RFR-Text.docx

THE COMMONWEALTH OF MASSACHUSETTS

Department of Correction MassCor

1 Industries Drive, Building A, Norfolk, MA 02056

Request for Response (RFR)

Document Title: Autoplate Coiled Aluminum, Equal or Better

COMMBUYS Bid#: BD-15-1025-DOCIF-FISCI-00000001914

Agency Document Number: 14-IND-0513-Aluminum

October 10, 2014

Amended 10/22/2014. All amendments are in red.

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.

Document Sensitivity Level: High during development; Low once published.

Revised 04/01/2014

Table of Contents Page iii Document Sensitivity Level: High during development; Low once published.

Revised 10/1/2013 RFR Introduction and General Description Procurement Scope and Description The Commonwealth of Massachusetts, MassCor Division, Strategic Sourcing Team (SST), of the Department of Correction is soliciting Bidders for the acquisition of autoplate coiled aluminum suitable for the manufacture of vehicle license plates. The aluminum material is to be delivered to the Autoplate Shop at MCI Walpole, Rt. 1A, Walpole, MA.

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) Number of awards The target maximum number of Contractors is three (3). This is a target number; the SST may award more or fewer Contracts if it is in the best interest of the Commonwealth to do so.

Adding Contractors after initial Contract award This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR never closes, allowing Bidders to respond at any point during the life of the solicitation. However, all Contracts will expire simultaneously.

Eligible Entities Any Contract resulting from this Bid will be open for use to the Issuing Entity Only, the Massachusetts Department of Correction, all facilities and divisions therein.

Acquisition Method(s) The acquisition method to acquire goods and/or services from this Bid is Outright Purchase.

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

All term leases, rentals, maintenance or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired. Any Contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main Contract.

Contract Duration The expected duration of this Contract is as follows:

Initial Duration

Up to 3 years

Total Maximum Contract Duration

Up to 12 years

No goods may be ordered and no new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid $12,000,000.00. 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.

Basis for estimated dollar value for this Contract (including all options to renew) The “Estimated Value (US$)” for this Bid was based on the historical spending, which averaged $600,000 annually for the last 11 years and MassCor’s projected expansion potential.

Estimated Procurement Calendar

COMMBUYS Bid #1531

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.

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.

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, 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.

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.

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

Electronic Quote Requirement for Bids Bidders are advised that MassCor (1) restricts 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, and (3) requires submission of a Supplier Diversity Program (SDP) Plan as specified in the RFR. 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.

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.

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

Bidder Qualifications All specifications in this section apply to all Bidders who receive an award resulting from this RFR. The responses, as submitted, must meet or exceed all of the mandatory specifications contained within this RFR.

Company experience Years in Business All Bidders must have been in business for at least two years preceding the release date of the RFR. Points may be awarded based upon the number of years in business greater than two years.

In the case of vendors which have new Tax ID numbers as a result of a merger or acquisition, the SST wishes to consider the experience and qualifications of the companies which combined to create the new entity.

In the response to this section, Bidders must identify any changes to the company’s Tax ID which took place as a result of a merger or acquisition within the past two years. Provide a sufficient description for each merger or acquisition to enable the SST to easily determine the years of experience of the combined entity. This can be documented on Response Form A, Section 3.1.

Industry Experience All Bidders must have been in business of offering autoplate aluminum coil for at least two years preceding the release date of the RFR. Points may be awarded based upon the number of years in industry greater than two years. This can be documented on Response Form A, Section 3.1.

Financial stability including bankruptcy, litigation and Contract defaults A copy of the most recent independent audit and accompanying financial statements of the provider may be required demonstrating that the provider is in sound financial condition and/or that appropriate corrective actions are being taken to address and resolve any identified financial problems. This may be required annually by the Department.

The Bidder shall submit a description of any and all investigations, indictments, or pending litigation by any federal, state or local jurisdiction relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related company as well as any Contract defaults, pending actions, enforcement actions or bankruptcy on Response Form A, Section 3.4.

References and reference information and/or requirements Bidders are to provide three (3) references that reflect the largest customers and the largest state government customers on the form attached to Response Form A.

Employee Requirements Bidders are advised to be aware of the following Department of Correction requirements for Bidder’s employees:

Department of Correction requirements It must be fully understood by the Bidders/Contractors that the Department of Correction and each facility have security rules and regulations that must be strictly adhered to at all times. Included in these regulations are required security clearances. It should be understood that every Contractor/employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Convicted felons are not allowed on state property. Background checks will be completed for individuals performing any work under this Contract. Upon request by the DOC, the Contractor will provide the DOC with specific information to be used to complete background checks. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. In addition, a locking gas cap may be required for any vehicle entering the facility.

Commodity Specifications Functional description The MassCor (Correctional Industries Headquarters) Division of the Massachusetts Department of Correction (DOC) is soliciting Bidders for the acquisition of autoplate coiled aluminum suitable for the manufacture of vehicle license plates. The aluminum material is to be delivered to the Autoplate Shop at MCI Walpole, Rt. 1A, Walpole, MA.

This Request for Response (RFR) is designed to identify core product categories that are representative of each Contractor’s product line for the commodity or service as specified. However, such representation is not limited or restricted to those product categories which are identified later in this RFR, but are specifically referenced for the purpose of determining acceptable pricing or discounts. The Strategic Sourcing Team (SST) reserves the right to add mutually agreed upon related items/services at any time during the term of the Contract.

Currently, the Autoplate Shop is located at MCI Walpole. MassCor reserves the right to have deliveries made to any other location in the Department of Correction. Any change in location will be negotiated.

Conversion Coated Aluminum for Autoplate Coiled Specifications

Bidders are to provide certificates of compliance with the specifications below with their bid submission and thereafter with every shipment.

The aluminum shall have the following properties:

Conversion Coated Aluminum Auto plate

Conversion Coated Aluminum Motorcycle plate

Defective Material Awarded Contractors must replace or give credit for defective material upon proper documentation that manufacturing problems and rejects are the result of inconsistent quality or aluminum that does not meet specifications. Bidders must include their procedure to address defective material on Response Form A, Section 4.1.

Product Standards Products provided by Contractors must be commercial grade and meet all Federal, State and local standards for quality and safety requirements. Products not meeting these standards will be deemed unacceptable and will be returned to the Contractor at no charge to the department.

Autoplate coiled aluminum provided shall meet 3M conformance for the manufacture of embossed plates.

Brand name or equal Unless otherwise specified in this Bid, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Bid to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

Bidders quoting an alternate to the specifications defined in Section 3.2.2 must clearly state on Response Form A, Section 4.5 that the conversion coated aluminum material is an alternative product and clearly identify all differences within the specifications as stated in Section 3.2.2.

Packaging of Coils The packaging of coils will adhere to the following requirements:

· Coils shall be packaged on a hardwood pallet. They shall be packaged and wrapped with reinforced waterproof (no tarpaper) paper sufficiently to insure proper protection against environmental circumstances. Pallets should allow 4” clearance for pallet truck, and have 4” X 4” parallel runners, 28” apart. No more than two (2) rolls per skid and skids cannot be double stacked on flat bed.

· Each coil shall be separated by 2” x 2” wood spacers on the bottom to provide for pick up by fork truck. Packaging shall provide proper protection against environmental circumstances.

· Each coil of aluminum is to be strapped individually and securely banded both around the circumference and through the eye of the coil to prevent telescoping with non-metallic material with a minimum of 3 evenly spaced strips (If shipped with metal banding, shipment will be refused).

· Coils shall be free from edge damage, as caused by cable marks, forklifts, dull cutting dies, rough separator discs or any other causes that result in rough, wavy or damaged edges. Coils shall be coiled straight and fairly tight with no more than 1/16” interweave.

· A securely attached packaging slip, legible without removal, shall be attached to each skid and shall indicate the size, gross and net weights and purchase order number.

Delivery and Shipping All shipments are to be delivered within 30 calendar days after receipt of order. Bidders are to state the earliest delivery date after receipt of order (ARO) and their average ARO in their bid response on Response Form A, Section 4.2.

Written authorization by MassCor Industries Deputy Director, Administration & Finance, is required for any issues causing delay in meeting the 30 day delivery commitment.

Delivery must be F.O.B Destination. All pricing is to include F.O.B. delivery to the ordering facility. Liability for product delivery remains with the Contractor until properly delivered and signed for in accordance with the Department and the Commonwealth Terms & Conditions.

The department reserves the right to reject items delivered late. Failure to deliver on time and in quantities as ordered may be grounds for termination of the Contract. The receipt of material in a timely manner is critical to MassCor’s daily operations.

The “Background Information Request and Waiver” Form is required for all drivers/deliveries. This form must be completed and faxed to Dennis Groleau, Walpole Industries Shop Manager, Fax# 617-727-5886 (Monday - Friday) three (3) Commonwealth Business Days in advance of proposed delivery. All deliveries must be confirmed by phone 48 hours prior to delivery by contacting Autoplate Shop Manager at 508-660-8000, ext. 242. It is also highly advisable to send delivery confirmation to MassCor Industries via facsimile. Drivers must NOT wear jeans.

Only dedicated loads (no sleepers) are permitted within the Institutions, no other freight is allowed. All trucks are to enter with their delivery and return empty. Contractors must not over ship. Over shipments will be returned at the Contractor’s expense. The Contractor will provide a final delivery schedule for all shipments which may be divided up into split deliveries with specified amounts approved by MassCor.

Shipments must be open flatbed trailer for side off-loading by forklift truck.

Shipments are to be approximately 40,000 pound truck loads. Overages will not be allowed unless prior written authorization is received by MassCor Industries Deputy Director, Administration and Finance.

MassCor will unload all shipments.

Delivery Hours: Monday – Friday, 8:00 am – 11:00 am and 1:00 pm – 2:15 pm.

No deliveries on Saturday and Sunday, designated state holidays and when the institution is in lockdown or there are security issues beyond the Department’s control.

Over Shipments: Overages will not be allowed without prior written authorization from the Department.

Partial Shipments: Although it is highly desirable that orders be shipped in their entirety, partial shipments will be allowed unless otherwise notified by the department.

MassCor reserves the right to refuse or reject any part of all shipments that fail to conform to all requirements of this specification. Any material deemed unusable will be replaced by the Contractor in like quantities at no cost.

Payment will be made in compliance with the Commonwealth’s bill paying policy and any offered prompt payment discounts.

Contractors must be fully aware of the above delivery procedure and delivery dates/times and they must adhere to the policy for each and every shipment to MassCor. In addition, any changes in any scheduled delivery must be pre-approved in writing. Any expense that is incurred as a result of noncompliance to procedure will be the full responsibility of the Contractor and at no expense to the Commonwealth.

Product Deliveries:

MCI Cedar Junction – Autoplate Shop Route 1A South Walpole, MA 02071 Attn.: Dennis Groleau Warranties and guarantees Bidders must disclose whether any warranties and/or guarantees apply for any products provided at the time of delivery and document the warranty and/or guarantee specifics on Response Form A, Section 4.3.

It is desirable that Bidders offer an extended warranty on all products to the department at no additional cost or at a discounted rate.

Recalls In the event of a manufacturer’s recall, awarded Contractors will be responsible for contacting the department and specific facilities affected by the recall. The Bidder will be responsible for providing and replacing any defective materials of the manufacturer at no additional cost to the department.

Sample products for evaluation Samples may be required as deemed necessary by the Strategic Sourcing Team Leader (SSTL). All Bidders are responsible to properly label each individual sample submitted for review referencing their company name and the bid reference number. All samples should be full size and will be reviewed for quality assurance purposes.

As requested by MassCor and prior to award and/or Contract start date, vendors may be required to have samples tested for conformance by a predetermined independent testing facility at no additional cost to the Commonwealth. Acceptance of the samples does not relieve the Bidder of the responsibility of furnishing the purchaser with production material that meets design criteria and/or sample quality in accordance with these specifications.

Emergency response plans/preparedness In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, Contractors may be asked to supply the Commonwealth with the commodities and/or services under the Contract on a priority basis. The Bidder’s Quote should include the following:

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

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

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

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

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

Insurance The awarded Bidder must take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage while performing services under this Contract. It is the awarded Bidder’s responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Contractor must replace/repair, at MassCor’s sole option, any property damages made during performance.

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 affect). 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. In the event that an eligible entity needs additional insurance coverage than what is provided by a Contractor and in order to adequately insure the value of the assets being moved (for example computer servers), then MassCor is authorized to pay a higher premium for the CONTRACTOR TO INSURE the assets for loss and replacement and NOT for the Commonwealth to purchase a separate policy in the name of the Commonwealth.

The Bidder(s) awarded Contracts pursuant to this RFR must have the following insurance coverage listed below and this insurance coverage must be maintained during the life of the Contract. As part of the response to this RFR, Bidders must provide certified copies of all insurance policies currently in place, including Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as identified below. Prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide OSD 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 below 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.

Worker’s Compensation Insurance By signing the Commonwealth Standard Contract Form and Instructions (found at http://www.mass.gov/Aosc/docs/Forms/Contracts/standard_Contract_frm.doc), the Bidder confirms compliance with applicable state and federal employment laws and regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152.

Comprehensive General Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the Contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage, bodily injury and death liability; personal injury liability (with no employee exclusion), Independent Contractor protective liability; broad form property damage (with X, C, and U coverage) and Contractual liability. This insurance shall not contain a care, custody and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured. This insurance shall be written with respect to all coverage, for not less than the following policy limit: one million ($1,000,000) per each occurrence and one million ($1,000,000) aggregate.

Comprehensive Business Motor Vehicle Liability Insurance The Contractor and all subContractors, at their own expense, must maintain during the life of the Contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use ofa motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per each occurrence; $1,000,000 aggregate.

The general liability and motor vehicle insurance required by this RFR may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies shall follow form, without exclusions or reductions in coverage over the primary liability insurance policy. All policy limits for insurance coverage required by this RFR shall be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy, and must state that the insurer is liable for payment of amounts within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer Environmental Specifications Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the Executive Order or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Executive Order can be seen at:

http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf.

Compensation Structure/Pricing Compensation will be based on price per pound [or by ingot?], by volume supplied by the Bidder and accepted by the SST. Pricing must contain all goods and services to be provided to MassCor.

Bidders are to provide all prices on Response Form A, Section 5.

Pricing Bidders are to provide pricing for various quantities of autoplate aluminum coil on Response Form A, Section 5.1.

Discounts available Bidders are to provide any and all discounts on Response Form A, Section 5.2.

Volume purchase discounts (VPD) Bidders are to define in detail any volume discounts available. It is desirable that Bidders offer a volume purchase discount percentage. If a VPD is provided, it is desirable that the invoice shows the amount of the VPD and deducts it from the total amount of the invoice. This is desirable for both manual and electronic invoices, if electronic invoice are provided.

Special Purchases or Bulk Orders The department reserves the right and is entitled to take advantage of “close-out” pricing, sales or marketing incentive discounts, or other such negotiated discounts that a Contractor would offer to other comparable clients and that would be of “best value” to the department. In this case, the department reserves the right to negotiate said purchase with the Contractor(s). In addition, the Contractor may offer discounts for bulk (large) orders.

Charges for Quotes Charges for quotes will not be accepted as part of this Contract. The department will not process and will not be responsible for any costs associated with quotes.

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

All work is to be completed in a professional manner. The Contractor shall familiarize him/herself and abide by all Department and institution rules and regulations. Convicted felons are not allowed on DOC property. Background checks will be completed for individuals performing any work under this Contract and at any time during this Contract. Jeans of any color are not allowed inside correctional facilities. The possession or use of any tobacco products are prohibited on Department property.

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

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

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

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

Prevention Planning:

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

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

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

No Rights in Third Parties. Except as otherwise expressly provided herein, this Contract and all rights hereunder are intended for the sole benefit of the Contractor and the Department. This Contract shall not imply or create any rights on the part of, or obligations to, any other person.

Service Schedule (Dates and Times) Contractors will work with each of their Contracted facilities in order to negotiate a schedule for both dates and time for deliveries and services. Contractors must ensure that any driver has already been pre-approved and cleared for each facility on their route. Contractors must be fully aware of the approved date and time schedules and must adhere to them. A prolonged waiting time will occur if the Contractor does not adhere to these specific dates and /or times. Any expenses resulting from prolonged waiting times will not be charged to the DOC. The DOC will not process and is not responsible for any such expenses. In addition, there may be times when the Contractor (at no fault of theirs) will not be let into the facility possibly due to security issues. When this occurs, the Contractor may have to wait or may have to re-schedule the service. The Contractor shall make every attempt to re-schedule within the same day, but only as accepted by the facility. In this case, the DOC will not be responsible for processing any payment for any expense incurred by the Contractor. Any change of schedule must be pre-approved, in writing, by the representing fiscal department of the MassCor.

Contractor’s Terms and Conditions The Department is not obligated and shall 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.

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.

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

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 MassCor. 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.

Account Numbers Although this Contract may include any number of facilities within the Massachusetts Department of Correction, unless otherwise notified, each facility must have its own unique account number.

Invoices Invoices will be sent to MassCor by the Contractor immediately AFTER the delivery. Contractor invoices should include the following:

· Name, address, telephone and fax numbers of Contractor

· Name and address of bill to department and deliver to department

· Purchase order number

· Date of invoice and date of delivery or service

· Detailed breakdown of items delivered or service performed

· Name of department contact person

· Early payment discount terms

A copy of the delivery receipt or work order, which includes the Department employee signature, shall be attached to the invoice. Invoices should be sent, unless otherwise notified, to MassCor after the delivery or service has been completed. Invoices shall be date stamped when received by the Department.

Any invoice, which does not meet these criteria, may be rejected by the department and returned to the Contractor for correction, and the department will not be held responsible for late payments. The Contractor must immediately re-submit as per the department’s request.

Purchase Order Numbers The Contractor will be responsible to obtain a purchase order number from the procuring department for all service requests and for orders. Said purchase order number should appear on all documentation, particularly on the invoice. NO SERVICE OR DELIVERY (unless a department employee has expressed an emergency in writing to contractor) shall be performed unless an approved Purchase Order Number is assigned.

Payments Contractors are encouraged to send monthly statements to MassCor. In addition, Contractors must call MassCor for any unresolved issues that are greater than 60 days

This Contract is subject to available funding.

MASS Finance web-site The Commonwealth has a web-site called “MASS Finance” which may assist vendors in researching either payments which have been made or are scheduled to be paid.

https://massfinance.state.ma.us/VendorWeb/vendor.asp Justified Credits Written credits will be issued to MassCor no later than two (2) 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.

Alternatives Contractors may propose alternatives for equivalent, better or more cost effective performance than specified under the Contractor’s original Quote at any time during the life of the Contract.

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.

Contract Renewal Prior to the expiration of the initial duration, MassCor will notify Contractors of MassCor’s intent to renew the Contract. Contract renewal is contingent upon the Contractor’s ability to perform Contractual obligations.

Audit:

During the term of this Contract and for a period of six years thereafter, MassCor, 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 Contract. If such an audit indicates that Contractor has materially overcharged MassCor, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

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…