RFR Van Host 10-14-21 Final~3.docx

The Commonwealth of Massachusetts Executive Office of Health and Human Services Massachusetts Rehabilitation Commission

600 Washington Street, Boston, Massachusetts

Request for Response (RFR) Document Title: Adapted Driving Evaluation and Training Vehicle Host COMMBUYS Bid#: BD-22-1071-AO-02021-67559 Agency Document Number: MRC VANHOST 10-2021

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

RFR: MRC VANHOST 10-2021

Boston, MA 02111

Fax #:

Eugene.Blumkin@mass.gov

Procurement Questions:

Questions must be posted on COMMBUYS by:

November 1, 2021, 4 PM Responses to the questions received via COMMBUYS or during the Bidder’s Conference will be posted on COMMBUYS no later than November 10, 2021.

October 27, 2021, 2 PM Location/Link: https://zoom.us/j/98858672633?pwd=Z1N1VHBtTjRSekk4NkJMai9rV1hkUT09 Meeting ID: 988 5867 2633 Passcode: pZae5N

*start date contingent on availability of vehicles

ACQUISITION METHOD

This will be a cost reimbursement contract with a maximum obligation. Bidders for this RFR must be qualified under MRC’s Adaptive Driving Evaluation and Training RFR. Adaptive Driving services are delivered in accordance with the terms of the Adaptive Driving Evaluation and Training Services RFR; MRCADET 3-17. This Vehicle Host RFR only pertains to the hosting of one or two adapted vehicles owned and placed with the Vehicle Host(s) by the MRC.

MRC reserves the right to adjust the payment method and amounts based on, but not limited to, the actual cost as MRC obtains historical data over time and on other applicable considerations.

SINGLE OR MULTIPLE CONTRACTS

MRC will enter contracts with one or two vendors. A bidder may propose to host one or both adapted vehicles.

The vehicles will be (1) VMI Honda Odyssey minivan equipped with a lowered floor, in-floor ramp, EMC evaluation package, other structural modifications and a variety a hand controls and (2) BraunAbility Chrysler minivan with a lowered floor, fold-out ramp, Paravan evaluation package, other structural modifications and a variety of hand controls.

SINGLE OR MULTIPLE DEPARTMENT PARTICIPATION

Only Procuring Department May Contract Under RFR

MRC reserves the right to amend this contract if needed.

ANTICIPATED EXPENDITURES, FUNDING OR COMPENSATION FOR EXPECTED DURATION

The amounts indicated are estimates. Contract amounts during any contract period are subject to a selected Bidder’s response, and may increase or decrease based upon contract negotiation, performance, appropriation, and/or the availability of funds.

APPLICABLE PROCUREMENT LAW

801 CMR 21, Procurement of Commodities or Services, applies to this solicitation.

PURPOSE OF PROCUREMENT

MRC promotes equality and independence of individuals with disabilities. These goals are achieved through enhancing and encouraging personal choice and the right to self-determination in the pursuit of independence and employment in the community. MRC provides comprehensive services to people with disabilities that maximize quality of life and economic self-sufficiency in the community.

MRC’s services include adaptive driving evaluations and training. These services determine an individual’s ability to drive a vehicle with or without modifications and identify the specific modifications to a vehicle or driving controls required to make this feasible. Adapted Driver Evaluations and Training (hereafter referred to as “Adaptive Driving services”) is provided to eligible individuals to enable them to safely operate or be transported in a motor vehicle modified with structural or non-structural modifications. Adaptive driving and evaluation services are primarily provided to individuals who need transportation in order to obtain or maintain employment.

Potential drivers with severe physical disabilities must usually be evaluated in a vehicle specially equipped for this purpose. Such vehicles have been modified to include specialized hydraulic, mechanical or electronic controls, as well as structural modifications to the vehicle itself to accommodate individuals using wheelchairs or other mobility devices.

The federal Rehabilitation Services Administration (RSA) recently authorized MRC to use federal Vocational Rehabilitation (VR) funds to purchase and modify two new vehicles to be used for Adaptive Driving services for Vocational Rehabilitation clients. These vehicles will be hosted by one or two Adaptive Driving vendors, who will use the vehicle(s) for adaptive driving evaluations and training with MRC VR consumers. The vendor host(s) will secure, garage, maintain, insure and otherwise support the vehicle(s), while MRC will maintain ownership of the vehicles.

In case the RSA changes its guidance and allows using the vehicles for services provided to other categories of consumers (in and out of state), MRC will notify all the providers under this RFR, and they would be required to assure appropriate access of those additional categories of consumers to the vehicles. If this involves any additional hosting costs, the vendors may initiate renegotiation of reimbursement amounts under this contract.

DESCRIPTION OF THE PROCUREMENT

Through this RFR, MRC will contract with one or two Adaptive Driving Evaluation and Training vendor(s) to host one or both evaluation and training vehicles. The vendor will secure, garage, maintain, insure and otherwise support the vehicle(s) and use it for driver evaluations and driver training for MRC VR consumers, within the scope of MRC’s current Adaptive Driver Evaluation and Adaptive Driver Training RFR https://www.commbuys.com/bso/external/bidDetail.sdo?docId=S111042-vCurrent&external=true&parentUrl=close MRC will reimburse the host(s) for routine expenses related to hosting and maintaining the vehicle(s), as well as agreed-upon repairs. Host(s) will bill MRC for these expenses on a monthly basis. MRC may renegotiate reimbursement based on a set monthly hosting fee and may request documentation of expenses at any time to confirm the reasonableness of the hosting fee.

The vehicles will be supplied with all standard OEM warranties on vehicles, equipment and modifications and a five-year warranty on all adaptive modifications and equipment. MRC shall not be billed for any expenses that are covered under any applicable warranties. The OEM warranties include but are not limited to Chrysler and Honda standard bumper-to-bumper (3 years/36,000 miles) and powertrain warranties (5 years/60,000 miles), BraunAbility and VMI conversion warranties (3 years/36,000 miles) as well as other applicable warranties.

All warranties shall be activated upon successful final inspection by MRC Principal Engineer.

At the end of initial warranty period MRC can choose to purchase extended warranty contracts on the vehicles, on the conversion, or on both if such contracts are offered by the vehicle manufacturers and/or by modifiers.

The designated host(s) will be expected to negotiate the terms of use of the vehicles with MRC (and with other entities where authorized by RSA and the Commonwealth), including, but not limited to, appropriate discounts for services provided to clients of the Commission when those services are provided using one of MRC’s evaluation vehicles. The host(s) will also be expected to make the vehicle(s) available for use by other MRC-qualified Adaptive Driver Evaluation and Training providers if the services are provided to MRC VR consumers (or other categories of consumers approved by RSA) and they satisfy all Commonwealth requirements regarding operating state-owned vehicles and all applicable insurance and indemnification requirements, including, but not limited to, the duty to defend.

Service Coordination The host will work under the direction of MRC’s Principal Engineer, or his/her designee. The host vendor and MRC’s Principal Engineer will confer at least quarterly (in-person, electronically, by telephone, or by any other mutually acceptable modality). The host vendor may be requested to attend occasional in-person meetings. MRC will oversee the operations of the vendor owner/host, conducting regular quarterly visits and reviewing documents to ensure the host is carrying out all requirements.

MRC’s Principal Engineer, or his/her designee will have access to the vehicle at any time with no additional notice to the host vendor if MRC remains the owner of the vehicle.

All MRC Adaptive Driving contractors are allowed to use the MRC evaluation vehicle to evaluate and train MRC VR consumers. The Commission reserves the right to request specific technology aids and/or equipment to be utilized in an evaluation.

Hosting Requirements The vehicle host(s) will be responsible for ongoing oversight of the operation and use of the vehicle(s). This includes:

· Appointing a primary coordinator with responsibility for management and oversight of the vehicle.

· Timely communications with MRC’s Principal Engineer regarding any issues or questions related to hosting the vehicles this includes the need for any repairs, and any incidents or accidents involving the vehicle.

· Ensuring that the vehicle is garaged inside in a safe and secure building/location.

· Ensuring that all manufacturer-required maintenance of the vehicle(s) is carried out at the intervals specified by the manufacturer and by vendors qualified to work on the specified vehicle including OEM certified technicians/dealerships and MRC approved vehicle modification vendors.

· Ensuring that all maintenance required by the manufacturer or installer of the adaptations or adaptive equipment is carried out at the specified intervals and is carried out by qualified vendors.

· Ensuring that any required repairs are carried out immediately upon identifying the need, and that such repairs are carried out by vendors qualified by the manufacturer of the vehicle or equipment being repaired.

· Maintaining all records, including a log, of maintenance and repairs, including the nature of the work, purpose, date, vendor, expense, and any service notes from the vendor carrying out the work.

· Fueling the vehicle, ensuring use of the recommended octane rating and any additives.

· Each vehicle will be equipped with telemetric equipment that allows the Commonwealth to monitor vehicle usage. The host vendor may not remove, disable or otherwise tamper with said equipment, and must agree to make the vehicle(s) available to representatives of the Commonwealth for servicing of said equipment either upon demand or on a pre-arranged schedule. The host vendor will be required to bring the vehicle(s) to the designated site for servicing.

· Negotiation of discounted rate to be used under the Adaptive Driver Evaluation and Adaptive Driver Training RFR.

· Confirming all drivers, instructors and evaluators (employees, vendors and clients) are appropriately licensed and certified before they drive the vehicle or engage in evaluation and/or training of consumers.

· Maintaining a log of the use of each vehicle, including the name and license number of the VR client being served, employees or other Adaptive Driving vendors.

· Negotiation of terms with MRC and with other Adaptive Driving vendors whereby other Adaptive Driver providers may use the vehicle for services to MRC VR clients at no charge.

· Preparation for and participation in MRC on-site inspection(s) Insurance Requirements The Contractor shall maintain all insurance required under this Section. MRC shall be supplied with signed certificates of such insurance as part of the RFR response. Any deductible shall be the responsibility of the Contractor or Subcontractor.

a) Worker's Compensation Insurance including Worker's Compensation Insurance and Employers Liability Insurance as required by and in accordance with the laws of the Commonwealth of Massachusetts.

b) General Liability Insurance including Contractual Liability Insurance with a limit of not less than $1 million per occurrence and $3 million aggregate.

c) Automobile Liability Insurance for bodily injury and property damage with a combined single limit of not less than $1 million occurrence and $3 million aggregate for the use of all vehicles; owned, leased, hired, and non-owned for all work performed under this contract. Coverage requirement includes comprehensive coverage, fire, theft, glass, and physical damage/collision coverage on all MRC or state-owned/leased vehicles.

d) Umbrella Liability Insurance with limits not less than $1 million per occurrence and $3 million aggregate, covering all work and services performed under the Contract. Such insurance shall be written on an occurrence basis.

e) Employment Practice Liability should be written on a claim made basis with a limit of no less than $1 million. Coverages to be included are Third Party Violations including, but not limited to, any actual or alleged harassment or unlawful discrimination of violation of civil rights of an individual committed against any individual other than an individual insured or applicant for employment with the Contractor, including, but not limited to, students, patients, members, customers, vendors and suppliers.

The insurance herein before specified shall be with insurance companies licensed and/or authorized by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best's rating of A- or better.

MRC employees, clients and agents shall be listed as an "additional insured" on all Policies. The Workers' Compensation and Employers' Liability Insurance Policies shall include a waiver of any and all subrogation rights against the Commonwealth. All such insurance required above shall be primary and non-contributory to any insurance or self-insurance maintained by the MRC.

Indemnification.

Unless otherwise exempted by law, the Contractor shall defend and indemnify and hold harmless the Commonwealth, including the Massachusetts Rehabilitation Commission (MRC) its agents, officers and employees (for purposes of this paragraph, “indemnified parties”) against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement or other damages that the indemnified parties may sustain which arise out of or in connection with the Contractor's performance of a Contract, including but not limited to the negligence, gross negligence, reckless or intentional conduct of the Contractor, its agents, officers, employees or subcontractors. The Contractor shall at no time be considered an agent or representative of MRC or the Commonwealth. After prompt notification of a claim by an indemnified party, the Contractor shall have an opportunity to participate in the defense of such claim and any negotiated settlement agreement or judgment. The indemnified party shall not be liable for any costs incurred by the Contractor arising under this paragraph. Any indemnification of the Contractor shall be subject to appropriation and applicable law.

Billing Requirements Vehicle host(s) will bill MRC on a monthly basis for expenses related to the hosting and routine maintenance of the vehicle(s). These should include, but are not limited to, expenses such as insurance, facilities, routine maintenance related to the hosting of the vehicle(s), but not related to the provision of Adaptive Driving services.

Non-routine expenses must be approved by MRC before they can be submitted for reimbursement. These would include expenses for out-of-warranty repairs or repairs due to uninsurable accidents or incidents.

Vehicle host(s) shall submit invoices within fifteen (15) calendar days following the end of each month. Invoices will be submitted either through electronic invoices, paper Payment Vouchers or the EIM system, as instructed by MRC, and must include applicable supporting documentation for expenditures incurred under the contract.

PROVIDER QUALIFICATIONS

The successful vendor must be an approved provider under MRC’s Adaptive Driver Evaluation and Training RFR. If the vehicle host vendor ceases to hold an active contract with MRC as an Adaptive Driving provider, MRC will take possession of the evaluation vehicle(s) and may reassign it to another qualified provider as permitted by RSA and Massachusetts Operation Services Division (OSD).

Vehicle host bidders must have adequate staffing and organizational structure to manage and operate the vehicle(s).

The vehicle host must have experience managing and operating adapted vehicles used in evaluating or training individuals with disabilities.

The vehicle host must maintain facilities where adapted vehicles can be safely stored and secured from theft, vandalism or damage from other causes.

PROPOSAL NARRATIVE

Bidders must submit a narrative proposal on COMMBUYS of no more than 10 pages, addressing each of the six sections listed below.

(COMMBUYS will accept Word, PDF, zip files) A Bidder must adhere to stated page limits. All pages in excess of the page limit will be removed from the end of the narrative and will not be reviewed or considered in evaluating a Bidder’s Response.

Attachments specifically requested by this RFR will not be counted in determining if a Bidder’s Response Package exceeds the stated page limits.

1. Staff structure, qualifications and training: Describe the bidder’s existing and proposed staff structure, including contractors, and their experience qualifications, licenses or other credentials. Please describe the proposed staffing structure to manage and operate the vehicle(s). Please include copies of job descriptions and resumes of key staff and copies of all relevant licenses, certifications etc. These documents will not be counted towards the page limit.

2. Provider capacity: Bidders should describe their experience managing and operating adapted vehicles used in evaluating or training drivers with disabilities. This should include a description of the numbers and types of vehicles currently and historically owned and maintained, the length of time the bidder has operated and managed such vehicles.

3. Hosting site: Bidders should describe the location and physical facilities in place at the proposed hosting site. This must include a description of any systems in place to ensure the safety and security of both drivers and vehicles.

4. Proposed hosting rate and rate justification: Submit estimated monthly hosting expenses. This must be backed up by a budget form showing how the expenses were calculated. Please also include a budget narrative describing all proposed costs in the budget.

5. Acceptance of indemnification requirement: The bidder must acknowledge that it understands and accepts the indemnification, including, but not limited the duty to defend, requirement herein described.

6. SDO Certification: Indicate whether the bidder has received certification as a minority and women owned business enterprises from the Massachusetts Supplier Diversity Office (SDO). Submit, if applicable, a copy of the SDO certificate. There will be 3 additional points awarded with valid SDO certification.

SUBMISSION COMPONENTS AND ATTACHMENTS

COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.COMMBUYS.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Additionally, bidders are responsible for posting their response (called “quote”) on the system.

COMMBUYS Registration. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account. If a Bidder requires assistance with the registration process, they may contact the COMMBUYS Help desk by email at COMMBUYS@state.ma.us or by phone at 1-888-627-8283.

Quote Submission Method. Online Quote Submission via COMMBUYS is required. All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Responses must be submitted to COMMBUYS (https://www.commbuys.com/bso/) by 12/2/21, deadline time is based on the time according to the COMMBUYS system.

The electronic response must include the following:

· RFR Cover Page (Attachment 1)

· Original written proposal (up to 10 pages, excluding attachments, double spaced, 12-pt type, 1-inch margins all around.

· Resumes of organization’s key staff and job descriptions for positions involved

· Organization Chart

· Business Reference Form

· CORI Assurance letter

· Equal Opportunity Employment Plan

· Copy of Corrective Action Plan required by any state agency within the last 5 years, if any, along with evidence of its current status.

· Supplier Diversity Office (SDO) Certification (if applicable)

· Supplier Diversity Program (SDP) Form

· Copy of Organization liability insurance

· Prompt Payment Discount Form

· Massachusetts Department of Revenue Certificate of Good Standing (https://wfb.dor.state.ma.us/webfile/Certificate/Public/WebForms/Welcome.aspx )

· Financial Pre-Qualification requirements, as listed below in “Additional Requirements for Financial Pre-Qualification” section Contact Help Desk with submission difficulties COMMBUYS@state.ma.us or 888-627-8283.

Proposal REVIEW AND SELECTION All submissions will be reviewed by a Review Committee, which will include MRC personnel, and may include MRC consumers, and/or other non-MRC personnel with subject matter experience and expertise.

Each response will be reviewed to determine if the response satisfies the submission, format and contents requirements set forth in sections 9 and 10. Any response that does not meet these requirements may be considered non-responsive and disqualified without further review. It may be determined that the non-compliance is insubstantial and can be readily corrected, or that an alternative proposed by the Bidder is acceptable. In such case, MRC can seek clarification or allow the Bidder to make minor corrections.

Review Committee members will individually score each submission according to the following criteria:

1. Up to 5 points towards the bidders existing or proposed structure, qualifications and training. Related to managing and operating the vehicle(s). This must include contractors, and their experience, qualifications, licenses or other credentials

2. Up to 5 points towards bidders demonstrated capacity and experience managing and operating adapted vehicles used in evaluating or training drivers with disabilities. This includes the numbers and types of vehicles currently and historically owned and maintained, and the length of time the bidder has operated and managed such vehicles.

3. Up to 5 points towards the safety and security of the proposed hosting site, including any systems in place to ensure the safety and security of both drivers and vehicles.

4. Up to 5 points towards the proposed hosting rate, including the competitiveness and reasonableness, of the expenses included in the proposed monthly hosting rate. The comprehensiveness and clarity of the budget form and budget narrative will also be considered.

5. 5 points for Acceptance of indemnification requirement: The bidder must acknowledge that it understands and accepts the indemnification requirement herein described.

6. The contractor has received certification as a minority or female business enterprise from the Massachusetts Supplier Diversity Office (SDO). There will be 3 additional points awarded with valid SDO certification.

The maximum score that can be awarded per reviewer will be 28 points.

In addition to the Bidder’s response, the Review Committee may consider any relevant information about the Bidder known to MRC. Any additional information that is considered will be noted by the Review Committee in the Evaluation Tool.

As part of the minimum review process, it will be determined if the Bidder has been Financially Qualified and if the Bidder is subject to any debarment. If a Bidder is subject to a debarment order, the response will be considered non-responsive and disqualified.

If a Bidder is disqualified, the Bidder will be notified of such in writing and of the reasons why.

Forms Review Following the bid close, MRC will initiate its forms review process with bidders to ensure that we have all required forms. Some forms, such as the W-9 and EFT, are completed via an electronic envelope process. Some forms may require a signed scan to be emailed.

Findings and Recommendations to the Commissioner of MRC. The Review Committees rates all the applicable Response Packages and forward its completed Evaluation Tools to the RFR Procurement Management Team (PMT), or designated staff. The PMT or designated staff will compile the evaluation scores and comments of the applicable Review Committees for each bidder and will submit a memo recommending the chosen bidder(s) to the Commissioner of MRC.

The decision to select or not select a Contractor is the decision of the Commissioner of MRC. All Bidders that submitted a response to the RFR will be notified in writing of the selection decision and notice will be provided on COMMBUYS.

Pursuant to 801 CMR 21.06(13), no Bidder shall have any press conferences, or make any news releases or announcements concerning its selection or non-selection, prior to MRC’s public release of said information, or prior to the written approval of MRC. Violation of this Subsection may be considered grounds for disqualification

SUPPLIER DIVERSITY PROGRAM (SDP)

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

The essence of both Executive Orders is to provide policies to promote the award of state contracts in a manner that develops and strengthens certified M/WBEs and SDVOBEs, because a diverse business community strengthens the economy and is beneficial to all the citizens of the state.

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

Bidders are to submit a copy of their most recently submitted “SDP Plan Form for POS” with their proposal to signify to the Procurement Management Team that a form has been submitted. Bidders that do not currently hold POS contracts with Commonwealth Departments are required to complete the Form and include it with their proposal. The “SDP Plan for POS” can be found in the File Attachments Section of the respective Bid Solicitation on www.COMMBUYS.com The evaluation criteria for this POS solicitation do not dedicate a specific percentage of the total evaluation points to the SDP Plan. However, the Strategic Sourcing/Procurement Management Team (SST/PMT) has developed strong evaluation benchmarks in order to identify robust plans. While the Plan is not assigned any points in the evaluation process, the Department is unable to issue a contract to an organization that has not submitted a Plan that demonstrates a strong commitment to working with M/WBEs and SDVOBEs.

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

Evaluation Tool RFR Number: MRC VANHOST 10-2021 RFR File Name/Title: Adapted Driving Evaluation and Training Vehicle Host Evaluation Rating Scale 1 = Does not meet any portion of the criteria item 2 = Does not meet a substantial portion of the criteria item 3 = Meets most but not all the item criteria 4 = Meets item criteria 5 = Exceeds item criteria

TOTAL

Maximum Score: 28

AUDIT

Applicable Laws: The Contractor shall comply with all applicable state laws and regulations including but not limited to the applicable Massachusetts General Laws; the Official Code of Massachusetts Regulations; Code of Massachusetts Regulations (unofficial); 801 CMR 21.00 (Procurement of Commodity and Service Procurements, Including Human and Social Services); 815 CMR 2.00 (Grants and Subsidies); 808 CMR 1.00 (Compliance, Reporting and Auditing for Human And Social Services); AICPA Standards; confidentiality of Department records under G.L. c. 66A; and the Massachusetts Constitution Article XVIII if applicable.

The Contractor shall also comply with Federal Anti-Lobbying and Other Federal Requirements such as, but not limited to, 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the so-called Uniform Guidance.

The providers that MRC contracts with agree to submit Uniform Financial Reports accurately and on a timely basis as required by regulation.

During the term of this Agreement and for a period of six years thereafter, the Massachusetts Rehabilitation Commission, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Provider'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 Provider has materially overcharged the Massachusetts Rehabilitation Commission, then the Provider shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

DEBRIEFINGS AND APPEALS

Debriefing Any Bidder that has filed an Eligible Response, but that is not selected may request a debriefing to understand the basis for the decision, and review materials relevant to the review, qualification, and selection process. The request must be in writing and received within 14 calendar days of notification of such being sent to the Bidder. A Bidder aggrieved by the decision must participate in a debriefing as a prerequisite to filing a request for an administrative appeal. All requests for a debriefing must be sent by certified mail and addressed to:

If a debriefing is properly requested, one will be scheduled within 14 calendar days of the date the request was received. If necessary, a brief extension shall be allowed by mutual agreement of the Bidder and MRC. At the debriefing, a Bidder shall be allowed to review public records directly related to the selection decision.

Administrative Appeals A Bidder that is not selected and who attends a debriefing may appeal the decision to the Commissioner of MRC. Requests for appeal must be sent by certified mail and addressed to:

The appeal must be filed within 14 calendar days of the debriefing meeting. The appeal must be in writing specifying the basis for the appeal and it must be based on one or more of the following grounds:

a) The procurement failed to comply with applicable regulations and guidelines. These are limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the Operational Services Division (OSD) Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or

b) There was a fundamental unfairness in the procurement process.

The burden of proof rests with the Bidder to provide sufficient and specific evidence in support of its claim.

Requests for an appeal must specify in sufficient detail the basis for the appeal. Sufficient detail requires the identification of an applicable regulation or guideline that was not complied with or the specific facts that demonstrate that the procurement was unfair. MRC reserves the right to reject appeal requests based on grounds other than those stated above, or those submitted without sufficient detail on the basis for the appeal.

Administrative appeals are not subject to the formal procedures specified in M.G.L. c. 30A, §§ 10 & 11. A pending appeal will not prohibit MRC from proceeding with the selected Bidder, awarding a contract or making referrals to the selected Bidder.

Acceptance/Denial of the Appeal Within 21 calendar days of the receipt of request for an appeal, MRC will schedule a hearing date or notify the Bidder that the appeal has been deemed without merit and that it will not be heard. The Bidder and the MRC may mutually agree to extend the date for the hearing. The Commissioner’s decision on the appeal will be put in writing and sent to the Bidder within 60 calendar days of the date of the hearing on the Bidder’s appeal.

Appeals to the Operational Services Division Non-successful Bidders who participate in the appeal process described in this Section and remain aggrieved by the decision of the Agency may appeal the decision to the Operational Services Division (OSD). The basis for an appeal to OSD is limited to the following grounds:

c) The competitive procurement conducted by MRC failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or

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

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

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

ADDITIONAL INFORMATION

The Bidder(s) is responsible for any and all costs associated with the preparation of the RFR response.

a) All response submissions, regardless of whether a contract is ultimately awarded to a particular Bidder, become the property of MRC.

b) The Agency may, during response review or at any time prior to selection, cancel a Request for Response or reject any or all responses if the Agency determines that such action is in the best interest of the Commonwealth.

c) The MRC and the Commonwealth of Massachusetts make no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

d) MRC reserves the right to renegotiate and adjust rates, performance terms and/or performance measures at any time during the life of the contract.

e) All materials developed by the selected Provider(s) under this contract will remain the property of MRC.

f) All bidders must comply with CORI (Criminal Offender Records Information) requirements identified with any contract awarded as a result of this procurement.

g) Any contract resulting from this solicitation may be terminated at any time if the Provider is unable to meet performance standards after given a reasonable opportunity to improve performance.

h) This Request for Response is developed in good faith based on needs known at the time of document preparation. Should additional information become available during the term of this contract suggesting the advisability of a different strategy and/or additional contract goals or performance benchmarks, MRC reserves the right to modify the contract accordingly, including adjusting the contract term, dates of performance, and/or contract rate structure or contract maximum obligation.

i) A Bidder unable to offer the exact commodity or service described in this RFR but believing a comparable one can be provided, is encouraged to respond and should fully explain why the substitute commodity or service meets the specifications set forth in this RFR.

j) The qualified provider must maintain an e-mail account capable of handling e-mails and attachments of appropriate size and of accessible formatting type.

k) Bidders are prohibited from communicating directly with any employee of MRC regarding this RFR, except as specified in this RFR; and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the Contact Person(s) for this RFR if this RFR is incomplete or the Bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

16. RFR ATTACHMENTS

This RFR includes additional specifications, as described in the Appendix document. The document includes the sections below:

Appendix A: Required Specifications Appendix B: Electronic Quote Submission Instructions Appendix C: RFR – Other Specifications 16 | Page RFR: MRC VANHOST 10-2021 image2.jpeg image1.png image2.png