RFR_WashDry_Amended 3.30.23~1.pdf
PDF 423 KB Posted
- Solicitation number
- BD-16-1025-DOCFS-FISCM-00000008404
- Issued by
- Suffolk County, Massachusetts
About this file
This document is a Request for Response (RFR) issued by the Massachusetts Department of Correction (DOC) seeking proposals for qualified contractors to submit proposals for the leasing, renting, servicing or outright purchase of washers and dryers for use in correctional institutions. The RFR allows for multiple contract awards and has a rolling enrollment process, meaning the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. The contract term is up to 2 years initially, with 4 options to renew for up to 2 years each, for a total maximum contract duration of 10 years.
The RFR outlines the various acquisition methods available, including lease, lease with option to purchase, rental, and outright purchase. Bidders must submit pricing for the specified commercial grade and coin-operated machines, as well as any additional models they wish to offer. The Department will evaluate offers based on pricing, prompt payment discounts, required documentation, and business references, with a minimum 10% weight on the Supplier Diversity Program (SDP) plan. No federal funds will be used, and the Department makes no guarantee of any purchase volumes under the resulting contract(s).
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Other files
| File | Type | Posted |
|---|---|---|
| Response Sheet No. 1.docx | DOCX document | |
| Response Form A _Checklist.doc | DOC document | |
| sdp-plan-form-2-declaration_3-2015~1.docx | DOCX document | |
| Business_ref_form~3.doc | DOC document | |
| Authorized Signatory List~4.doc | DOC document | |
| standard-contract-frm_3-21-14~2.doc | DOC document | |
| Prompt Pay Discount~18.doc | DOC document | |
| PREA Clearance_acknowledgement.doc | DOC document | |
| sdp-plan-form-1-commitment_3-2015~2.docx | DOCX document | |
| EPP~4.doc | DOC document | |
| commonwealth terms and conditions~4.doc | DOC document | |
| W9 Form 2010~5.doc | DOC document | |
| WTO _Intent to Post Annoucement~2.doc | DOC document |
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Document Sensitivity Level: High during development; Low once published.
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF PUBLIC SAFETY &
SECURITY
DEPARTMENT OF CORRECTION
50 MAPLE STREET, SUITE 3
MILFORD, MA 01757
Request for Response (RFR)
Document Title: Lease, Rentals, Service and Outright Purchases of Washers and Dryers
COMMBUYS Bid#:BD-16-1025-DOCFS-FISCM-00000008404
Agency Document Number: RFR # DOC-2016-Washers/Dryers
Issue Date: 5/10/2016 Amended: 03/30/2023
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 staf fed f rom 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suf folk county holidays.
Table of Contents Page i
1 RFR INTRODUCTION AND GENERAL DESCRIPTION
1.1 Procurement Scope and Description
1.2 Applicable Procurement Law
1.3 Number of awards
1.4 Adding Contractors after initial Contract award
1.5 Eligible Entities
1.6 Acquisition Method(s)
1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract
1.8 Contract Duration
1.9 Estimated Value of the Contract
2 ESTIMATED PROCUREMENT CALENDAR
2.1 Written Question and Answer Process
2.2 Amendment Deadline
3 SPECIFICATIONS
3.1 Specifications
3.2 Fiscal Terms/ Pricing
4 OTHER TERMS
4.1 Department of Correction (DOC) Terms
4.2 Contractor’s Terms and Conditions
4.3 Reporting
4.4 Contract Management
4.5 Change Notification
4.6 Invoices and Payment
4.7 Performance Measures
4.8 Contract Amendments
4.9 Contract Renewal …………………………………………………………………………….. 14
Table of Contents Page ii
5 EVALUATION CRITERIA
5.1.1 Supplier Diversity Plan
5.1.2 Best And Final Offer (BAFO)
6 HOW TO SUBMIT A QUOTE……………………………………………………………………16
6.1 Instructions for submitting a paper Proposal…………………………………………… 19
6.2 Environmental Quote Submission Compliance
7 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS
7.1 General Procurement Information
7.1.1 Executive Order 515, Establishing an Environmental Purchasing Policy………………… 20
7.1.2 Alterations
7.1.3 Ownership of Submitted Quotes
7.1.4 Prohibitions…………………………………………………………………………………………… …21
7.2 Terms and Requirements Pertaining to Awarded Contracts
7.2.1 Contractor’s Contact Information
7.2.2 Publicity
8 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS…………………………………………21
9 APPENDIX 3 - OTHER REQUIRED DEPT. OF CORRECTION SPECIFICATIONS……….27
10 APPENDIX 4 INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF
COMMONWEALTH STANDARD FORMS
11 APPENDIX 5 - GLOSSARY
RFR # DOC-2016-Washers/Dryers / COMMBUYS Bid # BD-16-1025-DOCFS-FISCM-00000008404
1 RFR INTRODUCTION AND GENERAL DESCRIPTION
1.1 Procurement Scope and Description
The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking responses for qualif ied contractors to submit proposals for the leasing, renting, servicing or outright purchase of washers and dryers for use in correctional institutions.
1.2 Applicable Procurement Law
This Bid is issued under the following law(s):
• MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)
1.3 Number of awards
The Department seeks Multiple Contractors. The intent of this RFR is to establish and maintain a list of pre-qualif ied contractors f rom which the Department, facilities located throughout the DOC, and the other Commonwealth Agencies, can select.
1.4 Adding Contractors after initial Contract award
This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting f rom this RFR will expire simultaneously. The Department will not accept new bids that are received less than _6_ months away f rom the maximum and f inal end date of the solicitation.
1.5 Eligible Entities
Any contract resulting f rom this Bid will be open for use to the Issuing Entity (DOC), Department of
Developmental Services, and Department of Mental Health.
1.6 Acquisition Method(s)
• Lease
• Lease with Option to Purchase (Lease/Purchase)
• Outright Purchase
• Rental (short term under 6 months)
• Fee for Service
1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.
All term or other agreements for services entered into during the duration of this contract and whose performance and payment time f rames extend beyond the duration o f this contract shall remain in ef fect for performance and payment purposes (limited to the time f rame and services established per each written agreement). No new agreements for services may be executed af ter the contract has expired.
1.8 Contract Duration
The expected duration of this contract is as follows:
Contract Duration Number of
Options Number of
Years/Months
Initial Duration
Up to 2 years
Renewal Options
4 options to renew, up to 2 years each option
Total Maximum
Contract Duration
10 years
1.9 Estimated Value of the Contract
This Request for Response is being procured in compliance with the World Trade Organization for procurements in which the value over the entire duration of the procurement may exceed $558,000.
This will be a RATE CONTRACT, which will be utilized on an as needed, as requested basis.
Federal Funds will not be used to fund any part of this Contract.
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 .
The Commonwealth and Department make no guarantee that any commodities or services will be purchased f rom any Contract resulting f rom this Bid.
2 ESTIMATED PROCUREMENT CALENDAR
EVENT DATE
Announcement published on Commbuys 4/12/16
Bid / RFR Release Date 5/10/16
Written Questions Opened Upon release of RFR
Deadline for Submission of Bidder Written
Questions 5/24/16 by 2:00 PM EST
Official Answers for Bid Q&A published
(Estimated)
On or around 5/31/16
Bid Amendment Deadline / Bid documents will not be amended after this date.
6/6/16
Initial Deadline for Quotes/Bid Responses
(“Bid Opening Date/Time” in COMMBUYS)
Contract will be rolling enrollment
6/9/16 by 2:00 PM EST
Evaluation of Initial Bid Responses
(Estimated)
June, 2016
Bidder Oral Presentations / Product
Demonstrations
(If Required)
NA
Bidders Pre-Bid Physical Conference N/A
Notification of Apparent Successful Bidder(s)
(Estimated) TBA by Fiscal but ASAP
Negotiations (Estimated) June, 2016
Estimated Contract Start Date 7/1/2016
Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders af ter logging in. If there is a conf lict 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 f or Procurement Calendar updates.
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 f rom the
Purchasing Department, including requests for clarif ication. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Cont ractor’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/f rom the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam f iltering.
2.1 Written questions
The question and answer process provides the opportunity for Bidders to ask written questions and receive written answers f rom the SST regarding this Bid.
Written Questions Must be received by: May 24, 2016 by 2:00 PM EST
Bidders may submit written questions concerning any part or attachment of this RFR to the Strategic
Sourcing Team Leader. Written Inquiries regarding issues outside of the scope of this RFR will not be considered by the SST. The deadline for the submission of written questions is listed above as well as in the Procurement Calendar.
All written questions must be submitted, by the required date and time, to:
SST Leader name: Annmarie Rodrigues SST Leader title: Contract Specialist III E-mail address: Annmarie.Rodrigues@Massmail.state.ma.us
All written inquiries must be submitted via electronic mail (e-mail) only. No other manner of submission will be accepted. Questions must be entered in the body of the e-mail rather than in an attachment. The subject of the e-mail should include the words “RFR # DOC-2016-Washers/Dryers”. The Bidder is responsible for conf irming receipt of its written inquiries with the Strategic Sourcing Team Leader.
It is the Bidder’s responsibility to verify receipt of questions. It is the responsibility of the prospective bidder and awarded Contractor 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 f rom the SST, including requests for clarif ication. The SST 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/f rom the prospective bidder/awarded Contractor and the SST to be lost or rejected by any means including email or spam f iltering.
Written Responses released on COMMBUYS on or about: May 31, 2016
The Bidders’ questions and answers document will be posted to the solicitation site on COMMBUYS.
Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The Department reserves the right not to respond to questions submitted af ter this date.
Bidders are responsible for entering content suitable for public viewing, since all of the questions will be accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inf lammatory, 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 no t 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.
2.2 Amendment Deadline
The SST reserves the right to make amendments to the Bid af ter initial p ublication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modif ications 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 f rom a source other than COMMBUYS.
3 SPECIFICATIONS
Additional required terms appear in the Appendices to this RFR.
3.1 The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking responses for qualif ied contractors to submit proposals for the leasing, renting, servicing or outright purchase of washers and dryers for use in correctional institutions.
The Department may choose any or all services for which a price has been bid for each facility. The
Strategic Sourcing Team reserves the right to add subsequent Contractors to this contract at any time during the life of the contract based upon product availability as deemed necessary and appropria te. The Contractor may provide prices for services to that facility.
Please be advised this RFR will cover various types of equipment to include but not limited to home style, residential, commercial or industrial sized equipment.
Bidders will not be disqualified if they are capable of bidding on one or more of the categories listed below.
This RFR will allow any Department of Correction site to Lease machines on an as needed basis. Lease will be for up to a f ive (5) year period, or as accepted and as negotiated with successful Contractor and the Department.
The Department reserves the right to terminate the Lease at any time during the Lease Agreement, with or without cause, at no penalty to the Department. Such termination will become immediately ef fective at the end of the termination month. (For example, if the Department states that they must terminate the Lease on 7/13/06, the Lease would end 7/31/2006). Contractor shall remove the machines no later than 5 business days of the following month, or as negotiated and as accepted between the Contractor and the D epartment.
All required repairs will be performed by the Contractor at their expense. The Contractor shall maintain each machine in good mechanical condition and working order and shall furnish all parts or other devices required to keep the equipment in good mechanical and working order. Upon receiving the service call f rom the Department, repairs shall be performed no later than 36 hours or as negotiated by the department at time of call.
If the Department has a machine that is constantly or routinely in need of repairs, the Contractor shall replace that machine immediately upon notice by the Department .
It should be noted that the Massachusetts Terms and Conditions and the Terms and Conditions of this RFR supersede any terms and conditions which are referenced on any Contractors’ documents.
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 the performance and payment purposes (limited to the time frame and services established per each written agreement).
• Lease/Purchase
This RFR will allow any Department of Correction site to purchase the machines at the end of the Lease.
Such cost should be identif ied at the start of the Lease. Although the cost should be identif ied at start of Lease, the Department DOES NOT COMMIT to the Purchase of any equipment at that time. The Department WILL ONLY decide at the end of Lease whether they want to purchase the equipment or not.
It should be noted that the Massachusetts Terms and Conditions and the Terms and Conditions of this RFR supersede any terms and conditions which are referenced on any Contractors’ documents.
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 the performance and payment purposes (limited to the time frame and services established
• Rental
This RFR will allow any Department of Correction site to rent machines. Such rental shall be considered short term (usually under 6 months)
All required repairs will be performed by the Contractor at their expense. The Contractor shall maintain each machine in good mechanical condition and working order and shall furnish all parts or other devices required to keep the equipment in good mechanical and working order. Upon receiving the service call f rom the Department, repairs shall be performed no later than 36 hours or as negotiated by the department at time of call.
If the Department has a machine that is constantly or routinely in need of repairs, the Contractor shall replace that machine immediately upon notice by the Department.
It should be noted that the Massachusetts Terms and Conditions and the Terms and Conditions of t his RFR supersede any terms and conditions which are referenced on any Contractors’ documents.
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 the performance and payment purposes (limited to the time frame and services established
This RFR will allow any Department of Correction site to outright purchase machines. Such purchase price will be negotiated and accepted by the Department. Price to include delivery and full installation, or as negotiated.
It should be noted that the Massachusetts Terms and Conditions and the Terms and Conditions of this RFR supersede any terms and conditions which are referenced on any Contractors’ documents.
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 the performance and payment purposes (limited to the time frame and services established
WARRANTY:
Full warranty for parts and labor for a period of 3 years or manufacturer’s warranty, whichever is the greater. This period will begin on date of f inal acceptance signed of f by the Department of Correction indicating that the equipment has been up and running in complete condition for a minimum of 30 days.
• Trade-ins of Department owned Equipment
Contractors may and are encouraged to accept trade-ins f rom the Department. Such trade-ins will be subject to credit as accepted and negotiated between Contractor and Department. There will be no minimum amount of trade-in value established. Such credits will be applied towards a Department’s Lease, Lease/Purchase, Rental or Outright Purchase. No cash value for trade-ins will be allowed, unless accepted by the Department. In such a case, the cash value shall be submitted to the Department v ia a check f rom the Contractor made out to the
“Commonwealth of Massachusetts”.
This RFR will allow any Department of Correction facility to process payment for service. Billable service will only be for machines which are owned by the Department. Therefore, this RFR allows the Department to utilize the
Contractor for service and for parts, as needed/requested, for machines which they own. Contractor must obtain a valid purchase order number at time of service call. The Department may not process payment for any work performed without a valid purchase order number.
Upon receiving the service call f rom the Department, repairs shall be performed no later than 36 hours or as negotiated and accepted by the Department at time of call.
Type of Machines:
The brand names and models listed below are for reference information. “Or equal” is accepted. All bidders must submit manufacturer specif ications whether they are bidding on the brand names and models listed below or whether they are bidding “on equals”.
The following are some types which will be used in the Contract. These machines or equal are intended to be a part of this RFR, along with other models which can be negotiated with successful bidder. For evaluation purposes, the following machines will be used.
Commercial Grade Machines
• Speed Queen Washer SWT021 (60 Hz) Stainless Steal tub (2.5 cubic feet capacity)
Wash function with normal and gentle cycles
• Speed Queen Dryer SSE007 (Electric) 18 lb capacity (7.1 cubic feet capacity.)
High air f low capacity (214 C.F.M) Large door opening (2.06 cubic feet)
▪ Speed Queen Dryer SDG009 (Gas) 18 lb capacity (7.1 cubic feet capacity) High air f low capacity (214 C.F.M)
Large door opening (2.06 cubic feet)
Coin Operated Machines:
Coin operated may be applicable, if requested by the Department. For evaluation purpose, bidder’s quotes must reference non-coin operated.
When a commodity purchase or purchase of service is required, the department reserves the right to request quotes f rom one or any number of Contractors. Contractor quotes must be better or equal to their contract mark -up costs or labor rates on the original response. Depending on the complexity of the request, the department may accept verbal quotes or may require written quotes. In addition, site visits may be required. The Department, at that time, will determine the quote submission deadline. The Department would then establish individual purchases of service or commodities with one selected contractor.
Notice: Changes and adjustments/amendments to the contract may occur during performance if seen necessary by the department and only as approved by the PTL of this contract.
Contract Expansion: The Department reserves the right to include, amend or negotiate any additional commodities or services to this existing contract in which the successful bidder(s) offers, when necessary, and only as approved by the SST or STL of this contract, without having to conduct a separate competitive procurement.
3.2 Fiscal Terms / Pricing
The acquisition method(s) to acquire goods and/or services f rom this Sol icitation are:
• Lease with Option to Purchase (Lease/Purchase)
• Rental (short term under 6 months)
Compensation will be based solely on the pricing information provided by the bidder and accepted by the Department.
Bidders responding to this RFR must complete and return: Response Sheet 1.
Any negotiated prices and discounts for subsequent options to renew time periods will be f irm for the entire time period of the renewal option.
The Department is looking for the “Best Value” response, which is timely, which support s the required performance outcomes, and which provides the greatest quant ity of services at the highest quality.
The Commonwealth and Department make no guarantee that any commodities or services will be purchased f rom any Contract resulting f rom this Bid.
4 OTHER TERMS
4.1 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 Cont ractor 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 ef fort to return, upon notice by the Department, to perform the scheduled service. In no case, shall the Department be charged fo r 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. Exceptions must have prior approval. Background checks will be completed for individuals performing any work inside DOC facilities under this contract and at any time during this contract. Upon request by the DOC, the contractor will provide the DOC with specif ic information to be used to complete background checks. Personnel shall be subject to the provisions of 103 DOC 225, Professional Boundaries Policy; specif ically the dress code requirements stated in 103 DOC 225.03(8). Body piercing and tattoos that pose security risks shall not be allowed. The possession or use of any tobacco products are prohibited on Department property.
DOC Rules and Regulations: 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 f rom that facility. 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.
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 ef forts, 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 staf f 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). Specif ically, the Contractor shall comply with all Department policies and p rocedures and shall develop and implement protocols that are consistent and in accordance with the Department’s current and future policies regarding staf f 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, ACA, and/or any other entity.
Before hiring or promoting employees who may have contact with inmates, the Co ntractor, as an extension of the DOC, shall abide by § 115.17 Hiring and promotion decisions.
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 conf idential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, of f icers of employees in the course of performing Contract work, including, but no t limited to, security procedures, business operations information, personally identif iable information, or commercial proprietary information in the possession of the Department of Correction.
4.2 Contractor’s 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 v endor 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.
4.3 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.
4.4 Contract Management
The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Department’s Contract Manager.
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 f rom communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specif ied in this RFR, and no other Department employee or representative is authorized to provide any information or respond to any question or inquiry concerning 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 primary end users of the services and products of the contract are representatives f rom the Department’s Special Operations Division and Off ice of Investigative Services.
Contract Manager: Contract Monitor:
Brian Kearnan Annmarie Rodrigues Brian.Kearnan@MassMail.State.MA.US 508-422-3665
AnnMarie.Rodrigues@MassMail.State.MA.US
4.5 Change notification
Changes to the Contractor’s contact information, company name, legal address, payment address, tax identif ication number, authorized signatories, SDO-certif ication 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 ef fect the change.
Any change of address, including remit address, requires immediate written notif ication 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 “f rom” and “to.” If written notif ication is not received changes cannot be done; therefore any payments will be sent to the address which is currently on f ile and with no late penalty to the Commonwealth.
4.6 Invoices and Payment
Itemized invoices shall be sent to the proper of f ice by the Contractor no later than 30 days af ter completion of services or receipt of goods. The Contractor’s invo ices at a minimum shall include the following:
o Name and address of Contractor o Telephone number, fax number, and e-mail contact address o Date of invoice and date of delivery o Name of Department contact person o Prompt payment discount terms o Valid Department of Correction 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 ef f icient 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 Off ice of the Comptroller's Bill Paying Policy.
Prompt Payment Discounts
Contractors are required to of fer prompt payment discounts terms to the Department. Preference or additional points may be given for reasonable of fers. If the Contractor of fers 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 f iscal of f ice or the date of work completion/order receipt, whichever is greater.
Justified Credits
Written credits will be issued to the f iscal of f ice 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 f rom the Department.
The Department makes no guarantee that any services will be purchased f rom any contract resulting f rom this RFR.
The contract resulting form 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.
4.7 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 contrac t. Purchasers may be surveyed as to their satisfaction with the contracto r’s performance under the contract. Contractor performance will also be evaluated based on the number of complaints received f rom 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.
Performance evaluations will be a part of this contract. The Department may evaluate the contractor’s performance at any time. Poor performance evaluations may result in immediate termination of the contract. In said case of termination, the right is reserved to of fer the remaining duration of this contract (including renewals) to an original bidder who was not chosen. Said contractor would be under the same obligations and requirements of this contract at either their original bid rate or a negotiated rate approved by the STL. Poor performance may also be a concern and consideration when evaluating the renewal extension options.
4.8 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 specif ications of this RFR. The Department reserves the right to negotiate and execute contract amendments wi th the contractor(s) which the Department determines are necessary to result in the intent of this RFR, to amend the specif ications 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.
4.9 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 of fer. Contract renewal is contingent upon the Contractor’s ability to perform contractual obligations.
5 EVALUATION CRITERIA
Bidder scores will be used to rank Bidders and will determine which B idders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Department to receive a Contract award.
The Department is looking for the “best value” response which provides the greatest quantify of services at the highest quality.
Below are the criteria and maximum points available:
Criteria; Maximum Points Available
Pricing 20
Prompt Payment Discount 20
Required Documentation/Specif ications 20
Business Reference 20
Subtotal: 80
Supplier Diversity Plan: (minimum of 10% weight) 15
Total: 95
Added Value: (Up to 5 possible points each added value)
Added Value is determined solely by the Strategic Sourcing Team (SST). Added Value is discretionary. Added Value could be anything in their proposal that the bidder includes, that in the view of the SST, is above and beyond the requirements of the RFR, which the SST determines to be an additional “plus”, and worthy of additional points. The SST determines the number of added value points on a case by case basis.
5.1.1 Supplier Diversity Plan (minimum of 10% weight)
Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 9. Pursuant to Op erational Services Division policy, the
Bidders SDP must be evaluated at least a minimum of 10% of the total evaluation.
5.1.2 Best and Final Offer (BAFO)
Af ter the deadline for response submission, the department reserves the right to extend a Best and
Final Of fer opportunity to all or a select number of bidders. Bidders may be asked to submit additional information specif ic to program specif ications and cost.
6 HOW TO SUBMIT A PROPOSAL AND QUOTE
Bid Response Method
Online Bid Submission via COMMBUYS is required. All bids will require the submission of electronic quotes.
Responses must be sent via the “Create Quote” functionality in COMMBUYS.
Instructions for Vendors Responding to Bids in COMMBUYS:
Bidders will be required to respond electronically in COMMBUYS.
Introduction
COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Reques ts for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”
Steps for Bidders to Submit a Quote
1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.
2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller
Administrator, who is responsible for maintaining authorized user access to COMMBUYS.
3. Upon successful login, the Vendor home page displays with the Navig ation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.
4. Click on the Bids tab
5. Clicking on the Bid tab opens four sections:
a. Request for Revision
b. Bids/Bid Amendments
c. Open Bids
d. Closed Bids
6. Click on the blue Open Bid hyperlinks to open and review an open bid
7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.
8. Af ter acknowledgement, the bid will open.
The top lef t half of the page contains the following information:
a. Purchaser
b. Department
c. Contact for this bid
d. Type of purchase
i. Open Market
ii. Blanket
e. Pre-Bid Conference details (if applicable)
f. Ship-to and Bill-to addresses
g. Any attachments to the bid, which may include essential bid terms, response forms, etc.
The top right half of the bid includes the following information:
h. Bid Date
i. Required Date
j. Bid Opening Date – date the bid closes and no further quotes will be accepted
k. Informal Bid Flag
l. Date goods/services are required
9. The lower half of the page provides information about the specif ic goods/servic es the bid is requesting.
10. Click Create Quote to begin.
11. The General tab for a new quote opens. This page is populated with some information f rom the bid.
Fields available to update include:
a. Delivery days
b. Shipping terms
c. Ship via terms
d. If “no” bid – select if you will not be submitting a quote for this bid
e. Promised Date
f. Info Contact
g. Comments
h. Discount Percent
i. Freight Terms
j. Payment Terms
It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you f rom altering these terms in your response. Read the bid documents carefully and f ill in only those items that are applicable to the bid to which you are responding.
Update these f ields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.
12. The page ref reshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.
13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.
14. The item opens. Input all of your quote information and click Save & Exit.
15. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. Af ter uploading each individual f ile or form, click Save & Continue. Af ter you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.
16. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid.
The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identif ied here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid . For instance, an RFR may specify that exceptions may or will result in disqualif ication of your bid.
17. Click the Summary tab. Review the information and update/correct, as needed . If the information is correct, click the Submit Quote button at the bottom of the page.
18. A popup window displays asking for verif ication that you wish to submit your quote. Click OK to submit the quote.
19. The Summary tab redisplays with an updated Status for the quote of Submitted.
20. Your quote submission is conf irmed only when you receive a conf irmation email f rom COMMBUYS. If you have submitted a quote and have not received an email conf irmation, please contact the
COMMBUYS Help Desk at COMMBUYS@state.ma.us.
If you wish to revise or delete a quote af ter submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior t o the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.
Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.
Note to Bidders:
A) Bidders must enter a unit cost or check no charge if no specif ic dollar amount is required for the quote. Bidders submitting quotes with “No Bid” checked in the item screen will not be eligib le to enter into a contract with DOC. “No Charge” must be checked or a dollar amount entered in the Unit
Cost Field. The “No Charge” selection will not be construed by the Purchaser to mean an of fer to provide services or products at no charge.
B) To protect security-sensitive and personally identif iable information, bidders must designate specif ic attachments as “confidential” prior to submitting their quotes.
COMMBUYS Support
Technical assistance is available during the procurement process. Every ef fort is made to respond to inquiries within one business day.
Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link of fered under Key Resources.
Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us
Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staf fed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight t ime, as applicable, except on federal and state holidays.
Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notif ied.
6.1 INTRUCTIONS FOR SUBMITTING A PAPER PROPOSAL– Bidders must also submit their response in a sealed envelope that is clearly marked with the RFR reference number “RFR # 16-DOC-9043- WASHDRY no later than June 9, 2016 by 2:00 pm, to the following address:
Massachusetts Department of Correction - Headquarters 50 Maple Street, Suite 3
Milford, MA 01757 Attention: Annmarie Rodrigues
E-Mail: AnnMarie.Rodrigues@MassMail.State.MA.US
Quotes must be submitted in a sealed envelope and include one (1) original signed copy and (4) duplicate copies.
The Department of Correction requires that the original submission contain “wet ink” signatures.
Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualif ied as unresponsive.
Any submission which fails to meet the submission requirements of the RFR may be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the bidder to make minor corrections to the submission.
Initial Bid Opening Date/Time (aka Deadline for Proposals) Responses are due no later than June 9, 2016 by 2:00PM EST to the address listed above.
Contract will be rolling enrollment.
Bidders must be aware that the Department of Correction Headquarters, located in Milford MA, is a secure building. Bidders will be required to produce and surrender photo identif ication to security personnel at the main desk for a visitors pass to the building. Upon leaving the building, Bidder personnel must surrender the visitors pass and reacquire their photo identif ication. Failure to comply with or any attempt to circumvent these security measures will result in non-admittance to the property.
Please keep these security requirements in mind when considering the “hand delivery” of your response to Department of Correction Headquarters. Notif ication must be made in advance with the SST leader if you are considering hand delivery as packages are not allowed to be lef t at the main desk.
All incoming mail and delivered mail (e.g., FedEx and UPS) is screened f irst by the Department of Correction. Please keep these security processes in mind when mailing or having responses delivered by a delivery company.
6.2 Environmental Quote Submission Compliance.
In an ef fort to promote greater use of recycled and environmentally preferable products and minimize waste, all Quotes submitted should comply with the following guidelines:
• All copies should be printed double sided.
• All submittals and copies should be printed on recycled paper with a minimum post -consumer content of 30% or on tree-f ree paper (i.e. paper made f rom raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the
Quote.
• Unless absolutely necessary, all Quotes and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves and
GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.
• Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.
• Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their Quotes are made with recycled materials.
• Unnecessary samples, attachments or documents not specif ically asked for should not be submitted.
7 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS
7.1 General Procurement Information
7.1.1 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 specif ications 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 EO or the appropriate specif ications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp
7.1.2 Alterations
Bidders may not alter (manually or electronically) the Bid language or any Bid component f iles, except as directed in the RFR. Modif ications to the body of the Bid, specif ications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.
7.1.3 Ownership of Submitted Quotes
The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of
Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or conf igurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.
Quotes stored on COMMBUYS in the encrypted lock-box are the f ile of record.
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