RFR159043DRINKH20~1.doc

The Commonwealth of Massachusetts

Department of Correction

Administrative Services – Concord Office P.O. Box 9125

Concord, MA 01742-9125 978-405-6600 (tel)

978-405-6659 (fax)

This is a Request for Response (RFR).

Please review this RFR document and its attachments and note the following procurement calendar. These dates are subject to change.

Any amendments to this RFR will be published on COMMBUYS (www.commbuys.com) and it is the responsibility of the bidder to become aware of any changes, modifications or updates.

We look forward to your participation in this procurement.

The Commonwealth of Massachusetts Department of Correction

Administrative Services – Concord Office Request for Response

15-9043-DRINKH2O

Don Staffiere/Acting Fiscal Director Procurement Team Leader

Procuring Department:

Department of Correction Procuring Unit:

Administrative Services – Concord Office Mailing Address:

965 Elm Street, Building. #26, Concord, MA 01742 Procurement Team Leader (PTL):

Don Staffiere Telephone Number:

978 405-6600 Fax Number:

978 405-6659 E-Mail:

DRStaffiere@doc.state.ma.us RFR File Name/Title:

Provide quality analysis of drinking water RFR File Number:

15-9043-DRINKH2O

Procurement Category:

Facility Materials, Repairs and Operations

1. Brief Description/Purpose Of Procurement and Location(s):

The intent of this RFR is to provide quality analysis of drinking water. Provide reagents and related equipment for testing drinking water. Provide preventative maintenance, parts and service of equipment required to pump ground water for drinking. Making repairs to the well water supply lines, storage and pumps. All analyses, tests, reagents, related equipment, repairs, maintenance and services are on an as requested, as needed basis.

This procurement/contract will cover all departments and facilities within the Massachusetts Department of Correction (also see section 4).

2. Acquisition Method:

Fee for Service

Outright Purchase(s)

3. Whether Single Or Multiple Contractors Are Required for Contract:

This procurement is “Rolling Enrollment” which means that throughout the life of the contract, the procurement team leader, at his/her discretion may add new contractors.

4. Whether Single Or Multiple Departments Will Be Able To Use:

This RFR is being procured as a “Single Department Procurement/Multiple Department User Contract”

Any and all sites of the Massachusetts Department of Correction are covered under this contract. Although it is highly encouraged and desired that a bidder submit a response for Regions in their entirety, a bidder will not be disqualified if they only bid on one or some or split-regions. Although the executed Massachusetts Standard Contract Form on file with the procuring department covers any facility, site or fiscal unit of the Massachusetts Department of Correction, we reserve the right to request that the contractor(s) execute individual contracts if seen necessary.

In addition, it also allows other Massachusetts Departments/Divisions to piggy-back this contract. The PTL of this contract reserves the right to receive, review and approve requests from other Massachusetts Departments/Divisions to "piggy-back" this contract.

Other Departments, divisions or Commonwealth agencies who wish to use this contract must submit their request in writing to the Procurement Team Leader (PTL) via Email. If the PTL approves the request, the requesting department will be added to the Master Agreement on MMARS (when applicable).

5. Expected Duration Of Contract (Initial Duration and any Options to Renew):

Initial Duration:

Up to two (2) years Renewal Options:

Three options to renew, each option is for up to two years Contractor performance will be a consideration in determining whether to extend/renew their contract.

Anticipated Start Date:

September 11, 2014

6. Anticipated Expenditures, Funding Or Compensation:

The Commonwealth makes no guarantee that any Commodity or Service will be purchased from any Contract resulting from this RFR. Any estimates or past procurement volumes are only for the convenience of the bidders, and are not to be relied upon as any indication of future purchase levels.

This will be a RATE CONTRACT, which will be utilized on an as needed, as requested basis.

Federal Funds may be used to fund any part of this Contract.

7. Business Specifications:

The intent of this RFR is to execute a pre-approved multi-vendor contract that will enable us to purchase goods and services that ensure the quality of drinking water for Massachusetts Department of Correction facilities, which is not available on current statewide contracts.

A. Provide Quality analysis of drinking water.

B. Provide reagents and related equipment for testing drinking water

C. Provide preventative maintenance, parts and service of equipment required to pump ground water for drinking, D. Make repairs to the well water supply lines, storage and pumps.

The intent of this RFR is to award this to multiple contractors. All analyses, tests reagents, related equipment, repairs, maintenance and services are on an as requested, as needed basis.

When a commodity purchase or purchase of service is required, the department reserves the right to request quotes from 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 PTL of this contract, without having to conduct a separate competitive procurement.

7.1 Supplier Diversity Plan (SDP) Plan

The Procurement Management Team (PMT) requires bidders to make a significant commitment to partner with certified Minority-Owned and Women-Owned Businesses (M/WBEs) in order to be awarded a contract. A bidder that is certified by the Supplier Diversity Office formerly known as the State Office of Minority and Women Business Assistance (SOMWBA)may not list itself as being an Supplier Diversity Plan Partner to its own company. In addition, a narrative statement can be included to supplement the SDP Plan Form providing further details of the SDP commitments. The submission of this narrative statement does not replace the requirement of the SDP Plan Form. Bidders must submit one form for each M/WBE SDP relationship. Please note that for large procurements over $150,000, no bidder will be awarded a contract unless it agrees to commit to at least one (1) of the following (3) SDP components:

1. Subcontracting: If a bidder commits to Subcontracting in its SDP plan, then it must commit to subcontract a specific dollar amount, or a minimum percentage of dollars earned through an awarded contract, with a Supplier Diversity Office certified company. Although this is only one of several options to meet the requirements for participation in the Supplier Diversity Plan, the bidder’s submission of subcontracting commitments may be weighted most heavily by the PMT. Please note that all subcontracting partnerships require inclusion of the contract between the bidder and the M/WBE subcontractor in the bidder’s bid package.

2. Growth and Development: If a bidder commits to Growth and Development in its SDP plan, then it must submit a plan for education, training, mentoring, resource sharing, joint activities, and assistance that would increase industry capacity and the pool of qualified Supplier Diversity Office certified companies.

3. Ancillary Use of Certified M/WBE Firms: If a bidder commits to Ancillary Use of Certified M/WBE Firms in its SDP plan, then it must include the dollar or percentage expenditure commitments for use of these firm(s) with the use of written commitments between the bidder and the M/WBE Firms(s). A description of the ancillary uses of the Certified M/WBEs, must be included on the SDP Plan Form.

Contractors may be required to submit progress reports to confirm their SDP expenditures for the purpose of compliance and for tracking their submitted commitments. Only actual dollars expended by contractors will be counted towards the commitment. Said reports will be received within 10 business days upon request. Supplier Diversity Office M/WBE certificates must be provided with each report for the Supplier Diversity Office -certified M/WBEs named in the report. Contractors must be prepared and able to submit acceptable documentation of expenditures (receipts, account statements, subcontracting agreements, etc.) when requested to do so by the Department Contract Manager at any time during the duration of the contract.

Bidders that fail to meet their SDP commitments may be required to pay a penalty equal to the value of the unmet portion of the SDP commitment. The Department reserves the right to freeze fiscal purchases or payments until such penalty is paid in full. Payments will be made in the form of checks payable to the Commonwealth of Massachusetts or as otherwise specified by the Department Contract Manager. Continued non-compliance may result in the contractor being suspended or removed from the contract.

All Bidders that select Growth and Development as their M/WBE SDP business relationship may be required to submit a narrative report providing further details and current progress towards meeting the SDP commitment if requested to do so by the Department Contract Manager. Non-compliance with Growth and Development SDP commitments may result in the contractor being suspended or removed from the contract.

7.2. Environmentally Preferable Products:

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products.

7.3. Contract Performance Evaluation:

PTL:

The “PTL” (Procurement Team Leader) is the Commonwealth employee who is responsible for the overall performance and accountability of this contract.

Contract Manager:

A Commonwealth employee assigned by the PTL who will be responsible to manage the contract performance. This individual will be responsible for directly communicating any concerns to the account manager. In addition, the contract manager will be responsible for on-going performance evaluations in accordance with the measures listed below. Any concerns or un-addressed issues will be brought directly to the attention of the PTL for resolution.

Account Manager:

It will be required that the contractor assign a single point of contact, but it will be acceptable for an account manager to be assigned by region, when applicable. An account manager is an assigned contractor employee who will manage this contract. This individual will be the main contact person for all issues of this contract; including, but not limited to, service schedules, repairs, deliveries, reports/data, and invoicing. The contractor must submit written notification to the PTL at least 30 days in advance of any change of their account manager(s).

Contractors will be measured and evaluated based on the following performance criteria; to include, but not limited to:

Product quality and/or

Service quality Results of user department surveys or other department verbal or written comments to the PTL

The contractor’s account manager is encouraged to write periodic memoranda to the PTL to also document the contract’s performance.

It is highly encouraged that all DOC facilities, sites and fiscal units using this contract direct any written comments, at any time during this contract, to the PTL of this contract. Without comments, it will be assumed that the contractor is meeting all requirements and obligations.

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 offer 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 PTL. Poor performance may also be a concern and consideration when evaluating the renewal extension options.

8. Evaluation Process and Criteria:

Evaluations may be based on the following:

· Pricing

· SDP plan

· Environmentally Preferable Products/Services

· Prompt Payment Discount

· Business References

· M/WBE Bidder

· Added Value

Note: An example of added value is an Alternative Option Plan. Additional points may be given to bidders who respond to our request AND indicate an alternative option plan AND that is accepted by the department that would result in a better valued contract, upon approval of the procurement team leader. In this case, the alternative plan would be considered as part of this contract. Although a bidder may submit an alternative, a response to the RFR’s original specifications is also required.

Bidders must submit responses that meet the requirement of this RFR. Responsive proposal that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes. Unless otherwise required, additional information must be submitted within 5 business days upon the department’s request.

The evaluation criteria is designed to select the proposal that offers the best value to the department.

Below are the criteria and maximum points available:

Criteria Maximum Points Available

Pricing

SDP Plan

Environmentally Preferable Products/Services

Prompt Payment Discount

Business References

TOTAL

Added Value 5 pts for each viable option

9. Procurement Calendar:

Written Questions can be addressed to the PTL by faxing them clearly marked on bidder’s letterhead with the RFR number, to fax # 978-405-6659. Faxed questions must be received no later than 08/13/2014 at 2:00 P.M.. The department takes no responsibility for written questions that have not been successfully received. Bidders may call 978-405-6600 ext. 695 to confirm receipt.

Written Responses. Written responses to these questions are intended to be published on COMMBUYS no later than 08/19/2014 at 5:00 p.m. Written questions received after the deadline may not be considered. The written responses will be an attachment to the procurement. It is the bidder’s responsibility to download this file.

Response Packages

MUST BE RECEIVED NO LATER THAN:

DATE: 09/03/2014

TIME: 2:00 P.M. Eastern Time

Fax responses will not be accepted.

Sealed responses will be received at the address listed below in a sealed envelope, which should be clearly marked with the bidder’s name and RFR #.

Department of Correction, Administrative Services – Concord Office 965 Elm Street, Building #26

P.O. Box 9125

Concord, MA 01742-9125

RFR#: 15-9043-DRINKH2O

ONE(1) ORIGINAL RESPONSE PACKAGE is required to be completed, signed, dated and received by the deadline. Originals can be typed or printed BUT Signatures AND Dates should be handwritten in PEN on all forms. Do not type or stamp signatures and dates.

Award will not be determined at bid opening.

Note: All responses and related procurement documents submitted, or presented, as part of an RFR shall become the property of the Commonwealth of Massachusetts. The Commonwealth is under no obligation to return any responses or materials submitted by a bidder in response to this RFR.

Any submission which fails to meet the submission requirements of this RFR will be found non-responsive without further evaluation unless the procurement team leader, at his/her discretion, determines that the non-compliance can be corrected, time allows, and that it would be in the best interest of the Commonwealth. In such, the procurement team leader may allow the bidder(s) to make necessary corrections to the submission or allow additional time to submit required forms.

Best and Final Offer (BAFO)

After the deadline for response submission, the Department reserves the right to extend a Best and Final Offer Opportunity to all or a select number of bidders. Bidders may be asked to submit additional information specific to program specifications and cost.

10. Required Forms

Do not feel overwhelmed with the required forms; but make certain that you include all these completed forms to be considered responsive to this RFR. If you need any assistance, please feel free to call us at 978 405-6635 and we will help you along.

The Standard Forms referenced below can be found on the COMMBUYS website at www.commbuys.com under the link entitled 'Attachments'. If a Bidder should encounter difficulty in locating or downloading any of these forms, please contact the Commbuys Helpdesk at 1-888-627-8283.

· Contractor Authorized Signature Verification Form

This form’s purpose is to identify and verify that the person whom is signing the contract on behalf of the bidder is authorized to do.

If the bidder is a corporation or partnership or other business entity, complete the form as indicated making sure to provide the required authorization (e.g. Corporation's Articles of Incorporation, Secretary of the Corporation's Certificate, etc.). This form is considered incomplete if it only has been notarized. Please read the form carefully, or call us at 978 405-6600 for assistance.

If the Bidder is an individual, they may have their signature notarized, or they may attach a copy of their driver's license, or other valid identification that contains an example of their signature.

THE AUTHORIZED PERSON WHO SIGNS THIS FORM IS THE PERSON WHO SHOULD SIGN ALL FORMS IN THIS PACKAGE. If more than one individual signs the Standard Forms (e.g. one person signs the Massachusetts Substitute W-9 and another signs the Commonwealth Terms and Conditions), then they should complete a Contractor Authorized Signature Verification Form for both individuals.

· Standard Contract Form This is a required form. All Bidders must be prepared to execute a Standard Contract Form prior to Contract execution. Failure to return a completed and executed Standard Contract Form may disqualify the Bidder’s response. By executing the Standard Contract Form, the Contractor certifies under the pains and penalties of perjury that it has submitted a response to this Request for Response (RFR) that is the Contractor’s offer as evidenced by the execution by the Contractor’s authorized signatory, that the Contract’s response may be subject to negotiation, and that the terms of the RFR, the Contractor’s response and any negotiated terms shall be deemed accepted and included as part of the Contract upon execution of the Standard Contract Form by the Commonwealth’s authorized signatory.

· Commonwealth Terms & Conditions All bidders must complete, execute and return the Commonwealth Terms and Conditions. Complete all blanks and required information fully and accurately. This form must be executed without modification.

· MA W-9 Form This form must be executed without modification. Please ensure that the legal address listed on the Commonwealth Terms and Conditions is the same legal address indicated on this form.

· Authorization for Electronic Payment Form

All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both Contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to Contractors and saves both parties the cost of processing checks. If the Bidder is already enrolled in the program, the bidder should indicate this enrollment in its response.

· Supplier Diversity Form Pursuant to Executive Order 524, any contract with a potential financial benefit of $150,000.00 or more requires a bidder to complete applicable section of this form and include the required attachments for consideration in the scoring of the submission for any contract opportunity with the Commonwealth of Massachusetts.

· Business Reference Form Bidders must submit two (2) references.

· Response Sheets

The response sheets that are located within this RFR document are required.

· Certificates of Insurance

Provide copies with response.

*Bodily Injury

*Property Damage

· Business Cards Please enclose two (2) business cards of both the account manager and the authorized signatory.

Any submission which fails to meet the submission requirements of this RFR will be found non-responsive without further evaluation unless the procurement team leader, at his/her discretion, determines that the non-compliance can be corrected, time allows, and that it would be in the best interest of the Commonwealth. In such, the procurement team leader may allow the bidder(s) to make necessary corrections to the submission or allow additional time to submit required forms.

Department of Correction Fiscal Departments

There are three Fiscal Units. Each of which is responsible for specific facilities. The following are the fiscal units:

(M)

Administrative Services – Milford Office

50 Maple Street – Suite 3

Milford, MA 01757

(508)422-3319 tel

(508)422-3383 fax (C)

Administrative Services – Concord Office

P.O. Box 9125

Concord, MA 01742

(978)405-6600

(978)405-6659 fax

The letters (M) (C) are used to cross-reference the following facilities that fall under their jurisdiction:

REGION 1

Bridgewater State Hospital, Bridgewater (M)

Mass. Alcohol and Substance Abuse Center (M)

Massachusetts Treatment Center, Bridgewater (M)

OCCC-Minimum Unit, Bridgewater (M)

Old Colony Correctional Center, Bridgewater (M)

Southeastern Correctional Center, Bridgewater (M)

REGION 2

MCI Cedar Junction, Walpole (C)

MCI Norfolk, Norfolk (C)

Bay State Correctional Center, Norfolk (M)

Pondville Correctional Center, Norfolk (M)

Milford Headquarters, Milford (M)

Mass Correctional Industries, Norfolk (M)

REGION 3

MCI Concord, Concord (C)

MCI Framingham, Framingham (C)

Northeastern Correctional Center, Concord (C)

South Middlesex Correctional Center, Framingham (M)

REGION 4

Boston Pre Release, Boston (M)

Park Drive Pre Release, Boston (M)

REGION 5

MCI Shirley, Shirley (C)

North Central Correctional Institution, Gardner (C)

Souza-Baranowski Correctional Center, Shirley (C)

REGION 6

MCI Plymouth, Plymouth (M)

Massachusetts Department of Correction security requirements:

Department of Corrections Requirements

All bidders wishing to provide services to the Commonwealth’s Department of Correction must agree to all security requirements up to and including the following rules and regulations.

Department of Correction Rules and Regulations It must be fully understood by the bidders/contractors that the Department of Correction (DOC) 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 driver, technician or any other contractor employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Background checks will be completed for individuals performing any work under this contract that requires their entrance into DOC facilities and at any time during the duration of this contract. Upon request by the DOC, the contractor will provide the Department of Correction with specific information to be used to complete background checks. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds.

Service Schedules (Dates and Times)

All visits to facilities must be scheduled. Contractors will work with each of their contracted facilities in order to negotiate a schedule for both dates and times for service. Contractors must ensure that individuals scheduled to enter the facility have already been pre-approved and cleared. Contractors must be fully aware of the approved date and time schedules and must adhere to them to avoid a prolonged waiting time. Any expense or fee resulting from prolonged waiting times will not be charged to the Department of Correction. The DOC will not process nor is responsible for any such expenses. In addition, there may be times when a contractor (at no fault of theirs) will not be let into the facility possible due to security issues. When this occurs, the contractor may have to wait or may have to re-schedule the service. The contactor shall make every attempt to re-schedule within the same day but only as accepted by the facility. In said case the DOC will not be responsible for processing any payment for any expense incurred by the contractor. Any change of schedule must be pre-approved, in writing, by the representing fiscal department of said facility.

Contractor Tools and Equipment

Any and all tools and equipment brought into the facility shall require prior approval. All tools and equipment will be inventoried upon entrance and exiting of the facility by the front entrance office. Only those tools and equipment necessary shall be allowed inside the institution.

Deliveries Each facility has procedures to minimize or eliminate when possible the instances of split loads entering the institution. The contractor shall adhere to the institutional procedures.

Applicable Policies:

The Department of Correction policies are routinely reviewed and are subject to change. It is the contractor’s responsibility to monitor the policies. The policies can be accessed on the Commonwealth of Massachusetts Website: www.mass.gov (select find a State Agency choose the Department of Correction, reference the section Research and Statistics and select DOC Policies.

· Visiting Policy CMR 483

· Professional Boundaries Policy DOC 225 The Prison Rape Elimination Act (PREA)

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

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

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

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

Prevention Planning:

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

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

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

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

Exempt from Mandatory Requirements The PTL may, on certain/limited occasions, approve a bidder to be exempt from a mandatory requirement and that said bidder would still be considered responsive to this RFR. If a bidder requests to be exempt from a mandatory requirement of this RFR (e.g., bidder’s conference, site visit, etc.) but still wants to be considered responsive to this RFR, the bidder must have written approval from the PTL (or his/her designee) of this RFR. The PTL has the right to approve or deny such request. The bidder must fax a detailed justification request to the PTL of this contract at least three (3) days before said requirement. If the request is approved, said written approval must be attached to the bidder’s response. The bidder assumes full responsibility of their absence. The department will not be required to furnish copies of the minutes, verbal questions, answers, etc. to that bidder. Said bidder will be responsible for their response.

Warranty Unless otherwise specified or negotiated and accepted by both the successful bidder and the department, this contract will assume the following warranty. All work, materials and labor performed under this contract shall be guaranteed to the owner by the contractor for a period of five (5) years (or the manufacturer’s warranty, whichever is greater) from the date of final acceptance. Final acceptance date is 30 days after delivery and performance and the department is completely satisfied of the operation and performance. In addition, the contractor shall pay for freight charges for all items that are returned under warranty.

Return Policy The bidder must include their written return policy with their written response. Replacements will be delivered as in accordance with the department’s request. If no return policy is specified and therefore accepted as part of this contract, this contract will assume that the department can return items to the contractor for up to one year for full refund. In addition, there will be no charge for returns, e.g., freight, re-stocking, etc.

Shipping or Freight or Delivery or Handling or Fuel Charges, etc. Delivery will be F.O.B. destination with no shipping, freight, delivery, handling, fuel charges or any other like charges to be paid by users of this contract. Bidders/Contractors must respond accordingly. Payment for these expenses will not be processed under this contract and the invoice will be held for payment without penalty until a credit is received.

Per mile charges (mileage), or minimum charges Unless otherwise accepted and pre-approved (with bidder response) by the PTL of this contract, per mile charges (mileage), or minimum charges are not and will not be accepted. Any charge that is not accepted as part of this contract will not be processed for payment. Labor time will begin when the contractor has arrived at the facility and will end when the contractor leaves the facility. Contractors are required to obtain department employee signatures on all work orders. Said work orders must include date and time of arrival and departure. If they do not for some reason, the department reserves the right to dispute a questionable invoice and the department may verify the exact time via the department employee’s verbal or written verification. The contractor shall then credit the invoice and accurately re-bill the department within five (5) business days.

Timely Deliveries or Work Completion Deliveries and work will be completed in a timely manner. Timely manner duration will be established by the requesting facility. Complaints received by the department users of this contract to the PTL of this contract may result in immediate termination of the contract for that particular contractor.

Order Receipt and/or Work Completion Receipt The contractor is required to obtain department employee signatures as verification of shipment and/or work completion. It is highly encouraged that a copy of said document is attached to the vendor’s invoice in order to assist verification of receipt in the accounts payable department. Order receipts shall include origin of shipment, destination, PO#, detailed list of items including any stock#’s, dates of delivery, department signature, etc. Work orders or work completion receipts shall include contractor’s name, user department and contact name, PO#, dates of service, times of service (time in and time out) detailed scope of work performed, labor hours, items used for work, department signature, etc.

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

MSDS When applicable, MSDS information must be included in bidder’s response. Also, MSDS will accompany applicable deliveries.

Minimum Quantity Orders No minimum quantity per order is allowed.

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

Mark up % or Cost plus % If this contract requires bidders/contractors to quote for materials, supplies and any other items on a “Mark up %” or “Cost Plus %”, the contractor (when requested by the department) is required to submit, to the requesting department, a copy of their original manufacturer’s invoice (or other official documentation) to prove accuracy of their mark up or cost plus total. When requested by the department, the contractor shall submit this documentation within 5 working days upon the department’s request. The referencing invoice will not be processed for payment until satisfactory documentation is received; and will not be considered late payment. Any written credits shall be immediately issued to the department along with justification of error. This requirement may also be a part of the contract performance evaluation. Failure to provide this documentation may result in immediate termination of contract. In addition, if the contractor is found non-compliance (not charging the department the contract rate), it may also result in immediate termination of contract.

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

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

Materials and Work Any material in the work to be used shall be new, unused, and of recent manufacture and may be tested and inspected at any time by the department. All work or service provided under this contract by the contractor shall be completed in a professional and timely manner.

Insurance, License, Permit and Approval The contractor shall inform themselves as to, and shall comply with, the provisions of all State and local laws, ordinances and regulations applicable to and governing the work called for in this contract. The contractor must obtain all necessary licenses, permits and approvals as may be required to carry out this contract (throughout its duration) and this will be done at the contractor’s expense. The contractor shall, at all times during the entire contract duration, maintain all *necessary insurance coverage, including, but not limited to, worker’s compensation, at contractor’s expense. The contractor shall take all necessary precautions to safeguard workers and all others rightfully on the premises. Any damage resulting from the contractor’s work and/or performance shall be immediately repaired at the contractor’s expense and to the complete satisfaction of the department.

*Bodily Injury

*Property Damage

Out for Bid. Although it is intended that a contract will be executed under this RFR, the department reserves the right, when felt in the best interest of the Commonwealth, to place any service or commodity that is covered under this RFR/contract out for bid (RFR process). The department reserves the right to contract with that successful bidder of that RFR.

Contractor Address Changes It is the responsibility of the contractor to notify the PTL of any change of address, including remit to address. The contractor shall immediately notify the PTL by submitting a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to”. If written notification is not received, changes cannot be done; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

Funding Availability This Contract is subject to available funding.

Payment Invoices will be sent to the proper Fiscal Unit by the contractor immediately AFTER the delivery or service performance. Contractor invoices should include the following:

· Name of and address of contractor

· Telephone and fax number

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

· Purchase order number

· Date of invoice and date of delivery or service

· Detailed breakdown of items delivered or service performed

· Name of department contact person

· Early payment discount terms

· The contractor is responsible to ensure that the appropriate Department of Correction Accounts Payable department receives the invoice. The contractor can call the PTL for this information if needed.

A copy of the delivery receipt or work order, which includes the department employee signature, shall be attached to the invoice.

Invoices should be sent, unless otherwise notified, to the proper Fiscal Unit listed in this RFR after the delivery or service has been completed. Invoices shall be date stamped when received by the department. The department’s goal is that the contractor receives payment within 30-45 days after the invoice has been accepted and received by the proper Fiscal Unit; unless a prompt payment discount is offered.

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

Account Statements and Charges Not Invoiced. Monthly statements must be sent to the appropriate fiscal unit to the attention of the Accounts Payable Supervisor. If monthly statements are not generated and/or received by the appropriate Accounts Payable Supervisor, then any outstanding charges brought to our attention beyond the fiscal year’s end (June 30) will not be the responsibility of the Department to pay for; as funds will not be available.

Charges for services or deliveries must be invoiced to the Department by the contractor no later than thirty (30) days after work completion or final delivery. The department will not be responsible to pay for invoices which are initially generated greater than ninety days after work completion or final delivery.

Prompt Payment Discounts Bidders/contractors doing business with the Commonwealth must provide a Prompt Payment Discount (PPD) for receiving early payments unless the Bidder/contractor can provide compelling proof that providing a PPD would be unduly burdensome. Preference or additional points may be given for reasonable offers. If the contractor offers an early payment discount, the discount term must be clearly indicated on the invoice. The date that the early payment discount term will begin is the date that the accurate invoice is received and accepted by the proper Fiscal Unit OR the date of work completion/order receipt, whichever is greater. The “invoice date” has no bearing on the early payment discount term.

Justified Credits Written credits will be issued to the Fiscal Unit no later than two(2) business days upon request. Payments will not be processed until written credits are properly received. No penalty will be issued to the department for late payments caused by disputed invoices.

Tax Exempt Number The department is tax exempt. Any contractor who requests a copy of the ST-2 may call the appropriate Fiscal Unit. Invoices will not include tax.

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

MASS Finance web-site The Commonwealth has a web-site called “MASS Finance” which may assist vendors in researching either payments which have been made or are scheduled to be paid. https://massfinance.state.ma.us/VendorWeb/vendor.asp

Contractor Reports and/or Data Contractors must submit any and all reports or data, which are requested by the department and that, pertains to this contract. Contractors must submit these reports in a reasonable amount of time, which is considered 5 working days, or as negotiated and accepted by the department. Said reports or data may include, but are not limited to, dates of service/deliveries, purchase order numbers, quantities and costs, contract revenue, requesting facility, etc.

Normal Service Work Hours associated with this contract are as follows: (unless otherwise accepted and negotiated with successful bidder/contractor)

Normal Delivery Hours Contractors may be restricted to certain hours of delivery. For example a Storehouse at a particular site may only accept deliveries from 7:30AM – 10:30AM and then from 1:00PM to 3:00PM. Contractors are required, at time of order request, to obtain information on hours of acceptable delivery. The department will not be charged, nor is responsible for any costs associated with deliveries that are not accepted.

Emergency Situations Because this contract will service Department of Correction correctional institutions, contractors need to understand that emergency situations may occur which could prevent approved scheduled services to be performed or deliveries to be made. In these situations, the contractor may not be let into the institution(s) or on the property, which would prevent the contractor’s performance. The contractor will make every effort to return in a timely manner to perform such services or make delivery. Contractors may be locked in a facility and may not be able to exit in a timely manner. The department will not be charged for any expense which pertains to these and similar situations.

Rules and Regulations The contractor shall familiarize themselves and abide by the Commonwealth and Commonwealth of Massachusetts Department of Correction and Institutional Rules and Regulations. It should be noted that convicted felons are not allowed on DOC property. Background checks will be completed for individuals performing any work under this contract and at any time during the duration of this contract. Therefore, contractors may be required to complete a Background Information Request and Waiver form at any time. In addition, contractors’ equipment, tools and vehicles will be checked, searched and approved prior to entering and prior to leaving the institution or at any time during contract performance. Contractors are required to maintain the security and confidentiality of any records or data of the department obtained or used by the contractor in their performance. Jeans of any color are not allowed inside the correctional institution(s). Contractors will not be allowed into the institution(s) if wearing jeans of any color. Tobacco products are not allowed on DOC property.

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 Massachusetts Terms and Conditions supersede any contractor or vendor contracts, invoices or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions is signed, it is immediately considered void.

Recycling Efforts/EPP Program. The Commonwealth of Massachusetts is dedicated to the purchase of environmentally sound products, such as those that contain recycled material, reduce waste, conserve energy and water, and/or reduce or eliminate toxic materials. Bidders are encouraged to keep this in mind when submitting their bid response packages. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, bidders are encouraged to comply with the following:

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on paper made with tree-free fibers.

· Unless absolutely necessary, all bids and copies should minimize or eliminate the 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 dividers, paper clips and staples are acceptable.

· Bidders should submit materials in format that allows for easy removal and recycling of materials.

· Besides the required forms within this RFR, please do not submit a copy of this RFR with your response package (we have one!) – thanks anyway.

Bid/Response Rejection The department reserves the right to reject any or all bids(responses), in whole or in part and for any reason deemed necessary.

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 associated with performance at any time during the contract duration if they are consistent with the specifications of this RFR.