RFR17_100_statewide_electronic_databases_final.docx

MASSACHUSETTS BOARD OF LIBRARY COMMISSIONERS

REQUEST FOR RESPONSES

RFR 17-100

STATEWIDE ELECTRONIC DATABASES

Massachusetts Board of Library Commissioners 98 North Washington St.

Boston, MA 02114-1933

(617) 725-1860 / (800) 952-7403 (in-state only)

(617) 725-0140 (fax)

This procurement is covered by the World Trade Organization’s Government Procurement Agreement

TABLE OF CONTENTS

1.0 Description and Purpose of This Procurement

1.1 This Procurement

This Request for Response (RFR) seeks proposals from online content providers for licensed access to products for a period of up to five years, beginning July 1, 2017. Publishers of online content, value-added resellers, or third-party vendors representing periodical, newspaper or encyclopedia content may submit proposals. The Commonwealth aims to achieve the best value for the Commonwealth while ensuring stable access to content, long-term sustainability, and mechanisms for expansion.

The products selected will serve as the core set of statewide electronic resources for Massachusetts libraries. The procurement seeks the broadest array of general, K-12, scholarly (undergraduate and graduate), and consumer information, predominantly full-text, including multimedia content as follows: general periodicals, scholarly journals, general encyclopedias and newspapers, as well as content in the following subject areas: consumer health, nursing and allied health, literature, biography, literary criticism and readers’ advisory, and science and technology. For newspapers, the procurement is specifically interested in The New York Times and The Boston Globe.

These resources will be available to any person located within Massachusetts, and any user from public, school, academic and special libraries that are members of the Massachusetts Library System. Unlimited simultaneous access is required.

The cost for the project will be shared jointly by the Massachusetts Board of Library Commissioners (MBLC) and the Massachusetts Library System (MLS).

1.2 MBLC (Authority)

The Massachusetts Board of Library Commissioners is the agency of state government charged with the responsibility to maintain and improve library services for the people of Massachusetts. This authority is defined in Chapter 78 of the Massachusetts General Laws. Section 19E of Chapter 78, “Library media services; comprehensive statewide program; funds; standards” provides:

The board of library commissioners, hereinafter called the board, shall, subject to appropriation, establish a comprehensive statewide program for the improvement and development of library services for all citizens. Such funds as may be appropriated shall be distributed by the board for the following purposes… 2) for the establishment and development of cooperation and coordination among libraries, including the authority to… (c) provide statewide access to specialized information resources, research collections and specialized reference and information services.

1.3 Massachusetts Library System (MLS)

MLS is a not-for-profit corporation funded as a program of the Massachusetts Board of Library Commissioners. MLS provides direct services to libraries, including supporting database access, registering new members with database vendors, and training. The approximately 1,600 members of MLS include public, academic, school, and special (e.g., corporate, non-profit, institutional, hospital, trial court) libraries. Bidders are invited to read the criteria for membership and find an up-to-date list of members on the MBLC website.

1.4 Statewide Database Authentication

The MBLC works to make end user access to electronic resources as easy as possible, while still ensuring that users are appropriately authenticated and authorized. At the same time, the MBLC desires to minimize the administrative burden on MBLC and MLS staff.

The primary mechanism currently used for access to any Massachusetts resident or user within Massachusetts is IP geolocation. In-library and campus IP ranges have been whitelisted where geolocation fails.

Users that cannot be determined to be in Massachusetts based on IP address are prompted for a library card or institutional ID. MBLC maintains a comprehensive registry of Massachusetts library card patterns, and does live patron lookups with several participating library systems.

MBLC’s consumer portal (libraries.state.ma.us) manages the geolocation/barcode login processes.

· Back end geolocation services are currently provided as an additional service through one of the current statewide electronic database vendors.

· Every member library has its own URL to each database product.

· Some academic and school libraries and library consortia manage their own access through EZproxy servers.

1.5 Database Support for Libraries

MLS manages database registration for new member libraries. MLS staff communicates the library profile information to the database vendors. Member libraries are encouraged to contact MLS as their first point of technical support to report IP address issues, changes to library or catalog links, or email addresses for delivery of statistical reports. Member library staffs will be encouraged to contact the vendors directly for ongoing support issues once initial setup is complete.

MLS coordinates statewide database opportunities for libraries with vendor training staff and resources.

2.0 Acquisition Method

Any contract emanating from this RFR will be a maximum obligation contract conducted on a Fee for Service basis.

3.0 Single/Multiple Contractors

The MBLC may contract with a single or multiple bidders for the required services listed in this RFR.

Open Enrollment - The MBLC may request additional bids for consideration once or more during the contract’s life to address content needs defined in Section 7.3, but not supported by the contracts in place, should additional funding become available. Open enrollment allows new bidders to submit responses after the initial selection period at specified intervals or as deemed necessary by the MBLC. Open enrollment may occur between July and September of each year. Responses received during open enrollment will be handled in the same manner as responses are treated for the initial release of this RFR. Late responses on an open enrollment for which the closed date has elapsed will not be held for the next open enrollment period.

4.0 Single Department Contract

This RFR is being solicited by the Board of Library Commissioners for the sole use of the MBLC, and is, therefore, not extended to other Commonwealth Agencies or Departments.

5.0 Anticipated Duration of the Contract, Including Renewal Options The anticipated duration of this contract will extend from July 1, 2017 through June 30, 2019 (24 months), followed by a two-year option to renew (July 1, 2019 – June 30, 2021), and a single year renewal option (July 1, 2021-June 30, 2022). The MBLC will exercise its option to renew based on performance, needs, and availability of funding for the contract. Depending on the nature of the content licensed, the MBLC may choose to contract for up to five years, including all renewals. If the MBLC opts for the renewals, the vendor shall be notified no less than 120 days before the end of the applicable original contract period.

6.0 Anticipated Expenditures and Compensation Structures

The MBLC will look for reasonable pricing in the cost proposals for the services enumerated. Funding may come from the MBLC and/or MLS. A portion of MBLC funding may come from Federal LSTA funds. The estimated total maximum obligation for this contract is up to $7,000,000 over the life of the contract for all content licensed and all renewals optioned for five years. All funds are subject to the availability of state and federal appropriations.

The MBLC makes no guarantee that any Commodities or Services will be purchased from any contract resulting from this RFR, or that funding will be available for all contract periods.

7.0 Performance and Contract Specifications

The MBLC will only award contracts to organizations qualified to supply the content and perform the duties as enumerated in this RFR.

7.1 Bidder’s Organizational Qualifications and Experience

7.1.1 Organizational Qualifications

Describe your organizational qualifications to perform the duties enumerated in this RFR, and provide a brief company history including a profile of your operation and number of years you have been providing licensed content to libraries. Provide a statement regarding your qualifications and organizational capabilities including the following:

· an organizational chart,

· forthcoming significant changes in your ownership, management or corporate structure,

· a description of your resources and experience relevant to the RFR performance requirements,

· a statement on the experience of your staff and the total number of employees that are product support & training, technical support, product development, and management,

· resumes/background and roles of key personnel assigned to meet the Commonwealth’s needs under the RFR contract, and

· the location(s) of the offices from which the work will be managed.

7.1.2 Financial Stability

Provide a certified and audited financial statement for the most recent fiscal year available.

7.1.3 Value-Added Reseller/Third Party Provider

Value-added resellers or third-party providers are required to provide a statement confirming that they are authorized to license the content and will be furnished with ample product by the publisher to fulfill your contract with the Commonwealth.

7.1.4 Experience and Business References

Describe what experience you have providing licensed database content statewide or to large consortia with multi-type library membership (public, academic, school and special libraries).

Provide contact information for at least three projects of similar scale for reference purposes. If any Commonwealth agency is an existing customer, it must be identified and you must provide them as a reference.

7.2 and 7.3 General and Technical Requirements / Content Complete all worksheets in the spreadsheet entitled “RFR 17-100 - Technical Requirements (§7.2) and Content (§7.3)”.

7.2.1 User Experience

7.2.2 Authentication and Authorization

7.2.3 Interoperability

7.2.4 Admin Accounts

7.2.5 Statistics and Reporting

7.2.6 Allowable Use

7.3 Content

7.4 Deliverables

The following deliverables are covered in Section 7.2.3 Interoperability: Metadata (Knowledge Base) and MARC records.

Library usage reports are covered in Section 7.2.5 Statistics and Reporting

7.4.1 Services Fully Available to All Eligible Libraries and Users by July 1, 2017 Describe how you will complete the setup of the approximately 1,600 member libraries in preparation for the first day of the initial contract period.

How will you work with MBLC on integrating Massachusetts authentication practices, including configuring authenticable links directly into the product and via OpenURL, geolocation and, optionally, geolocation service provision and IP whitelisting (see Section 7.2.2)?

Describe how you will test to ensure that you are completely ready by the July 1 cutover to your products.

How will you train MBLC and MLS staff in preparation for July 1, 2017? Describe what will be covered and how it will differ from the standard library training to be offered during the course of the contract?

7.4.2 Project Manager

Identify the single individual to serve as project manager and main contact with the MBLC. (See Section 7.1.1)

7.4.3 Technical Support

Describe how you will provide ongoing technical support, including turnaround time, throughout the life of the contract:

· Provisioning new member libraries

· Removing former members

· Regular communications with MBLC and MLS

· Taking direct support calls from libraries

· Whitelisting IP addresses for libraries and campuses that cannot be geolocated. Applies only if you provide geolocation services for Massachusetts. (See Section 7.2.2 Authentication and Authorization)

· Providing MBLC and MLS with regular reporting/statistics on tech support cases

· Working with MBLC to resolve authentication related problems

What tools do you utilize (e.g, web forms for MBLC/MLS and for libraries, help desk ticketing systems) to manage technical support?

Are support resources available to libraries without requiring that they log in to a support site with special credentials?

7.4.3 Library Staff Training

Discuss the training that you will provide to Massachusetts libraries on your platform and products. Based on your experience with other statewide implementations, how do you propose to deliver the training?

Describe a typical training session that introduces your products and more advanced training offerings. Discuss how training might vary for different library audiences (e.g.,school libraries vs. academic or public libraries). Will you offer training on specific research topics (e.g., STEM, business, health)? Or your product integration with other tools (e.g., Google Apps)?

Will web-based training be archived?

Optionally, provide links to one or more recent web training sessions that have been archived.

Provide brief resumes for key training staff that would be assigned to Massachusetts. (See Section 7.1.1)

7.4.4 Promotion and Marketing

How do you partner with states and/or large consortia to promote and marketing your products to end users? Provide examples of advertising that you offer to drive potential users to your products, such as web-based, broadcast and social media in addition to brochures, bookmarks, flyers. Can these products be customized by libraries? What sort of evidence do you have to show the effectiveness of the marketing efforts undertaken jointly by you and participating libraries?

What user customer experience analytics tools or third-party integration (e.g., ForeSee, Qualtrics) do you offer? Please describe.

7.4.5 System Changes/Enhancements

Describe your customer notification policies and mechanisms regarding system and content changes.

How do you work with large consortia or state coordinators on planned changes? Describe testing options available to MLS and MBLC staff in advance of major changes, whether implementation can be delayed or scheduled state-by-state, and other ways that statewide changes can be managed.

7.4.6 Quarterly Reports on Contract Performance

MBLC and MLS require a brief, regular written overview that might include, summaries of recent enhancements, upcoming training, analysis of usage data and promotional efforts, end user and library survey results. Describe the types of content that you will include in this report.

7.5 Fee Structure/ Duplicate Licenses

7.5.1 Fee Structure

Important: Do NOT cite actual costs in response to this section. Costs proposals are covered in Section 9.3.3

The RFR seeks flat-fee pricing for unlimited simultaneous access to all content for all eligible libraries and remote users.

What is your proposed fee structure? You may propose a more cost effective or “best value” alternative to satisfy the Commonwealth performance needs, indicating how you will provide for the greatest volume of use while maintaining a quality service (i.e., per number of simultaneous users, for various kinds of populations, etc.).

Detail any proposed discounts for expedited payments, again, not citing actual cost figures.

7.5.2 Duplicate Leases/Libraries with Existing Contracts

How will you make restitution to participating libraries and library consortia having pre-existing contracts with you for heavily-overlapping or identical products?

8.0 Process & Evaluation

The proposal evaluation will occur in two steps.

Technical Review - The procurement team will evaluate whether the proposal meets the minimal qualifications to merit continuing on to product trials. The primary components of this evaluation will be whether the product(s) proposed fall within the scope of the RFR (Section 1.1) and whether the bidder shows the technical qualifications and capacity to provide the service at a statewide level (Section 7.2).

Technical Review Evaluation Components

At minimum, Technical Qualifications will cover:

· ADA Accessibility (7.2.1.4)

· Authorized Users (7.2.2.1)

· Authorized Use (7.2.2.2)

· Unlimited Simultaneous Access (7.2.2.3)

· Geolocation (7.2.2.4)

Trials, Presentations and Q&A, Final Review - Bidders whose proposals pass the Technical Review will be invited to participate in the product trials and will be invited to discuss their proposals with the procurement team and selected stakeholders.

Each section of the written proposals will be scored as indicated below:

(All applicants are required to complete the SDP Forms) See Section 11 and “SDP Procurement Resources and Guides” at:

http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/procurement-prog-and-serv/sdo/

The MBLC reserves the right to negotiate the total contract cost, the selection of products provided and licensing language with one or more bidders in order to obtain the best possible value for the Commonwealth.

8.1 Product Trials

Product trials will run from December 06 to 23, 2016. Bidders shall:

· Provide a simple, barrier-free means of access to each product for MBLC to share with the library community during the trial period.

· Provide a trial library administrative account to preview the administrative portion of the product (i.e., where library staff order statistical reports and review or customize their library profiles).

· Provide a trial statewide administrative account to preview aggregate administrative functions, such as managing members.

8.2 Bidder Presentations / Q & A

Bidders will be invited to meet with the procurement team, a Board-appointed advisory committee, and other selected stakeholders from around the state for 90 minutes on December 19 or 20. Bidders will be able to present themselves to the group, highlight their proposal, and demonstrate why their solution is the best value for the Commonwealth. A series of questions, which will be the same for all invitees, will be asked of each bidder.

8.3 Selection of Winning Proposals

The procurement team will make the final bidder selection(s). The team will consider the bidder’ complete written proposals, evaluations of the presentations, the recommendation of the advisory committee, and library feedback from the trials.

9.0 Instructions for Submissions of Responses

9.1 Electronic files

This RFR has been distributed electronically using the COMMBUYS system (www.commbuys.com). It shall be the responsibility of every bidder to check COMMBUYS for any addenda or modifications to this RFR. The Commonwealth and its subdivisions accept no liability and will provide no accommodation to bidders who fail to check for amended RFRs or submit inadequate or incorrect responses. Potential bidders are advised to check the "last change" field on the summary of RFRs for which they intend to submit a response to ensure that they have the most recent RFR files.

9.2 Alteration of files

Bidders may not alter, either manually or electronically, the RFR language or any RFR component files. Modifications to the body of this RFR, specifications, terms and conditions, or which change the intent of this RFR are prohibited. Any unauthorized modifications may disqualify a Response.

9.3 Responses

9.3.1 Delivery

Responses must be delivered through the COMMBUYS system.

9.3.2 Narrative

Provide a brief (no more than 500 words) initial narrative response to the scope of services, showing how you intend to provide the Commonwealth with products and services that best meets the needs of Massachusetts libraries.

9.3.3 Format of Response - Performance and Contract Specifications Responses to Sections 7.1, 7.4, and 7.5 should be submitted using the same numbering scheme as in this RFR.

Responses to Sections 7.2 and 7.3 should be submitted via the spreadsheet entitled “RFR 17-100 Technical Requirements (§7.2) and Content (§7.3)”. There are worksheets (tabs) for each subsection of 7.2, with one worksheet for section 7.3, “Content”.

The response to each specification in 7.2 and 7.3 comprises two parts:

1. Indicate the Bidder Status by entering “Fully Complies”, “Partially Complies”, “Does Not Comply” in the cell to the right of the specification.

2. Answer any follow questions, or provide more detail as directed in the space below each specification.

9.3.3.1 Instructions for completing the spreadsheet

For each numbered item, self-evaluate whether you “Fully Comply”, Partially Comply”, or “Do Not Comply” with the requirement (Column E). Provide any additional information requested in the row below each requirement. Complete all worksheets.

9.3.4 Cost Proposal

Responses to this section shall be submitted through COMMBUYS, as one or more separate files, clearly identified as the Cost Proposal(s). A separate cost proposal must be submitted for each product or package offered in addition to any cost proposals that bundle multiple offerings together.

Additional content or products may also be proposed as an incentive to license the bidder’s primary offerings that satisfy the scope of this procurement.

The bidder shall use the following form(s), making additional copies as needed.

(Copy for each product or package as needed)

Vendor Name: ________________________________

Product Name: _______________________________

Product Description:

Initial Contract Period (2 Years) 1st Renewal (2 Years) 2nd Renewal (1 Year) Total (5 years)

Explanatory Notes (Optional):

All responses will be due no later than 11:00 AM on November 21, 2016. Any responses received after this deadline will be automatically disqualified.

10.1 Inquiries and Responses

All bidders are invited to submit inquiries via COMMBUYS. Inquiries will be accepted until 3:00 PM on October 14, 2016. All inquiries with responses will be posted on COMMBUYS by October 24, 2016. Phone and email inquiries will not be accepted.

10.2 Procurement Calendar

All deadlines are Eastern Time

December 19-20, 2016 (snow dates January 12-13, 2017) Bidder Presentations / Q&A

11.0 RFR Attachments/Required Specifications

The following attachments are required by the Commonwealth. Required forms must be submitted with the bidder’s proposal as indicated below. Bidders may also go to the COMMBUYS Vendor Information website Standard Documents section for all forms listed below:

11.1 RFR - Required Specifications

Revision Date: June 6, 2016

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

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

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

COMMBUYS Registration. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

· Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Best Value Selection and Negotiation. The Strategic Sourcing Team or SST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SST, including requests for clarification. 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/from the prospective bidder/awarded contractor and the SST to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). 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. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.