SP15 Supply- Boots- Amendment.doc

REQUEST FOR RESPONSE

CUSTOM MADE FIELD BOOT

RFR #SP15-BOOT-S64 / COMMBUYS Bid# BD-15-1084-POLGH-GHQ-0000000

ISSUE DATE: 2/23/15

Amendment 4/13/2015 The Commonwealth of Massachusetts

SECRETARY OF PUBLIC SAFETY

DEPARTMENT OF STATE POLICE

470 Worcester Road Framingham, MA 01702

Procurement Category

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

1. Description or Purpose of Procurement:

The Department of State Police of the Commonwealth of Massachusetts is interested in seeking responses from bidders able to provide custom made field boots to establish a contract with a qualified contractor.

Electronic Quote Submission Instructions

The Department of State Police of the Commonwealth of Massachusetts is soliciting responses for the services to provide custom made field boots. Bidders are advised that Massachusetts State police (1) restricts submission of written questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. Bidders are solely responsible to monitor this site for Bid amendments, if any. Bidders may monitor the record by frequently checking the Header Information for the list of Amendments. Bidders with active COMMBUYS accounts may also monitor the record through COMMBUYS email notification and record tracking tools enabled when a vendor acknowledges receipt of a bid. To establish a COMMBUYS account, bidders must select the Register link on www.commbuys.com and complete the online subscription process.

2. Applicable Procurement Law

Executive Branch Goods and Services

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Legal Services

MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

3. Acquisition Method:

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Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

Tax Exempt Lease-Purchase (TELP)

License

Other: [specify other]

4. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

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Single Contractor

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Multiple Contractors

a. Estimated Number of Awards

The target maximum number of Contractors is a Single contract; the Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so. Multiple quotes in response to the same bid will not be allowed.

b. Adding Contractors after initial Contract Award

If, over the life of the contract, the Purchasing Department determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

5. Entities Eligible to Use the Resulting Contract

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Limited User Contract – Restricted to Use by Defined Entities Only. Any contract resulting from this Bid will be open for use by the Issuing Entity as well as any of the following eligible entities at the discretion of the Department of State Police.

· Cities, towns, districts, counties and other political subdivisions;

· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education; and

· Public purchasing cooperatives;

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

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Limited User Contract – Restricted to Use by Issuing Entity Only.

6. Expected Duration of Contract (Initial Duration and any Options to Renew):

Initial Duration

Total Maximum Contract Duration

Initial Number of Years/Months for the Initial Term Plus All Renewal Periods

7. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement: $50,000 annually, potentially $175,000 with a class Contract prices will remain fixed during the initial contract period. Contractors will have an opportunity to request a price increase if an option to renew is offered. Contractors will need to submit written justification and supporting documentation with price increase requests. The Department of State Police does not guarantee that increase requests will be granted.

8. Contract Performance and Business Specifications:

Scope of Services:

1) Bidders must have a minimum of five (5) years experience in the measurement, manufacture, fitting and supply of custom-made uniform boots to large organizations. Bidders must attach a cover letter expressing interest and statement of number of years in business and experience (include resume if available).

2) Bidder must submit a response that meets all the required technical and business specifications listed in this RFR.

3) Bidder must be a manufacturer or manufacturer’s authorized distributor for which a response is being submitted. (Attach copies of certifications)

4) Bidder must provide delivery within one hundred twenty (120) days of receipt of order, unless mutually agreed to by Department and Bidder. Purchasing department reserves the right to access a five percent (5%) penalty fee for late delivery.

5) All quotes shall be FOB destination. The term FOB destination shall mean delivered and unloaded in-house or on-site, at contractor risk, with all charges for transportation and unloading prepaid by the contractor.

6) Bidders will be required to submit a letter with description of business practices, including facility size and location. Massachusetts State Police reserves the right to visit any and all manufacturing facilities.

7) Bidders will be required to manufacture and furnish a sample pair of field boots for a designated uniformed member of the department. Boot will be made strictly to measurements and specifications in order to judge the quality of the boot, prior to contract award. Bidders are to contact Sgt. Anna Brookes, State Police Supply Unit (508-820-2238) to schedule a fitting. Bidders will have 21 days from the bid due date to comply. This will be done at no cost to the Commonwealth.

8) Boots shall be made to individual measurements; leg, calf, height and foot. The manufacturer shall provide for measurements to be taken by a competent practitioner. All boots must be made to individual measurements. The manufacturer must make boot adjustments available on an as-needed basis. Any cost incurred for adjustments (i.e. shipping, etc.) will be the responsibility of the vendor.

Bidder will include as part of the bid document a schedule of how they will provide for measurement sessions. Measurements may be taken at a fixed site or at locations throughout the Commonwealth. The frequency (the number of days a month) of availability for measurements must be indicated.

9) Bidder must submit a detailed listing of all product support that is offered. Product support must include but is not limited to measurements; fittings and defective merchandise return policy.

10) The Department of State Police reserves the right to change specifications and/or materials at any time. Pricing will be renegotiated accordingly. All changes, specifications, materials, pricing, will be in writing and approved by the Department of State Police and the successful bidder(s).

11) As a condition of bid submission, every bidder will be required to provide a sample of the Massachusetts State Police Boot for review/evaluation by the SST. Samples are to be provided at no cost to the Department of State Police. Samples must be submitted on or before at 12:00 PM EST, Monday, April 6, 2015

12) The manufacturer must take measurements, manufacture, deliver and fit State Police personnel within one hundred twenty (120) calendar days following receipt of an order, with the exception of a training class. Training classes are not definite in any given year, but in each contract year there is a potential for a recruit training class of three hundred (300). Once a class is confirmed and orders issued, the outfitting of the recruit class takes precedence over all other orders. The 120 day regular order production schedule will be suspended, in abeyance and subsequently resumed following graduation of the class. The manufacturer is required to supply each recruit with a pair of boots, adjusted to fit, before graduation. Measurements shall be obtained a month before or within a few weeks of the start of the recruit training class at a location as determined by the Massachusetts State Police. Upon receipt of an order, the manufacturer will have until one month from the expected date of graduation to provide “try-on” boots for the recruits. The manufacturer will then have fourteen (14) calendar days to alter and return the boots to the recruit. Proper fitting boots are needed within two weeks of graduation for “break-in”.

Recruit class measurements will take place at a location as determined by the Massachusetts State Police, and may take place over a series of days, depending upon the size of the class. The date(s) and time(s) of the measurement sessions will be determined by the Massachusetts State Police. The manufacturer will be given at least a two week notice of the definitive date(s) and time(s) of the measurement sessions. The manufacturer will ensure that sufficient staff are on hand to measure and record measurements for these sessions to enable the sessions to process all assigned recruits.

13) Massachusetts State Police reserves the right to inspect facility.

14) Contract is established as a Limited User Contract. Contract is limited for use to the Massachusetts State Police and approved State Police units assigned to the Massachusetts Turnpike Authority and the Massachusetts Port Authority.

These boots are a custom part of the State Police uniform and are designed and manufactured for the Massachusetts State Police.

15) Bidder must provide three (3) references. Reference must be current customer accounts for similar products. References must be supplied on Business Reference Form provided. Bidder may not use Massachusetts State Police employees as a reference.

16) A “required” specification is one that must be met in order for a proposal to be considered responsive. Any proposal which fails to meet a required specification of this RFR will be considered non-responsive and disqualified unless the evaluation team, in 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 their technical and business proposal. No corrections to pricing offered will be allowed.

17) There will be no minimum quantities required for orders.

18) The standard sample field boot is available for inspection at the Massachusetts State Police Supply Depot, 480 Worcester Road, Framingham, MA 01702, telephone number (508) 820-2230. Agency contact is Sgt. Anna Brookes. Only cases where specifications do not cover a certain material, cut, or stitch will the standard sample be used for reference.

19) The successful bidder and its employees may be subject to a criminal background check. Negative information may result in the contract being awarded to the next eligible bidder.

20) Quoted cost must include all fees. Any charges not noted on the bid form will not be compensated.

21) Bidder must submit a response that meets all the required business specifications listed in this RFR.

22) Winning bidder agrees to negotiate “best value” pricing for large orders. The new pricing will be determined by mutual agreement by the supplier and the Department initiating the purchase order. If pricing has been extended, other departments may purchase the same item at the new price provided the supplier receives their purchase orders within 21 days of the original purchase.

23) Contractor will be required to submit an acceptable invoice upon completion of delivery and/or installation. Payment will be processed as outlined in the Commonwealth’s Standard Terms & Conditions.

24) The bidder is presumed to know and shall be strictly accountable for all terms and conditions in this RFR, including any and all attachments. The bidder shall indemnify and save harmless the Commonwealth of Massachusetts, Massachusetts State police and all officers, agency, and servants thereof against any claim or liability arising from or based upon the bidders lack of knowledge of the terms and conditions in this RFR. A signed RFR is Prima Facie evidence that the bidder understands all terms and conditions in the RFR. The submission of a response shall be conclusive evidence that the bidder has examined and agreed to all of the aforementioned conditions.

9. Specifications A. Traditional look with primary purpose of design to match that of current MSP issue patrol field boot-examples are available for viewing.

B. Pattern shall be 11 eyelets laced instep field boots to custom measurements for height, calf and leg length and width and will include 5 side gusset eyelets on the outside calf.

C. Highly shine-able, durable, black leather foot.

D. Highly shine-able durable, black, leather, synthetic leather, or leather composite reinforced shaft which matches foot-manufacturer must specify E. Fully lined.

F. Insulated—manufacturer must specify foot and/or entire boot-suitable for wear November-April in Massachusetts G. One pull strap on each side of bootleg sewn through lining and upper H. Vibram or equivalent lug type sole suitable for all surfaces I. Design suitable for walking, running, driving and patrol duties

J. Durable stitching, stress point preventative measures-manufacturer shall explain

10. Supplier Diversity Program (SDP) Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

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:

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Operational Services Division’s SDO webpage at: www.mass.gov/sdo

11. 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.

12. Evaluation Criteria Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals 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.

Bid evaluations will be made according to the following criteria. Criteria are not listed in order of importance.

· Pricing

· Prompt Payment Discount

· Product Support

· Quality of Product

· Availability of Measurements

· References

· Experience

· Supplier Diversity Program

· Completion of RFR specifications Note: Complete evaluation criteria, scoring and bidders’ responses will be available and posted to COMMBUYS after execution of a contract with the successful bidder(s).

13. Instructions for Submission of Responses:

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix E: Instructions for Vendors Responding to Bids.

Any submission which fails to meet the submission requirements of the RFR will 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 vendor to make minor corrections to the submission.

14. Estimated Procurement Calendar

Physical Bidders’ Conference Email: Kimberley.desiata@state.ma.us for Availability March 9, 2015

480 Worcester Road, Framingham 9am – 5pm

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

a. Online Questions (Bid Q&A) Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above).

(Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)

b. Bid Amendment Deadline

The Purchasing Department reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The Purchasing Department and the Commonwealth accept 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.

c. Quotes (Bid Responses) Deadline (Bid Opening Date/Time) See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

d. Estimated Contract Start Date

This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

15. Required Forms

Responses to this RFR must contain the following documents:

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The above attachments are available as attachments as part of the Bid record on WWW.COMMBUYS.COM.

16. RFR Attachments Appendix A:

Glossary Appendix B:

Required Specifications Appendix C:

RFR – Other Specifications Appendix D:

Instructions for Execution and Submission of Commonwealth Standard Forms Appendix A: Glossary In addition to the definitions found in 801 CMR 21.00, which apply to all procurements for goods and services, the definitions found below apply to this Solicitation. Those definitions below designated with an asterisk (“*”) are quoted directly from 801 CMR 21.00 and are included below for quick reference purposes.

Agency – See Department

Bid – While a bid may generally refer to an offer or response submitted in response to a Solicitation or Request for Response (RFR), in COMMBUYS, a “bid” refers to the solicitation, RFR or procurement.

Bidder * - An individual or organization proposing to enter into a Contract to provide a Commodity or Service, or both, to or for a Department or the State.

Commonwealth Contract Manager – See Strategic Sourcing Services Lead

Contract * - A legally enforceable agreement between a Contractor and a Department. ANF, OSD and CTR shall jointly issue Commonwealth Terms and Conditions, a Standard Contract Form and other forms or documentation that Departments shall use to document the Procurement of Commodities or Services, or both. COMMBUYS refers to Contract records as “Purchase Orders” or “Blanket Purchase Orders.”

Contractor * - An individual or organization which enters into a Contract with a Department or the State to provide Commodities or Services, or both.

Contractor Contract Manager – The individual designated by the Contractor to interface with the Commonwealth.

Department - For the purposes of this Solicitation, the terms “Department,” “Eligible Entity,” “Agency,” “Commonwealth Agency,” and “Contracting Department” include all entities listed in the Eligible Entities section of this RFR. COMMBUYS refers to such entities as “Organizations.”

Eligible Entity – See Department

Environmentally Preferable Product (EPP) - A product or service that has a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. Such products or services may include, but are not limited to, those which contain recycled content, minimize waste, conserve energy or water, and reduce the amount of toxic materials either disposed of or consumed.

Evaluation – The process, conducted by the Strategic Sourcing Team, of reviewing, scoring and ranking the submitted Quotes related to this Bid.

FY – See Fiscal Year

Fiscal Year - The year beginning with July first and ending with the following June thirtieth as defined in M.G.L. Chapter 4, Section 7. This may also be referred to as the "State Fiscal Year.”

Organization – See Department

Procurement Team Leader (PTL) – See Strategic Sourcing Services Lead

PTL – See Procurement Team Leader

Purchasing Entity – Same as “Eligible Entity.”

Quote or Response - generally refers to the offer submitted in response to a Bid or Request for Response (RFR).

Request for Response (RFR) * – The mechanism used to communicate Procurement specifications and to request Quotes from potential Bidders. An RFR may also be referred to as a "Bid” or “Solicitation.”

Response – The Bidder’s complete submission (or “Quote” as referenced in COMMBUYS) in response to a Solicitation, in other words, a “Bid” or “Proposal.”

Solicitation – See Request for Response (RFR)

SST – See Strategic Sourcing Team

SSSL – See Strategic Sourcing Services Lead

Strategic Sourcing Team (SST) – Representatives from various eligible entities and interested stakeholders that design procurements, develop specifications, conduct Solicitations, evaluate responses to Bids and award Statewide or Department Contracts. The SST also monitors Contractor performance through performance measures and the level of customer satisfaction throughout the life of the Contract. In some agencies, SSTs are referred to as “Procurement Management Teams (PMT).”

Appendix B: Required Specifications

General Information

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions (either version). 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 (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). 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 Subscription. Bidders may elect to obtain a free COMMBUYS Seller subscription 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 subscription 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.

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 (formerly referred to as Procurement Management Team or PMT) 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.

Environmental Response Submission Compliance. In the event that paper submissions are required and in an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all required paper responses that are 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-free paper (i.e. paper made from 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 response.

· Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable 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 responses are made with recycled materials.

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

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 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.

Appendix C: RFR – Other Specifications The following RFR provisions appear in this section at the department’s discretion. If a specification is selected by the department, it is required of the bidder.

Access to Security-Sensitive Information. This solicitation contains security-sensitive information which, pursuant to MGL c. 4, s. 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to M.G.L. c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the commonwealth.

Qualified prospective bidders that are interested in accessing this information for the purpose of preparing a bid response must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

1. restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

2. safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and

3. return such records and materials to the Commonwealth upon completion of the project.

Alternatives. A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated RFR specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications.

The department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

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

Emergency Standby Commodities and/or Services. Due to a declaration of a state of emergency where the safety and well-being of Commonwealth citizens are at risk, the Commonwealth of Massachusetts may request specific commodities and/or services from its contractors. Contractors may be called upon to supply and/or deliver to the Commonwealth on a priority basis such commodities and/or services currently under contract.

Such accommodations may be requested from a contractor during an actual emergency. To accommodate such requests, contractors may be requested and must make every effort to service these requests from regular sources of supply at the rates set forth in any standard contract resulting from this RFR.

Environmentally Preferable Products and Services. The department and contractor(s) may negotiate during the contract term to permit the substitution or addition of Environmentally Preferable Products (EPPs) when such products are readily available at a competitive cost and satisfy the department’s performance needs.

Estimated Provisions. The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels.

Performance and Payment Time Frames Which Continue Beyond the Duration of the Contract. All term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract…