SP19-ANIM-X85 RFR.doc

REQUEST FOR RESPONSE

Animal Feed, Bedding, and Training Supplies

RFR #SP19-ANIM-X85

COMMBUYS Bid #BD-19-1084-POLGH-GHQ-32321

The Commonwealth of Massachusetts

SECRETARY OF PUBLIC SAFETY

DEPARTMENT OF STATE POLICE

470 Worcester Road Framingham, MA 01702

Request for Response (RFR) Document Title: Animal Feed, Bedding and Training Supplies ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: BD-19-1084-POLGH-GHQ-32321 Agency Document Number SP19-ANIM-X85 October 17, 2018

RFR Introduction and General Description

11.1 Procurement Scope and Description

11.2 Applicable Procurement Law …………………………………………………………………2 11.3 Acquisition Method:

……………………………………………………………………………2 11.4 Whether Single or Multiple Contractors are Required for Contract:

…………………..2 21.5 Entities Eligible to Use the Resulting Contract

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

21.7 Anticipated Expenditures, Funding or Compensation .………………………………….3 Estimated Procurement Calendar

32.1 Written questions via the Bid Q&A on COMMBUYS ………………………………………4 42.2 Locating Bid Q&A

42.3 Amendment Deadline

INSTRUCTIONS FOR SUBMISSION OF RESPONSES ……..………………………………..5

EVALUATION PROCESS AND CRITERIA ………………………………………………………6

CONTRACT PERFORMANCE AND BUSINESS SPECIFICATIONS: ………………………6

APPENDIX 1………………………………..…………………………………………..…………..10

7 APPENDIX 2 …………………………………………………………………………………………………..12

8 APPENDIX 3 ………………………………………………………………………………………………….17

9 APPENDIX 4 ………………………………………………………………………………………………….20

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Massachusetts Department of State Police (POL), in conjunction with the Department of Fire Services (DFS) and Department of Correction (DOC), seeks responses for the outright purchase of Animal Feed, Bedding, Related Supplies, Training Equipment and all other related goods associated with, for domestic farm, law enforcement and wildlife animals, on an as needed basis.

This RFR is designated to identify specific product groups that are representative of selected manufacturer’s product line covering animal feed, bedding, training equipment and related supplies/ services. However, such representation is not limited or restricted to those same items identified herein; but are specifically referenced for the purpose of determining acceptable discounts, as a percent off a manufacturer’s price list for any contract resulting from this RFR.

This will be an Open Enrollment contract to allow vendors to be added to contract as needed. After the initial selection process is completed under this RFR, the SSST may request that additional vendors submit responses in accordance with open enrollment at any time during the contract period.

SDP Requirements: If the contract exceeds $150,000 during the life of the contract, vendors will be required to submit quarterly reports (Form 3). Massachusetts Executive Order 390 established a policy to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). Massachusetts Executive Order 546 added Service-Disabled Veteran Owned Business Enterprises (SDVOBE) to this policy. 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).

Bidders will be required to commit to a Supplier Diversity Plan as part of their bid response for evaluation for all large procurements valued over $150,000 over the life of the contract.

The Department of State Police will require bidders to make a commitment to partner with a certified Supplier Diversity partner or partners. Bidders must submit a Supplier Diversity Program (SDP) Plan Commitment- SDP Plan Form #1 with their bid submission. Bidders must commit to a percentage of sales derived from this contract to be spent with an SDP partner. It is preferred that Bidders also submit SDP Plan Form #2 with their bid submission naming their SDP partner.

Once an SDP Plan is submitted, negotiated and approved, the Department of State Police will then monitor the contractor’s performance. A Supplier Diversity Program (SDP) Spending Report, SDP Plan Form #3 will be required to be submitted semi-annually in January and July of each contract year.

Electronic Quote Submission Instructions

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.

1.2 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)

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** If federal funds are used, vendor cannot appear on the Federal Debarment List.

1.3 Acquisition Method:

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Fee-For-Service

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Outright Purchase

1.4 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 Multiple Contracts.

b. Adding Contractors after initial Contract Award

This is a Rolling Enrollment Contract. The rolling enrollment process allows new bidders to submit responses after the initial selection period at specified intervals, or as deemed necessary by the Strategic Sourcing Team (SST).

The intent of this contract is to establish and maintain a list of pre-qualified contractors from which the POL, DFS and DOC can select.

1.5 Entities Eligible to Use the Resulting Contract

Any contract resulting from this Bid will be open for use by the POL, DFS, and DOC, as well as Executive Branch agencies that fall within the Executive Office of Public Safety and Security (EOPSS).

EOPSS agencies interested in using this contract may submit a request to the issuing agency and will be responsible for executing their own contracts/purchase orders and paying their own invoices for goods and/or services acquired from this Contract

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

Initial Duration

(96 mos) Identify the duration of options to renew and the number of such options (e.g. “two options to renew for one year each”)

Total Maximum Contract Duration

120 mos.

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

1.7 Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement – to be negotiated. Amount is determined by need, as well as funding. Contract will not have a Maximum Obligation Amount- Rate Contract.

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.

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

2 Estimated Procurement Calendar

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.

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. 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.

Please note that any questions submitted to the SST using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

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.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

2.3 Amendment Deadline

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

3 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 Attachment: 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.

a. 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).

b. 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.

3.1 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.

4 EVALUATION PROCESS AND CRITERIA:

Contractors must submit responses that meet all the submission requirements of the RFR as defined in 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.

The Department is looking for the “best value” response which provides the greatest quantity of services at the highest quality.

Criteria will consist of the following:

Pricing; Delivery; Warranty/Guarantee; Supplier Diversity Program; Prompt Payment Discounts and References 3 CONTRACT PERFORMANCE and BUSINESS SPECIFICATIONS:

The Massachusetts State Police, in conjunction with the Department of Fire Services and Department of Correction, seeks responses for the outright purchase of animal feed, bedding, related supplies and training equipment, etc. for domestic farm, law enforcement and wildlife animals on an as needed basis.

POL, DFS and DOC seek multiple vendors.

A bidder may not be disqualified if they can only provide one type of associated item(s) related to this procurement.

The POL and/or DFS and DOC may submit a request to add additional items related to feed, bedding and related supplies as new equipment comes available to the awarded vendors. It will be at the discretion of the SSST committee to award additional items based on the same criteria of awarding the initial RFR.

If additional funds become available during the contract duration period, the department reserves the right to increase the utilization of this contract and increase the purchase of related equipment.

3.1 Bidder Qualifications:

5.1.1 Company Certifications and Affiliations

Authorization letters from Manufacturers or Dealers available upon request.

5.1.2 Company Experience

In narrative form answer the following questions, not to exceed one typewritten page:

Business Background

Years in Business

Years in the industry of the solicitation

5.1.3 References and Reference Information and/or Requirements Largest customers in MA, if available

Largest state government customers, if available.

3.2 Commodity Specifications:

See attachment “PRICING INFORMATION”. This is an excel workbook covering the items that are contained in the RFR. This is not an exhaustive list and bidders are welcomed and encouraged to add additional products. Please specify any and all volume discounts offered. Additionally, please provide a link/ website to an on-line catalog that can be used to find additional products/ brands that can be purchased under this contract. All catalog pricing must be firm for the term of the initial contract. Please indicate what the discount off the catalog pricing will be.

Please note: The Department of Fire Services (DFS) has a different need than other agencies for the straw. In addition to regular straw used for bedding and/or food, we need straw that is-

· Wheat or oats or other cereal type grass

· Made up of stalks of the grain left after threshing

· Majority of the stalks should be at least 12 inches long

· 40 to 60 pound bales

The delivery of straw has been by an enclosed tractor-trailer left at the DFS facility and used for storage. When an order is placed, a fully loaded trailer is delivered and left at the DFS facility and the empty trailer is taken away.

5.2.1 Brand Name or Equal

Unless otherwise specified in this solicitation, any reference to a particular trademark, trade name, patent, design, type, specification, or supplier is not intended to restrict this solicitation 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.

5.2.2 Quantity, Size, Shape, Color, Material

As specified on the “Pricing Information” Attachment. Please note any deviations on pricing sheet.

5.2.3 Warranties and Guarantees

Warranty/ guarantees are to be provided to the purchaser upon request or purchase.

5.2.4 Sample Products for Evaluation

Upon request, sample products must be made available for inspection.

5.2.5 Emergency Response Plans/ Preparedness

In a declared state of emergency where the safety and wellbeing of the Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under this contract on a priority basis. The Bidder’s Response should include the following:

Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency.

A list of emergency contact information including name, position/ title, phone, email, and cell phone.

A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City, or Region).

A list of the Bidder’s building location(s) that would be available to serve the Commonwealth during an emergency.

3.3 Purchase Orders:

No orders are to be placed without a valid Purchase Order from the purchasing agency, through the COMMBUYS procurement system.

3.4 Delivery

Timely deliveries will be part of this contract’s performance evaluation. Poor performance in this area may result in immediate termination of said contractor. Deliveries that are outside the normal time frame are to be communicated to the order agency. No shipping charges.

3.5 Order Cancellations

There are no fees allowed for cancelled orders.

3.6 Product Returns

Return shipping costs will be the responsibility of the Contractor.

3.7 Invoicing

In cases of billing/ invoicing questions, no payments will be made until all issues are resolved and the invoice is agreed upon.

3.8 Price Quote

The POL, DFS and DOC are seeking firm pricing for the initial term of this contract. For renewal purposes, the contractor seeking price adjustments must submit to the Department 30 days prior to the renewal, such requests in writing to include market data to verify and document the reasoning for said requested adjustment.

POL, DFS and DOC are looking for pricing discounts and high volume purchasing discounts factoring options to renew beyond the initial duration.

POL, DFS and DOC are looking for the “best value” response that provides the greatest quantity of commodities and services, at the highest quality. Best value may include, but is not limited to, providing discounts, incentives, additional complimentary commodities, price and services or other benefits to the Commonwealth. Best value is to be clearly and further defined by the bidder in their response and will be awarded extra points in the evaluation as determined by the SSST.

**Pricing will be strictly adhered to during the initial contract period. When a renewal option is offered, price increases can be requested but are not guaranteed.

3.9 Performance Expectations/ Measurements

The selected bidder(s) who receives a contract as a result of this RFR will be measured in the following areas for contract performance:

Price

Invoicing

Delivery 4 Appendix 1 – Required Terms for all RFRs

4.1 General Procurement Information

4.1.1 Access to security-sensitive information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 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 MGL 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 Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

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

safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and return such records and materials to the Commonwealth upon completion of the project.

4.1.2 Alterations

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

4.1.3 Ownership of Submitted Quotes

The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

4.1.4 Prohibitions

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 using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

4.2 Terms and Requirements Pertaining to Awarded Contracts

4.2.1 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

4.2.2 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

4.2.3 Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

5 Appendix 2 - RFR - Required Specifications

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.

Items with the text, "( Required for POS Only" specify a requirement for Purchase of Service (POS) human and social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and Social Services and 808 CMR 1.00, Compliance, Reporting and Auditing for Human and Social Service.

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.

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

· The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

Supplier Diversity Program Subcontracting Policies. In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

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.

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: Executive Order # 509 Guidance.

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.

6 APPENDIX 3 Instructions for Execution and Submission of Commonwealth Standard Forms The purpose of this appendix is to provide guidance to Bidders on the Commonwealth Standard forms to be submitted (in addition to the other forms and documents required) and how they must be executed and submitted. Please note that these instructions are meant to supplement the Instructions found on each of these forms. It is advisable to print this document first so that it may be referenced when filling out these forms.

Some of the forms listed below can be electronically signed by the Bidder, see Electronic Signatures. However, online Bidders must, if notified of Contract award, submit the following four (4) forms on paper with original ink signatures unless otherwise specified below, within the timeframe referenced in the RFR section entitled Ink Signatures: the Commonwealth Standard Contract Form, the Commonwealth Terms and Conditions, the Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) and the Contractor Authorized Signatory Listing.

6.1 Commonwealth Standard Contract Form

Sign electronically as described above; if notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

By executing this document or signing it electronically, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation by the SST. Also, the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by the Operational Services Division and included as part of the Contract upon execution of this document by the State Purchasing Agent or his designee.

If the Bidder does not have a Vendor Code beginning with “VC,” or does not know what their Vendor Code is, the Bidder should leave the Vendor Code field blank. The Bidder should NOT enter a Vendor Code assigned prior to May 2004, as new Vendor Codes have been assigned to all companies since that time.

Signature and date MUST be handwritten in ink, and the signature must be that of one of the people authorized to execute contracts on behalf of the Contractor on the Contractor Authorized Signatory Listing (See below).

6.2 Commonwealth Terms and Conditions

Sign electronically as described above; if notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If the Bidder has already executed and filed the Commonwealth Terms and Conditions form pursuant to another RFR or Contract, a copy of this form may be included in place of an original.