Swill Final RFR~2.pdf

Table of Contents Page i Document Sensitivity Level: Low.

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF PUBLIC SAFETY & SECURITY

DEPARTMENT OF CORRECTION

50 MAPLE STREET, SUITE 3

MILFORD, MA 01757

Request for Response (RFR)

Document Title: Swill

COMMBUYS Bid#: Blanket Bid BD-23-1025-DOCFS-FISCM-84419

Agency Document Number: 23-DOC-1000-FOODWASTE

Issue Date: 3/7/2023

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYSCOMMBUYS (www..com).

Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.govOSDHelpDesk@mass.gov or by phone at 1-888-MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m. Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

Table of Contents Page ii

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.2 Applicable Procurement Law

1.3 Number of awards

1.4 Adding Contractors after initial Contract award

1.5 Eligible Entities

1.6 Acquisition Method(s)

1.7 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract

1.8 Contract Duration

1.9 Estimated Value of the Contract

2 ESTIMATED PROCUREMENT CALENDAR

2.1 Point of Contact

2.2 Questions and Answers Regarding the RFR

2.3 Amendment Deadline

3 SPECIFICATIONS

3.1 Company Experience

3.2 Compensation Structure / Pricing

3.3 Price Adjustment

3.4 Small Business Purchasing Program

3.4.1 Program Background

3.4.2 SBPP Award Preference

3.4.3 SBPP Participation Eligibility

3.4.4 SBPP Compliance Requirements

3.4.5 Program Resources and Assistance

3.5 Supplier Diversity Program

3.5.1 Program Background

3.5.2 Financial Commitment Requirements

3.5.3 Eligible SDP Partner Certification Categories

3.5.4 Eligible Types of Business-to-Business Relationships

3.5.5 Program Flexibility

3.5.6 SDP Plan Form Requirements

3.5.7 Evaluation of SDP Forms

3.5.8 SDP Spending Reports and Compliance

3.5.9 SDP Spending Verification

3.5.10 Program Resources and Assistance

3.6 Environmental Specifications

3.6.1 Executive Order 515, Establishing an Environmental Purchasing Policy

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4 OTHER TERMS

4.1 Department of Correction (DOC) Terms

Prison Rape Elimination Act (PREA)

4.2 Contractors Terms and Conditions

4.3 Reporting

4.4 Contract Management

4.5 Change Notification

4.6 Invoices and Payment

4.7 Performance Measure

4.8 Contract Amendments

4.9 Contract Renewal

4.10 Contract Termination for Convenience

4.11 Contract Termination for Cause

4.12 Insurance

5 AUDIT

6 EVALUATION CRITERIA

7 HOW TO SUBMIT A QUOTE

7.1 COMMBUYS Support

7.2 Environmental Quote Submission Compliance

7.3 Quote Contents

7.4 Withdrawing a Quote

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Alterations

8.1.2 Ownership of Submitted Quotes

8.1.3 Prohibitions

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

8.2.2 Contractor’s Contact Information

8.2.3 Publicity

9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

10 APPENDIX 3 - OTHER SPECIFICATIONS

10.1 No Rights in Third Parties

10.2 Security Clearance

Table of Contents Page iv

10.3 Introduction of Electronic Equipment into DOC Facilities

10.4 Application of Department Rules

10.5 Department of Criminal Justice Information Services (DCJIS) Nondisclosure Agreement

10.6 Media Releases

10.7 Independent Status

10.8 Cooperation Upon Termination

10.9 Cooperation in Litigation

10.10 Indemnification

11 APPENDIX 4 – INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

12 APPENDIX 5 – GLOSSARY AND DEFINITIONS

13 APPENDIX 6 INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

COMMBUYS Support Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day

APPENDIX7 Glossary

RFR #: 23-DOC-9048-FoodWaste / COMMBUYS Bid# BD-23-1025-DOCFS-FISCM-84419

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Department of Correction (the “department / DOC) a division of The Executive Office of Public Safety and Security is soliciting Bidders to initiate a rate-based service agreement between one or multiple vendors to remove pre / post-consumer food waste removal in accordance with Massachusetts Waste Ban Regulations, DEP Waste Ban Requirements 310 CMR 19.017 NOT AVAILABLE ON STATEWIDE CONTRACT.

These services are to be provided to MCI Cedar Junction, MCI Concord, MCI-Framingham, MCI-Norfolk, Shirley Complex, North Central Correctional Center-Gardner, Northeastern Correctional Center-Concord MASAC at Plymouth, and Bridgewater Correctional Complex. The DOC has the right to have these services provided to any other location under the Executive Office of Public Safety and Security

1.2 Applicable Procurement Law

This Bid is issued under the following law(s):

MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.3 Number of awards

The target maximum number of Contractors is 5. This is a target number; the Strategic Sourcing Services Team (SSST) may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

1.4 Adding Contractors after initial Contract award

If, over the life of the Contract, the SSST determines that additional Contractors should be added, these may first be drawn from qualified companies that responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously. The Department will not accept new bids that are received less than 6 months away from the maximum end date of the solicitation. The Department makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR

1.5 Eligible Entities

Any contract resulting from this Bid will be open for use to the Issuing Entity (DOC) and all agencies under the oversight of the Executive Office of Public Safety and Security (EOPSS). This is a Non-Statewide/Limited User Contract

Each of these Commonwealth Agencies will be responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this contract.

1.6 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchases and Fee for Service. This is a rate contract, which will be utilized on an as needed, as required basis. Federal Funds may be used to fund any part of this contract.

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

1.7 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance, or other agreements for services entered during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 12 months after final contract end date. No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance, or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main contract.

1.8 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of Options Number of Years/Months

Initial Duration Up to 1 year

Renewal Options 2 options to renew 2 years each option

Total Maximum Contract Duration 5 years

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

1.9 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is approximately $116,082 annual. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This Request for Response is being procured in compliance with the World Trade Organization for procurements in which the value over the entire duration of the procurement may exceed $498,000.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

The “Estimated Value (US$)” for this Bid was based on the historical spending, which averaged $116,082.00 annually for the last 9 years.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

WTO Announcement On or about 02/13/2023

Bid / RFR Release Date On or about 03/07/2023

Written Questions Opened Upon release of RFR

Deadline for Submission of Bidder Written Questions March 17, 2023, by 2:00 PM

Official Answers for Bid Q&A published (Estimated)

March 23, 2023

Bid Amendment Deadline Bid documents will not be amended after this date.

April 12, 2023

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

Initial Bids due:

April 13, 2023, by 2:00PM Ongoing-Rolling Enrollment bids will be evaluated upon submission

Evaluation of Initial Bid Responses (Estimated)

April 2023

Notification of Apparent Successful Bidder(s) (Estimated)

May 2023

Negotiations (Estimated)

May 2023

Estimated Contract Start Date

August 1, 2023

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.

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.

2.1 Point of Contact

All formal communication during the bidding period shall be only through the designated point of contact and all submissions shall be via COMMBUYS.

The Prime point of contact for this solicitation will be:

SST Leader Name: Julie Kearnan SST Leader Title: Contract Specialist III Email address: Julie.Kearnan@doc.state.ma.us

2.2 Questions and Answers Regarding the RFR

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by the Bidder by pressing the “Bid Q&A” tab for the RFR in COMMBUYS. Responses to requests for clarification or questions will be provided in writing and issued by the Strategic Sourcing Team Leader via COMMBUYS. In addition, the Department of Correction reserves the right to, in its sole discretion, to not answer all questions submitted by Bidders. It is the Bidder’s responsibility to verify the receipt of questions and clarification requests.

Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. Bidders are responsible for entering content suitable for public viewing, since all of the questions will be accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, 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.

2.3 Amendment Deadline

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

Additional required terms appear in the Appendices to this RFR.

The Massachusetts Department of Correction (the “Department” / DOC) > is soli The Commonwealth of Massachusetts, The Department of Correction (the “department / DOC) a division of The Executive Office of Public Safety and Security is soliciting Bidders to initiate a rate-based service agreement between one or multiple vendors to remove pre / post-consumer food waste removal in accordance with Massachusetts Waste Ban Regulations, DEP Waste Ban Requirements 310 CMR 19.017 NOT AVAILABLE ON STATEWIDE CONTRACT.

These services are to be provided to MCI Cedar Junction, MCI Concord, MCI-Framingham, MCI-Norfolk, Shirley Complex, North Central Correctional Center-Gardner, Northeastern Correctional Center-Concord MASAC at Plymouth, and Bridgewater Correctional Complex. DOC has the right to have these services provided to any other location under the Executive Office of Public Safety and Security.

The Department is structuring this RFR for bidders to bid on two defined options: Please identify on response Form A section 2 which option you will be bidding.

Option One:

Bidders must provide barrels for swill removal as defined in the table below. Bidders will be responsible to maintain the barrels free from waste or damage that may result in a fine. When swill is being removed it must be an even swap one to one. For example: remove 3 filled barrels replace with 3 empty, clean , and undamaged barrels. Please identify pricing on Response Form A Section 5.

Option Two:

Bidders are to remove swill as defined in the table below with barrels provided by the Department of Correction. Bidders will be responsible to maintain the barrels free from waste or damage that may result in a fine. When swill is being removed it must be an even swap one to one. For example: remove 3 filled barrels replace with 3 empty, clean , and undamaged barrels. Please identify pricing on Response Form A Section 5.

Site Barrel size (Gal.)

Est. # of Barrels on Each Pickup

Pick Up Weekly

MCI Cedar Junction 55 7 2 X MCI Concord 44 5 2 X MCI Framingham 44 1 1 X MCI Norfolk 55 21 3 X Shirley Complex 44 5 2 X North Central Correctional Center-Gardner 50 26 1 X Northeast Correctional Center-Concord 64 6 1 X MASAC @ Plymouth 55 2 2 X Bridgewater Correctional Complex 55 12 6 X

BIDDERS NOT IN COMPLIANCE WITH OPTION ONE OR TWO WILL BE FINED AS DETERMINED BY THE SST.

THIS IS TO INCLUDE, AND NOT BE LIMITED TOO; ANY FINES INCURRED BY DEP AND/OR MARKET VALUE

REPLACEMENT OF BARRELS.

3.1 Company Experience

Business Background Bidders must submit a brief description of their business and business background on Response Form A, Section 4.1.

Years in Business All Bidders must have been in business for at least 2 years preceding the release date of the RFR for each category that they are submitting a bid.

In the case of vendors which have new Tax ID numbers because of a merger or acquisition, the SST wishes to consider the experience and qualifications of the companies which combined to create the new entity.

In the response to this section, Bidders must identify any changes to the company’s Tax ID which took place because of a merger or acquisition within the past two years. Provide a sufficient description for each merger or acquisition to enable the SST to easily determine the years of experience of the combined entity. This can be documented on Response Form A, Section 4.2.

Industry Experience All Bidders must submit a brief description of their experience in the business of offering goods and services related to (insert description of contract). Bidders must have at least 2 years of experience in business for (insert description of contract). This can be documented on Response Form A, Section 4.1.

Correctional Industries Experience All bidders must list their company’s current and previous business/contracts with all correctional industries programs. It is preferred bidders have at least 2 years’ experience. This can be documented on Response Form A, Section 4.3.

3.2 Compensation Structure / Pricing

The acquisition method(s) to acquire goods and/or services from this Solicitation are fee for service.

Compensation will be based solely on the pricing information provided by the Bidder and accepted by the Department.

Bidders responding to this RFR must complete and return: Response Form A, Section 5.1. Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire time period of the renewal option.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

3.3 Price Adjustment

Any requests for price changes must be submitted prior to the contract renewal to be considered for the renewal period. Any such requests must be accompanied by documentation supporting the reasons for the requested change. The request, written on the Contractor’s letterhead must include: identified price increases and their source and copies of old and new price lists, if applicable, reflecting price changes. The same requirement shall apply to pricing established under any service agreement between an activating entity and a Contractor.

The SST will address price change requests by either negotiating a price change and renewing the contract at the new price or denying the requested price increase and renewing the contract at the previous contract price. The Department will be advised of and will automatically receive the benefit of any price decreases retroactive to the dates of such decreases. It is the Contractor’s responsibility to notify the SST of any such decrease. The SST reserves the right to negotiate price reductions based on increased volume at any point in duration of the contract.

The SST reserves the right to consider price increase requests in emergency situations. The SST decision on whether a specific situation is an emergency is final.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

3.4 Small Business Purchasing Program

3.4.1 Program Background

The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

3.4.2 SBPP Award Preference

While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

3.4.3 SBPP Participation Eligibility

To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts.

2. Been in business for at least one year.

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter.

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

3.4.4 SBPP Compliance Requirements

It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

3.4.5 Program Resources and Assistance

Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage or contact the SBPP Help Desk at sbpp@mass.gov.

3.5 Supplier Diversity Program

3.5.1 Program Background

Pursuant to Executive Order (EO) 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

3.5.2 Financial Commitment Requirements

All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

3.5.3 Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

Minority-Owned Business Enterprise (MBE) Minority Non-Profit Organization (M/NPO) Women-Owned Business Enterprise (WBE) Women Non-Profit Organization (W/NPO) Veteran-Owned Business Enterprise (VBE) Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Disability-Owned Business Enterprise (DOBE) Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

3.5.4 Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

3.5.5 Program Flexibility

The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

SDP Partners are not required to be subcontractors.

SDP Partners are not required to be Massachusetts-based businesses.

SDP Partners may be changed or added during the term of the contract provided the

Contractor continues to meet its SDP Commitment.

3.5.6 SDP Plan Form Requirements

All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory.

After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability:IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable.

While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

A clearly stated purpose or goal.

Specific types of diverse and small businesses targeted.

Which departments/units within the business are responsible for implementing supplier diversity.

Types of opportunities for which diverse and small businesses are considered.

Specific measures/methods of engagement of diverse and small businesses.

An existing internal supplier diversity policy.

Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

Serving as a mentor in a mentor-protégé relationship.

Technical and financial assistance provided to diverse businesses.

Participation in joint ventures between nondiverse and diverse businesses.

Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

3.5.7 Evaluation of SDP Forms

To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

3.5.8 SDP Spending Reports and Compliance

After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S.

Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor's compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO, and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

3.5.9 SDP Spending Verification

The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

3.5.10 Program Resources and Assistance

Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

3.6 Environmental Specifications

3.6.1 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply 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 products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

4 OTHER TERMS

4.1 Department of Correction (DOC) Terms

Because this contract will service state prisons, the Contractor should be aware that emergency situations may occur which could prevent scheduled services to be rendered. In any such case, the Contractor may not be admitted into the applicable institution(s) or on state property, which would not allow the Contractor to perform their service. In these situations, the Contractor will make every effort to return, upon notice by the Department, to perform the scheduled service. In no case, shall the Department be charged for any additional expenses pertaining to these and similar situations.

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

The Department of Correction has zero tolerance towards the sexual abuse of inmates in its custody. All staff members, volunteers, and vendors are required to comply with 103 DOC 519, the Sexual Harassment/ Abuse Response and Prevention Policy (SHARPP), and to report any sexually abusive behavior to the Department immediately. Inmate employers are required to immediately report such behavior to the facility Superintendent.

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

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

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

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

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

Before hiring or promoting employees who may have contact with inmates, the Contractor, as an extension of the DOC, shall abide by § 115.17 Hiring and promotion decisions.

Security and Confidentiality The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers of employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Department of Correction

4.2 Contractors Terms and Conditions

The Department is not obligated and should not complete, sign or execute any contractor or vendor contracts, invoices or other terms and conditions. It must be clearly understood that the Standard Contract Form and the Commonwealth Terms and Conditions supersede any contractor or vendor contracts, invoices or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions are signed, the signed document is immediately considered invalid.

4.3 Reporting

Contractors are responsible for compliance with all other contract reporting requirements, including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

4.4 Contract Management

The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Department’s Contract Manager.

The Department’s Contract Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the Contract manager if the bidder is having trouble obtaining any required attachments electronically through Commbuys. Bidders are prohibited 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 Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFR.

The Department’s Contract Monitor is the Department employee responsible for managing and administering the contract upon award. The Department’s Contract Monitor will be the point of contact for the successful bidder and Contractor concerning day to day operational matters and the performance of duties of the contract.

Contract Manager: Contract Monitor:

Julie Kearnan Brian Fearebay Julie.kearnan@doc.state.ma.us Brian.fearebay@doc.state.ma.us

4.5 Change Notification

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Department’s Contract Manager. In some cases, additional paperwork will be required to effect the change.

Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be done; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

4.6 Invoices and Payment

Itemized invoices shall be sent to the proper office by the Contractor no later than 30 days after completion of services or receipt of goods. The Contractor’s invoices at a minimum shall include the following:

o Name and address of Contractor o Telephone number, fax number, and e-mail contact address o Date of invoice and date of delivery o Name of Department contact person o Prompt payment discount terms o Valid Department of Correction Purchase Order number o Number of barrels removed

All invoices shall be itemized. Itemized invoices shall include a copy of all receipts and any backup documentation. Itemized invoices shall include a complete description for each charge such as number of billable hours, the hourly rate, an explanation and description of the work performed, etc.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed and detailed receipt of deliverables, which includes the department employee signature, may be attached to the invoice.

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

Prompt Pay Discounts Contractors are required to offer prompt pay discounts terms to the Department. Preference or additional points may be given for reasonable offers. If the Contractor offers a prompt pay discount, the discount terms must be clearly indicated on the invoices. The date the prompt payment discount term will begin is the date that the invoice is received and accepted by the Department’s fiscal office or the date of work completion/order receipt, whichever is greater.

Justified Credits Written credits will be issued to the fiscal office no later than two business days upon request. Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices.

Tax Exempt Tax shall not be charged to Executive Branch Departments. The Contractor may request a copy of the Tax Exempt form from the Department.

The Department makes no guarantee that any services will be purchased from any contract resulting from this RFR. The contract resulting from this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the Department.

Prevailing Wage

The Contractor shall adhere to all prevailing wage rate specifications and schedules as determined by the Commonwealth of Massachusetts Executive Office of Labor and Workforce Development and the United States Department of Labor as applicable, and when required.

Contractors are agreeing to these terms by submitting a Response to this RFR.

4.7 Performance Measure

Any and all work performed through the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and according to applicable codes and industry accepted standards. Contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award. Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Purchasers may be surveyed as to their satisfaction with the contractor’s performance under the contract. Contractor performance will also be evaluated based on the number of complaints received from Purchasers. A high number of unresolved complaints will result in a warning to the contractor and may lead to early termination or non-renewal of that contractor’s contract.

Bidders not in compliance with option one or two will be fined as determined by the SST. This is to include, and not be limited too; any fines incurred by DEP and/or Market Value Replacement of Barrels.

4.8 Contract Amendments

The Department reserves the right to amend this contract. The Department may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFR. The

Department reserves the right to negotiate and execute contract amendments with the contractor(s) which the Department determines are necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract. Negotiation would be with the successful Contractor(s) of this RFR. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

4.9 Contract Renewal

Prior to the expiration of the initial duration, the Department will notify Contractors of the Department’s intent to renew the contract. Price changes may be requested at that time if supporting documentation of any increases is provided. Renewal rates will be negotiated at the time of the renewal offer. Contract renewal is contingent upon the Contractor’s ability to perform contractual obligations.

4.10 Contract Termination for Convenience

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department of Correction may, in its sole discretion, terminate this Contract at any time without cause for its convenience (“Termination for Convenience”) by giving written notice to Contractor thirty (30) calendar days prior to the effective date of termination or such other period as is mutually agreed upon in advance by the parties.

If Contractor is not in default or in breach of any material term or condition of this Contract, Contractor shall be paid its reasonable, proper, and verifiable costs, including work performed and accepted up to the date of termination to the extent previous payments made by the Department of Correction to Contractor have not already done so. Such payment shall be Contractor’s sole and exclusive remedy for any Termination for Convenience and, upon such payment by the Department of Correction to Contractor, the Department of Correction shall have no further obligation to Contractor. The Department of Correction shall not be responsible for Contractors anticipatory profits or overhead costs attributable to unperformed work.

4.11 Contract Termination for Cause

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department may terminate a contract if the Contractor breaches any material term or condition or fails to perform any material obligation required by the contract.

4.12 Insurance

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L. c.

258 (which has the same affect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L. c. 29, § 30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own.

The Bidder(s) awarded contracts pursuant to this RFR must have the insurance coverage listed below and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide Certificates of Insurance from their insurance company. Insurance further identified below. Prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide the Department of Correction with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Please see example below. Note: these are examples. Bidders must return Certificates of Insurance applicable to their own coverage.

Certificates of Insurance

Provide copies with response.

Bodily Injury Property Damage Each Person $100,000 Each Accident $100,000 Each Accident $300,000 Aggregate $300,000

5 AUDIT

During the term of this Agreement and for a period of six years thereafter, The Executive Office of Public Safety and Security, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged any agency within, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6 EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders proceed to subsequent stages of the evaluation and/or enter into negotiations with the department to receive a Contract award.

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

Below are the criteria and maximum points available:

Overall

Maximum Points Available

General (applicable for all Bidders) Company Experience 5 Industry Experience 5 Business References 5 Pricing 50 Discounts Offered 20

Sub-Total 85

SDP Commitment Plan (25%) 22

Value Added (Up to 10 points for each)

Total 107

Added Value: (Up to 5 possible points per each added value)

Added Value is determined by the Strategic Sourcing Team (SST). Added Value is discretionary. Added Value could be anything in the proposal that the bidder includes, that in the view of the SST, is above and beyond the requirements of the RFR, and results in a “best value” to the Department and Commonwealth, which the SST determines to be an additional “plus”, and worthy of additional points. The SST determines the number of added value points, if any, on a case by case by basis.

Supplier Diversity Plan (Minimum of 25% Weight) Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 8 and Section 10. Pursuant to Operational Services Division policy, the Bidders SDP must be evaluated at least a minimum of 25% of the total evaluation.

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

7 HOW TO SUBMIT A QUOTE

All Bidders may begin creating and compiling Quote materials as soon as the Bid and all attachments are in the Sent document status in COMMBUYS. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

Bid Response Method Online Bid Submission via COMMBUYS is required.