This is the RFR Document- AGR-OnlineExamsFY20.pdf

Massachusetts Department of Agricultural Resources- MDAR

REQUEST FOR RESPONSE

P a g e 1 | 21

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

MASSACHUSETTS DEPARTMENT OF AGRICULTURAL RESOURCES

251 CAUSEWAY STREET, SUITE 500

BOSTON, MA 02114-2151

Request for Response (RFR)

AGR-OnlineExams-FY20

Issued: May 11, 2020

The Massachusetts Department of Agricultural Resources (MDAR) seeks applicants to for the acquisition of a company that can provide various exams administered online.

Responses must be received online, via COMMBUYS By 2PM on Friday, May 29, 2020

Contact: Robert Monahan Email: robert.monahan@mass.gov

Telephone: 617-626-1765

P a g e 2 | 21

Procurement Summary:

Purchasing Department Massachusetts Department of Agricultural Resources- MDAR Address 251 Causeway St, Suite 500 Boston, MA 02114-2151 Procurement Contact Robert Monahan Telephone & Fax Number 617-626-1765-T 617-626-1850-F E-Mail Address robert.monahan@mass.gov

RFR Name/Title AGR-OnlineExams-FY20

1. Description or Purpose of Procurement:

The Massachusetts Department of Agricultural Resources (“MDAR”) seeks applicants for the acquisition of a company that can provide various exams to be administered online.

The initial examinations shall be for Pesticide Licensing, but the Department may utilize this Contract for future topics if they arise.

2. Specifications

a. Performance Standards

The vendor shall provide services that allow for an individual (“Examinee”) to take a Department exam (“Exam”) online

The online service shall include safety precautions ensuring the integrity of the exam questions along with ensuring the examinee is the individual who signed up for the Exam.

Safety Precautions during the Exam shall include at a minimum the following:

- Identification screen using facial recognition;

- Proctoring of the Exam;

- Room screens to ensure there is no one else in the rooms;

- Artificial Intelligence (AI) or live capabilities to recognize possible cheating during the Exam. If AI is used, session must be monitored/reviewed by a live individual to flag actions;

- Limits on examinee actions when taking the Exam (no screenshots, more than one window open etc.);

- Exam is timed;

- The Vendor shall have a platform that holds exam questions;

- The Vendor shall have the ability to collect fees or “shut off fee collection”;

- Expeditious turnaround time to receive exam results, preferably within twenty-four

24 hours, unless other timelines are agreed upon by the Department depending on the type of Exam or Situation.

P a g e 3 | 21

b. Service Requirements

- The vendor shall deliver the Exam to the Examinee and provide instructions explaining how to take the Exam along with any other information the Department deems necessary.

- The Vendor shall proctor the entire Exam for every Examinee.

c. Distribution of Reports:

- The Vendor shall provide Exam results within the agreed upon time.

- Should there be a request for the Examinee’s results or reports, the Vendor shall be able to deliver a report which indicates which questions were answered incorrectly.

- Additionally, the vendor should be able to deliver reports which indicate if a particular question on the exam is often answered incorrectly.

3. Applicable Procurement Law

Check Type of Purchase Applicable Laws ☒ Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 ☐ Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815 CMR 2.00

4. Bid Calendar Type:

Check Type Description

☒ Standard Procurement will not be reopened after the Bid Opening Date (Response deadline date)

☐ Open May be reopened at a time and for a duration as deemed necessary by the Department

☐ Rolling Submissions will be accepted during the entire contract period

5. Acquisition Method:

Check Acquisition Category ☒ Fee-For-Service ☐ Outright Purchase ☐ Other:

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

Check Number of Contractors ☒ Single Contractor Target Number of Contracts One Contract will be Awarded ☐ Multiple Contractors Target Number of Contracts No Maximum

a. Adding Contractors after initial Contract Award: The Department may award more or fewer contracts, if it is in the best interest of the Commonwealth to do so.

7. Entities Eligible to Use the Resulting Contract Check Limited User Contract- Eligible Entities/Agencies

☐ Restricted to Use by Issuing Entity Only:

• MDAR- Department of Agricultural Resources

P a g e 4 | 21

Restricted to Use by Defined Entities Only:

• MDAR- Department of Agricultural Services and

• SRB- State Reclamation & Mosquito Control Board

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

Contract Duration

Number of Options

Number of Years Details

Initial Duration 1 Year Up to 1 Yearfrom Contract Effective date through June 30, 2021

Renewal Options

2 Options to Renew 3 Years

2 option to renew for 3 Years each.

• July 1, 2021 to June 30, 2023

• July 1, 202 to June 30, 2025

Total Possible Maximum

Contract Duration 5 Years

Up to 1 year for the Initial Term plus two options to Renew for an additional two (2) years each, if Department so chooses. Any Agreement or Renewal under this RFR will end on June 30, 2025

9. Anticipated Expenditures, Funding or Compensation:

Check: Compensation Type

☐ Maximum Obligation Contract ☒ Rate Contract- Contract will NOT have a Maximum Obligation

Estimated Value of Procurement: $ TBD

The funding for any contract resulting from this procurement is conditioned upon approval and receipt of Departmental funds (bond/grant/federal/other).

10. Contract Performance, Business Specifications:

MDAR seeks to deliver the best value to facilitate our needs. However, it is important to monitor the contractor’s performance to ensure the contract complies with what has been requested and what the contractor has offered in this RFR. The following performance areas will be subject to monitoring:

1. Timely Delivery (Commodities, Services, Reports, Billing, etc.);

2. Responsiveness to Departmental Inquiries;

3. Quality of Deliverables (Commodities, Services, Reports, etc.);

4. Performance Targets/Benchmarks (Quantities, Outcomes, etc.); and

5. Required licensing is in good standing.

Failure to meet performance requirements above may result in suspension or termination from contract.

Bidders must submit a complete RFR response package electronically in COMMBUYS to include:

• Price information

• Company Background

P a g e 5 | 21 o Business background o Years in business o Company Org Chart

• Business References (Provide up to 3) o Largest state government customer o Largest customer in MA

• Overview of training content author/developer to include expertise

• Outline of available training modules and customization that can be made to meet the

Department’s requirements

• Information on aspects of training content relevant for employees and content relevant to supervisors

• Ability to meet WCAG 2.0 accessibility standard

• Plan to meet required Customer Support needs outlined in Sections B & C, including but not limited to:

o Online and PDF versions o Setting up accounts for individual users o Deactivating accounts for users who completed paper-based version o Staffing plan to meet volume of incoming support calls and emails o Setting up and distributing reminder emails o Process for providing compliance reports or providing access to this information

The response must include instructions for the Commonwealth to log into the training to test the content and accessibility.

All attachments listed below are required by this RFR and must be completed and uploaded to COMMBUYS with the vendor proposal.

11. Contract Invoicing, Payment, Terms and Tax Exemption:

Payment through Electronic Funds Transfer is required by the Commonwealth for any contract awarded through this solicitation. COMMBUYS Bid Solicitation for this form.

In accordance with Commonwealth policies, the Department cannot pay in advance for services.

Payments shall be made after services have been rendered, once invoice is received.

All invoicing and payments must be made in accordance with the Commonwealth’s Bill Payment Policy. Unless otherwise specified at the time of a rental, all invoices should be submitted to the individual that placed the rental order. Vendors shall be responsible for providing accurate backup documentation with each invoice.

In addition, unless a vendor provides a Prompt Payment Discount (PPD) for early payment, payments for services will not be released by the Commonwealth until 45 days after services are https://massfinance.state.ma.us/VendorWeb/eftRegisterfrm.asp

P a g e 6 | 21 rendered (“service to” date) or the date the department receives an invoice, whichever is the latter date.

Tax Exemption: Contractors may not charge state taxes (including sales tax) to any Commonwealth agency. Contractors may request a tax-exempt certificate from the Department.

Commonwealth Terms & Conditions: Vendors may submit a copy of their standard agreement or terms and conditions for review and to be incorporated. However, the Commonwealth of Massachusetts Terms & Conditions supersede any vendor’s terms and conditions and all vendors are required to agree to the Commonwealth of Massachusetts Terms & Conditions as a condition of contracting with the Department by signing the Commonwealth Standard Contract Form.

Prompt Payment Discounts (PPD). All contractors/vendors doing business with the Commonwealth must provide a Prompt Payment Discount (PPD) for receiving early payments unless the Contractor/vendor can provide compelling proof that providing a prompt pay discount would be unduly burdensome.

12. Small Business Purchasing Program

This is a Small Procurement targeted to verified small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to award a contract to one or more SBPP-participating businesses verified through COMMBUYS who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, the Department may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp .

11. Supplier Diversity Plan (SDP) Commitment Check Size of Procurement SDP Commitment

Small Procurement (</= $150,000) Submission is encouraged but not required for this procurement Large Procurement (> $150,000) Submission is required for this procurement

Partnerships with certified diverse businesses: All bidders are encouraged to make a significant financial commitment to partner with certified diverse businesses (M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and/or LGBTBEs) certified or verified by the Supplier Diversity Office (SDO).

Bidders may identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract. For more information regarding the Supplier Diversity Program, please read Appendix A – RFR Required Specifications.

13. Environmentally Preferable Products 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 http://www.mass.gov/sbpp

P a g e 7 | 21 impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Bid responses must identify how a contractor meets these goals.

14. Evaluation Criteria:

Contractors must submit responses via COMMBUYS and meet all the pre-submission requirements of the RFR. Only responsive proposals that meet the submission requients will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Responses will be evaluated based on:

• Pricing

• Service Area

• Years of experience

• Qualifications

• References

15. Instructions for Submission of Responses:

1. Interested Vendors should review all documents in the RFR Attachments section.

2. Vendor should create their proposal document detailing all required information from the RFR as well as any additional information that may help in understanding their capabilities. Proposal should be saved in a Word or PDF format to be attached to your on-line Quote submission.

3. Vendor will then need to submit formal quote in COMMBUYS. Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning COMMBUYS and how to submit a Quote, please see Appendix B & C. Department contact can assist with questions concerning COMMBUYS.

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.

P a g e 8 | 21

16. Estimated Procurement Calendar

Release of this RFR/Bid May 11, 2020 Application Due Date (Bid Opening Date in COMMBUYS) May 29, 2020 by 2PM

Estimated Notification of Selected Vendors June, 2020 Estimated Contract Start Date July 1, 2020

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

a. Estimated Contract Start Date: The actual start date will be the Contract Effective Date which is the date the Department countersigns the Standard Contract form.

17. Required Forms Responses to this RFR must contain the following documents and bidders should review all additional attachments as noted below.

Check Form/Document Notes/Instructions

☒ Vendor’s Proposal Document (Word, Excel or PFF) *Must be submitted with response ☒ Prompt Pay Discount Form *Must be submitted with response ☒ Supplier Diversity Program (SDP) Plan Commitment Form #1 *Must be submitted with response ☒ Business References *Must be submitted with response ☐ Standard Contract Form and Instructions **Review only ☐ Contractor Authorized Signatory Listing **Review only ☐ MA W-9 Form Taxpayer Identification Number & Certification **Review only ☐ Authorization for Electronic Funds Transfer **Review only ☐ Environmentally Preferable Products/Practices Form ***When appropriate

* Required to be submitted with your COMMBUYS Quote **Review all now for Terms & Conditions. Wet Ink Signatures Required only if awarded a contract) ***Complete when instructed based on type of Procurement

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

(WWW.COMMBUYS.COM).

18. RFR Attachments: Complete Attachment A, and see Appendix A, B, C, http://www.commbuys.com/

P a g e 9 | 21

APPENDIX A:

OPERATIONAL SERVICES DIVISION

RFR - REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES

Revision Date: June 6, 2016

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

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

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

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

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

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

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

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

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

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

and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html

P a g e 10 | 21 required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

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

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

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

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

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

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

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

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

SDP Plan Form #/Name Submitted By When Submitted SDP Plan Form #1 – SDP Plan Commitment

All Bidders With Bid Response

SDP Plan Form #2 – Declaration of SDP Partners

Newly Awarded Contractors

Within 30 days of contract execution

SDP Plan Form #3 – SDP Spending Report

Contractors Within 45 days of the end of each quarter http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/conduct-a-procurement/commbuys/quick-click-resource-center.html http://www.mass.gov/governor/legislationexecorder/execorders/executive-order-no-565.html

P a g e 11 | 21

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

Supplier Diversity Program (SDP) Resources: Bidders may refer to the SDP Resources for Vendors and Contractors webpage for additional program information, training and compliance resources.

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

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

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

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

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

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

https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp#program-resources-for-bidders-and-contractors-https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp#program-resources-for-bidders-and-contractors-

P a g e 12 | 21

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc).

Click on MASSfinance.

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

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

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

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

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

http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html http://www.mass.gov/osd https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc http://www.mass.gov/eohhs/gov/departments/dph/programs/community-health/mass-in-motion/about-mim/components/tools-and-resources-for-executive-order-509.html http://www.mass.gov/eohhs/gov/departments/dph/programs/community-health/mass-in-motion/about-mim/components/tools-and-resources-for-executive-order-509.html

P a g e 13 | 21

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

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

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

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

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

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

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

P a g e 14 | 21

RFR - REQUIRED SPECIFICATIONS FOR INFORMATION TECHNOLOGY

Revised: October 25, 2019

Information Technology. Required for Information Technology contracts. All IT systems and applications developed by or for Executive department agencies or operating within the Massachusetts Access to Government Network (MAGNet) must conform with the Enterprise Information Security Policies and Standards promulgated by the Secretary of the Executive Office of Technology Services & Security (EOTSS).

Non-conforming IT systems may not be deployed unless the purchasing agency and their contractor(s) have jointly applied for and received in writing from the Secretary of EOTSS or the Secretary’s designee, notice that a specified deviation will be permitted. The Enterprise Information Security Policies and Standards are available at https://www.mass.gov/handbook/enterprise-information-security-policies-and-standards.

Additional policies, standards, and requirements that do not conflict with the Enterprise Information Security Policies and Standards may apply and shall be made available to Bidders by the purchasing agency.

Please Note: Given the pace of information technology innovation, purchasing agencies and their contractors are required to contact EOTSS to signal a system or application design and development initiative. Such advance notice helps to ensure conformance with the relevant Enterprise Information Security Policies and Standards.

Contractor delivery of IT systems and applications that fail to conform to the Commonwealth’s Enterprise Information Security Policies and Standards, absent the Secretary of EOTSS’s grant of written permission for a deviation, shall constitute breach of contract. The Commonwealth may choose to require the contractor, at no cost to the Commonwealth, to re-engineer the non-conforming system for the purpose of bringing it into compliance with Commonwealth Enterprise Information Security Policies and Standards.

Information Technology - Clarification of Language in Section 11, Indemnification of the Commonwealth Terms and Conditions. Required for the following object codes within the “Expenditure Classification Handbook” as issued by the Office of the Comptroller:

OBJECT CODE TITLE

U01 TELECOMMUNICATION SERVICES DATA

U02 TELECOMMUNICATION SERVICES VOICE

U03 SOFTWARE AND INFORMATION TECHNOLOGY (IT) LICENSES

U04 INFORMATION TECHNOLOGY (IT) CHARGEBACK

https://www.mass.gov/handbook/enterprise-information-security-policies-and-standards https://www.mass.gov/handbook/enterprise-information-security-policies-and-standards

P a g e 15 | 21

OBJECT CODE TITLE

U05 INFORMATION TECHNOLOGY (IT) PROFESSIONALS

U06 INFORMATION TECHNOLOGY (IT) CABLING

U07 INFORMATION TECHNOLOGY (IT) EQUIPMENT

U08 INFORMATION TECHNOLOGY (IT) EQUIPMENT TELP LEASE-PURCHASE

U09 INFORMATION TECHNOLOGY (IT) EQUIPMENT RENTAL OR LEASE

U10 INFORMATION TECHNOLOGY (IT) EQUIPMENT MAINTENANCE AND

REPAIR

U75 ADVANCE ADMINISTRATIVE EXPENSES

U98 REIMBURSEMENT FOR TRAVEL EXPENSES FOT IT PROFESSIONALS

Pursuant to Section 11. Indemnification of the Commonwealth Terms and Conditions, the term “other damages” shall include, but shall not be limited to, the reasonable costs the Commonwealth incurs to repair, return, replace, or seek cover (purchase of comparable substitute commodities and services) under a contract.

“Other damages” shall not include damages to the Commonwealth as a result of third-party claims, provided, however, that the foregoing in no way limits the Commonwealth’s right of recovery for personal injury or property damages or patent and copyright infringement under Section 11 nor the Commonwealth’s ability to join the contractor as a third-party defendant. Further, the term “other damages” shall not include and, in no event shall the contractor be liable for, damages for the Commonwealth’s use of contractor-provided products or services, loss of Commonwealth records, or data (or other intangible property), loss of use of equipment, lost revenue, lost savings, or lost profits of the Commonwealth. In no event shall “other damages” exceed the greater of $100,000, or two times the value of the product or service (as defined in the contract scope of work) that is the subject of the claim. Section 11 sets forth the contractor’s entire liability under a contract.

Nothing in this section shall limit the Commonwealth’s ability to negotiate higher limitations of liability in a particular contract, provided that any such limitation specifically must reference Section 11 of the Commonwealth Terms and Conditions.

P a g e 16 | 21

Appendix B:

How to register, navigate and prepare for submissions via COMMBUYS

Proposal Submission Method Online Proposal Submission via COMMBUYS is required.

All Respondents must submit Proposals online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge.

To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Respondents who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

COMMBUYS Proposal Submission Training and Instructions The following resources are provided to assist Respondents in submitting Proposals:

• Online job aids for navigating COMMBUYS HERE

• Webcast video on Overview of COMMBUYS Registration

• Webcast video on How to Create a Proposal (Quote) in COMMBUYS

• COMMBUYS Help Desk: 888-627-8283 (Open M-F 8am-5pm)

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

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Respondents are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

Bid Opening Date/Time All Respondents are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. OSD and MDAR are not responsible for delays encountered by Respondents or their agents, or for a Respondent’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

Proposal Contents Respondents must comply with the requirements listed in Sections 2 & 3.

http://www.commbuys.com/ https://www.mass.gov/service-details/job-aids-for-vendors https://www.youtube.com/watch?v=9q5I6P7QaBY&list=PLQxGuebEB7jFHjIkXzRqbPs9idSzXeR2r&index=2 https://www.youtube.com/watch?v=IG7XDNk4-U0&index=5&list=PLQxGuebEB7jFHjIkXzRqbPs9idSzXeR2r http://www.mass.gov/osd/commbuys mailto:COMMBUYS@state.ma.us

P a g e 17 | 21

Electronic Signatures Proposals submitted via COMMBUYS must be signed electronically by the Respondent by accepting the terms and conditions of the proposal on the “Terms & Conditions” tab of the proposal in COMMBUYS.

By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the proposal, the submitter attests that s/he is an agent of the Respondent with authority to sign on the Respondent’s behalf, and that s/he has read and assented to each document’s terms.

Ink Signatures Original ink signatures are required only after contracts have been awarded. The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

Standard Contract Form Commonwealth Terms and Conditions Contractor Authorized Signatory Listing Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) Electronic Funds Transfer Sign Up Form

Successful Respondents who agreed to the terms and conditions of these forms electronically via COMMBUYS online Proposal submission tool must still submit the above forms with ink signatures or their contract may not be executed by the Commonwealth. Respondents who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

Limits and Restrictions

File Size Limits The system will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Respondent must save the contents as multiple files.

File Format Restrictions All scanned documents must be in .pdf format, and must be scanned in such a way that they can be read on a computer monitor and printed on 8-1/2” x 11” paper, unless otherwise specified. Forms provided for the Respondent to complete, with the exception of the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

D. 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 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 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

P a g e 18 | 21 about the Bidder’s company or other companies. MDAR 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 MDAR, including requests for clarification. MDAR 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 MDAR to be lost or rejected by any means including email or spam filtering.

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.

P a g e 19 | 21

Appendix C:

Instructions for Vendors Responding to Bids Electronically through COMMBUYS

Introduction COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage.

Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid

7. A new page opens with a message requesting you acknowledge receipt of the bid. Click

Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

P a g e 20 | 21

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

9. The lower half of the page provides information about the specific goods/services the bid is requesting.

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship…