Timber_Crossties_RFRFinal.docx

COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

RAIL DIVISION

REQUEST FOR RESPONSE

DOCUMENT TITLE: TIMBER CROSSTIES

COMMBUYS Bid#:

Agency Document Number: MDOTBOSTON10

Release Date: AUGUST 20, 2014

This Procurement is accordance with the World Trade Organization Procurement Agreement Please Note: This is a single document associated with a complete Solicitation that can be found on CommBuys. All Bidders are responsible for reviewing and adhering to all information, forms and requirements found in all tabs and related forum records for the entire Solicitation. To locate the Solicitation associated with this document, go to http://www.commbuys.com/bso, select the “Search for solicitations” link, enter the above Document Number in the “Document Number” field, and select the “Search” button. Bidders who need help regarding CommBuys navigation may refer to the CommBuys Resource Center at http://www.commbuys.com/bso for documents and guides. Bidders may also contact the CommBuys Helpdesk at http://www.commbuys.com/bso or the CommBuys Helpline at 1-888-MA-STATE. The Helpline is staffed from 7:30 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

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TABLE OF CONTENTS

A. OVERVIEW

The Massachusetts Department of Transportation (MassDOT) rail division is soliciting bids for the acquisition of wood timber crossties as described in the technical specification that follows.

These Specifications describe requirements for the procurement of timber crossties to be used on the rail lines owned by the Massachusetts Department of Transportation (MassDOT). Crossties shall meet, in every respect, Specifications of the American Railway Engineering and Maintenance-of-Way Association (AREMA) contained in the Manual for Railway Engineering, Volume 1, Chapter 30, Part 3.

B. RFR GUIDELINES

1. Technical Specification:

GREEN LUMBER

Crossties shall be seven inches deep by nine inches wide by eight feet six inches long (7” x 9” x 8’-6”) with a maximum of 1” wane allowed in the rail bearing area (RBA). A maximum of twenty-five percent (25%) of the entire quantity of ties ordered may be seven inches (7”) by eight inches (8”) in cross-section with no wane allowed in the Rail Bearing Area (RBA). Dimensions specified (depth, width, length and cross-section) are minimum dimensions. Crossties measuring more than 1” deeper, wider or more than 3” longer, at any point, than the specified dimensions shall be rejected.

Crossties shall be manufactured from sound, live hardwood timber, a minimum of 85% oak with the balance from the following species: Ash, Beech, Birch, Cherry or Hard Maple. Felled timber must be delivered to the mill, milled within dimensional specifications and transferred to the treatment facility in a timely fashion so as to avoid wood fiber infections.

Crossties shall be straight, well sawn on four sides, cut square on the ends, have the top and bottom sides parallel and have the bark completely removed on all sides. All crossties shall be free from the following defects:

· Decay – Crossties that show decay of any nature and show stain from being left in the log for too long of a period of time will be rejected. “Blue stain” is not decay and is permissible in crossties.

· Holes – Crossties will be rejected for any holes exceeding 1/2” in diameter and 3” deep within the RBA or more than 1/4 the width of the surface on which it is situated and 3” deep outside of the RBA.

· Knots – Crossties with any large knots or numerous small knots with the net effect of a large knot within the RBA will be rejected. A large knot is defined as one whose average diameter is greater than 1/4 the width of the surface on which it is situated.

· RBA – Rail Bearing Area – The area of the tie between 20 inches and 40 inches from its middle.

· Shake – Shakes greater than 1/3 the width of the crosstie will be rejected.

· Slanting Grain – Crossties will be rejected if a slant in the grain exceeds 1:15, except in species with interlocking grain.

· Wane – Excessive wane (defined as 1” and/or as specified by AREMA Chapter 30) will result in rejection of the crosstie.

Anti-splitting gang nail end plates shall be installed on both ends of 100% of the green crossties prior to seasoning. End plates will be applied by a mechanical device capable of squeezing crosstie ends together to eliminate any splits and restore the crossties to their original, milled dimensions prior to application. End plates to be manufactured from 18-gauge hot-dipped galvanized steel plate, with nail teeth at least 3/8” long capable of penetrating oak to their full depth. End plates shall be 6” x 7” and centered on the ends of the crossties. End plates shall be embossed along the plate on both 7” sides in letters a minimum of one-eighth of an inch (1/8”) in height. Embossing shall include the following:

Mass Dept of Transportation – MADOT The last two digits of the year treated – 14 Crosstie producer’s name or symbol – XX Co.

The identification brand on the end plate should appear as: MADOT-14-XXCo. and shall be positioned along the plate on the 7 inch side.

SEASONING

Crossties shall be air-seasoned prior to preservative treatment. Crossties shall be stacked in accordance with AREMA recommendations from the Manual of Railway Engineering, Volume 1, Chapter 30, Article 3.5.6.2. Crossties shall be air-seasoned for at least 12 months and for no longer than 18 months, until the moisture content of the timber is reduced to a level of 45% or less.

As an alternate to air-seasoning, the Boulton drying process may be used to condition and dry the green timber. The Boulton process may not be used, however, if the green timber has been partially air seasoned in excess of sixty (60) days. The moisture content of the green timber must be determined prior to drying. This value shall be used to calculate the amount of water to be used during the drying process. The Boulton process is to be continued until the moisture removal rate indicates a percent moisture retained equal to a 12 month air seasoned crosstie or a minimum of 45% by weight.

PRESERVATIVE TREATMENT

Seasoned wood shall be treated in accordance with the requirements of the AREMA Manual for Railway Engineering, Volume 1, Chapter 30, Article 3.7. Treatment shall consist of an application of a 60/40 creosote coal tar solution, applied under pressure, yielding a minimum of seven (7) pounds retention or refusal per cubic foot of timber treated.

INSPECTION OF CROSSTIES

Crossties must be inspected as specified in the AREMA Manual for Railway Engineering, Volume 1, Chapter 30, Part 3. Inspection and testing shall be done in accordance with AREMA Specifications prior to crosstie shipment by an individual or individuals with a minimum of five (5) years’ experience inspecting and certifying the manufacture and treatment processes of timber crossties.

Inspections protocols will be conducted as follows:

1. Green crossties shall be inspected and certified at the time of delivery, prior to seasoning.

2. Seasoned crossties will be subjected to inspection, prior to treatment, by examination of the top, bottom, side and end faces of each crosstie. Crossties are to be graded independently, not in association with other lots.

3. Seasoned crossties shall be inspected by taking a minimum of twenty (20) boring cores per treatment charge to determine if the specified drying level has been achieved. Boring cores shall be taken midway between the ends of the crosstie. Three inch (3”) diameter boring cores shall be taken to evaluate moisture content.

4. Following treatment, crossties shall be inspected for specified treatment solution penetration by taking a minimum of twenty (20) boring cores per treatment charge.

5. Treated crossties will be inspected upon delivery and prior to installation by MassDOT and/or its designated representative.

SUBMITTALS

Prior to shipment of crossties, the crosstie manufacturer shall submit inspection reports certifying that all required tests and inspections (by inspection protocols) have been made and that the crossties being shipped are in full compliance with AREMA specifications and as specified herein.

SHIPMENT

Crossties shall be bundled in groups of twenty-four (24) pieces, in a configuration of four (4) rows of six (6) on edge, banded with two (2) heavy duty plastic or steel bands; or in groups of twenty (20) pieces, in a configuration of five (5) rows of four (4) on edge, banded as above. Size of bundles shall be confirmed in writing to MassDOT prior to shipment. Bundles of crossties shall be placed atop wood dunnage on the bottom of the transportation vehicle and between tiers to facilitate unloading.

All Goods/Services purchased from the contractor(s) will be successfully delivered to the appropriate locations FOB. The term FOB shall mean delivered and unloaded in-house or on-site, at contractor risk, with all charges for transportation and unloading prepaid by the contractor. MassDOT will not process payment for any freight delivery or other handling charges.

CONDITIONS OF ACCEPTANCE

Crossties that do not fully meet the requirements of these Specifications shall be rejected and replaced at no additional costs to MassDOT. Cause for rejection shall include, but not be limited to: under- dimension crossties (seasoned and treated crossties must measure a minimum of 7” x 8” and comprise no more than 25% of the total population in the order); the balance of the population (seasoned and treated) must be no more than 1/4” under-dimension from nominal size (7” x 9”); crossties not meeting straightness criteria or having excessive (defined under GREEN LUMBER in these specifications) checks, splits, wane, knots, etc.; any damage to crossties occurring during transport and/or handling prior to acceptance by MassDOT. Improperly applied or loose anti-splitting devices are also grounds for rejection if they are not repairable (at the crosstie supplier’s expense) to the satisfaction of MassDOT. Any crossties rejected by MassDOT shall be segregated from the rest of the order and arrangements made by the supplier to band them in bundles for return and replacement. All costs associated with the pick-up, banding, shipment and replacement of defective ties are the responsibility of the supplier.

2. Requirements:

The total quantity of wood timber crossties will be sixty thousand (60,000). The total is to be divided and shipped to six (6) locations as follows:

Deliveries need to start March 1, 2015 at a rate of five thousand (5,000) per week.

2.1. Acquisition Method:

This will be an outright purchase contract for goods and services.

2.2. Single or Multiple Contractors:

This will be a single vendor award.

2.3. Use of a procurement by a single department:

This is single department procurement and can solely be used by the Massachusetts Department of Transportation.

2.4. Anticipated duration of contract including renewal options:

The duration of the contract will be for two (2) years. The estimated start date of the service is March 1, 2015. Awarded prices shall be firm for the entire 2 year Contract Duration.

2.5. Cancellation of Contract:

MassDOT reserves the right to terminate contracts upon a thirty day written notice or, terminate contracts IMMEDIATELY if the contractor does not conform to the terms and conditions of the contract or breaches any material element of the contract. Additional costs to MassDOT due to procurement and/or purchase from alternate sources shall be the liability of the Awarded Contractor.

2.6. Procurement Calendar:

Online Quote Submission Begins.

Due Date for Responses (Bid Opening): Thursday, October 02, 2014 at 3:00 PM EST Proposal Review Completion: October 09, 2014 Contract Award Date (Estimate): October 16, 2014.

2.7. Instruction for Submission of Responses:

Bid Response Method All Bids must be submitted in CommBuys

How to Submit a Bid Response All Bidders may begin creating and compiling response materials as soon as the Solicitation containing files on the Forms & Terms tab and the Specifications tab is in an OPEN document Status. When submitting response materials prior to the Solicitation Close Date, the ability to upload documents is only available to active CommBuys account holders after the Solicitation Amendment Deadline has passed. Once the Solicitation Close Date and Time has passed, interested Bidders will be unable to submit a Response online.

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 and select the CommBuys Resource Center link offered within the Conduct a Procurement menu.

Email: Send inquiries to the CommBuys Helpdesk at commbuys@state.ma.us

Telephone: Call the CommBuys Helpline at 1-888-MA-STATE (1-888-627-8283). The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Bid Response Deadline All Bids must be received, in CommBuys, by MassDOT before the specified date, month, year and time displayed on the Solicitation’s Summary page within the Close Date field. Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential delays such as internet or other issues. MassDOT is not responsible for delays encountered by Bidders or their agents.

Bid Package Bidders submitting bids must reference “MDOTBOSTON10” on all submitted bid documents.

Questions The CommBuys Q&A section is the opportunity for Bidders to ask written questions and receive written answers from the Procurement Management Team (PMT) regarding this Solicitation. All Bidders’ questions must be submitted through the Q&A Tab in CommBuys (See “Locating the Q&A section,” below). Questions may be asked only between the “QA Start” and “QA End” dates, specified in the RFR Procurement Calendar.

Please note that any questions submitted to the PMT using any other medium (including those that are sent by mail, fax 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 immediately 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 PMT 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 Solicitation.

Only written response(s) posted on the CommBuys Q&A section which has been “finalized” will be binding on the Commonwealth.

Locating the Bid Q&A section (Question and Answer) 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.

Attachments

The following list of attachments includes documents that must be submitted with your proposal. A bidder’s failure to include these items in the proposals will cause the proposal to be determined to be non-responsive and the proposal will be rejected. The additional attachments are not required to be submitted with your RFR response, however, you are required to adhere to all clauses and terms and conditions. Additional attachments will be incorporated during contract execution, should your bid be selected.

Attachments Required with Qualifications Statement Submission:

· Bidder Response Form (multiple forms in 1 document)

Additional attachments: To be completed upon Award of Contract:

· MassDOT Standard Contract Form

Bidders must provide a Cost Proposal Form (quotation) as an attachment to this RFR. Failure to provide the Cost Proposal Form may result in the proposal being deemed non-responsive and rejected.

For evaluation purposes, the Cost Proposal consists of proposed total unit cost to provide the requested equipment in this proposal. The cost proposal must include two pricing options; one for delivery by truck and one for delivery by rail. Pricing listed on this RFR must include all delivery costs. Product delivery and liability remains with the Vendor until the products are properly delivered and signed for by MassDOT.

MassDOT is a tax exempt entity, tax exempt form to be provided to vendor upon award of a contract.

Bidders who signed these forms electronically via CommBuys online submission tools must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders 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.

It is the responsibility of the Bidder to ensure that its proposal submission is received by the stated deadline. All RFR Responses will be logged as to the date and time received and kept on file.

Only electronic RFR Responses may be submitted in response to this RFR.

All instructions contained herein must be strictly followed.

Accuracy and completeness are essential. Omissions and ambiguous or equivocal statements will be viewed unfavorably and will not be considered in the evaluation.

MassDOT reserves the right to reject any RFR Response that does not meet these requirements.

2.8. Evaluation of Responses:

All proposals will be reviewed for responsiveness and then evaluated by the selection committee using the criteria set out herein:

Cost Proposal Experience and Qualifications SDP Plan

MassDOT further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of the Commonwealth. MassDOT reserves the right to reject awarding a contract due to unacceptable past performance by a contractor.

C. RFR REQUIRED SPECIFICATIONS

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

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

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

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

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

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

1. Any amendments, addenda or modifications to this Bid, and

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

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

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

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

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

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

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

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

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

Supplier Diversity Program (SDP) Resources:

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

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

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

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

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

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

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

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

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

Debriefing: Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful Bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS Bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments. Required for POS Only. Not applicable to non-POS Bidders. Non-successful Bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD. Required for POS Only. Not applicable to non-POS Bidders. Non-successful Bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

1. The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or

1. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the Bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services Division shall not prohibit the department from proceeding with executing contracts.

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

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

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

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

Environmental Response Submission Compliance: In the event that paper submissions are required and in an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all required paper responses that are submitted should comply with the following guidelines:

1. All copies should be printed double sided.

1. All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

1. Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

1. Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

1. Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, Bidders should note which products in their responses are made with recycled materials.

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

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

Filing Requirements: Required for POS Only. Not applicable to non-POS Bidders. Successful Bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract can be executed and services may begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

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

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

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

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

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

Provider Data Management: Required for POS Only. Not applicable to non-POS Bidders. The Executive Office of Health and Human Services (EOHHS) has established a Provider Data Management (PDM) business service that is integrated into the Virtual Gateway. PDM is accessible by providers with current POS contracts. Departments may require that Bidders with current POS contracts submit certain RFR-required documents through PDM. These documents have been specified in the RFR. When submitting documents via PDM, Bidders are required to print and sign a PDM Documentation Summary. PDM users should verify that all information is accurate and current in PDM. Bidders are required to include the signed PDM Documentation Summary in their RFR response.

Public Records: All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

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.

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.

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