TravelAgency RFR 2016_EOHED.MOTT_07~1.doc

The Commonwealth of Massachusetts

EXECUTIVE OFFICE OF HOUSING & ECONOMIC DEVELOPMENT

massachusetts office of business development department of housing & community development office of consumer affairs and business regulations massachusetts office of international trade & investments

Massachusetts Marketing Partnership/Massachusetts office of travel & tourism

10 Park Plaza, Suite 4510 – Boston, MA 02116

Request for Response (RFR) Document Title: Travel Agency Reservation Services COMMBUYS Bid Number: BD-16-1100-MMP01-MMP01-00000007267 Agency Document Number: 2016-EOHED.MOTT-07 Issue date: February 24, 2016

Massachusetts Marketing Partnership(MMP)/

Massachusetts Office of Travel & Tourism (MOTT)

Daniela DeCaro, MOTT

Annie Addivinola, EOHED

Camille Passatempo, MOBD

Contents

APPENDICES

1.

BID Scope and DESCRIPTION

1A.

Purpose

The Commonwealth of Massachusetts, Executive Office of Housing and Economic Development (EOHED), Massachusetts Marketing Partnership/Massachusetts Office of Travel and Tourism (MMP/MOTT) are seeking the services of a Massachusetts-based travel agency/organization to provide domestic and international travel reservation services (hotel and air) to the following EOHED agencies and staff.

· Executive Office of Housing and Economic Development (EOHED)

· Massachusetts Office of Business Development (MOBD)

· Massachusetts Marketing Partnership/Massachusetts Office of Travel & Tourism (MOTT)

· Massachusetts Office of International Trade and Investment (MOITI)

· Department of Housing and Community Development (OHCD)

· Office of Consumer Affairs and Business Regulations (OCABR)

· Division of Banks (DOB)

· Division of Insurance (DOI)

· Division of Standards (DOS)

· Division of Professional Licensure (REG)

· Office of Consumer Affairs and Business Regulation (SCA)

· Department of Telecommunications and Cable (TAC)

EOHED’s contact person for each agency will be provided upon awarding of the contract.

1B.

Applicable Procurement Law

MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00

1C.

Number of Awards EOHED intends to award two (2) contracts.

1D.

Acquisition Method The acquisition method to acquire services from this solicitation is Fee for service and reimbursement for authorized expenses.

1E. Alternative Contractor

EOHED reserves the right to enter into a contract with one of the bidders selected as a finalist if, in the event, the Contractor initially chosen does not perform in accordance with the performance criteria, the contract is terminated without cause by either party, or the terms of the final contract cannot be finalized to the satisfaction of EOHED or EOHED agnecies.

1F. Performance and Payment Time Frames Which Continue Beyond Duration of the Contract All term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main contract.

1G. Eligible Entities This procurement is for use by one department/executive office but multiples agencies within EOHED.

1H. Contract Duration

The initial term of this Contract is March 21, 2016 - June 30, 2016. This Contract has three options to renew of up to one year each with a maximum Contract term of four years (including the initial term and all possible renewal options).

1I.

Estimated Value of the Contract

The contracts will have an annual estimated maximum obligation range amount from $10,000 - $50,000.

Estimated Total Contract Range obligation, FY2016 – FY2019

$40,000 – $200,000

Please NOTE: Dollar amounts indicated are only estimates. Contract amounts during the period of the contract may increase or decrease significantly, based upon budget appropriation, availability of funds, and level of services required by EOHED agencies. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Solicitation.

1J.

Budget and Financial Procedures Contractor’s invoices will be paid in US dollars. Changes in currency exchange rates will not result in a change to the maximum contract obligation.

2.

ELIGIBILITY REQUIREMENTS

2A.

Business Capabilities Bidders are considered eligible if they meet the following minimum qualifications:

1. Bidder/Travel Agency must demonstrate that it has a minimum of 5 years travel reservations services experience.

2. Contractor must have a Massachusetts office from which travel management services are provided.

3. Contractor must have the capability to book travel reservations, both domestically and internationally, including international markets in Europe, Asia, South America and any other countries specified by EOHED agencies.

4. Contractor must have experience working with businesses, government agencies, or individuals and/or large groups.

5. Contractor must be a member in good standing with International Association of Travel Agents (IATA).

6. Contractor must document insurance coverage that provides a minimum amount of $100,000 coverage for business liability.

7. Comprehensive knowledge of domestic and international travel industry structure and travel reservation practices and procedures.

8. All account staff working on EOHED agencies business must be fluent in written and spoken English.

2B. Compliance Statement Bidder must complete Bid Document #12 that asserts the bidder is in compliance with all applicable Commonwealth of Massachusetts’ local and state laws and regulations and that, at the time of submitting the RFR, the bidder is not subject to any state or U.S. tax liens.

3. SPECIFICATIONS

3A. Travel Accommodations/Reservation Services

The Bidders must seek out the best itineraries/accommodations to meet EOHED’s agencies requirements and budget. Bidders must book travel reservation services on behalf of each EOHED agency and accurately invoice for travel services provided.

Bidders must demonstrate the ability to assist all EOHED agencies with travel reservations. Any prior knowledge of EOHED’s domestic and international markets/programs will be beneficial.

Any plans to subcontract tasks must be specified in the bidder’s response and will be evaluated by EOHED as part of the proposed services. See Section 4F for restrictions on subcontracting. All subcontractors are subject to approval by EOHED or EOHED agency. The contractor will be responsible for each subcontractor’s performance and work.

3B.

Account and Contract Management

Contractor’s responsibilities will include, but not be limited, to:

1. Contractor must have the ability to provide EOHED agencies with prompt, efficient and accurate travel reservation services and detailed in writing to EOHED requested agency.

2. Identifying the lowest cost options for requested airline or hotel bookings.

3. Contractor must prepare all financial travel invoices and provide EOHED agencies with accurate travel reporting documents/receipts monthly and as requested/determine by EOHED agency. All invoices/documentation will be subject to approval by EOHED agency.

4. In the case of any rescheduling and/or cancellations, Contractor must notify the department/agency who requested the travel immediately and in writing, as well as waive any fees agreed upon by both the Contractor/Travel Agency and EOHED agencies.

5. All predetermined fees will be for the duration of this RFR.

6. Upon request, Contractor must be available to assist, coordinate and accommodate any emergency situations of travel reservations during normal business hours. All unforeseen expenses, will be agreed upon both by Contractor and EOHED agency.

3C.

Account and Contract Management Tasks

In addition to reservations, the Contractor will be responsible for account and contract management tasks, including, but not limited, to:

1. Providing sound fiscal account management and judgment.

2. Providing activity/travel reports upon request.

3. Monitoring travel industry developments that may affect travel plans from domestic or international countries and report on these matters as promptly as possible.

4. ELEMENTS OF PROPOSAL

Bidders responding to this RFR must submit the following elements listed in the Proposal Template in the Attachment Section of this RFR. Material submitted must follow this organizational structure and all parts must be completed to be considered a valid response to this RFR. EOHED reserves the right to request clarification of information submitted and/or to request additional information.

4A.

Eligibility

Response to eligibility requirement as detailed/specified in Section 2, 2A and 2B.

4B.

Description of Your Organization

· General overview and history of company/organization

· Staff Listings - Number of full- and part-time employees and consultants/contract employees and resume(s) of travel agency that will be handling all EOHED accounts. Staff listing should include position titles, as well as contact information (phone, extensions, emails, fax).

· Contractor’s travel policy and procedures – provide EOHED the policy and procedures or your organization for both domestic and international travel accommodations. Please include policy on rescheduling, cancellations, waiving of fees, and resolving of discrepancies regarding invoicing/billing.

· Main Contact Person’s information for this RFR: name, title, phone, email, and fax

4C.

Account Team

Proposed account team: – provide account teams credentials, experience and range of travel services. length of employment, and work status (permanent vs. contract employee). Identify the person who will have primary responsibility for managing the accounts and the person who will be the primary day-to-day contact for all EOHED agencies. Contact Person’s information must include, name, title, phone, email and fax.

4D.

Capabilities Explain how the Contractor’s experience and knowledge makes the travel agency equipped to deliver the best services to EOHED specified in Section 3.

· Proposed template or method form for travel bookings

· Specify any administrative costs and fees that will be charged to EOHED agencies for travel reservations.

· Can be adapted to additional travel related services if requested.

· Is consisted with current/best travel industry practices

· Ties compensation to deliverables

· Please note the actual compensation program will be subject to negotiation.

· Specify any additional fees associated with administrative services.

4E.

FY 2016 (March, 2016 -June 30, 2016) Budget/Compensation Please provide your billings and rates for current year (FY16). Budget should itemize costs in U.S $ for travel reservations as specified in Section 4D and all agency fees and administrative and out-of-pocket costs. Present the proposed staff fee structure in a table that lists all staff members assigned to the EOHED account, hourly rate for each staff member, monthly and annual hours for each staff member, and total annual fee per staff member. All costs will be reimbursed at net cost. Costs will be paid on a monthly, cost-reimbursement basis. Also, a budget should be provided for the remaining duration/years of this RFR.

4F.

Subcontracting Please provide any subcontractors which the Contractor/bidder employs in booking of domestic and/or international travel. Please identify the proposed subcontractor(s): names, locations, credentials, and length of relationship with bidder. Subcontractors are subject to approval by EOHED agencies.

4G.

Travel Agency Clients/Business References Provide a list, if any, of current U.S. clients. EOHED reserves the right to disqualify a bidder if EOHED deems the client(s) to represent a conflict of interest.

Contracts with successful bidders will require bidders to disclose to EOHED any plans to add new U.S. clients. EOHED agencies reserves the right to terminate a contract if EOHED deems the client(s) to represent a conflict of interest.

A minimum of three references, which includes, client’s name, phone number and email address. The clients must have direct knowledge of the bidder’s capability to provide travel reservation services. Provide clients references on the Business Reference Form under the Attachments sections of this RFR (4K, #6).

4H.

Demonstrated Effectiveness

Provide specific information that demonstrates the effectiveness of Bidder’s work within the last 36 months. Provide a limited selection of materials – reports, data analysis, brochures/materials -- that demonstrate the effectiveness of Bidder’s work for clients within the last 36 months.

4I.

Supplier Diversity Program Plan

See Appendix 1. Given that this is an international procurement, the mandatory submission and 10% or more evaluation referred to in Appendix 1 has been replaced by an optional plan with up to 2% of bonus points awarded for submission and evaluation of an SDP plan.

4J.

Environmental Plan

See Appendix 1.

4K.

Contract and Bid Documents

Complete all contract and bid documents in “Attachments” tab:

1. Commonwealth Terms and Conditions

2. Commonwealth Standard Contract Form

3. Contractor Authorized Signature Verification Form

4. Certificate of U.S. Tax Withholding

(W-9)

5. Authorization for Electronic Payments (EFT) – USA Bank only

6. Client’s/Business Reference Form

7. Prompt Payment Discount Form

8. Bidder Disclosure Form

9. Consultant Contractor Mandatory Submission Form

10. Environmental Plan (Refer to Appendix 1)

11. Supplier Diversity Program Plan Form 1 (Refer to Appendix 1; all applicable sections of the form must be completed)

12. Compliance Statement

13. RFR Proposal Template

5. PROCUREMENT SCHEDULE & PROCEDURES

Bid Opening date (deadline for submitting quote): March 8, 3pm EDT Note: this deadline is absolute; COMMBUYS will not except quotes beyond this deadline, regardless of circumstances. EOHED strongly recommends that bidders allow ample time to submit a COMMBUYS quote.

5A. Procurement schedule (subject to change)

Bid Release Date

February 24, 2016

Start date for submitting questions through COMMBUYS “Bid Q&A”

February 24, 2016

End date for submitting questions through COMMBUYS “Bid Q&A”

March 1, 2016

Bid amendment deadline. Bid documents will not be amended after this date.

March 4, 2016

Bid Opening Date (deadline for submitting a quote)

March 8, 3pm EDT

Oral Interviews for selected bidders

Upon request by EOHED

Announcement of awarded Bidder(s) on COMMBUYS

March 15, 2016

Times are Eastern Standard/Daylight Savings (US), as applicable. If there is a conflict between the dates in this Procurement Calendar and dates on the Solicitation’s Summary tab or Forum pages, the dates on the Solicitation’s Summary tab or Forum pages on COMMBUYS shall prevail. Any changes in the Estimated Procurement Calendar which are made after the RFR has been published will not result in amendments to the Estimated Procurement Calendar. Such changes will appear only on the Solicitation’s Summary tab and/or related Forum pages on COMMBUYS. Bidders are responsible for checking the Solicitation’s Summary tab and related Forum pages on COMMBUYS for Procurement Calendar updates.

5B.

Online Bidders’ Forum Prospective Bidders may submit questions regarding this solicitation.

All Bidders' questions regarding the solicitation must be submitted within the timeframe of and only through the publicly accessible electronic Bidder's Forum found on COMMBUYS at www.COMMBUYS.com.

The RFR Procurement Calendar of this RFR will indicate the Online Question Start and End dates of the Forum.

To access the Ask a Question functionality during the Online Question period:

1. Navigate to www.COMMBUYS.com

2. Select the Forums tab from the main navigation bar

3. Select the "Search for Forums" option

4. Enter the Solicitation Document Number (2016-MOTT-06) in the

"Referenced Solicitation Number" field

5. Select the "Search" button

6. The system will return a results link at the top of the "Search for a

Bidder's Forum" page

7. Select the result link

8. Select the View icon (eyeglasses) for the related Solicitation from the list of records returned

9. If the Online Question period is open, the Ask a Question link will be offered

10. Select the link to ask at least one question Alternate Mediums Not Acknowledged: Please note that any questions that are submitted to the PMT via any other medium, including those that are sent via mail, fax, email or voicemail, will neither be accepted nor will the PMT provide a response.

Review Existing Questions: In an effort to reduce the possibility of redundant or duplicate questions, the PMT asks that prospective Bidders review all questions that may have been previously submitted in order to determine whether or not your specific question may have already been asked.

All Questions and Answers Are Visible to the Public: Therefore, all content must be suitable for public view. As such, please do not include any information in your questions, which you would not want to be visible to the public, including information about your company, other companies or information that could be considered inflammatory, incorrect, collusory, etc. 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.

Consolidation: EOHED reserves the right to consolidate similar questions under one answer. Please note that all requests/questions must be submitted via the Bidder's Forum. Only written response(s) posted on COMMBUYS by the PMT will be considered as binding on the Commonwealth.

Only written response(s) posted on a Bidders’ Forum which has been “finalized” will be binding on the Commonwealth. The last entry in a Forum’s Summary tab indicates whether answers are final.

6.

INSTRUCTIONS FOR SUBMISSION OF QUOTE

6A.

Step-by-Step Instructions for Responding to Bid

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 Contractor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Contractor 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

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 via terms

d. Is “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms

It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

12. The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14. The item opens. Input all of your quote information and click Save & Exit.

15. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

16. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

19. The Summary tab redisplays with an updated Status for the quote of Submitted.

20. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us.

If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

6B.

File Specifications & Formats

1. File Naming Conventions Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [ ] some systems apply when files are downloaded from the Internet.

RFR Section or

Response Component Description

Enter in SmartBid during upload File Name

Assign when creating files

Part 4I (Supplier’s Diversity Program Plan) Part 4J (Environmental Plan), and Part 4K (Contract/Bid Documents) should follow the same format as stated above.

a. File Size Limits

The COMMBUYS file upload system is set to limit the size of any single file to 10MB or less. If a single file attachment approaches or exceeds 10MB, the Bidder must save the contents as multiple files and label each accordingly. Bidders should note that transmission over the Internet can change the apparent file size of the document. If a large file smaller than 10MB is rejected, Bidders must break up the file as described above. Note the naming convention used above which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc.

b. Duplicate File Names Not Accepted

Once a file has been submitted, COMMBUYS will not accept another file with the same name. This is the case even with files that are modified or have been withdrawn. If it is necessary to resubmit a file, add an underscore and numeric suffix to the company name, for example, CompanyName_2_FootCat.

File Format Restrictions

All scanned documents must be in .pdf or .gif 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 Bidder to complete, with the exception of the standard Forms located on the Solicitation’s Forms & Information tab, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

7.

GENERAL EVALUATION CRITERIA & SELECTION PROCESS:

Any response, regardless of the submission formats specified, that fails to meet a mandatory specification of this RFR may be found non-responsive without further evaluation unless EOHED, in its discretion, determines that the non-compliance is insubstantial, can be corrected, or that an alternative proposed by the bidder is acceptable.

Written proposals will be reviewed by the Performance Management Team (PMT) to determine whether they meet all the eligibility requirements, specified in Section 2. The PMT will then evaluate eligible bids, based upon the following criteria:

· Bidder’s (and subcontractor’s, if any) credentials, experience, and strengths (4B, 4F)

· Credentials and relevant experience of account manager and account team (4C)

· Year 1 action plan (4D)

· Budget & agency fee structure (4E)

· Demonstrated effectiveness of bidder’s work for other clients (4H)

· Supplier Diversity Program Plan (4I): up to 2% of bonus points will be awarded to bidders who submit a supplier diversity plan

· Environmental plan (4J): up to 2% of bonus points will be awarded to bidders who submit an environmental plan

The PMT will then select bidders for oral interviews based on scores of bidders’ written responses.

Bidders selected for oral interviews will present their travel reservation experience and credentials and their proposed year 1 plan and respond to questions from the PMT.

Oral interviews will take place via electronic meeting technology or in person which will be determined by EOHED. All costs related to the interview, if any, will be at the Bidder’s cost, not EOHED’s. See Section 5A for estimated dates of oral presentations. Selected bidders will be assigned date and time by EOHED.

Oral interviews will be evaluated based upon the following:

· Summary of travel reservation experience

· Presentation of year 1 plan

· Response to questions from PMT

Written and oral scores will be weighted and combined, together with an evaluation of references.

EOHED reserves the right to reject any and all proposals if it is deemed in the best interests of the Commonwealth.

EOHED reserves the right to enter into a contract with an alternative contractor as detailed in Section 1E.

Appendix 1 Required Specifications Operational Services Division

RFR - Required Specifications

Issue Date:

March 24, 2014

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime contractors, 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 contractor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

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

Supplier Diversity Program (SDP) Resources:

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

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

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

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

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

2. 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 Contractor 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 ContractorWeb site (www.mass.gov/osc). Click on MASSfinance.

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

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

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

· All copies should be printed double sided.

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

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

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

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

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

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

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…