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THE COMMONWEALTH OF M ASSACHUSETTS

DEPARTMENT OF CORRECTION

Request for Response (RFR) Document Title: Video Relay Services for the Massachusetts Department of Correction

Document Number: RFR: 15-DOC-1000-VRS-A April 8, 2014 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 COMMBUYS. Bidders who need help regarding COMMBUYS navigation may access the COMMBUYS helpdesk at Phone: 1-888-627-8283 or [email protected]. The Helpdesk 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.

REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A Video Relay Services for the Massachusetts Department of Correction

Purchasing Department:

Department of Correction

Address:

50 Maple Street– Suite 3, Milford, MA 01757

Telephone Number:

508-422-3314

Fax Number:

508-422-3383

E-Mail:

[email protected]

RFR File Name/Title:

Video Relay Massachusetts Correction

RFR File Number:

15-DOC-1000-VRS-A

Procurement Contact Person:

Brian J. Kearnan

Procurement Category:

Information Technology – Related Equipment, Services, and Supplies

1.

Services for Department

the of

Description or Purpose of Procurement:

The Massachusetts Department of Correction is issuing a Request for Response (RFR) for a Video Phone (VP) and Video Relay Services (VRS) accessibility to deaf and hard of hearing inmates within the Department of Correction (DOC) to communicate by phone with persons outside of the DOC over a high speed internet connection to be established by the Department of Correction and Office of Technology and Information Services (OTIS). VRS services are currently unavailable on Statewide Contract. This is a small procurement targeted to small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to evaluate bid responses from and to award a contract to a SBPP-participating business(s) who submit a bid that meets or exceeds the solicitation criteria only. Subcontracting in these types of procurements is limited to no more than 20% of the value of the contract, unless it is with another SBPP registered participant. If determined that there is inadequate SBPP capacity, or no SBPP-participating Contractors provide a responsive bid, the Department will evaluate and award bid responses received from non-SBPP businesses. To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/sbpp. 2.

Acquisition Method:

Fee for service for any associated cost. VRS providers are compensated for their costs from the Interstate Telecommunications Relay Service (TRS) Fund, which the Federal Communications Commission (FCC) oversees. At no time shall this contract result in a fee being paid by the Department to the awarded bidder for a cost the FCC reimburses. 3.

Whether Single or Multiple Contractors are Required for Contract:

Single Contractor

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 4.

Whether Single or Multiple Departments will be able to Use:

Single Department Procurement / Single Department User Contract

5.

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

Initial Duration:

Up to 4 years

Renewal Options:

2 options to renew, up to 1 year each option

Anticipated Start Date:

July / August 2014 (estimated)

6.

Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement:

To Be Negotiated

Contract will NOT have a Maximum Obligation Amount – Rate Contract Federal funds may be used to fund part of this contract. 7.

Indicate Contract Performance and Business Specifications:

The Massachusetts Department of Correction is issuing a Request for Response (RFR) for a Video Phone (VP) and Video Relay Services (VRS) accessibility to deaf and hard of hearing inmates within the Department of Correction (DOC) to communicate by phone with persons outside of the DOC over a high speed internet connection to be established by the Department of Correction and Office of Technology and Information Services (OTIS). VRS services are currently unavailable on Statewide Contract. 7.1 .Scope of Services: RFR Definitions: “Department / DOC” The Massachusetts Department of Correction, the Procuring Agency. “Bidder” A Contractor that submits a bid in response to this RFR. The utilization of the term Bidder in this RFR references Contractors during the bid submission process. "Contractor" The successful Contractor that contracts with the Department to provide a Video Phone and Video Relay Service. The RFR delineates obligations that are the responsibility of the Contractor. "Inmate" A committed offender or other such person as is placed in a Department of Correction Facility in accordance with law. Includes all males and females, residing in facilities, admitted or committed, to the care and custody of the Department of Correction. “OTIS” Under Massachusetts Executive Order 532, “Enhancing the Efficiency and Effectiveness of The Executive Department’s Information Technology Systems,” Information Technology (IT) and related services were consolidated at the Secretariat level. Accordingly, the administration of the Department of Correction’s IT is under the oversight of the Office of Technology and Information Services (OTIS). OTIS delivers technology throughout the Department of Correction. Its mission is to provide employees with the technology and support services required to perform their duties

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A efficiently, while maintaining the security and integrity of all technology systems and associated data. “Contract” For the purpose of this procurement, the Contract shall consist of the following documents in order of priority: (1) the Commonwealth Terms and Conditions; (2) the executed Standard Contract Form; (3) the Request for Response; (4) the Contractor’s Response to the RFR, excluding any language stricken by the Department as unacceptable and including any negotiated terms and conditions allowable pursuant to 801 CMR 21.00. Background: Video Relay Service is a form of Telecommunications Relay Service that enables persons with hearing disabilities who use American Sign Language (ASL) to communicate with voice telephone users through video equipment, rather than through typed text. Video equipment links the VRS user with a TRS operatorcalled a “communications assistant” (CA) – so that the VRS user and the CA can see and communicate with each other in signed conversation. Because the conversation between the VRS user and the CA flows much more quickly than with a text-based TRS call, VRS has become an enormously popular form of TRS. VRS, like other forms of TRS, allows persons who are deaf or hard-of-hearing to communicate through the telephone system with hearing persons. The VRS caller, using a television or a computer with a video camera device and a broadband (high speed) Internet connection, contacts a VRS CA, who is a qualified sign language interpreter. They communicate with each other in sign language through a video link. The VRS CA then places a telephone call to the party the VRS user wishes to call. The VRS CA relays the conversation back and forth between the parties -- in sign language with the VRS user, and by voice with the called party. No typing or text is involved. The VRS CA can be reached through the VRS provider’s Internet site, or through video equipment attached to a television. As are all TRS calls, VRS is free to the caller. VRS providers are compensated for their costs from the Interstate TRS Fund, which the Federal Communications Commission (FCC) oversees, see 47 CFR 64.601, et seq. The Department will not compensate the Contractor for costs that are reimbursed by the FCC. FCC regulations set mandatory minimum standards for TRS, which includes VRS. The FCC issues rulings and policies concerning VRS reimbursement and calling practices, to maximize the efficiency and effectiveness of the program, and to ensure that the communications needs of the deaf and hard of hearing consumers are met. The Contractor shall be responsible to advise the Department with respect to any new law, regulation, or guideline and/or any changes mandated by any regulatory authority and/or the FCC which may affect this contract. Specifications: Bidders must be an approved provider of video relay services (VRS), certified by the Federal Communications Commission (FCC). Bidders should be prepared to provide information relative to the credentials required for qualified interpreters as well as the language options available. Additionally, the bidder should include information related to support services, to include hours of operation and type of training that would be provided to correctional staff regarding the operation of VRS and VP equipment, and access to VRS, to include any call restriction features. Bidders should present any information relative to features that would allow the DOC the ability to record those VP calls, and features that would allow the DOC to pre-load approved telephone numbers. Bidders should include any information related to the services, equipment, repairs, and upgrades that would be considered free as well any services, equipment, repairs, and upgrades that would have associated costs. Bidders shall provide a response to the following specifications: 1.

The Contractor shall provide Video Phone (VP) and Video Relay Services (VRS) accessibility to deaf and hard of hearing inmates within the Department of Correction (DOC) to communicate by phone with persons outside of the DOC over a high speed internet connection to be established by the Office of Technology and Information Services (OTIS).

2.

The Contractor shall provide free VP equipment for MCI-Shirley and one (1) additional institution to be determined by the DOC. Additional facilities may be added during the contract term upon request by the DOC and as negotiated with the selected Contractor.

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 3.

Equipment shall be utilized on a standalone data line for VP/VRS inmate use purposes. The standalone line will be installed by OTIS.

4.

The selected Contractor shall serve as the default provider of VRS for the DOC.

5.

The Contractor shall provide VP/VRS equipment compatible with equipment utilized by the general public to include equipment with voice carry over features.

6.

The Contractor shall assist the DOC in establishing a designated 10 digit local telephone number for each site where VP/VRS services are provided.

7.

The Contractor shall present any available options for the DOC to record the VP/VRS communications. The Department requires that the parties to the VRS call are given notification that the call is being recorded and that they consent to the recording by participating in the call.

8.

The Contractor shall allow for free outgoing long distance and local calls from the DOC VP/VRS number.

9.

The Contractor shall provide services to include communication assistance in English and Spanish. In addition, the Contractor shall offer communication assistance in other languages upon request by the DOC.

10. The Contractor shall provide communication assistance through qualified sign language interpreters. Additionally, the Contractor shall provide evidence that it utilizes qualified interpreters who are certified by the National Association for the Deaf and/or the Registry of Interpreters for the Deaf, and that each of its interpreters holds a state interpreter certificate. 11. The Contractor shall train DOC staff in the use of the VP/VRS equipment in addition to providing written instructions. 12. The Contractor shall provide options for the restriction of pay per call features. 13. The FCC requires that Contractors answer 80% of VP/VRS calls within 120 seconds. Contractor selected must show evidence that it meets this standard.

The

14. The Contractor shall agree to obtain any reimbursements through the FCC for all VP/VRS calls made by inmates in DOC custody. 15. The Contractor shall agree to answer questions when contacted by the DOC with regard to inmate complaints relative to the VP equipment and VRS assistance provided by the Contractor. The Contractor shall include information about how it will establish a contact system to assist the DOC in answering such complaints. 16. The Contractor shall present information regarding how it plans to service and maintain the VP equipment provided, including the frequency of such service. The Contractor shall also provide technical support to the DOC 24 hours a day 7 days a week. 17. The Contractor shall provide options for VP equipment upgrades that might become available due to changes in the technology. 7.2 Other Requirements: The Contractor shall maintain a database of all call records. Information contained within the database shall be forwarded to the Department upon request. All archival hardware, supplies, network and recovery procedures which ensure that no data shall be lost shall be provided by the Contractor at no cost to the Department. The bidder must agree, in its response, that the DOC has the right to obtain archived information. The Contractor shall provide storage of all call records for the life of this contract, and shall transfer all call records, or a copy thereof, to DOC upon expiration or termination of the contract. The bidder in its response, must describe how this will be accomplished.

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A The Contractor shall provide the Department with call detail records, on all calls, made by VRS or VP, at a minimum, the following:      

Phone Number of the devices (calling number) Phone number called (called number) Start Date/Time End Date/Time Call Duration Language Service

Special Management Unit VRS - The Contractor shall provide portable or “movable” VRS to be used mainly in special management units as needed that are manufactured to withstand abuse. The Contractor shall designate a contract manager that will serve as a single point of contact for the DOC regarding the VRS for the life of this contract. Correctional Facility Emergencies - Because this contract will service correctional facilities, the Contractor should be aware that emergency situations within correctional facilities may occur which could prevent scheduled services to be rendered. In such a situation, the Contractor may not be admitted into the applicable correctional facility or on state property, which would not allow the Contractor to perform their service. In these situations, the Contractor will make every effort to return, upon notice by the DOC, to perform scheduled service. In no case, shall the DOC be charged for any expenses pertaining to these and similar situations. Confidentiality - The Contractor shall comply fully with all security procedures of the Department of Correction and Commonwealth in performance of the contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing contract work, including, but not limited to, security procedures, Criminal Offender Record Information (CORI), business operations information, or commercial proprietary information in the possession of the Department of Correction. Performance Measures: The performance measures listed below will be part of the Contract throughout the entire duration of this Contract. The measures listed are the minimum mandatory performance criteria required by the Department. Additional performance measures may be negotiated during contract negotiations. The Department reserves the right to negotiate additional performance measures throughout the duration of the Contract. 

Respond to Department inquiries in the requested time frame Contractors are to attend meetings or appointments as agreed upon with the Department. Failure to attend meetings or appointments as agreed upon may result in termination of the contract.



Reports are of professional quality, clear, concise and submitted in the requested time frame Reports are to be submitted within requested time frame of a review/evaluation. Failure to submit professional quality reports may result in termination of the contract.



Services are within budget Invoicing for any associated costs is within original budget, or subsequent approved budget. Failure to submit accurate and complete invoices may result in termination of the contract.



Professionalism Contractors are to conduct themselves in a professional manner and in compliance with Department standards. Failure of contractors to conduct themselves in a professional manner may result in termination of the contract.

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A Bidder Qualifications: Any bidder responding to this RFR must be an approved provider of video relay services (VRS), certified by the Federal Communications Commission (FCC) and should have a demonstrated history of providing VRS services. Bidders must also possess the ability to provide services including repair or replacement of any equipment as to ensure that no communication disruption occurs. The Department requires a response to any facility within 24 hours of a need for service call. 7.3

Fiscal Terms:

In this section, the bidder shall provide a complete response and all information related to the services, equipment, repairs, and/or upgrades that would be considered free as well as the services, equipment, repairs, and/or upgrades that would have associated costs. VRS providers are compensated for their costs from the Interstate TRS Fund, which the Federal Communications Commission (FCC) oversees. At no time shall this contract result in a fee being paid by the Department to the awarded bidder for a cost the FCC reimburses. Costs which are not specifically identified in the bidder’s response, and accepted by the DOC as part of the contract, will not be compensated under any contract awarded pursuant to this RFR. The Department and Commonwealth make no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. The Department is not responsible for any costs or expenses incurred by bidders responding to this RFR. Contractors are agreeing to these terms by submitting a Response to this RFR. 7.4

The Prison Rape Elimination Act:

The Prison Rape Elimination Act (Public Law No. 108-79), enacted in 2003, supports the elimination and prevention of sexual assault and rape within corrections systems, mandates national data collection efforts, provides funding for program development and research, creates a national commission to develop standards and accountability measures and applies to all federal, state and local prisons, jails, police lockups, private facilities and community settings such as residential facilities. The Department of Correction has zero tolerance towards the sexual abuse of offenders in its custody. All staff members, volunteers, and Contractors are required to comply with 103 DOC 519, the Sexually Abusive Behavior Prevention and Intervention Policy, and to report any sexually abusive behavior to the Department immediately. Offender employers are required to immediately report such behavior to the facility Superintendent. The Contractor shall fully cooperate with the Department’s implementation of Public Law 108-79, The Prison Rape Elimination Act (PREA) and the Department’s implementation of the United States Department of Justice Prison Rape Elimination Act Prison and Jail Standards, 28 CFR 115 (May 17, 2012). Specifically, the Contractor shall comply with all Department policies and procedures and shall develop and implement protocols that are consistent and in accordance with the Department’s current and future policies regarding staff sexual misconduct and other types of abusive sexual behavior, including 103 DOC 519, Sexually Abusive Behavior Prevention and Intervention Policy. The contractor, as an extension of the DOC, is responsible for full and complete compliance with the PREA Law and all standards contained in the PREA Prisons and Jails Standards issued by the Department of Justice, including: Prevention Planning: (1) § 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA coordinator (2) § 115.12 Contracting with other entities for the confinement of offenders.

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A The Contractor is responsible for ensuring that it is in full compliance with the PREA Law and all standards, and must achieve a 100% passing score on all PREA audits initiated by the Department, ACA, and/or any other entity. 7.5 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 submitted, negotiated and 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: SDP Plan Form #/Name SDP Plan Form #1 – SDP Plan Commitment SDP Plan Form #2 – Declaration of SDP Partners SDP Plan Form #3 – SDP Spending Report

Submitted By All Bidders

When Submitted With Bid Response

Newly Awarded Contractors

Within 30 days of contract execution Within 45 days of the end of each quarter

Contractors

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 on the (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 Supplier Diversity Office Webpage (www.mass.gov/sdo).  The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found on the OSD Training & Outreach Webpage. In addition, the SDP Webinar can be located on the http:/// (www.mass.gov/sdp).

Supplier Diversity Program Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and/or Service Disabled Veteran Owned Business Enterprises (SDV)Bes) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Supplier Diversity Program (SDP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors. Additional SDP Terms: Reporting Contractors are responsible for compliance with all other contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 7.6 Environmental Preferred Products: Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. 8.

Evaluation Criteria

Contractors must submit responses that meet all the submission requirements of the RFR as defined in Section 9. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes. The Department is looking for the “best value” response which provides the greatest quantity of services at the highest quality. Below are the criteria and maximum points available:

Criteria

Maximum Points Available

RFR Specifications are Met

150

Bidders Qualifications are Satisfactory

50

Fiscal Terms / Any Associated Costs

70

Supplier Diversity Plan

30

Total:

300

Added Value: (Up to 5 possible points each added value) Added Value is determined solely by the Strategic Sourcing Services Team (SSST). Added Value is discretionary. Added Value could be anything in their proposal that the bidder includes, that in the view of the SSST, is above and beyond the requirements of the RFR, which the SSST determines to be an additional “plus”, and worthy of additional points. The SSST determines the number of added value points on a case by case basis.

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 9.

Instructions for Submission of Responses: Responses must be sent to the issuing Department at, 50 Maple Street – Suite 3, Milford, MA 01757, Attention: Brian J. Kearnan, with the following: Required Forms Responses that are submitted without completed required forms may be disqualified as unresponsive. The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive. All the Standard Forms referenced below are available on COMMBUYS. If a Bidder should encounter difficulty in locating or downloading any of these forms, please contact the COMMBUYS Helpdesk at 1-888-627-8283. 

Commonwealth Terms & Conditions is a required form. All Bidders must complete, execute and return the Commonwealth Terms and Conditions. Complete all blanks and required information fully and accurately. This form must be executed without modification.



Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form) is a required form. This form must be executed without modification. Please ensure that the legal address listed on the Commonwealth Terms and Conditions is the same legal address indicated on this form.



Standard Contract Form is a required form. All Bidders must be prepared to execute a Standard Contract Form prior to Contract execution. Failure to return a completed and executed Standard Contract Form may disqualify the Bidder’s response. By executing the Standard Contract Form, the Contractor certifies under the pains and penalties of perjury that it has submitted a response to this Request for Response (RFR) that is the Contractor’s offer as evidenced by the execution by the Contractor’s authorized signatory, that the Contract’s response may be subject to negotiation, and that the terms of the RFR, the Contractor’s response and any negotiated terms shall be deemed accepted and included as part of the Contract upon execution of the Standard Contract Form by the Commonwealth’s authorized signatory.



Contractor Authorized Signatory Listing Form is a required form. All Bidders responding to this RFR must complete the Contractor Authorized Signatory Listing Form that provides a listing of individuals who are authorized as legal representatives of the Bidder who can sign contracts and other legally binding documents. In addition, Bidders must complete the Proof of Authentication of Signature.



Authorization for Electronic Payment Form is a required form. All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. 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 Guidance for Contractors.



Supplier Diversity Form is a required form. Pursuant to Executive Order 524, any contract with a potential financial benefit of $150,000 or more requires a bidder to complete applicable sections of this form and include the required attachments for consideration in the scoring of the submission for any contract opportunity with the Commonwealth of Massachusetts.



Business Reference Form is a required form for this procurement. Bidders must submit three references.



Prompt Payment Discount Form is a required form. All bidders responding to this

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A procurement must participate in the Commonwealth’s Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments. 

Environmentally Preferable Product Information is in line with the Commonwealth’s efforts to promote products and practices which reduce environmental impacts. This is to solicit information from bidders regarding their environmental efforts. The above attachments are available for this RFR on COMMBUYS.



Submit one (1) clearly marked single-sided original Response. All signatures must be original and signed in blue ink. The signatures are to be made by the Signatory Authority and hand-dated.



Submit one (1) electronic copy of the response to the RFR on CD-ROM or DVD. 1. The CD-ROM or DVD should be labeled with the name of the Bidder. 2. CD-ROM or DVD should be submitted in Microsoft Word 2007, or compatible program. 3. CD-ROMs or DVDs which are damaged, or cannot be deciphered by current information technology systems in Commonwealth of Massachusetts, may be deemed unresponsive. 4. CD-ROMs or DVDs infected by a virus deemed by the SSST to be preventable may result in the Bidder's response being deemed unresponsive. Bidders should scan the CD-ROM with the latest virus update information prior to submission to ensure the documents are virus-free. If there is any conflict between the documents, the paper submission shall control. 5. CD-ROMs or DVDs that do not contain the information in the same format as the printed response submitted by the bidder may result in the entire bidder's response being deemed unresponsive. Please Note: flash drives and portable hard drives cannot be used.



Submit four (4) additional printed copies of the RFR Response for review purposes. Copies may be double-sided.

. The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive. Bidders shall ensure that a response that addresses all requirements in Section 7.1 for scope of services and fiscal requirements. Any submission which fails to meet the submission requirements of the RFR may be found nonresponsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the bidder to make minor corrections to the submission.

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 9.1 Deadline for Responses: Bids are to submitted in a sealed envelope and clearly marked “RFR File # 15-DOC-1000-VRS-A” Deadline Date:

June 13, 2014

Deadline Time:

3:00 PM (EST)

TO: Brian J. Kearnan Contract Manager Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Bidders must be aware that the Department of Correction Headquarters, located in Milford, is a secure building. Bidders may be required to produce photo identification to security staff prior to entering the parking lot. Bidder personnel will also be required to surrender photo identification to the main desk for a visitors pass to the building. Upon leaving the building, Bidder personnel must surrender the visitors pass and reacquire their photo identification. Failure to comply with or any attempt to circumvent these security measures will result in non-admittance to the property and may result in possible prosecution according to all applicable laws. Please keep these security requirements in mind when considering the “hand delivery” of your response to Department of Correction Headquarters. Notification must be made in advance with the SSST leader if you are considering hand delivery as packages are not allowed to be left at the main desk. All incoming mail and delivered mail (e.g., FedEx and UPS) is screened first by the Department of Correction. Please keep these security processes in mind when mailing or having responses delivered by a delivery company.

Written Questions must be received by: May 16, 2014 by 3:00 PM Bidders may submit written questions concerning any part or attachment of this RFR to the Strategic Sourcing Services Team Leader. Written Inquiries regarding issues outside of the scope of this RFR will not be considered by the SSST. The deadline for the Submission of written questions is listed above as well as in the Procurement Calendar. All inquiries must be submitted, by the required date and time, to: Mr. Brian J. Kearnan Contract Manager [email protected] All written inquiries must be submitted via electronic mail (e-mail) only. No other manner of submission will be accepted. Questions must be entered in the body of the e-mail rather than in an attachment. The subject of the e-mail should include the words “RFR #15-DOC-1000-VRS-A”. Bidder is responsible for confirming receipt of its written inquiries with the Strategic Sourcing Services Team Leader. It is the responsibility of the prospective bidder and awarded contractor to keep current the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SSST, including requests for clarification. The SSST and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems,

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 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 SSST to be lost or rejected by any means including email or spam filtering.

Written Responses released on or about: On or about May 30, 2014 (Written questions and responses will be posted on COMMBUYS) Oral Presentations/Demonstrations If requested, bidders may be required to provide the Department with an oral presentation and demonstration regarding their responses. Notification will be made by the Department regarding any scheduled presentations. Best and Final Offer (BAFO) After the deadline for response submission, the Department reserves the right to extend a Best and Final Offer Opportunity to all or a select number of bidders. Bidders may be asked to submit additional information specific to program specifications and cost.

9.2 Procurement Calendar Procurement Activity

Date

RFR Posted On COMMBUYS Written questions accepted from Bidders Deadline to submit Written Questions Written Responses provided Bids Due Oral Presentations Evaluation Negotiations/Award Contract Contract Start Date/Services Begin

On or about April 8, 2014 Upon release of RFR May 16, 2014 by 3:00 PM On or about May 30, 2014 June 13, 2014 by 3:00 PM To be scheduled if required June, 2014 June /July, 2014 July / August, 2014

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A Massachusetts Department of Correction Additional RFR Specifications No Rights in Third Parties. This contract and all rights hereunder are intended for the sole benefit of the Contractor and the Department. This contract shall not imply or create any rights on the part of, or obligations to, any other person. Security Clearance All Personnel must receive security and background clearance by the Department prior to provision of services. This includes a probation check and FBI background check. The Department will not unreasonably withhold or delay such clearance. Application of Department Rules Personnel shall be subject to all rules and standards of conduct of the Department, including the rules set forth in the “Rules and Regulations Governing All Employees of the Massachusetts Department of Correction,” i.e., the “Blue Book.” Personnel shall receive and sign for copies of “Blue Books.” Department Identification Cards Contract personnel will receive Department identification cards upon completion of orientation. The Contractor is responsible for returning contractor personnel identification cards to the Department when Contractor personnel end their employment with the Contractor or no longer work at any Department facilities. Failure to return contractor personnel identification cares may result in a penalty of up to $25 per card from the Contractor. The lost of the identification cards is to be reported within 24 hours and the cost of replacement is to be borne by the Contractor. Department of Criminal Justice Information Services (DCJIS).Nondisclosure Agreement The Contractor and all Personnel shall complete and execute the Agreement of Non-Disclosure form prescribed by the Department of Criminal Justice Information Services (DCJIS). All completed forms shall be retained by the Department. Hiring and Firing and Subcontractor Termination The Contractor shall have the sole and exclusive right to hire and fire or terminate the subcontracts with Personnel. The Department may deny entrance of any Personnel to any or all Facilities, provided, however, that the Department shall notify the Program Director of such denial and the reasons therefore as soon as reasonably practicable. Compensation and Benefits of Personnel The Contractor shall have the sole and exclusive responsibility for determining the compensation, terms and conditions of employment or engagement and benefits of, and for paying all compensation and other benefits to the Personnel. Media Releases Personnel shall not issue press or media releases regarding the Program, the Department or the contract, except through the Department’s Director of Public Affairs or the Contractor’s designated media coordinator. Publications The Contractor shall not disseminate, reproduce, display or publish any report, map, information, data or other materials or documents expressly required or produced in whole or in part pursuant to the Contract, nor shall any such report, map, information, data or other materials or documents be the subject of an application for patent or copyright by or on behalf of the provided, without the prior written consent of the Department, which shall not be unreasonably withheld or delayed. If the Contractor prepared, publishes or distributes any brochure, periodical or other publications describing any programs the costs of which are funded at least in part by this Contract, then any such publication shall, unless the Department directs otherwise, contain a prominently displayed statement to that effect [e.g., “This agency and its programs are funded, in whole or in part, by contract with the Department.”]

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A Prison Records Personnel shall have access to offender six-part folders and other prison records on a need-to-know basis. Unless determined otherwise by the Department, personnel shall not have access to Department investigative reports, except for such reports generated and provided by the Department for the purposes of quality assurance and risk management. Workers’ Compensation The Contractor shall provide Workers’ Compensation Insurance for Personnel to the extent required by applicable law, and shall provide the Department with evidence of insurance. The Contractor shall also provide the Department with such evidence of insurance for any subcontractor of the Contractor. Independent Status It is expressly understood and agreed by the parties that, in the performance of their obligations hereunder, neither the Department nor the Contractor shall act as an employee or agency of the other. Neither the Contractor nor any of the Personnel shall represent themselves as employees or representatives of the Department, nor shall the Department or any Department’s employees represent themselves as employees or representatives of the Contractor. Cooperation in Litigation The Commonwealth, including the DOC or any other division, agency or office, shall not be responsible for representing or defending, or for any costs incurred by the Contractor or Contractor’s personnel, agents or subcontractors, in connection with any lawsuit or claim, including, but not limited to any claim brought pursuant to the Massachusetts Tort Claims Act, G.L. c. 258, 42 USC § 1983, or any other provision of law. The Contractor agrees to make all reasonable efforts to cooperate with the DOC in the defense of any litigation brought by any person not party to this Agreement, including suits that concern Services, the Program or this Contract. The Contractor shall make all reasonable efforts to cooperate with the DOC in litigation or other legal proceedings involving the DOC whether or not the Contractor is a party, or where litigation is anticipated but has not commenced. Cooperation in litigation shall include, but not be limited to, the timely and accurate provision of documents and/or information, and other assistance that may be requested from time to time by DOC Counsel, the Massachusetts Attorney General, and the Massachusetts District Attorneys (D.A.’s). The provisions of this section shall survive the expiration or termination of this contract. Cooperation Upon Termination The Contractor shall cooperate with the Department in event of termination so as to ensure that the Department can provide continuity of services. Such cooperation shall include the provision to the Department of the names, addresses and telephone numbers of Personnel, salaries, organization charts, certifications, lists of subcontractors with names and addresses and telephone numbers, inventory lists of supplies, equipment, lists and condition by facility, and copies on 3.5 inch computer disk of any policies, procedures, manuals and forms developed by the Contractor not previously provided to the Department. Said information shall be provided within sixty (60) days of the termination of this contract, or upon issuance of a notice of termination by the Department. The Contractor shall not, by utilization or so-called “noncompete” clauses in contracts with Personnel, or by any other means whatsoever, prevent or restrict in any manner the ability of Personnel to enter into any contractual or employment relationship with any person or organization which may provide services of the nature described in the contract to the Department at any time following the termination of this contract or of any part thereof. At the termination of this contract, any funds remaining which are held in escrow by the Contractor, or which had been designated for expenditure by the Contractor, shall be returned to the Department forthwith.

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A RFR –Required Specifications In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions (either version). However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00: The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR. Items with the text, " Required for POS Only" specify a requirement for Purchase of Service (POS) human and social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and Social Services and 808 CMR 1.00, Compliance, Reporting and Auditing for Human and Social Service. COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract. Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers. It is each Bidder’s responsibility to check COMMBUYS for:  Any amendments, addenda or modifications to this Bid, and  Any Bid Q&A records related to this Bid. The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS. COMMBUYS Subscription. Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller subscription account. All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC). The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 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: SDP Plan Form #/Name SDP Plan Form #1 – SDP Plan Commitment SDP Plan Form #2 – Declaration of SDP Partners SDP Plan Form #3 – SDP Spending Report

Submitted By All Bidders

When Submitted With Bid Response

Newly Awarded Contractors

Within 30 days of contract execution Within 45 days of the end of each quarter

Contractors

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-taxesand-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

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 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

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 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:  

  



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 nonrecyclable 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

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 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 RFRrequired 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

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A 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. 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. RFR - REQUIRED SPECIFICATIONS FOR INFORMATION TECHNOLOGY Information Technology. Required for Information Technology contracts. All IT systems and applications developed by, or for Executive department agencies or operating within the Massachusetts Access to Government Network (MAGNet), must conform with the Enterprise Information Technology Policies, Standards and Procedures promulgated by the Commonwealth’s CIO. Non-conforming IT systems cannot be deployed unless the purchasing agency and their contractor have jointly applied for and received in writing from the Commonwealth’s CIO or his designee, notice that a specified deviation will be permitted. The Enterprise Information Technology Policies, Standards and Guidance, with the exception of the Enterprise Public Access Policy For e-Government Applications and the Enterprise Public Access For eGovernment Applications Standards, are available at mass.gov/itd. The Enterprise Public Access Policy For e-Government Applications and the Enterprise Public Access For e-Government Applications Standards are available in hard copy from the purchasing agency. Purchasing agencies may also obtain a current copy of these documents, on behalf of their contractor, by contacting the Information Technology Division's CommonHelp group at [email protected] or 1 (866) 888-2808. Please Note: Given the pace of information technology innovation, purchasing agencies and their contractors are encouraged to contact the Information Technology Division's CommonHelp group at [email protected] or 1 (866) 888-2808 to signal a system or application design and development initiative. Such advance notice helps to ensure conformance with the relevant Enterprise Technology Policies, Standards and Procedures. Contractor delivery of IT systems and applications that fail to conform to the Commonwealth’s Enterprise Information Technology Policies, Standards and Procedures, absent the Commonwealth CIO’s grant of written permission for a deviation, shall constitute breach of any contract entered as a result of this Request for Response and any subsequent Request for Quotes. The Commonwealth may choose to require the contractor, at his own cost, to re-engineer the non-conforming system for the purpose of bringing it into compliance with Commonwealth Enterprise Information Technology Policies, Standards and Procedures. Information Technology - Clarification of Language in Section 11, Indemnification of the Commonwealth Terms and Conditions. Required for the following object codes within the “Expenditure Classification Handbook” as issued by the Office of the Comptroller: OBJECT CODE U01 U02

TITLE TELECOMMUNICATION SERVICES DATA TELECOMMUNICATION SERVICES VOICE

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REQUEST FOR RESPONSE Massachusetts Department of Correction Video Relay Services RFR# 15-DOC-1000-VRS-A OBJECT CODE U03 U04 U05 U06 U07 U08 U09 U10 U75 U98

TITLE SOFTWARE AND INFORMATION TECHNOLOGY (IT) LICENSES INFORMATION TECHNOLOGY (IT) CHARGEBACK INFORMATION TECHNOLOGY (IT) PROFESSIONALS INFORMATION TECHNOLOGY (IT) CABLING INFORMATION TECHNOLOGY (IT) EQUIPMENT INFORMATION TECHNOLOGY (IT) EQUIPMENT TELP LEASEPURCHASE INFORMATION TECHNOLOGY (IT) EQUIPMENT RENTAL OR LEASE INFORMATION TECHNOLOGY (IT) EQUIPMENT MAINTENANCE AND REPAIR ADVANCE ADMINISTRATIVE EXPENSES REIMBURSEMENT FOR TRAVEL EXPENSES FOT IT PROFESSIONALS

Pursuant to Section 11. Indemnification of the Commonwealth Terms and Conditions, the term “other damages” shall include, but shall not be limited to, the reasonable costs the Commonwealth incurs to repair, return, replace or seek cover (purchase of comparable substitute commodities and services) under a contract. “Other damages” shall not include damages to the Commonwealth as a result of third party claims, provided, however, that the foregoing in no way limits the Commonwealth’s right of recovery for personal injury or property damages or patent and copyright infringement under Section 11 nor the Commonwealth’s ability to join the contractor as a third party defendant. Further, the term “other damages” shall not include, and in no event shall the contractor be liable for, damages for the Commonwealth’s use of contractor provided products or services, loss of Commonwealth records, or data (or other intangible property), loss of use of equipment, lost revenue, lost savings or lost profits of the Commonwealth. In no event shall “other damages” exceed the greater of $100,000, or two times the value of the product or service (as defined in the contract scope of work) that is the subject of the claim. Section 11 sets forth the contractor’s entire liability under a contract. Nothing in this section shall limit the Commonwealth’s ability to negotiate higher limitations of liability in a particular contract, provided that any such limitation must specifically reference Section 11 of the Commonwealth Terms and Conditions.

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