IP Telephony Based Telecommunications System

Transcription

1 Massachusetts Office of the Attorney General Request for Response IP Telephony Based Telecommunications System RFR #: AGO-08-TELSYSTEM-001 February 22, 20008

2 Please Note: This is a single document associated with a complete solicitation that can be found on Comm-PASS. All Bidders are responsible for reviewing and adhering to all information, forms and requirements found in all tabs for the entire solicitation. To locate the solicitation associated with this document, go to select the Search for Solicitations link, enter the above document number (AGO-08-TELSYSTEM-001) in the Document Number field, and select the Search button. Bidders who need help regarding Comm-PASS navigation may refer to the Comm-PASS Resource Center at for documents and guides. Bidders may also contact the Comm-PASS Helpdesk directly via at comm-pass@state.ma.us or the Comm-PASS Helpline at MA-STATE. The Helpline is staffed from 7:30 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

3 RFR #: AGO-08-TELSYSTEM-001 February 22, Table of Contents 1.0 Procurement Scope General Information & Terms and Conditions Definitions Project Background Information General Business Requirements General System Requirements System Operational Requirements System Installation Requirements Training Requirements System Warranty and Maintenance Requirements System Post Installation Requirements Bidder Business Requirements Bidder Response Requirements Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Bidder Identification Form Bidder Response Checklist Mandatory Cost Tables Business Reference Form System Summary Forms Desirable System Feature Forms

4 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 1 Section 1 Procurement Scope 1.1 The Attorney General is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. As such, she represents the Commonwealth in many matters in which the Commonwealth is a party. In addition, the Attorney General is a resource to residents who are facing challenges in the area of consumer protection, fraud, civil rights violations, health care, and insurance issues. The main office of the Attorney General is located in Boston at One Ashburton Place and 100 Cambridge Street. Regional offices are fully staffed and located in Springfield, Worcester and New Bedford, allowing citizens more convenient access to services in their area. Intent of Procurement: The Massachusetts Attorney General s Office () plans to replace the existing Siemens PBX installed at the s Boston office at One Ashburton Place (and serving 100 Cambridge Street as well). In addition, the new telecommunications system will serve the s regional offices allowing for a seamless communications system serving all end users. The regional offices of the are currently served by stand-alone telephone systems. No current direct voice network connections exist between Boston and the regional offices. All communication is via the Public Switched Telephone Network (PSTN). These existing systems will be replaced with a state-of-the-art IP Telephony based telecommunications system utilizing local analog trunking, digital ISDN PRI trunks, as well as analog, digital and IP telephones. The IP telephony based system must at the time of response submission support digital telephone instruments as the s internal LAN equipment and overall infrastructure are not capable of supporting converged voice/data traffic at this time. Submission of a system solution in response to this RFR that does not support digital telephone will not be accepted and will be disqualified from consideration. The transition to IP telephony including IP Telephones will take place in the future when these networks are upgraded. The IP telephony based system must, however, at the time of installation provide clear, transparent networking via a planned MPLS network connecting all locations. The currently operates several call centers to serve the general public. The proposed system must allow for call processing options including automated call distribution. The system proposed for the must provide for assistive technology options allowing for individuals with disabilities to make use of the system s functionality. The awarded Contractor will be responsible for furnishing all labor, supervision, equipment, materials, and supplies necessary to properly and competently install the IP based telecommunications system and support items included in this contract in accordance with the performance thresholds outlined in this Request for Response (RFR).

5 RFR #: AGO-08-TELSYSTEM-001 February 22, Page Intent to Bid: The Bidder must indicate its intent to submit a response to this RFR document by sending an message, by the date indicated in the procurement calendar in Section 2.44, to: Mr. Jim Donovan Director of Operations james.donovan@state.ma.us This message must include the Bidder s name and address, Bidder contact s name, telephone number and address. 1.3 The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by Reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all terms, conditions, requirements, and procedures included in this RFR must be met for a Response to be determined responsive. If a Bidder fails to meet any material term, condition, requirement or procedure, its Response may be deemed unresponsive and disqualified. 1.4 is issuing this Request for Response (RFR) under applicable Commonwealth procurement policies and procedures. Response to this RFR is not limited to Contractors on existing Commonwealth of Massachusetts statewide contracts. All qualified Bidder organizations may respond to this RFR document.

6 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 3 Section 2 General Information & Terms and Conditions 2.1 General Information: The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. 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. 2.2 Bidder Communication: Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the Procurement Management Team (PMT) regarding this RFR except as specified in this RFR, and no other individual Commonwealth or 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 Comm-PASS. 2.3 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. 2.4 Ownership of Responses: All documentation, materials, data, etc., submitted in response to this RFR shall become the property of the and will not be returned to the Bidder. Bidders are cautioned that ideas, techniques, information, etc., submitted as part of the Bidder s response may be used by without separate payment to the Bidder or its Sub-Contractors. 2.5 Estimated Provisions: The Commonwealth makes no guarantee that any Commodities or Services will be purchased from any Contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels. 2.6 Trademarks, Patents, Etc.: Unless otherwise clearly stated in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any good or service, and the may consider clearly identified offers of substantially equivalent goods and services submitted in response to such reference. 2.7 Costs: Costs which are not specifically identified in the Bidder s response, and accepted by the Mass AGO 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.

7 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 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 Bidder Web system. A link to the EFT application can be found on the OSD Forms page ( Additional information about EFT is available on the Comptroller s Bidder Web site ( Click on MassFinance. The successful Bidder, 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 PMT 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 PMT will consider such requests on a case-by-case basis and communicate the findings with the Bidder. 2.9 Taxes, Fees, Assessments, Etc.: Bidders must pay all taxes, fees and assessments associated with furnishing the products as part of the contract Freight: Unless otherwise specified, all products and services shall be FOB Destination. The Mass AGO will not assume any separate freight, mileage, travel time or any other associated charges in addition to the bid price. Any charges of this nature must be included in the bid price News Releases: The successful Bidder shall not issue any news releases, advertising or promotional materials pertaining to the performance of the contract without prior approval by the Pricing - Federal Government Services Administration (GSA) or Veteran s Administration Supply: The reserves the right to request from the successful Bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager Pricing - Price Limitation: The Bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the. If the believes that it is not receiving this lower price as required by this language, the Bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

8 RFR #: AGO-08-TELSYSTEM-001 February 22, Page Environmentally Preferable Products and Services: The and the Contractor may negotiate during the contract term to permit the substitution or addition of Environmentally Preferable Products (EPP s) when such products are readily available at a competitive cost and satisfy the Mass AGO s performance needs Electronic Communication/Update of Bidder s/contractor s Contact Information: It is the responsibility of the prospective Bidder and awarded contractor to keep current the address of the Bidder s contact person and prospective contract manager, if awarded a contract, and to monitor that inbox for communications from the PMT, including requests for clarification. The PMT and the Commonwealth assume no responsibility if a prospective Bidder s (or awarded contractor s) designated address is not current, or if technical problems, including those with the prospective Bidder s (or awarded Contractor s) computer, network or internet service provider (ISP) cause communications sent to/from the Bidder (or awarded Contractor) and the PMT to be lost or rejected by any means including or spam filtering 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 Revisions to this RFR: If it becomes necessary to revise any part of this RFR, or if additional data is necessary to clarify any of its provisions, a supplement will be posted on the Comm-PASS system. Bidders are responsible for reviewing the Comm-PASS system regularly during the time this procurement is active Alternates: A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated RFR specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications. The will solely determine if a proposed alternative method of performance achieves substantially equivalent or better performance. Therefore it is highly recommended that Bidders submit questions regarding possible alternatives during the time allotted for written inquiries. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified. Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the Contractor s original response to enable the to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

9 RFR #: AGO-08-TELSYSTEM-001 February 22, Page RFR Cancellation: The reserves the right to cancel this bid at any time before a Contract has been executed and approved, in which event the will reject any and all bids received in response to this RFR. Should the bid be canceled, all expenses related to preparation of response to this RFR remain the responsibility of the Bidder Rejection of Bids: The may reject any and all bids in response to this RFR if it deems it is in its best interest to do so. The may also reject any and all bids for the following reasons: a) fails to adhere to one or more of the provisions established in this RFR; or b) fails to submit its bid in the format specified herein, or to supply the minimum information requested herein; or c) fails to meet unconditionally all of the mandatory specifications of this RFR; or d) fails to submit its bid, to the required address, before or on the deadline date and time established by the Procurement Calendar in Section 2.44; or e) materially misrepresents its services or provides demonstrably false information in its bid; or f) fails to submit costs on the Cost Tables (Attachment C), or to guarantee the costs for 90 days; or g) refuses to provide clarification, if requested by the PMT; or h) fails to sign a Contract within ten (10) business days of receipt of the Contract for signing Mandatory and Desirable Specifications: Mandatory specifications in this RFR are identified with the words "must", "shall", "will", "mandatory", or "is required". However, Bidders must assume that every specification included herein is a mandatory specification, unless it is clearly indicated to be otherwise. A mandatory specification is one that must be met in order for a response to be considered responsive. Any response, which fails to meet a mandatory specification of the RFR, will be deemed non-responsive and may be disqualified. Desirable specifications are designated with the words, "is desired", "desirable", and "highly desirable". Unless there is an explicit indication to the contrary stated in this RFR, Bidders may receive evaluation points for desirable goods and services Response to RFR Specifications and Required Format The Bidder is required to follow the same sectional format of this RFR and provide an individual response to each RFR specification (whether the specification simply provides information, requires a statement of compliance or requires a descriptive response) in its Response. The Bidder must not simply include statements such as Comply with All Requirements of this Section or similar response but instead address each and every specification individually. All Responses must be presented using the same numbering sequence and order used in this RFR document To each mandatory RFR specification, the Bidder must clearly state in the affirmative that the Bidder will comply with, agree to or understands the RFR mandatory requirement. The has defined a response of comply or agrees or understands or any statement in the affirmative as one in which the Bidder accepts the terms and conditions of the mandatory RFR specification. In the case where the mandatory specification is providing information only (e.g., the procurement scope, the date of the Bidder s conference, etc.), the

10 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 7 Bidder must still respond to these mandatory specifications with an affirmative statement such as read and understands or similar response To each desirable (optional) specification, the Bidder must clearly state in the affirmative that the Bidder will comply with, agree to or understand the RFR desirable specification. The has defined a response of comply or agrees or understands or any statement in the affirmative as one in which the Bidder accepts the terms and conditions of the desirable RFR specification. The Bidder is also required to provide all necessary information requested in the particular desirable specification demonstrating how it will meet this optional specification. Failure to provide this necessary information may result in the award of no evaluation points or a lesser amount of evaluation points to the Bidder s response To each mandatory or desirable RFR specification that requires that the Bidder list, describe, state, or provide a subject matter, the Bidder must briefly but clearly provide the list, description, statement, etc. in that section of its RFR response. The Bidder must not simply reply with Comply or other similar response. The Bidder should take care not to respond to such requests for specific information by simply cutting and pasting sections of technical manuals, advertising brochures, etc. but instead to provide detailed but succinct information required to clearly answer the mandatory or desirable specification. References, by the Bidder, to review attachments containing brochures, white papers or other standard boilerplate material as a response to a particular RFR specification are not acceptable. The Bidder is, however, allowed to provide such attachments in support of its response to the particular specification If a Bidder is unable to meet any of the mandatory specifications required in this RFR, the Bidder s Response must include an alternative method for meeting such specification by identifying the specification, the proposed alternative, and thoroughly describing how the alternative achieves substantially equivalent or better performance than the performance required in the RFR specification. The will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The determination of on the Bidder s proposed alternative method will be final. The will solely determine if a proposed alternative method of performance achieves substantially equivalent or better performance. Therefore it is highly recommended that Bidders submit questions regarding possible alternatives during the time allotted for written inquiries Subcontracting Policies and Contractor Responsibility: The requires a single point of responsibility for performance of any Contract that may result from this RFR. Subcontractors may be used, but the Contractor must accept full responsibility for the subcontractor's performance. All subcontractors must be identified by the Contractor and the Contractor must describe the type of

11 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 8 contractual arrangement that will exist with all subcontractors. The Contractor shall be responsible for meeting all of the terms of the Contract resulting from the RFR. Prior approval of the 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 Environmental Response Submission Compliance: In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses 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 postconsumer 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 Information Technology: 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 Procedures, with the exception of the Enterprise Public Access Policy For e-government Applications and the Enterprise Public Access For e-government 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 commhelp@state.ma.us or 1 (866) 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 commhelp@state.ma.us or 1 (866) to signal a system or application design and development

12 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 9 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 U03 U04 U05 U06 U07 U08 U09 U10 U75 U98 Title Telecommunication Services Data Telecommunication Services Voice 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 Lease-Purchase Information Technology (IT) Equipment Rental Or Lease Information Technology (IT) Equipment Maintenance And Repair Advance Administrative Expenses Reimbursement For Travel Expenses for 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.

13 RFR #: AGO-08-TELSYSTEM-001 February 22, Page Affirmative Market Program (AMP): Massachusetts Executive Order 390 established a policy to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). As a result, M/WBEs are strongly encouraged to submit bid responses to this RFR, either as prime vendors, joint venture partners or subcontractors. All Bidders, regardless of their certification status, are required to submit a completed AMP Plan Form as part of their response for evaluation. It is required that Affirmative Market Program participation accounts for no less than 10% of the total points in the evaluation. Higher evaluation points may be awarded to AMP Plans that show more commitments for use of certified vendors in the primary industry directly related to the scope of the RFR, subcontracting expenditures and partnerships for the purpose of contracting with the Commonwealth. The PMT requires bidders to make a significant commitment to partner with certified Minority- and Women-Owned Businesses in order to be awarded a contract. A SOMWBA-certified Bidder may not list itself as being an Affirmative Market Program Partner to its own company. In addition, a narrative statement can be included to supplement the AMP Plan Form providing further details of the AMP commitments. The submission of this narrative statement does not replace the requirement of the AMP Plan Form. Bidders must submit one form for each M/WBE AMP Relationship. Please note that no bidder will be awarded a contract unless and until they agree to commit to at least one (1) of following three (3) AMP Components selected by the PMT: 1. Subcontracting: If Bidder commits to Subcontracting in their AMP plan, then they must commit to subcontract a specific dollar amount, or a minimum percentage of dollars earned through an awarded contract, with a SOMWBA-certified company or a company that has applied for certification. Although this is only one of several options to meet the requirements for participation in the Affirmative Market Program, Bidder s submission of subcontracting commitments may be weighted most heavily. The PMT will set timelines for progress reviews (either quarterly or semi-annually) for the purpose of compliance and tracking of submitted commitments. Please note that all subcontracting partnerships require inclusion of that contract between the Bidder and the M/WBE subcontractor in the Bidder s bid package. 2. Growth & Development: If a Bidder commits to Growth and Development in their AMP plan, then they must submit a plan for education, training, mentoring, resource sharing, joint activities, and assistance that would increase industry capacity and the pool of qualified SOMWBA certified companies. 3. Ancillary Uses of Certified M/WBE Firm(s): If a Bidder commits to Ancillary Uses of certified M/WBE Firm(s) (or companies that have applied for certification) in their AMP plan, then they must include dollar or percentage expenditure commitments for use of these firm(s) with or without the use of written commitments between the Bidder and the M/WBE Firm(s). A description of the ancillary uses of certified M/WBEs, if any, must be included on the AMP Plan Form.

14 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 11 If applicable, Bidders are encouraged to include additional information for the following components on their AMP Plan form: Past Performance: Bidders must include information on past expenditures with SOMWBA certified M/WBEs of the previous two (2) years. Other Creative Initiatives with SOMWBA certified companies: Bidders must include any additional AMP Partnership initiatives that further support their AMP Plan in a narrative format. If a Bidder commits to Other Creative Initiatives in their AMP plan, then they are encouraged to commit to at least one certified MBE and at least one certified WBE in the submission of their plans. In addition, Bidders can outline their own Diversity programs available to SOMWBA vendors. Once an AMP Plan is submitted, negotiated and approved, the PMT will then monitor the contractor s performance. Resources available to assist Prime Bidders in finding potential M/WBE partners can be found at: Resources and Guidance.doc 2.27 Affirmative Market Program Subcontracting Policies: Prior approval of the is required for any subcontracted service of the contract. The 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) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a Bidder s Affirmative Market Program (AMP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors Reasonable Accommodation: Bidders with disabilities 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 may be required to confirm his or her request in writing to the contact person. The request must state that it is based on a disability and specifically identify the accommodation desired. Although entities of the Commonwealth will make all reasonable efforts to accommodate the requests of Bidders with disabilities, they reserve the right to reject unreasonable requests Comm-PASS: This RFR has been distributed electronically using the Comm-PASS system, RFR attachments that are referenced are incorporated by reference into the RFR and are available as separate files within the Forms tab and Specifications tab of the Comm-PASS Solicitation record. OSD Forms are also available at under the Related Links section. While Comm-PASS offers optional, value-added, automated Comm-PASS Subscription Service on an annual-fee basis, all Bidders are solely responsible for obtaining and completing the required attachments that are identified in this RFR and for checking Comm-PASS for any addenda or modifications that are subsequently made to this RFR or attachments. The Commonwealth and its subdivisions accept no liability for and will provide no accommodation to Bidders who fail to check for amended RFRs/Requests for Quotes (RFQs) or any other procurement opportunities and subsequently submit inadequate or incorrect responses. Bidders are advised to check the Last Changed Date field on the Summary page or the Amendment History within the Other Information tab of RFRs for which they intend to submit a

15 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 12 response in order to ensure that they have the most recent RFR files. Bidders may not alter (manually or electronically) the RFR language or any RFR component files. Modifications to the body of the RFR, specifications, terms and conditions, or which change the intent of this RFR are prohibited and may disqualify a response Comm-PASS Subscription Service: The Comm-PASS Subscription Service is sponsored by the Operational Services Division. This service offers a prospective Bidder a secure, web-based desktop that contains tools to track and manage postings including solicitation announcements, Request for Responses (RFRs), and Contracts that match the subscriber-designated set of categories and subcategories on the Commonwealth s Procurement Access and Solicitation System (Comm-PASS). Comm-PASS Basic Service will provide a subscriber with: Secure web-based desktop within Enhanced Comm-PASS for document management. A customizable profile reflecting the Bidder s product/service areas of interest. Refined commodity and service categories and sub-categories. Full-cycle, automated alert whenever a solicitation of interest is posted or updated. Access to Online Bidder Forums to allow for virtual attendance and participation. Tools to submit bids electronically to an encrypted lock-box. Every public purchasing entity within the borders of Massachusetts may post their solicitations on Comm-PASS at no charge. Comm-PASS has the potential to become the sole site for reviewing and responding electronically to public solicitations in Massachusetts. Fees for the Comm-PASS Subscription Service are based on costs to operate, maintain and develop the Comm-PASS system Contract Documents: The contract between the and the successful Bidder will include as integral parts thereof: Commonwealth Terms and Conditions Standard Contract Form Including Executive Order 481 Form This RFR and amendments thereto Contract Statement of Work/Statement of Services Bidders response and amendments thereto In the event of a conflict in language between any of the above mentioned documents, the provisions and requirements set forth or referenced in the Commonwealth Terms and Conditions, this RFR with the amendments and Contract Statement of Work shall govern. In the event that an issue is addressed in the response that is not addressed in the RFR, no conflict in language shall be deemed to occur Contract Award: The Contract will be awarded to the Bidder with the lowest overall cost that has met all mandatory performance and business specifications provided it is the best value for the Commonwealth of Massachusetts. The 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 PMT 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.

16 RFR #: AGO-08-TELSYSTEM-001 February 22, Page Best Value Selection and Negotiation: The 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 PMT 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 Acquisition Method: This procurement will be an outright purchase or a leased purchase Single or Multiple Bidder Contract: The intends to award a single contract as a result of this procurement, but reserves the right to award multiple contracts Single or Multiple Users: It is the intent of this contract that the is the only user Anticipated Duration of Contract: Any contract resulting from this RFR shall be for the period of three (3) years commencing on the resulting contract start date. The shall have the option to extend the term of any contract(s) resulting from this RFR for up to two (2) one year periods. The shall exercise its option by submitting written notice to the Bidder at least thirty (30) days prior to the termination Anticipated Expenditures: The expenditure associated with this procurement is to be determined. If, due to unforeseen circumstances, the scope of services is substantially changed or modified, the maintains the right to amend the contract and increase the maximum obligation in order to obtain the best value. The Bidder will be bound by the terms of the contract and the will not be responsible for price increases due to market fluctuations or product availability Required Forms Bidders must complete, execute and return the following forms, which are found under the Forms & Terms tab of this solicitation on the Comm-PASS system: Standard Contract Form Failure to return a completed and executed Standard Contract Form may disqualify the Bidder's Response. The appropriate version of this form is found under the Forms & Terms tab of this solicitation. By executing this document, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder s Offer as evidenced by the execution of its authorized signatory, and that the Bidder s Response may be subject to negotiation by the. Also, the terms of the RFR, the Bidder s Response and any negotiated terms shall be deemed accepted by the and included as part of the Contract upon execution of this document by the Purchasing Agent or his designee.

17 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 14 Signature and date MUST be handwritten in blue ink, and the signature must be that of one of the people authorized to execute contracts on behalf of the Contractor on the Contractor Authorized Signatory Listing Commonwealth Terms and Conditions Bidders must complete, execute and return a copy of the Commonwealth Terms and Conditions form. If the Bidder has already executed and filed the Commonwealth Terms and Conditions form pursuant to another RFR or Contract, please include a copy of the completed Commonwealth Terms and Conditions Form in the Response. If the Bidder s name, address or Tax ID Number have changed since the Commonwealth Terms and Conditions form was executed, a new Commonwealth Terms and Conditions form is required. The Commonwealth Terms and Conditions are hereby incorporated into any Contract executed pursuant to this RFR. This form must be unconditionally signed by one of the authorized signatories (see Contractor Authorized Signatory Listing, below), and submitted without alteration. If the provisions in this document are not accepted in their entirety without modification, the entire Proposal offered in response to this solicitation may be deemed non-responsive. The company s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Verification of Taxation Reporting Information (W9). Note that the Commonwealth Terms and Conditions have been clarified relative to liability; clarification language is included within this RFR, see Required Specifications for Statewide Information Technology Contracts, under the Forms & Terms tab of this solicitation Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) If a Bidder has already submitted a Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) and has received a valid Massachusetts Bidder Code, an original W-9 form is not required. A copy of the form as filed may be included in place of an original. The information on this form will be used to record the Bidder s legal address and where payments under a State contract will be sent. The company s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions. Do not use the U.S Treasury s version of the W9 Form. Use the W9 form found under the Forms & Terms tab of this RFR Contractor Authorized Signatory Listing The Bidder must complete and submit the Contractor Authorized Signatory Form found under the Forms & Terms tab of this RFR with its response to this RFR.

18 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 15 Bidders are advised to pay particular attention to the instructions below. Errors on this form could result in significant delays in proposal review. Download the form and in the table entitled Authorized Signatory Name and Title, type the names and titles of those individuals authorized to execute contracts and other legally binding documents on behalf of the Bidder. Bidders are advised to keep this list as small as possible, as Contractors will be required to notify the of any changes. If the person signing in the signature block below will also serve as an Authorized Signatory, that person s name should be included in the typed table. With regard to the next paragraph, which begins I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk or Legal Counsel for the Contractor, if your organization does not have these titles, cross them out and handwrite the appropriate title above the paragraph. The signature and date should be handwritten in blue ink. Title, telephone, fax and should be typed or handwritten legibly. The second page of the form states that the page is optional. However, for the purpose of this procurement this page is REQUIRED, not optional. The person signing this page must be the same person signing the Standard Contract Form, the Commonwealth Terms and Conditions, and the RFR Checklist. Please note that in two places where the form says in the presence of a notary, this should be interpreted to mean in the presence of a notary or corporate clerk/secretary. Either a notary or corporate clerk/secretary can authenticate the form; only one is required. Organizations whose corporate clerks/secretaries authenticate this form are not required to obtain a Corporate Seal to complete this document Affirmative Market Program Plan The Bidder must complete and submit the Affirmative Market Program (AMP) Form found under the Forms & Terms tab of this RFR with its response to this RFR. This is NOT the same as the Affirmative Action Plan or SOMBWA certification of the Bidder s company. Please see the RFR Required Specifications for a description of the Affirmative Market Program (Section 2.26). Bidders do not need to be SOMBWA-certified to participate. Note that copies of the SOMBWA certifications for any company listed on the Affirmative Market Program Plan must be included with your Proposal. It is highly desirable that Bidders commit to subcontracting a specific dollar amount, or a minimum percentage of dollars earned through BASIT-01, with a SOMBWA-certified company or company that has applied for SOMBWA certification. Although this is only one of several options to meet the requirements for participation in the Affirmative Market Program, it is the option which is weighted most heavily in the evaluation criteria.

19 RFR #: AGO-08-TELSYSTEM-001 February 22, Page 16 Affirmative Market Program participation accounts for 10% of the total points in the evaluation. Please note that SOMBWA-certified Bidders will be evaluated on their Affirmative Market Programs just as non-sombwa-certified Bidders are evaluated. A SOMBWA-certified Bidder may not list itself as being an Affirmative Market Program Partner to its own company Northern Ireland Notice and Certification The Bidder must complete and submit the Northern Ireland Notice and Certification form found under the Forms & Terms tab of this RFR with its response to this RFR. All Bidders must complete the Northern Ireland Notice and Certification form to satisfy M.G.L. c.7 section 22C, which states that no state agency may procure commodities or services from any Bidder employing ten (10) or more employees in an office or other facility located in Northern Ireland unless the Bidder certifies through the notice and certification form that if it employs ten or more employees in Northern Ireland, a) the Bidder does not discriminate in employment, compensation or the terms, conditions and privileges of employment on account of religious or political belief, b) the Bidder promotes religious tolerance within the workplace and the eradication of any manifestations of religious and other illegal discrimination and, c) the Bidder is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland Certification of Tax Compliance All Bidders must certify compliance with all Federal and Commonwealth tax laws, including M.G.L. Chapter 62C Paragraphs 49A. A Bidder may self certify on the appropriate Response Form. Bidders based in Massachusetts or deriving an income in Massachusetts are encouraged to apply for a Certificate of Good Standing from the Massachusetts Department of Revenue. DOR s Certificate Unit of the Taxpayer Service Division, which issues these certificates, is located at: Massachusetts Department of Revenue, Certificate Unit P.O. Box 7066, Boston, MA Bidders can apply for a Certificate of Good Standing from DOR in one of 2 ways: 1) apply online visit DOR s Certificate of Good Standing Website or see for instructions if the previous link is no longer valid 2) complete a paper application (fax to DOR at ). DOR will notify the requestor if there are any remaining liabilities or tax requirements. Certificates will be issued only if the organization is in full compliance. Since all applications require extensive research, the Bidder should allow sufficient time to process. For more information on the certificate contact the Certificate Unit at (617)