Environmental Response Submission Compliance. In the event that paper submissions are required and
in an effort to promote greater use of recycled and environmentally preferable products and minimize waste,
all required paper responses that are submitted should comply with the following guidelines:
• All copies should be printed double sided.
• All submittals and copies should be printed on recycled paper with a minimum post-consumer
content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as
kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included
with the response.
• Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-
recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and
GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.
• Bidders should submit materials in a format which allows for easy removal and recycling of paper
materials.
• Bidders are encouraged to use other products which contain recycled content in their response
documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes,
envelopes, boxes, etc. Where appropriate, bidders should note which products in their responses are
made with recycled materials.
• Unnecessary samples, attachments or documents not specifically asked for should not be
submitted.
Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State
Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509,
issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after
July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines
established by the Department of Public Health (DPH). The nutrition guidelines are available at the
Department’s website:
Executive Order # 509 Guidance.
Filing Requirements. Required for POS Only. Not applicable to non-POS bidders. Successful bidders must
have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for
current contractors, with the Operational Services Division via the Internet using the UFR eFiling application
for the most recently completed fiscal year before a contract can be executed and services may begin.
Other contractor qualification/risk management reporting requirements and non-filing consequences
promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may also apply. In the event
immediate services are required by a department, a contract may be executed and services may begin with
the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the
appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has
been filed.
HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the
definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
will include in the RFR and resulting contract sufficient language establishing 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
