123474 RFR 12-7-23.pdf

Table of Contents Page i Document Sensitivity Level: High during development; Low once published.

THE COMMONWEALTH OF MASSACHUSETTS

Massachusetts Department of Transportation (MassDOT) - Highway Operations

10 PARK PLAZA, BOSTON, MA 02116

Request for Response (RFR)

Document Title: Vehicle Parts, Accessories, Repair, Services and Towing of Light, Medium and Heavy-Duty Equipment

COMMBUYS Bid#: BD-24-1030-0H100-0H110-95387

ProjectInfo Number: 123474

12/7/2023

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www..com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888- MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m.

Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

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1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.2 Background information

1.3 Applicable Procurement Law

1.4 Number of awards

1.5 Adding Contractors after initial Contract award

1.6 Eligible Entities

1.7 Acquisition Method(s)

1.8 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract

1.9 Contract Duration

1.10 Estimated Value of the Contract

1.11 Basis for estimated dollar value for this Contract (including all options to renew) ... 2

2 ESTIMATED PROCUREMENT CALENDAR

2.1 Written questions via the Bid Q&A on COMMBUYS

2.2 Locating Bid Q&A

2.3 Amendment Deadline

3 SPECIFICATIONS

3.1 Bidder Qualifications and Company Experience

3.1.1 Company certifications and affiliations

3.1.2 Company experience

3.1.3 Years in the industry of the bid

3.1.4 Bankruptcy, litigation, and contract defaults

3.1.5 References and reference information and/or requirements

3.1.6 Employee requirements

3.1.7 Certificate of Insurance

3.2 Commodity Specifications

3.3 Category 1 - OEM & Non-OEM Auto and Body Parts and Supplies

3.3.1 Auto Parts:

3.3.2 Body Parts and Supplies:

3.3.3 Refined Motor Oil, Lubricants and Other Fluids

3.3.4 Automotive Batteries

3.3.5 Tires, Tubes & Services

3.4 Category 2 – Vehicle and Equipment Repair and Service

3.4.1 Vehicle and Equipment Repair and Service:

3.4.2 Auto Body Repairs:

3.4.3 Windshield and Glass Replacement:

3.5 Category 3 – Specialty Equipment & Vehicle Sales

3.6 Category 4 – Towing Service

3.7 Category 5 – Hydraulic Lift Maintenance, Inspection and Repair Service

3.8 Eligible commodities

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3.8.1 Eligible brands and models

3.8.2 Environmental requirements

3.8.3 Performance specifications, durability, disclosures, and recalls

3.8.4 Warranties and guarantees

3.8.5 Availability guarantees of service, service parts, accessories, and supplies

3.8.6 Operating manuals

3.8.7 Remanufactured and refurbished equipment & supplies provisions

3.8.8 Sample products for evaluation

3.8.9 Loaner Equipment

3.8.10 Emergency response plans/preparedness

3.8.11 Geographic service and delivery areas

3.8.12 Service parts & service parts warranties

3.9 Supplier Diversity Program

3.9.1 Program Background

3.9.2 Financial Commitment Requirements

3.9.3 Eligible SDP Partner Certification Categories

3.9.4 Eligible Types of Business-to-Business Relationships

3.9.5 Program Flexibility

3.9.6 SDP Plan Form Requirements

3.9.7 Evaluation of SDP Forms

3.9.8 SDP Spending Reports and Compliance

3.9.9 SDP Spending Verification

3.9.10 Program Resources and Assistance

3.9.11 Executive Order 515, Establishing an Environmental Purchasing Policy

3.10 Compensation Structure/Pricing

3.10.1 Labor rates or project-based compensation

4 OTHER TERMS

4.1 Continued qualification based on performance

4.2 Reporting

4.3 Security and confidentiality

4.4 Order Procedures

4.4.1 Estimates

4.4.2 Delivery Terms

4.4.3 Invoicing

5 AUDIT

6 EVALUATION CRITERIA

6.1 Mandatory requirements

6.2 Desirable specifications

6.3 Alternatives

6.4 Evaluation Components

6.4.1 Price

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6.4.2 Supplier Diversity Plan

6.4.3 Company certifications and affiliations

6.4.4 Company experience

7 HOW TO SUBMIT A QUOTE

7.1 Quote Submission Method

7.2 COMMBUYS Quote Submission Training and Instructions

7.3 COMMBUYS Support

7.4 Bid Opening Date/Time

7.5 Quote Contents

7.5.1 RFR Submission Checklist

7.5.2 Electronic Signatures

7.5.3 Acceptable Forms of Signature

7.6 Limits and Restrictions

7.6.1 File Naming Conventions

7.6.2 File Size Limits

7.6.3 File Format Restrictions

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

7.7.2 After Bid Opening Date/Time

7.8 Additional Quote Terms

7.8.1 Prohibition regarding contract terms

7.8.2 Bidder Response Form

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Alterations

8.1.2 Ownership of Submitted Quotes

8.1.3 Prohibitions

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

8.2.2 Contractor’s Contact Information

8.2.3 Contractual Status of Orders and Service Contracts

8.2.4 Publicity

9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

10 APPENDIX 3 - OTHER SPECIFICATIONS

11 APPENDIX 4 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

11.1 Commonwealth Standard Contract Form

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11.2 Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions ...26

11.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

11.4 Contractor Authorized Signatory Listing

11.5 Supplier Diversity Program Plan Form

11.6 Prompt Payment Discount Form

11.7 Business Reference Form

12 APPENDIX 5 – INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

APPENDIX 6 – HYDRAULIC LIFT MAINTENANCE, INSPECTION AND REPAIR SERVICES

APPENDIX 7 – TOWING SERVICES

RFR Vehicle Parts, Accessories, Repair, Services and Towing of Light, Medium and Heavy-Duty

Equipment / COMMBUYS Bid# BD-24-1030-0H100-0H110-95387

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts Department of Transportation (MassDOT), Highway Division is soliciting Bidders for the acquisition of vehicles, specialty equipment, vehicle parts, accessories, repair, services and towing of light, medium and heavy-duty equipment. This contract has five categories and bidders are required to indicate which categories (or subcategories) they are bidding within Attachment A Bidder Response Form:

Category 1 - OEM & Non-OEM Auto and Body Parts and Supplies

• Also includes: Motor Oil, Lubricants, Fluids, Batteries, Tires/Tubes and Service.

• See Section 3.3 for details.

Category 2 – Vehicle and Equipment Repair and Service

• Also includes: Auto Body Repairs and Windshield/Glass Replacement

• See Section 3.4 for details.

Category 3 – Specialty Equipment and Vehicle Sales Category

• See Section 3.5 for details.

Category 4 – Towing Service

• See Section 3.6 for details.

Category 5 – Hydraulic Lift Maintenance, Inspection and Repair Services

• See Section 3.7 for details.

1.2 Background information

This will replace MassDOT Highway Division’s current contract (#99522), which is set to expire on 6/30/24.

1.3 Applicable Procurement Law

This Bid is issued under the following law(s):

• MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.4 Number of awards

The target maximum number of Contractors is 60. This is a target number; the Strategic Sourcing Team (SST) may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

1.5 Adding Contractors after initial Contract award

If, over the life of the Contract, the SST determines that additional Contractors should be added, these may first be drawn from qualified companies that responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

1.6 Eligible Entities

Any contract resulting from this Bid will be open only for use by MassDOT.

1.7 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchase and Fee for Service.

1.8 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 6 months after final contract end date. No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance, or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main contract.

1.9 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of Options

Number of Years/Months

Initial Duration 5 Years Renewal Options 1 5 Years Total Maximum Contract Duration

10 Years

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

1.10 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $80M. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

1.11 Basis for estimated dollar value for this Contract (including all options to renew) The “Estimated Value (US$)” for this Bid was based on the average annual sales under the current contract (approximately $8M annually) and includes all options to renew.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 11/17/2023

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

12/8/2023

12/22/2023

Official Answers for Bid Q&A published (Estimated) 12/11/2023

12/25/2023

Training for Online Quote/Bid Response Submission 12/6/2023, 12/21/2023, 1/9/2024 https://www.mass.gov/info-details/vendor-training-courses

Bid Amendment Deadline / Online Quote submission begins. Bid documents will not be amended after this date.

12/15/2023

12/29/2023

Bid Response Period Begins in COMMBUYS 12/15/2023

12/29/2023

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

4/1/2024 2pm EST

Notification of Apparent Successful Bidder(s) (Estimated)

4/18/2024

Estimated Contract Start Date 4/1/2024

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions) and prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that questions submitted to the SST using any other medium (including those that are sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate https://www.mass.gov/info-details/vendor-training-courses https://www.mass.gov/info-details/vendor-training-courses questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing since all questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and 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 Purchasing Department, including requests for clarification. The Purchasing Department 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 Purchasing Department to be lost or rejected by any means, including email or spam filtering.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

2.3 Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and 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.

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications and Company Experience

Bidders will provide the below information by completing Attachment A Bidder Response Form.

3.1.1 Company certifications and affiliations

Bidders must hold the applicable certifications and licenses to perform the work and/or be authorized to sell the parts, equipment and/or vehicles being requested under this bid solicitation.

3.1.2 Company experience

Bidders must complete Attachment A Bidder Response Form. In addition to providing legal business name, address and tax id, the bidder shall submit a profile of the firm’s operations, including but not limited to the years the bidder has been in business (minimum of three years), details of their experience in the categories or subcategories they are bidding and a description of bidder's current business in Massachusetts.

3.1.3 Years in the industry of the bid

Bidders must have been in the business of providing products and/or services for any of the categories within this Request for Response for at least the three (3) years most recent consecutive years prior to the RFR submission deadline.

In the case of companies formed fewer than three (3) years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

3.1.4 Bankruptcy, litigation, and contract defaults

Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

Bidder must state if there are any past pending legal actions including contract defaults, litigation, and bankruptcy, and / or any purposeful business name change due to contract defaults, litigation, or bankruptcy. The past is defined as the three years prior to the opening of this solicitation.

3.1.5 References and reference information and/or requirements Bidders must provide all requested information on the Business Reference Form for three (3) business references which are State or Local Government entities with at least a two (2) year purchasing history with your company, if available. In completing this form, note that the “Bidder” is the name of the company submitting a Quote in response to this Bid. Also, please note that: “Reference Name” is the name of the organization (if not applicable, then name of the individual) that is providing the reference;

“Contact” is the name of the individual inside the organization that will provide the reference; and the “Address,” “Phone #” and “Fax/Internet Address” are those of the “Contact” so that the SST may be able to reach them.

3.1.6 Employee requirements

Bidders must provide a narrative describing the relevant licenses, certifications and trainings held by staff for the categories being bid in Attachment A Bidder Response Form as well as the methods used to ensure that staff maintain these requirements.

3.1.7 Certificate of Insurance

Provide a scanned copy of a Liability Certificate of Insurance – certificate should include coverages listed below:

• Property – Contractor should be responsible for insuring their own property for all causes of direct physical loss and valuation must be subject to full replacement cost. Policy should include a Waiver of Subrogation in favor of MassDOT.

• Commercial General Liability - $1,000,000 / $2,000,000 – Name MassDOT as an Additional Insured on a primary and non-contributory basis and include a Waiver of Subrogation in favor of MassDOT.

• Automobile Liability - $1,000,000 combined single limit for all owned, non-owned and hired vehicles. MassDOT must be named as an additional insured and the policy shall include a Waiver of Subrogation in favor of MassDOT.

• Garage Keepers – Not needed if coming on MassDOT’s site

• Workers Comp – Statutory Benefits and Employers Liability - $500,000 / $500,000 / $500,000 – Include a Waiver of Subrogation in favor of MassDOT.

• Umbrella - $10,000,000 per occurrence / $10,000,000 per aggregate. The policy must provide excess coverage over the primary general liability, automobile liability and employers liability grant in the workers compensation policy.

• Contractors Pollution Legal - $1,000,000 per claim / $1,000,000 aggregate. Approval for all deductible in excess of $10,000 must be approved by MassDOT.

• All policies must be specifically endorsed to provide 30 day’s notice of cancellation to MassDOT and maintain a minimum Best Rating of A- VII.

3.2 Commodity Specifications

This contract is intended for the purchase of equipment, vehicles, their parts and accessories and the repair and servicing of light, heavy duty and specialized equipment. Details of each category are contained below:

3.3 Category 1 - OEM & Non-OEM Auto and Body Parts and Supplies Bidders should indicate in Attachment A: Bidder Response Form the products which they are offering. Bidders are not required to bid on every subcategory described below. Bidders must indicate which of the five below subcategories are being bid on within Attachment A Bidder Response Form.

Bidders must provide pricing for each of the categories they are bidding on in Attachment B: Price File. Pricing for Category 1 should be indicated as a % off of list price. Bidders can also submit a separate price file as an attachment outlining their offerings along with pricing.

3.3.1 Auto Parts:

The parts below represent the most used parts and are not intended as a complete list. Parts may be OEM or Non- OEM. It is encouraged that Remanufactured or reconditions parts are available to the purchasing entity. All parts must meet OEM standards and any governing standards/regulations. Remanufactured or reconditioned is defined as products or equipment partially or fully manufactured from existing product material where such materials are cleaned and repaired to the extent possible and reused in the new product or equipment in accordance with the Original Manufacturer’s specifications. All unusable parts are to be removed and replaced with new or remanufactured parts which meet the OEM standards.

Air Conditioning Emission and Exhaust Pumps, Fuel and Water Alternators and Starters Engine and Drive Train Suspension, Shocks, Struts and Steering Bearings, Ball and Roller Filter, Oil, Gas, Air and Transmission Wipers/Washers Belts and Hosts Gaskets and Seals Shop Supplies Brakes Heating and Cooling (Engine) Winter Accessories Electrical and Ignition Lamps, Lighting and Mirrors

3.3.2 Body Parts and Supplies:

The parts below represent the most used parts and are not intended as a complete list. Body parts may be OEM or Non-OEM. Junkyard parts are not allowed.

Bumpers & Components Radiator Support & Components Spray Nozzles Fenders & Components Fuel Tanks & Components Primer Mirrors & Components Switches, Relays, Wiring &

Components Tape

Hoods & Components Truck Bed & Tailgate Accessories Sander/Sandpaper Grilles & Components Vehicle Lights & Components Spray Gun Door Handles, Locks & Accessories Exterior Paint Glossy Car Paint Windows & Components Spray Hoses

3.3.3 Refined Motor Oil, Lubricants and Other Fluids

All motor oils, lubricants and other fluids in the below categories will be allowed under this contract. Bulk sizes are allowed.

1. Motor oil

a. Virgin Motor Oil

b. Refined and Re-refined Motor Oil

c. Synthetic Motor Oil

2. Lubricants

a. All Lubricants and Greases

3. Other Fluids

a. Windshield Washer Fluids

b. Radiator Fluids

c. Fleet & Equipment Maintenance Fluids

d. All other automotive Fluids

3.3.4 Automotive Batteries

All automotive batteries and brands are allowed, including batteries for vehicle keys. A CORE charge for batteries may be charged but must be refunded or alternatively applied when batteries are returned for disposal. A CORE charge, or CORE price, is a deposit paid by the Eligible Entity and is refundable or alternatively applied upon return of old battery for disposal. Awarded vendors must offer return and disposal pick up for old batteries.

3.3.5 Tires, Tubes & Services

Tire and tube purchases, installation and related services such as alignment, balancing, etc. Contractors will provide the collection and proper disposal of scrap tires for the fees (if applicable) outlined in Attachment A:

Bidder Response Form. Bidders offering installation and service should indicate their hourly rates in Attachment B: Price File.

3.4 Category 2 – Vehicle and Equipment Repair and Service

This category is for vendors who can provide any of the below services. Services must be performed by qualified staff who are authorized to work on the equipment being serviced. Work may be performed at a vendor’s locations, a Mass DOT location or in the field as directed by MassDOT. Bidders should indicate in Attachment A:

Bidder Response Form the services which they are offering. Bidders are not required to bid on every subcategory described below. Bidders must indicate which of the three below subcategories are being bid on (or propose a related service not outlined below) within Attachment A Bidder Response Form.

Bidders must provide pricing for each of the categories they are bidding on in Attachment B: Price File. Pricing for Category 2 should be indicated as an hourly rate. Bidders can include multiple hourly rates for different services if applicable. Bidders can also submit a separate price file as an attachment outlining their service offerings with pricing.

3.4.1 Vehicle and Equipment Repair and Service:

Repairs to light, medium and heavy-duty vehicles and equipment. This also includes oil changes, inspections and radiator repairs. Bidders interested in offering inspections should bid on this category.

3.4.2 Auto Body Repairs:

Auto body repairs include welding fabrication.

3.4.3 Windshield and Glass Replacement:

All Windshield and Glass furnished under this Contract shall be of the latest design and construction. Bidders must be able to service motor vehicles and motor vehicle equipment. Bidders must offer a full line of Windshield and Glass Replacement and repair products for vehicles. Bidders must offer products based off of the National Auto Glass Specification (NAGS) Parts & Price List and follow the Regulations set by the Federal Motor Vehicle Safety Standards and Regulations (FMVSS). In addition to a full line of glass products, bidders can offer the following:

• Flat glass for equipment

• Back glass removal and reinstallation services

• Glass repairs

• Mirror Glass

Bidders must also be able to provide mobile and on-site services for the contract user. It is preferred that the mobile service is offered at no cost, but not required. Contractors must clean up and disposal of broken/damaged glass upon completion of service. Recycling broken/damaged glass is desirable.

3.5 Category 3 – Specialty Equipment & Vehicle Sales

This category is intended for bidders who sell vehicles, provide sales, service, repair and/or parts for specialized vehicles and equipment such as sweepers, paint trucks, forklifts, snow fighters, other snow & ice equipment, trailers, attenuators, and other related equipment. This category also allows for the purchase of new vehicles and equipment which are essential to MassDOT operations.

Pricing for Category 3 should be indicated as an hourly rate, fixed price or % off of list price in Attachment B: Price File. If applicable, bidders can include multiple hourly rates for different services. Bidders can also submit a separate price file as an attachment outlining their service or vehicle/equipment offerings with pricing.

3.6 Category 4 – Towing Service

This category is intended for bidders who can provide towing service and roadside assistance to MassDOT vehicles across the Commonwealth. Bidders must be able to furnish the services of light and medium-duty tow trucks as well as a heavy-duty wrecker as needed.

All tow trucks shall bear inspection stickers issued by the Massachusetts Registry of Motor Vehicles.

Vehicles must meet the requirements outlined in Appendix 7.

Pricing for Category 4 should be indicated as an hourly rate or a fixed price in Attachment B: Price File. Bidders can include multiple hourly rates for different services if applicable. Bidders can also submit a separate price file as an attachment outlining their service offerings with pricing.

3.7 Category 5 – Hydraulic Lift Maintenance, Inspection and Repair Service Comprehensive preventive maintenance/annual inspections and repair services for MassDOT hydraulic lifts including bucket trucks. Full details of this requirement can be found in Appendix 6.

Pricing for Category 5 should be indicated as an hourly rate or a fixed price in Attachment B: Price File. If applicable, Bidders can include multiple hourly rates for different services. Bidders can also submit a separate price file as an attachment outlining their service offerings with pricing.

3.8 Eligible commodities

3.8.1 Eligible brands and models

All brands of Vehicles, Automotive Parts, Equipment Parts, Paints, Refined and Virgin Motor Oil, lubricants and other fluids will be allowed under this contract. Non-OEM bidders must provide proof of authorization to resell OEM brands. OEM brands may be added at any time during the contract with proof of authorization. Environmentally Preferable Products (EPP) should be offered when available. Bidders should encourage buying entities to purchase EPPs when they are available.

3.8.2 Environmental requirements

For the replacement service and parts for cracked or broken windshields, the vendor recycles 100% of all windshields that are replaced. Vendors offering batteries on the contract must offer recycling of batteries including, but not limited to mercury oxide, silver oxide, button cell, sealed lead acid, lithium of all types, and compositions, such as lithium ion, magnesium, nickel cadmium, nickel metal hydride, and alkaline either through a municipally offered household hazardous waste event or as an individual pick-up.

When possible, automotive fluids should be reused or recycled and not mixed with other fluids when disposed of. Tires should not be burned or buried. All fluids must properly be managed, recycled, or disposed of according to appropriate guidelines. Specific details can be included.

If applicable, the Contractor must provide products that earn the ENERGY STAR rating and meet the ENERGY STAR specifications for energy efficiency in order to keep overall event costs to a minimum. The Contractor is encouraged to visit www.energystar.gov for complete product specifications and updated lists of qualifying products.

3.8.3 Performance specifications, durability, disclosures, and recalls If a product fails or is recalled, Bidder must comply with all recall instructions issued by the manufacturer.

In instances that a product fails, Bidder is response for the replacement of the part.

3.8.4 Warranties and guarantees

All parts must be OEM or equivalent to the manufacturer specifications with MassDOT approval. All work being done on the MassDOT vehicles will be done at a reasonable time. All work will be covered by the http://www.energystar.gov/ manufacturer’s warranty that is the industry standard or better. Bidders must honor all manufacturing warranties for products sold. These warranties must be passed on to the end user.

3.8.5 Availability guarantees of service, service parts, accessories, and supplies Bidders must agree to provide the Commonwealth with parts and services at a priority level and guarantee the availability of parts and service on a regular basis. Bidders must provide a Continuity of Operations plan as outlined in Section 3.8.10 within Attachment A: Bidder Response Form.

3.8.6 Operating manuals

Bidders must provide copies of operating manuals at the request of MassDOT.

3.8.7 Remanufactured and refurbished equipment & supplies provisions Remanufactured or Reconditioned is defined as products or equipment partially or fully manufactured from existing product materials where such materials are cleaned and repaired to the extent possible and reused in the new product or equipment in accordance with the original manufacturer’s specifications. All unusable parts are to be removed and replaced with new or remanufactured parts, which meet OEM standards and any governing standards/regulations. All remanufactured or rebuilt products must be explicitly identified in all vendor quotes, product literature or catalogs. These parts must be warranted to be free of defective parts and workmanship. Remanufactured parts supplied shall be repaired back to OEM standards and must be approved for use by MassDOT.

3.8.8 Sample products for evaluation

MassDOT may require product samples for evaluation or verification at no cost.

3.8.9 Loaner Equipment

If the time for warranty or service repairs exceeds the specified time, the Contractor shall provide equivalent loaner equipment upon request by the customer. Loaner equipment shall be provided at no cost, including shipment to the customer’s location and return of loaner equipment to the Contractor.

3.8.10 Emergency response plans/preparedness

In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Contract on a priority basis. The Bidder’s Quote should include the following information within Attachment A: Bidder Response Form:

• Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency.

• A list of emergency contact information including name, position/title, phone, email, and mobile phone.

• A list of the Bidder’s building location(s) that would be available to serve the Commonwealth during an emergency.

• A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City, or Region).

This information will not be considered in the evaluation of the Quote.

3.8.11 Geographic service and delivery areas

It is preferred that bidders service the entire Commonwealth, however it is not required. If a bidder cannot service all MassDOT Districts, bidders must indicate the MassDOT districts in which they service on Attachment A Bidder Response Form.

A list of all cities and towns located within each District can be found here:

https://www.mass.gov/info-details/find-your-highway-district-office

3.8.12 Service parts & service parts warranties

All parts must be OEM or equivalent to the manufacturer specifications with MassDOT approval. All work being done on MassDOT vehicles will be done at a reasonable time. All work will be covered by the manufacturer’s warranty.

https://www.mass.gov/info-details/find-your-highway-district-office

3.9 Supplier Diversity Program

3.9.1 Program Background

Pursuant to Executive Order (EO) 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

3.9.2 Financial Commitment Requirements

All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

3.9.3 Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

3.9.4 Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

https://www.mass.gov/executive-orders/no-565-reaffirming-and-expanding-the-massachusetts-supplier-diversity-program https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/supplier-diversity-office

3.9.5 Program Flexibility

The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract provided the

Contractor continues to meet its SDP Commitment.

3.9.6 SDP Plan Form Requirements

All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

• Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory.

After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability:IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable.

While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

• A clearly stated purpose or goal.

• Specific types of diverse and small businesses targeted.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified https://www.mass.gov/forms/take-the-certification-self-assessment

• Which departments/units within the business are responsible for implementing supplier diversity.

• Types of opportunities for which diverse and small businesses are considered.

• Specific measures/methods of engagement of diverse and small businesses.

• An existing internal supplier diversity policy.

• Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

• Serving as a mentor in a mentor-protégé relationship.

• Technical and financial assistance provided to diverse businesses.

• Participation in joint ventures between nondiverse and diverse businesses.

• Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

3.9.7 Evaluation of SDP Forms

To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

3.9.8 SDP Spending Reports and Compliance

After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S.

Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor's compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO, and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

3.9.9 SDP Spending Verification

The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

3.9.10 Program Resources and Assistance

Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://www.vetbiz.va.gov/basic-search/ http://www.mass.gov/sdp mailto:sdp@mass.gov

3.9.11 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply 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 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. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

3.10 Compensation Structure/Pricing

Bidders must submit their pricing for parts and equipment as a % off list price. Pricing for services must be submitted as an hourly rate. Bidders should submit their prices in Attachment B: Price File or as a separate file attachment.

3.10.1 Labor rates or project-based compensation

Bidders in service categories must submit their hourly rates in Attachment B: Price File.

4 OTHER TERMS

4.1 Continued qualification based on performance

4.2 Reporting

Contractors are responsible for compliance with all contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

4.3 Security and confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties 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, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

4.4 Order Procedures

4.4.1 Estimates

Authorized equipment maintenance personnel must receive an estimate, clearly stating what the value of the parts and labor will consist. All invoices are to be given an identification number or service contract number estimating the total cost to repair each vehicle or vehicle component. Vendor will verify with MassDOT staff for approval to proceed with repairs if the vendor estimates that actual costs will overrun the original quote by more than ten percent (10%). Vendor will list the specific costs for materials, parts, https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy supplies, labor and other costs on separate invoices for each vehicle or component repaired. All parts must be OEM or equivalent to the manufacturer specifications with MassDOT approval. All work being done on the MassDOT vehicles will be done at a reasonable time. All work will be covered by the manufacturer’s warranty. Parts must be shipped F.O.B. Destination.

4.4.2 Delivery Terms

All items housed at the vendors’ facilities must be delivered within two hours of acceptance of the order unless the eligible entity agrees a longer delivery time is acceptable. Vendors are required to work with eligible entities to ensure common items are available at the earliest practical time.

Deliveries for bulk orders and purchases of items not housed at the vendors’ facilities must be delivered within three business days, unless otherwise discussed and agreed upon by the eligible entity.

All orders may be cancelled within one (1) hour of order acceptance with no restocking fee. If the delivery will exceed the agreed upon timeframe, cancellation will be acceptable with no restocking fee.

4.4.3 Invoicing

Invoices must include the following information:

• MassDOT Contact Person

• The State license plate number (S#).

• The Equipment number (E#).

• The cost of labor (including the minimum or maximum hourly rate and the number of hours worked on equipment to finalize labor charge)

• The total cost of parts.

• Vehicle odometer reading, equipment hours reading and any other charge requested by MassDOT.

5 AUDIT

During the term of this Agreement and for a period of six years thereafter, Massachusetts Department of Transportation (MassDOT), Highway Division, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged Massachusetts Department of Transportation (MassDOT), Highway Division, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6 EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

6.1 Mandatory requirements

Mandatory Specifications must be met for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components that may be evaluated by the SST.

The SSST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or may be easily corrected.

Bid sections that include terms such as: “must,” “shall,” “will,” and “required” are mandatory. Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

6.2 Desirable specifications

Desirable specifications may be scored according to the Evaluation Criteria.

6.3 Alternatives

A Quote that fails to meet any material term or condition of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Quotes proposing alternatives that provide equivalent, better, or more cost-effective performance than achievable under the stated Bid specifications.