132830 RFR - Fuel System Services and Fuel Tank Cleaning.pdf

REQUEST FOR RESPONSE Fuel System Maintenance and Services and Fuel Tank Cleaning

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

Request for Response (RFR)

Document Title: Fuel System Maintenance and Services and Fuel Tank Cleaning

Agency Document Number: 132830

COMMBUYS Bid#: BD-26-1030-0H100-0H011-123292

December 1, 2025

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at OSDHelpdesk@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

https://www.mass.gov/doc/legal-holiday-calendar-for-state-employees/download?_ga=2.145424689.462359365.1746538510-1895896813.1725987281&_gl=1*1xm1lts*_ga*MTg5NTg5NjgxMy4xNzI1OTg3Mjgx*_ga_MCLPEGW7WM*czE3NDY1NDk4MzAkbzExMCRnMSR0MTc0NjU1MDkxNiRqMCRsMCRoMA..

https://www.mass.gov/doc/legal-holiday-calendar-for-state-employees/download?_ga=2.145424689.462359365.1746538510-1895896813.1725987281&_gl=1*1xm1lts*_ga*MTg5NTg5NjgxMy4xNzI1OTg3Mjgx*_ga_MCLPEGW7WM*czE3NDY1NDk4MzAkbzExMCRnMSR0MTc0NjU1MDkxNiRqMCRsMCRoMA..

Table of Contents Page ii

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 APPLICABLE PROCUREMENT LAW

1.3 ESTIMATED PROCUREMENT CALENDAR

1.3.1 SUBMISSION OF BID QUESTIONS

1.3.2 BID AMENDMENT DEADLINE

1.3.3 LATE BIDS WILL NOT BE CONSIDERED

1.3.4 DEBRIEFING

1.4 ADDITIONAL BID INFORMATION

1.4.1 ANTICIPATED CONTRACT DURATION:

1.4.2 ESTIMATED VALUE OF THE CONTRACT

1.4.3 ESTIMATED NUMBER OF AWARDS

1.4.4 CONTRACT RENEWAL

1.4.5 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.4.6 RFR SUBMISSION CHECKLIST

1.4.7 ACQUISITION METHOD(S):

1.4.8 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 BIDDER QUALIFICATIONS

2.1 COMPANY EXPERIENCE

2.1.1 YEARS IN THE INDUSTRY OF THE BID

2.1.2 COMPANY CERTIFICATIONS AND AFFILIATIONS

2.2 EMERGENCY RESPONSE CAPABILITIES

2.3 FINANCIAL STABILITY INCLUDING BANKRUPTCY, LITIGATION AND CONTRACT DEFAULTS

2.3.1 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

2.4 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

2.5 INSURANCE REQUIREMENTS

3 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

3.1 FUEL POLISHING AND CLEANING

3.1.1 DELIVERY TERMS

3.1.2 CONSTRUCTION LAW COMPLIANCE

3.2 RETURNS

3.3 WARRANTIES

3.4 GUARANTEE/ACCIDENTS/SPILLS

3.5 GEOGRAPHIC COVERAGE

3.6 ENVIRONMENTAL SPECIFICATIONS

3.6.1 EXECUTIVE ORDER 515, ESTABLISHING AN ENVIRONMENTAL PURCHASING POLICY

3.6.1 APPLIANCE EFFICIENCY STANDARDS

3.7 COMPENSATION STRUCTURE/PRICING

3.7.2 PROMPT PAY DISCOUNT

3.7.3 AUTHORIZED PRICE CHANGES

Table of Contents Page iii

4 SUPPLIER DIVERSITY PLAN (SDP)

4.1 PROGRAM BACKGROUND

4.2 FINANCIAL COMMITMENT REQUIREMENTS

4.3 ELIGIBLE SDP PARTNER CERTIFICATION CATEGORIES

4.4 ELIGIBLE TYPES OF BUSINESS-TO-BUSINESS RELATIONSHIPS

4.5 PROGRAM FLEXIBILITY

4.6 SDP PLAN FORM REQUIREMENTS

4.7 EVALUATION OF SDP FORMS

4.8 SDP SPENDING REPORTS AND COMPLIANCE

4.9 SDP SPENDING VERIFICATION

4.10 PROGRAM RESOURCES AND ASSISTANCE

5 EVALUATION CRITERIA

5.1 MANDATORY REQUIREMENTS

5.2 DESIRABLE SPECIFICATIONS

5.3 EVALUATION COMPONENTS

5.4 BEST VALUE SELECTION AND NEGOTIATION

6 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

6.1 ELECTRONIC SIGNATURES

6.2 ACCEPTABLE FORMS OF SIGNATURE

6.3 LIMITS AND RESTRICTIONS

6.3.1 FILE SIZE LIMITS

6.3.2 FILE FORMAT RESTRICTIONS

6.3.3 FILE NAMING CONVENTIONS

6.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

6.4.1 QUOTE CONTENT

6.4.2 NON-COLLUSION

6.4.3 MULTIPLE QUOTES

6.4.4 WITHDRAWING A QUOTE

PRIOR TO BID OPENING DATE/TIME

AFTER BID OPENING DATE/TIME

6.4.5 BIDDER’S CONTACT INFORMATION

6.4.6 OWNERSHIP OF SUBMITTED QUOTES

6.4.7 PROHIBITIONS

6.4.8 PROHIBITION REGARDING CONTRACT TERMS

6.4.9 PUBLIC RECORDS LAW

6.4.10 REASONABLE ACCOMMODATION

7 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

7.1 REQUIRED FORMS

7.1.1 CHANGES TO CONTRACTOR’S INFORMATION

7.1.2 PUBLICITY

7.2 PERFORMANCE MEASURES

7.2.1 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

Table of Contents Page iv

7.2.2 AUDIT

7.3 PAYMENT RELATED TERMS

7.3.1 BILL PAYMENT

7.3.2 LATE PAYMENT FEES

7.3.3 ELECTRONIC FUNDS TRANSFER (EFT)

7.3.4 TAX EXEMPTION

8 RFR APPENDICES

8.1 APPENDIX 1: REQUIRED TERMS FOR ALL RFRS

8.1.1 GENERAL PROCUREMENT INFORMATION

8.1.2 TERMS AND REQUIREMENTS PERTAINING TO AWARDED CONTRACTS

8.2 APPENDIX 2: REQUIRED TERMS FOR ALL INFORMATION TECHNOLOGY RFRS

8.2.1 ENTERPRISE POLICY AND STANDARDS

8.2.2 COMMONWEALTH EXECUTIVE DEPARTMENT - ACCESSIBILITY CONTRACT LANGUAGE FOR

INFORMATION TECHNOLOGY SOLUTIONS

8.3 APPENDIX 3: INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

RFR 132830 COMMBUYS BID NUMBER BD-26-1030-0H100-0H011-123292 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Massachusetts Department of Transportation (MassDOT) is soliciting Bidders to service (including parts as needed) all aspects of the fueling system including but not limited to electronic mechanical, dispensers, card readers, pumps, hydrostatic and monitoring systems, fuel tank cleaning, vapor recovery system, fire suppression systems and entire fuel management system (FMS) that MassDOT has throughout the Commonwealth. There are approximately 65 of these sites throughout the Commonwealth as well as a list of off-site generator tanks requiring maintenance.

1.2 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)

1.3 Estimated Procurement Calendar

Action Date

Bid Release Date 12/01/2025

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

12/11/2025

Official answers for Bid Q&A published (Estimated)

12/13/2025

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training.

Dates and Times Available:

12/11/2026 1:00PM – 2:00PM

01/08/2026 10:00AM – 11:00AM

Online Webinar:

This interactive webcast provides instructions on several activities:

Locating and responding to bids;

Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

Bid Amendment Deadline. Bid documents will not be amended after this date.

12/17/2025

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

01/13/2026 at 2:00PM.

Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

01/30/2026 https://www.screencast.com/t/GMJLKkilF12

RFR 132830 COMMBUYS BID NUMBER BD-26-1030-0H100-0H011-123292 Page 2

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

3/1/2026

Note: See Appendix 3, "Instructions for Vendors Responding to Bids Electronically through COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/osd-vendor-training for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock 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.

1.3.1 Submission of Bid Questions

The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the 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 Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

1.3.2 Bid Amendment Deadline

Although Bidders may submit quotes any time after the Bid Release Date and prior to the Bid Opening Date, Bidders should ensure that their quotes are based upon the final versions of the RFR and its attachments. Final versions of RFR and its attachments are available after the Bid Amendment Deadline date.

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept 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. At the SST’s discretion, the Bid Amendment Deadline may be extended. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.3.3 Late Bids will not be Considered

Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

https://www.mass.gov/osd-vendor-training

RFR 132830 COMMBUYS BID NUMBER BD-26-1030-0H100-0H011-123292 Page 3

1.3.4 Debriefing

The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

1.4 Additional Bid Information

1.4.1 Anticipated Contract Duration:

The initial term of this Contract is 5 (five) years. In addition, this Contract has 1 (one) option to renew of up to 5 (five) years with a maximum possible contract duration of 10 (ten) 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.

1.4.2 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $3.3 million. The Department of Transportation 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.

This Estimated Value was derived by reviewing Contractor sales reports to the Massachusetts Department of Transportation for all quarters of FY 2021 through FY 2025.

1.4.3 Estimated Number of Awards

There is no predetermined maximum number of awards for this procurement. Bidders may be selected for award once the established evaluation criteria are met.

1.4.4 Contract Renewal

Contract renewals will be offered at the sole discretion of The Department of Transportation. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, meeting agreed upon key performance indicators and other performance measures, and adequate sales volume.

1.4.5 Adding Contractors after initial Contract Award

MassDOT and the SST may determine during the life of this contract that additional Contractors are necessary to meet Buyer’s needs and/or to obtain additional products or services. Additional Contractors may first be drawn from qualified Bidders which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain Quotes from additional Bidders. Contract reopening will be offered at the sole discretion of MassDOT.

1.4.6 RFR Submission Checklist

The Strategic Sourcing Team seeks to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist, and all documents referenced in the Checklist:

• Bidder Submission Checklist

• Attachment A Bidder Response Form

• Reference Letters

• Supplier Diversity Form

• Prompt Pay Discount Form

• Digital Accessibility Questionnaire

1.4.7 Acquisition Method(s):

RFR 132830 COMMBUYS BID NUMBER BD-26-1030-0H100-0H011-123292 Page 4

Check All Applicable (“X”):

Category

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other:

1.4.8 Entities Eligible to Use the Resulting Contract

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

2 BIDDER QUALIFICATIONS

2.1 Company experience

The bidder shall submit on the Bidder Response Form a profile of the company’s operations, including but not limited to the years the bidder has been in business, and the bidder’s experience in the offering services of similar scope.

2.1.1 Years in the industry of the Bid

Bidders must have been in the business of providing the services offered under this bid for at least the most recent consecutive year prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than 1 (one) year 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.

2.1.2 Company certifications and affiliations

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

2.2 Emergency Response Capabilities

Bidders should provide a comprehensive description of their available resources, including personnel, equipment, facilities, and technology that can be deployed in emergency situations. Bidders should also specify response times, rapid deployment commitments, and surge capacity for large-scale emergencies.

2.3 Financial stability including bankruptcy, litigation and contract defaults

2.3.1 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.

2.4 References and reference information and/or requirements

The Bidder must provide three (3) commercial or governmental client reference letters with at least a two (2) year purchasing history with your company, if available. Each reference letter must be printed on the client’s official company or agency letterhead and include the address, telephone number, duration of service relationship with the Bidder, and a description of the goods and services that the Bidder provided to the client. No more than one reference may be from MassDOT.

The SST may contact any reference for clarification or further questions as needed, and it is the Bidder’s responsibility to facilitate their responsiveness if needed or provide a substitute reference.

2.5 Insurance Requirements

The Contractor shall purchase and maintain throughout the term of this Contract adequate insurance coverage, to include but not be limited to the following types and amounts of coverage:

RFR 132830 COMMBUYS BID NUMBER BD-26-1030-0H100-0H011-123292 Page 5

• Commercial General Liability insurance in the amount of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Coverage shall be provided on a first dollar basis without a deductible.

• Automobile Liability insurance in the amount of $1,000,000.00 per accident, bodily injury and property damage combined. Coverage shall include owned, non-owned and hired liability.

• Umbrella coverage in the amount of $5,000,000.00 per occurrence and $5,000,000.00 in the aggregate.

Coverage should provide excess over the primary lines of coverage: Commercial General Liability, Automobile Liability and Employer’s Liability.

• Coverage A Workers’ Compensation: statutory as required by Massachusetts law.

• Coverage B Employer’s Liability: (i) bodily injury by accident $1,000,000.00 each accident, (ii) bodily injury by disease $1,000,000.00 each employee and (iii) bodily injury by disease $1,000,000.00 policy limit.

• Professional Liability coverage: Professional Liability subject to a minimum limit of $2,000,000.00 per claim and $2,000,000.00 in the aggregate. The retention should not exceed $25,000.00.

3 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

The Massachusetts Department of Transportation is soliciting qualified Bidders to provide comprehensive service, maintenance, and repair for all aspects of its fueling systems located throughout the Commonwealth. The selected Contractors will be responsible for ensuring the safe, reliable, and compliant operation of these systems, including the provision of replacement parts as needed. The scope of services includes, but is not limited to: Inspection, maintenance, and repair of electronic and mechanical subsystems integral to fueling operations, routine servicing and repair of fuel dispensers, servicing of electronic monitoring systems for fuel levels, leak detection, and system diagnostics, scheduled cleaning of fuel tanks to prevent contamination and extend equipment life and maintenance of vapor recovery systems etc.

The current fueling infrastructure utilized by MassDOT is the Petro Vend System II Hybrid. All contractors submitting bids under this RFR must be able to service, maintain, and support this system.

3.1 Fuel Polishing and Cleaning

MassDOT has 65 diesel and gas fueling stations, over 20 generators located throughout the Commonwealth, for location details see Attachment B Site Locations. The proposal will contain pricing to clean/polish fuel of mold, microbial growth, water, sludge and asphaltene content that rest in the bottom of the tanks and in fuel. The tank sizes to clean are 6,000- and 10,000-gallon tanks and various size tanks for our generators ranging from 300 gallons to 1,000 gallons. The Contractor shall ensure that all debris generated during fuel tank cleaning is removed from MassDOT premises and properly disposed of in accordance with applicable regulation.

Diesel fuel tank polishing procedures shall include the following;

Residual water, microbial contamination and sediment must be drawn off the bottom before initiating the polishing.

After water is drawn off, a tank cleaner/surfactant must be added, and the total volume of the tank must be circulated completely to allow cleaner to incorporate any particulates in the tank. Fuel must then be drawn from one end of the tank and sent through three successive particulate filters starting with a 25-micron filter, then through a 10-micron filter, lastly a 3-micron filter. After the particulate filters the fuel must pass through two water block cartridge filters specifically designed to remove entrained water in the fuel. These shall be 10-micron water block and 3-micron water block respectively. The total tank volume must be filtered twice through these filters. Upon completion of the filtration a microbial biocide and fuel stabilizer shall be used to treat the fuel in the tank at the appropriate treat ratio. All OSHA and HazMat procedures shall be followed.

3.1.1 Delivery Terms

Delivery must be made at no extra cost to MassDOT with all deliveries being FOB destination. The Contractor shall be responsible for all delivery and unloading of product at no additional cost. All orders will be processed, confirmed, and delivered based on established delivery schedules. Contractors are required to work with Buyers to ensure common items are available at the earliest practical time.

RFR 132830 COMMBUYS BID NUMBER BD-26-1030-0H100-0H011-123292 Page 6

Deliveries will only be accepted Monday through Friday, excluding Local and State Holidays. Deliveries are to be made between 7:00 AM and 3:00PM on weekdays, unless prior arrangements have been made with the Purchaser.

3.1.2 Construction Law Compliance

All work performed under this contract must comply with the Massachusetts construction laws, M.G.L. c.149 (building construction) and M.G.L. c.d s.39M (public works projects). For reference, please review the “Charts on Procurement Procedures” available for download from the Inspector General’s website at:

https://www.mass.gov/download-oig-public-purchasing-and-public-construction-manuals.

This contract may be used for construction, reconstruction, alteration, installation, demolition, maintenance, or repair services and, if needed, associated materials. It is the responsibility of the Eligible Entity to consult their legal counsel for assistance determining whether installation work includes construction as defined by M.G.L.

c.149 or M.G.L. c.30 s.39M. All construction or construction related labor provided under this contract is limited to $50,000 or less per engagement. Any services provided that would exceed $50,000 in labor costs must go out to a public bid.

Eligible Entities will be allowed to contract with any Contractor under this Contract for services for building or public works construction projects estimated to cost less than $10,000 without the need to solicit multiple written price quotations when procuring these services, unless required by the Eligible Entity’s internal procurement policies and requirements. Eligible Entities must use sound business practices which require a record that includes, at a minimum, the name and address of the person from whom the services were procured.

If using this Contract for building construction or public works projects estimated to cost between $10,000 and $49,999 (this amount is capped for construction or construction-related labor only), Eligible Entities are required to solicit a minimum of at least three (3) responses from Contractors on this Contract and MUST receive written responses from at least two of the Contractors, provided that the contract shall be awarded to the responsible person offering to perform the contract at the lowest price quotation. If the project requires additional equipment/parts/materials the costs associated with such equipment/parts/materials may exceed $50,000 cost limit.

All Awarded Contractors will be required to execute statements of work for engagements under this contract that incorporate applicable public construction law requirements including, but not limited to employment requirements, labor harmony and OSHA training certifications, change orders and adjustments, foreign corporations, payment requirements, weather protection, financial reporting, auditor’s certification where applicable.

Construction projects exceeding these limits are not permitted under this contract.

A Payment Bond is required from Contractors on projects where construction or construction-related labor costs exceed $25,000.

3.2 Returns

Bidders must state their return policy on the response sheet. If no return policy is specified and therefore accepted as part of this contract, it will be assumed that the Department can return goods to the contractor for up to one year for a full refund. In addition, there will be no charge for such returns, e.g. re-stocking, etc.

3.3 Warranties

Contractors shall provide a warranty covering all parts and services furnished under this RFR for a minimum period of one (1) year. The warranty period shall begin on the date the item is delivered to the Purchaser. Coverage shall extend to defects in materials, workmanship, and performance under normal operating conditions. During the warranty period, the Contractor shall, at no additional cost to the Purchaser, promptly repair or replace any defective parts and re-perform any services found to be deficient. If any product includes a manufacturer’s warranty that exceeds or differs from the minimum one-year requirement, the Contractor must disclose such terms to the Purchaser at the time of delivery or installation.

3.4 Guarantee/Accidents/Spills

While performing work under this contract, the Contractor shall be responsible for completing cleanup of any spills or accidental releases to the environment (pursuant to Massachusetts General Law [MGL] c. 21E and other relevant regulations) that the Contractor is responsible for at no cost to the Commonwealth or eligible entities. The Contractor https://www.mass.gov/download-oig-public-purchasing-and-public-construction-manuals

RFR 132830 COMMBUYS BID NUMBER BD-26-1030-0H100-0H011-123292 Page 7 shall notify all local, state and federal authorities as required by law in the event of such a release or threat of release.

The Contractor will immediately notify the user facility contact person, in writing, in the event of a spill, release, or threat of a release to the environment and prior to initiating clean up response actions. If prior notification of the facility contract is not possible, then the Contractor shall take appropriate response actions and notify the contact person, in writing, as soon as possible thereafter. The Contractor must provide a written summary of the response actions taken in any case within the timelines established for reporting of spills and/or contamination as set forth in MGL c. 21E. A copy must also be sent to the Contract Manager at MassDOT.

3.5 Geographic Coverage

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

3.6 Environmental Specifications

Vendors are responsible for managing and removing all waste generated from services performed on fuel dispensing equipment, tank cleaning, and related maintenance activities at MassDOT fuel islands and tanks. This responsibility includes conducting proper waste characterization to ensure that all hazardous and non-hazardous materials are accurately identified, documented, and disposed of in full compliance with applicable federal, state, and local regulations. Vendors must supply all necessary containers, provide transportation and disposal services, and maintain complete records of waste handling to demonstrate regulatory compliance.

3.6.1 Executive Order 515, Establishing an Environmental Purchasing Policy In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example:

Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594:

Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

https://www.mass.gov/info-details/find-your-highway-district-office https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://malegislature.gov/Bills/192/S9 https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government

RFR 132830 COMMBUYS BID NUMBER BD-26-1030-0H100-0H011-123292 Page 8

3.6.1 Appliance Efficiency Standards

Pursuant to G.L. c. 25B, the Department of Energy Resources (DOER) has adopted regulations at 225 CMR 9.00, visit the following website https://www.mass.gov/regulations/225-CMR-900-appliance-energy-efficiency-standards-testing-and-certification-program for testing the energy efficiency of certain appliances therein.

Products covered by this regulation may not be shipped for sale in Massachusetts unless they have been certified by the DOER. Covered manufacturers must certify Covered Products to DOER in the Northeast Energy Efficiency Partnerships State Appliance Standards Database which can be found at https://neep.org/SASD. Products not certified are prohibited under this contract.

3.7 Compensation Structure/Pricing

Compensation will be based solely on the pricing submitted by the Bidder and accepted by the SST. Pricing must be submitted for all goods and services to be provided on this RFR in Attachment A Bidder Response Form.

3.7.1.1 Prevailing Wage

Bidders must comply with the Prevailing Wage Law, as administered by the Commissioner of Labor and Workforce Development/Division of Occupational Safety (DOS). All employees of Contractors engaged in activities covered by the Prevailing Wage Law must be paid at least these rates for any work performed under a Contract resulting from this RFR when working in a public building or on a public work.

3.7.2 Prompt Pay Discount

All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, including on the Bid, unless otherwise specified by the SST. The SST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote.

3.7.3 Authorized Price Changes

Prices must stay firm for the first year of the contract. After the first year of the contract has passed, adjustments may be requested in writing by the Contractor with appropriate justification and will be limited to once a year. Any requests must be supported by written evidence documenting the change in costs for the Contractor and be submitted at a minimum, 2 months before the anniversary of the contract for review and approval by the SST. All adjustments are expected to hold for a minimum of 12 months and take into effect on the contract anniversary.

Price increase requests must be accompanied by documentation, such as, but not limited to: An identified Contractor cost increase (e.g., raw materials, freight, fuel, labor); Evidence from publications, journals or market quotations recognized as representative of the trade or industry that indicate market trends for the contracted service; copies of old and new price list (if applicable) reflecting price changes.

In the event that the Contractor is unable to maintain the agreed pricing due to extraordinary external factors— such as newly imposed tariffs, significant changes in raw material costs, or other documented economic disruptions—the contractor must provide written justification detailing the nature and impact of the change. The SST and MassDOT will review such requests on a case-by-case basis and reserves the right to approve, negotiate, or reject any proposed adjustments.

4 SUPPLIER DIVERSITY PLAN (SDP)

4.1 Program Background

Pursuant to, Executive Order 599 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).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

https://www.mass.gov/regulations/225-CMR-900-appliance-energy-efficiency-standards-testing-and-certification-program https://www.mass.gov/regulations/225-CMR-900-appliance-energy-efficiency-standards-testing-and-certification-program https://www.mass.gov/prevailing-wage-program https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/supplier-diversity-office https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx

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4.2 Financial Commitment Requirements

All Bidders responding to this solicitation are required to make a meaningful 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 any 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.

4.3 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)

4.4 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.

4.5 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 if the Contractor continues to meet its SDP Commitment.

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4.6 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 Veteran Small Business Certification (VetCert) 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, then 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 that Bidders provide an SDP Focus Statement that describe 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.

• 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 is also desirable that Bidders 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.

https://www.diversitycertification.mass.gov/BusinessDirectory/BusinessDirectorySearch.aspx https://veterans.certify.sba.gov/ https://nmsdc.org/mbes/mbe-certification/ https://nmsdc.org/mbes/mbe-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/orgs/supplier-diversity-office-sdo https://www.mass.gov/forms/take-the-certification-self-assessment https://www.mass.gov/forms/take-the-certification-self-assessment

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• 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.

4.7 Evaluation of SDP Forms

To encourage substantial Bidder 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.

4.8 SDP Spending Reports and Compliance

After contract award, Contractors must submit reports at least annually to demonstrate compliance with the agree-upon SDP Commitment. To submit SDP spending reports using the Hub, Contractors must create a profile in the Hub. Contractors must follow report submission instructions from the issuing department and the SDO. This reporting is in addition to the quarterly requirements mentioned in the section labeled “Reporting Requirements and Due Dates” of this document.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the Veteran Small Business Certification (VetCert) 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 towards meeting a Contractor’s SDP Commitment.

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

4.9 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.

4.10 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.

5 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.

5.1 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 SST 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.

5.2 Desirable specifications

Desirable specifications will be scored according to the Evaluation Criteria.

RFR specifications prefaced with language such as: “desirable,” “could,” “may,” “should,” “preferably,” “prefers,” “suggested,” and “requested” identify a desirable or discretionary item or factor that is considered by the Purchaser to be “desirable.” The Purchaser has listed all desirable specifications which will receive points in the evaluation criteria.

https://www.diversitycertification.mass.gov/BusinessDirectory/BusinessDirectorySearch.aspx https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ http://www.mass.gov/sdp mailto:sdp@mass.gov

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5.3 Evaluation Components

The following components will be some of the criteria considered by the SST when evaluating each Quote:

• Company Experience

• Customer Service

• Supplier Diversity Plan (25%)

• References

5.4 Best Value Selection and Negotiation

The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.

6 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR.

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 3.

6.1 Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that she/he/they is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that she/he/they has read and assented to each document’s terms.

6.2 Acceptable Forms of Signature

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

6.3 Limits and Restrictions

6.3.1 File Size Limits

The system will not accept files that approach or exceed 500 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. Note the naming convention used in section named “File Naming Conventions” which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc.

6.3.2 File Format Restrictions

All scanned documents must be in .pdf or .gif format and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, must be completed, and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

6.3.3 File Naming Conventions

Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can

RFR 132830 COMMBUYS BID NUMBER BD-26-1030-0H100-0H011-123292 Page 13 be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [] some…