18-IND-7516 Plate Shop RFR_12.16.2021 Amendment.pdf

Document Sensitivity Level: High during development; Low once published.

Revised 10/2016

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF CORRECTION

MASSCOR

50 MAPLE STREET MILFORD, MA 01757

Request for Response (RFR)

Document Title: Plate Shop Equipment, Sign Shop Equipment, Software, Tools, Service/Maintenance, Raw Materials, Misc. Parts, Supplies, Hardware and related items

COMMBUYS Bid#: BD-18-1025-DOCIF-FISCI-28272

Agency Document Number: 18-IND-7516-PlateShop

October 12, 2018 Amended: December 16, 2021

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. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

RFR 18-IND-7516-PlateShop COMMBUYS Bid# BD-18-1025-DOCIF-FISCI-28272

Table of Contents

Procurement Scope and Description Applicable Procurement Law Number of Awards Adding Contractors after Initial Contract Award Eligible Entities Acquisition Method(s) Performance and Payment Time Frames Which Continue Beyond Duration of the Contract Contract Duration Estimated Value of the Contract

2 ESTIMATED PROCUREMENT CALENDAR

Questions and Answers Regarding RFR Amendment Deadline

3 SPECIFICATIONS

Bidder Qualifications Company Certifications and Affiliations Company Experience Financial Stability including Bankruptcy, Litigation and Contract Defaults References and Reference Information and/or Requirements Employee Requirements

Specifications Functional Description Product Standards Approvals and Standards Warranties Upgrades & Upgradeability Operating Manuals Product Evaluations and Samples New in the box, most current version and not discontinued by the manufacturer Recalls

Return Policy Trade-Ins Adding or Removing Products

Service Specifications Training and Technical Support Emergency Response Plans/Preparedness Pre-installation Installation Post-installation Time & Material Service and Repairs Service Maintenance Plan Delivery and Shipping Insurance

Requirements at Contract or Engagement Termination Environmental Specifications

Executive Order 515, Establishing an Environmental Purchasing Policy Compensation Structure/Pricing

Price Adjustment Cost Sheets Discounts Available Fuel Surcharge Provisions Charges for Quotes

4 OTHER TERMS

Department of Correction (DOC) Terms Prison Rape Elimination Act (PREA) Service Schedule (Dates and Times) Contractor’s Terms and Conditions Reporting Security and Confidentiality Contract Management Change Notification Order Cancellations

Account Numbers Invoices Purchase Order Numbers Payments MASS Finance web-site Justified Credits Alternatives Contract Amendments Contract Renewal Failure to Perform Contractual Obligations

5 AUDIT

6 EVALUATION CRITERIA

Mandatory Requirements Desirable Specifications Alternatives Evaluation Components

Price Supplier Diversity Plan (formerly Affirmative Market Plan) (minimum of 10% weight) Best and Final Offer (BAFO) Company Experience Correctional Industries Experience Financial Stability including bankruptcy, litigation and contract defaults References and Reference Information and/or Requirements Employee Requirements Warranties

Samples Recalls Returns Trade-Ins Service Maintenance Agreements (if applicable) Other desirable or optional specifications

7 HOW TO SUBMIT AN ELECTRONIC QUOTE

Quote Submission Method COMMBUYS Quote Submission Training and Instructions COMMBUYS Support Bid Opening Date/Time Quote Contents

RFR Submission Checklist Electronic Signatures Ink Signatures

Limits and Restrictions File Format Restrictions

Withdrawing a Quote Prior to Bid Opening Date/Time

After Bid Opening Date/Time

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

General Procurement Information Access to security-sensitive information Alterations Ownership of Submitted Quotes Prohibitions

Terms and Requirements Pertaining to Awarded Contracts Commonwealth Tax Exemption Contractor’s Contact Information Contractual Status of Orders and Service Contracts Publicity

9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

10 APPENDIX 3 - OTHER SPECIFICATIONS

11 APPENDIX 4 – REQUIRED TERMS FOR ALL INFORMATION TECHNOLOGY STATEWIDE RFRS

Enterprise Policy and Standards Clarification of Language in Section 11, Indemnification of the Commonwealth Terms and Conditions

12 APPENDIX 5 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF COMMONWEALTH STANDARD FORMS

Commonwealth Standard Contract Form Commonwealth Terms and Conditions Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) Contractor Authorized Signatory Listing Authorization for Electronic Payment Form Response Form A

Supplier Diversity Program Plan Form 1 & 2 PREA Acknowledgment Form Prompt Payment Discount Form Business Reference Form Additional Environmentally Preferable Products / Practices

13 APPENDIX 6- INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY THROUGH COMMBUYS

14 APPENDIX 7 - GLOSSARY

RFR Introduction and General Description

Procurement Scope and Description The Commonwealth of Massachusetts, MassCor Division of the Department of Correction is soliciting Bidders for the acquisition of Plate Shop items in the following categories, including but not limited to:

Category Name Description

1. Equipment Plate manufacturing related Equipment, Software and Tools.

2. Services / Maintenance Plate manufacturing related Services, Equipment, Software and Tool Services / Maintenance

3. Raw Material a. Aluminum

b. License Plate Security Material

c. Misc. Raw Materials (ie. Decal Sticker etc.)

4. Misc Parts, Supplies, Hardware and Related Items

Misc Parts, Supplies, Hardware and related supplies for Plate Manufacturing. (ie Glassine Bags, Dies etc.)

Bidders may respond to any/all of the above listed categories. MassCor is currently seeking a bid for Equipment, Software, Tools, Service/Maintenance, Raw Materials and Misc. Parts, Supplies, Hardware and related items to the manufacturing of plates and sign manufacturing/fabrication. The vendor will provide onsite training with setup, which will include but is not limited to, unlimited technical support via telephone and internet for any and all equipment purchased under this contract.

With the exception of raw material, parts and related supplies, all other items/services requested will require a statement of work to be provided to the list of prequalified vendors by MassCor and/or The Massachusetts Registry of Motor Vehicles.

These goods and services are to be provided to the MCI Norfolk Plate Shop, 2405 Main Street, Walpole MA 02071, as well as, any other MassCor Industries Shop locations.

The items listed on the Cost Sheets do not constitute an all-inclusive list of items to be purchased under this contract. These items are specifically listed for the purpose of determining acceptable pricing or discounts on items purchased in the past. Other related items may be purchased from the awarded Contractor(s).

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)

Number of Awards The target maximum number of Contractors is eight (8). This is a target number; the SST may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

Adding Contractors after Initial Contract Award This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously.

Eligible Entities Any contract resulting from this Bid will be open for use to the Issuing Entity, the Massachusetts Department of Correction and all facilities and divisions therein.

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

Performance and Payment Time Frames 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 time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). 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 MassCor also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main contract.

Contract Duration The expected duration of this contract is as follows:

Contract Duration Number of Options Number of Years/Months

Initial Duration Up to 3 years

Renewal Options 4 options to renew Up to 3 years, each option

Total Maximum Contract Duration Up to 15 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.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is to be negotiated, for Equipment, Tools, Software and Maintenance as there is no historical spending for the equipment and software being requested. The projected spend for Raw Material and Supplies is approximately $2,100,000.00 annually. 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.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

WTO Notification in COMMBUYS June 8, 2017

Bid Release Date October 12, 2018 at 1:00 PM

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

October 22 at 2:00 PM

Official Answers for Bid Q&A published (Estimated)

October 23, 2018

Bid Amendment Deadline / Online Quote submission begins.

Bid documents will not be amended after this date.

October 24, 2018

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

October 26, 2018 at 2:00 PM

Initial Notification of Apparent Successful Bidder(s) (Estimated)

October 2018

Initial Negotiations (Estimated)

October 2018

Estimated Contract Start Date (Estimated)

November 2018

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.

Questions and Answers Regarding RFR Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by the bidder by pressing the “Bid Q&A” tab for the RFR in COMMBUY’S. Responses to requests for clarification or questions will be provided in writing and issues by the Strategic Sourcing Leader (SSTL) via Commbuy’s. In addition, MassCor reserves the right to, in its sole discretion, not to answer any and all questions submitted by bidders. It is the Bidder’s responsibility to verify the receipt of questions and clarification requests.

Questions may be asked only prior to the deadline for submission of questions stated in the estimated procurement calendar. Bidders are responsible for entering content suitable for public viewing, since all of the questions will be accessible to the public. Bidders must not include any 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 reserve the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth of Massachusetts or the bid. All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

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 any 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.

Bidder Qualifications All specifications in this section apply to all Bidders who receive an award resulting from this RFR. The responses, as submitted, must meet or exceed all of the mandatory specifications contained within this RFR, Plate Shop Disclaimer and the attached specifications document titled Plate Shop Specifications. This does not constitute an all-inclusive list of specifications to be purchased under this contract. MassCor and/or The Massachusetts Registry of Motor Vehicles will provide additional specifications within a scope of work as needed to awarded prequalified vendors.

Company Certifications and Affiliations Businesses must be certified by the Original Equipment Manufacturer (OEM) to sell, install, train, repair and service the equipment and software specified in this solicitation and must have been in the business of servicing the specified equipment for at least 2 years. Each Bidder shall submit proof of qualifications in the form of a copy of their current certification(s), which covers a period of at least 2 years, or a letter on OEM letterhead signifying the Bidder’s certification status.

The Contractor may subcontract under this solicitation. The subcontractor shall maintain the same quality workmanship and adhere to all other requirements. Prior written approval of MassCor is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Document subcontractors on Response Form A, Section 5.12.

MassCor anticipates that it may acquire additional equipment related to manufacturing. It is desirable that Bidders be able to service more equipment than as listed in Section 1 of this RFR. Bidders may submit with their response a list of all plate manufacturing equipment they are certified by the OEM to sell, install, repair and service. Document this information on Response Form A, Section 5.1. if needed you may attached a separate list just note this on Response Form A, Section 5.1.

Company Experience Bidders must submit a brief description of their business and business background on Response Form A, Section 4. to include but not be limited too number of years in business industry experience and correctional industries experiences.

All Bidders must have been in business for at least two years preceding the release date of the RFR for each category that they are submitting a bid.

In the case of vendors which have new Tax ID numbers as a result of a merger or acquisition, the SST wishes to consider the experience and qualifications of the companies which combined to create the new entity.

In the response to this section, Bidders must identify any changes to the company’s Tax ID which took place as a result of a merger or acquisition within the past two years. Provide a sufficient description for each merger or acquisition to enable the SST to easily determine the years of experience of the combined entity. This can be documented on Response Form A, Section 4.2.

Financial Stability including Bankruptcy, Litigation and Contract Defaults A copy of the most recent independent audit and accompanying financial statements of the provider may be required demonstrating that the provider is in sound financial condition and/or that appropriate corrective actions are being taken to address and resolve any identified financial problems and may be required annually by MassCor.

The Bidder shall submit a description of any and all pending litigation by any federal, state or local jurisdiction relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related company as well as any Contract defaults, on Response Form A, Section 4.7.

References and Reference Information and/or Requirements Bidders are to provide three (3) domestic references that reflect the largest customers and/or the largest state government customers in the United States on the Business Reference Form attached to Response Form A.

Employee Requirements

Drivers/Delivery Personnel The “Background Information Request and Waiver” Form is required for all drivers/deliveries. This form must be completed and emailed to the Shop Manager two (2) Commonwealth Business Days in advance of proposed delivery. All deliveries must be confirmed by phone 24 hours prior to delivery by contacting the Shop Manager. It is also highly advisable to send delivery confirmation to MassCor Industries via email.

Certified Service Technicians Bidders shall list OEM certified service technicians currently employed by the Bidder who are qualified to service the equipment listed in this solicitation (if applicable). Document this information on Response Form A, Section 5.2.

MassCor reserves the right to ask for documentation from each Bidder verifying their service technician's training.

Specifications

Functional Description

The Commonwealth of Massachusetts, MassCor Division of the Department of Correction is soliciting Bidders for the acquisition of Plate Shop items in the following categories , including but not limited to:

Category Name Description

5. Equipment Plate manufacturing related Equipment, Software and Tools.

6. Services / Maintenance Plate manufacturing related Services, Equipment, Software and Tool Services / Maintenance

7. Raw Material d. Aluminum

e. License Plate Security Material

f. Misc. Raw Materials (ie. Decal Sticker etc.)

8. Misc Parts, Supplies, Hardware and Related Items

Misc Parts, Supplies, Hardware and related supplies for Plate Manufacturing. (ie Glassine Bags, Dies etc.)

Bidders may respond to any/all of the above listed categories. MassCor is currently seeking a bid for Equipment, Software, Tools, Service/Maintenance, Raw Materials and Misc. Parts, Supplies, Hardware and related items to the manufacturing of plates and sign manufacturing/fabrication. The vendor will provide onsite training with setup, which will include but is not limited to, unlimited technical support via telephone and internet for any and all equipment purchased under this contract.

With the exception of raw material, parts and related supplies, all other items/services requested will require a statement of work to be provided to the list of prequalified vendors by MassCor and/or The Massachusetts Registry of Motor Vehicles.

These goods and services are to be provided to the MCI Norfolk Plate Shop, 2405 Main Street, Walpole MA 02071, as well as, any other MassCor Industries Shop locations.

The items listed on the Cost Sheets do not constitute an all-inclusive list of items to be purchased under this contract. These items are specifically listed for the purpose of determining acceptable pricing or discounts on items purchased in the past. Other related items may be purchased from the awarded Contractor(s).

Product Standards Products provided by Contractors must be commercial grade and meet all Federal, State and local standards for quality and safety requirements. Products not meeting these standards will be deemed unacceptable and will be returned to the Contractor at no charge to MassCor.

Approvals and Standards All equipment, raw material, finishing services, parts and related supplies must meet or exceed current applicable standards including, but not limited to UL, AWS, ASME, ASTM, ANSI, EPA, DEP, OSHA and NFPA etc.

Warranties All items will be covered under manufacturer warranty. Awarded Contractors must honor the manufacturer’s warranty. Warranties for the category in which your company is bidding shall be outlined on Response Form A, Section 5.3.

Extended Warranty It is desirable that Bidders offer an extended warranty on all products to MassCor at no additional cost or at a discounted rate. The discount rate should be clearly identified in the response on Response Form A, Section 5.3.

Service Parts Warranties It is desirable that Bidders offer warranties on service parts to MassCor at no additional cost or at a discounted rate. The discount rate should be clearly identified in the response on Response Form A, Section 5.3.

Upgrades & Upgradeability It is desirable that upgrade protection (i.e., latest versions/releases of the software) are available to subscribers at no additional charge or at a discounted rate approved by MassCor personnel. Please describe software upgrade policy, including pricing, on Response Form A, Section 5.4.

Operating Manuals Manufacturer’s operating manuals, one hardcopy and one disk, shall be provided with delivery of equipment at no charge (one with delivery of machine and one, if requested, at a later date).

Product Evaluations and Samples Bidders must provide three (3) sets of no larger than 8½” x 11” for all applicable items on the contract.

Samples are to be at no cost to MassCor and must be labeled with the Bidder’s name, Bid number and brief description for each sample submitted. These are to be submitted no later than the bid due date and time to:

Tiffany Myers, Contract Manager 50 Maple Street, Suite 3 Milford, MA 01757

Failure to submit samples will result in the deduction of points during the evaluation process.

New in the box, most current version and not discontinued by the manufacturer The Plate shop equipment and tools shall be new and be in excellent working condition carrying an OEM equipment maintenance guarantee.

Bids only for Plate shop equipment currently in production and available for sale at the time of the bid opening date of this contract may be submitted. Discontinued equipment not being actively marketed by the OEM for domestic sales should not be submitted and will not be considered. MassCor reserves the right to require OEM documentation to confirm equipment eligibility under this Contract.

Additionally, MassCor reserves the right to purchase floor models if such equipment/machinery is determined by the SST to be Best Value.

Recalls In the event of a manufacturer’s recall, awarded Contractors will be responsible for contacting MassCor and specific facilities affected by the recall. The Bidder will be responsible for providing and replacing any defective materials and/or parts of the manufacturer at no additional cost to MassCor. The Bidder’s procedure for recalls is to be described on Response Form A, Section 5.5.

Return Policy The Bidder must include their written return policy on Response Form A, Section 5.6. Replacements will be delivered in accordance with MassCor’s request. If no return policy is specified and therefore accepted as part of the contract, the Contractor will assume that MassCor can return items to the awarded Contractors for up to one year for full refund.

Trade-Ins Trade-ins will be authorized provided MassCor adheres to the state surplus property guidelines for turn-in or disposal of equipment. MassCor is possibly looking to trade in various plate shop equipment.

Contractors that have agreed to accept trade-ins must negotiate in good faith with MassCor a trade-in value at the time of trade-in. Contractors MUST accept trade-ins that are an equal of the product being purchased ONLY. Please define your ability to accept trade-ins on Response Form A, Section 5.7.

Adding or Removing Products While all authorized products offered by the Contractors will be available to MassCor, MassCor may also remove, before or after the award, any product that is deemed in the best interest of MassCor. Reasons for such action include, but are not limited to, environmental concerns, new information, product failure to perform as specified or unjustified price increase considered unreasonable by the SST.

The SST reserves the right to add products on an as needed basis despite their initial exclusion. To obtain authorization to add a product to any Contract resulting from this RFR, the products should comply with the scope/description established in the original RFR and additional specifications that will be provided as need arises. The bidder/contractor must supply all supporting information and research available to the SST for consideration.

Service Specifications

Training and Technical Support Upon delivery and installation of specified equipment, Contractors and/or authorized dealers must agree to provide training to personnel designated by MassCor. Operational training must be provided to personnel within MassCor until the personnel are able to operate the equipment and software independently. It is requested that additional training be provided as needed throughout the term of this Contract, at no additional charge. The amount of training is to be determined by MassCor.

It is desirable that the Contractor agree to maintain a toll-free technical support telephone line 24/7 (if applicable). This can be documented on Response Form A, Section 5.8. The telephone line shall be accessible to MassCor personnel who need to obtain competent technical assistance regarding the installation or operation of the Contractors equipment.

Any such training performed upon delivery or at any point throughout the duration of the Contract must also include information on all environmental features of each item, including but not limited to: energy efficiency modes and their operation, extent to which any supplies and other packaging may be for recycling, remanufacturing, and the environmental and economic benefits of these features. Please define your training program on Response Form A, Section 5.9.

In regards to software offered, the Contractor shall provide, at a minimum, including but not limited to the following:

• Bug fixes

• Upgrade protection

• Technical Support (other than on-site support)

• Web resources

• Telephone support

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:

• 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 cell 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.

Pre-installation

Design and Implementation MassCor personnel and the Contractor must discuss and confirm in writing if there is a need for any type of special site preparation prior to accepting a purchase order for any and all equipment orders.

It will be the Contractor's responsibility, prior to accepting an order, to survey and review the particular installation location to ensure the existing proposed location meets the manufacturer's established installation criteria. If special installation is required, such as, but not limited to, rigging the Contractor and MassCor must negotiate and agree on a cost for the special installation.

Contractors not familiar with any location may view those locations prior to accepting an order. A lack of familiarity with a delivery location will in no way relieve a Contractor from its responsibility to fulfill its Contractual obligations.

In the event that a mutually agreeable location for the equipment, meeting the manufacturer's established installation criteria, is not available, the Contractor must not accept a purchase order.

Installation The equipment prices must include delivery and installation. The Contractor must coordinate the delivery with the shop manager and define any service disruptions, such as, length of installation time and any special requirements needed on Response Form A, Section 5.10.

The Contractor must affix a label or a decal to the equipment at the time of installation showing warranty period by dates, and the name, address, and telephone number of the OEM or Authorized Dealer responsible for warranty service of the equipment. The label should also identify the Model Number and the serial number/machine id number and be legible.

Post-installation The Contractor is responsible to ensure that the location where equipment was installed is cleared of any materials utilized for packing or shipping, and that such materials are recycled by the Contractor, unless mutually agreed upon by the Contractor and MassCor.

Time & Material Service and Repairs Any material to be used shall be new, unused, and of recent manufacture (unless otherwise approved in writing by MassCor) and may be tested and inspected at any time. All work or service provided by Contractors shall be completed in a professional and timely manner.

Service Maintenance Plan It is desirable that the Bidders be able to provide an annual maintenance plan for any and all equipment, software and tool purchases, however it is not mandatory. Please define the cost associated with your company’s service maintenance agreement on the Response Form A, Section 5.11.

The Contractor must respond within two (2) hours after they receive written or oral notice of a service call for equipment or software issues.

The Contractor must send a service technician to repair or upgrade the equipment or software within a reasonable amount of time as agreed upon by MassCor personnel. All return service calls and onsite responses shall be made during MassCor business hours unless otherwise specified by MassCor.

Standard business hours are 7:30 A.M. to 3:30 P.M, Monday through Friday, except designated Commonwealth of Massachusetts holidays.

If the equipment includes licensed software, the Contractor shall provide software support. All payments for maintenance service will be made to the Contractor.

Delivery and Shipping All pricing is to include F.O.B. delivery to the ordering facility. Delivery shall be within 30 days of receipt of purchase order or as otherwise negotiated with MassCor. Any request for extra delivery costs must be pre-approved by authorized MassCor personnel. All equipment shall be delivered assembled, serviced, oiled and ready for immediate use unless otherwise requested by MassCor. Liability for product delivery remains with the Contractor until properly delivered and signed for in accordance with MassCor and the Commonwealth Terms & Conditions.

MassCor reserves the right to reject items delivered late. Failure to deliver on time and quantities as ordered may be grounds for termination of the contract. The receipt of material in a timely manner is critical to MassCor’s daily operations.

The “Background Information Request and Waiver” Form is required for all drivers/deliveries. This form must be completed and emailed to the Shop Manager two (2) Commonwealth Business Days in advance of proposed delivery. All deliveries must be confirmed by phone 24 hours prior to delivery by contacting the Shop Manager. It is also highly advisable to send delivery confirmation to MassCor Industries via email.

Delivery Hours: Monday – Friday, 8:00 am – 11:00 am and 1:00 pm – 2:15 pm.

No deliveries on Saturday and Sunday, designated state holidays and when the institution is in lockdown or there are security issues beyond MassCor’s control. Only dedicated loads (no sleepers) are permitted within the institutions, no other freight is allowed. All trucks are to enter with their delivery and return empty. Awarded bidders must not over ship. Over shipments will be returned at the contractor’s expense.

Over Shipments: Overages will not be allowed without prior written authorization from authorized MassCor personnel.

Partial Shipments: Although it is highly desirable that orders be shipped in their entirety, partial shipments may be allowed with prior written authorization from authorized MassCor personnel.

Insurance

The awarded Bidder must take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage while performing services under this Contract. It is the awarded Bidder’s responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Contractor must replace/repair, at MassCor’s sole option, any property damages made during performance.

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L. c.

258 (which has the same affect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L. c. 29, § 30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own. In the event that MassCor needs additional insurance coverage than what is provided by a Contractor and in order to adequately insure the value of the assets being moved (for example computer servers), then MassCor is http://www.state.ma.us/legis/laws/mgl/gl-258-toc.htm http://www.state.ma.us/legis/laws/mgl/gl-258-toc.htm http://www.state.ma.us/legis/laws/mgl/29-31.htm authorized to pay a higher premium for the CONTRACTOR TO INSURE the assets for loss and replacement and NOT for the Commonwealth to purchase a separate policy in the name of the Commonwealth.

The Bidder(s) awarded contracts pursuant to this RFR must have the following insurance coverage listed below and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide Certificates of Insurance from their insurance company to include Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as identified below. Prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide MassCor with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. Additionally, please describe your company’s liability (general and auto), property, personal injury and worker’s compensation insurance, including the limits, on Response Form A, Section 4.8. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Worker’s Compensation Insurance

By signing the Commonwealth Standard Contract Form and Instructions (found at http://www.mass.gov/Aosc/docs/Forms/Contracts/standard_contract_frm.doc), the Bidder confirms compliance with applicable state and federal employment laws and regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152.

Comprehensive General Liability Insurance

The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage, bodily injury and death liability; personal injury liability (with no employee exclusion), Independent Contractor protective liability; broad form property damage (with X, C, and U coverage) and contractual liability. This insurance shall not contain a care, custody and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured. This insurance shall be written with respect to all coverage, for not less than the following policy limit: one million ($1,000,000) per each occurrence and one million ($1,000,000) aggregate.

Comprehensive Business Motor Vehicle Liability Insurance

The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of a motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per each occurrence; $1,000,000 aggregate.

The general liability and motor vehicle insurance required by this RFR may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies shall follow form, without exclusions or reductions in coverage over the primary liability insurance policy. All policy limits for insurance coverage required by this RFR shall be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy, and must state that the insurer is liable for payment of amounts http://www.mass.gov/Aosc/docs/Forms/Contracts/standard_contract_frm.doc http://www.mass.gov/legis/laws/mgl/gl-152-toc.htm within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

Requirements at Contract or Engagement Termination In case of buyouts, acquisitions, asset sales, or any other business changes that initiate major business identity modifications, such as Tax ID changes. It should be noted, there is no guarantee the new Contractor will be reassigned the awarded contract. MassCor’s Contract Manager reserves the right to make the decision on reassigning or reopening the Bid.

Environmental Specifications Minimum environmental specifications are available for dozens of product and service categories. Such specifications may address product / service performance, end-of-life management, disposal/reuse/recycling and other factors.

Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program.

EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the Executive Order or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at http://www.mass.gov/courts/docs/lawlib/eo500-599/eo515.pdf.

Compensation Structure/Pricing Compensation will be based solely on the cost sheets, quotes or catalogs supplied by the Bidder that are accepted by the SST. Cost sheets do not constitute an all-inclusive list of items to be provided to MassCor. The cost sheets are located on COMMBUYS in an Excel Workbook titled “Cost Sheets.”

Pricing will also be fixed for three (3) years after initial quote is received. Following the initial duration, the awarded Contractor(s) may adjust pricing on an annual basis by initiating a Price Adjustment request defined in section 3.5.1 Price Adjustment.

Price Adjustment Any requests for price changes may be submitted annually with the exception of Tariff related issues as these may be address as the issue arises. Any such requests must be accompanied by documentation supporting the reasons for the requested change. The request, written on the Contractor’s letterhead must include: identified price increases and their source and copies of old and new price lists, if applicable, reflecting price changes.

The SST will address price change requests by either negotiating a price change and renewing the contract at the new price or denying the requested price increase and renewing the contract at the previous contract price. MassCor will be advised of and will automatically receive the benefit of any price decreases retroactive to the dates of such decreases. It is the Contractor’s responsibility to notify the SST of any such decrease. The SST reserves the right to negotiate price reductions based on increased volume at any point in duration of the contract.

The SST reserves the right to consider price increase requests in emergency situations. The SST’s decision on whether a specific situation is an emergency is final.

http://www.mass.gov/epp http://www.mass.gov/courts/docs/lawlib/eo500-599/eo515.pdf

Cost Sheets Cost sheets do not constitute an all-inclusive list of items to be provided to MassCor. These items are specifically listed for the purpose of determining acceptable pricing or discounts on items purchased in the past. Other related items may be purchased from the awarded Contractor(s).

Mark up % or Cost plus %: If this contract requires Bidders/contractors to quote for materials, supplies and any other items on a “Mark up %” or “Cost Plus %”, the contractor (when requested by the department) is required to submit, to the requesting department, a copy of their original manufacturer’s invoice (or other official documentation) to prove accuracy of their mark up or cost plus total. When requested by the department, the contractor shall submit this documentation within 5 working days upon the department’s request. The referencing invoice will not be processed for payment until satisfactory documentation is received; and will not be considered late payment. Any written credits shall be immediately issued to the department along with justification of error. This requirement may also be a part of the contract performance evaluation. Failure to provide this documentation may result in immediate termination of contract. In addition, if the contractor is found non-compliant (not charging the department the contract rate), it may also result in immediate termination of contract.

Discounts Available Bidders are to provide any and all discounts available on Response Form A, Section 5.14.

Special Purchases MassCor reserves the right and is entitled to take advantage of “close-out” pricing, sales or marketing incentive discounts, or other such negotiated discounts that a contractor would offer to other comparable clients and that would be of “best value” to the department. In this case, MassCor reserves the right to negotiate said purchase with the contractor(s).

Prompt Pay Discounts (PPD) 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 for Prompt Payment Discount 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.

Fuel Surcharge Provisions Any Bidder(s) awarded a contract as a result of this RFR will not charge any additional fuel surcharges on any order received from MassCor. MassCor will NOT be required to pay any additional fuel surcharges, unless approved by authorized MassCor personnel.

Charges for Quotes Charges for quotes will not be accepted as part of this contract. MassCor will not process and will not be responsible for any costs associated with quotes.

4 OTHER TERMS

Department of Correction (DOC) Terms Because this contract will service state prisons, the Contractor should be aware that emergency situations may occur which could prevent scheduled services to be rendered. In any such case, the Contractor may not be admitted into the applicable institution(s) or on state property, which would not allow the Contractor to perform their service. In these situations, the Contractor will make every effort to return, upon notice by the Department, to perform the scheduled service. In no case shall the Department of Correction be charged for any additional expenses pertaining to these and similar situations.

All work is to be completed in a professional manner. The Contractor shall familiarize him/herself and abide by all Department and institution rules and regulations. Convicted felons are not allowed on DOC property.

Background checks will be completed for individuals performing any work under this contract and at any time during this contract. Jeans of any color are not allowed inside correctional facilities. The possession or use of any tobacco products are prohibited on Department property.

DOC Rules and Regulations: It must be fully understood by the Bidders/Contractors that the Department of Correction and each facility have security rules and regulations that must be strictly adhered to at all times.

Included in these regulations are required security clearances. It should be understood that every Contractor/employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Background checks will be completed for individuals performing any work under this contract. Upon request by the DOC, the Contractor will provide the DOC with specific information to be used to complete background checks. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. In addition, a locking gas cap may be required for any vehicle entering the facility.

Prison Rape Elimination Act (PREA) The Prison Rape Elimination Act (Public Law No. 108-79), enacted in 2003, supports the elimination and prevention of sexual assault and rape within corrections systems, mandates national data collection efforts, provides funding for program development and research, creates a national commission to develop standards and accountability measures and applies to all federal, state and local prisons, jails, police lock-ups, private facilities and community settings such as residential facilities.

The Department of Correction has zero tolerance towards the sexual abuse of inmates in its custody. All staff members, volunteers, and vendors are required to comply with 103 DOC 519, the Sexually Abusive Behavior Prevention and Intervention Policy, and to report any sexually abusive behavior to the Department immediately. Inmate employers are required to immediately report such behavior to the facility Superintendent.

The Contractor shall fully cooperate with the Department’s implementation of Public Law 108-79, The Prison Rape Elimination Act (PREA) and the Department’s implementation of the United States Department of Justice Prison Rape Elimination Act Prison and Jail Standards, 28 CFR 115 (May 17, 2012). Specifically, the Contractor shall comply with all Department policies and procedures and shall develop and implement protocols that are consistent and in accordance with the Department’s current and future policies regarding staff sexual misconduct and other types of abusive sexual behavior, including 103 DOC 519, Sexually Abusive Behavior Prevention and Intervention Policy.

The contractor, as an extension of the DOC, is responsible for full and complete compliance with the PREA Law and all standards contained in the PREA Prisons and Jails Standards issued by the Department of Justice, including:

Prevention Planning:

(1) § 115.11 Zero tolerance of sexual…