2020 Sand RFR_1~4.docx

COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF FIRE SERVICES

1 STATE ROAD

P. O. BOX 1025

STOW, MA 01775-1025

REQUEST FOR RESPONSE (RFR)

Sand & Supplies DFS-Sand-2020

Initial Responses due by: December 31, 2020 TIME 4:00 pm

Future Responses can be submitted until: December 31, 2026 TIME 4:00 pm

RFR Contact: Mike Harris Phone: 978-567-3147

DEPARTMENT OF FIRE SERVICES

REQUEST FOR RESPONSE (RFR)

Sand & Supplies

SECTION 1: DESCRIPTION OF PROCUREMENT

The Department of Fire Services seeks to obtain products from vendor(s) for the procurement of various types of earth and stone materials such as brick sand, washed sand, concrete sand, processed rap, bank gravel, crushed stone, admixtures (including calcium chloride, various types of cement, plastisizer, daratard, polarset, etc.) concrete and grout. Waste blocks, jersey barriers, and other types of materials may also be included under this RFR. This list is a dynamic list, and during the life of the contract will have the potential to change. Bidder(s) awarded a contract may add and delete items to the list at the existing discount levels for which their award is for. The cost of materials used for construction cannot exceed $10,000.00 per project.

This is a small procurement targeted to small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to evaluate bid responses from and to award a contract to a SBPP-participating business(es) who submit a bid that meets or exceeds the solicitation criteria only. Subcontracting in these types of procurements is limited to no more than 20% of the value of the contract, unless it is with another SBPP registered participant. If determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive bid, the Department will evaluate and award bid responses received from non-SBPP businesses. To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/sbpp.

SECTION 2: ACQUISITION METHOD

Outright purchase

SECTION 3: REQUEST FOR SINGLE OR MULTIPLE CONTRACTORS

Multiple Contractors.

Section 3.1: Rolling Enrollment.

After the initial selection process under this RFR, the Department of Fire Services (DFS) may request that additional vendors submit responses in accordance with rolling enrollment at any time during the contract period. Responses will be reviewed at the discretion of the Department of Fire Services, and additional vendors may be added to the qualified list at anytime during the period of the contract upon completion of the qualification process outlined in the RFR. However, all contracts will expire simultaneously.

SECTION 4: ELIGIBLE USERS

Restricted to DFS and Agencies under the jurisdiction and control of the Executive Office of Public Safety and Security.

SECTION 5: ANTICIPATED DURATION OF CONTRACT, INCLUDING RENEWALS

The initial term of any contract(s) resulting from this RFR will be for two (2) years from effective date of contract. The Department of Fires Services and the Contractor(s) may, by mutual agreement, prior to the expiration of the initial or subsequent term, renew the contract four (4) times for a period of one (1) year each renewal, for a total of six (6) possible years. At least forty-five (45) days prior to the expiration of the initial or subsequent contract periods the Department of Fire Services will notify the contractor in writing of its desire to extend the contract.

SECTION 6: ANTICIPATED EXPENDITURES AND COMPENSATION STRUCTURES

Section 6.1: Anticipated Expenditures.

It is estimated that the Department of Fire Services will spend approximately $5,000.00 per year under this contract for a total of $30,000.00 over the life of the contract. The Department of Fire Services makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. All purchases will be on an as-needed basis and based upon available funding. The cost of materials used for construction cannot exceed $10,000.00 per project. DFS will provide a purchase order prior to any purchase and will not honor any orders placed without valid purchase order. The DFS reserves the right to reject any and all proposals or any portion of the proposals submitted if it is in the best interest of the Commonwealth to do so.

There is a possibility that federal funds may be used for purchases under this contract.

Section 6.2: Compensation Structures.

The contract will be a unit based rate structure with a firm fixed unit cost for each item available, with a percentage discount off the lowest current manufacturer’s published list price for supplies. Pricing shall be firm for the initial contract period and for each subsequent contract term.

Section 6.3: Contract Extensions and/or Price Increase.

Upon exercising an option to renew, the bidder may propose a price increase. The Department of Fire Services reserves the right to request additional information on the proposed price increase and may approve, decline or further negotiate the proposed price increase. Price increase requests MUST be submitted on the contractor’s letterhead at the time of contract renewal and MUST include the following:

· new proposed unit price for each product and/or new proposed discount rate;

· reason for the requested change; and

· documentation supporting the reason for the requested change.

SECTION 7: MA STANDARDIZED CONTRACT SPECIFICATIONS

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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 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.

COMMBUYS Registration. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with certified diverse businesses: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves 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.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources: Bidders may refer to the SDP Resources for Vendors and Contractors webpage for additional program information, training and compliance resources.

Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Best Value Selection and Negotiation. The Strategic Sourcing Team or SST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SST, including requests for clarification. The SST and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the SST to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the 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 its response. The SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Prompt Payment Discounts (PPD). All bidders responding to this procurement 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. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, 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 use PPD offerings 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 or attached to the PPD form.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

Reasonable Accommodation. 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.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

SECTION 8: PERFORMANCE AND CONTRACT SPECIFICATIONS

Section 8.1. Qualifications and Product Specifications. The Contract will be awarded to the vendor who is qualified to provide the requested items, meets the RFR criteria and submit all required documents.

· It is desirable for DFS to have the ability to pick up product during the hours of 7:00am to 3:00pm Monday through Friday and from 8:00am to 12:00pm on Saturdays.

· Due to the fact we will be picking up a number of the products listed, it is desirable that the vendor be within a twenty mile radius of the Department of Fire Services Stow and/or Springfield and/or Bridgewater locations.

· The vendor must have been in business a minimum of 5 years.

· Vendor must have the ability to load DFS vehicles with requested product upon arrival for pick up.

· The vendor should have the ability to deliver product to DFS within 24 hours of order receipt. If there are any issues with this turnaround, it must be addressed at time of order.

· Vendor shall provide 3 business references.

· Contractor shall be capable of receiving orders, manually over the telephone, via facsimile, or e-mail.

· Sand orders placed specifically for sanding of roadways will not contain any material larger than ½” in diameter.

Section 8.2. Delivery Specifications: All deliveries shall take place Monday through Friday, excluding legal holidays, between 7:00am and 5:00pm. The Department of Fire Services will not pay for any charges located on invoices if it is not listed on Attachment A. Any shipment not being high quality, damaged or defective in any way will be returned to the contractor at contractors’ expense. A packing slip shall be included with each shipment whether picked up or delivered. On it shall include but not be limited to: the date, DFS purchase order number, list of all items on the original order and status of each, and price(s).

Section 8.3. Payment Specifications: Proposals requiring any payment prior to delivery will not be acceptable. Invoices shall include but not be limited to: the date of pickup or delivery, the DFS purchase order number, list of all items, weight of all items, pricing and invoice number. The Commonwealth of Massachusetts is tax exempt. The exempt number shall be provided once the contract is awarded. Following acceptance of product and receipt of a properly documented invoice, payment shall be rendered in accordance with the Commonwealth of Massachusetts current payment terms. A copy of the current policy can be located at www.mass.gov/osc. Accelerated payments are available by offering a prompt pay discount. EFT payments are mandatory per Section 7.

SECTION 9: INSTRUCTIONS FOR SUBMISSION OF RESPONSES

Section 9.1. Submission Materials.

Each bid response shall include a completed “Attachment A - Bidders Response Sheet” and all items referenced in Section 12: Required RFR Forms/Attachments. In case of any doubt or difference of opinions as to the items to be furnished herein, the decision of the DFS shall be final and binding on both parties.

Section 9.2. Submission Format.

Vendors must register into the CommBuys system and responses must be submitted electronically through this system. Upon award, the original, ink signature documents will be required. Manual responses will not be accepted.

SECTION 10: DEADLINE FOR RESPONSES AND PROCUREMENT CALENDAR

Section 10.1. Deadline. Initial responses are due December 30, 2020, 4:00 PM. This is a rolling enrollment solicitation and responses may be submitted at any time through December 21, 2026.

Section 10.2. Procurement Calendar

SECTION 11: EVALUATION CRITERIA

Through a point value system, bidder’s submissions will receive points based on the mandatory and desirable requirements stated within the RFR. Final scores will offer the team a basis for issuing this contract.

Bidders are strongly encouraged to review the evaluation scorecard that has been posted with this RFR. The scorecard includes criteria that will be used to screen proposals as eligible or ineligible based on mandatory requirements listed throughout the RFR. Proposals that are deemed ineligible will NOT be presented to the Strategic Sourcing Servicing Teams (SSST) for further evaluation.

The following criteria will be evaluated for award consideration.

· Qualifications -Years in business -References

· Pricing -Average cost of material -Average cost of concrete -Average cost of admixtures and materials

· Certified Participant in Small Business Purchasing Program (SBPP)

SECTION 12: RFR FORMS/ATTACHMENTS

Forms Required at Bid Response:

· Bidder’s Response Form (Attachment A)

· Business Reference Form

· Copies of Licenses/Certifications (if any)

· Prompt Pay Discount Form

· Certificate of Non-Collusion

· Contractor Authorized Signatory Form

Forms Required Upon Award (unless already on file with the Commonwealth of Massachusetts):

· Commonwealth Standard Contract Form / Commonwealth Terms & Conditions

· W9

· EFT Form [Type text] Page 8

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