Bid 26-30 - Forklift Walk Truck Maintenance~1.pdf

The Commonwealth of Massachusetts Massachusetts State Lottery Commission

150 Mount Vernon Street, Dorchester, MA 02125

REQUEST FOR BIDS

Document Title Forklift and Walk Truck Maintenance

COMMBUYS Bid Number Bid BD-26-1062-LOT-LOTDO-125793

MSLC Document Number Bid LOT 26-30

Bid Release Date February 26, 2026

Bid Response Deadline

March 23, 2026, at 10:00AM ET

. GENERAL PROCUREMENT INFORMATION

Address: 150 Mount Vernon Street Dorchester, MA 02125

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 a.m. to 5:00 p.m. Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk County holidays.

GENERAL PROCUREMENT INFORMATION

A. GENERAL:

Purchasing Entity: Massachusetts State Lottery Commission (“MSLC”) or (“Lottery”)

Address: 150 Mount Vernon Street Dorchester, MA 02125

Procurement Contact:

Telephone: Cell: 857-283-7520

E-Mail Address: nrusso@masslottery.com

Bid File Number and Title:

MSLC Document Number: Bid LOT# 26-30

COMMBUYS#: Bid BD-26-1062-LOT-LOTDO-125793

Attachments: Attachment A – Cover Letter Attachment B – Prompt Payment Discount Form Attachment C – Supplier Diversity Form Attachment D – Cost Table Attachment E – Standard Contract Form Attachment F – Commonwealth Terms and Conditions

This Bid does not commit the Commonwealth of Massachusetts (“Commonwealth”) or Agency to pay any costs incurred in the preparation of a Bidder’s response to this Bid or to purchase any products or services. The Agency may: (i) accept or reject any and all bids received as a result of this Bid; (ii) contract for some, all, or none of the products and services offered by Bidders in response to this Bid; (iii) negotiate with one or more qualified Bidders; or (iv) cancel, in part or in its entirety, this Bid if it is in the best interest of the Commonwealth to do so.

The MSLC may amend this Bid at any time prior to the date the responses are due. Any such amendment will be posted to the Commonwealth’s procurement website, COMMBUYS (www.commbuys.com).

Bidders must submit their bids through the Commonwealth’s online procurement system, COMMBUYS. Bidders are advised to check this site regularly, as this will be the sole method used for notification of changes.

B. ELIGIBLE BIDDERS

1. Submission of a bid in response to this request is confirmation of acceptance of and agreement to comply with all legal requirements and specifications listed herein as well as the Commonwealth terms and conditions and Standard Contract form.

2. The MSLC expects the successful bidder to be chosen promptly after bid submissions and utilization of services is intended to commence promptly thereafter.

C. EVENT CALENDAR

The following is the tentative time schedule for the MSLC’s selection of qualified Bidders under this Bid. All dates are subject to change by the MSLC with notice on

COMMBUYS.

• Issuance of Bid February 25, 2026 at PM

• Bidder Question Deadline March 9, 2026 at PM

• Post Answers to Bidder Questions March 11, 2026

(posted on COMMBUYS)

• Bid Bidder Submission Deadline March 23, 2026 at PM

• Notification of Selected Bidder Appx. March/April 2026

NOTE: Questions concerning the Bid must be submitted in writing to:

Nicole Russo, Procurement Coordinator Massachusetts State Lottery Commission

ATTN: BID LOT # 26-30

nrusso@masslottery.com

Contact with any other MSLC employee is expressly prohibited.

D. ACQUISITION METHOD

1. This procurement will be a fee for service procurement. In the event that the MSLC determines that additional services related to the project described in this Bid are required following or during the contract term it reserves the right to amend the contract to engage the successful Bidder for additional services.

2. The Lottery and selected Bidder(s) may choose to negotiate a change in any element of performance, cost and/or deliverable pursuant to awarding of a contract, prior to commencement of work by the bidder, if mutually agreed upon in writing, which results in an overall better value.

E. ANTICIPATED EXPENDITURE

1. The expenditure associated with this procurement is to be determined. If, due to unforeseen circumstances, the scope of services is substantially changed or modified, the MSLC maintains the right to amend the contract and increase or decrease the maximum obligation in order to obtain the best value.

2. The MSLC makes no guarantee that any commodities or services will be purchased from this bid.

3. The Vendor will be bound by the terms of the Bid. The MSLC will not be responsible for price increases due to market fluctuations or product availability.

F. SINGLE OR MULTIPLE CONTRACTOR CONTRACT

1. The MSLC reserves the right to award any contract to a single or multiple Bidders, in the best interest of the MSLC in its sole discretion. The Bidder must agree to cooperate with such other Bidders, if requested by MSLC for a limited specific purpose and must not commit or permit any act that may interfere with the performance of work by any other Bidder.

G. BIDDING INSTRUCTIONS/INFORMATION

1. Bids submitted in response to this Request are due by March 23, 2026 at PM PLEASE NOTE: Interested Bidders must submit one (1) electronic copy of the response to the Bid in Microsoft Word or Adobe Acrobat PDF format via COMMBUYS. Responses must be received no later than the response due date and time indicated in the Event Calendar above or they will not be evaluated.

2. Any inquiry related to this Request must be emailed to Nicole Russo, Procurement Coordinator at nrusso@masslottery.com

i. Communications as to this request with any other MSLC employee, MSLC subcontractor, or employee of the Massachusetts State Treasurer and Receiver General will result in automatic disqualification.

3. Bidder may contact the COMMBUYS Help Desk at CommBuys@state.ma.us or call during normal business hours (8AM – 5PM, Monday – Friday) at 1-888-627- 8283 or 617-720-3197.

mailto:COMMBUYS@state.ma.us?Subject=COMMBUYS%20Question

I. DESCRIPTION AND PURPOSE OF PROCUREMENT

A. BACKGROUND

1. The MSLC is soliciting bids from qualified firms to provide preventative maintenance, repairs, and other services for its Forklift and Walk Truck Machinery located at several MSLC locations throughout the Commonwealth.

B. CONTRACT DURATION

1. Any contract resulting from this Bid shall be for the period of three (3) years commencing on July 1, 2026, and ending on June 30, 2029.

2. The MSLC shall have the option to extend the term of any Contract(s) resulting from this bid for up to two (2) one-year options. The MSLC shall exercise its option by submitting written notice to the Vendor at least thirty (30) days prior to the termination.

3. Bidders who offer price guarantees for the life of the contract will be held to that offer or such better terms as may be negotiated and set forth in writing by the MSLC and the selected Bidder. This contract shall be governed by the laws of the Commonwealth of Massachusetts.

C. WARRANTIES

Bidder shall provide all warranties listed below. Additional warranties may be agreed to in the contract resulting from this Bid.

1) Bidder warrants that all services shall be provided in accordance with applicable

State and Federal laws and in accordance with industry standards.

2) Bidder warrants that all personnel performing services shall act with due diligence and care and are qualified to perform such services in accordance with industry standards.

II. OPERATIONAL SPECIFICATIONS AND REQUIREMENTS

A. GENERAL OPERATIONAL REQUIREMENTS

1. Bidder must describe in their narrative response how they will provide maintenance and repair service for forklift trucks, electric walk trucks and other power equipment located at six (6) separate MSLC locations.

2. The MSLC will require quarterly preventative maintenance on all forklift trucks and other power equipment. The Bidder must acknowledge in their response that this quarterly preventative maintenance will be scheduled three (3) months in advance.

B. CURRENT EQUIPMENT SPECIFICATIONS (subject to change)

• Maintenance will be required on equipment as added/changed.

Quantity Manufacturer Type Model # Location Serial # Asset Tag

Mfg Date

5 Yale Sit Down Fork Truck ERP040#70728 Braintree G807N13343T 8088209 2019 Yale Sit Down Fork Truck ERP030#67122 Braintree G807N11972S 8088217 2019 Yale Sit Down Fork Truck ERP040VTN36TQ094 Braintree G807N02509J 5082455 6/30/2011 Yale Sit Down Fork Truck ERP040VTN36TQ084 Braintree G807N07406N 2194538 1/29/2015 Yale Sit Down Fork Truck 3 Stage ERP040VTN36TE082 Braintree G807N14793U 8082782 6/30/2020 2 Yale Walk Truck MPB040EN24T2748 Braintree B827N43285J 2194520 4/28/2011 MPB040EN24T2748 Braintree B827N43284J 4042930 4/28/2011 1 Hyster Walk Truck W45ZHD 66138 Braintree A419N11677S 2200260 6/29/2018 3 TASK Forklift Series BOA BOA2700118 66564 Braintree 780847 2200279 6/21/2018 BOA2700118 67244 Braintree 780848 2200287 6/21/2018 BOA2700-118 Braintree 76696 8082774 6/30/2020 1 TASK Forklift MPB045VGN24T2646 Braintree A245C01716U 8082766 6/30/2020

3 Yale Yale Sit Down Fork Truck TMG20 Canton G807N09518P 602954-3 2016 Yale Yale Sit Down Fork Truck TMG20 Canton G807N09525P 602955-1 2016 Yale Yale Sit Down Fork Truck ERP040VTN36TQ090 Canton G807N14801U 8082758 2020 1 Yale Order Picker Forklift Lift Truck for Archives 0S030ECN24TE095 Canton C801N08216F 4019547 2008

1 Hyster Walk Truck W45ZHD 66178 Canton A419N11712S 2200252 6/29/2018 1 Yale Walk Truck MPB045VGN24T274 Canton A245N09298R 2198487 2/7/2016

1 Yale Sit Down Fork Truck ERP030VTN36TE08 Woburn G807N08997N 2194031 2016 1 Junheinrich Walk Truck MPB040EN24T2748 Woburn B827N66689P 2194015 2016

1 Yale Lift Truck (Walk Truck) MPB040EN24T2748 Worcester B827N32967F 4015720 3/27/2009

2 Yale Lift Trucks (Walk Trucks) MPB040EN24T2748 New

Bedford B827N16371C 4042077 2005

MPB040EN24T2748 New Bedford

B827N67184P 5058210 2016

1 Big Joe Walk Truck PDCM New Bedford

25 106 381363

1 Yale Pallet Truck ECO 1-55 Springfield 14/13814 5053536 2016

1 Hyster Sit Down Lift Truck

J40XNT – Triple Mast

TBD

1 Hyster Sit Down Lift Truck J40XNT - Quad

TBD

1 TASK BOA Forklift Woburn

C. LOCATIONS AND ADDRESSES

Braintree 1515 Washington Street Braintree, MA 02184

Canton 40 Industrial Drive Canton, MA 02021

New Bedford 200 Theodore Rice Blvd.

New Bedford, MA 02745

West Springfield 383 Memorial Ave Springfield, MA 01089

Lawrence Stadium Plaza 160 Winthrop Avenue Lawrence, MA 01843

Worcester 135 Gold Star Boulevard Worcester, MA 01606

• The Regional Warehouses (New Bedford, West Springfield, Lawrence and Worcester), Braintree, or Canton locations may increase/decrease or be physically moved during the life of this contract. Maintenance will be required at locations as added/changed.

D. SCHEDULING REQUIREMENTS

The Bidder must confirm adherence in written form to the following scheduling requirements in their narrative response:

1. Repair Services will be scheduled in advance during normal work hours.

2. The Bidder will furnish to the MSLC, in advance, a written cost estimate of all expenditures in connection with any additional services recommended by the Successful Bidder or requested by the MSLC. Prior to undertaking any projects, or committing any MSLC funds, the Successful Bidder shall obtain written authorization from a MSLC Director.

3. If any repair and/or maintenance is to be done off site, they will provide a written estimate and receive approval by the MSLC.

4. Any lengthy downtime must be scheduled in advance.

E. QUOTING SPECIFICATIONS AND REQUIREMENTS

The Bidder must confirm adherence in written form to the following guidelines as it pertains to quoting in three specific categories. Please see the Cost Table Form (Attachment B) for further detail:

1. Preventative Maintenance (PM) Annual Rates

• Flat Rate quotes for preventative maintenance will be sought for regular business hours, Monday — Friday, 6:00A.M. — 1:00P.M. in Braintree, 6:00A.M. — 1:00P.M. in Canton, and 9:00A.M. — 4:00P.M. at any of the Regional Warehouses.

2. Regular Repair Rates

• Regular Repair Rate quotes will be sought for hourly labor rates, port to port. Access hours to locations are: Monday — Friday, 6:00A.M. — 1:00P.M. in Braintree, 6:00A.M. — 1:00P.M. in Canton and 9:00A.M. — 4:00P.M. at any of the Regional Warehouses.

3. Overtime (OT) Hourly Rates

• Overtime (OT) quotes will be sought for hourly OT labor rates for

Saturdays, Sundays, Holidays and Weekdays after 5:00 P.M., port to port.

All overtime for all locations must be pre-approved.

• Bidder must quote maximum percentage (%) over cost for all genuine or if applicable, aftermarket replacement parts. The actual cost of the parts must be listed on the invoice with the percent maximum over cost also listed.

F. SHIPPING AND DELIVERY REQUIREMENTS

1. Bidder must confirm in their narrative response that any replacement parts or other products that must be shipped to a MSLC are exempt from shipping charges and that the Bidder may not include shipping charges on any invoice.

III. VENDOR REQUIREMENTS

A. GENERAL VENDOR REQUIREMENTS

The Bidder must confirm adherence in written form to the following General Vendor Requirements in their narrative response:

1. Bidder has been in a business similar to that described in this Bid for a minimum of three (3) years and have the demonstrated experience and capacity to handle the requirements herein.

2. Bidder complies with all Federal, State and local rules and regulations as they apply to the work to be performed under this bid.

3. Vendor must provide a minimum of three (3) references from the past three (3) years for which work has been performed similar in scope and size to that specified in this bid.

4. Vendor must provide, if applicable, a detailed description of information regarding any company bankruptcy proceedings, criminal investigations, charges filed against the company, directors or managers, any mergers, acquisitions, etc., and any name changes within the last five (5) years.

B. SERVICE REQUIREMENTS

The Bidder must confirm adherence in written form to the following Service Requirements in their narrative response:

1. The selected Vendor must quote maximum percentage over cost for all genuine or, if applicable, aftermarket replacement parts. The actual cost of the parts must be listed on the invoice with the percent maximum over cost also listed.

2. Any regular repair service on any of the equipment will be billed on an hourly rate plus any parts and materials. This hourly rate MUST be quoted on a per person basis, from port to port.

3. Work sheets will be recorded and submitted at the time of any type of repair, such as the arrival and departure time of the repair person.

4. Billing MUST be submitted promptly after any PM, Regular repair or Overtime service. All parts used during a regular or emergency service call must be billed with the invoice for that call. The billing must itemize the list price of any and all parts, the percentage (%) mark up, and any freight cost to arrive at the actual final cost.

C. EQUIPMENT AND PART REQUIREMENTS

The Bidder must confirm adherence in written form to the following Equipment and Part Requirements in their narrative response:

1. All equipment listed within Section III. B. can be serviced with factory trained diagnostic certification. Bidder must provide documentation of certification within response.

2. Ability to furnish any and all new parts from manufacturers included but not limited to:

• Yale and Clark Forklifts

• Big Joe

• Hyster

• Jungheinrich

• Maxleton

• Mitsubishi

• Multiton

• TASK

All replacement parts for the listed manufacturers can be either genuine factory parts or if applicable, aftermarket replacement parts and must be pre-approved by MSLC. The successful vendor will be responsible for quoting repairs with the cost for genuine parts or, if applicable, aftermarket parts.

In addition to the listed manufacturers, Bidders must also include any other manufacturers that they have the ability to furnish parts from. It is possible that as equipment is replaced additional manufacturers may be added.

Generic parts will be allowed but all parts should be quoted on new/generic/used parts.

Bidder must provide a Parts List for all applicable manufacturers and machines.

D. PERSONNEL REQUIREMENTS

The Bidder must confirm adherence in written form to the following Personnel Requirements in their narrative response:

1. Employees of the selected vendor are full time employees who will work regularly on the MSLC Account.

2. Bidder’s employees are properly certified in regards to power equipment (electric fork/walk trucks) with current operator safety certification and be able to provide up to date documentation confirming this.

3. All repair persons must list on the work order his/her arrival and departure times and obtain a MSLC signature. The Bid number, purchase order number, service contract number and dates of service must appear on all invoices.

4. NO subcontracting for any type of maintenance for any of the listed equipment in Section III. B. will be allowed.

5. Bidder’s employees will abide by current COVID-19 protocols and requirements as mandated when entering MSLC facilities.

6. Bidder’s employees have laptops or the ability to acquire them, to diagnose and test to resolve problems.

7. The Bidder must provide, at a minimum, a toll free telephone number or collect telephone number with staffed customer service personnel who are familiar with the terms and conditions of the contract. This service must be available to contact users on business days between 7:00 a.m. and 6:00 p.m. ET. When staffed customer service is not available a contact person(s) and phone number(s) must be available.

E. ADDITIONAL SERVICES

The MSLC may request additional services related to the scope of work during the term of the contract.

Any additional services shall be performed at the awarded hourly rate and only upon written authorization by the MSLC. The MSLC makes no guarantee that additional services will be requested.

E. ACCOUNTING AND BILLING

The Bidder must confirm adherence in written form to the following guidelines as it pertains to invoicing and billing:

1. Each and every invoice must contain the Purchase Order (PO) number, corresponding service contract number assigned and dates of service in order for the Vendor to receive payment.

2. All invoices submitted to the MSLC for payment MUST be itemized and include appropriate back-up materials supporting each invoice. Back-up materials may include a signed copy of the cost estimate for the job, other supplier invoices for outside services, and/or written explanations or justifications for any overages that may have occurred.

3. Bidder MUST describe the format they intend to use to invoice the Lottery. It is desirable that invoices provide the MSLC with easily understood information to be able to properly and completely monitor project status relative to payments. This would include, but not be limited to the following: individuals’ names; hours worked; the specific tasks performed;

amount per line item; and dates of service. The MSLC may have additional information included in the invoice. Electronic submission of invoices is acceptable to the MSLC’s Finance Accounts Payable Division at accountspayable@masslottery.com.

4. The Successful Bidder shall furnish to the MSLC, in advance, a written cost estimate of all expenditures in connection with all services or projects outside of the original Bid defined services (scope) by the Successful Vendor or requested by the MSLC. Prior to undertaking any projects, or committing any MSLC funds, the Successful Vendor shall obtain written authorization from a MSLC Director.

mailto:accountspayable@masslottery.com

F. BONDING REQUIREMENTS

1. Vendor is responsible for any damages that occur while servicing the machines.

2. Fidelity Bond - The successful Vendor may be required to maintain, during the life of the contract resulting from this Bid, a fidelity bond in the amount of one million dollars ($1,000,000) covering any loss to the MSLC due to any fraudulent or dishonest act on the part of the Vendor and any officer, employee, subcontractor, or assignee of the Vendor.

Proof of said bond may be requested to be submitted to the MSLC prior to contract award.

3. Performance Bond - The successful Vendor may be required to submit, at the time of contract execution, a performance bond of one hundred thousand dollars ($100,000.00).

4. If requested, said bond must be executed by a company authorized to do business in the Commonwealth of Massachusetts and must be approved by the MSLC. If requested the bond shall be maintained in full force for the life of the contract.

Proof of said bond must be submitted to the MSLC prior to contract award. The performance bond is forfeited to the Commonwealth of Massachusetts in whole or in part, if the Vendor defaults in the performance of its contractual obligations or if the MSLC incurs damages to the willful or negligent performance of contractual duties.

IV. CONTRACT REQUIREMENTS

To be eligible for contract award, a Vendor must meet the following qualifications:

1. acknowledge that any data, processes and resources owned by MSLC shall remain the property of the MSLC; the Bidder shall not access any MSLC data except as expressly provided by the terms herein to provide services; bidders are prohibited from using, collecting, or disclosing any information acquired as a result of the contract;

2. Bidder shall implement and maintain appropriate administrative, technical and organizational security measures to safeguard against unauthorized access, disclosure or theft.

3. any warrants and represents that Bidder has obtained any necessary rights to any and all third party products; and none of the services and/or products infringe on the rights of any third parties;

4. immediately inform the Executive Director, or their designee, in writing of any major change in the financial condition or organization of the company; failure to do so shall constitute a breach of the contract.

5. Agree to the terms and conditions of the Commonwealth Standard Contract and

Terms and Conditions;

The MSLC reserves the right to obtain, from sources other than the Vendor, information concerning a Vendor, the Vendor’s capabilities and the Vendor’s performance under other contracts that the MSLC deems pertinent to this bid and to consider such information in evaluating the Vendor’s bid.

The MSLC reserves the right to terminate this Agreement at any time for poor performance, failure to perform, fraud, or any other reason at any time upon sixty

(60) days’ notice except that the MSLC shall make payment for any expenses incurred for all work completed by the date of termination.

All responses and their contents will become the sole property of the MSLC upon receipt and will not be returned to the Bidder.

V. BID SUBMISSION REQUIREMENTS

The following must be submitted for a Vendor’s Bid to be considered responsive:

1. Signed Cover Letter (Attachment A)

Completed by an authorized signatory providing relevant contact information and confirmation that Bidder agrees to the terms of this Bid.

2. Prompt Pay Discount Form (Attachment B)

• All Bidders are required to include a Prompt Payment Discount Form

(Attachment C) in their final submission. This form will be available for download on COMMBUYS under the bid document’s attachments tab.

Download this form as directed below; ink signature is not required.

• After entering the “Bidder Name” and “Date of Offer for Prompt/Early Payment Discount”, the Bidder must identify the prompt payment discount(s) terms by indicating the “Percentage Discount off of the Proposed Pricing” and the “Turn-around-time for Payments.”

• In the event that the Bidder is unable to offer a prompt payment discount, the Bidder must document this fact and provide supporting information. If awarded a contract, the final negotiated prompt payment discounts will be reflected on the Commonwealth Standard Contract Form.

3. Supplier Diversity Form (Attachment C)

Completed and signed by an authorized signatory.

4. Cost Table (Attachment D)

• The cost proposal(s) must be submitted as a separate attachment on COMMBUYS named “(Company Name) Cost Proposal – BID # 26-30”.

Failure to meet this requirement may result in disqualification of the bid.

• Bid response must consist of the Vendor’s Cost Table. Pricing must remain firm for the entire contract period.

• Bidder must include a fully completed Cost Table. This is a fixed price engagement, a total cost must be given but must also include a breakdown of charges which will be made a part of the Vendors Contract. Include explanatory materials necessary for a full understanding of the data contained in the Cost Table.

• The Cost Table must be completed comprehensively. When applicable, insert the expression N/C (No Charge) in the appropriate price column. If there is nothing inserted in a price column, the Procurement Board will assume N/C (No Charge).

• The Bidder must use the Cost Table provided and shall make no changes, additions or deletions.

• Costs which are not specifically identified in the Vendor's Response, and accepted by the MSLC as part of a Contract, will not be compensated under any Contract awarded pursuant to this bid. The Commonwealth will not be responsible for any costs or expenses incurred by Vendors responding to this bid.

5. Standard Contract Form (Attachment E)

Completed and signed by an authorized signatory.

6. Business and Technical Response

a) Executive Summary

Providing a concise overview of the Bidder’s response. The Summary should be prepared in such a way that it may be read independently of other detail. This section should highlight those aspects of the response (other than cost) which the Bidder believes makes it unique in meeting the needs of the MSLC.

b) Narrative Response

• Operational Specifications and Requirements Bidder response must address Section III: A, D – F in written form

• Vendor Requirements Bidder response must address Section IV: A – E in written form

• A description of all dependencies and/or assumptions made by the Bidder.

Response Format Instructions:

a. Responses must follow the Section and Paragraph numbering format of the requirements/specifications portions contained in this bid in order for responses to be evaluated in an orderly and efficient manner.

Example: III. a., III. b., etc.

b. Separate Business and Technical response and Cost Response. The

Business and Technical Response must not include any cost information.

The MSLC reserves the right to discard bids in which the Business and Technical Response includes cost information.

c. Proposed approach to how the Bidder will provide the services described herein, generally describing the methodology, timelines and keys to success. The bid must include a narrative statement of work describing services, knowledge and relevant experience, and approach for providing the deliverables described in this Bid.

Terms:

Estimated Provisions - 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 Vendors, and are not to be relied upon as any indication of future purchase levels.

Freight - Unless otherwise specified, all products and services shall be “FOB Destination”.

The MSLC will not assume any separate freight, mileage, travel time or any other associated charges in addition to the Bid price. Any charges of this nature must be included in the Bid price.

Mandatories and Desirables - Mandatory specifications in this Bid are identified with the words "must", "shall", "will", "mandatory", or "is required". However, Vendor must assume that every specification included herein is a mandatory specification, unless it is clearly indicated to be otherwise. A mandatory specification is one that must be met in order for a response to be considered responsive. Any response, which fails to meet a mandatory specification of the Bid, will be deemed non-responsive and will be disqualified. Desirable specifications are designated with the words, "is desired", "desirable", and "highly desirable". Unless there is an explicit indication to the contrary stated in this Bid, Vendor may receive evaluation points for “desirable” goods and services.

Payments - Payment shall be made for services only after such services have been delivered and accepted by the MSLC. Payments shall be made only in arrears. No advance payments can be made to Vendor. Payment will be made 45 days after acceptance and following receipt of invoice unless Prompt Payment Discount (PPD) is offered.

Public Records.

All responses and information submitted in response to this Bid are subject to the Massachusetts Public Records Law, Massachusetts General Laws, Chapter 66, Section 10, and Chapter 4, Section 7, Subsection 26. Any statements in submitted responses that are inconsistent with these statutes will be disregarded, and all submissions will be treated as confidential until the contract is awarded, all terms are negotiated and documents are executed.

Change in Terms.

The MSLC reserves the right to change, and/or amend the specifications identified in the Bid at any time prior to the closing date. The MSLC reserves the right to negotiate with the selected Bidder(s) as to any element of cost or performance, including without limitation, elements identified in the Bid and/or the selected Bidder’s response in order to achieve the best value for the Commonwealth. The MSLC reserves the right to procure some, all, or none of the services specified in this Bid.

Contract Negotiation and Amendments The MSLC may negotiate changes to the original performance measures, quantities, term length, and requirements identified in this Bid at any time, provided that such changes are consistent with the scope of this Bid. The MSLC may negotiate and execute contract amendments with the awarded Bidder(s), which the MSLC reasonably determines are within the scope of this Bid and necessary to result in best value to the Commonwealth.

Warranties Bidder must provide all warranties as required and agreed to in the contract resulting from this bid.

The Procurement Management Team (“PMT”) reserves the right to modify, amend or cancel the terms of this Bid at any time.

Unnecessary samples, attachments, or documents not specifically requested in the Bid should not be submitted. Bidders MUST adhere strictly to the procedures as outlined herein. Responses to this Bid or any parts thereof received by the Commonwealth after the required date and time will be rejected as unresponsive to the Bid. Delivery of responses to any office or location other than the email address listed in this section will NOT constitute receipt by the Commonwealth. It is the sole responsibility of the Bidder to ensure that responses are received at the proper location, prior to the stated deadline, and that Commonwealth personnel properly acknowledge the receipt.