CM03.pdf

INVITATION FOR BIDS CM-03

Published May 2025

1. INVITATION

1.1. The City of Boston, acting by the Official designated in the advertisement, invites sealed bids for providing the goods or services and performing the work as described in the Purchase Description and Specifications attached hereto, in accordance with the terms and conditions of the attached contract documents.

2. SUBMISSION OF BIDS

2.1. Electronic Invitation for Bids

If this Invitation for Bids has been advertised and distributed electronically using the City’s Online Sourcing & Procurement website, documents that are referenced in the electronic bid package are incorporated into the Invitation for Bids. All bidders are solely responsible for obtaining and completing the required documents that are identified in this Invitation for Bids and for complying with all substantive bid requirements. Bidders are responsible for checking the City’s Online Sourcing & Procurement website for any addenda or modifications that are subsequently made to this Invitation for Bids or attachments. The City accepts no liability for and will provide no accommodation to bidders who fail to check for amended procurement opportunities and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the Invitation for Bids language or any Invitation for Bids component files. Modifications to the body of the Invitation for Bids, specifications, terms and conditions, or which change the intent of this Invitation for Bids are prohibited and may disqualify a response. To the extent a bid deposit is required, the deposit must be physically delivered to the City in accordance with the procedures described in paragraph 2.2.

It is the responsibility of the prospective bidder and awarded contractor to keep current the email address of the bidder’s contact person, and to monitor that email inbox for communications from the City. The City assumes 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 City to be lost or rejected by any means including email or spam filtering.

Bidders electing to respond to this Invitation for Bids electronically must submit their responses online via the City’s Online Sourcing & Procurement system by the Close Date and Time. To learn about Online Sourcing and Procurement, go to http://www.cityofboston.gov/procurement/. Alternatively, Bidders may submit responses via the traditional paper and wet signature method.

By submitting an online bid, bidders must acknowledge and accept electronically all conditions and requirements associated with or referenced in the Invitation for Bids and agree to execute contracts electronically. This electronic signature is acceptable pursuant to MGL c.110G, § 1 et.

seq., the Massachusetts Uniform Electronic Transaction Act (UETA). The City of Boston retains the right to request paper documents and wet ink signatures with respect to any or all documents associated with a solicitation.

2.2. Filing Paper Bid And Form Of Bid Deposit

If the bidder elects to submit a paper bid or if an electronic bid is not applicable, the original bid shall require a wet ink signature. The original bid and a duplicate copy thereof (which may be a photocopy) shall be enclosed in an envelope. The envelope shall be sealed and plainly marked on the outside thereof with a description of the goods or services to be provided, bid opening date, and the bid number, if applicable. The bid shall be filed before the time and at the place designated in the Advertisement attached and incorporated by reference herein and shall be accompanied by a bid deposit in the form of a bank check, a certified check, or a treasurer’s or cashier’s check issued by a responsible bank or trust company, payable to the City of Boston, or a bid bond in a form satisfactory to the Official with a surety company qualified to do business in Massachusetts if, and as specified, in the Advertisement.

2.3. Time For Filing Bids; Time Of Bid Opening

Bids shall be filed no later than the time and date designated in the Advertisement; the opening of bids shall be on the date and at the time specified in said Advertisement.

2.4. Withdrawal Of Bids

No bid may be withdrawn after the time set for bid opening except by written notice received by the Official prior to the time and date set for bid opening as set forth in the Advertisement.

No bid filed by any responsible and responsive bidder may be withdrawn after the date and time of opening, nor prior to the execution and delivery of a contract to the lowest responsible and responsive bidder. The Official shall award a contract prior to the expiration of ninety (90) days (Saturdays, Sundays and legal holidays inclusive) after the opening of bids, or within such other time specified in the Advertisement.

3. BID DEPOSITS: AMOUNT; RETURN OF DEPOSIT; FAILURE OF

PERFORMANCE/LIQUIDATED DAMAGES

3.1. Amount Of Bid Deposit

The amount of any bid deposit shall be as specified in the Advertisement. All bid deposits of twenty dollars ($20.00) or less shall be retained by the City as a bid filing charge.

3.2. Return of Deposit

All other bid deposits, as specified in section 2.1, except those of the three lowest responsible and responsive bidders, shall be returned upon notice of award of a contract, or if no award is made, no later than ninety (90) days after the date of the opening of bids. The bid deposits of the three lowest responsible and responsive bidders shall be returned only upon the execution and delivery of the contract to the City or, if no award is made, no later than ninety (90) days after the date of the opening of bids or, if federal, state or other government approval is required, within thirty (30) days (Saturdays, Sundays, and legal holidays included) after the date of such approval.

3.3. Failure Of Performance; Liquidated Damages

If the successful bidder fails to perform his agreement to execute a contract and furnish the required security for performance within ten (10) days (Saturdays, Sundays and legal holidays excluded) after an award is made, or within such additional time as the Official may authorize in writing, the bid deposit shall become and be the property of the City of Boston as liquidated damages; provided, that the amount of the bid deposit which becomes the property of the City shall not, in any event, exceed the difference between the bidder’s price and the price of the next lowest eligible and responsible bidder; and provided further, that, in case of death, disability or other unforeseen circumstance affecting the bidder, the bid deposit shall be returned to the bidder after submission of a sworn affidavit delivered to, and accepted by, the Official.

4. SPECIFICATIONS

4.1. Before submitting any bids, bidders shall fully inform themselves in regard to all conditions pertaining to the Invitation For Bids and all required terms and conditions for carrying out the contract. By filing a bid, the bidders do thereby represent that they have so informed themselves. Any estimates, plans or other information relating to the goods, services, labor or materials or work required by the contract documents are to be considered for the purpose of comparing the several bids. Neither the City, nor its officers, agents or employees, shall be responsible for the accuracy of, or bound by, such estimates, plans or information.

5. BIDS FOR EQUAL ITEMS

5.1. Equal Bids Shall Be Considered

Except where otherwise specifically provided to the contrary in the contract documents, any proprietary name mentioned in the Purchase Description and Specifications is for the purpose of information only and is not intended to limit competition. Bids for any article, assembly, system or any component part thereof (hereinafter “item”) equal to that named in the specifications will be considered. An item shall be considered equal to the item so named if (1) it is at least equal in quality, durability, appearance, strength, and design, (2) it will perform at least equally the function imposed by the general design for the work being contracted for or the material being purchased, and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the said specifications.

5.2. Notice of “Equal”

A bidder submitting a bid on proprietary item(s) other than the specific item(s) named in the specifications shall submit, with the bid forms filed, a written notice containing the name and full particulars pertaining to such item(s) including, but not necessarily limited to, the manufacturer’s name, catalogue number, model number and price.

5.3. Judgment As To Equality

The decisions of the Official as to whether an item(s) is or is not equal shall be final.

5.4. Expense Of Proving Equality

Any and all expense necessary to prove to the Official the quality of items offered as equal to the specific item or specified names shall be borne exclusively by the bidder submitting any proposed substitutions.

6. INFORMATION AS TO PROPOSED MATERIALS

6.1. Before any contract is awarded, the bidder may be required to furnish, without expense to the City, a complete statement of the original composition and manufacture of any or all materials proposed to be used in the performance of the work, together with all samples, which may be subjected to any reasonable tests required by the Official to determine their quality and fitness for the work. The particulars of tests, if any, may be set forth on the form entitled Evaluation Criteria.

7. PRICE BASIS ON CONTRACTS FOR THE PURCHASE OF GOODS AND

SERVICES

7.1. Purchase Of Goods Defined

The purchase of goods shall mean goods as defined in the Uniform Commercial Code, G.L.c.106, §2-105, or all property, other than real property, including equipment, materials, printing and insurance, and further including services incidental to the delivery, conveyance and installation of such property.

7.2. Purchase Of Service Defined

The purchase of services shall mean the furnishing of labor, time, or effort by a contractor, not involving the furnishing of a specific end product other than reports.

7.3. Firm Bid Price; Exception

Except where otherwise specifically provided to the contrary in the Advertisement, or in the Purchase Description and Specifications, or Evaluation Criteria, as the case may be, prices bid will be accepted by the City as firm prices unless the Official has specifically requested and a bidder specifically responds in writing in its bid consistent with the Official’s request that the

INVITATION FOR BIDS

CM-03

prices bid are subject to decrease or increase and the basis for calculation of the amount thereof.

7.4. Price Escalation

In the event that the Advertisement, or Purchase Description and Specifications, or Evaluation Criteria, as the case may be, provides that prices for contracts are subject to price change, the bidder shall strictly respond to the Invitation For Bids with respect to price requirements, including the amount or percentage of price change and applicable time period(s).

8. TAXES

8.1. The City is exempt from federal excise taxes (Federal Exemption No.A-108-328) and from the Massachusetts Sales and Use Tax (Certificate No. E-046-001-380). Exemption Certificates will be provided, if requested, following award to the successful bidder.

9. BASIS FOR ACCEPTANCE/CONFLICT OF INTEREST

9.1. Any bid made will be accepted only on the basis that the bidder, by filing its bid, represents that it is made in good faith without fraud, collusion or connection of any kind with any other bidder for the same work; that the bidder is competing solely in its own behalf without connection with, or obligation to, any undisclosed person, firm or corporation; that no other person, firm or corporation has any interest in the contract; that no officer, agent or employee of the City is financially interested in the contract; that the bidder is fully informed in regard to all provisions of the contract documents, including, without limitation, the specification and drawings, if any;

the time for performance and the provisions with respect to liquidated damages, bonds and insurance, if any.

10. QUESTIONS

10.1. All questions as to the interpretation of the Invitation For Bids, Purchase Description and Specifications, Evaluation Criteria and all other contract documents shall be submitted in writing to the Official. Written answers to such questions will be sent by the Official to each person on record as having received an Invitation For Bids and all documents incorporated by reference therein. No questions will be answered unless received by the Official at least seventy-two hours prior to the expiration of the time set for filing bids.

11. CONTRACT AWARD

11.1. Bid Opening

Bids shall be publicly opened and read aloud at the time and place designated in the Advertisement.

11.2. Right To Accept Or Reject

The Official reserves the right to waive any minor informalities and to accept or reject any or all bids. In the event the Purchase Description and Specifications require bids for goods and multiple items each of which has separate price components, the Official reserves the right to accept or reject any item(s) therein and award contracts therefor. The Official shall award the contract to the bidder the Official determines to be the lowest responsible and responsive bidder.

11.3. Agreement By Bidder

The submission of a bid shall constitute agreement on the part of the bidder that, if the bidder is given or mailed a notice of acceptance within ninety (90) days (or such other time specified in the Advertisement) of the bid opening, the bidder shall within ten (10) calendar days (Saturdays, Sundays and legal holidays excluded) of receipt of such notice or within such additional time as the Official may authorize in writing, deliver to the Official a contract properly executed together with the required security for performance and any other required contract forms requested by the Official.

12. PERFORMANCE BOND

12.1. A performance bond of a surety company authorized to do business in Massachusetts and satisfactory in form to the Official, or a certified check, or a treasurer’s or a cashier’s check, issued by a responsible bank or trust company, payable to the City of Boston, may be required of the successful bidder as security to guarantee the faithful performance of the contract. If security is required, the penal sum of such bond or amount of such check shall be as specified in the Advertisement.

12.2. Simultaneously with the execution of the contract, the successful bidder shall deliver such bond or other security to the Official. Failure to provide the required bond or other security within the time herein specified in paragraph 11.3 shall render the contract award void and result in the forfeiture of the bid deposit as liquidated damages.

13. HARMONIOUS LABOR RELATIONS

13.1. The submission of a bid shall constitute the certification of the bidder that the bidder is able to and will furnish labor that can work in harmony with all elements of labor employed or to be employed on the work.

14. QUALIFICATIONS OF BIDDERS

14.1. It is the purpose and intention of the Official not to award the contract to any bidder who does not furnish evidence, when requested, satisfactory to the Official that he has the ability and experience to perform the pertinent class of work.

15. UNIT PRICE PROPOSALS

15.1. The bidder shall submit the bid upon the Bid Response Form furnished by the Official. If the bid is on a unit price basis, the bidder shall respond to and specify a unit price, in both words and figures, if so required in the price specifications, for each item for which a quantity is given, and shall show the products of the respective unit prices and quantities written in figures in the column provided for that purpose and the grand total amount of the bid obtained by adding the amounts of the several items. All words and figures shall be typewritten or in pen and ink. In case of a discrepancy between the prices written in words and those written in figures, the written words shall govern. In the event there is a discrepancy between the unit prices and the total sum of all items, the unit prices shall govern.

16. ADDENDA

16.1. Any supplemental instructions, amendments or changes in the Invitation For Bids, or attached documents, shall be in the form of written addenda to this Invitation. If issued, such addenda shall be sent by first class mail or tele-fax to all persons of record as having received an Invitation For Bids at the address listed thereon or via email to registrants on the City’s Online Sourcing & Procurement website. Such addenda, if any, will be sent no later than five (5) business days prior to the time set for the opening of bids.

16.2. Failure of any bidder to respond to any such addenda shall not relieve such bidder from any obligation under the bid as submitted. At the time of the opening of bids, each bidder shall be conclusively presumed to have received and understood all bid documents, including all addenda, and the failure of any bidder to examine any form, instrument or other document which is part of the Invitation For Bids shall in no way relieve such bidder from any obligation arising under law from the submission of a bid.

17. TOXIC OR HAZARDOUS SUBSTANCES

17.1. A bidder filing a bid concerning materials containing toxic or hazardous substances must submit a Material Safety Data Sheet with such bid. This document must accompany any deliveries of materials containing such substances when made by the successful bidder, his agent, or contractor. A bidder agrees to comply with the so-called “Right-To-Know Law”, G.L.c.111F, in respect to the labeling, handling and delivery of substances subject to the jurisdiction of said law.

18. INVITATION FOR BIDS INCLUDES BY REFERENCE ALL DOCUMENTS

REFERRED TO AND INCLUDED THEREIN

18.1. This Invitation For Bids hereby expressly incorporates by reference any and all documents referred to therein, including without limitation the Advertisement, the Purchase Description and Specifications, the Evaluation Criteria, and all contractual terms and conditions applicable to the procurement.

18.2. This Invitation For Bids expressly incorporates by reference the City of Boston Standard Contract General Conditions (Form CM 11) and such other contractual terms as the Official deems necessary.

19. PUBLIC RECORDS

19.1. All responses and information submitted in response to this solicitation 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 shall be disregarded.

APPROVED AS TO FORM BY CORPORATION COUNSEL APRIL, 2025

THIS FORM IS VOID AND WITHOUT LEGAL EFFECT IF ALTERED IN ANY WAY