Container RFR Final 6.7.24.docx

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF PUBLIC SAFETY & SECURITY

DEPARTMENT OF CORRECTION

50 MAPLE STREET, SUITE 3

MILFORD, MA 01757

Request for Response (RFR)

Document Title: Containers

COMMBUYS Bid#: BD-24-1025-DOCFS-FISCM-98950

Agency Document Number: RFR # 24-DOC-1000-Containers

Issue Date: June 7, 2024

Table of Contents

1. RFR Introduction and General Description Procurement Scope and Description The Massachusetts Department of Correction (the “Department” / DOC) is soliciting Bidders for the purchasing, renting, leasing, service or maintenance of tow-behind cargo trailers, tractor trailer box units (including refrigeration units), mobile office trailers, drop containers for both storage and temporary container offices. This is not an all-inclusive list of containers / trailers to be provided to the department and we may seek at any time to add or remove as needed. Additionally, these Trailers / Containers will be used for items to include but not be limited to, Material Storage, Equipment Storage, Temporary Offices, Food Storage and Record Storage.

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 Department seeks Multiple Contractors. The intent of this RFR is to establish and maintain a list of pre-qualified contractors from which the Department, facilities located throughout the DOC, and the other Commonwealth Agencies defined as eligible entities, can select.

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. The Department will not accept new bids that are received less than 6 months away from the maximum and final end date of the solicitation. The Department makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

Eligible Entities Any contract resulting from this Bid will be open for use to the Issuing Entity (DOC), County Sheriffs, and all agencies under the oversight of the Executive Office of Public Safety and Security (EOPSS). This is a Non-Statewide/Limited User Contract.

Each of these Commonwealth Agencies will be responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this contract.

Acquisition Method(s) The acquisition method(s) to acquire goods and/or services from this Solicitation are:

Outright Purchase, Rental, and Term Lease.

This is a rate contract, which will be utilized on an as needed, as required basis. Federal Funds may be used to fund any part of this contract.

Performance and Payment Time Frames Which Continue Beyond Duration of Contract All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes after final contract end date. 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 the department 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:

Initial Duration

Up to 3 Years

Total Maximum Contract Duration

7 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 The estimated value of purchase(s) resulting from this Bid is $192,619.00 annually. Which is based on historical spend over the past ten years. 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.

This Request for Response is being procured in compliance with the World Trade Organization for procurements in which the value over the entire duration of the procurement may exceed $498,000.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

Estimated Procurement Calendar

August 1, 2024 2:00PM.

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.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current 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 Purchasing Department, including requests for clarification. The Purchasing Department 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 Purchasing Department to be lost or rejected by any means including email or spam filtering.

Point of Contact All formal communication during the bidding period shall be only through the designated point of contact and all submissions shall be via COMMBUYS.

The Prime point of contact for this solicitation will be:

SST Leader Name: Paula Daggett SST Leader Title: Deputy Director of Contract Services Email address: Paula.Daggett@doc.state.ma.us

Questions and Answers Regarding the 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 COMMBUYS. Responses to requests for clarification or questions will be provided in writing and issued by the Strategic Sourcing Team Leader via COMMBUYS. In addition, the Department of Correction reserves the right to, in its sole discretion, to not answer 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 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 reserves 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 or this 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.

Specifications Additional required terms appear in the Appendices to this RFR.

Functional Description The Massachusetts Department of Correction (the “Department” / DOC) is soliciting Bidders for the purchasing, renting, leasing, service or maintenance of tow-behind cargo trailers, tractor trailer box units (including refrigeration units), mobile office trailers, drop containers for both storage and temporary container offices. This is not an all-inclusive list of containers / trailers to be provided to the department and we may seek at any time to add or remove as needed. Additionally, these Trailers / Containers will be used for items to include but not be limited to, Material Storage, Equipment Storage, Temporary Offices, Food Storage and Record Storage.

Eligible Brands and Models Massachusetts Department of Correction 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, Massachusetts Department of Correction reserves the right to negotiate said purchase with the contractor(s). All goods provided under the contract may be new, but the department reserves the right to purchase used, Factory seconds or remanufactured goods. All products provided by the awarded bidder must meet all federal, state and local standards for quality and safety requirements. Products not meeting these standards will be deemed unacceptable and returned to the awarded bidder for a full refund at no extra charge to Massachusetts Department of Correction.

Brand Name or Equal Unless otherwise specified in this Bid, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Bid to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

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 the Massachusetts Department of Correction. Containers and Trailers must conform to Federal Motor Vehicle Safety Standards and Regulations.

Warranties All purchases, rentals, parts, maintenance, and repair shall be covered under the OEM standard warranties and shall be honored by the awarded Contractors. Please define the standard OEM warranty on Response Form A Bidders must include information regarding all additional OEM warranties with any additional costs, discounts or benefits associated. This should be documented on Response Form A.

Bidders shall also include all limitations of warranty availability relating to containers / trailers, service, parts, accessories, supplies, delivery, etc. which are known, should have been known or later made known to the Bidder in the response form, and, if awarded contract, any changes during life of contract. This should be documented on Response Form A.

Service (Labor/Repair/Maintenance/Installation) Pricing for Services (Labor/Repair/Maintenance/Installation) will be ceiling based, hourly rates, meaning that the price is the maximum the Contractor may charge an Eligible Entity per hour. Hourly rates for services may only be charged beginning when the contractor arrives at the service site (no travel costs). Contractors are paid only for hours worked on location. Labor charges begin at the job location and end at the job location. Eligible Entity will not pay for any additional labor charges away from job location. In the event of a lockdown within the facility the department will not be charged for time in and out of traps nor will the department pay for services not rendered Awarded Contractors are encouraged to offer additional discounts when available and Eligible Entities are always encouraged to shop around to get the best pricing possible. Awarded Contractor price files will be available for download from COMMBUYS. The SST reserves the right at any time to modify the structure of pricing or price files on the contract if it is in the best interests of the department.

Employee and/or business technical experience and qualifications For all bidders providing service, repair, maintenance or installation services, personnel employed by the Contractor shall be fully qualified to perform these duties, if required, in a professional manner according to the standards established by equipment manufacturers and in accordance with the requirements of the Commonwealth of Massachusetts.

All technicians shall have had at least five years’ experience and at least two years in the installation and maintenance of the proposed systems, or technicians not meeting these requirements must be under the direct supervision of a Contractor employee that meets these requirements.

Contractors must provide the technician’s names and their credentials upon the request of the Purchasing Entity.

Recalls In the event of a manufacturer’s recall, awarded Contractors will be responsible for contacting Massachusetts Department of Correction 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 the Massachusetts Department of Correction. The Bidder’s procedure for recalls is to be described on Response Form A.

Trade-Ins Trade-ins may be authorized provided the Massachusetts Department of Correction adheres to the state surplus property guidelines. Contractors that have agreed to accept trade-ins must negotiate in good faith with the Massachusetts Department of Correction trade-in value at the time of trade-in. Contractors MUST accept trade-ins that are an equal of the product being purchased. This can be documented on Response Form A.

Company Certifications and Affiliations Businesses must be certified by the Original Equipment Manufacturer (OEM) to sell, rent, lease, maintain and repair containers / trailers in this solicitation.

Each Bidder shall submit proof of qualifications in the form of a copy of their current certification(s), licensures and or an OEM letterhead signifying the Bidder’s certification status.

The Contractor may subcontract containers / trailer repair, rental and maintenance awarded under this solicitation. The subcontractor shall maintain the same quality workmanship and adhere to all other requirements. Prior written approval of the Massachusetts Department of Correction is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance, payment and adequate oversight of their subcontractors.

References and Reference Information and/or Requirements Bidders are to provide three (3) references that reflect the largest customers and/or the largest state government customers on the Business Reference Form attached to Additional Forms Packet.

Compensation Structure/Pricing The acquisition method(s) to acquire goods and/or services from this Solicitation are Outright Purchase, Rental, and Term Lease. This is a rate contract, which will be utilized on an as needed, as required basis. Federal Funds may be used to fund any part of this contract.

Compensation will be based solely on the pricing information provided by the Bidder and accepted by the Department.

Bidders responding to this RFR must complete and return: Response Form A and attach appropriate pricing list and or catalogues.

Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire time period of the renewal option.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

Supplier Diversity Program Program Background Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

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

Financial Commitment Requirements All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

· Disability-Owned Business Enterprise (DOBE)

· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships Bidders and Contractors may engage SDP Partners in the following two ways:

· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

· SDP Partners are not required to be subcontractors.

· SDP Partners are not required to be Massachusetts-based businesses.

· SDP Partners may be changed or added during the term of the contract provided the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

· Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

· Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability:IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

· Which departments/units within the business are responsible for implementing supplier diversity.

· Types of opportunities for which diverse and small businesses are considered.

· Specific measures/methods of engagement of diverse and small businesses.

· An existing internal supplier diversity policy.

· Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

· Serving as a mentor in a mentor-protégé relationship.

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

· Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

SDP Spending Reports and Compliance After contract award, Contractors must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment To submit SDP spending reports using the Hub, Contractors must create a profile in the Hub. Contractors must follow report submission instructions from the issuing department and the SDO.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor's compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

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

SDP Spending Verification The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

Program Resources and Assistance Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

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 comply 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 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 EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy

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 be charged for any additional expenses pertaining to these and similar situations.

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 lockups, private facilities, and community settings such as residential facilities.

The Department of Correction has zero tolerance towards the sexual abuse of incarcerated individuals in its custody. All staff members, volunteers, and vendors are required to comply with 103 DOC 519, the Sexual Harassment/ Abuse Response and Prevention Policy (SHARPP), and to report any sexually abusive behavior to the Department immediately. Incarcerated individual 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, Sexual Harassment /Abuse Response and Prevention Policy (SHARPP).

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 abuse and sexual harassment; PREA coordinator

(2) § 115.12 Contracting with other entities for the confinement of incarcerated individuals.

The Contractor is responsible for ensuring that it is in full compliance with the PREA Law and all standards and must achieve a 100% passing score on all PREA audits initiated by the Department, ACA, and/or any other entity.

Before hiring or promoting employees who may have contact with incarcerated individuals, the Contractor, as an extension of the DOC, shall abide by § 115.17 Hiring and promotion decisions.

Security and Confidentiality The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Department of Correction.

Contractors Terms and Conditions The Department is not obligated and should not complete, sign or execute any contractor or vendor contracts, invoices or other terms and conditions. It must be clearly understood that the Standard Contract Form and the Commonwealth Terms and Conditions supersede any contractor or vendor contracts, invoices or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions are signed, the signed document is immediately considered invalid.

Reporting Contractors are responsible for compliance with all other contract reporting requirements, including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

Contract Management The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Department’s Contract Manager.

The Department’s Contract Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the Contract manager if the bidder is having trouble obtaining any required attachments electronically through Commbuys. 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 Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFR.

Change Notification Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Department’s Contract Manager. In some cases, additional paperwork will be required to effect the change.

Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be done; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

Invoices and Payment Itemized invoices shall be sent to the proper office by the Contractor no later than 30 days after completion of services or receipt of goods. The Contractor’s invoices at a minimum shall include the following:

· Name and address of Contractor

· Telephone number, fax number, and e-mail contact address

· Date of invoice and date of delivery

· Name of Department contact person

· Prompt payment discount terms

· Valid Department of Correction Purchase Order number All invoices shall be itemized. Itemized invoices shall include a copy of all receipts and any backup documentation. Itemized invoices shall include a complete description for each charge such as number of billable hours, the hourly rate, an explanation, and description of the work performed, etc.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed, and detailed receipt of deliverables, which includes the department employee signature, may be attached to the invoice.

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

Delivery and Shipping All pricing is to include delivery & shipping to the ordering facility. Any request for extra delivery costs must be pre-approved by authorized DOC personnel. The Department will not be responsible for any additional charges including but not limited to; shipping, freight, delivery, handling, fuel or any other like charges to be paid by the users of this contract, without prior written authorization by authorized DOC personnel. Liability for product delivery remains with the Contractor until properly delivered and signed for in accordance with the Department and the Commonwealth Terms & Conditions.

Any special packaging requirements will be outlined within the specifications. If any other shipping method is to be used, it must be preapproved in writing from the contract manager prior to shipping.

Massachusetts Department of Correction 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 Massachusetts Department of Correction’s daily operations.

Prompt Pay Discounts Contractors are required to offer prompt pay discounts terms to the Department. Preference or additional points may be given for reasonable offers. If the Contractor offers a prompt pay discount, the discount terms must be clearly indicated on the invoices. The date the prompt payment discount term will begin is the date that the invoice is received and accepted by the Department’s fiscal office or the date of work completion/order receipt, whichever is greater.

Justified Credits Written credits will be issued to the fiscal office no later than two business days upon request. Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices.

Tax Exempt Tax shall not be charged to Executive Branch Departments. The Contractor may request a copy of the Tax-Exempt form from the Department.

The Department makes no guarantee that any services will be purchased from any contract resulting from this RFR. The contract resulting from this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the Department.

Prevailing Wage The Contractor shall adhere to all prevailing wage rate specifications and schedules as determined by the Commonwealth of Massachusetts Executive Office of Labor and Workforce Development and the United States Department of Labor as applicable, and when required.

Contractors are agreeing to these terms by submitting a Response to this RFR.

Performance Measurement Any and all work performed through the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and according to applicable codes and industry accepted standards. Contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award. Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Purchasers may be surveyed as to their satisfaction with the contractor’s performance under the contract. Contractor performance will also be evaluated based on the number of complaints received from Purchasers. A high number of unresolved complaints will result in a warning to the contractor and may lead to early termination or non-renewal of that contractor’s contract.

Contract Amendments The Department reserves the right to amend this contract. The Department may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFR. The Department reserves the right to negotiate and execute contract amendments with the contractor(s) which the Department determines are necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract. Negotiation would be with the successful Contractor(s) of this RFR. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

Contract Renewal Prior to the expiration of the initial duration, the Department will notify Contractors of the Department’s intent to renew the contract. Price changes may be requested at that time if supporting documentation of any increases is provided. Renewal rates will be negotiated at the time of the renewal offer. Contract renewal is contingent upon the Contractor’s ability to perform contractual obligations.

Contract Termination for Convenience In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department of Correction may, in its sole discretion, terminate this Contract at any time without cause for its convenience (“Termination for Convenience”) by giving written notice to Contractor thirty (30) calendar days prior to the effective date of termination or such other period as is mutually agreed upon in advance by the parties. If Contractor is not in default or in breach of any material term or condition of this Contract, Contractor shall be paid its reasonable, proper, and verifiable costs, including work performed and accepted up to the date of termination to the extent previous payments made by the Department of Correction to Contractor have not already done so. Such payment shall be Contractor’s sole and exclusive remedy for any Termination for Convenience and, upon such payment by the Department of Correction to Contractor, the Department of Correction shall have no further obligation to Contractor. The Department of Correction shall not be responsible for Contractors anticipatory profits or overhead costs attributable to unperformed work.

Contract Termination for Cause In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department may terminate a contract if the Contractor breaches any material term or condition or fails to perform any material obligation required by the contract.

Insurance The Contractor 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 Contractor's responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Contractor must replace/repair, at the eligible entity’s sole option, any property damages incurred 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. Eligible entities may incorporate additional insurance requirements in their Statement of Work for services under this contract.

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 certified copies of all insurance policies currently in place, including Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as identified below. Upon request, prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide the eligible entity with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. 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 When signing the Commonwealth Standard Contract Form, provided upon award of a contract, the Bidder confirms compliance with applicable state and federal employment laws or 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 or as designated and agreed upon by purchasing eligible entity. 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 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 within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

Audit During the term of this Agreement and for a period of six years thereafter, the DOC, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports, or files, to audit all records relating to goods sold or services performed pursuant to this Agreement.