DCR 749 Street Sweepers.docx

THE COMMONWEALTH OF MASSACHUSETTS

Department of Conservation and Recreation

251 Causeway Street Boston MA 02114

Request for Response (RFR)

Document Title: Purchase of Street Sweepers

Agency Document Number: DCR 749

3 May 2017

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on

COMMBUYS

www.COMMBUYS.com . All Bidders are responsible for reviewing and adhering to all information, forms and requirements for th e entire

Bid, which are all incorporated into the Bid Bidders may also contact the C

OMMBUYS

Helpdesk at COMMBUYS@state.ma.us or the C

OMMBUYS

Helpline at 1-888-MA-STATE The Helpline is staffed from 0 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

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

Revised: June 29, 2016

3.1.3

APPENDIX 7 Glossary Table of Contents Page iii Document Sensitivity Level: High during development; Low once published.

RFR Introduction and General Description Procurement Scope and Description The Commonwealth of Massachusetts Department of Conservation and Recreation (DCR) is soliciting Bidders for the acquisition of mechanical street sweepers.

Background information The Department of Conservation and Recreation is steward of one of the largest state parks systems in the country. Its 450,000 acres is made up of forests, parks, greenways, historic sites and landscapes, seashores, lakes, ponds, reservoirs and watersheds. Park operations maintain nearly 300,000 acres of the state’s forests, beaches, mountains, ponds, riverbanks, trails, and parks. Parkways, campground access roads, and parking lots fall are maintained year round by DCR.

DCR seeks a vendor who can supply and maintain mechanical street sweepers as well as parts for repairs.

Applicable Procurement Law This Bid is issued under the following law(s):

· MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

Number of awards The target maximum number of Contractors is four. This is a target number; the agency may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

Adding Contractors after initial Contract award If, over the life of the Contract, DCR determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts initially. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

Eligible Entities

Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department.

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

Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 12 months 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

2 years

Total Maximum Contract Duration

4 years

No goods may be ordered and no new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $357,000. 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.

Basis for estimated dollar value for this Contract (including all options to renew) The “Estimated Value (US$)” for this Bid was based on the following: estimated need, budget considerations, market research on product costs.

Estimated Procurement Calendar

Training for Online Quote Submission:

Locate and Respond to Bids in COMMBUYS Live Webinar (Online) Wednesday, May 17, 2017 10:00 to 11:00 AM

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.

Written questions via the Bid Q&A on COMMBUYS The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that any questions submitted to the SST using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are 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.

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.

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

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 DCR seeks vendors to provide mechanical street sweeper(s), as well as the supply of preventive maintenance, repairs and repair parts when needed.

Respondents should provide a catalogue of sweepers offered which meet these minimum requirements, along with current pricing.

· Engine: 70 hp (min) diesel

· Water spray system with 200+ gallon tank

· 3+ yard debris hopper

· Total dumper dump height not to exceed 9’ 7”

· (1) main broom, (2) side brooms with total max width no greater than 10’

· Amber safety light package

· Tier 4 Emissions Upgrade

· Power assisted brakes

· Air Conditioning

· AM/FM radio

· Rear View Camera system

· First Aid Kit meeting MassDOT specifications

· 5 lb. Fire Extinquisher

· Reflective Triangle Kit

· Chock Blocks

· Body Color – White

· Undercarriage powder coat

· Operating manual

· Delivery of Mechanical Sweeper to a DCR facility (in Massachusetts) must be included at no additional cost.

· Delivery of parts may be by postal or private courier, again at no cost to the Agency.

· Street sweeper(s) must be available for delivery on or before 25 June 2017

Bidder Qualifications Company certifications and affiliations Authorization letters from Manufacturers or Dealers Company experience Respondent should have a minimum of five years in the sales and service of the equipment recommended References and reference information and/or requirements Recent customers in Massachusetts– within the past three years. A business reference form must be submitted with the response.

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.

Warranties and guarantees All services, equipment and parts must meet standard manufacturer’s warranties but not less than a minimum of one year warranty, including all parts and labor. Full support for all manufacturer recalls should also be provided. All material shall be new, rebuilt, and of recent manufacture and may be tested and inspected at any time by the Department.

The warranty on all parts and labor after machine warranty has expired must be described.

Operations Training Selected vendor must provide training in the operation and ongoing maintenance of the equipment to DCR staff (estimated time commitment – three hours).

Product evaluations and samples DCR reserves the option to visit with the respondents for a product demonstration prior to making its selection.

Loaner Equipment If the time for warranty or service repairs exceeds 3 days, the selected shall provide equivalent loaner equipment upon request by the customer. Loaner equipment shall be provided at no cost, including shipment to the customer’s location and return of loaner equipment to the Contractor.

Emergency response plans/preparedness In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Contract on a priority basis. The Bidder’s Quote should include the following:

Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency.

A list of emergency contact information including name, position/title, phone, email and cell phone.

A list of the Bidder’s building location (s) that would be available to serve the Commonwealth during an emergency.

A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region).

This information will not be considered in the evaluation of the Quote.

Service Level Agreements (SLAs) Response time guarantee: during the warranty period, selected must commit to retrieving the equipment within 10 hours of a call. If the time for warranty or service repairs exceeds 3 days, the selected shall provide equivalent loaner equipment upon request by the customer.

Geographic service and delivery areas Delivery of Mechanical Sweeper to a DCR facility (in Massachusetts) must be included at no additional cost. Delivery of parts may be by postal or private courier, again at no cost to the Agency.

Pick and return of sweeper while under warranty for covered repairs or recalls must also be at no cost to the agency.

Requirements at Contract or engagement termination DCR may elect to cancel any Master Service Agreement issued under this RFR at anytime, or replace it with a superseding RFR and subsequent Master Service Agreement(s).

Environmental Specifications Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf.

DCR seeks the Tier 4 Emissions Upgrade as an element in its minimum specifications for a mechanical street sweeper.

Environmental plan Beginning the first year of the Contract and throughout the life of the Contract, awarded Bidders must agree to work with the SST to examine the feasibility of implementing an environmental plan. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Such a plan may include, but not be limited to, the following:

· Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

· Encouraging environmental initiatives at a corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment; such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

· Adopting standards and/or obtain certifications, where applicable, for product development and manufacturing processes such as but not limited to LEED, ISO 14001, Cradle to Cradle (C2C) Protocol, Green Seal, Environmental Choice and others.

· Using alternative fuel vehicles for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles with guidance on anti-idling initiatives.

· Working with the SST to develop and distribute information and/or materials to Commonwealth customers on the Awarded Bidder’s environmental practices and initiatives throughout the term of the Contract.

· Developing a plan to implement the recycling of materials used or produced in normal business operations.

· The SST may award points to Bidders who provide evidence that measures and initiatives such as these are already in place within their operations, and/or for written proposals submitted with their Quote detailing a commitment to action contingent upon receipt of a Contract award. (See the Additional Environmentally Preferable Products / Practices form on COMMBUYS).

Compensation Structure/Pricing Compensation will be based on outright purchase pricing and fee for service for repairs and maintenance services. There will be no upfront or deposit payments made.

The Vendor must be able to deliver the sweepers to DCR offices in Massachusetts FOB Destination, freight prepaid and allowed. The seller pays and bears the freight charges and owns the equipment while they are in transit. Title passes at the buyer’s location. All shipping costs are to be included in equipment pricing.

Travel expenses and all other expenses No such expenses will be paid during the warranty period.

Labor Rates All or part of the service(s) available under this RFR and resulting contract may require the payment of prevailing wages pursuant to G.L. c. 149, Sections 26 through 27D (construction); Section 27F (trucks, vehicles and other equipment performing public works functions (non-construction); Section 27G (moving office furniture) and 27H (state cleaning contracts). The awarding authority has a legal obligation to request a prevailing wage schedule from the Department of Labor Standards (DLS) at www.mass.gov/dols and to ensure that annual updates are requested pursuant to G.L. c. 149 s. 27. In addition, bidders and proposers must agree to comply with the Prevailing Wage Law, as administered by the DLS. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website at www.mass.gov/dols or by calling the DLS Prevailing Wage Program at (617) 626-6953.>

Other Terms Continued qualification based on performance 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.

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 Commonwealth Agency.

Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) All communications and coordination regarding a contract issued under this RFR shall be with DCR’s Fleet Management division, including coordination with delivery, training, invoicing, etc.

Alternatives Contractors may propose alternatives for equivalent, better or more cost effective performance than specified under the Contractor’s original Quote at any time during the life of the Contract.

Failure to perform contractual obligations Termination Suspension Adding additional contractors Cover/Replacement Costs Liquidated Damages

Further, options to renew any contract issued under the RFR shall be exercised only upon a satisfactory review of vendor performance during the previous contract period.

Audit During the term of this Agreement and for a period of six years thereafter, the Department of Conservation and Recreation (DCR) 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, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged DCR, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

Evaluation criteria Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award.

Mandatory requirements Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the SST. The SST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

Mandatory requirements include:

· Respondent is an authorized manufacturer of the product they intend to provide.

· Respondent has a minimum of five years in the sales and service of the equipment recommended.

Desirable specifications See item 3: Specifications for the minimum specifications sought by DCR.

Alternatives A Quote which fails to meet any material term or condition of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Bid is to provide the best value of commodities and/or services to achieve the goals of the procurement.

Evaluation Components The following components will used as criteria considered by the Agency when evaluating each response.

Price Commitment to Service, including response time for warranty service Vendor Experience Product Line – variety of choice and selection meeting minimum requirements Product Warranty Business References Compliance with SDP requirements Prompt Payment Discounts Compliance with the Environmental Preferred Products and Services Requirements

Price Please note that price will carry a significant weight in the evaluation process In addition to product costs, the following price components will also be evaluated:

Prompt Pay Discounts (PPD) Supplier Diversity Plan (formerly Affirmative Market Plan) (minimum of 10% weight) Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 9.

HOW TO SUBMIT A quote

All Bidders may begin creating and compiling Quote materials as soon as the Bid with all attachments is in the Sent document status. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

Quote Submission Method Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

COMMBUYS Quote Submission Training and Instructions The following resources are provided to assist Bidders in submitting Quotes:

· Appendix Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

· Training sessions focused on online Quote submission, if offered, are noted in the Estimated Procurement Calendar;

· An online job aid on How to Create a Quote;

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

COMMBUYS Support Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

Bid Opening Date/Time All Bids must be received by the Operational Services Division before the specified date, month, year and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

Quote Contents Bidders must comply with the requirements below.

RFR Submission Checklist Respondents must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist.

Pricing structure Narrative which addresses the business and technical requests of the RFR.

Supplier Diversity Program (SDP Plan Form # 1) Prompt Pay Discount (PPD) Form Environmentally Preferable Products/Practices (EPP) Business Reference Form Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Ink Signatures Original ink signatures are required only after contracts have been awarded. The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

Standard Contract Form Commonwealth Terms and Conditions Contractor Authorized Signatory Listing Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) Electronic Funds Transfer Sign Up Form

Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

Limits and Restrictions File Naming Conventions Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [ ] some systems apply when files are downloaded from the Internet.

RFR Section or Quote Component Description Enter in COMMBUYS during upload File Name Assign when creating files

Company Name Marketing Print Ad Company Name Marketing Postcard CompanyName_MktBroch.doc CompanyName_MktPrint.doc CompanyName_MktPost.doc

Company Name Clothing Catalog Part 1 Company Name Clothing Catalog Part 2 CompanyName_FootCat.pdf CompanyName_ClothCat1.pdf CompanyName_ClothCat2.pdf

File Size Limits The system will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. Note the naming convention used above which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc. If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

File Format Restrictions All scanned documents must be in .pdf or .gif format, and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

Withdrawing a Quote Prior to Bid Opening Date/Time Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote.

After Bid Opening Date/Time No Quote can be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

Additional Quote Terms Prohibition regarding contract terms Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. It is essential for Contracting Departments that all contractors’ Statewide Contracts can be depended upon to incorporate the same terms and only those terms. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

Bidder Response Form All specifications of this RFR that are not mandatory such as those specifically identified as “optional,” “desirable” or in other terms indicating that the specification is not mandatory must have a response within the Bidder Response Form (or equivalent) provided on COMMBUYS for this Bid in order to be evaluated. Most items within the Bidder Response Form will be scored to determine the apparent successful bidders. The SSST does not want and will not read, consider or evaluate a line by line response to this RFR.

Appendix 1 – Required Terms for all RFRs General Procurement Information Access to security-sensitive information Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the Commonwealth. Qualified prospective Bidders that are interested in accessing this information for the purpose of preparing a Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

· restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

· safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and

· return such records and materials to the Commonwealth upon completion of the project.

Alterations Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

Ownership of Submitted Quotes The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

Prohibitions Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

Terms and Requirements Pertaining to Awarded Contracts Commonwealth Tax Exemption Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

Contractor’s Contact Information It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

Publicity Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

Appendix 2 - RFR - Required Specifications

RFR - REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES

Revision Date: June 6, 2016

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

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

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

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

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

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

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

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

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

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

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

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

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

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

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

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

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

· Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

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

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