DCR-961 RFR - Mobile Office Trailer Rental FINAL.pdf

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE REACHING OUT WITH ANY

QUESTIONS OR COMPLETING/SUBMITTING A BID RESPONSE

RFR DCR-961 / COMMBUYS Bid# BD-25-1020-DCRPO-DC301-116676

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS

DEPARTMENT OF CONSERVATION & RECREATION

10 PARK PLAZA, SUITE 6620

BOSTON, MA 02116

Request for Response (RFR)

Document Title:

Mobile Office Trailer Rental

Agency Document Number:

DCR-961

May 19, 2025

Please Note: This is a single document associated with a complete Bid (also referred to as

Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at

OSDHELPDesk@mass.gov or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk County holidays.

http://www.commbuys.com/ mailto:OSDHELPDesk@mass.gov

Purchasing Department Department of Conservation & Recreation

Address 10 Park Plaza, Suite 6620

City, State Zip Code Boston, MA 02116

Procurement Contact Person Jason Silva

E-Mail Address jason.silva@mass.gov

RFR Name/Title Mobile Office Trailer Rental

RFR Number DCR-961

COMMBUYS Bid Number BD-25-1020-DCRPO-DC301-116676

Procurement Category Goods & Services

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Massachusetts Department of Conservation & Recreation (DCR) is seeking pre-qualified vendors to establish a Master Service Agreement (MSA) to provide rental, delivery, installation/set-up, servicing, cold weather service and removal of mobile office trailers and associated accessories and equipment. The purpose of this procurement is to create an MSA with a pre-qualified list of vendors from which the Department may engage with for these services.

1.2 Applicable Procurement Law(s) & Regulations

This Bid is issued under the following law(s) and regulations: MGL c. 7, § 22; c. 30, § 51, §

52; and 801 CMR 21.00

1.3 Number of awards

DCR will award contracts to multiple vendors based upon bidder responses and the best interests of the Department in meeting its needs statewide.

1.4 Rolling Enrollment Contract and Adding Contractors after initial Contract Award

This solicitation will result in rolling enrollment, which means that proposals may be submitted and may be evaluated at any time after the initial deadline of the solicitation.

After initial contract awards are made, however, DCR reserves the right to begin evaluating submissions as they are received.

DCR also reserves the right to suspend the review of additional submissions or close the solicitation for new responses entirely if it deems that the number of contractors awarded at that point adequately meets the DCR’s needs.

1.5 Eligible Entities

Limited User Contract - Any contract(s) resulting from this bid will be open for use by the

Issuing Entity only.

1.6 Acquisition Method(s)

• Fee-for-Service

• Rental

1.7 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of

Options

Number of

Years/Months Instructions

Initial Duration 2 years From contract execution through

October 31, 2027

Renewal Options

#1 2 years

Renewal Option #1 from

November 1, 2027 to October 31, #2 1 year

Renewal Option #2 from

November 1, 2029 to October 31, Total Maximum

Contract Duration 5 years Through October 31, 2030

1.8 Estimated Value of the Contract

The estimated annual value of this procurement is approximately $145,000 per year.

1.9 Contract Structure & Pricing/Compensation

This RFR seeks to establish a Master Service Agreement (MSA) with multiple vendors providing similar services. An MSA is a pre-qualified list of contract vendors from which DCR may purchase/procure goods and/or services.

Contract(s) resulting from this Bid will be set up as Rate Contract(s) and will not have a maximum obligation amount. Compensation will be subject to quotes submitted by awarded contract vendors. The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this bid. Funding for any contract resulting from this procurement is conditioned upon available funding.

A contract vendor may not change their rates during the initial 2-year term of the contract through 10/31/2027, unless unforeseen circumstances necessitate a request to modify rates.

In the event of any unforeseen circumstances, the contract vendor must submit a written request to the DCR outlining the unforeseen circumstances and the market forces beyond the vendor’s control that necessitate a change. DCR shall review the request and issue a determination within 10 business days of receipt of a written request.

A contract vendor may not change their rates during the 2-year term of Renewal Option #1 between 11/1/2027 and 10/31/2029, unless unforeseen circumstances necessitate a request to modify rates. In the event of any unforeseen circumstances, the contract vendor must submit a written request to the DCR outlining the unforeseen circumstances and the market forces beyond the vendor’s control that necessitate a change. DCR shall review the request and issue a determination within 10 business days of receipt of a written request.

A contract vendor may not change their rates during the 1-year term of Renewal Option #2 between 11/1/2029 and 10/31/2030, unless unforeseen circumstances necessitate a request to modify rates. In the event of any unforeseen circumstances, the contract vendor must submit a written request to the DCR outlining the unforeseen circumstances and the market forces beyond the vendor’s control that necessitate a change. DCR shall review the request and issue a determination within 10 business days of receipt of a written request.

All invoicing and payments must be made in accordance with the Commonwealth’s Bill

Payment Policy. Unless otherwise specified at the time of purchase, all invoices should be submitted to the individual that placed the service order. Invoices submitted by the vendor shall encompass the entirety of a completed service request and should include a

Department purchase order number. Vendors shall be responsible for providing accurate backup documentation with each invoice. In accordance with Commonwealth policies, the department cannot pay in advance for services. Payments shall be made after services have been rendered. In addition, unless a vendor provides a Prompt Payment Discount (PPD) for early payment, payments for services will not be released by the Commonwealth until 45 days after services are rendered (“service to” date) or the date the department receives an invoice, whichever is the latter date.

1.10 Performance & Payment Timeframes that Continue Beyond Duration of the Contract

All rentals or agreements for services entered into during the duration of this procurement and whose performance and payment time frames extend beyond the duration of this procurement shall remain in effect for performance and payment purposes no longer than six (6) months after the final contract date. No new rentals or other agreements for services may be executed after the procurement has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any rentals or other service agreements already in place unless the department also terminates said rentals or service agreements that were executed pursuant to the main contract.

(continued on next page)

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 5/19/2025

Deadline for Submission of Questions 6/6/2025 at 5:00PM EST

Official Answers for Bid Q&A published

(Estimated) 6/13/2025 at 5:00PM EST

Bid Amendment Deadline / Online Quote submission begins. Bid documents will not be amended after this date.

6/13/2025 at 5:00PM EST

Deadline for Quotes/Bid Responses (“Bid

Opening Date/Time” in COMMBUYS)

Initial deadline: 7/11/2025 at 3:00 PM EST

(this is when DCR will begin review of all proposals submitted)

This contract will also be a rolling enrollment contract. After the initial deadline and review of proposals, DCR may allow prospective vendors to submit proposals through October 31, 2030

Notification of Apparent Successful

Bidder(s) (Estimated) 7/25/2025

Estimated Contract Start Date 11/1/2025

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.

2.1 Written questions via the Bid Q&A on COMMBUYS

Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated

Procurement Calendar (above). 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.

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 DCR, including requests for clarification. The

DCR 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 DCR to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Official Answers for Bid

Questions Issued” date indicated in the Estimated Procurement Calendar (above).

Written questions and responses will be posted on the Bid Q&A Tab for this Bid in

COMMBUYS.

2.2 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.

2.3 Amendment Deadline

The Department 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 Department 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.

3 PROCUREMENT SPECIFICATIONS

3.1 Scope of Services/Performance Measures

3.1.1 Mandatory & Desired Specifications

The Massachusetts Department of Conservation & Recreation seeks vendors to provide rental, delivery, installation/set-up services including tie-down of trailer, installation of any accessories, readying the trailer to meet all conditions for Certificate of Occupancy, when applicable. All items must be presentable, clean, and must be durable and safe for their intended use.

The Bidder must be able to provide the following:

• Mobile office trailer fully furnished, if specified with furnishing

• Mobile office trailer equipped with electricity, heat, air conditioning. (Note: DCR will be responsible to tie into existing electrical, unless specified otherwise.)

• Generators for sites where existing electricity is not available or is insufficient, if requested

• Tight tank grey water system

• Waste tank set up and dismantle

• Delivery/placement/set up including tie-downs into dirt, block & level/dismantle and any work required to obtain and maintain a Certificate of Occupancy, as applicable

• Vendor shall be responsible for filing, servicing, and paying for all necessary building permits to obtain Certificate of Occupancy, as applicable

• Vendor shall be responsible for maintaining/repairing mechanical systems (i.e.

electrical, plumbing, heating, and cooling) to ensure they remain in proper operating condition.

• Weekly or bi-weekly service for sanitary waste disposal.

• Weekly or bi-weekly service for grey water system and tight tank, including refilling water supply

• Cold weather service from November through April.

• ADA Ramps

• Stairs

The following accessories shall be considered desirable:

• Ball hitch locks

• Security packages (flood lights, fire extinguishers, alarm system, etc.)

3.1.2 Ordering/Request for Quotes

Under normal circumstances, vendors should receive notification at least one (1) week in advance of a request for rental. Vendors must respond to the request, providing the cost and availability of units with the timeframe allotted in the Request for Quotes. Said quoted cost must include all anticipated fees, such as: delivery, damage waiver, etc.

3.1.3 Order Cancellations by the Commonwealth

All scheduled arrangements made between a contract vendor and a Commonwealth agency must be adhered to, unless the agency needs to or agrees to a change or cancellation.

Notification of a cancellation should be provided to a contractor no later than 24 hours before the arranged delivery or installation. The contractor will not charge the agency for any fee or expense incurred due to an agency’s cancellation, unless the agency does not provide 24-hour notification AND the contractor has already delivered the units. In such a case, the contractor may charge the agency with a delivery fee if the unit(s) has/have been delivered. No fee may be charged on any unit that has not been delivered.

3.1.4 Order Cancellations by the Vendor

In the event that the contractor is unable to deliver pre-ordered rental unit(s) due to inclement weather or any other extraordinary circumstance beyond the control of the contractor, a 24-hour notice must be provided by the contractor to the agency.

3.1.5 Emergency Service

Although it is anticipated that most rental requests will occur during normal business hours, the procurement team would like to include vendors that are able to provide service 7 days per week and 24 hours per day in the case of an emergency request. In the case of an emergency request, the contractor shall immediately deliver the rental as requested. The requesting agency and the contractor would negotiate the extra cost for all non-business hour service, if applicable.

3.1.6 Minimum Rental Provisions

No minimum rental, either in value or count, will be allowed under this contract.

3.1.7 Delivery & Pickup Charges

Vendors may charge for delivery and pickup. Said charges must be incorporated into a vendor’s quote. There will be no delivery and/or pickup charges to agencies where the agency has personally picked up and returned the rental unit to the contractor.

3.1.8 Installation and Labor Costs

For rentals that include or require installation or setup, the vendor must include all anticipated labor, equipment, materials, parts, and supply costs on their quote. An agency may refuse payment of any unreasonable expense not expressly included on the vendor’s quote for service.

3.1.9 Long-Term Rental Discounts

Bidders should offer discounts for long-term rentals. Discounts should be provided in weekly or monthly increments.

3.1.10 Tax Exemption

Contractors may not charge state taxes (including sales tax) to any Commonwealth agency.

Contractors may request a tax-exempt certificate from agencies.

3.1.11 Commonwealth Terms & Conditions

Vendors may submit a copy of their standard rental agreement terms and conditions for review. However, the Commonwealth of Massachusetts Standard Contract Form and incorporated Commonwealth Terms & Conditions supersede any vendor’s terms and conditions.

3.1.12 Insurance

All selected vendors must be insured for Public Liability and Property Insurance to cover any damages that may occur during delivery, setup, installation, removal, or de-installation of rented units or equipment. Vendors must provide a copy of their liability insurance certificate.

4 OTHER PROVISIONS & SPECIFICATIONS

4.1 Small Business Purchasing Program (SBPP) Initiative

4.1.1 Small Business Participation Goal

The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts.

Pursuant to the SBPP, the department has set a goal making at least 50% of the awards resulting from this solicitation to SBPP-participating Massachusetts-based small https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting businesses recognized as such in COMMBUYS. All bidders are encouraged to apply for

SBPP status as described below.

The department also encourages the participation of SDO-certified businesses, which may also contribute to the award goal.

4.1.2 SBPP Participation Eligibility

To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP registered business in COMMBUYS:

(A) Have its principal place of business in the Commonwealth of Massachusetts;

(B) Been in business for at least one year;

(C) Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

(D) Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

4.1.3 SBPP Registration Instructions

Bidders that meet the requirements above, must complete or renew their company or organization’s SBPP registration in COMMBUYS. Guidance on completing the task is available in the job aid Completing Small Business Purchasing Program (SBPP)

Application.

If the automatic COMMBUYS SBPP validation is not successful, bidders that believe that they meet SBPP eligibility requirements will be asked to provide supporting documentation by email for SDO review.

4.1.4 SBPP Compliance Requirements

It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract.

Misrepresentation of SBPP status by Bidders and Contractors will result in disqualification from consideration, and could result in debarment, contract termination, and other actions. To learn more about SBPP, including how to apply, visit the SBPP Webpage.

4.1.5 Program Resources Assistance

Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbppreview@mass.gov.

4.2 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 https://www.commbuys.com/bso/ https://www.commbuys.com/bso/ https://www.mass.gov/doc/how-to-complete-or-renew-sbpp-registration-guidance-for-seller-administrators/download https://www.mass.gov/doc/how-to-complete-or-renew-sbpp-registration-guidance-for-seller-administrators/download http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbppreview@mass.gov 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.

4.3 Failure to Perform Contractual Obligations

In accordance with the Commonwealth Standard Contract Form, Terms & Conditions, and this RFR, if a contract vendor has not performed services as required by this RFR, corrective action will be taken by the Department. The Department may terminate a contract if a contract vendor’s performance continues to be inadequate despite DCR warnings and opportunities to take corrective action.

5 EVALUATION CRITERIA

Bidders must submit responses that meet all the submission requirements of this RFR. Only responsive proposals that meet the submission requirements will be evaluated and scored by the

Procurement Team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Bidders must submit a completed Bidder Response Form as part of their bid response in

CommBuys. The Bidder Response Form is included in the Attachments Tab of the bid solicitation in CommBuys.

Responses will be evaluated using the following general criteria:

• Vendor’s ability to provide a wide range of trailers including items listed as

“mandatory” and “desirable” in Section 3 of this RFR. Vendors should also include a list of all of the accessories that they are able to rent and the rental cost for each item.

This list can be provided in either text or catalogue format.

• Vendor ability/qualifications to provide the goods/services outlined in Section 3 of this

RFR.

• Number of years vendor has been in business. Vendors must have at least three (3) years of experience providing services of a similar nature to those included in this RFR.

• Pricing for rental of “mandatory” items listed in Section 3 of this RFR.

• Pricing for rental of “desirable” items listed in Section 3 of this RFR.

• Discounts for long-term rentals

• Level of service, including:

o Number of days per week that bidder can provide services o Ability to provide emergency service o Extent of geographic areas bidder is able to service

• Prompt Payment Discounts (PPD)

• Environmentally Preferable Products/Practices (EPP) http://www.mass.gov/epp http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf

6 INSTRUCTIONS FOR SUBMISSION OF QUOTES

6.1 Submittal via COMMBUYS

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR.

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. All

Bidders may begin creating and compiling response materials as soon as the Bid with all attachments is in the Sent document status. Bidders are instructed not to submit bid responses before the Bid Amendment Deadline has been reached (see Estimated

Procurement Calendar).

All Bidders must submit responses online using tolls 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.

The following resources are provided to assist Bidders in submitting responses/quotes:

• An online job aid on How to Create A Quote in COMMBUYS

• Vendor Webcast Trainings on how to register in COMMBUYS and how to find bids (solicitations) and submit quotes (responses) through COMMBUYS

• COMMBUYS Support:

o Website: Key resources on the COMMBUYS Resource Center website o Email: Send inquiries to the COMMBUYS HelpDesk at

OSDHelpDesk@mass.gov o Telephone: Call the COMMBUYS HelpDesk at 1-888-MA-STATE (1-888-

627-8283). The HelpDesk 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.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.mass.gov/service-details/vendor-training-courses http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/conduct-a-procurement/commbuys/ mailto:OSDHelpDesk@mass.gov

RFR ATTACHMENTS FOR

GOODS & SERVICES CONTRACT

The following attached forms are part of this RFR, are hereby incorporated by reference and are to be part of any agreement between bidder(s) and DCR. Bidders must complete, execute and deliver, as applicable, all forms for contract award.

APPENDIX A – REQUIRED SPECIFICATIONS FOR COMMODITIES & SERVICES (JULY 13, 2023)

Set forth in full below and available online at: https://www.mass.gov/doc/rfr-required-specifications-for-commodities-and-services

APPENDIX B – STANDARD CONTRACT FORM (7/22/2021) (INCORPORATES BY REFERENCE

COMMONWEALTH TERMS & CONDITIONS)

APPENDIX C – STANDARD CONTRACT FORM INSTRUCTIONS & CONTRACTOR CERTIFICATIONS

(8/6/2021)

APPENDIX D – COMMONWEATH TERMS & CONDITIONS FOR HUMAN & SOCIAL SERVICES

(10/25/2019)

APPENDIX E – PROMPT PAYMENT DISCOUNT FORM

https://www.macomptroller.org/wp-content/uploads/form_prompt-pay-discount.pdf

APPENDIX F – ENVIRONMENTALLY PREFERABLE PRODUCT INFORMATION

APPENDIX G – SUPPLIER DIVERSITY PROGRAM (SDP) FOR PURCHASE OF SERVICE (POS)

(Not applicable to this RFR as this is a Small Business Purchasing Program (SBPP) Procurement) https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-

APPENDIX H – CONTRACTOR AUTHORIZED SIGNATORY LISTING (INCLUDED HERE FOR

INFORMATIONAL PURPOSES ONLY. REQUIRED UPON AWARD OF CONTRACT)

https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/

APPENDIX I – MASSACHUSETTS SUBSTITUTE W-9 FORM (INCLUDED HERE FOR INFORMATIONAL

PURPOSES ONLY. REQUIRED UPON AWARD OF CONTRACT)

https://www.macomptroller.org/wp-content/uploads/form_w-9.pdf https://www.mass.gov/doc/rfr-required-specifications-for-commodities-and-services https://www.mass.gov/doc/rfr-required-specifications-for-commodities-and-services https://www.macomptroller.org/wp-content/uploads/form_prompt-pay-discount.pdf https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/ https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/ https://www.macomptroller.org/wp-content/uploads/form_w-9.pdf

APPENDIX A

RFR - REQUIRED SPECIFICATIONS FOR COMMODITIES & SERVICES (JULY 13, 2023)

Revision Date: July 13, 2023

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 also may 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.

1. 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 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.

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, 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 http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, 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).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the

Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the

Learn about COMMBUYS Resources page on mass.gov.

3. 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.

4. 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.

5. Supplier Diversity Office (SDO) Programs. Pursuant to Executive Order 599, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program

(SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this RFR.

6. Small Business Purchasing Program (SBPP)

Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts.

Pursuant to the SBPP, it is the intention of the issuing department to award this Small

Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract.

The Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility. To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.commbuys.com/bso/

Non-profit firms also must be registered as a non-profit or charitable organization with the MA

Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP Webpage, or contact the SBPP Help Desk at sbpp@mass.gov.

7. Supplier Diversity Program (SDP)

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 (see below for more information) 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(s) or non-profit organization(s). 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 acceptable Total SDP Commitment in response 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) http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/sdp https://www.mass.gov/sdp https://www.mass.gov/supplier-diversity-office

• 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 as follows:

• 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, 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 SBA Veteran Small Business Certification (VetCert) 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 are 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 the SDP

Commitment.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified

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 describe 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. 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.

SDP Spending Compliance. Only spending with SDP Partners that appear in the SDO Directory of

Certified Businesses or in the SBA Veteran Small Business Certification (VetCert)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.

http://www.mass.gov/sdo https://www.mass.gov/forms/take-the-certification-self-assessment https://www.mass.gov/forms/take-the-certification-self-assessment https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/

It is the responsibility of the Contractor to ensure they meet their SDP Commitment, and 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.

8. 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, and/or fur-bearing animals; and any forestry or lumbering operations.

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

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

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

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

http://www.mass.gov/sdp mailto:sdp@mass.gov

13. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SSST, including requests for clarification. The SSST 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 SSST to be lost or rejected by any means including email or spam filtering.

14. Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder is able to provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe, and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors may track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the

EFT application may be found on the OSD Forms page ( www.mass.gov/lists/osd-forms). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on

MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment

Form to this department for review, approval, and forwarding to the Office of the Comptroller. If the bidder already is enrolled in the program, it may so indicate in its response. Because the

Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder.