DCR788_snomaking equip upkeep_Final_1 (1)~1.doc

The Commonwealth of Massachusetts

Executive Office of Energy and Environmental Affairs Department of Conservation and Recreation

251 Causeway Street Boston MA 02114 www.mass.gov/dcr

Request for Response (RFR) Document Title: Snow Making and Grooming Supplies, Equipment & Service ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: <Bid# assigned automatically by COMMBUYS in the Bid# field when the draft Bid is created> Agency Document Number: DCR 788 13 September 2018

RFR Introduction and General Description

11.1 Procurement Scope and Description

11.2 Background information

11.3 Applicable Procurement Law

11.4 Number of awards

11.5 Adding Vendors after initial Contract award

11.6 Eligible Entities

11.7 Acquisition Method(s)

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

21.9 Contract Duration

21.10 Estimated Value of the Contract

21.10.1 Basis for estimated dollar value for this Contract (including all options to renew)

Estimated Procurement Calendar [Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS]

32.1 Written questions via the Bid Q&A on COMMBUYS [delete if NA]

42.2 Locating Bid Q&A <delete section if not using Bid Q&A>

42.3 Amendment Deadline <delete if NA>

42.4 Physical Bidders’ Conference (in person) <delete if NA>

Specifications

53.1 Bidder Qualifications

53.1.1 Company experience

53.1.2 References and reference information and/or requirements

53.2 Commodity Specifications

53.2.1 Brand name or equal

53.2.2 Warranties and guarantees

63.3.3 Loaner Equipment

63.4.4 Executive Order 515, Establishing an Environmental Purchasing Policy

63.5 Compensation Structure/Pricing

63.6.1 Travel expenses and all other expenses

Other Terms:

74.1 Reporting.

74.2 Alternatives

74.3 Failure to perform contractual obligations

Audit:

Evaluation criteria

86.1 Mandatory requirements

86.2 Desirable specifications

86.3 Alternatives

86.4 Evaluation Components

HOW TO SUBMIT A quote

12Appendix 1 – Required Terms for all RFRs

12General Procurement Information

12Access to security-sensitive information

13Alterations

13Ownership of Submitted Quotes

13Prohibitions

13Terms and Requirements Pertaining to Awarded Contracts

13Commonwealth Tax Exemption

14Vendor’s Contact Information

14Contractual Status of Orders and Service Contracts

14Publicity

APPENDIX 2 Instructions for Execution and Submission of Commonwealth Standard Forms

14Commonwealth Standard Contract Form

15Commonwealth Terms and Conditions

15Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

16Vendor Authorized Signatory Listing

16Supplier Diversity Program Plan Form 1

17Current Environmentally Preferable Products / Practices Form

17Prompt Payment Discount Form

17Business Reference Form

18appendix 3 – Instructions for Vendors Responding to Bids Electronically through COMMBUYS

RFR Introduction and General Description

1.1 Procurement Scope and Description: The Commonwealth of Massachusetts Department of Conservation and Recreation (DCR) seeks to establish a pre-qualified list of vendors that can provide an array of equipment and services to the agency in support of its winter cross country ski programs. For an indicative list of the equipment currently in use, see Commodity Specifications (Item 2.2) below.

NOTE: Elements of the work sought is subject to prevailing wage. For example, installation of a network expansion as well as repair including parts replacement of the snow making water distribution system is subject to prevailing wage law (Massachusetts Department of Labor Standards)

1.2 Background information: The Department (www.mass.gov/dcr) has care and control of 450,000 acres of state parkland in the Commonwealth of Massachusetts. The Department currently has a seasonal Nordic style (cross-country) ski facility at the Leo J. Martin Golf Course located at 190 Park Road in Weston, MA.

1.3 Applicable Procurement Law: This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.4 Rolling Enrollment Contract and adding Contractors after initial Contract Award

This solicitation will result in a rolling enrollment contract, which means that proposals may be submitted and may be evaluated by the DCR evaluation team at any time after the amendment deadline of the solicitation with no submission deadline. After initial contract awards are made, however, the DCR evaluating team reserves the right to begin evaluating submissions periodically, including but not limited to quarterly or semi-annual reviews.

The DCR evaluating team 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 needs. If, subsequent to such a decision, the evaluating team determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Solicitation but were not awarded contracts.

If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

The dates of rolling enrollment are November 15 2018 5PM- November 15, 2026 5PM.

1.5 Eligible Entities: Any contract resulting from this Bid is intended for use by the Issuing Entity. The agency does reserve the right to add eligible entities at a later date, including other Executive agencies.

1.6 Acquisition Method(s): The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchase, Tax Exempt Lease Purchase (TELP), Term Lease, Fee for Service, and/or Rental.

1.7 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.

1.8 Contract Duration: The expected duration of this contract is as follows:

Initial Duration

Three (3 ) years from the contract effective start date (execution date)

Total Maximum Contract Duration

Up to nine years (9)

Renewal of contracts will be at the discretion of the issuing agency and subject to a performance evaluation. This evaluation may include, but not limited to, the following criteria:

Vendor has performed well on projects assigned.

Vendor responds to agency inquiries on a timely basis

Vendor communication is clear and helpful

Vendor provided a key individual to serve as a liaison and provided contact information.

Vendor files invoice on a timely basis

Vendor files reports on a timely basis

Vendor skill sets remain in keeping with the expectations of the solicitation.

Vendor assigned staff as presented in the original proposal (individuals and skill sets pledged)

Estimated Value of the Contracts: The estimated value of the overall expenditure, across multiple contracts awarded, is approximately $500,000 based on previous maintenance needs of the current system projected over the anticipated life the contract(s).

1.9 2.0 Anticipated Procurement Calendar

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.

1.10 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 DCR regarding this Bid. All 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 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. DCR 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 Vendor 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 Vendor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Vendor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded Vendor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

1.11 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: DCR 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. DCR and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date solicitation or information received from a source other than COMMBUYS.Specifications

1.12 Bidder Qualifications

1.12.1 Company experience: Vendors must demonstrate that they have been in business a minimum of five years. Vendors must further demonstrate that they have relevant experience servicing and repairing snow making systems.

1.12.2 References and reference information and/or requirements: Responding vendors must provide a minimum of three relevant business references.

1.13 Commodity and Service Specifications: The Department has identified the necessary supplies, equipment and infrastructure required to operate a Nordic style ski facility. Equipment may include but not be limited to groomers, snow guns, compressors, pumps/pumping equipment, water supply lines and snowmobiles. The estimated number of units and minimum specifications and quantities to be purchased, or leased, maintained, repaired or modified under this request will be determined on an as needed basis by the Department. All snow making and maintenance equipment must be capable of performing industry standard tasks, in accordance with the specifications provided herein, typical industry usage in a the Northeast Region of the US, and the manufacturer specifications submitted in response to this RFR. All snow making and related equipment must meet local, state and federal regulations for safety and emissions. For reference, here is the Department’s current inventory of snowmaking equipment and maintenance assets:

2015 Pisten Bully 100 groomer

2009 Pisten Bully 100 groomer

2013 Artic Cat snowmobile

2013 Artic Cat Quad

2015 SMI Super Pole Cat snow gun (currently 4 guns)

2016 SMI Kid Wizzard snow gun ( currently 2 guns)

1980's Arreco snow guns ( currently 2 guns)

Small Tidd Tech pull behind groomer

Medium Tidd Tech pull behind groomer

2015 Skier Rescue Sled

45 horsepower pump – pressure produced can be adjusted from 175 psi to 275 psi Pipe, sizes 3” and 4”

Certain equipment is currently covered by a statewide contract issued by the Operational Services Division (OSD). In cases where such an OSD is in place, that contract will be first utilized to seek departmental needs.

Vendors may provide proposals for the services required for the purchase, installation, maintenance and repair of snow making and grooming equipment. Suppliers of snow grooming equipment may provide a proposal providing repair and maintenance service pricing along with their sale or lease proposal package.

Supplier of snowmaking equipment may provide pricing relative to installation; personnel training; parts; repair and maintenance services; evaluation of physical plant requirements; recommended layout of pumps, pipeline and snow gun locations for optimum snow making conditions.

Please note the specifications are non-proprietary. Each vendor that responds to this RFR shall provide detailed documentation including photographs, product literature and specifications that demonstrate the equipment’s capability and performance. Submitted documentation shall be used to evaluate proposals. Vendors submitting proposals to provide used equipment shall specify the assets year, make and model; engine hours; condition; recent photographs; operators manual and service records if available; and list of any attachments or proprietary upgrades.

Downtime at the facility is to be avoided. DCR seeks vendors who can respond to agency needs quickly and efficiently.

1.13.1 Brand name or equal: Unless otherwise specified, 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.

1.13.2 Warranties and guarantees: Respondents must include their written policy regarding service and parts warranties.

1.13.3 Loaner Equipment: If the time for warranty or service repairs will exceed the specified time, the Vendor 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 Vendor.

1.14 Executive Order 515, Establishing an Environmental Purchasing Policy: Vendors should complete and submit the Bidder Current Environmentally Preferable Products / Practices Form with their response. Respondents (bidder) are asked to submit a Bidder Current Environmentally Preferable Products / Practices Form. While not every question is pertinent to the work solicited here, it is a measure of the general practice of the vendor. Answer every question as best you can as this will be evaluated as part of the review.

1.15 Compensation Structure/Pricing: To be considered eligible for review, responses must include pricing information. For service item, the anticipated hourly rate for service should be quoted. For parts and equipment, a discount from list price should be quoted. Time to travel to and from the site is NOT to be included in the service charge. Shipping costs incurred by the vendor are not to be included in the service charge unless previously authorized by the agency representative on site to address a particular problem.

NOTE: Elements of the work sought is subject to prevailing wage. For example, installation of a network expansion as well as repair including parts replacement of the snow making water distribution system is subject to prevailing wage law (Massachusetts Department of Labor Standards)

1.15.1 Travel expenses and all other expenses: Travel to and from the job sight are NOT billable to the agency. Incidental expenses and meals are NOT billable to the agency.

Other Terms

1.16 Reporting: Vendors 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. Selected Vendors must annually provide proof of insurance, including Workers’ Compensation and compliance with all Massachusetts regulations regarding unemployment insurance.

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

1.18 Failure to perform contractual obligations: Performance of the vendor will be monitored fur the term of the contract. Failure to perform may result in one or more of the following consequences:

· Termination

· Suspension

· Cover/Replacement Costs

· Adding additional Vendors

Further, renewal of contracts will be at the discretion of the agency and subject to a performance evaluation. This evaluation may include, but not limited to, the following criteria:

· Vendor has performed well on projects assigned.

· Vendor responds on a timely basis

· Vendor communication is clear and helpful

· Vendor provided a key individual to serve as a liaison and provided contact information.

· Vendor files invoice on a timely basis

· Vendor files reports on a timely basis

· Vendor skill sets remain in keeping with the expectations of the solicitation.

· Vendor assigned staff as presented in the original proposal (individuals and skill sets pledged)

Audit: During the term of this Agreement and for a period of six years thereafter, 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 Vendor'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 Vendor has materially overcharged DCR, then the Vendor 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.

1.19 Mandatory requirements: Vendors must respond via Commbuys by submitting:

· DCR 788 Response Form

· Business Reference Form

· Supplier Diversity Plan Form

· Prompt Payment Discount Form

1.20 Desirable specifications: The following desirable specifications will be scored and included in the evaluation. Vendors are encouraged to submit.

· Bidder Current Environmentally Preferable Products / Practices Form

1.21 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 agency 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.

1.22 Evaluation Components: The following components will serve as criteria evaluating each response:

· Warranty: Respondents must include their written policy regarding service and parts warranties.

· Commitment to responsiveness: Identify your expected response time to a call for support or service. Downtime at the ski track is to be avoided. DCR seeks vendors who can respond to agency needs quickly and efficiently.

· Loaner Policy: If the time for warranty or service repairs will exceed the specified time, the Vendor 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 Vendor.

· Company Experience: Vendors must demonstrate that they have experience performing similar work/tasks. Experience in the repair and maintenance of snow making equipment is sought.

· Business References: references should be relevant to the type of work/equipment cited above.

· Price: Please note that price will carry a significant weight in the evaluation process. The following price components will be evaluated:

· Service Rates (hourly)

· Parts costs – discount from list

· Prompt Payment Discount

· Supplier Diversity Commitment (a minimum of 10% of the evaluation score – see Section 9).

· Environmental Practices

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). See Section 7.0 for additional guidance.

1.23 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.

1.24 COMMBUYS Quote Submission Training and Instructions: Assistance with registration and submissions, call the COMMBUYS Helpdesk at 617.720.3197.

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.

1.25 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 Job Aids for Vendors link.

· 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.

1.26 Bid Opening Date/Time: All Bids must be received by the 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.

1.27 Contents: Respondents must provide those items cited in the Mandatory Requirements (see Item 5.1 above)

1.27.1 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.

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

· Standard Contract Form

· Commonwealth Terms and Conditions

· Vendor 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 Vendor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

1.28 Limits and Restrictions

1.28.1 File Naming Conventions: Files submitted via COMMBUYS should be identified using “DCR788_CompanyName” . Submissions may in the form of a single document, rather than individual uploads for each document, provided the file size (see below) is not surpassed.

1.28.2 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 as used above which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc. may be employed if needed.

1.28.3 File Format Restrictions: All scanned documents must be in .pdf 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.

1.29 Withdrawing a Quote

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

1.29.2 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, discuss this with the agency representative when notified of an award.

1.30 Additional Quote 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 Vendors’ Statewide Contracts can be depended upon to incorporate the same terms and only those terms. Vendors 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.

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 Vendor 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 agency 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 review team 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.

Vendor’s Contact Information: It is the Vendor’s responsibility to keep the Vendor’s Contract Manager information current. If this information changes, the Vendor must notify the agency Contract Manager by email immediately. The Vendor should also periodically check COMMBUYS to be sure the contact information in their registration is accurate and up to date.

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

Contractual Status of Orders and Service Contracts: Orders or service engagements placed under the Contract established as a result of this Bid by Eligible Entities shall be considered separate Contracts between the Eligible Entity and the Vendor, and shall be deemed to incorporate all of the terms and conditions of the Contract. Nothing contained in any order or service contract shall amend or vary the terms of the Contract. Additional terms which do not conflict with the Commonwealth’s Terms and Conditions, the Massachusetts Standard Contract Form, this Bid and any amendments, or the Bidder’s Quote, may be included in an order or service contract if mutually agreed upon by the Vendor and eligible entity.

Publicity: Any Vendor 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 agency.

APPENDIX 2

Instructions for Execution and Submission of Commonwealth Standard Forms

Some of the forms listed below can be electronically signed by the Bidder, see Electronic Signatures. However, online Bidders must, if notified of Contract award, submit the following four (4) forms on paper with original ink signatures unless otherwise specified below, within the timeframe referenced in the RFR section entitled Ink Signatures: the Commonwealth Standard Contract Form, the Commonwealth Terms and Conditions, the Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) and the Vendor Authorized Signatory Listing.

Commonwealth Standard Contract Form: Sign electronically as described above; if notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

By executing this document or signing it electronically, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation by the agency. Also, the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by the Operational Services Division and included as part of the Contract upon execution of this document by the State Purchasing Agent or his designee.

If the Bidder does not have a Vendor Code beginning with “VC,” or does not know what their Vendor Code is, the Bidder should leave the Vendor Code field blank. The Bidder should NOT enter a Vendor Code assigned prior to May 2004, as new Vendor Codes have been assigned to all companies since that time.

Signature and date MUST be handwritten in ink, and the signature must be that of one of the people authorized to execute contracts on behalf of the Vendor on the Vendor Authorized Signatory Listing (See below).

Commonwealth Terms and Conditions: Sign electronically as described above; if notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If the Bidder has already executed and filed the Commonwealth Terms and Conditions form pursuant to another RFR or Contract, a copy of this form may be included in place of an original. If the Bidder’s name, address or Tax ID Number have changed since the Commonwealth Terms and Conditions form was executed, a new Commonwealth Terms and Conditions form is required. The Commonwealth Terms and Conditions are hereby incorporated into any Contract executed pursuant to this RFR.

This form must be unconditionally signed by one of the authorized signatories (see Vendor Authorized Signatory Listing, below), and submitted without alteration. If the provisions in this document are not accepted in their entirety without modification, the entire Proposal offered in response to this Solicitation may be deemed non-responsive.

The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form).

Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form):

Sign electronically as described above; if notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If a Bidder has already submitted a Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form) and has received a valid Massachusetts Vendor Code, an original W-9 form is not required. A copy of the form as filed may be included in place of an original. If the Bidder’s name, address or Tax ID Number have changed since the Mass. Substitute W9 Form was executed, a new Mass. Substitute W9 Form is required. The information on this form will be used to record the Bidder’s legal address and where payments under a State Contract will be sent. The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions. Please do not use the U.S Treasury’s version of the W9 Form.

Vendor Authorized Signatory Listing: Sign electronically as described above; if notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

In the table entitled “Authorized Signatory Name” and “Title,” type the names and titles of those individuals authorized to execute contracts and other legally binding documents on behalf of the Bidder. Bidders are advised to keep this list as small as possible, as Vendors will be required to notify the Procurement Manager of any changes. If the person signing in the signature block on the bottom of the first page of this form will also serve as an “Authorized Signatory,” that person’s name must be included in the typed table.

With regard to the next paragraph, which begins “I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk or Legal Counsel for the Vendor…,” if your organization does not have these titles, cross them out and handwrite the appropriate title above the paragraph.

The signature and date should be handwritten in ink. Title, telephone, fax and eMail should be typed or handwritten legibly.

The second page of the form (entitled “Proof of Authentication of Signature”) states that the page is optional. However, the “optional” aspect of the form is that Commonwealth Departments are not required to use it. In the case of Statewide Contracts, this page is REQUIRED, not optional. The person signing this page must be the same person signing the Standard Contract Form, the Commonwealth Terms and Conditions, and the RFR Checklist.

Please note that in two places where the form says “in the presence of a notary,” this should be interpreted to mean “in the presence of a notary or corporate clerk/secretary.” Either a notary or corporate clerk/secretary can authenticate the form; only one is required.

Organizations whose corporate clerks/secretaries authenticate this form are not required to obtain a Corporate Seal to complete this document.

Supplier Diversity Program Plan Form 1: This form is REQUIRED for this procurement. Download this form and complete as directed below; include with online submission. Ink signature is not required.

The specific Supplier Diversity Program (SDP) requirements for this procurement can be found earlier in this document. Bidders are required to state a specific percentage of contract revenues that will represent the SDP annual commitment for the entire contract period, including any renewals.

Current Environmentally Preferable Products / Practices Form: In line with the Commonwealth’s efforts to promote products and practices which reduce our impact on the environment and human health, Bidders are encouraged to provide information regarding their environmentally preferable/sustainable business practices as they relate to this Contract wherever possible. Bidders must complete this form and submit it with their RFR Response.

Prompt Payment Discount Form: Download this form and complete as directed below; include with online submission. Ink signature is not required.

Pursuant to the Prompt Payment Discount terms set forth in the RFR Required Specifications for Contracts and on the Prompt Payment Discount Form itself, all Bidders must execute this form. After entering the “Bidder Name” and “Date of Offer for Prompt/Early Payment Discount”, the Bidder must identify the prompt payment discount(s) terms by indicating the “Percentage Discount off of the Proposed Pricing” and the “Turn-around-time for Payments.” In the event of a hardship that prevents the Bidder from offering a prompt payment discount, the Bidder must document this fact and provide supporting information. If awarded a contract, the final negotiated prompt payment discounts should be reflected on the Commonwealth Standard Contract Form.

Business Reference Form: Download this form and complete as directed below; include with online submission. Ink signature is not required.

Bidders must provide all requested information on this form for three (3) required references. In completing this form, note that the “Bidder” is the name of the company submitting a Quote in response to this RFR and the “RFR Name/Title” and the “Agency Document Number” can be found on the cover of the RFR document and in the Short Description field in the Header Information of the Bid record in COMMBUYS. Also, please note that: “Reference Name” is the name of the organization (if not applicable, then name of the individual) that is providing the reference; “Contact” is the name of the individual inside the organization that will provide the reference; and the “Address,” “Phone #” and “Fax/Internet Address” are those of the “Contact” so that the agency may be able to reach them.

Appendix 3:

Instructions for Vendors Responding to Bids Electronically through COMMBUYS Introduction COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid

7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

9. The lower half of the page provides information about the specific goods/services the bid is requesting.

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

d. Is “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms

It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

The following messages are received:

Terms & Conditions is not acknowledged – to resolve this, click on the Terms & Conditions tab and accept the terms. Your quote has not been submitted – information message; no action required

12. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14. The item opens. Input all of your quote information and click Save & Exit.

15. CONFIDENTIAL INFORMATION: If documents uploaded in your quote response contain confidential information (security sensitive, EFT, W9, Commonwealth Terms and Conditions), you must mark each item as confidential. The confidential column on the Attachments view allows the user to select whether the attached form is confidential or not. Place a check box under the confidential column for each confidential attached form.

16. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

19. The Summary tab redisplays with an updated Status for the quote of Submitted.

20. Your quote submission is confirmed…