DEP.BAW.RFR.EQE.900.300A.17.11.1.17.docx

THE COMMONWEALTH OF MASSACHUSETTS

Executive Office of Energy and Environmental Affairs Department of Environmental Protection

One Winter Street, Boston, MA 02108-4747

Request for Response (RFR)

Document Title: Diesel Emission Control Retrofits & Related Services

COMMBUYS Bid#: BD-18-1045-BAW00-BAW01-19421 Agency Document Number: EQE-900-300A

November 1, 2017 (Amendments in Red) Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us 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.

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

ATTACHMENT A

Page i

RFR Introduction and General Description

1.1 Procurement Scope and Description

Through this solicitation, the Massachusetts Department of Environmental Protection (MassDEP) is seeking to procure the services of multiple qualified vendors capable of providing diesel emission reduction technologies for the benefit of publicly or privately owned on-road and non-road vehicles that have not previously been retrofitted with these technologies. The purpose of this procurement is to establish a list of pre-qualified vendors to provide these diesel retrofit technologies for MassDEP’s two retrofit programs known as the MassCleanDiesel: Clean Markets Program and the MassCleanDiesel: Clean Municipal Vehicles Program, respectively. The vendors who are pre-qualified through this solicitation will provide services that will complement MassDEP’s earlier MassCleanDiesel emission reduction programs, including the School Bus Retrofit, Waste Collection Vehicle Retrofit, and the State Fleet Emission Control programs. While this procurement is primarily focused upon procuring vendor services that will support the MassCleanDiesel: Clean Markets Program and MassCleanDiesel: Clean Municipal Vehicles Program, vendors who are pre-qualified through this solicitation may also be utilized to provide related services for other MassDEP diesel control programs involving the installation of diesel retrofit devices on other diesel vehicles, including on-road and non-road vehicles and stationary engines.

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1.2 Background information

Diesel engines emit a complex mixture of air pollutants, composed of gaseous and solid material. The visible emissions in diesel exhaust are known as particulate matter or PM. Diesel exhaust PM is a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems. Diesel engines also emit fine particulate matter (PM2.5). Those most vulnerable to diesel pollutants are children whose lungs are still developing, and the elderly, who may have other serious health problems. In addition, diesel soot causes visibility reduction and is a climate change pollutant. The goal of all MassCleanDiesel programs is to reduce diesel emissions, including particulate matter (PM), carbon monoxide (CO), and hydrocarbons (HC), thereby reducing the negative health impacts to children, drivers, and the general public across the Commonwealth.

The target fleets for these two programs include on-road trucks and non-road vehicles. On-road trucks eligible for retrofits include those with engine model years 2006 and older for diesel oxidation catalysts (DOC) and diesel particulate filters (DPF), and 2009 and older for selective catalytic reduction (SCR) (see Table 1.)

Table 1. Medium and Heavy-Duty Trucks Funding Restrictions

Non-road engines or equipment eligible for retrofits include those that have seven or more years of useful life remaining[footnoteRef:1] and that operate for greater than 500 hours per year. [1: A table distinguishing which non-road engine model years EPA has determined to have at least seven years of useful life remaining, based on the type and age of vehicle, can be found at https://www.epa.gov/sites/production/files/2015-10/documents/fy14-nonroad-remaining-useful-life.pdf]

1.3 Diesel Retrofit Technologies

Diesel retrofit technologies are classified into three Categories (I - III) in this RFR. Each Category reduces PM, CO, and HC emissions from diesel engines by a certain percentage. The products that must be offered under this contract are required to meet all appropriate automotive and equipment manufacturers’ warranty standards and related certifications. Retrofit vendors selected for this contract must demonstrate their exhaust control technologies are on the list of eligible, EPA verified or California Air Resources Board (CARB) verified lists of retrofit technology as part of the Program. To be eligible for this RFR, bidders must provide at least one product and installation service in Category I - III. Vendors responding to this RFR must be capable of providing at least one of the following Categories of retrofit equipment:

· Category I: Diesel Oxidation Catalyst (DOC) – A DOC is an exhaust after-treatment device that employs a catalyst to break down pollutants in the exhaust stream into less harmful components. DOCs can reduce PM emissions by 20 to 90 percent, HC emissions by 40 to 90 percent and CO emissions by at least 20 percent.

· Category II: Diesel Particulate Filter (DPF) – A DPF is an exhaust after-treatment device that uses wallflow technology to prevent PM in the exhaust stream from being released to the atmosphere. Particles are trapped in the filter and then oxidized by high temperatures and/or a catalytic coating on the filter. DPFs can reduce PM, CO, and HC emissions by 90 percent or more.

· Category III: Diesel Selective Catalytic Reduction (SCR) – SCR is an exhaust treatment system which injects urea into the exhaust stream prior to the exhaust passing through a catalytic reduction system which converts nitrogen oxides (NOx) to nitrogen, water and a small amount of carbon dioxide (CO2). SCR systems can reduce NOx by up to 65-90 percent.

1.4 Applicable Procurement Law

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

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

1.5 Number of awards

The MassCleanDiesel Strategic Sourcing Team (SST) intends to award multiple contracts to bidders that (i) can offer retrofit technologies in the above stated descriptions and detailed in each category description in Attachment A, Retrofit Technologies Categories I-III Worksheet, Scope of Services, Product Description & Performance, Warranty, Pricing, & Cost Sheet, that outlines the products and general requirements for bidding on this RFR and includes the cost sheet to be used in the bid application; (ii) can supply these goods and services, preferably, throughout the Commonwealth, and (iii) can offer these goods and services at a price that provides the best value for the Commonwealth.

Awarded bidders on the contract will provide their products and services to applicants of the MassCleanDiesel: Clean Markets Program and the MassCleanDiesel: Clean Municipal Vehicles Program. MassDEP will encourage its grantees to select vendors and products that offer the best value for their fleet. This approach has been developed to ensure that the two MassCleanDiesel Programs proceed in a manner that offers fair prices and services and allows funds to be used to their maximum potential.

1.6 Adding Contractors after initial Contract award

If, over the life of the Contract, the Strategic Sourcing Team (SST) determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

1.7 Eligible Entities

This contract may be utilized by grantees and/or other entities deemed eligible under MassDEP’s diesel control programs. As part of the program, MassDEP will also use the vendors on the contract for the procurement and installation of retrofits.

The Purchasing Department reserves the right to add or remove additional named authorized users during the contract term.

1.8 Acquisition Method(s)

The acquisition method to acquire goods and/or services from this Bid is Outright Purchase. All prices include delivery to installation destinations within the Commonwealth. Users of this contract (i.e., grant award recipients) are required to solicit multiple quotes from awarded vendors.

1.9 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Three years from contract award date

Renewal Options

Three options to renew for two years each

Six years

Total Maximum Contract Duration

Nine years

No goods may be ordered after the Contract has expired.

1.10 Estimated Value of the Contract

The estimated value of purchases resulting from this Bid is in excess of $522,000 for the full contract duration, based upon the availability of funding. The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this bid. Any estimates or past procurement volumes referenced in this bid are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels.

Estimated Procurement Calendar

Bidders’ Conference Webinar Bidders planning to attend the Bidders’ Conference Webinar will need to download the attachment “EQE-900-300A Bidder Pre-Bid Conference webinar login information” at least 1 day before the webinar date.

N/A

Training for Online Submission Vendors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Locate and Respond to Bids in COMMBUYS Link to OSD training courses:

OSD Training Courses

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

DEADLINE FOR RFR RESPONSES

November 16, 2017, 2 p.m.

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.

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

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

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

1.2 1.1 Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Bidders’ Conference Webinar The Bidders’ Conference Webinar is a webinar conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders via webinar or phone. Attendance is optional. Please refer to the COMMBUYS website for any updated information, including the webinar login information, time and date of the Bidders’ Conference Webinar.

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

Bidder Qualifications: In general

Bidders submitting a response to this RFR must include a statement of the RFR services and products that they are qualified to provide, by responding to the requirements set forth in this section of the RFR and also as contained in Attachment A, entitled Retrofit Technologies Categories I-III Worksheet Scope of Services, Product Description & Performance, Warranty, Pricing, & Cost Sheet. Bidders must also demonstrate and affirm in their RFR Response that they have adequate numbers of qualified staff capable of providing quality services effectively and on time. As part of these qualification requirements, all Bidders must demonstrate adequate experience with cost estimating and project scheduling, based upon work performed on prior projects.

In addition to responding to these general qualification specifications, Bidders are also required to comply with the following requirements as part of their RFR submission:

Employee and/or Company training After contract award, all vendor staff working on products and services must be properly trained and authorized. At the discretion of MassDEP, Contractors may be required to submit proof of training for personnel throughout the life of the contract.

Company experience As part of the RFR Response, Bidders must include detailed information regarding the company’s experience servicing commercial and/or government accounts, with a particular focus on providing diesel retrofit technology services and the specific retrofit products required by this RFR, including diesel oxidation catalysts; diesel particulate filters; and selective catalytic reduction equipment. Bidders must also identify and summarize the experience of key management and operations personnel who will be involved in providing the services specified in this solicitation, including pre-installation analysis, installation of retrofit equipment, and equipment maintenance training.

All Bidders must have been in business for at least three (3) years prior to the close date of this solicitation. The SST may consider Bidders that have been in business for less than three (3) years if the key personnel of the company have three (3) or more years of relevant experience as described in the scope of this procurement, per category on which the Bidder is bidding. To qualify for this exception, Bidders must submit key personnel resumes showing relevant business experience. The SST has final authority in determining whether the presented experience is sufficient.

Financial stability including bankruptcy, litigation and contract defaults As part of the RFR Response, Bidders must submit a Document of Tax Compliance (Certificate of Good Standing from the Department of Revenue) to certify compliance with all Commonwealth tax laws, including MGL c. 62C, §49A. More information regarding these Department of Revenue (DOR) documents are posted at http://www.mass.gov/dor . Out of state Bidders must include an analogous document from their state’s department of revenue. In addition, each Bidder shall submit with their Bid response evidence that it has the financial capability, necessary equipment, experience, and capital to furnish the required equipment in the manner prescribed and to perform the required work satisfactorily.

Adverse conditions Litigation, penalties, pending actions, enforcement actions, or bankruptcy: As part of the RFR Response, the Bidder shall submit a description of any and all investigations, indictments or pending litigation by any federal, state or local jurisdiction relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related company.

As part of the RFR Response, the Bidder shall submit a list of all bankruptcy and other similar proceedings within the past five (5) years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

Defaults: As part of the RFR Response, the Bidder shall provide a description, in detail, of any situation in which the Bidder’s firm (either alone or as part of a joint venture), or a subsidiary of the Bidder’s firm, defaulted or was deemed to be in noncompliance of any contractual obligations, explaining the situation, its outcome and all other relevant facts associated with the event described. Bidder must also provide the name, title, email address and telephone number of the principal manager of the Contract user who asserted the event of default or noncompliance.

Other Adverse Situations: As part of the RFR Response, the Bidder shall provide a description of any present facts known to the Bidder that might reasonably be expected to affect adversely either its ability to perform any aspect of the agreement or the viability of any affiliated entity that might reasonably be expected to supply financial support.

If none of the above adverse conditions are applicable to the Bidder’s firm, the Bidder must affirmatively make this statement as part of its RFR Response.

References and reference information and/or requirements As part of the RFR Response, Bidders are required to download from COMMBUYS and complete and submit the COMMBUYS Business Reference Form for three (3) business references, which MassDEP will contact as part of its review of the RFR Response submissions. The SST would like to see references from public entities and or organizations located in the Commonwealth of Massachusetts, if possible.

Commodity Specifications Product Description and Performance Specification - Retrofits As part of the RFR Response, all bidders must state their capability to provide at least one product in Categories I – III as listed below, and in Attachment A. At a minimum, the product supplied must perform at the level specified in the EPA and/or CARB verification letter for the lifetime of the warranty. (See also Attachment A specifications, which are incorporated by reference). In addition, at a minimum, installation shall be performed in accordance with the following:

· Component design and materials shall be compatible with conditions and substances normally encountered in an engine compartment of a heavy-duty diesel engine.

· Components shall be securely installed to prevent dislodging.

· Hoses and wires shall be securely mounted and routed to prevent interference with other vehicle components or from being dislocated.

· All piping, tubing and ducting connections shall be clamped to be secure and leak free. Clamps shall not be torqued excessively such as to cause damage to the interfacing components.

CATEGORY I – Diesel Oxidation Catalysts - Bidders selecting this Category must supply, at a minimum:

· Products that reduce particulate matter by at least 20 percent; and

· All necessary mounting hardware, brackets, piping, insulation and other parts necessary for an installation to meet the emission control manufacturer’s warranty and all requirements of EPA or CARB verification; all such items shall be rust and corrosion resistant.

CATEGORY II – Diesel Particulate Filters - Bidders selecting this Category must supply, at a minimum:

· Products that reduce particulate emissions by at least 85 percent;

· All necessary mounting hardware, brackets, back-pressure monitors, warning devices, piping and insulation and other parts necessary for an installation to meet the emission control manufacturer’s warranty and all requirements of EPA or CARB verification; all such items shall be rust and corrosion resistant; and

· A commitment to perform appropriate engineering analysis, including exhaust temperature data-logging if necessary, prior to specification to ensure that the application meets all verification requirements as described in either the EPA Verification Letter or CARB Executive Order.

CATEGORY III – Selective Catalytic Reduction – Bidders selecting this Category must supply, at a minimum:

· Products that reduce NOx emissions by at least 65 percent;

· All necessary mounting hardware, brackets, piping, insulation and other parts necessary for an installation to meet the emission control manufacturer’s warranty and all requirements of EPA or CARB verification; all such items shall be rust and corrosion resistant.

Products and Technologies All Products proposed by the Bidder as part of the RFR Response must be verified under the US EPA Diesel Retrofit Program Verification Process, https://www.epa.gov/verified-diesel-tech/verified-technologies-list-clean-diesel and/or the California Air Resources Board (CARB) Diesel Emission Control Strategies Verification https://www.arb.ca.gov/diesel/cv.htm/ for the specified application. Bidders must include in their Response such verifications for each product and/or application being offered. It is desirable that such products not require the aid of secondary technologies or products.

· Awarded bidders installing DPFs must conduct pre-installation analysis (including exhaust temperature data-logging, if necessary) with each agency, municipal, town, or private staff or vehicle contractor to ensure that specified equipment meets all requirements of EPA or CARB verification.

· Products, mounting hardware, and related parts must be rust and corrosion resistant.

· Bidders must offer products and/or services (including installation, maintenance, and maintenance training) for at least one product identified in Categories I-III.

· Bidders must provide only current production equipment. No used equipment or discontinued lines are acceptable. Bidders are cautioned that surplus, seconds, factory rejects, closeout or distressed items are not acceptable and, if furnished, will be rejected. The delivery of substandard items may result in a cancellation of the contract in whole or in part with contractor.

Pre-installation All Bidders are required, as a condition of Contract award, to conduct pre-installation analysis (including exhaust temperature data-logging, if necessary) with each agency, municipal, town, or private staff or vehicle contractor to ensure that specified equipment meets all requirements of EPA or CARB verification.

Installation and Maintenance As a condition of Contract award, all bidders must affirm that they will supply and install products in accordance with the following specifications, as applicable:

· It is desirable that bidders install products as close to a vehicle’s engine as feasible.

· It is desirable that bidders offer products (e.g., replacement filters) and services (e.g., DPF cleaning) associated with the proper maintenance of the installed retrofit devices. However, the SST will not provide any funding for on-going maintenance of retrofit devices installed on project vehicles.

· Bidders must agree in the RFR Response that installation of retrofit equipment will be accomplished so as to minimize any modification to original equipment.

· Bidders must also include in their RFR response a description of the installation process and the program of maintenance service available, including the estimated time required for completing such processes. (Such processes shall comply with emission control manufacturer guidelines.)

· Bidders must also expressly state, in the RFR Response, that installation will be accomplished with as little interruption as possible to normal vehicle operations.

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

Warranties and guarantees As part of the RFR Response submission, Bidders must expressly agree to provide a five (5)-year, 100,000 (one hundred thousand)-mile full replacement warranty on the emission control system. All products supplied under this contract must not void any part of the engine warranty and carry the emission control manufacturer’s warranty for performance, service and vehicle liability. All Products provided by the Bidders must comply with all Commonwealth of Massachusetts Motor Vehicle Standards requirements and must meet all safety requirements of the original equipment manufacturer. After Contract award, awarded bidders will be responsible to correct any damage that may occur to engines or equipment that is determined to result from the installation and/or use of their product(s) at no cost to MassDEP or the vehicle/equipment owner. Such action will be conditioned on the vehicle owner properly maintaining the vehicle or equipment, and making repairs in a timely manner. All products and services offered under this contract by the Bidders must comply with the statements and/or policies issued by the EPA and/or CARB. As part of the RFR Response, Bidders must provide documentation of EPA or CARB verification and listing of all engine families included/excluded from the verification.

Pricing In order to provide retrofits for the greatest number of vehicles in the Commonwealth, the SST will competitively review Bidders’ proposals on pricing received for specific products for each of the retrofit technologies in Categories I - III. Bidders must indicate pricing on the Cost Sheet (Attachment A Section 5) for specific products for each product type and broken down into two prices: i) parts; and ii) labor and other related installation fees for each of the following:

· An accurate price for the type of retrofit devices as indicated on the cost sheet in Attachment A Section 5.

· Volume discounts for large orders (as shown on the cost sheet) wherever possible. In an effort to achieve the best value for the Commonwealth, MassDEP reserves the right to renegotiate the reimbursement price quotes at a later date during the life of this contract. Any hidden or additional costs will not be permitted under this pricing structure.

Category I: Diesel Oxidation Catalyst (DOC) – Proposed price quotes for DOC must include:

· DOC and installation, including all mounting brackets and parts Category II: Diesel Particulate Filter (DPF) – Proposed price quotes for DPF must include:

· DPF and installation, including all mounting brackets and parts

· Back-pressure monitoring kit and installation Category III: Selective Catalytic Reduction (SCR) -

· SCR and installation, including all mounting brackets and parts

Pricing for retrofits for the MassCleanDiesel programs shall be independently priced and determined on a case-by-case basis between the customer and the awarded bidder at the time of purchase and must be offered at a price that provides best value for the Commonwealth. Such pricing should be in line with the general cost sheet values provided by the Bidders in response to this RFR.

Contract Flexibility After Contract award, MassDEP reserves the right to require that any Bidder add products and/or services, as those products and services become available during the contract term, to meet the needs of their customers and the goals of the MassCleanDiesel Program. MassDEP may also re-open this RFR in part or in its entirety upon the determination that additional Contractors may be needed to provide products and services as specified in the RFR to customers.

Delivery All prices submitted by the Bidders in the Cost Lists must include transportation, delivery and all other charges prepaid by the awarded bidder. Failure to deliver on time may be grounds for cancellation of the order. Consistent untimely delivery may be grounds for termination of the contract.

Account Manager As part of the RFR Response, Bidders must provide the name of at least one individual who will serve as the Account Manager for the contract term. Bidders shall provide a telephone number (preferably toll-free), email address and other contact information for this individual for use by the SST and/or vehicle owners and make him/her available Monday through Friday during the hours of 8:30 a.m. – 5:00 p.m. The Account Manager will be responsible for, without limitation, the oversight and management of the Vendor’s Performance as well as the following:

· Acting as the contact person for communications between MassDEP and the Bidder;

· Operating and administering the contract award;

· Responding in a timely manner to information requests, and other issues from the eligible purchasing entities and/or MassDEP; and

· Preparing reports as required in this RFR.

MassDEP’s Program Administrator will monitor the performance of the vendor (including the Account Manager) on this contract on an on-going basis.

Disposal services, ability to be recycled and end of life requirements Awarded bidders must agree that throughout the life of the contract, they will properly dispose and/or recycle waste materials in conformance with the laws and regulations of the Commonwealth. At the request of MassDEP, bidders must provide evidence that proper disposal and recycling measures and initiatives are already in place within their operations.

Statement of Work (SOW) requirements After award to Contractors through this solicitation, the type of services, equipment, and scope of work will be generated on a case by case basis. It is a requirement that the Contractors must execute a sub-agreement, termed a Statement of Work (SOW), with the contract user before any work begins. The SOW shall include, but not be limited to:

· Material costs

· Ancillary costs

· Project dates

· Scheduled payments Responsibilities of the user After award of vendors through this solicitation, Contract users will make a final vendor selection based on a Best Value determination. Once a Contractor is selected, Contract user and Contractor will execute a SOW.

Responsibilities of the Contractor After Contract award, all Contractors must respond to all quote requests with an estimate or rejection. Contractor and Contract user must sign the SOW before work can proceed. Changes to the SOW should be minimal; if changes/modifications are required, Contractor must discuss changes with Contract User and agree in writing to the changes.

Environmental Specifications

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

http://www.mass.gov/courts/docs/lawlib/eo500-599/eo515.pdf

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

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

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

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

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

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

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

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

1. Compensation Structure/Pricing As indicated previously, Bidder must provide Pricing as part of the RFR Response, as indicated on the Cost Sheet (Attachment A, section 5).

Other Terms Reporting.

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

Audit During the term of this Agreement and for a period of six years thereafter, the Massachusetts Department of Environmental Protection, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged the Massachusetts Department of Environmental Protection, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

Evaluation criteria The SST’s selection of Bidders for this contract will be based on the evaluation and scoring of the RFR Responses that provide “best value” to the Commonwealth. Bidders’ proposals will be competitively evaluated on pricing received for each of the technologies in Categories I-III, as well as upon the other evaluation criteria set forth in this section. Bidders must meet all mandatory requirements set forth in the RFR, including all Appendices and Attachment A. The SST reserves the right to request clarification of responses following bid submission. The SST’s final scores of Bidders’ RFR Responses will be used to rank Bidders and will determine which Bidders will proceed to enter into negotiations with the Commonwealth to receive a Contract award.

NOTE: Initial Screening: RFR Responses received by MassDEP within the date and time deadlines set forth in the Estimated Procurement Calendar will be screened for compliance with completeness and responsiveness to the requirements provided in this RFR. MassDEP will use the COMMBUYS date and time as the official time to determine if each Bidder’s RFR Response was submitted to COMMBUYS by the posted deadline. MassDEP may disqualify any responses that it determines, in its sole discretion, to be late, incomplete or non-responsive to the RFR requirements. Following this initial screening, the SST will review the non-disqualified RFR Responses in accordance with the following general process.

Mandatory requirements The SST’s initial review of the Bidders’ RFR Responses will be to ensure that each proposal meets the RFR mandatory specifications, and a failure to meet the mandatory requirements may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the SST. The SST reserves the right, at its discretion, to determine if non-compliance with a mandatory specification is insignificant or can be easily corrected. Bid sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory specification without providing an alternative that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

Emission Reduction Performance Evaluation Criteria:

On a per technology basis, Bidder proposals will be rated based on the net percentage reduction of particulate matter (PM), carbon monoxide (CO), volatile hydrocarbon (HC), and nitrogen oxide (NOx), as applicable. Emission reduction products offered by the contractors through this program must be verified by the United States Environmental Protection Agency (EPA) or the California Air Resources Board (CARB), as applicable.

Cost-Effectiveness Evaluation Criteria:

The review team will evaluate the emission reduction potential of each technology and its cost-effectiveness ($/ton) for PM, CO, HC, and NOx, as applicable.

PRICE (including volume discounts) Bidders should note that price will carry a significant weight in the evaluation process. Proposals will be rated on the overall cost of the proposed technology, including labor and other costs that provide the best value for the Commonwealth. Prompt Pay Discounts will also be evaluated as part of the Price proposal review, and the PPD form must be submitted in electronic form as part of the RFR response (see section 7). Additional points will be given to firms that give volume pricing.

Past Performance Evaluation Criteria:

Bidders that have a positive performance history will be rated more favorably by the SST. A Bidder’s prior business relationship with the Commonwealth will also be considered by the SST, whether offered as a reference or not.

Warranty Evaluation Criteria:

Bidder proposals that offer warranty terms in excess of the RFR’s minimum requirements will be rated more favorably by the SST.

Disadvantaged Business Enterprise Participation (DBE) The United States Environmental Protection Agency (EPA) DBE rule requires the use of MBEs and WBEs for all federally funded procurements. As such all requirements listed in Appendix 5 must be submitted with the bid package.

Equal Employment Opportunity/Affirmative Action Policy Statement The EEO/AA Policy Statement must be submitted with the bid package.

Service Territory Evaluation Criteria (Preferred Specification):

Bidders that offer these goods and services throughout the Commonwealth will be rated more favorably.

Business references Bidders must download the Business Reference Form and complete form for three (3) business references, and submit online as described in Appendix 4. References must demonstrate the bidder’s ability to furnish the products and services as described in this RFR. Bidders will be evaluated on the basis of references and unfavorable references may serve to disqualify a bidder. A bidder’s prior business relationship with the Commonwealth will also be considered, whether offered as a reference or not.

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

Quote Submission Method Online Quote Submission via COMMBUYS is required.

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

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

· Appendix 4, Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

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

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

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

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

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

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

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

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

Quote Contents Bidders must comply with the submission requirements below.

Cover Letter A cover letter where the Bidder expressly agrees to all mandatory requirements of the RFR, signed by an authorized signatory of the bidder firm.

Qualifications/Prior History narrative A narrative describing the Bidder’s past experience, current capabilities.

Services Narrative A services…