DYS 2024-001 RFR.docx
DOCX document 92 KB Posted
- Attached to
- Physical Fitness Equipment
- Solicitation number
- BD-24-1035-DYS01-DYS01-92337
- Issued by
- Hampden County, Massachusetts
About this file
This is a Request for Response (RFR) document issued by the Massachusetts Department of Youth Services (DYS) seeking bids to supply new, institutional/commercial grade physical fitness equipment (aerobic/cardio, strength training, general fitness, and accessories) for purchase, as well as installation, maintenance, repair, and related services. DYS is seeking to establish a contract with up to five contractors for an initial term of 6 years and 8 months, with a 2-year renewal option. Bidders must have at least 5 years of experience selling or servicing the required products and be in good standing with the Commonwealth.
The RFR outlines detailed product and service specifications, including delivery, inspection, warranty, and returns requirements. Pricing is based on a percentage discount from the bidders' published list prices, with allowances for price adjustments. The contract will be open for use by DYS and other Executive Office of Health and Human Services departments. Preference may be given to small businesses with their principal place of business in Massachusetts. The evaluation criteria include experience, product selection, quality, pricing, service capabilities, and other factors.
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| newmass-w9~8.doc | DOC document | |
| DYS 2024-001 Bidder Response Form~1.xlsx | XLSX spreadsheet | |
| CommonwealthTermsAndConditions2019~1.pdf | ||
| EFT_FORM~10.pdf | ||
| eppform~4.docx | DOCX document | |
| StandardContractForm2019.docx | DOCX document | |
| Contractor_Authorized_Signatory_Listing~1.doc | DOC document | |
| StandardContractForm_Instructions2019~2.pdf | ||
| prompt-pay-frm.docx | DOCX document |
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Text version
REQUEST FOR RESPONSE
Physical Fitness Equipment - DYS 2024-001
COMMBUYS BLANKET BID# BD-24-1035-DYS01-DYS01-92337
THE COMMONWEALTH OF MASSACHUSETTS
Executive Office of health and Human Services Department of Youth Services
600 Washington Street, 4th Floor, Boston, MA 02111
Request for Response (RFR)
Document Title: Physical Fitness Equipment
COMMBUYS Blanket Bid #: BD-24-1035-DYS01-DYS01-92337
Agency Document Number: DYS 2024-001
September 20, 2023
Please Note: This RFR document is part of a larger procurement package, the complete version of which can be found on www.COMMBUYS.com. (Formerly known in common parlance as a "Solicitation," the package is referred to in the COMMBUYS system as a "Bid," to which respondents can submit their response, which in COMMBUYS is called a "Quote.") Respondents are responsible for reviewing all documentation and information pertinent to this procurement and for following all instructions and completing all forms as required. Bidders may also contact the OSD Help Desk at OSDHELPDESK@mass.gov or by phone at 1-888-MA-STATE (627-8283). The OSD 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, state and Suffolk county holidays.
September 20, 2023
| Purchasing Department |
| Department of Youth Services |
| Address |
| 600 Washington St., 4th floor |
| City, State, Zip Code |
| Boston, MA 02111 |
| Procurement Contact Person |
| Alan Simons |
| Telephone Numbers |
| 617-319-8324 (phone) / 617-951-2409 (fax) |
| E-Mail Address |
| alan.e.simons@mass.gov |
| RFR Name/Title |
| Physical Fitness Equipment |
| RFR Number |
| DYS 2024-001 |
| COMMBUYS Bid Number |
| Blanket Bid BD-24-1035-DYS01-DYS01-92337 |
| Procurement Category |
| Facility-Related Products and Services |
1. Description or Purpose of Procurement:
The Massachusetts Department of Youth Services (DYS) is soliciting bidders to supply new, high quality, institutional/commercial grade physical fitness equipment (aerobic/cardio, strength training, and general fitness equipment and accessories) for purchase, and to provide installation, maintenance, repair, and related services for such equipment at DYS’ facilities across the Commonwealth.
2. Applicable Procurement Law
| Mark One (“X”): |
| Type of Purchase |
(Executive Branch Goods and Services) Applicable Laws
| Goods and Services |
| MGL c. 7, § 22; c. 30, §§ 51, 52; |
801 CMR 21.00
| |_| |
| Human and Social Services |
| MGL c. 7, §§ 22, 22N; c. 30, §§ 51, 52; |
801 CMR 21.00; 808 CMR 1.00
| |_| |
| Legal Services |
| MGL c. 30, §§ 51, 52, 65; c. 7, § 22; |
801 CMR 21.01(2) (b)
| |_| |
| Grants |
| MGL c. 7A, § 7; St. 1986 c. 206, § 17; |
815 CMR 2.00
3. Acquisition Method:
| Mark All Applicable (“X”): |
| Category |
Fee-For-Service
Outright Purchase
| |_| |
| Rental (not to exceed 6 months) |
| |_| |
| Term Lease |
| |_| |
| Tax Exempt Lease-Purchase (TELP) |
| |_| |
| License |
| |_| |
| Other: |
4. Whether Single or Multiple Contractors are Required for Contract:
| Mark One (“X”): |
| Number of Contractors |
| |_| |
| Single Contractor |
Multiple Contractors
4.1 Estimated Number of Awards
The target number of Contractors is five (5). The intention is to ensure adequate manufacturer and product selection as well as full coverage for each of DYS’ five geographic regions, each of which has its own existing equipment types and its own supply, installation, and maintenance/repair needs. The Strategic Sourcing Services Team within DYS (the SST) may award more or fewer Contracts, if doing so appears to be in the best interests of the Commonwealth.
4.2 Adding Contractors after Initial Contract Award
This Bid is being conducted as an “open enrollment.” If, after the initial bidding period has closed, the SST determines that additional Contractors should be added or substituted due to inadequate product or manufacturer selection, deficiencies in geographic coverage or contractor performance, or other reasons, the Bid may be reopened to accept additional Bid Responses. Alternatively, the SST may draw additional Contractors from qualified companies that responded to the Bid but were not awarded contracts.
5. Entities Eligible to Use the Resulting Contract
| Mark One (“X”): |
| Eligible Entities |
| |_| |
| Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following entities: all departments and divisions within the Executive Office of Health and Human Services. |
Limited User Contract – Restricted to Use by Issuing Entity Only.
6. Expected Duration of Contract (Initial Duration and any Options to Renew):
| Contract Duration |
| Number of Options |
| Number of Years/Months |
Initial Duration
From date of execution through 6/30/29
| Renewal Options |
| One |
| Two years |
Total Maximum Contract Duration
Seven years and eight months
7. Anticipated Expenditures, Funding or Compensation:
The estimated value of this procurement, including all renewal options, is $390,000. This is only an estimate, not a guaranteed volume figure. DYS makes no guarantee that any products or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in the Bid documents are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.
8. Contract Overview:
The purpose of this Request for Response (RFR) is to establish a Contract under which DYS can purchase certain physical fitness products and services, described more specifically below. Bidders who are awarded a contract (Contractors) will be compensated for product sales based on prices established by their Quote, adjusted by any applicable offered discounts. Those awarded a contract for services will be compensated based on their hourly rate. The initial term of the resulting Contract will be from the effective date through June 30, 2029, with a single two-year renewal option. The S3T plans to notify Contractors of its intentions regarding renewal at least forty-five days before the end of the initial term.
9. Bidder Qualifications:
9.1 History and Experience: Bidders must have been in the business of selling or servicing the types of physical fitness products described herein for at least five years, and have substantial knowledge of such products’ design, safe and proper use, performance, fitness benefits, features, and durability. Bidders offering services must be demonstrably competent and dependable in their performance of those services. Bidders should be free of adverse events within the past five years such as bankruptcy or contractual defaults.
9.2 Good Standing: Bidders must be in good standing with the Commonwealth of Massachusetts.
9.3 Insurance: Bidders must be in compliance with applicable state and federal employment laws and regulations, including Worker's Compensation Insurance as required by M.G.L. c. 152. It is desired that the Bidder have, and maintain during the life of the contract, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance written with respect to all coverage for not less than $1,000,000 per occurrence and $1,000,000 aggregate.
10. Product Specifications:
10.1 Product Types and Standards: The equipment purchased under this Contract will be used for cardiovascular/aerobic training, strength training, and general fitness training, and will include the product types listed on Appendix 1, below. Because these products may evolve during the life of the contract, Contractors may be allowed to incorporate new products at times to be determined by the SST. All products must be new, the latest models, institutional/commercial grade, and designed for rugged, heavy use, as they will be used daily by large numbers of people. Product specifications must meet or exceed those generally accepted within the industry for such institutional/commercial grade products, including, without limitation, any applicable American Society for Testing and Materials (ASTM) standards.
10.2 Instruction: Following the delivery and installation of purchased equipment, the seller Contractor shall, at DYS’ request, provide instruction, at no additional cost to DYS, by qualified personnel adequate to ensure that the product can be safely operated and maintained to the full extent of its design capability. DYS will designate those personnel who are to receive such instruction and cooperate with the Contractor to efficiently schedule and facilitate it. This is a basic sales-related service and is required for all Contractors awarded contracts in a product category.
10.3 Inspection and Examination: At DYS’ request, Contractors may be required from time to time to produce product samples for the SST to inspect for quality of construction, design, safety, comfort, and ease of use, such inspection to be conducted at a mutually convenient location.
10.4 Delivery/Shipping: All products are to be shipped F.O.B. destination, freight prepaid. When DYS requests a price quotation, the Contractor will quote both the product cost and any associated freight charges. Once an order is placed, the Contractor will prepay any freight charges and itemize those on its invoice.
10.5 Locations Served: DYS locations are listed on the Bidder Response Form (Services, Options & Locations tab). Bidders who wish to provide delivery service to one location within a region must do so for all locations within that region. Bidders who indicate an ability to deliver to all regions may receive additional points.
10.6 Customer Pick-Up: Bidders are asked to indicate whether they allow customers to pick-up products. Additional points may be given to Bidders who offer pick-up service, particularly if affords a cost saving to DYS.
10.7 Receipt Of Orders: Contractors shall ship products (or make them available for pick-up) within thirty days following receipt of an order or within such other time period as DYS may expressly agree to. If the Contractor anticipates longer lead times due to market or supply chain conditions, it must contact the DYS Contract Manager in advance to discuss the basis for the delay. If the Contractor perceives a discrepancy between the order and the Contract terms, it is the Contractor's obligation to seek clarification from the DYS Contract Manager.
10.8 Delivery Requirements or Restrictions: Contractors must notify DYS reasonably in advance of delivery so that arrangements can be made to receive it. Contractors must adequately familiarize themselves with the delivery location in advance. As the Commonwealth’s juvenile justice agency, DYS has special requirements and restrictions governing the timing and manner of deliveries to its locations. The Contractor must clarify with DYS in advance what requirements or restrictions may apply for a given delivery, and all deliveries must be made in accordance with DYS’ instructions. Any Contractor personnel entering a DYS location for any purpose, including consultation, training, delivery, installation/setup, maintenance or repair, must conduct themselves at all times in an appropriate and professional manner. In some instances, Massachusetts criminal record (CORI) checks of Contractor personnel may be required, and the Contractor agrees to cooperate in the submission of names and dates of birth of any such personnel to enable completion of such checks.
10.9 Installation/Setup Survey Obligations: Contractors offering installation/setup services must, prior to delivery, survey the intended location to ensure that it is feasible and meets the manufacturer's minimum requirements for a safe and workable installation/setup. If the intended location does not meet those requirements, the Contractor and DYS will attempt to find an alternative mutually agreeable on-site location. If none can be found that meets the manufacturer's minimum requirements, DYS will cancel the order with no obligation and the Contractor will cancel the delivery.
10.10 Warranties: Additional points may be given to Bidders who offer extended warranties beyond the manufacturer warranty. During the effective warranty period, the Contractor must resolve any defective product or service issue by making an initial assessment of the problem and then resolving it by the best means, which may include repairing the defective product on-site, removing it to a repair facility, supplying DYS with pre-paid delivery instructions for returning the defective product, or replacing it. If, after three service calls for the same problem, the problem persists, the Contractor shall then replace the product. Any such resolution must be completed within thirty days of the Contractor’s receiving notice of the problem and must be at no cost to DYS. If the resolution causes DYS a loss of use of the product for more than ten calendar days, at DYS’s request the Contractor shall provide equivalent loaner equipment until the purchased product is replaced or returned in satisfactory condition. Return, repair, removal, or replacement of any defective products during the warranty period will be done at the Contractor’s expense. A Contractor may be removed from the Contract for failure to timely repair or replace defective items covered by warranty.
10.11 Substandard/Damaged Goods Return: DYS will not accept goods that are damaged or that fail to meet the required standards and specifications. A contractor delivering such items will have fifteen calendar days in which to have such items removed and replaced at no charge to DYS. Any such items not removed within thirty calendar days will become the property of DYS without cost to DYS.
10.12 General Return/Exchange: Products ordered by DYS will be returnable within thirty calendar days of receipt for any reason and for a full contract price credit without a restocking charge.
11. Services specifications:
11.1 Services - Installation/Setup: Bidders offering installation and setup services must provide documentation that they are both qualified and certified by the manufacturer to perform such services. A copy of the applicable license(s) or certification(s) must be presented to DYS when services are rendered. Bidders acknowledge that the approach used to install any product will be within DYS’s discretion: DYS may contract with an independent installation crew, use in-house labor, or engage a Contractor. Upon request, a Contractor who offers installation/setup services shall perform the installation/setup or, at DYS’ option, guide and assist DYS and its designated installation crew. Additional points may be awarded to Bidders in product categories who also offer installation/setup services. Bidders should be aware that prevailing wage rates may apply.
11.2 Prevailing Wage Rates: In certain instances, installation/setup or other services to be performed by a Contractor may be subject to the Massachusetts Prevailing Wage Law (M.G.L. c. 149, secs. 26-27H), pursuant to which minimum rates are established for given categories of labor. Prevailing wage rate schedules are included as an attachment to the Bid. DYS will determine whether in a given instance such rates will apply; if they do, Contractors are to refer to these schedules when generating a quote for the work in question. (For more information, see the Massachusetts Department of Labor Standards website at https://www.mass.gov/prevailing-wage-program.)
11.3 Services - Maintenance/Repair: Bidders offering maintenance and repair services must provide documentation that they are both qualified and certified by the manufacturer to perform such services. A copy of the applicable license(s) or certification(s) must be presented to DYS when services are rendered. Additional points may be awarded to Bidders in product categories who also offer maintenance and repair services.
11.4 Services - Other: Additional points may be awarded to Bidders who offer other, additional services (e.g., Technical Support, Site Layout & Design, Safety Consultation, Training Demonstrations). Bidders may identify any other related services they offer that are not listed.
12. Pricing:
12.1 Pricing Framework: For products, the Bidder’s quoted price to DYS will be based on two sets of values the Bidder submits in its Bid Response: (i) the List Prices set forth in the manufacturers’ Price Lists (submitted in the form of either product catalogs or standalone price lists) reduced by (ii) the applicable Discounts, expressed in percentages (%), set forth on the Bidder Response Form (Price Terms tab).
12.2 List Prices: The Price Lists submitted by the Bidder shall contain the current published List Prices for all offered products, including any parts and accessories, where applicable, and shall be of one of the following types: (a) Manufacturer's Suggested List Price (MSLP), (b) Manufacturer's Suggested Retail Price (MSRP), (c) Governmental Price List, or (d) Commercial Price List. Price Lists must include the manufacturer’s name, the title or number, and the effective date. List Prices will remain firm for the initial twelve months of the Contract. For subsequent adjustments to List Prices, see section 10.4, below.
12.3 Discounts: The Discounts will represent the percentage discount from List Price that the Bidder is specifically offering to DYS. For each offered product, the Bidder must identify a Discount that corresponds to the published List Price in effect at the time of the bid opening. The Discounts incorporated in the Contract will remain firm for the entire Contract term, including any renewals.
12.4 Price Adjustments: Price increases may be allowed at twelve-month intervals. Prior to the Contract's annual anniversary date, the Contractor may submit a request for price adjustments. The request must be on the Contractor's letterhead and include documentation supporting the requested adjustments, including but not limited to (i) old and new price lists to enable comparison, (ii) identified cost increases and their source, e.g., raw material, freight, fuel, labor, and (iii) copies of business publications, market quotations, or trade journals generally recognized as representative of the trade or industry that indicate market trends for such products. The Contract Manager, in concert with the SST, will decide whether to grant or deny a request for increase based upon the documentation submitted. The Contractor is required to pass along any price reductions immediately. DYS reserves the right to negotiate lower pricing.
12.5 Prompt Payment Discount: The normal payment term for the Commonwealth is net forty-five days. Bidders are encouraged to offer discounts for accelerated payment using the Prompt Payment Discount Form, and additional points may be awarded to those Bidders who do so.
12.6 Volume Discount Pricing: Volume discounts are optional but encouraged. They may be based on a specified dollar amount for either individual purchases or cumulative purchases. Additional points may be awarded to Bidders who offer volume discounts.
12.7 No Minimum Order Requirement: No "minimum order" requirement will be allowed for products ordered under this Contract.
12.8 Tax Exemption: All items purchased under this Contract by DYS, a government entity, are exempt from sales tax. Accordingly, invoices issued under this Contract must exclude sales tax.
12.9 Trade-In: Additional points may be awarded to Bidders who will accept trade-in equipment and agree to negotiate with DYS in good faith at the time of trade-in to establish a credit to DYS for the equipment’s discounted value.
13. Additional Specifications: The specifications contained in Appendix 2 are incorporated in this Bid and in any resulting Contract.
14. Small Business Purchasing Program
14.1 Program Background
The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.
14.2 SBPP Award Preference
While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded a contract.
14.3 SBPP Participation Eligibility
To be eligible to participate in this procurement as an SBPP participant, an entity must meet all of the following criteria, and be marked as an SBPP-registered business in COMMBUYS:
1. Have its principal place of business in the Commonwealth of Massachusetts.
2. Been in business for at least one year.
3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter.
4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.
Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.
14.4 SBPP Compliance Requirements
It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP Webpage.
14.5 Program Resources and Assistance
Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.
15. Evaluation Criteria Quotes must meet all submission requirements of the Bid to be assured of being evaluated, scored and ranked by the SST according to the evaluation criteria. Any response that fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the SST, at its discretion, determines that the non-compliance is insubstantial and may be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the response. The SST may request additional information for evaluation purposes.
Bidders will be evaluated based upon the following criteria:
· Relevant experience and qualifications, and quality and number of business references[footnoteRef:1] [1: An unfavorable review may cause a loss of points or even disqualification. If a Bidder has done business with the Commonwealth, its past performance may be considered, whether offered as a reference or not.
· Manufacturer and product selection (extra points for greater selection)
· Product quality and design capability (performance, features, durability, ergonomics, aesthetics)
· Percentage discount from published list price
· Overall pricing of products (based on defined basket of standard fitness machine types)
· Ability to reliably and competently serve needed locations for installation, maintenance and repair service (extra points for being able to service all locations)
· Pricing of installation, maintenance and repairs (hourly rate and any other service call charges).
16. Instructions for Submission of Quotes - COMMBUYS/Creation of Quote Only electronic Quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” function in COMMBUYS. For a list and description of the documents that must be completed, attached and submitted as part of the Quote, see section 15, below. For instructions on how to submit a Quote in COMMBUYS, please see Appendix 3. (In order to submit a Quote, Bidders must first register in COMMBUYS. For instructions on how to register, see Appendix 4.)
17. Required Forms for Bid Responses (Quotes) Quotes responding to this Bid must include the following as attachments: (i) Bidder Response Form, (ii) Prompt Pay Discount Form, (iii) Environmentally Preferable Products Form, and (iv) Corporate Certificate of Good Standing. Bidders offering products must include (v) Price Lists and (vi) Product Information. Bidders offering services must include (vii) Service Certification/License. (For the separate list of documents that Bidders who are awarded a contract will be required to complete and execute post-award, see section 13, below.) The three forms can be found on the Attachments tab of the Bid that is posted on www.COMMBUYS.com. The Bidder Response Form is in spreadsheet format, so is best completed with a computer spreadsheet application. The other two forms can be completed by hand or with word processing software. Once the forms are completed, they must be saved or scanned, then uploaded as attachments to the Quote and submitted electronically.
The Corporate Certificate of Good Standing may be obtained online (see section 17.d., below). The Price Lists/Catalogs (see section 17.e., below), and Other Product Information should be in electronic form. As with the forms, these files must be uploaded as attachments to the Quote and submitted electronically. If Bidders wish to recommend using alternative forms of these files for the sake of convenience or efficiency, they should use the Q&A function to propose that and the SST will consider their proposal.
A detailed description of the documents to be submitted as attachments to the Quote follows.
a. Bidder Response Form:
1) General Information (tab 1) - The Bidder must provide identifying and contact information.
2) Qualifications (tab 2) - The Bidder must disclose its years of experience in the physical fitness equipment business, and any events of bankruptcy, receivership, termination of contract for deficient performance, and lawsuits for breach of contract. The nature, severity, and recency of any such events will be considered in DYS’ evaluation of the Bidder’s Quote. Insurance coverage must be disclosed.
3) References (tab 3) - The Bidder must identify three (3) clients or customers, whom the Bidder provided goods or services to within the preceding three years as references. References must substantiate the Bidder’s ability to provide the products and perform the services called for herein. DYS reserves the right to contact references, to verify information, and to investigate the Bidder's ability to perform under any resulting contract.
4) Services, Options & Locations (tab 4) - Bidders must indicate the specific services and options they offer and the specific regions in which they will provide those services and options. Bidders who offer installation/setup services or maintenance and repair services shall use the space provided to identify by manufacturer and product type the products they agree to service. Bidders shall describe the terms of any offered options such as customer pick-up, volume discounts or trade-ins.
5) Price Terms (tab 5) - Bidders offering services (installation, maintenance and repairs, or other services) must set forth their current hourly rates for such services. Bidders offering products for sale are afforded a dropdown list of product types to assist them in generating their list of offered products. For each product, Bidders are to enter their percentage (%) Discount off of List Price. So that Discounts may be properly correlated with corresponding List Prices, each Price List/Catalog must be identified on this tab by its date and identification number or title. Bidders shall use the spaces provided (i) to indicate where in their Bid Response product specifications are located and (ii) to describe the terms of all manufacturer and Bidder warranties, including their effective time periods.
b. Prompt Pay Discount Form: The Bidder is not required to offer a discount for prompt payment, but if it does not it must state in writing why one cannot be offered. Offering such a discount is often in the Contractor’s interest, as it can then receive payment more quickly than the standard forty-five days from invoice.
c. Environmentally Preferable Products Form: Products and services purchased by state agencies must comply with Executive Order 515, issued October 27, 2009, under which Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. OSD’s EPP Procurement Program, at www.mass.gov/epp.operations, can provide more information. Preference will be given to the Bidders that use Biodegradable/ Compostable products, recycled content paper goods, or incorporate other environmentally preferable products or practices in their business.
d. Corporate Certificate of Good Standing: The Bidder must certify that pursuant to M.G.L. c. 156B it has filed all required certificates and reports with the Secretary of the Commonwealth and the Office of the Attorney General. To meet this requirement the Bidder must request from the Secretary of the Commonwealth a certificate of good standing and submit the certificate with its Bid Response. See https://corp.sec.state.ma.us/CorpWeb/Certificates/CertificateOrderForm.aspx
e. Price Lists: The Bidder must attach to its Bid Response one complete, current Price List for each manufacturer, distributor, or supplier whose products the Bidder is offering to DYS. The Price Lists shall contain the current published List Prices for all offered products, including any parts and accessories, where applicable, and shall be of one of the following types: (a) Manufacturer's Suggested List Price (MSLP), (b) Manufacturer's Suggested Retail Price (MSRP), (c) Governmental Price List, or (d) Commercial Price List. Each such Price List must be identified by effective date and identification number or title. Price Lists may be in the form of a Product Catalog but need not be.
f. Other Product Information: The Bidder must provide specifications for each product offered and is encouraged to submit descriptions, images, and related product information likely to assist users in understanding the product’s design, function, proper and safe operation, features, fitness benefits, and predicted maintenance needs.
g. Service Certification/License: The Bidder must submit documentation that its personnel are both qualified and approved by the manufacturer by license or certification to perform installation/ setup, maintenance and repair, or other offered services.
18. Estimated Procurement Calendar
| Procurement Activity |
| Date |
| Time |
| Bid Release Date |
| September 20, 2023 |
| 5:00 PM EST |
Deadline to Submit Written Questions (must be done online via COMMBUYS “Bid Q&A” tab)
| October 4, 2023 |
| 4:00 PM EST |
| Posting of Official Answers to Online Questions (Estimated Date) |
| October 6, 2023 |
| 4:00 PM EST |
Deadline for Bid Amendments (Bid documents will not be amended after this date)
| October 6, 2023 |
| 4:00 PM EST |
Deadline to Submit Quotes (Responses to the Bid) (called “Bid Opening Date/Time” in COMMBUYS)
| October 25, 2023 |
| 4:00 PM EST |
| Completion of Follow-up Questions, Bidder Answers and Bidder Interviews (if necessary) |
| November 9, 2023 |
| 4:00 PM EST |
| Notification of Apparent Successful Bidders (Estimated Date) |
| November 14, 2023 |
| 4:00 PM EST |
| Estimated Contract Start Date |
| November 21, 2023 |
It is each Bidder’s responsibility to monitor COMMBUYS for any changes to this procurement calendar.
18.1 Site Inspection
There is no plan for a site inspection. Bidders who have questions about the locations where deliveries or service calls are to be made may pose them using the COMMBUYS Q&A function.
18.2 Written Questions (Submit Online); Posting of Answers
Bidders who wish to pose written questions concerning this Bid must do so through COMMBUYS, by opening the Bid and selecting the “Bid Q&A” tab. This must be done no later than the date and time of the “Deadline to Submit Written Questions” shown in the Estimated Procurement Calendar (above). The Purchasing Department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify DYS’ receipt of questions. Answers to online questions will be posted (on the same "Bid Q&A Tab") on or about the date for “Posting of Official Answers to Online Questions” shown in the Estimated Procurement Calendar.
18.3 Bid Amendment Deadline
DYS 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. DYS and the Commonwealth accept 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.
18.4 Quote Deadline ("Bid Opening Date/Time")
Quotes (Bid Responses) must be submitted by the Deadline shown in the Estimated Procurement Calendar (above), which in COMMBUYS is known as the “Bid Opening Date/Time.”
18.5 Notification of Contract Award
This is the date by which it is estimated that DYS will provide notification of its contract award.
18.6 Estimated Contract Start Date
This is the approximate start date. The actual start date will be the contract effective date, which is the date on which the contract is executed by the parties.
18.7 CommBuys Readiness
It is the responsibility of the prospective Bidder (and any awarded Contractor) to maintain an active registration in COMMBUYS, to keep current the email address of the Bidder’s contact person (and contract manager, if awarded a contract), and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. DYS and the Commonwealth assume no responsibility if a prospective Bidder’s (or awarded Contractor’s) designated email address is not current, or if technical problems, including those with the prospective Bidder’s (or awarded Contractor’s) computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder (or awarded Contractor) and DYS to be lost or rejected by any means including email or spam filtering.
19. Required Forms following Contract Award Bidders who are awarded a contract will be sent the following six (6) forms, which they must then complete, sign, and submit, on paper with original ink, subject to the exceptions set forth below. The forms are available to be viewed (in blank), as they are attached as part of the COMMBUYS Bid record. If a Bidder awarded a contract has already executed and filed the Commonwealth Terms & Conditions, it need not be resubmitted. If the Bidder has already executed and filed the Request for Taxpayer ID Number & Certification (MA Substitute W-9 Form), or the EFT Authorization form, and none of the information contained in those forms has changed, those documents need not be resubmitted.
Mark (“X”) if applicable
| Form/Document |
| Notes/Instructions |
| Standard Contract Form |
| Wet Ink Signature Required |
| Standard Contract Form Instructions & Certifications |
| Wet Ink Signature Required |
| Commonwealth Terms & Conditions |
| Wet Ink Signature Required |
| Contractor Authorized Signatory Listing |
| Wet Ink Signature Required |
| Request for Taxpayer ID Number & Certification (Massachusetts Substitute W-9 Form) |
| Wet Ink Signature Required |
| Authorization for Electronic Funds Transfer (EFT) |
| Wet Ink Signature Required |
20. RFR Appendices Appendix 1 - List of Product Types Appendix 2 - Required Specifications https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services Appendix 3 - COMMBUYS Electronic Quote Submission Instructions https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids Appendix 4 - COMMBUYS Registration Instructions https://www.mass.gov/how-to/commbuys-vendor-registration
APPENDIX 1 – List of Product Types
| Aerobic/Cardio Training |
| Strength Training |
| General Fitness |
| 1. Treadmills |
| 1. Weight/Resistance Machines |
| 1. Boxing Gloves |
| 2. Stair Climbers |
| 2. Dip Bars / Parallel Bars / Pull-up Bars |
| 2. Punching Bags |
| 3. Stationary Bicycles |
| 3. Weight Benches or Racks |
| 3. Heavy Bags |
| 4. Rowers |
| 4. Resistance Bands |
| 4. Mats |
| 5. Step Aerobic Machines |
| 5. Pushup Challenge Boards |
| 5. Medicine Balls |
6. Cross/Elliptical Trainers
7. Jump Ropes
RFR Template Updated: April 2, 2014
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File details come from the government source that posted it. Updated .