EODEquipmentRFR_Final.doc

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COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF FIRE SERVICES

1 STATE ROAD

PO BOX 1025

STOW, MA 01775-1025

REQUEST FOR RESPONSE (RFR)

Explosive Ordnance Disposal Equipment, Products, Product Support and Training

#DFS-EOD-2021

Initial Responses due by:

May 18, 2021

TIME

3:00 pm Future Responses can be submitted until:

April 1, 2027

TIME

3:00 pm RFR Contact:

Julie Walrath

Phone:

978-567-3131 Fax:

978-567-3144

E-mail:

Julie.Walrath@mass.gov Issue date:

April 1, 2021 To:

Potential Bidders

From:

Julie Walrath Subject:

RFR for Explosive Ordnance Disposal Equipment, Products, Product Support and

Training

#DFS-EOD-2021

Date:

April, 1, 2021 The Department of Fire Services would like to invite you to submit a quote for the attached proposal. All Bidders must register in CommBuys as a vendor and all bids must be submitted through the CommBuys system only.

The bidder may not alter the RFR or its components except for those portions intended to collect the bidder’s response (Cost pages, etc.) Modifications to the body of this RFR, specifications, terms and conditions, Commonwealth of Massachusetts Standard Contract, which change the intent of this RFR, are prohibited. Any modifications other than where the bidder is prompted for a response will disqualify the bid.

Please include all charges that are associated with this service in your proposal.

Initial RFR Deadline:

May 18, 2021 at 3:00 pm Future Responses Deadline:

April 1, 2027 at 3:00 pm Thank you.

DEPARTMENT OF FIRE SERVICES

REQUEST FOR RESPONSE (RFR)

Explosive Ordnance Disposal Equipment, Products, Product Support and Training

#DFS-EOD-2021

SECTION 1: DESCRIPTION OF PROCUREMENT

The purpose of this RFR is to purchase robots, x-ray equipment, PPE, Diagnostic Equipment, Explosives, render safe tools, drones, communication equipment, blast containment equipment, IED training equipment, parts and accessories for several brands of explosive ordnance detection and mitigation equipment. This RFR will include all equipment and products related to the detection and mitigation of explosive devices along with all other related equipment, render safe tools and accessories. The RFR will also cover any service, maintenance, repairs, upgrades and product support for all items which fall under all categories covered by this contract. The RFR will also include any skills training necessary for the use of products and equipment covered under this RFR.

SECTION 2: ACQUISITION METHOD

__X__ Fee for Service

__X__ Outright Purchase

SECTION 3: REQUEST FOR SINGLE OR MULTIPLE VENDORS

__X __ Multiple Vendors

Section 3.1: Rolling Enrollment After the initial selection process under this RFR, the Department of Fire Services (DFS) may request that additional vendors submit responses in accordance with rolling enrollment at any time during the contract period. Responses will be reviewed at the discretion of the DFS, and additional vendors may be added to the qualified list at anytime during the period of the contract upon completion of the qualification process outlined in the RFR. However, all contracts will expire simultaneously.

SECTION 4: ELIGIBLE USERS

__X_ This contract is restricted for use by the Department of Fire Services and any other Agency under the Executive Office of Public Safety and Security (EOPSS).

SECTION 5: DURATION OF CONTRACT

The initial term of any contract(s) resulting from this RFR will be for two (2) years from effective date of contract. The Department of Fire Services and the vendor (s) may, by mutual agreement, renew the contract up to two (2) times. Each renewal period will be for two (2) years. The total maximum contract term is six (6) years.

SECTION 6: ANTICIPATED EXPENDITURES AND COMPENSATION STRUCTURES

Section 6.1: Anticipated Expenditure The value of this contract will be approximately $500,000 per year for a possible maximum total of $3,000,000 over the life of the contract. Amounts indicated are only estimates. Contract amounts during the period of any contract are subject to a selected Bidder's response, and may increase or decrease, based upon contract negotiation, performance selected, appropriation or availability of funds.

The Department of Fire Services makes no guarantee of purchase as a result of this contract. All purchases will be on an as needed basis. DFS will provide a unique purchase order for each order and will not honor any orders placed without a valid purchase order.

*There is a possibility that Federal funds (acquired through grant applications) may be used for this purchase, and that they may also be used for purchases during the renewal periods. The use of federal funds for purchases will be determined at the time of acquisition.

Section 6.2: Compensation Structures The contract will have multiple pricing structures which shall be firm for the initial contract period and for each subsequent contract term.

· Equipment/Parts/Accessories/Tools will be a unit based rate structure with a percentage discount off the lowest current manufacturers’ published list price. Prices are F.O.B. to any Department of Fire Services location (or other eligible state agency locations that may utilize this contract), with all freight, delivery and destination charges paid by the bidder. Shipping charges, restocking fees and cancellation charges are not allowed. The only exception where shipping will be allowed is in case of an emergency order or a request from DFS for rush shipping. A written quote shall be provided prior to purchase if requested. A Purchase Order is required prior to any products being shipped or picked up. Pre-payments prior to delivery are not allowed. The invoice shall include but not be limited to the date of delivery, DFS purchase order number, list of all parts or equipment purchased, pricing and invoice number.

· Repairs/service will be based on an hourly rate OR a flat rate fee based on a price quote submitted by the vendor at time of need. DFS will determine the compensation structure based on the type of repair/service needed and the type of equipment being serviced. Any charges in addition to the hourly rate must be identified on Attachment A or they will not be allowed. Quotes based on an hourly rate must be broken down into time and materials. Purchase orders shall be issued and approved prior to any work being done. The purchase order shall include estimated itemized costs for both parts and labor for completion of the work, if repair is based on an hourly rate. The invoice shall include but not be limited to the date of service, DFS purchase order number, list of all services provided, pricing and invoice number.

· Upgrades and training will be a unit based rate structure OR a flat rate fee. DFS will determine the compensation structure based on the type of need. A written quote shall be provided upon request. A Purchase Order is required.

· Skills training will be a unit based rate structure OR a flat rate fee. DFS will determine the compensation structure based on the type of training session needed. In most cases this will be a per person charge per training session. A written quote shall be provided upon request. A Purchase Order is required.

Section 6.3: Contract Extensions and/or Price Increase Prior to the expiration of the initial or subsequent contract periods the Department of Fire Services will notify the vendor in writing of its desire to extend the contract. Upon exercising an option to renew, the vendor may propose a price increase. DFS reserves the right to request additional information on the proposed price increase and may approve, decline or further negotiate the proposed price increase. Price increase requests MUST be submitted on the vendor’s letterhead at the time of contract renewal and MUST include the following:

· new proposed unit cost;

· reason for the requested change; and

· documentation supporting the reason for the requested change.

SECTION 7: MA STANDARDIZED CONTRACT SPECIFICATIONS

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Supplier Diversity Program (SDP) Resources:

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

SECTION 8: PERFORMANCE AND CONTRACT SPECIFICATIONS

Section 8.1: Qualifications

· Bids will only be considered from bidders that have a reputation of reliability in the field of Explosive Ordnance Disposal and equipment used in explosive detection and mitigation of explosive devices. Such reputation of reliability will be determined by reference checks. Bidders must list three (3) references in which similar items have been furnished and/or where the bidder has performed similar services. The Department of Fire Services may not be used as a reference.

· Bidder must be able to provide technical support for products purchased. List your hours of availability during normal business hours and emergency off-hours contact information on Attachment A.

· Bidder must be a manufacturer or manufacturer’s authorized distributor for any purchase made under this contract.

· Bidder must be an authorized repair technician for equipment being repaired or serviced.

· Before awarding the bid, DFS reserves the right to require a bidder to submit such evidence of its qualifications, as it may deem necessary. Documentation that may be required would include proof of technical experience (certifications, licenses, etc.) and other qualifications of the bidder.

· Bidder must be in full compliance with all Federal and State licensing and permitting laws at all times throughout the duration of the contract and any extended contracts.

· In a declared state of emergency where the safety and well being of Commonwealth citizens are at risk, vendors may be asked to supply DFS with the commodities and/or services under this contract on a priority basis. The Bidder’s Response should include the following:

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

· List of emergency contact information including name, position/title, phone, email and cell phone.

· A list of the Bidder’s building location(s) that would be available to serve DFS during an emergency Section 8.2: Performance Specifications for Purchases This RFR will cover the purchase of all brands of explosive ordnance detection and mitigation equipment and all products related to the detection and mitigation of explosive devices including, but not limited to:

· Robots

· X-ray Equipment

· Render Safe Tools (i.e. remote firing devices, etc.)

· Bomb Suits (Must meet FBI and HDS criteria)

· Fiber Scopes

· Personal Protection Equipment (PPEs) (i.e. Helmets, Vests, etc.)

· Mineral Water Bottles (MWBs)

· Hydra Jet

· PANS

· Hand Tools

· Night Vision Goggles

· Explosive Identification Equipment

· Miscellaneous parts and accessories

· Other related equipment It is not the intent of this RFR to restrict purchases to items specified on this list and DFS can purchase any items a vendor is able to supply.

Bidders must provide at least one of the following: a catalog and/or website link with a price list or a bidder generated product list of products available. All items contained in a catalog/website list and/or bidder generated product list shall be included as part of this RFR. This is not intended to restrict to catalog items. The Department of Fire Services can purchase any item the vendor can provide under this RFR. Bidders will provide on Attachment A, a percentage discount off the current manufacturer’s list price for all products they can supply. The discount should be a minimum discount. Additional discounts may be negotiated between the Department of Fire Services and the vendor for large volume orders or for other purchases where discounts may be appropriate. All pricing will be the lowest offered to any organization within the Commonwealth of Massachusetts. A purchase order will be provided prior to any service or delivery of any products. Shipping, cancellation, restocking, and other miscellaneous fees are not allowed.

Section 8.3: Brand name or equal

Unless otherwise specified in this Solicitation, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Solicitation 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.

Section 8.4: Information Required at Delivery

At the time of delivery Bidder must provide an operational manual on all components purchased and training, if appropriate.

Section 8.5: Product Demonstrations and Sample Products The Department of Fire Services (DFS) may request a demonstration of products by the Bidder or sample products from the Bidder. Bidder’s participation in any demonstration will be at the bidder’s expense. This event will be voluntarily, however, it will provide an excellent opportunity to meet the end users and answer/ask questions of the procurement team. Sample products, if requested, must be provided at the bidder’s expense with a representative to demonstrate (if necessary). At the end of the process, samples will be returned in the same condition they were received, if feasible.

Section 8.6: Return Policy Products must have a 30-day return policy regardless of reason, as long as the product is in its original packaging and not already installed, or damaged due to negligence or maliciousness. Vendor may not charge a restocking fee on returns.

Section 8.7: Performance Specifications for Repairs A sample of the Department of Fire Services’ current equipment/devices are manufactured or distributed by some of the following companies:

· Remote Tech

· I-Robot

· QinetiQ (Foster Miller)

· Allen Vanguard

· Scanx

· Thermo Fisher

· Tactical Electronics

· Ideal Products

· General Dynamics

· Golden Engineering

· QSA Global

· Envision

· Rae Systems

· Viking

· Nitek

· Avon

· Boston Dynamics

· FLIR

· SmartRay Vision

· Nexray

· Federal Resources The RFR will cover any service, maintenance, repairs, upgrades and product support for items which fall under all categories covered by this contract. The RFR will also include any skills training necessary for the use of products and equipment covered under this RFR. All upgrades, service, maintenance and/or repairs will be based on an hourly rate for repairs made on site (at DFS) or at a bidders location OR a flat rate fee based on a quote. The hourly rate for all services will be provided on Attachment A. Flat rate fees will be provided at time of need. All upgrades, service, maintenance and repairs will require a written estimate prior to work being done. It is preferred that quotes include an estimated time frame for the completion of the repair. No travel expenses or mileage charges are allowed unless previously negotiated and approved by DFS. Hourly rate charges begin upon arrival at a DFS facility and end at departure. Vendor must sign-in upon arrival at DFS and sign-out when repair work is completed.

Section 8.8: Shipping Costs for Repairs

For products being shipped to a manufacturer for repairs, all shipping charges and packaging costs will be paid by DFS. The return shipping charges and packaging costs will be paid by the manufacturer. For repairs covered under warranty, all shipping charges and packaging costs will be paid by the manufacturer.

Section 8.9: Loaner Equipment If the time for warranty or service repairs will exceed the specified time for repairs, the vendor shall provide equivalent loaner equipment upon request by the Department of Fire Services. Loaner equipment shall be provided at no cost, including shipment to any DFS location and the return of the loaner equipment to the vendor.

Section 8.10: Training Requirements/Product Support

Any new components purchased that require training shall be done at a mutually agreeable time and location within the Commonwealth of Massachusetts at no cost to the Department of Fire Services. Bidder must submit a detailed listing of all product support that is offered. Product support must include operational and maintenance support, operational and technical support, and defective merchandise return policy.

Skills training not associated with a purchase will be covered under this RFR. Pricing will be a per person charge for a session of training or a flat rate fee based on a quote provided by the vendor. Quotes will be provided upon request by DFS. No travel or mileage charges are allowed for these training sessions unless previously negotiated and approved by DFS. As this type of training is an unknown at this time and at the time of bid submission, pricing may be determined and quoted at time of need.

Section 8.11: Training which Includes a Product Acquisition

If training is arranged, whether by DFS or a vendor, that includes the acquisition of a product as part of the training cost, the product/tool will be provided to the attendees at no further cost.

Section 8.12: Warranty Labor Warranty on Repairs: Any work performed by the vendor shall be covered under warranty by the vendor for a period of time after the work is completed. On the response form (Attachment A); please specify the length of the warranty period for repair work performed under this contract and the length of the warranty on parts or equipment supplied by the vendor.

Product Warranty: Bidder should offer, at a minimum, a twelve-month full warranty on any new components. Any exception to this warranty clause should be noted. Further, any warranty offered above and beyond that previously mentioned should be noted.

Extended Warranty: Bidder shall provide information for any possible extended warranty that may be available for products purchased. Extended warranties will be negotiated at the time of purchase.

Section 8.13: Payments Specifications Proposals requiring any payment prior to delivery will not be acceptable. Invoices shall include but not be limited to the date of service or delivery, the DFS purchase order number, list of all items or service, pricing and invoice number. The Commonwealth of Massachusetts is tax exempt. The exempt number shall be provided once the contract is awarded. Following acceptance of a product(s) or service and receipt of a properly documented invoice, payment shall be made in accordance with the Commonwealth’s payment policy. A copy of this policy can be found at www.mass.gov/osc. Accelerated payments are available by offering a prompt pay discount. EFT payments are mandatory per Section 7. Shipping charges (not related to repairs), restocking fees and cancellation charges are not allowed under this contract.

Section 8.14: Supplier Diversity Commitment:

Massachusetts Executive Order 390 established a policy to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). Massachusetts Executive Order 546 added Service-Disabled Veteran Owned Business Enterprises (SDVOBE) to this policy. As a result, all Bidders are required to commit a Supplier Diversity Plan as part of their response for evaluation.

The Department of Fire Services requires bidders to make a commitment to partner with certified Minority-Owned Businesses (MBE), Women-Owned Businesses (WBE) or Service-Disabled Veteran-Owned Businesses (SDVOBE) in order to be awarded a contract. Bidders must submit a Supplier Diversity Program (SDP) Plan Commitment – SDP Plan Form #1 located under the forms and terms tab of this RFR. Bidders must commit to a percentage of sales derived from this contract to be spent with an SDP partner. The awarded Bidder(s) will be required to submit SDP Plan Form #2 within 30 days of the contract award naming their SDP partner.

Once an SDP Plan is submitted, negotiated and approved, the Department of Fire Services will then monitor the vendor’s performance. A Supplier Diversity Program (SDP) Spending Report, SDP Plan Form #3 will be required to be submitted semi-annually in June and December of each contract year.

It is required that Supplier Diversity Program participation accounts for no less than 10% of the total points in the evaluation.

SECTION 9: INSTRUCTIONS FOR SUBMISSION OF RESPONSES

Section 9.1: 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).

a. 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.

b. COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Quotes:

· An online job aid on How to Create a Quote

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

· Job aid to submit a bid response https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download

c. 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 OSD Help Desk at OSDHelpDesk@mass.gov Telephone: Call the OSD 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.

d. Bid Opening Date/Time

All Bids must be received by the Department of Fire Services 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. DFS 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.

Section 9.2: Bidder Communication Will a Bidders Conference be offered? ___X____ NO ____ YES Will Opportunity for Written Questions be Offered: ______ NO ___X__ YES Questions must be submitted in writing to Julie Walrath, Julie.Walrath@mass.gov. Answers will be posted on Comm-Pass/CommBuys.

Section 9.3: Submission Materials Each bid response shall include all items referenced under the “Specifications” tab on Comm-Pass/CommBuys. Forms under the “Forms and Terms” tab must be submitted per the instructions in Section 12: Required RFR Forms/Attachments Required at time of bid response. Originals will be required. In case of any doubt or difference of opinions as to the items to be furnished herein, the decision of the Department of Fire Services shall be final and binding on both parties.

Section 9.4: Submission Format Initial responses must be submitted by May 18, 2021 @ 3:00 pm. It is the responsibility of the bidder to assure that its proposal is submitted in its entirety prior to the date and time indicated.

All bidders will be required to keep their entire bid response that was uploaded in CommBuys. The awarded bidder(s) must send it with the contract award a complete original signature response package. This will include all documents listed under the Forms & Terms tab and the Specifications tab in CommBuys.

SECTION 10: DEADLINE FOR RESPONSES AND PROCUREMENT CALENDAR

Section 10.1: Deadline Initial responses are due by May 18, 2021 @ 3:00 pm. It shall be the responsibility of the bidder to assure that its proposal is submitted in its entirety prior to the date and time indicated. Future responses may be submitted at any time through April 1, 2027.

Section 10.2: Procurement Calendar

SECTION 11: EVALUATION CRITERIA

Through a point value system, bidder’s submissions will receive points based on the mandatory and desirable requirements stated within the RFR. Final scores will offer the procurement team a basis for issuing this contract.

Bidders are strongly encouraged to review the evaluation scorecard that has been posted with this RFR. The scorecard includes criteria that will be used to screen proposals as eligible or ineligible based on mandatory requirements listed throughout the RFR. Proposals that are deemed ineligible will NOT be presented to the procurement team for further evaluation.

The following criteria will be evaluated for award consideration.

· Price

· Supplier Diversity Program (SDP) – 10% of scoring

· Warranty

· Qualifications

· References

SECTION 12: RFR FORMS/ATTACHMENTS REQUIRED

Each bidder must submit the following original documents with bid response:

· W-9

· Electronic Fund Payment (EFT) Form

· Non-Collusion Certificate Form

· Attachment A – Bidders Response Sheet

· Prompt Pay Discount Form

· Business Reference Form

· Supplier Diversity Plan (SDP) Form #1 Contractor Authorized Signatory Form

· ATTACHMENT A - BIDDERS RESPONSE SHEET

Bidder Information

Name: ______________________________________________________________________

Address: ____________________________________________________________________

Telephone Number: _______________________ Fax Number: _________________________

Contact Person: ____________________________ Bidder Federal ID: __________________

Qualifications

Years in business: __________________

Did you provide 3 references on the Business Reference Form? _____ yes _____ no

Did you provide your SDP Plan Form #1 with required attachments? _____ yes _____ no Did you provide the Prompt Pay Discount Form (PPD)? _____ yes _____ no

Technical Support: Describe staffing times available (e.g. 9am – 5pm EST), response time (e.g. within x hours), and escalation procedures. List companies Emergency off-hour contact information.

Pricing

Did you provide a catalog? _____ yes _____ no

______% discount off catalog pricing

Did you provide a product list? _____ yes _____ no ______ % discount off product list

Website link: ______________________________

______ % discount off website pricing

The hourly rate for diagnosis for repairs: $_______________________ per hour.

The hourly rate for repairs: $___________________ per hour.

Training Charge: $____________ per person (TBD at time of need if an unknown at this time)

Please include any other charges that may apply. (Additional charges not listed here will not be compensated by DFS) ______________________________________________________ Warranty Please provide length of your labor warranty for your repair work: _______________________ and include copies of any standard warranty agreements for service, if any.

Please provide the length of the manufacturer/dealer warranty for products: ________________ Are extended warranties available?

______ yes _______ no Emergency response plans/preparedness In a declared state of emergency where the safety and well being of Commonwealth citizens are at risk, vendors may be asked to supply the Department of Fire Services with the commodities and/or services under this contract on a priority basis. The Bidder’s Response should include the following:

Indicate whether there is a written Continuity of Operations Plan (COOP) and describe how the company will continue to do business in case of an emergency. __________________________ Emergency contact information: (include name, position/title, phone, email and cell phone)

Bidder’s building location(s) that would be available to serve DFS during an emergency: _____

(Authorized Signature)

(Title or Position)

(Printed Name)

(Date)