FAC104 Request For Response Reopening.docx

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FAC104 Reopening Landscaping Products, Parks & Recreation Equipment, Related Products and Services
Solicitation number
BD-18-1080-OSD03-SRC02-20532
Issued by
Massachusetts

About this file

This document is a Request for Response (RFR) issued by the Commonwealth of Massachusetts Operational Services Division for the acquisition of Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Services. The objective is to identify a panel of qualified contractors to provide adequate coverage and choice for these products and services across the state. The RFR covers 14 categories of products and services, including nursery products, turf and landscape products, playground equipment, site furnishings, and parks and recreation installation and maintenance. The RFR has an estimated procurement calendar with key dates such as the bid release date of April 7, 2017, the bid response deadline of May 17, 2017, and an estimated contract start date of July 1, 2017. The anticipated contract duration is 2 years with two 2-year renewal options, for a total maximum contract duration of 6 years. The estimated value of the contract is $8.1 million. The RFR specifies product standards, delivery requirements, training and compliance assistance, and other general performance specifications. Bidders must meet qualifications related to company experience, years in business, financial stability, service capability, and references.

The RFR allows for multiple contractors to be awarded. Bidders may select to serve either single or multiple counties, or offer statewide service, with additional evaluation points given for statewide coverage. Pricing terms include volume purchase discounts and dock delivery discounts. The RFR also includes requirements related to the Supplier Diversity Program, Environmentally Preferable Products and Services, and reporting obligations for awarded contractors.

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How to Create a Quote in COMMBUYS~4.pdf PDF
FAC104 Required Forms Reopening.docx DOCX document
FAC104 Bid Submission Checklist Reopening.docx DOCX document
FAC104 Price Sheet Reopening.xlsx XLSX spreadsheet
FAC104 Bidder Response Form Reopening.docx DOCX document
FAC104 Reopening Guidance Updated 10.13.doc DOC document
FAC104 Original Bid Q and A.xlsx XLSX spreadsheet

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REQUEST FOR RESPONSE

Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service RFR RFR # FAC104 / COMMBUYS Bid# BD-17-1080-OSD03-SRC02-13600

Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service RFR RFR # FAC104 / COMMBUYS Bid# BD-17-1080-OSD03-SRC02-13600

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service

Agency Document Number: FAC104

COMMBUYS Bid#: BD-17-1080-OSD03-SRC02-13600

REOPENING OCTOBER 2017: BD-18-1080-OSD03-SRC02-20532

April 7, 2017 Amended April 12, 2017 – in Red Amended April 18, 2017 – in Red Amended May 15, 2017 – in Red and highlighted in yellow

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

Issuing Entity
Operational Services Division
Address
One Ashburton Place
City, State, Zip Code
Boston, MA 02108
Procurement Contact Person
Katherine Morse
Telephone Number
617-720-3153
E-Mail Address
Katherine.Morse@State.MA.US
Procurement Category
Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service
UNSPSC Codes
Nursery Products (10-15-20)

Turf and Landscape Products (10-15-00) Compost and Mulch (11-12-17) Soil Aggregate Products (11-11-00) Fertilizer, Including Organic (10-17-00) Playground Equipment (49-24-15) Playground Surfaces (49-22-15) Site Furnishings/Amenities (56-10-16) Sport and Fitness Equipment (49-20-00) Outdoor Shelter/Shade Structures (56-10-16) Splash Pads and Water Play (49-24-16) Parks and Recreation Installation and Maintenance (72-14-13) Fencing, Railing, Decking, Partitions and Lockers (56-10-16) Related Specialty EPP Products (49-22-15)

Table of Contents

2Introduction and Bid Overview9
2.1Description or Purpose of Procurement9
2.2Estimated Procurement Calendar9
2.3Submission of Bid Questions11
2.4Locating Bid Q&A11
2.5Bid Amendment Deadline12
2.6Late Bids will not be Considered12
2.7Debriefing12
2.8Applicable Procurement Law:12
2.9Acquisition Method:12
2.10Anticipated Contract Awards:12
2.10.1Estimated Number of Awards13
2.10.2Adding Contractors after initial Contract Award13
2.11Performance and payment time frames which exceed Contract duration13
2.12Entities Eligible to Use the Resulting Contract14
2.13Anticipated Contract Duration:14
2.14Estimated Value of the Contract14
3Procurement Scope and Description15
4Bidder Qualifications15
4.1Company experience15
4.2Years in Business15
4.3Organizational Chart15
4.4Financial stability and disclosures15
4.5Service capability16
4.6References and reference information requirements16
4.6.1Emergency response plans/preparedness16
4.7Insurance16
4.8Letters of Authorization from Manufacturers17
4.9Employee and/or business technical/business experience, certifications, licenses17
5Geographic Service and Delivery Areas17
5.1Adding geographical service and delivery areas to the statewide contract17
6General Product and Performance Specifications17
6.1Product standards17
6.2Returned goods policy18
6.3Warranty18
6.4Delivery specifications18
6.5Training and compliance assistance18
6.6Construction Law compliance19
6.7Prevailing wage19
6.8Take-back and recycling services20
6.9Surcharges/Fees20
7Category Specifications20
7.1Nursery Products20
7.2Turf and Landscape Products21
7.3Compost and Mulch21
7.4Soil Aggregate Products24
7.5Fertilizer, Including Organic24
7.6Playground Equipment25
7.7Playground Surfaces25
7.8Site Furnishings/Amenities26
7.9Sport and Fitness Equipment26
7.10Outdoor Shelters/Shades Structures27
7.11Splash Pads and Water Play27
7.12Parks and Recreation Installation and Maintenance27
7.12.1Permits28
7.13Fencing, Railing, Decking, Partitions and Lockers28
7.14Related Specialty EPP Products29
8Evaluation Criteria29
8.1Mandatory requirements29
8.2Alternatives30
8.3Evaluation Components30
8.4Price30
8.5Supplier Diversity Plan (minimum of 10% weight)30
9Statewide Contract Specifications30
9.1Use of COMMBUYS30
9.2Public Records Law31
9.3Reasonable Accommodation31
9.4Prohibitions31
9.5Non-Collusion31
9.6Minimum Quote Duration31
9.7Ownership of Submitted Quotes32
9.8Multiple Quotes32
9.9Evaluation – Best Value Selection and Negotiation32
10Scope of Goods and Services Authorized32
10.1Services:32
10.2Commodities:32
11Compensation Structure/Pricing33
11.1Volume Purchase Discounts (VPD)33
11.2Dock Delivery Discounts (DDD)33
11.3Cost tables33
11.3.1Commodities33
11.3.2Services34
12Performance Measures34
12.1Response to Request for Quotes from Eligible Entities34
12.2Quality of Service/Products34
12.3Minimum amount of business with this Contract35
12.4Contractual Obligations35
13Contract Management Requirements35
14Catalogs and Ordering of Products and Services36
15Fiscal Terms36
15.1Bill Payment36
15.2Prompt Pay Discount36
15.3Late Payment Fees36
15.4Electronic Funds Transfer (EFT)36
15.5Creditworthiness37
15.6Tax Exemption37
16Supplier Diversity Plan (SDP)37
17Environmentally Preferable Products and Services (EPP)38
17.1Environmental Specifications38
17.2Current Environmentally Preferable Products/Practices Form39
17.3Environmental plan39
18Instructions for Submission of Responses:40
18.1Electronic Signatures40
18.2Ink Signatures40
18.3Limits and Restrictions41
18.3.1File Naming Conventions41
18.3.2File Size Limits42
18.3.3File Format Restrictions42
18.3.4Documents and items that cannot be submitted electronically42
18.4Quotes (Bid Responses) Deadline (Bid Opening Date/Time)42
18.5Estimated Contract Start Date42
19Reporting Requirements for Doing Business after a Contract Has Been Awarded42
19.1Report requirements & due dates42
19.2Statewide Contract Administration Fee43
19.2.1Statewide Contract Administration Fee and Report43
19.2.2Quarterly Fee Payment:43
19.3Quarterly Reporting:44
19.4Audit:45
19.5Other Terms:45
20Required Forms45
21RFR Attachments46
22APPENDIX 1 – Required Terms for all Statewide RFRs47
22.1General Procurement Information47
22.1.1Access to security-sensitive information47
22.1.2Alterations47
22.1.3Bidder’s Contact Information47
22.1.4COMMBUYS Market Center48
22.1.5COMMBUYS Subscription48
22.1.6Quote Content49
22.1.7Costs49
22.1.8Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies49
22.2Terms and Requirements Pertaining to Awarded Statewide Contracts49
22.2.1Contractor’s Contact Information49
22.2.2Contractual Status of Orders and Service Contracts49
22.2.3Emergency Standby Commodities and/or Services50
22.2.4HIPAA: Business Associate Contractual Obligations50
22.2.5Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply50
22.2.6Pricing51
22.2.7Publicity51
22.2.8Statewide Contractor Marketing Requirements51
22.2.9Subcontracting Policies51
22.2.10Transaction Fee51
23APPENDIX 3 Instructions for Execution and Submission of Commonwealth Standard Forms52
23.1Commonwealth Standard Contract Form52
23.2Commonwealth Terms and Conditions52
23.3Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)53
23.4Contractor Authorized Signatory Listing53
23.5Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners54
23.6Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment54
23.7Additional Environmentally Preferable Products / Practices54
23.8Human Trafficking and Forced Labor Prohibition55
23.9Prompt Payment Discount Form55
23.10Business Reference Form55
24APPENDIX 3 Instructions for Contractors Responding to Bids Electronically through COMMBUYS56
24.1Introduction56
25GLOSSARY59

Introduction and Bid Overview Description or Purpose of Procurement The Commonwealth of Massachusetts and the FAC104 Strategic Sourcing Services Team (SSST) are soliciting Bidders for the acquisition of Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Statewide Contract will also be available for use by other eligible entities below in Section 2.12. Each Commonwealth Agency and eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Statewide Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

The SSST objective is to identify a panel of qualified contractors to provide adequate coverage and choice for Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service in addition to many environmentally preferable options by county throughout the Commonwealth. Bidders electing to cover the entire Commonwealth of Massachusetts will receive additional evaluation points.

List of Categories below;

1. Nursery Products

2. Turf and Landscape Products

3. Compost and Mulch

4. Soil Aggregate Products

5. Fertilizer, Including Organic

6. Playground Equipment

7. Playground Surfaces

8. Site Furnishings/Amenities

9. Sport and Fitness Equipment

10. Outdoor Shelter/Shade Structures

11. Splash Pads and Water Play

12. Parks and Recreation Installation and Maintenance

13. Fencing, Railing, Decking, Partitions and Lockers

14. Related Specialty EPP Products Estimated Procurement Calendar See Reopening Guidance document for Estimated Procurement Calendar for the October 2017 Reopening

Action
Date
Announcement of Intent to Procure
3/8/2017
Bid Release Date
4/7/2017
Deadline for submission of written questions through COMMBUYS “Bid Q&A”
4/14/2017 4/18/2017, 12PM EST
Official answers for Bid Q&A published (Estimated)
4/14/2017 4/18/2017

Training for Online Submission Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend trainings.

Additional trainings: http://www.mass.gov/anf/docs/osd/training/Contractor-schedule-winter-2017.pdf Dates and Times Available:

How to Locate and Respond to Bids in COMMBUYS April 25, 2017 10-11AM EST Webinar: Register with link below- How to Locate and Respond to Bids in COMMBUYS In addition to trainings, there is the COMMBUYS Help Desk- COMMBUYS@state.ma.us or call during normal business hours (8am - 5pm ET Monday - Friday) at 1-888-627-8283 or 617-720-3197

Bid Amendment Deadline. Online Quote submission begins. Bid documents will not be amended after this date.
4/14/2017 4/19/2017
Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)
5/10/2017 5/17/2017, 5/25/2017, 3PM EST

*It is important that Contractors who wait to submit until 5/17 5/25 allow adequate time (at least 4-6 hours prior to the “Bid Opening Date/Time” in COMMBUYS is recommended) for the submission process. Once the COMMBUY S clock turns to 3PM EST Bidders will no longer be able to submit a quote as the system shuts down the capability. Quotes that are currently in process cannot be submitted once the COMMBUYS clock turns 3PM EST.

Notification of Apparent Successful Bidder(s) (Estimated)
6/16/2017
Estimated Contract Start Date
7/1/2017

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.

Submission of Bid Questions The “Bid Q&A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Services Team (SSST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q&A page.

Questions submitted to the SSST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SSST reserves the right to edit or delete any inappropriate content.

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

Bidders and awarded Contractors are required to view the COMMBUYS requirements associated with this bid are responsible for compliance with those requirements.

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.

Bid Amendment Deadline The SSST 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 SSST 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.

Late Bids will not be Considered Bid responses must be received in full by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration and deemed as non-responsive. Each offer or must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time (at least 4-6 hours prior to the Bid Closing Date) to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFR. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your quote will not be completed and received by the system.

Debriefing The SSST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the resulting Master Blanket Purchase Order being posted on COMMBUYS. The SSST will provide debriefing guidelines in advance of each debriefing.

Applicable Procurement Law:

Executive Branch Goods and Services
MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00
Construction Materials and Services
MGL c. 149; MGL c. 30 § 39M

Acquisition Method:

The acquisition method(s) to acquire goods and/or services from this Bid are identified below.

Check All Applicable (“X”):
Category
X
Fee-For-Service (Category 12 ONLY)
X
Outright Purchase

Anticipated Contract Awards:

Check One (“X”):

X
Multiple Contractors

Estimated Number of Awards The target number of Contractors is five (5) Contractors per category with adequate coverage across counties; the SSST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory Contractor performance, compliance with reporting requirements, and adequate sales volume; OSD reserves the right to reduce the number of awarded Contractors for the duration of the agreement.

Adding Contractors after initial Contract Award If, over the life of the contract, the SSST determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

The SSST also reserves the right to suspend the review of additional submissions for specific regions or close the Bid for new Quotes entirely if it deems that the number of Contractors awarded at that point adequately meets the needs of eligible entities. If, subsequent to such a decision, the SSST 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.

Performance and payment time frames which exceed Contract duration All term leases, rentals, maintenance or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than three (3) months beyond the final termination date of this Statewide Contract. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired. Any Contractor entering into new engagements with eligible entities after contract expiration will be subject to remedial measures, including but not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD. This section only applies to Category 12.

Entities Eligible to Use the Resulting Contract Statewide Contract – Open for Use by All Eligible Entities. Any Contract(s) resulting from this Bid will be open for use by the following entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories with no prior approval by the State Purchasing Agent; and

10. Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

Anticipated Contract Duration:

Contract Duration
Number of Options
Number of Years/Months

Initial Duration

Two (2) years

Renewal Options
Two(2)
Two (2) years

Total Maximum Contract Duration

Six (6) years

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $8.1M. 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.

The “Estimated Value (US$)” for this Bid was based on the following: This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY 2015 and FY 2016.

Procurement Scope and Description See section 2.1. Contract categories listed below for reference:

1. Nursery Products

2. Turf and Landscape Products

3. Compost and Mulch

4. Soil Aggregate Products

5. Fertilizer, Including Organic

6. Playground Equipment

7. Playground Surfaces

8. Site Furnishings/Amenities

9. Sport and Fitness Equipment

10. Outdoor Shelter/Shade Structures

11. Splash Pads and Water Play

12. Parks and Recreation Installation and Maintenance

13. Fencing, Railing, Decking, Partitions and Lockers

14. Related Specialty EPP Products Bidder Qualifications Company experience The bidder shall submit on the Bidder Response Form a profile of the firm’s operations, including but not limited to the years the bidder has been in business, experience in the category(s) being bid on FAC104 and a description of bidder's current business in Massachusetts for the SSST reference.

Years in Business Bid consideration will only be made to those bidders that have been in business at a minimum of three (3) years.

Organizational Chart Bidders must submit with their bid response an organizational chart identifying key personnel as it relates to the SWC.

Financial stability and disclosures The Bidder must disclose as an attachment a summary of bankruptcy, litigation and/or contract defaults in their Bid Submission on the Bidder Response Form within the last five years. In addition, Bidders must submit a Certificate of Good Standing from the MA Department of Revenue (DOR). If the certificate of Good Standing has not been provided by DOR the bidder will be required to submit a COPY of the confirmation from the DOR that the bidder is pending receipt of the certificate. Information on obtaining a Certificate of Good Standing is found on the DOR website: http://www.mass.gov/dor/businesses/programs-and-services/certificate-of-good-standing.html.

The SSST reserves the right to disqualify Bidders if information provided in response to this section represents excessive risk to the Commonwealth.

The SSST reserves the right to request additional information regarding information submitted.

Service capability Bidders must be capable of supplying all required products in their category and be capable of delivering them statewide or to the entirety of awarded County(s) of the Commonwealth.

References and reference information requirements At a minimum three (3) letters of reference MUST be submitted with bid response from any institutional account, or from the largest customer in MA if available. In addition to the letters of a reference, a reference form must be completed. The “Business Reference Form” is available in the attachment entitled “FAC104 Required Forms” on COMMBUYS. All reference letters and references provided on the Business Reference Form must be within the last 24 months.

Emergency response plans/preparedness In a declared State of Emergency where the safety and wellbeing of Commonwealth citizens are at risk, Bidders may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. The following information must be provided by the Bidder on the Bidder Response Form.

· 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.

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

The above information will not be considered in the evaluation of the Response.

Insurance Bidders must carry Liability (General and Auto), Property, Personal Injury and Worker’s Compensation Insurance. Bidder’s insurance limits must meet at a minimum of $1 million aggregate and $1 million single occurrence for Liability (General and Auto), Property and Personal Injury, and comply with M.G.L 152 for Worker’s Compensation. The SSST reserves the right to request a copy of insurance at any time throughout the life of the contract to check that the awarded contractor is in compliance with this requirement. If the awarded contractor is found to be out of compliance with this requirement, the awarded contractor will be given a warning and given three (3) business days to become compliant or they will be terminated from the contract.

Letters of Authorization from Manufacturers Where applicable, Bidders must be authorized distributors to sell any Manufacturers that they offer under the contract. Bidders must submit a letter(s) of authorization from each Manufacturer listed on the Price Sheet.

Employee and/or business technical/business experience, certifications, licenses Bidders are encouraged to include as attachments any additional company certifications, affiliations and licenses outside of the requirements outlined in Sections 4 6 and 5 7of the RFR.

Geographic Service and Delivery Areas Bidders may select either single or multiple counties or statewide service. Bidders will be awarded for the county(s) in which they have chosen to bid and have achieved evaluation scores that warrant contract award. Bidders are required to service any request they receive from the county in which they are awarded. An Awarded Bidder may be removed from a county if they refuse to service an area on multiple requests. Awarded Bidders may only service counties that they were awarded. It is desirable that bidders offer statewide service and additional evaluation points will be given to those that do.

Please see the county list link for reference.

Adding geographical service and delivery areas to the statewide contract Awarded Bidders may request to offer service to additional counties at any time. All requests will be reviewed by the SSST and will be added at the discretion of the SSST.

General Product and Performance Specifications All sales under this contract must meet the below product and performance specifications. Please see section 5 7 Category Specifications, for the specific mandatory requirements for each category in this Bid.

Product standards All products supplied under these contracts must be commercial grade and meet all federal, state and local standards for quality and all safety requirements. Products not meeting the standards will be deemed unacceptable and returned to the contractor(s) for credit at no charge to the Commonwealth or any Eligible Entity. All products delivered to Eligible Entities will be new and in unopened packaging, or in a condition acceptable to the Eligible Entity. Any products that are found to be contaminated or arrive in a condition unacceptable to the Eligible Entity (e.g. dented, scratched, broken) must be taken back by the Bidder at no charge to the Commonwealth.

Returned goods policy All products must have a return policy regardless of reason, as long as the product is not damaged due to negligence or maliciousness. Contractors may not charge a restocking fee on returns unless this is clearly made apparent to and agreed upon in writing prior to entering into an agreement with the Eligible Entity. All products delivered to ordering facilities will be new and in unopened cases or boxes, or in a condition acceptable to the user/purchaser. Bidders must inform the Eligible Entity in writing what the Return Policy is prior to issuing an order.

Warranty Bidders must offer Eligible Entities warranties on all products sold with the cost of the warranty included in the price. Additional warranty options must be addressed in narrative form to Eligible Entities where requested. Special Warranty issues on products or product lines should be addressed with the Eligible Entity in writing. It is preferred that extended warranty options be offered at no additional charge.

Delivery specifications All orders are Free On Board (FOB) Destination. The Eligible Entity takes delivery of the goods once it arrives at the delivery location specified by the Eligible Entity. Contractors own the products while they are in transit and ownership passes once arriving to the Eligible Entity. Freight charges must be included upfront in order cost as a separate line. Bidders may not charge additional freight, delivery, or fuel surcharges.

All orders will be processed, confirmed and delivered based on agreed upon delivery schedules with the Eligible Entity and Bidder. At a minimum, a Bill of Lading or an equivalent acceptable to the Eligible Entity will be required for each delivery. If an item is out of stock, the bidder must make every effort to supply the ordered item within the original delivery timeframe agreed upon. If such arrangements cannot be made, the bidder must make every effort to have the item delivered as soon as possible. Late deliveries or deliveries that cannot be made within the above guidelines may be canceled at no cost to the Commonwealth.

Delivery of the wrong product or contaminated product to the Eligible Entity’s facility may be grounds for cancellation of the order, removal of the delivered product at the bidder’s expense, cleaning of affected Eligible Entity equipment, and payment of Bidder and/or Eligible Entity costs associated with any resulting spills and/or emergency situations.

Training and compliance assistance Where applicable, the Commonwealth recognizes a wide range of environmental, health issues, safety, etc. associated with some of the products that may be purchased under this contract. Bidders are encouraged to offer educational and training programs. Bidders must provide an overview of training and compliance capabilities on the Bidder Response Form.

For training programs that include dangers of pesticide and related coverage: It is suggested the educational plan offered include an understanding of integrated pest management (IPM) and applicable Massachusetts regulations. Information can be found on the Department of Agricultural Resources' web page at www.mass.gov/agr/pesticides/.

Construction Law compliance Where applicable, work performed under this contract must comply with the Massachusetts construction laws, M.G.L. c. 149 and M.G.L. c. 30 s. 39M. For reference, see: http://www.mass.gov/ig/publications/guides-advisories-other-publications/procurement-charts-november-7-2016.pdf Labor is limited to $50,000 or less under this contract per engagement. This contract allows for construction, reconstruction, alteration, installation, demolition, maintenance or repair services and, if needed, associated materials for parks and recreation equipment. In instances where Statewide Contract FAC104 is used for services in excess of $25,000, MGL c. 149, s. 29 payment bonds are required from the selected Contractor. It is the responsibility of the Eligible Entity to enforce this requirement when soliciting quotes.

Where applicable Contractors will be required to execute statements of work for engagements under this contract that incorporate applicable public construction law requirements including, but not limited to: employment requirements, labor harmony and OSHA training certifications, change orders and adjustments, foreign corporations, payment requirements, weather protection, financial reporting, and auditor’s certification. The SSST reserves the right to amend these specifications at any time based on changes in construction laws and policies. Bidders will be required to comply with such amended specifications.

Construction projects exceeding these limits are not permitted under this contract.

Prevailing wage Where applicable, as a condition of contract award, Bidders must comply with the Prevailing Wage Law, as administered by the Commissioner of Labor and Workforce Development/Division of Occupational Safety (DOS), 399 Washington Street, 5th Floor, Boston MA 02108-5223, (617) 727-3492. All employees of Contractors engaged in construction or other applicable activities must be paid at least these rates for any work performed under a Contract resulting from this RFR when working in a public building or on a public work.

Buyers/Eligible Entities are required to request online prevailing wage rate sheets at http://www.mass.gov/lwd/labor-standards/prevailing-wage-program/ or by calling the Department of Labor Standards at (617) 626-6975. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website at http://www.mass.gov/lwd/labor-standards/ or by calling the DLS Prevailing Wage Program at (617) 626-6953.

Take-back and recycling services It is desirable that all Bidders offer take-back and recycling services for packaging. Please indicate if your company provides this and provide a brief description of the program on the FAC104 Bidder Response Form.

Surcharges/Fees No transportation, commuting, fuel, energy, insurance, meals, lodging, time on landing, incidental fees or any other surcharges will be allowed throughout the duration of the contract(s).

Category Specifications Nursery Products Products in this category include live (plant) stock (shrubs, trees, bushes, ground covers, perennials and annuals, etc.), sod, low water plants, plants native to MA, and related products.

All plant stock quality must be in accordance with the current American Standard for Nursery Stock (ANSI Z60.1) packaged, where applicable, in accordance with the Industry Guide to Marketing Container Plants. Measurement of caliper must be 6” above the finish grade as measured at the digging site at the nursery. All coniferous evergreen trees must be measured by height or spread and shall be non-sheared.

All plants must be true to botanical names and standards of size, culture and quality for the highest grades and standards. Plants must be tagged with the botanical name and SKU when delivered to the site. Plants must be free from disease, injurious insects, mechanical wounds either fresh or healed, broken branches, decay or any other defects. Each plant shall be handled and packaged in the approved manner having to do with quality of soil during transit from nursery and delivery to the Eligible Entity.

Trees must be nursery grown and have survived the last two winters in a climate substantially equal to Massachusetts. Eligible Entities may accept re-wholesaled or pre-dug trees only if in-ground sources cannot be found. Trees must have a single straight leader, not cut back. Trees must have a symmetrical development, strong healthy branches, no included branch attachments starting from approximately 6’, 0” from grade. Below this point, the bark must be clean, not scarred and free from cankers.

Bidders may be asked to supply the tags with a continuous numbering system to log and track trees and plants at no additional charge.

Bidders may not propose and Contractors may not sell any species commonly known as invasive. Invasive plant species in New England can be found at http://www.mass.gov/eea/agencies/agr/farm-products/plants/massachusetts-prohibited-plant-list.html. If Bidders currently use Neonicotinoids, this must be disclosed on the Bidder Response Form and if awarded the Contractor must commit that they will phase out the use of Neonicotinoids within a year of contract inception for sales under FAC104. The plan to phase out Neonicotinoids must be provided on the Bidder Response Form. If awarded, the SSST will follow up with Bidders who disclosed that that they currently use Neonicotinoids at the end of the first contract year cycle. If Neonicotinoids have not been entirely phased out after the initial year of the contract, the Bidder will be terminated from this category. Bidders are encouraged to provide Pollinator Friendly plants/products.

It is desirable that Bidders provide soil testing services (whether through their own lab or subcontracting). Soil tests requested will be at the Bidder’s expense if the soil they provide is of suspect quality and below standards.

Turf and Landscape Products Products in this category include seed, sod, pesticide and related products including contractor and arborist tools and supplies, irrigation and water management supplies, landscape lighting, decorative stone, etc.

Pesticides used for outdoor management of insects, weeds, and fungal diseases in turf, shade trees, ornamental plants, and other outdoor sites must comply with the following requirements at all times:

· Restrict the sale of pesticides to only those that are actively registered for sale and use in the Commonwealth of Massachusetts by the Massachusetts Pesticide Board Subcommittee; and

· Restrict the sale of pesticides only to those individuals who are properly licensed or certified by the Massachusetts Department of Agricultural Resources.

It is desirable that Bidders provide soil testing services (whether through their own lab or subcontracting), and that bidders identify environmentally preferable practices, such as green lawns and Integrated Pest Management practices, which minimize or eliminate the use of pesticides.. Soil tests requested will be at the Contractor’s expense if the soil they provide is of suspect quality and below standards.

Compost and Mulch Products in this category include compost and compost-manufactured loam (CML) for agricultural, landscaping, erosion control, and other appropriate applications. Bidders may submit responses for any of the compost subcategories as described below as long as proposed compost meets all specifications.

All compost must be dark brown to black, and loose and friable. Compost may not include any chromated copper arsenate (CCA) pressure treated wood products, produce dust, contain more than 1% dry weight of debris (e.g. metal, glass) or contain visible free water. All sludge or biosolid containing products must meet Massachusetts 310 CMR 32.00 criteria for Type I sludge and bidders must submit a copy of the Massachusetts DEP (MassDEP) approval (permit code BRP WP29, applications found at http://www.mass.gov/dep ). If solid waste materials are incorporated into compost, a beneficial use determination from MassDEP may be required before the product can be sold. Bidders must submit a copy of MassDEP approval. Information on requirements can be found at http://www.mass.gov/dep .

Compost Subcategories:

1. Compost for General Use

2. Compost-Manufactured/Amended Loam (CML)

3. Compost for Horticultural Mulch

4. Compost as Erosion Control Mulch (compost blankets)

5. Compost as Erosion Control Filter Berm

6. Compost as Landfill Cap or Cover Material Compost materials in Subcategories 1-5 must meet all appropriate specifications detailed in the Mandatory Compost Specifications chart below. Each compost and CML batch must be tested prior to sale. Testing costs must be borne by the Contractor. Upon request, results of such testing must be provided to the Eligible Entity. Materials must be re-tested if any significant change occurred which might alter the product’s composition/performance. All tests must provide information on the following characteristics: Organic matter percentage; Moisture content; Particle size; Soluble salts; Stability must be assessed by either a CO2 evolution test or a reheating test (For the CO2 test, the compost respiration must be no more than 5 mg CO2-C/gBVS per day, for reheating, using the Dewar Self-Heating Test, the maximum heat rise must be no greater than the limit outlined for each application Section 2); pH; Carbon to nitrogen ratio; Available nitrogen; Phosphorous, potassium, calcium, and magnesium content; Toxic Contaminant Leaching Procedure results for lead, cadmium, and chromium.

The address and telephone number of the testing facility used must be supplied to Eligible Entities upon request.

Compost used for erosion control (Subcategories 4 & 5) is a temporary measure that provides protection to exposed soils during construction or over winter months. The Massachusetts Erosion and Sediment Control Guidelines (see http://www.mass.gov/dep/water/esfull.pdf ) provide guidance for use of mulch and compost for erosion control. See special requirements found below.

When compost blankets or berms are proposed to be used in wetland resource areas (including 200-foot Riverfront Area) and associated 100-foot buffer zones, authorization is required pursuant to the Massachusetts Wetlands Act, MGL Chapter 131 s. 40, and regulations, 310 CMR 10.00. In such instances, Conservation Commissions (or MassDEP if appealed) may impose additional requirements on the use of compost blankets and berms to safeguard wetland resource areas (such as limiting the percentage of colloidal material or nutrients in the compost).

For landfill capping material (Subcategory 6), the MassDEP Regional Office in which the landfill where material will be used is located must approve the compost. Such approval must be obtained prior to any sale of compost material for use in this category and the bidder must submit a copy of the approval.

Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service RFR RFR # FAC104 / COMMBUYS Bid# BD-17-1080-OSD03-SRC02-13600

Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service RFR RFR # FAC104 / COMMBUYS Bid# BD-17-1080-OSD03-SRC02-13600

Subcategory 1:

Compost for General Use

Subcategory 2: Compost-Manufactured/Amended Loam (CML)
Subcategory 3: Compost for Horticultural Mulch
Subcategory 4: Compost as Erosion Control Mulch (compost blankets)

(non-seeded) (seeded) Subcategory 5: Compost as Erosion Control Filter Berm

Compost used to produce CML
Final CML
Minimum organic matter percentage (loss on ignition)
30%
30%
6 - 20%
40 - 60%
40 - 60%
40 - 60%
40 - 60%
Moisture content
35% - 60%;

Product should be loose and friable, not dusty.

<60%;

Product should be loose and friable, not dusty.

· Product should be loose and friable, not dusty.
< 60%;

Product should be loose and friable, not dusty.

< 60%;

Product shall be loose and friable, Not dusty.

< 60%;

Product shall be loose and friable, not dusty.

< 60%;

Product shall be loose and friable, not dusty.

Particle size
<.5 inch.

Product should meet MA particle size standards for topsoil and be free of refuse.

<1.0 inch
· No more than 20% of the material passing through the number 4 sieve shall consist of clay size particles.

· Not more than 65% of the product shall pass through a No. 200 sieve, as determined by the wash test in accordance with ASTM D 1140.

· < 2.0 inches
· 100% < 3 inches;

· 70% < 2 inches ( <= 5% clay)

· 100% < .75 inch;

· 70% < .5 inch;

· maximum 50% between .25 - 2 mm;

· max. 15% < .25 mm.

(<= 5% clay)

· 100% < 3.0 inch;

· Max 70% < 1.0 inch.

(<= 5% clay)

Soluble salts (mmhos/cm (dS/m))
<4.0
<4.0
<4.0
< 4.0
< 4.0

(<1) <4.0 (<1) less than or equal to 4.0 (<1)

Stability
Stable
Stable
Stable
Stable
Stable (Very Stable)
Very stable
Stable (Very Stable)
pH
6.0 -8.0
5.5 - 8.0
5.5 - 8.0
5.5 - 8.0

When used for acid loving plants, 5.5 - 7.0.

5.5 - 8.0
5.5 - 8.0
5.5 - 8.0
Metal Content
Metal Extract Procedure – 5 ppm Lead, 5 ppm Chromium, 1 ppm Cadmium
Metal Extract Procedure – 5 ppm Lead, 5 ppm Chromium, 1 ppm Cadmium
Metal Extract Procedure – 5 ppm Lead, 5 ppm Chromium, 1 ppm Cadmium
Metal Extract Procedure – 5 ppm Lead, 5 ppm Chromium, 1 ppm Cadmium
Metal Extract Procedure – 5 ppm Lead, 5 ppm Chromium, 1 ppm Cadmium
Metal Extract Procedure – 5 ppm Lead, 5 ppm Chromium, 1 ppm Cadmium
Metal Extract Procedure – 5 ppm Lead, 5 ppm Chromium, 1 ppm Cadmium

It is desirable that Bidders provide soil testing services (whether through their own lab or subcontracting). Soil tests requested will be at the Bidder’s expense if the soil they provide is of suspect quality and below standards.

Soil Aggregate Products Products in this category include items that can be added to the soil for enhancement purposes, whether for growth, aesthetics, drainage or safety, including but not limited to stone, gravel, soil amenities sand, topdressing and loam. If the Bidder can offer products for golf products (e.g. bunker sand), all applicable items must meet U.S.G.A. standards and guidelines and U.S.G.A. Physical Evaluation Test must be available to Eligible Entities upon request.

Upon request, Bidders for Soil Aggregate products must be able to submit Routine Soil Analysis for the intended purpose of Soil aggregate products.

It is desirable that Bidders provide soil testing services (whether through their own lab or subcontracting). Soil tests requested will be at the Bidder’s expense if the soil they provide is of suspect quality and below standards.

Fertilizer, Including Organic Products in this category include fertilizers, both synthetic and organic, and related tools and accessories.

It is desirable that these materials be certified to the USDA Organic standards by nationally recognized certifying bodies (e.g. Organic Materials Review Institute or National Organic Program). The product label should include specific reference to the dilution appropriate for the maximum working strength of the product and also the maximum recommended frequency of product application. Bidders and Eligible Entities must ensure that they are following the laws set forth in 330 CMR 31.00.

Upon request, Contractors for organic fertilizers must be able to submit the following information or equivalent test results:

· Batch test data for chemical consistency. Samples taken from the lesser of either 5,000 gallons or 50,000 pounds of finished product should be tested for product consistency through elemental analysis (Ca, S, Mg, Na, Fe, Mn, Cu, Zn, B, Mo, Al, Pb, N, P, K) reported both in absolute concentration and also as an N-P-K ratio by a certified laboratory operating under a protocol that includes provisions for retention samples.

· Efficacy of product to promote plant growth equal to that of any chemical fertilizer that will meet requirements for procurement under the Commonwealth's guidelines. Efficacy data should be established and confirmed on a cycle time of no less than five years. Field or laboratory demonstrations conducted by scientifically qualified, neutral parties will meet these criteria.

· For liquid products, test data for granularity or particle size to assure that the product meets a 100 mesh (180 micron) standard using a U.S. Standard Sieve Series.

It is desirable that Contractors provide soil testing services (whether through their own lab or subcontracting). Soil tests requested will be at the Bidder’s expense if the soil they provide is of suspect quality and below standards.

Playground Equipment Products in this category include composite structures and individual components primarily for age groups 2-5 and 5-12. If Bidders have the capability Planning and Design services can be offered on the contract.

All equipment must meet applicable U.S. Consumer Product Safety Commission (CPSC) standards for public playground safety. All equipment design and construction must meet applicable ASTM standards (ASTM F1487-11 or ASTM F) for safety performance. For ages 6 months to 23 months, equipment design and construction must follow ASTM F2373-11. Upon Eligible Entity’s request, all Contractors must provide certification that applicable CPSC and ASTM standards are adhered to: such certification must be from IPEMA, or Bidders must submit an application form to document that the Bidder is in the process of obtaining an IPEMA certification. All non-moving plastic and metal parts must be warranted for a minimum of ten (10) years against structural failure due to warping, sagging, cracking, corrosion, deterioration, or manufacturing defects. Equipment must be free of protruding bolts and parts at attaching points in equipment. Contractors must provide detailed assembly instructions upon delivery of equipment.

At a minimum, products must meet the EPP Specifications in the link below. Bidders must review the relevant category standards. https://sftool.gov/greenprocurement/green-products/12/park-recreation/0. Bidders must indicate the recycled content on the Price Sheet.

Products that do not meet the minimum specifications: If the Bidder has products that do not meet the minimum specifications, there will be a section on the Price Sheet where Bidder must provide an explanation why the product(s) does not meet the specifications. The SSST will review on a case-by-case basis to determine if the products may be sold on the contract.

Playground Surfaces Products in this category include athletic surfaces, tiles, synthetic grass, wear mats, engineered wood fiber (EWF), and poured in place (PIP) rubber for playgrounds, splash pads, courts, fields, and other related outdoor recreation. Any dyes used to color the mulch must be safe for children and must be able to provide certification upon request by the Eligible Entity.

All equipment must meet applicable U.S. Consumer Product Safety Commission (CPSC) standards for public playground safety. All equipment design and construction must meet applicable ASTM standards (ASTM F1487-11 or ASTM F) for safety performance. For ages 6 months to 23 months, equipment design and construction must follow ASTM F2373-11. Upon Eligible Entity’s request, all Contractors must provide certification that applicable CPSC and ASTM standards are adhered to: such certification must be from IPEMA, or Bidders must submit an application form to document that the Bidder is in the process of obtaining an IPEMA certification. ASTM F1292 should be met for impact surface attenuation materials within the use zone of the playground equipment. ASTM F1951 should be met for accessibility of surface systems used under and around playground equipment.

At a minimum, products must meet the EPP Specifications in the link below. Bidders must review the relevant category standards. https://sftool.gov/greenprocurement/green-products/12/park-recreation/0. Bidders must indicate the recycled content on the Price Sheet.

Products that do not meet the minimum specifications: If the Bidder has products that do not meet the minimum specifications, there will be a section on the Price Sheet where Bidder must provide an explanation why the product(s) does not meet the specifications.

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