FAC114 RFR Final.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Janitorial Services – Environmentally Preferable

Agency Document Number: FAC114

COMMBUYS Bid#: BD-21-1080-OSD03-SRC04-57192

4/2/2021

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. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

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.

Revision History

REQUEST FOR RESPONSE Janitorial Services – Environmentally Preferable

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

REQUEST FOR RESPONSE Janitorial Services – Environmentally Preferable

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the Janitorial Services – Environmentally Preferable Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Janitorial Services. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace statewide contract FAC81. The Contract will also be available for use by other Eligible Entities.

To effectively meet the needs of the Commonwealth for Janitorial Services, the Operational Services Division (OSD) has established this multi-award solicitation offering companies of all sizes an opportunity to respond. The purpose of this solicitation is to identify qualified janitorial contractors meeting and/or exceeding the industry standards and other specifications indicated in this RFR, who will be responsible for providing environmentally preferable cleaning services required to maintain Commonwealth Departments, municipalities, schools and other eligible entities. All FAC81 contracts will be required to transition to FAC114.

Estimated Procurement Calendar

https://attendee.gotowebinar.com/register/5373189493491996175

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Dates and Times Available:

3/10/2021 – 10am 3/24/2021 – 1pm 4/8/2021 – 10am https://www.mass.gov/doc/vendor-training-schedule/download

YouTube Video:

How to Find Bids (Solicitations) and Submit Quotes (Respond) https://www.youtube.com/watch?v=IG7XDNk4-U0

Online Webinar:

This interactive webcast provides instructions on several activities: Locating and responding to bids; Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

Late bids will not be considered.

*See Appendix 2: Instructions for Vendors Responding to Bids Electronically through COMMBUYS for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-training-schedule/download for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock 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. To locate the 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.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) 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 SST 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 SST 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.

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth 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.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

Pre-bid Conference The Pre-bid Conference is a virtual conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional. Please refer to the Pre-bid Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed (OSDHelpDesk@mass.gov or call during normal business hours (8am - 5pm ET Monday - Friday) at 1-888-627-8283 or 617-720-3197) Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

Additional Bid Information Anticipated Contract Duration:

The initial term of this Contract is five (5) years. In addition, this Contract has one (1) option to renew of up to two (2) years with a maximum Contract Term of seven (7) years including the initial term and the possible renewal option.

Performance and payment time frames which exceed Contract duration No new engagements for services under this Statewide Contract may be executed after the final termination date of this Contract.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $41,951,602. This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for Year 2/1/2014 through 7/30/2020.

The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

Estimated Number of Awards The target maximum number of Contractors is 35. The SST 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.

Adding Contractors after initial Contract Award If, over the life of the Contract, the SST determines that additional Contractors should be added in order to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

Acquisition Method(s):

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

· Cities, towns, districts, counties and other political subdivisions;

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

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education;

· Public purchasing cooperatives;

· Non-profit organizations that are doing business with the Commonwealth;

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

· 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.

ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

This solicitation also provides an opportunity for Bidders to propose innovative programs designed to deliver high quality, efficient, effective, cost competitive janitorial services for Commonwealth facilities and buildings. Such programs must meet all the specifications outlined in this RFR.

In addition, this solicitation requires the use of environmentally preferable, or “green” cleaning products by all awarded contractors as required by Executive Order 515 and specified in this RFR wherever they are available for the purpose of protecting human health and the environment to the greatest extent possible. Products used on this contract are required to meet the statewide contract FAC85 specifications (or any successor contract) (see Appendix 3) or be listed on the FAC85 Approved Products List found in the FAC85 Master Contract Record (or any successor contract) in www.COMMBUYS.com. Contractors are also required to provide information on their green cleaning practices that should incorporate the use of ergonomic and energy efficient equipment, recycled content paper products, opportunities for reduced use of chemicals, recycling of various waste materials and a process for monitoring and tracking the benefits of such practices. Such information can be included in the Bidder Response Form of the RFR.

Description of general cleaning services includes, but is not limited to:

· Office paper and bottle/can recycling

Bidder Qualifications Bidders must complete the Bidder Response Form an all other bid required forms as part of this RFR which may be found in the attachment section of the bid in COMMBUYS.

Company experience Business background Briefly provide an overview of experience in the janitorial services industry and a description of current business in Massachusetts.

Years in the industry of the Bid Bidders must have been in the business of providing janitorial services for at least the (5) five most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than (5) five years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Bidders must have the minimum required number of years’ experience. This is whether or not Bidders intend to employ the services of subcontractors for the performance of the services in any category. In the event that subcontractors will be employed, the subcontractors will need to satisfy the minimum (5) five years’ experience requirement.

Organizational Chart Bidders should identify how their company is presently organized. A description of the current ownership, incorporation, business size, must be included. Each Bidder must submit a copy of their Organizational Chart identifying staff by name (or initials), position title and responsibilities as an attachment (CompanyName_FAC114 Organizational Chart.xls) Employee and/or business technical/business experience, certifications, licenses If your company has attained third-party certification, such certification(s) should be scanned into one single PDF file and uploaded as part of the submission (see File Naming Conventions).

It is desirable to have at least one of the following certifications: International Sanitary Supply Association (ISSA) certification, Green Seal 42 Certification for Commercial Institutional Cleaning, LEED Certification. For bidders who will be engaged in providing biosafety, it is recommended that they received ISSA GBAC STAR™ Facility Accreditation or equivalent.

Continuity of Operations Plan (COOP) Bidders should 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.

Emergency Response Capabilities In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the services under this Statewide Contract on a priority basis. The Bidder’s Quote should include a list of emergency contact information including name, position/title, phone, email and cell phone.

Supply Chain Capabilities Bidders should indicate their company’s dependency on foreign countries for products or services that would prevent them from fulfilling their contractual obligations in situations of local or international crisis for example during a pandemic. Indicate what percentage of your company’s resources (supplies & services) are domestic and what percentage is locally derived.

Financial stability including bankruptcy, litigation and contract defaults Bankruptcy, litigation, and contract defaults Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

Tax Compliance Bidders must certify compliance with all Commonwealth tax laws, including MGL c62C, §49A. More information regarding these DOR documents are posted at http://www.mass.gov/dor Default, Litigation, Bankruptcy Bidder must state if there are any past pending legal actions including contract defaults, litigation and bankruptcy, and / or any purposeful business name change due to contract defaults, litigation or bankruptcy. The past is defined as the three years prior to the opening of this solicitation.

Insurance The Bidders awarded contracts pursuant to this RFR must have insurance coverage in the limits listed below (at a minimum) and this insurance coverage must be maintained during the life of the contract. The hiring entity must be notified within five business days of any changes or cancellations. Updated Certificates must be submitted to the hiring entity within five business days after their issuance. Failure to file copies of the Insurance Certificates or notify the hiring entity of changes or cancellations may result in the termination of the Contract.

As part of the response to this RFR, Bidders must provide certified copies of all insurance policies currently in place, including Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as part of the Vendor Qualification Form. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Insurance Certificates There are several documents required to be scanned into one single PDF file and uploaded for submission, including:

Worker’s Compensation Insurance By signing the Commonwealth Standard Contract Form the Bidder confirms compliance with applicable state and federal employment laws or regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152. The Standard Contract Form can be found as an attachment to the bid located in COMMBUYS.

Comprehensive General Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage: bodily injury and death liability; personal injury liability (with no employee exclusion): Independent Contractor protective liability; broad form property damage (with X, C, and U coverage) and contractual liability. This insurance shall not contain a care, custody, and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured. This insurance shall be written with respect to all coverage, for not less than the following policy limit: one million ($1,000,000) per each occurrence and one million dollars ($1,000,000) aggregate.

Comprehensive Business Motor Vehicle Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per each occurrence; $1,000,000 aggregate. The general liability and motor vehicle insurance required by this RFR may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies shall follow form, without exclusions or reductions in coverage over the primary liability insurance policy. All policy limits for insurance coverage required by this RFR shall be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy, and must state that the insurer is liable for payment of amounts within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

References and reference information and/or requirements It is desirable that Bidders have successfully held contracts of a similar type and magnitude and have a history of good performance. A minimum of three (3) letters of reference MUST be submitted with bid response from institutional accounts, or from the three largest customers in Massachusetts if available. It is important that a valid email address be provided for each business reference. Representatives of the following organizations will not be acceptable as references:

The Massachusetts Operational Services Division (OSD) or any FAC114 SST Members.

The SST reserves the right to contact references on an as-needed basis Other Best Practice or Innovation Bidders are encouraged to provide information on innovative best practices in providing janitorial services to other government entities. In such cases, bidders are instructed to provide this information in the Bidder Response Form and save any additional information as [CompanyName FAC114 2021 Additional Documents.pdf]. Bidders must note that the SST is under no obligation to review additional documents not specifically required in the RFR, or specifically referenced by bidders in the parts of their response that were required in the RFR.

COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

The SST reserves the right, at any point during the life of the contract, to limit the scope and/or establish additional qualifications, specifications, or other requirements, for services subcontracted under this contract.

Commodity Specifications Depending on needs of the purchasing entity, contractors might be required to furnish all equipment, cleaning products, and supplies. If products are included in the service under this contract, they are required to meet the statewide contract FAC85: Environmentally Preferable Cleaning Product, Programs, Equipment and Supplies specifications (or any successor contract) or be listed on the FAC85 Approved Products List found in the FAC85 Master Contract Record in www.COMMBUYS.com (see Appendix 3 for directions on finding).

Service Specifications All services as part of this contract are required to meet the service specification found in Appendix 4: Service Specifications.

Contractors must be capable of providing all supervision, labor, materials and equipment required to deliver services under this contract and be capable of providing those services statewide or to all awarded districts of the Commonwealth.

Eligible services These include but are not limited to the following:

· Office paper and bottle/can recycling

Training Bidder’s staff must be trained in the proper handling of chemicals, proper use and maintenance of cleaning equipment, and proper cleaning procedures. Such personnel must be familiar and experienced with product use, standard operating procedures, the proper sequencing of cleaning steps, and the proper use of personal protective equipment. The Contractor is responsible for ensuring that staff is thoroughly trained in the use of less toxic cleaning products and trained to complete required tasks and to operate equipment in a safe manner.

Bidders and their staff must agree to attend training sessions as required, at a minimum annually, on green cleaning products to ensure that all staff are versed on the proper use of these products as well as new products and equipment that are introduced throughout the contract term. Specific information on the content, dates and locations of such sessions will be provided following the contract awards.

Waste Materials Used During Cleaning Disposal of trash and any waste materials used while conducting the janitorial cleaning process is the sole responsibility of the bidder and should be in compliance with the Massachusetts Waste Disposal Ban Requirements. No extra surcharges or fee’s related to waste disposal will be allowed to be incurred by the eligible entity.

Geographic coverage The SST seeks a variety of firms from a variety of sites where facilities are maintained. Firms should indicate a location preference if any. It is the intent of this RFR to fully the janitorial services need throughout the Commonwealth.

For the purposes of this RFR the Commonwealth of Massachusetts has been divided into fourteen (14) counties which include specific counties as indicated on the map and descriptions below:

Counties Descriptions:

· Statewide

· Berkshire

· Hampshire

· Franklin

· Worcester

· Hampden

· Middlesex

· Essex

· Suffolk

· Norfolk

· Plymouth

· Bristol

· Barnstable

· Dukes

· Nantucket Environmental Specifications In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Environmental Benefit Claims/Labeling Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms. Product environmental claims are to include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

Vendors claiming environmental benefits of their products shall list the appropriate benefits or industry standard it meets in the quarterly sales reports, if applicable, or on separate annual reports.

Required Environmental Specifications Products used on this contract are required to meet the FAC85 specifications (or any successor contract) or be listed on the FAC85 Approved Products List found in the FAC85 Master Contract Record in www.COMMBUYS.com (see Appendix 3 for directions on navigating).

Contractors are also required to provide information on their green cleaning practices that should incorporate the use of ergonomic and energy efficient equipment, recycled content paper products, opportunities for reduced use of chemicals, recycling of various waste materials and a process for monitoring and tracking the benefits of such practices. Such information can be included in the Bidder Response Form of the RFR, in the Current Environmental Practices Form.

Bidder Current Environmental Practices Form Bidders must complete this form, found in the Bidder Response Form to this RFR, and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify, however, bidders must substantiate all answers in order to receive additional points.

Environmental plan Awarded Bidders must agree to work with OSD and the SST to examine the feasibility of implementing an environmental plan throughout the life of the contract. Such a plan may include, but not be limited to, implementing energy initiatives, adopting and implementing sustainability policies or third-party standards and/or certifications, or publicizing their environmental initiatives. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Bidders may include written proposals submitted as an attachment [CompanyName_FAC114_Environmetnal_Plan] to their Quote detailing a commitment to action contingent upon receipt of a Contract award.

Compensation Structure/Pricing There will be no rates posted as part of the contract award process for FAC114. The compensation structure for the FAC114 RFR is according to service as described and agreed to in the Statement of Work (SOW) and the accepted bidder response. A sample SOW Template will be developed by the SST and posted in the FAC114 Master Contract Record for use by eligible entities in securing quotes from contract vendors. Contract users may customize it as needed. Awarded vendors are required to provide specific and transparent prices in all responses to bid quotation requests.

Eligible Entities will determine the format in which quotations for their specific project will be collected. Bidders are expected to be competitive with each project and must provide a detailed and transparent budget related to the scope of services to be completed.

Eligible Entities and awarded FAC114 RFR vendors may negotiate project rates as part of the bid process. Negotiated project rates may be published by the Eligibly Entities as part of the bid records in COMMBUYS.

Any price adjustment will be at the discretion of the buying entity.

COMMBUYS Setup This contract is set up as a Solicitation Enabled Master Blanket. This is a purchasing catalog allowing buyers to solicit quotes to multiple vendors on the same contract.

Responding to Buyer’s quote requests is a requirement of this contract.

Services Depending on needs of the purchasing entity, contractors might be required to furnish all equipment, cleaning products, and supplies. If products are included in the service under this contract, they are required to meet the statewide contract FAC85: Environmentally Preferable Cleaning Product, Programs, Equipment and Supplies specifications (or any successor contract) or be listed on the FAC85 Approved Products List found in the FAC85 Master Contract Record in www.COMMBUYS.com (see Appendix 3 for directions on navigating).

Adding commodities and/or services to the Statewide Contract is not permitted unless approved by the Commonwealth Contract Manager.

Prevailing Wage Bidders must comply with the Prevailing Wage Law, as administered by the Commissioner of Labor and Workforce Development/Division of Occupational Safety (DOS). All employees of Contractors engaged in these 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.

Business Expenses Standard Business Expenses may be allowed with prior authorization from an Eligible Entity only but in no case will the amount be more than that allowed for Commonwealth of Massachusetts employee. Search for the term “Red Book” at www.mass.gov/hrd.

Prompt Pay Discount All Bidders 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.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, 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 offer a PPD 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 the Bidder’s Quote.

SUPPLIER DIVERSITY OFFICE (SDo) programs Bidders and Contractors must participate in the following two Massachusetts SDO programs.

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).

All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, and/or SDVOBEs, DOBEs and/or LGBTBEs 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. In planning their SDP commitment, Bidders certified by SDO must note that the commitment cannot be met by making expenditures within their own company or with parent or wholly owned subsidiary companies. Therefore, Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans submitted by bidders will be evaluated by the SST at 10% or more of the total available 100% evaluation points. Note: this does not mean that the bidder must commit 10% of sales. Questions concerning how the SDP works may be directed to the Supplier Diversity Office (SDO) or bidders may view a description of the SDP on the SDO webpage at www.mass.gov/sdo.

Supplier Diversity Office (SDO) Individuals with Disabilities Pilot Program

a) Background: Section 88 of the Fiscal Year 2019 Budget directed the Supplier Diversity Office, in consultation with the Massachusetts Office on Disability (MOD), to implement the SDO Individuals with Disabilities Pilot Program “with a utilization, contract-based goal of 7 per cent for the inclusion of qualified individuals with disabilities…to promote the recruitment, hiring, promotion and retention of individuals with disabilities and assist state contractors in evaluating and measuring levels of success in the recruitment, hiring, promotion and retention of individuals with disabilities.”

Similar to the previous Statewide Contract for Janitorial Services, Environmentally Preferable (FAC81), this RFR and contracts resulting from it shall be part of the SDO Disability Pilot Program (Program), and Bidders and Contractors awarded as a result of this RFR will be required to participate in the Program.

b) Program Purpose: The purpose of the Program is to engage Contractors and provide assistance in recruiting, hiring, promoting and retaining individuals with disabilities.

c) Program Goal: As part of the Program, Contractors will be required to set, strive to meet and measure progress toward a 7% utilization goal for individuals with disabilities. This goal shall apply:

For Contractors with 50 or fewer full-time equivalents (FTEs): to the entire workforce of the Contractor;

For Contractors with more than 50 FTEs: to the direct workforce needs of the Contract.

Failing to meet the Program goal of 7% will not result in a fine, penalty or sanction under the Contract. This Program goal is not to be used as a quota or a ceiling that limits or restricts the employment of individuals with disabilities.

For the purpose of this Contract, the direct workforce needs shall be defined as the combined staff time involved in providing services to the Commonwealth under the Contract expressed as a number of FTEs (e.g., two staff members each spending 50% of their time providing services under the Contract shall equal one FTE). A qualified individual shall have the same meaning as set forth in 41 C.F.R. 60-741.2.

d) Program Participation Requirements: All Bidders must complete the Disability Employment Practices Form attached to this RFR and provide information on:

Current percentage of individuals with disabilities employed within the company (if available);

Current policies, practices, procedures and systems and initiatives related to the recruitment, hiring, promotion, retention and employment of individuals with disabilities; and Initiatives that the Bidder proposes to implement in order to reach the utilization goal for individuals with disabilities established under the Program.

During the life of the Contract, Contractors must demonstrate an effort to:

Implement a confidential self-identification process for individuals with disabilities as part of the company’s workforce diversity policies and procedures;

Participate in free training and other Commonwealth initiatives to assist Contractors in reaching the Program goal.

No later than June 30th of each year, Contractors must submit an updated Disability Employment Practices Form, which must include the following information:

Updated workforce percentage of individuals with disabilities (if available); and Updated information on policies, practices, procedures, systems and initiatives initiated or planned as part of the Contractor’s participation in the Program.

e) Program Changes and Termination: During the life of the Contract, the Commonwealth reserves the right to make changes to the Program based on feedback from Contractors and other constituents. Such changes shall be consistent with the intent of the Program and shall be implemented with mutual agreement between the Commonwealth and the Contractors. The Commonwealth reserves the right to terminate the Program and release Contractors from Program Participation Requirements at any point during the life of the Contract.

EVAULATION CRITERIA

Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the contractor to make minor corrections to the submission.

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award.

Mandatory Requirements Bidders who do not meet all mandatory requirements may be disqualified. The SST may determine if non-compliance with a mandatory requirement is insignificant or can be corrected or clarified.

Bid terms that include language such as: “must”, “shall”, “will” and “required” are “mandatory.”

Evaluation Components The following components will be some of the criteria considered by the team when evaluating each Quote:

· Business experience

· Business references and reference information and/or requirements

· Environmental specifications

· Supplier Diversity Plan (will count for a minimum 10% of evaluation points)

· Prompt pay discount

· Financial stability including bankruptcy, litigation, and contract defaults.

· Number of years in business Supplier Diversity Plan This is a minimum of 10% weight of the total available 100% evaluation points Best Value Selection and Negotiation The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.

INSTRUCTIONS FOR SUBMISSION OF RESPONSES

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 1.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Limits and Restrictions Document Pages The system will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name File Format Restrictions All scanned documents must be in .pdf or .gif format and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, except for the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

File Naming Conventions Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool.