FAC116 Final 2-2-2021~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Lawns and Grounds Equipment, Parts and Services

Agency Document Number: FAC116

COMMBUYS Bid#: BD-21-1080-OSD03-SRC3-55080

1/5/2021 Last Amended Date: 2/2/2021 All Amendments are in Red

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 FAC116: Lawns and Grounds Equipment, Parts and Services

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

REQUEST FOR RESPONSE FAC116: Lawns and Grounds Equipment, Parts and Services

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 Lawns and Grounds Equipment, Parts and Services Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of various lawns and grounds equipment including, but not limited to: Tractors, lawnmowers, skid steer loaders, utility vehicles, golf carts, trailers, snowblowers, battery powered equipment and specialty outdoor power equipment. 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# FAC88. The Contract will also be available for use by other Eligible Entities.

The main changes from FAC88 are:

· Consolidated categories and reduced category count from 14 to 9.

· Tractors and loaders are combined into one category along with all their related equipment.

· Lease is expanded to all categories instead of only for Category 5.

Estimated Procurement Calendar

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

1/6/2021 – 1pm 1/20/2021 – 2pm 2/2/2021 - 1pm 2/18/2021 - 2pm 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:

Late bids will not be considered.

*See Appendix #2, "Training for Vendors Responding to Bids On 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.

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.

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 prior to the debriefing.

Additional Bid Information Anticipated Contract Duration:

The initial term of this Contract is six (6) years.

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 four (4) years 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. Any contractor entering new engagements with eligible entities after contract expiration will be subject to remedial measures, which may include but are not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $43 Million. 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.

This Estimated Value was derived by reviewing FAC88 Contractor sales reports to Commonwealth of Massachusetts eligible entities for fiscal years 2019 and 2020:

Estimated Number of Awards There is no target maximum number of Contractors being targeted under this contract. The SST may award more, or fewer contracts then presently exists, if it is in the best interests of the Commonwealth to do so. The purpose of this contract is to ensure proper coverage throughout the Commonwealth, while offering best value options.

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

Categories

Procurement Exclusions The scope of this contract is proposed for equipment which is intended for the maintenance and care of lawns and grounds areas. This contract is not intended for large construction equipment, which is defined as anything over 150HP. For related equipment, please see the following Statewide contracts or their subsequent replacement contracts:

1. Heavy Duty Construction Equipment – VEH93

2. Purchase of Vehicles (Cars, Trucks, some Loaders) – VEH98

3. Landscaping and Parks and Recreation Equipment – FAC104

4. Landscaping and Related Services – FAC103

5. Building and Facilities Maintenance Equipment – FAC100 & FAC101

6. Equipment Rental – FAC112

a. Although (6 month or less) rentals are available on FAC116, eligible entities are instructed to exhaust rental options with FAC112 vendors before engaging with FAC116 vendors.

Bidder Qualifications Bidders must meet all the qualifications as stated within this RFR and must be an authorized dealer of any manufacturers bid.

Business background The Commonwealth of Massachusetts is looking for bidders whose primary business function is to supply the sales and maintenance of Landscaping and Groundskeeping equipment.

Years in the industry of the Bid Bidders must have been in the business of providing lawns and grounds equipment for at least the (2) two 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 (2) two 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.

Continuity of Operations Plan (COOP) In a declared state of emergency where the safety and wellbeing of citizens are at risk, contractors may be asked to supply the purchasing entity with the commodities and/or services under the Statewide Contract on a priority basis. The Bidder’s Response 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. In addition, the Bidder should supply a list of emergency contact information including name, position/title, phone, email, and cell phone.

This information will not be considered in the evaluation of the Quote.

Financial stability including DUNS report, bankruptcy, litigation, and contract defaults Bidders must identify their financial business model that will be able to support and fund their daily business under any contract awarded from this RFR. Bidders may be disqualified if any financial constraint or litigation poses an adverse effect on their ability to provide services under this contract. No contracts will be awarded without the following required Financial Information.

Financial Information Bidders are required to submit the following:

· A Document of tax compliance (Certificate of Good Standing from the Department of Revenue) or if unable to submit a Certificate of Good Standing, bidder must provide an explanation. Additional documentation may be requested on a case-by-case basis.

· Gross Annual Revenue for the Bidder’s most recently completed fiscal year.

References and reference information and/or requirements At a minimum three (3) letters of reference MUST be submitted with bid response from institutional accounts, or from the three largest customers in MA if available. The SST may choose to contact references on an as-needed basis.

COMMODITY SPECIFICATIONS – CATEGORY 1, Agricultural Tractors, Loaders and Related Accessories Commodity Specifications This category includes Tractors (Sub-Compact, Compact, Utility, Specialty) and Loaders (Skid Steer, Tracked, Backhoe, Crawler, Front End, Wheeled) which are intended for use in an agricultural or lawn and groundskeeping setting. This category is not intended for heavy duty construction equipment, which is defined as anything over 150HP. This category also includes the parts and service of this equipment as well as accessories, which include, but are not limited to:

· Attachments (Buckets, forks, mowers, snowblower, blades, sweepers, etc.)

· Canopies

· Lights Eligible brands and models Listed below is the reference list of some of the existing manufacturers for Lawns & Grounds Equipment. The list below is a reference list only and the SST reserves the right to consider alternative brands/manufacturers bid by bidders that are of a substantially equal substitute:

· Bobcat, Caterpillar, Case, Farmall, John Deere, Kubota, Landpride, Mahindra, New Holland Toro, Ventrac, Wacker Neuson and Woods.

COMMODITY SPECIFICATIONS – CATEGORY 2, Lawnmowers and related accessories Commodity Specifications This category includes commercial grade lawn mowers. This category also includes the parts and service of this equipment, as well as accessories. Types of lawnmowers include, but are not limited to:

· Stand-On

· Ride-On

· Walk-Behind Eligible brands and models Listed below is the reference list of some of the existing manufacturers for Lawns & Grounds Equipment. The list below is a reference list only and the SST reserves the right to consider alternative brands/manufacturers bid by bidders that are of a substantially equal substitute:

· Ariens, Cub Cadet, Exmark, Gravely, Greenworks, Honda, Husqvarna, Hustler, John Deere

COMMODITY SPECIFICATIONS – CATEGORY 3, utility vehicles, golf carts, snowmobiles and related accessories Commodity Specifications This category includes Utility Vehicles, Golf Carts, Snowmobiles and other related equipment. This category also includes the parts and service of this equipment as well as accessories. Examples of the types of vehicles include, but are not limited to:

· Utility Vehicles

· ATV

· Snowmobiles

· Golf Carts

· Sprayers

· Groomers

· Sweepers Eligible brands and models Listed below is the reference list of some of the existing manufacturers for Lawns & Grounds Equipment. The list below is a reference list only and the SST reserves the right to consider alternative brands/manufacturers bid by bidders that are of a substantially equal substitute:

· Bobcat, Cub Cadet, EZ-GO, John Deere, Gravely, Kubota, Polaris, Suzuki, Toro, Yamaha

COMMODITY SPECIFICATIONS – CATEGORY 4, 2 Cycle & 4 Cycle handheld power equipment and Related Accessories Commodity Specifications This category includes 2 Cycle and 4 Cycle power equipment and other related equipment. This category also includes the parts and service of this equipment as well as accessories. Examples of the types of equipment include, but are not limited to:

· Augers

· Blowers/Vacuums

· Brush Cutters

· Chainsaws

· Trimmers

· Pole Saw/Pruners Eligible brands and models Listed below is the reference list of some of the existing manufacturers for Lawns & Grounds Equipment. The list below is a reference list only and the SST reserves the right to consider alternative brands/manufacturers bid by bidders that are of a substantially equal substitute:

· Bandit, Echo, Husqvarna, Little Wonder, Redmax, Stihl, Toro

COMMODITY SPECIFICATIONS – CATEGORY 5, SNOWBLOWERS and Related Accessories Commodity Specifications This category includes snowblowers and other related equipment. This category also includes the parts and service of this equipment as well as accessories. Examples of the types of equipment include, but are not limited to:

· Snowblowers

· Snow throwers Eligible brands and models Listed below is the reference list of some of the existing manufacturers for Lawns & Grounds Equipment. The list below is a reference list only and the SST reserves the right to consider alternative brands/manufacturers bid by bidders that are of a substantially equal substitute:

· Ariens, Honda, Husqvarna, Toro

COMMODITY SPECIFICATIONS – CATEGORY 6, Specialty Wheeled (and towed) power equipment and Related Accessories Commodity Specifications This category includes specialty power equipment which is typically on wheels or wheeled and other related equipment (not trailers). This category also includes the parts and service of this equipment as well as accessories. Examples of the types of equipment include, but are not limited to:

· Chippers

· Shredders

· Stump Grinders

· Sod Cutter

· Aerators

· Brushcutters

· Rototillers Eligible brands and models Listed below is the reference list of some of the existing manufacturers for Lawns & Grounds Equipment. The list below is a reference list only and the SST reserves the right to consider alternative brands/manufacturers bid by bidders that are of a substantially equal substitute:

· Bandit, Billy Goat, Cub Cadet, Honda, John Deere, Toro

COMMODITY SPECIFICATIONS – CATEGORY 7, Utility trailers and Related Accessories Commodity Specifications This category includes Utility Trailers and other related equipment. This category also includes the parts and service of this equipment as well as accessories. Examples of the types of equipment include, but are not limited to:

· Dump Trailers

· Equipment Trailers

· Landscape Trailers

· Powersport Trailers

· Side Extension Trailers

· Tilting Trailers

· Tandem/Double Tandem Trailers Eligible brands and models Listed below is the reference list of some of the existing manufacturers for Lawns & Grounds Equipment. The list below is a reference list only and the SST reserves the right to consider alternative brands/manufacturers bid by bidders that are of a substantially equal substitute:

· Bravo, Cat, Cross Country, Morbark, Nitro, Solar Tech, Towmaster

COMMODITY SPECIFICATIONS – CATEGORY 8, Commercial Grade Battery Electric Lawn Equipment and Related Accessories Commodity Specifications This category includes Commercial Grade Battery Electric lawn equipment and other related equipment. This category also includes the parts and service of this equipment as well as accessories. Examples of the types of equipment include, but are not limited to:

· Lawnmowers

· Blowers

· Trimmers

· Chainsaws Eligible brands and models Listed below is the reference list of some of the existing manufacturers for Lawns & Grounds Equipment. The list below is a reference list only and the SST reserves the right to consider alternative brands/manufacturers bid by bidders that are of a substantially equal substitute:

· Greenworks, Mean Green, Stihl

COMMODITY SPECIFICATIONS – CATEGORY 9, Equipment leasing for categories 1-8 Commodity Specifications This category is for the leasing of equipment available in Categories 1-8. Leases in this category are defined as Operating Leases where the ownership of the equipment is retained before and after the lease term by the lessor. Lease agreements are made between the Eligible Entity and the Vendor.

Please see section 15 for full lease terms.

Service Specifications Eligible Services Bidders are encouraged to be able to offer service and repair for all of the equipment that they sell, both inside and outside of the warranty period.

Delivery Terms All equipment pricing is to include F.O.B delivery to the requested ship to address. No request for extra delivery costs will be honored. All equipment shall be delivered assembled, serviced, oiled and ready for immediate use, unless otherwise requested by the purchasing department. Liability for product delivery remains with the awarded bidder until properly delivered and signed for in accordance with the purchasing department and Commonwealth Terms & Conditions. The vendor MUST provide upon delivery basic training or demonstration of equipment being delivered.

Returns/Disposal Contract users may not accept the delivery of any product that is visibly damaged. Product will be inspected upon receipt of delivery. If a product fails inspection by the receiving facility, the product will be rejected, and the contractor(s) must replace it immediately at no additional expense to the facility.

Operating Manuals At a minimum two (2) operating manuals MUST be provided by awarded contractors for all equipment purchased under any contract resulting from this RFR. If additional operating manuals are needed awarded contractors must accommodate the department’s needs.

Warranties Length of Warranty Warranties are to be based on a commercial use minimum of one (1) year; it is desirable that the bidder offer more than one (1) year. Additional warranty options must be addressed in narrative form in the response submission. Special Warranty issues on products or product lines should be outlined in bidders’ response Extended Warranties It is desirable that bidders offer an extended warrant on all products to all eligible entities at a discounted rate. The discount rate should be clearly identified in the bid response.

Service Parts & Service Parts Warranties It is desirable that bidders offer warranties on service parts to all eligible entities at a discounted rate. The discount rate should be clearly identified in the bid response.

Warranty process and coverage Bidders must provide an on-site, 1-year warranty, with no charges for parts, labor, or transportation during the warranty period. Bidders must respond to a warranty service call within two (2) business days with a call back from the initial problem call and next business day on-site response time from the call back, unless otherwise agreed upon, in writing, by the Eligible Entity and Contractor.

The Bidder's response must indicate how the warranty start date is determined, i.e., whether this is the equipment delivery date or a different date. Enough information must be included in the response such that the warranty start date for any given piece of equipment can be unambiguously determined. The response must also provide a telephone number for warranty service calls.

A warranty service upgrade for Eligible Entity requiring more rapid response will be available for an additional cost. Bidders must describe any on-going preventive maintenance services offered during the warranty period, as part of the warranty or at an additional cost. Bidders must also describe any plans they offer for post-warranty maintenance and support, including but not limited to the ability to purchase an extended warranty at the time of system purchase, plans offering services as needed on an hourly rate or other basis, and annual fixed priced maintenance contracts.

Maintenance/Post-Warranty support Bidders must describe any plans they offer for post-warranty maintenance and support, including but not limited to the ability to purchase an extended warranty at the time of system purchase, plans offering services as needed on an hourly rate or other.

Replacement parts Bidders must be able to provide authentic replacement parts for the equipment they are authorized to sell under this contract. These replacement parts will be in line with all warranty requirements and will not adversely affect any existing warranty. A minimum of a 1-year warranty is required on replacement parts.

Geographic coverage Bidders are encouraged to be able to provide equipment and related services throughout the Commonwealth of Massachusetts, either on their own or using subcontractors. Bidders will be asked to indicate their geographic coverage by region in their bid response form. Bidders are expected to service at least one municipality in which they indicate they can provide coverage to.

Ordering and Quotes Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

Lease and Rental Terms Contractors Qualification Any lease and/or rental agreements entered under statewide contract FAC116 will be between the Contractor and the eligible entity. Eligible entities cannot enter a 3rd party lease with a bank or financial lender under this statewide contract. The Contractor may subcontract lease and/or rental services with a bank or financial lender, however all such work will be covered under the specifications of this contract, and the prime contractor will be responsible for all work and invoicing conducted under the scope of this contract. Regardless of any such assignment, the Contractor will continue to act as principal about carrying out all responsibilities and duties under the contract. Upon prior approval of the Contractor, which shall not be unreasonably withheld, an Eligible Entity may assign the equipment and its duties under a Term Lease or Rental to another Eligible Entity, provided the assignee Eligible Entity can demonstrate that it can assume all the duties and fiscal responsibilities under the Term Lease or Rental and the Eligible Entities execute the necessary documentation to transfer the equipment and Term Lease or Rental obligations and payments.

Title, Liability, Risk of Loss and Insurance An Eligible Entity shall not hold title to equipment under a Term Lease or Rental. The Contractor (and its insurers, if any) shall bear all risk of loss to the equipment. The Contractor shall hold title to all items of equipment and be fully responsible for the risk of loss and insurance costs for any loss, damage or liability associated with the equipment. The Eligible Entity shall be liable for loss or damage to the equipment due to the negligence of the Eligible Entity or theft. The Commonwealth is self-insured, and an Eligible Entity shall not be obligated to purchase separate insurance for any Term Lease or Rental. Limitations of liability or other terms that conflict with the Commonwealth’s Terms and Conditions, Standard Contract Form, or this RFR, inclusive of all amendments that are contained in any documentation submitted by a Bidder or a Contractor under this RFR amendment or under any Term Lease or Rental executed by an Eligible Entity shall be deemed void.

REPLACEMENT OR REPAIR OF DEFECTIVE EQUIPMENT

The Contractor agrees that all Term Lease or Rented Equipment shall be operational and perform in accordance with standard equipment performance specifications and warranties for the equipment.

The Contractor also agrees that since the equipment Leased or Rented is essential for Eligible Entity operations, that neither an Eligible Entity nor the Commonwealth will have any obligation to continue to pay Term Lease or Rental payments for defective Equipment that cannot be repaired or replaced by the Contractor within the required periods outlined in this RFR. Under these circumstances, the Eligible Entity may provide notice of early termination of the lease for the non-functioning equipment without penalty.

Contractors shall repair any defective equipment in accordance with standard performance specifications and warranties for that equipment. Contractors shall be responsible for all repair and equipment defects and failures during the term of the Term Lease or Rental. In addition to this coverage, all equipment shall be covered by the manufacturer’s standard warranties for that equipment. If the equipment cannot be repaired within the required periods outlined in this RFR, the Contractor shall immediately replace the equipment with identical or comparable equipment. The Contractor shall be responsible for all transportation, shipping, delivery, and other costs associated with the replacement of defective equipment. The Contractor may not charge a fee, penalty or increase the Term Lease or Rental payments for replacement of defective equipment with identical or comparable equipment. If the equipment replacement must be different equipment due to a defect in the model of the original equipment, then it is the responsibility of the Contractor to honor the original Term Lease, Rental or Purchase cost of the original equipment.

If the Contractor is unable to provide identical or comparable replacement equipment for the defective equipment within a reasonable time, the Eligible Entity may terminate the Term Lease or Rental and negotiate the Term Lease or Rental of Equipment from another Contractor. The Contractor shall be obligated to remove the defective equipment at no cost to the Eligible Entity. The Contractor may not penalize the Eligible Entity, accelerate Term Lease or Rental payments, or make any additional charges for the termination of a Term Lease or Rental of defective equipment that cannot be repaired or replaced by the Contractor.

Equivalent loaner equipment of comparable or better production capability must be available, delivered, installed, and configured for equipment that cannot be repaired on site, at no extra charge. Delivery, installation, configuration and basic training must be completed within twenty-four (24) hours (weekends, Federal and State holidays excluded) from the time a service technician determines that the equipment cannot be repaired on site. Loaners will remain in place until the equipment has been repaired, reinstalled, and confirmed operational by the Eligible Entity. Loaner Equipment shall be provided at no cost including shipment to customer’s location, training, startup supplies and returning of loaner equipment to the Contractor.

Upgrade or Replacement of Non-Defective Equipment During Period of Term Lease or Rental During the period of a Term Lease or Rental, an Eligible Entity and the Contractor may negotiate an upgrade to or replacement of equipment with a newer model, higher performance or equipment better suited to the Eligible Entity’s business needs. The Eligible Entity shall not be charged any penalties, an acceleration of Term Lease or Rental fees, or other charges for a negotiated upgrade or replacement of contract equipment. If there is a balance on the term lease or rental of the current equipment prior to an upgrade or replacement request, the Eligible Entity and the Contractor must negotiate the “buyout” cost that would be incorporated in the term lease or rental payment of the upgrade or replacement equipment. Return of unused supplies because of this buyout must be negotiated between the Eligible Entity and the appropriate Contractor.

The removal of the existing equipment and the delivery of the upgrade or replacement equipment will be at no charge to the Eligible Entity.

The Eligible Entity and the Contractor may not negotiate (even if requested by an Eligible Entity), as part of a Term Lease or Rental, for an “option” for an upgrade or replacement which requires the Eligible Entity to pay a higher Term Lease or Rental price or a premium for the availability of the “option” during the Term Lease or Rental Term than the Eligible Entity would have paid without the option. Failure of the Contractor to adhere to this requirement shall be considered a material breach and the current Contractor shall be required to reimburse to the Eligible Entity or the Commonwealth any amounts paid for such an option that exceeded the amount of the Term Lease or Rental payments without such an option.

Prohibition of Term Lease Renewals and Return of Equipment at End of Term At the termination of a Term Lease the Term Lease may not be renewed or otherwise extended under its original terms and rates. In the rare event that a Term Lease needs to be extended for any reason, the Contractor and Eligible Entity must renegotiate a short term, Term Lease that reflects the depreciated value of the equipment. A Contractor’s renewal of a Term Lease, even at the request of an Eligible Entity, without re-negotiation and reduction of the Term Lease price shall be considered a material breach by the Contractor and the Contractor shall be obligated to reimburse the Commonwealth for all Term Lease payment amounts made by an Eligible Entity which exceed the amounts that would have been charged under a re-negotiated and reduced Term Lease. It is presumed that all Term Leases negotiated under this RFR are temporary and that all Leased equipment will be returned at the end of the Term Lease. It is the responsibility of the Eligible Entity to schedule the return of the equipment and it is the Contractor’s responsibility to pick-up the equipment within 10 business days of the scheduled return at no cost to the Eligible Entity. If the equipment is not picked-up within 10 business days of the scheduled return, a charge of $50 per business day per unit may be assessed upon the Contractor for each day the equipment remains on the Eligible Entity’s premises, which the Eligible Entity may deduct from any outstanding charges or collect if no outstanding charges exist.

No Outright Purchase of Term Lease Equipment at End of Term Lease It is presumed that all Term Lease negotiated under this RFR are temporary and that all Term Leased equipment will be returned to the Contractor at the end of the Term Lease. Early buy-out or purchase options during the period of the Term Lease are not permitted as part of any Term Lease.

For more information, please refer to the Comptroller’s Policy on Fixed Asset Acquisition by clicking on this link:

https://www.powerdms.com/public/MAComptroller/documents/1777862 For questions about this policy, please contract the Comptroller’s Office at comptroller.info@mass.gov No Credit Application Contractors are not permitted to impose creditworthiness criteria of any kind upon instrumentalities of the Commonwealth as a condition of issuing a Term Lease or Rental.

Prompt Payment Discounts (PPD) Prompt payment discounts are not applicable for lease or service/discounted prepay service payments. Prompt payment discounts only apply to the outright purchase of equipment or supplies by the Eligible Entity and rental agreements.

Pricing For equipment under a Term Lease or Rental, no escalation in the amount of the lease, rental or maintenance payments will be permitted for the length of the term lease or rental. Any increased percentage (%) off or decreased suggested retail price which results in a cost decrease is encouraged at any time during the term of the contract but must be reviewed and accepted by the OSD Contract Manager and SST prior to implementation. Once approved, the cost decrease must be made available to all Eligible Entities.

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 A number of environmental product or service specifications have been designated as either mandatory or desirable for the Product/Service category by the EPP Program through EO 515 and can be viewed in the Minimum Environmentally Preferable Products and Services Specifications Guide HERE.

All statewide and executive department contracts are required to use these standards, unless otherwise noted in the RFR.

Desirable Environmental Specifications Bidders are encouraged to offer battery powered equipment options through Category 8 when available.

Bidder Current Environmental Practices Form Bidders must complete this form, “FAC116 EPP Plan 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 [FAC116 EPP Plan] to their Quote detailing a commitment to action contingent upon receipt of a Contract award.

Compensation Structure/Pricing Compensation will be based solely on the pricing submitted by the Bidder and accepted by the SST. Pricing must be submitted for all goods and services to be provided on this Statewide Contract. Pricing will be published on COMMBUYS. Bidders will submit their pricing in the following formats:

Equipment Pricing for equipment on FAC116 will be based on a discount percentage off of Manufacturer’s Suggested Retail Price MSRP or Contractor list pricing. Any Eligible Entity may request a copy of the current MSRP or Contractor list price to use as a reference when quoting off of the contract. Contractors must comply with requests for reference files and provide them to the Eligible Entity.

Service/Labor/Repair Pricing for Services (Labor/Repair) on FAC116 will be ceiling based, hourly rates, meaning that the price is the maximum the Contractor may charge an Eligible Entity per hour. Awarded Contractors are encouraged to offer additional discounts when available and Eligible Entities are always encouraged to shop around to get the best pricing possible. Awarded Contractor price files will be available for download from COMMBUYS. The Commonwealth and the FAC116 SST reserve the right at any time to modify the structure of pricing or price files on contract if it is in the best interests of the Commonwealth.

COMMBUYS Setup When obtaining quotes or purchasing under this contract, COMMBUYS will have a Master Contract MBPO that will contain all applicable contract documents including, but not limited to, the RFR, Contract User Guide and vendor price files. For each category of the contract, there will be a Solicitation Enabled MBPO which will be used for obtaining quotes and additionally, each vendor will have an MBPO to use for purchases from that vendor.

Volume purchase discounts (VPD) A bidder may receive additional evaluation points if the bidder offers a volume purchase discount percentage (%) off based upon the total dollar size or a total quantity size for an order with one delivery location.

Dock Delivery Discounts (DDD) A bidder may receive additional evaluation points if the bidder offers a dock delivery discount equal to or greater than 2%. If dock delivery is exercised by the eligible entity, then the discount must be reflected on the invoice upon billing.

Services Services under this contract are defined as maintenance and repair activities.

Hourly or Fixed-price…