FAC117 RFR final.pdf

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

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Integrated Pest Management

Agency Document Number: FAC117

COMMBUYS Bid#: BD-22-1080-OSD03-SRC3-68437

12.16.2021

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.

https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE <Integrated Pest Management>

Revision History

Version Number

Date Author Brief Description

1.0 12/16/2021 JCurry Initial release

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

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 BACKGROUND INFORMATION

1.3 ESTIMATED PROCUREMENT CALENDAR

1.3.1 SUBMISSION OF BID QUESTIONS

1.3.2 BID AMENDMENT DEADLINE

1.3.3 BIDDERS CONFERENCE

1.3.4 LATE BIDS WILL NOT BE CONSIDERED

1.3.5 DEBRIEFING

1.4 ADDITIONAL BID INFORMATION

1.4.1 ANTICIPATED CONTRACT DURATION:

1.4.2 PERFORMANCE AND PAYMENT TIME FRAMES WHICH EXCEED CONTRACT DURATION

1.4.3 ESTIMATED VALUE OF THE CONTRACT

1.4.4 ESTIMATED NUMBER OF AWARDS

1.4.5 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.4.6 ACQUISITION METHOD(S):

1.4.7 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 BIDDER QUALIFICATIONS

2.1 COMPANY EXPERIENCE

2.1.1 BUSINESS BACKGROUND

2.1.2 ORGANIZATIONAL CHART

2.1.3 SERVICE CAPABILITY

2.1.4 NIGHT INSPECTIONS

2.1.5 GEOGRAPHIC SERVICE

2.1.6 STATEWIDE AND REGIONAL AWARDS

2.1.7 PESTICIDE RISK REDUCTION

2.1.8 REGULATIONS

2.1.9 SPECIAL CONDITIONS

2.1.10 PESTICIDE APPLICATIONS

2.2 EMPLOYEE AND/OR BUSINESS TECHNICAL/BUSINESS EXPERIENCE, CERTIFICATIONS, LICENSES 6

2.3 EMERGENCY RESPONSE CAPABILITIES

2.4 FINANCIAL STABILITY INCLUDING BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

2.4.1 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

2.4.2 DEFAULTS ON CONTRACTS

2.4.3 INSURANCE

2.5 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

3 SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

3.1 SERVICE SPECIFICATIONS

3.1.1 PESTS INCLUDED

3.1.2 ABILITY TO DEVELOP AN IPM PLAN

3.1.3 REQUIREMENTS AT STATEWIDE CONTRACT OR ENGAGEMENT TERMINATION

3.1.4 CATEGORY 1 INTEGRATED PEST MANAGEMENT SERVICES SCOPE

3.1.5 CATEGORY 2 SCHOOL INTEGRATED PEST MANAGEMENT SERVICES SCOPE

Table of Contents Page ii

3.1.6 CATEGORY 3 SINGLE USE SERVICE SCOPE

3.1.7 PEST MANAGEMENT COORDINATORS

3.1.8 EMERGENCY AND SERVICE CALL RESPONSE TIME

3.1.9 INITIAL ASSESSMENT

3.1.10 IPM PLAN

3.1.11 SERVICE REPORTS

3.1.12 QUARTERLY SERVICE REPORTS

3.2 TRAINING

3.3 GEOGRAPHIC COVERAGE

3.4 ORDERING AND QUOTES

3.5 ENVIRONMENTAL SPECIFICATIONS

3.5.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

3.5.2 REQUIRED ENVIRONMENTAL SPECIFICATIONS

3.5.3 ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES

3.5.4 BIDDER CURRENT ENVIRONMENTAL PRACTICES FORM

3.5.5 ENVIRONMENTAL PLAN

3.6 COMPENSATION STRUCTURE/PRICING

3.6.1 EMERGENCY SERVICE PRICING

3.6.2 COST TABLES

3.6.3 PRICE ADJUSTMENTS

3.6.4 NO PRE-PAYMENTS

3.6.5 PROMPT PAY DISCOUNT

4 SUPPLIER DIVERSITY PLAN (SDP)

5 EVALUATION CRITERIA

5.1 MANDATORY REQUIREMENTS

5.2 DESIRABLE SPECIFICATIONS

5.3 EVALUATION COMPONENTS

5.4 BEST VALUE SELECTION AND NEGOTIATION

6 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

6.1 ELECTRONIC SIGNATURES

6.2 ACCEPTABLE FORMS OF SIGNATURE

6.3 LIMITS AND RESTRICTIONS

6.3.1 FILE FORMAT RESTRICTIONS

6.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

6.4.1 QUOTE CONTENT

6.4.2 NON-COLLUSION

6.4.3 MULTIPLE QUOTES

6.4.4 MINIMUM QUOTE DURATION

6.4.5 BIDDER’S CONTACT INFORMATION

6.4.6 OWNERSHIP OF SUBMITTED QUOTES

6.4.7 PROHIBITIONS

6.4.8 PUBLIC RECORDS LAW

6.4.9 REASONABLE ACCOMMODATION

Table of Contents Page iii

7 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

7.1 REQUIRED FORMS

7.2 USE OF COMMBUYS

7.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

7.3.1 CHANGES TO CONTRACTOR’S INFORMATION

7.3.2 CONTRACTOR ACCOUNT TEAM

7.3.3 ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES

7.4 PERFORMANCE MEASURES

7.4.1 MINIMUM AMOUNT OF BUSINESS WITH THIS CONTRACT

7.4.2 CONTINUED QUALIFICATION BASED ON PERFORMANCE

7.4.3 RESTRICTIONS ON STATEWIDE CONTRACT USE OR IDENTIFICATION OF SIMILAR STATEWIDE

CONTRACTS

7.4.4 SECURITY AND CONFIDENTIALITY

7.4.5 CONTRACT MANAGEMENT (CONTRACTOR’S INTERFACE WITH COMMONWEALTH’S CONTRACT

MANAGER)

7.4.6 ORDERS (CONTRACTOR’S INTERFACE WITH COMMONWEALTH AGENCIES)

7.4.7 ALTERNATIVES

7.4.8 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

7.5 ADDING ADDITIONAL CONTRACTORS

7.6 REPORTING REQUIREMENTS AND DUE DATES

7.6.1 REPORTING AND PAYMENT DUE DATES

7.6.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

7.6.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

7.6.4 AUDIT

7.6.5 OTHER TERMS

7.6.6 AD HOC REPORTS

7.7 PAYMENT RELATED TERMS

7.7.1 BILL PAYMENT

7.7.2 LATE PAYMENT FEES

7.7.3 ELECTRONIC FUNDS TRANSFER (EFT)

7.7.4 CREDITWORTHINESS

7.7.5 TAX EXEMPTION

8 RFR APPENDICES

8.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

8.1.1 APPLICABLE PROCUREMENT LAW

8.1.2 GENERAL PROCUREMENT INFORMATION

8.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

8.2 APPENDIX 2 - INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

9 GLOSSARY

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

Integrated Pest Management (IPM) is a process for achieving long term, environmentally preferable pest control through the use of a wide variety of management practices. This pest control program shall include a combination of pest monitoring, good sanitation practices, education, and appropriate solid waste management, building maintenance, cultural pest control measures, mechanical pest control measures and biological pest controls.

Chemical pesticides may only be used as a last resort, and when used as part of an Integrated Pest Management Plan (IPM Plan). Additional measures will be taken to ensure communication between the contractor and building management whenever applied pesticide formulations and use patterns are considered to pose appreciable potential for human exposure.

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 SWC# FAC92. The Contract will also be available for use by other Eligible Entities. 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 Commonwealth of Massachusetts and the Integrated Pest Management Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Integrated Pest Management in the following three categories:

Category 1 Integrated Pest Management

Category 2 School and other Child Care Facilities Integrated Pest Management

Category 3 Single Use Service

1.2 Background information

The Commonwealth of Massachusetts requests qualified bidders to provide services for Integrated Pest Management Services, School Integrated Pest Management Services and Single Use Services to eligible entities within the fourteen (14) counties identified on the Geographic Coverage listing. It is essential that bidders provide Eligible Entities with reliable services throughout the term of the Contract.

Executive Order 403 is an Executive Order established in 1998 requiring all state agencies to adopt and implement Integrated Pest Management (IPM) programs in all facilities owned or managed by the Commonwealth. In addition, the Children and Families Protection Act of 2000 (333 CMR 14.00) requires all Massachusetts schools, daycare centers and school age child care programs to implement a School IPM Program in order to comply with of the Act, which is designed to reduce the exposure of children to pests and pesticides. The resulting contract will provide a comprehensive list of pre-qualified vendors from whom Eligible Entities can engage to develop customized Integrated Pest Management Plans.

Similar or related services may be added to the Contract during the life of the Contract by mutual agreement between an awarded Contractor and the OSD SST if it is in the best interest of the Commonwealth to do so.

The SST reserves the right to add other services which it deems necessary or alter the scope of proposed services due to new legislation/regulations or for related identified needs at any time during the life of the contract.

1.3 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure 11/12/2021 http://www.mass.gov/courts/docs/lawlib/eo400-499/eo403.txt https://www.mass.gov/doc/333-cmr-14-protection-of-children-and-families-from-harmful-pesticides/download

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 2

Bid Release Date 12/16/2021

Bidders Conference webinar 1/7/2022 10-11:15 am https://attendee.gotowebinar.com/reg ister/1763379575887035152

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

1/10/2022

Official answers for Bid Q&A published (Estimated)

1/13/2022

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

Dates and Times Available:

https://www.mass.gov/doc/vendor-training-schedule/download

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.

Bid Amendment Deadline. Online Quote submission begins. Bid documents will not be amended after this date.

1/13/2022

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

2/15/2022 Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

3/10/2022

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

4/1/2022

*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.

https://attendee.gotowebinar.com/register/1763379575887035152 https://attendee.gotowebinar.com/register/1763379575887035152 https://www.mass.gov/doc/vendor-training-schedule/download https://www.mass.gov/doc/vendor-training-schedule/download https://www.screencast.com/t/GMJLKkilF12 https://www.mass.gov/doc/vendor-training-schedule/download

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 3

1.3.1 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 Bidder’s 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.

1.3.2 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.

1.3.3 Bidders Conference

The Bidders Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information. All questions related to the scope and technical requirements should be submitted using the Bid Q and A module in COMMBUYS.

Attendance is optional. Please refer to the Bidders 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. To register for the Bidders Conference please follow this link:

https://attendee.gotowebinar.com/register/1763379575887035152

1.3.4 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.

1.3.5 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.

1.4 Additional Bid Information

1.4.1 Anticipated Contract Duration:

The initial term of this Contract is four (4) years. In addition, this Contract has one (1) option to renew of up to three (3) years with a maximum possible contract duration of seven (7) years.

https://attendee.gotowebinar.com/register/1763379575887035152

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 4

1.4.2 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 6 (six) 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. 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.

1.4.3 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $4.7 M. 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 Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY19, FY20 and Q1 FY21.

1.4.4 Estimated Number of Awards

The total target maximum number of Contractors inclusive of all categories is thirty (30). For a Bidder to be awarded Category 3 (Single Use Service), they must also bid on and be awarded Category 1 and/or Category 2.

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 and compliance with reporting requirements.

1.4.5 Adding Contractors after initial Contract Award

If, over the life of the Contract, the SST determines that additional Contractors should be added 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.

If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional responses. The SST also reserves the right to suspend the review of additional submissions for specific regions or close the Bid for new responses entirely if it deems that the number of Contractors awarded at that point adequately meets the needs of eligible entities.

1.4.6 Acquisition Method(s):

Check All

Applicable (“X”):

Category

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other:

1.4.7 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

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 5

• 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.

2 BIDDER QUALIFICATIONS

2.1 Company experience

2.1.1 Business background

A firm profile providing company details must be submitted with the bid response, providing information such as company experience, number of years in business, number of employees, and a brief description of available services as it relates to this RFR.

2.1.2 Organizational chart

Bidders must include with their bid response an organizational chart identifying the company’s key personnel.

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

2.1.3 Service Capability

Contractors must be able to service a facility of any size, from individual buildings of various sizes to entire campuses with multiple buildings. Bidders are required to address any pest covered by the contract, except for the following desirable categories:

• Treatment of pests damaging to landscaping elements, including but not limited to lawns, trees, shrubs, plants and flowers, including preventative treatments prior to infestation problems is also included, if necessary at any location.

2.1.4 Night Inspections

It is mandatory that Bidders have the ability to provide inspections not only during the day but also at night.

To demonstrate this ability, Bidders must include at least 1 customer who receives such night inspections as one of their References.

2.1.5 Geographic service

Contractors awarded for specific regions may only service the regions in which they were awarded under the contract, unless otherwise approved by the OSD Contract Manager.

2.1.6 Statewide and Regional Awards

Awards on this contract will be made on a regional and statewide basis. Bidders may bid in any number of regions.

2.1.7 Pesticide Risk Reduction

The SST reserves the right to issue additional guidance and/or requirements regarding pesticide risk reduction. Contractors will receive reasonable notice of and will be provided an opportunity to comment on any such guidance and/or requirements.

2.1.8 Regulations

All pesticide applications shall be made in accordance with MA Pesticide regulations, 333 CMR, and any subsequent revisions, if applicable as in effect from time to time, the Massachusetts Pesticide Control Act 132b CMR, the Federal Insecticide, Fungicide and Rodenticide Act, MA Department of Fish and Wildlife Regulations and applicable federal and state Right-to-Know laws.

2.1.9 Special Conditions

Commonwealth Facilities are smoke-free facilities, and smoking is not permitted anywhere on the grounds.

Contractors must ensure that any worker or technician assigned to work at these locations is fully educated as to that facility’s regulations and rules.

Some facilities (such as hospitals) will not permit any chemical containing latex to be used in certain areas https://www.mass.gov/files/documents/2016/10/xb/eligible.xlsx https://www.mass.gov/law-library/333-cmr

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 6 due to the fact that certain individuals (patients) experience severe allergic reactions to latex based or containing products. Contractors must discuss this issue with the facility manager before using any of these products.

2.1.10 Pesticide Applications

Pesticide applications will not be made on a routine or periodic basis without first having completed the following fundamental actions as part of the adoption and implementation of Integrated Pest Management (IPM) at the facility:

• Established the presence of an actual pest problem;

• Completed proper pest identification;

• Considered available reduced risk pesticides and methods of application that limit human exposure;

All pesticides used must either be registered for use by both the U.S. Environmental Protection Agency (EPA) and the Massachusetts Department of Agricultural Resources or exempt from registration due to their status as minimal risk pesticides (FIFRA 25B).

Only the following approved pesticides may be used, unless the building manager provides permission as outlined further below. Approved products include:

• Insecticidal baits either in tamper resistant bait stations or when applied in inaccessible locations (such as crawl spaces) or sites (such as cracks and crevices, behind appliances, etc.)

• Ready-to-use dusts, powders and other dry formulations of insecticides applied in inaccessible locations (such as crawl spaces) and sites (such as cracks and crevices, behind appliances, etc.)

• Rodenticide baits placed in tamper resistant bait stations or in inaccessible locations (such as crawl spaces) and sites (such as cracks and crevices, behind appliances, etc.)

Permission to use non-approved pesticides must be given in writing on a case-by-case basis by the facility manager. Blanket approvals will not be allowed. Contractors must keep a record of the request and approval, along with the rationale for need, whenever a non-approved product is applied. The retention time for these records shall be three (3) years.

2.2 Employee and/or business technical/business experience, certifications, licenses The Bidders must have:

• Valid Commercial Pesticide Applicator (core) License for all staff performing pesticide application

• An Associate Certified Entomologist or Board Certified Entomologist on staff or subcontractor for pest identification is a mandatory requirement

• Valid Commercial General Pest Control Certification State Code 41 issued by Massachusetts

Department of Agricultural Resources

It is desirable that in addition to the above certifications that staff involved in performing services under this contract also have:

• Valid Commercial Certification Number issued by Massachusetts Department of Agricultural

Resources: Code 43 (Termite and Structural Pest Control), PAC License issued by Division of Fisheries and Wildlife for Problem Animal Control, Valid Commercial Certification Number Code 44 (Vertebrate Pest Control) issued by Massachusetts Department of Agricultural Resources is Mandatory for Category 3, Code 37 (Turf) )

2.2.1.1 Company affiliations

It is desirable that the bidders are a part of a Pest Management Association, i.e. National Pest Management Association, New England Pest Management Association etc.

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

https://www.epa.gov/minimum-risk-pesticides

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 7

2.3 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 commodities and/or services under the Statewide Contract on a priority basis. The Bidder’s Quote should include the following:

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

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

• A list of the Bidder’s building location (s) that would be available to serve the Commonwealth during an emergency.

• A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region).

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

2.4 Financial stability including bankruptcy, litigation, and contract defaults

2.4.1 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.

2.4.2 Defaults on contracts

The Bidder shall provide a description, in detail, of any situation in which the Bidder’s firm (either alone or as part of a joint venture), or a subsidiary of the Bidder’s firm, defaulted or was deemed to be in noncompliance of any contractual obligations, explaining the situation, its outcome and all other relevant facts associated with the event described.

2.4.3 Insurance

All Contractors and applicable subcontractors must maintain appropriate levels of insurance as determined by the SST. Bidder must use the Bidder Response Sheet to provide evidence of compliance with this requirement.

Certificate(s) of insurance must be available upon request. The SST reserves the right to require specific insurance levels for one or more service categories of this contract. It is mandatory that Bidders maintain Commercial Liability Insurance [General and Auto] or equivalent corporate guarantee for accidents and other emergencies, with limits of not less than $1,000,000 per occurrence and $1,000,000 aggregate; Bidders must also maintain Property Insurance, Personal Injury Insurance, and Workers Compensation, as well as any other insurance required by applicable laws. Please note that these are minimum insurance requirements and that eligible entities may require additional insurance when requesting quotes for Integrated Pest Management Services.

2.5 References and reference information and/or requirements

At a minimum three (3) references MUST be submitted with the bid response with at least 1 reference from public entities or institutions of higher education and at least 1 reference receiving night inspection service. .

2.5.1.1 Background/CORI check requirements

When applicable, user agencies reserve the right as part of the contract to require background CORI checks for contractors/employees. The information contained in the CORI check is confidential by law. All employees who would be able to access names or other personal identifiers must be approved by Department of Criminal Justice Information Services (DCJIS) as eligible to handle criminal offender information (CORI clearance). Eligible Entities may also require additional security screening.

2.5.1.2 Security

Based on applicable security laws, regulations and policies, Eligible Entities reserve the right to require the Contractor to comply with a range of additional requirements or standard operating procedures. Contractors must comply with such security requirements at no charge to the Eligible Entity. Contractors must comply

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 8 with all security protocol and requirements of the Eligible Entities including but not limited to additional requirements as needed by the individual entities.

3 SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

3.1 Service Specifications

All work will be done according to the following specifications:

3.1.1 Pests Included

The following pests are included within the scope of this contract for Category 1 (Integrated Pest Management) and Category 2 (School Integrated Pest Management):

• Rats;

• Mice;

• Cockroaches;

• Incidental/occasional invaders entering from out-of-doors;

• Pantry pests such as Indian meal moths;

• Birds, bats, snakes, cats, raccoons, skunks and all other vertebrates other than rats and mice;

• Termites and other wood destroying insects;

• Fleas and ticks;

• Other arthropod pests not specifically excluded from the contract.

All such species found within the structure of the building are covered within the scope of this contract. Populations of these pests that are located immediately outside of the specified buildings and pose a possible infestation problem to the specified buildings are also included. Treatment of pests damaging to landscaping elements, including but not limited to lawns, trees, shrubs, plants and flowers, including preventative treatments prior to infestation problems is also included, if necessary at any location. Contractors may be asked to evaluate a facility and identify areas where fly control is mandatory (this would mainly occur at hospitals and medical facilities) and, when determined appropriate, undertake or recommend an intervention, whether chemical or non-chemical.

The following pest and diseases are included within the scope of this contract for Outdoor Turf and Landscape Integrated Pest Management. This service is to be used in conjunction with Category 1 (Integrated Pest Management) and Category 2 (School Integrated Pest Management) and cannot be used as a standalone service. For Outdoor Turf and Landscape Integrated Pest Management Services as a standalone service, use FAC103 Landscaping Services, Tree Trimming, Catch Basin Cleaning, Snow Removal and Related Services Statewide Contract or its replacement contract.

This contract covers the management of all pests and diseases designated by the Eligible Entity in the scope of work, including but not limited to:

• Japanese beetle

• Oriental beetle

• Masked chafer

• European chafer

• Asiatic garden beetle

• May beetle

• Black turfgrass ataenius

• Annual bluegrass weevil

• Bluegrass billbug

• Chinch bug

• Sod webworm, cutworm

• Various species of ants

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 9

• Gray snow mold

• Pink snow mold

• Rusts

• Red thread / Pink patch

• Dollar spot

• Summer patch

• Brown patch

• Fairy ring

3.1.2 Ability to develop an IPM Plan

Bidders must be able to develop all necessary documentation associated with providing an IPM program including but not limited to those listed in RFR Section 3.1, Service Specifications.

In order to demonstrate such ability, Bidders must submit an Initial Inspection Report, as well as an IPM Plan, for review as part of their response. The Initial Inspection Report and IPM Plan should be from a current job. The purpose of the submissions is to obtain an overview of the bidder's understanding of IPM and the bidder's IPM approach to pest control.

Bidders should also take care not to include elements in their submissions which are contradictory to the terms of the RFR.

The SST has included guidance documents, as referenced in section 3.1.8 of the Request for Response, for writing Initial Inspection Reports and IPM Plans to be followed when writing these documents throughout the life of the contract. During the life of the contract, the SST reserves the right to require Contractors to provide specific Eligible Entities’ IPM plans for SST review.

For bidders bidding on Category 2, School Integrated Pest Management, bidders must submit an Inspection Report and School IPM Plan.

3.1.3 Requirements at Statewide Contract or engagement termination In cases where the Eligible Entity is changing Contractors, after the expiration or termination of this contract, or after the expiration or termination of any service agreement based on this contract, the Contractor must ensure the continuity of pest management services needed for the Eligible Entity’s facility operation. The Contractor must agree to work with the Eligible Entity and any other applicable organizations to provide personnel and services in a manner that would ensure that the operations of the Eligible Entity’s facility are not disrupted.

3.1.4 Category 1 Integrated Pest Management Services Scope

Services in this category include but are not limited to Integrated Pest Management Plans. The Contractor must furnish all supervision, labor, materials and equipment necessary to accomplish the surveillance, trapping, and pesticide application components of the pest control program. The Contractor must also provide site-specific recommendations for structural and management changes necessary to achieve pest prevention. The contractor will also provide education services related to pest control for building staff and occupants. This category will also include the optional service of outside turf and landscape Integrated Pest Management services. It is desirable that the bidding contractors offer both Indoor Integrated Pest Management and Outdoor Turf and Landscaping Integrated Pest Management Services. The outdoor turf and landscape Integrated Pest Management Services can be subcontracted.

3.1.4.1 Bidder Certifications

• Valid Commercial Pesticide Applicator (core) License for all staff performing pesticide application

• An Associate Certified Entomologist or Board Certified Entomologist on staff or subcontractor for pest identification is a mandatory requirement

• Valid Commercial General Pest Control Certification State Code 41 issued by Massachusetts

Department of Agricultural Resources

• Valid Commercial Certification Number Code 43 (Termite and Structural Pest Control) issued by Massachusetts Department of Agricultural Resources is Mandatory for Termite treatment.

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3.1.5 Category 2 School Integrated Pest Management Services Scope Services in this category are limited to School Integrated Pest Management Services. All vendors bidding on the School IPM Category must comply with all aspects of the general provisions in this RFR, in addition to complying with all provisions in the Children and Families Protection Act (333 CMR 14.00), and any subsequent revisions, if applicable. In Massachusetts all schools, daycare centers and school age child care programs are required to implement a School IPM Program in order to comply with the Act which is designed to reduce the exposure of children to pests and pesticides.

The School IPM Program requirements can be found at http://www.massnrc.org/ipm.

Before conducting any pesticide related work in schools, daycare centers and school age child care programs, pesticide applicators must:

• Ensure that the appropriate IPM Plan is on file with the Massachusetts Department of Agricultural Resources

(MDAR).

• Provide administrators with standard written notification information including:

o a notification form o a consumer information bulletin o appropriate pesticide fact sheets

• Follow appropriate notification procedures before any pesticide applications are done outdoors on school property.

• Not use pesticides listed on Massachusetts Department of Agricultural Resources (MDAR)’s “Pesticides not Allowed” list.

• The only pesticides eligible for use indoors on school property are:

o Anti-microbial pesticides o Rodenticides placed in tamper resistant bait stations or placed in areas inaccessible to children and the general public o Ready-to-use dust, powder or gel formulations of insecticide applied in areas inaccessible to children and the general public o Insecticidal baits placed in tamper resistant bait stations or in areas inaccessible to children and the general public o Termiticides used only in the presence of an active termite infestation and when non-chemical pesticide alternatives have been determined to be ineffective.

o Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40

CFR 152.25.

• Only the following pesticide products can be used on outdoor grounds:

o Pesticides used as part of the facility's IPM Plan;

o Pesticides which are not classified as known, likely or probable human carcinogens;

o Pesticides which do not contain any inert ingredients of toxicological concern; and o Pesticides that are applied for reasons other than purely aesthetic purposes. (HOWEVER, a municipality can decide to allow the use of pesticides for aesthetic purposes on outdoor grounds).

• Specific to Outdoor Application of Pesticides:

o Pesticides cannot be applied on the outdoor property while children are located in, on, or adjacent to the area of pesticide application.

o When a pesticide is to be applied outdoors, the school administration, day care center operator, or school child care program operator must ensure that employees, pupils or supervised children and their guardians receive standard written notification at least two working days before pesticides are to be applied to the property. Standard Written Notification includes the following information:

o Approximate dates when the application shall commence and conclude;

o Specific location of the application;

o Product name, type and EPA Registration number of the pesticide;

o A Massachusetts Pesticide Bureau Fact Sheet;

o A description of the purpose of the application and o A Massachusetts Pesticide Bureau approved statement describing ways to minimize exposure and precautions to be taken.

• This information can be obtained from the pesticide applicator. The notification must also be posted in a common area of the facility at least two working days before the outdoor application is to commence and at least 72 hours after the application. Treated areas will be posted with clear and conspicuous warning signs along the perimeter.

https://www.mass.gov/doc/333-cmr-14-protection-of-children-and-families-from-harmful-pesticides/download http://www.massnrc.org/ipm http://www.massnrc.org/ipm/schools-daycare/ipm-tools-resources/school-property-chemicals.html http://www.massnrc.org/ipm/schools-daycare/ipm-tools-resources/school-property-chemicals.html

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• Standard written notification must be posted in a common area of its facility at least two working days before and three days after the outdoor pesticide application. Treated areas will be posted with clear and conspicuous warning signs along the perimeter in accordance with regulations promulgated by the Department of Food and Agriculture governing indoor and outdoor pesticide applications at schools.

• A written or electronic record of any pesticide application made at a school in the commonwealth shall be maintained on site for a period of not less than five years, and shall be made available to the public upon request.

If requesting an Emergency Waiver, which is the only way a school can waive the requirements of the Act in order to protect children in the event of an emergency pest problem (one that poses an immediate threat and when no viable alternative to the use of pesticides exists), an Emergency Waiver form must be filled out and submitted to Massachusetts Department of Agricultural Resources (MDAR). Although the law provides for schools to apply for an emergency waiver the Department encourages schools to communicate with the Board of Health regarding these matters particularly in the case of public schools. It is recommended that schools work closely with their local public health authorities and pest management professional (PMP) to carefully consider each pest situation individually since no blanket approvals will be given. The Act requires the use of Integrated Pest Management or IPM, which focuses on prevention strategies to minimize and/or eliminate the need for such emergency waivers.

3.1.5.1 Bidder Certifications

• Valid Commercial Pesticide Applicator (core) License for all staff performing pesticide application

• An Associate Certified Entomologist or Board Certified Entomologist on staff or subcontractor for pest identification is a mandatory requirement

• Valid Commercial General Pest Control Certification State Code 41 issued by Massachusetts Department of

Agricultural Resources

• Valid Commercial Certification Number Code 43 (Termite and Structural Pest Control) issued by Massachusetts

Department of Agricultural Resources is Mandatory for Termite treatment.

3.1.6 Category 3 Single Use Service Scope

This category is not to be used in place of an Integrated Pest Management (IPM) Plan. For a Bidder to be awarded Category 3 (Single Use Service), they must also bid on and be awarded Category 1 and/or Category 2. This category is to be used on a limited basis when an IPM plan does not apply. If a Single Use Service is provided, the vendor is required to provide the Entity with a recommended IPM plan.

Services in this category are limited to:

• Problem Animal Control to include:

o Birds, bats, snakes, cats, raccoons, skunks, geese, and all other vertebrates other than rats and mice.

• Stinging Insects

• Occasional emergency use for Bed Bug eradication.

3.1.6.1 Bidder Certifications

• Valid Commercial Pesticide Applicator (core) License for all staff performing pesticide application

• An Associate Certified Entomologist or Board Certified Entomologist on staff or subcontractor for pest identification is a mandatory requirement

• Valid Commercial General Pest Control Certification State Code 41 issued by Massachusetts Department of Agricultural Resources

• PAC License issued by Division of Fisheries and Wildlife for wildlife removal

• Valid Commercial Certification Number Code 44 (Vertebrate Pest Control) issued by Massachusetts

Department of Agricultural Resources for using pesticides for wildlife control

• Valid Commercial Certification Number Code 43 (Termite and Structural Pest Control) issued by

Massachusetts Department of Agricultural Resources for Termite treatment.

3.1.7 Pest Management Coordinators

• Bidders must designate at least one person on their staff to serve as a Pest Management Coordinator. The Pest

Management Coordinator is the person who is directly responsible for the quality of all services provided under the contract and who must sign off on the IPM plans presented by the Contractor to Eligible Entities.

• Bidders may designate multiple Pest Management Coordinators if needed. The Pest Management Coordinator may or may not be the same individual as the Contractor’s Account Manager designated in accordance with RFR Section 3.7.6, Contract Management.

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• Bidders may hire a consultant to be the Pest Management Coordinator. The consultant will be required to comply with the same requirements of the RFR as Contractor staff.

3.1.8 Emergency and Service Call Response Time

3.1.8.1 Emergency Calls

Bidders must respond to emergency calls within two (2) hours.

3.1.8.2 Service Calls

Bidders must respond to non-emergency calls within twenty four (24) hours, and weekend / holiday calls on the following business day.

3.1.9 Initial Assessment

The Contractor must conduct a thorough initial inspection of each building or site within the agreed upon number of working days after the effective date of a contract/agreement with a facility/department. Upon obtaining a contract for a facility, the Contractor must do an assessment of the facility as it relates to pest control. A written Assessment Report must be produced by the staff that conducted the initial inspection and be filed with the facility manager/designated person which lists pests present in the facility, extent of infestation, and activities and conditions in the building which are contributing to existing and potential pest problems. The report must also contain suggestions for IPM remediation. This solicitation contains a guidance document on writing Initial Assessment Reports.

3.1.10 IPM Plan

Within 30 days of conducting the Initial Inspection, the Contractor must present an IPM Plan to the facility manager for approval. The plan shall include details concerning: 1) training of facility staff, contractors and occupants 2) frequency of technician visits and the activities which they will perform 3) a description of the pest monitoring program. If an Eligible Entity already has an IPM plan, the Contractor must review and update it within 30 days of conducting the Initial Inspection.

IPM Plans must be produced or updated by the staff that conducted the initial inspection and be signed off on by the Pest Management Coordinator before being presented to the facility manager.

Throughout the life of the contract, the IPM Plan will be reviewed, renewed and adjusted annually, or as conditions warrant, by both the facility manager and the Pest Management Coordinator.

During the 30-day period between the Initial Assessment and the approval of the IPM Plan, the contractor will provide services according to an interim plan mutually agreed upon between the facility manager and the contractor.

For guidance on writing IPM Plan, you can refer to Massachusetts Department of Agricultural Resources School IPM Website (http://massnrc.org/ipm/pest-management.html) or Massachusetts Department of Agricultural Resource’s Integrated Pest Management Kit for Building Mangers (http://massnrc.org/ipm/docs/IPMkitforbuildingmanagers.pdf ).

3.1.11 Service Reports

After each service visit, the Contractor’s technician must file a service report with the facility manager or designated person. The report shall detail information such as: pesticides used and location applied results of monitoring (pests seen and infestation levels of those pests), description of any temporary conditions which may be contributing to pest problems and any other actions that may have been taken.

3.1.12 Quarterly Service Reports

After the initial assessment, reports must be filed with the facility manager quarterly or more frequently as necessary and detailed in the IPM Plan. Quarterly reports should describe the extent of pest control activities during the period covered and discuss results. Periodic reports should also offer recommendations on conditions and activities within the facility which contribute to the facility’s pest problems. The contractor and/or Pest Management Planner may be required to meet with the facility manager to discuss and review quarterly reports.

3.2 Training

Contractors will be responsible for providing an annual training session to facility staff, contractors and facility occupants as agreed upon between the Facility Manager and the contractor in the Management Plan. The http://massnrc.org/ipm/pest-management.html http://massnrc.org/ipm/docs/IPMkitforbuildingmanagers.pdf

RFR FAC117 COMMBUYS BID NUMBER BD-22-1080-OSD03-SRC3-68437 Page 13 contractor will also be responsible for providing additional training sessions as necessary for a mutually agreed upon additional cost.

3.3 Geographic coverage

Bidder may propose statewide (all counties) http://www.library.uml.edu/clh/Counties.html http://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm or choose one county or as many counties as desired.

If a Bidder receives an award, it must service all cities and towns in the chosen…