FAC118 RFR Amended 11-30-21~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Environmentally Preferable Cleaning Products, Programs, Equipment and Supplies Statewide Contract

Agency Document Number: FAC118

COMMBUYS Bid#: BD-22-1080-OSD03-SRC3-66742

11/30/2021

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 OSDHelpDesk@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 FAC118: Environmentally Preferable Cleaning Products, Programs, Equipment and Supplies Statewide Contract

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

REQUEST FOR RESPONSE FAC118: Environmentally Preferable Cleaning Products, Programs, Equipment and Supplies Statewide Contract

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 Multistate Environmentally Preferable Cleaning Products, Programs, Equipment and Supplies Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Environmentally Preferable cleaning products, equipment, and supplies. 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 and has the ability to be used by Connecticut, Maryland, New Hampshire, New York and Rhode Island as well as other Eligible Entities. This is a multi-state procurement, and the resulting Contract will replace Statewide Contract# FAC85.

This contract will contain only products that meet or exceed the minimum mandatory specifications as outlined in Attachment A: FAC118 Mandatory Specifications and Desirable Criteria.

The main changes from FAC85 are:

· Consolidated categories and reduced category count from 12 to 4.

· Expanded third party certifications for products containing chemicals.

· Expanded allowable active ingredients for sanitizers and disinfectants.

· Includes Personal Protective Equipment (PPE).

· Includes subcategories for Spill Supplies, Cleanup, Microfiber Washing, Disinfectant Delivery Devices and On-site Generation Units of Disinfectants and Sanitizers.

Estimated Procurement Calendar

Register at:

https://attendee.gotowebinar.com/register/6050253366595741712

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

“How to Locate and Respond to Bids in COMMBUYS” Dates and Times Available:

12/2/2021 at 10am 12/16/2021 at 1pm 1/5/2022 at 1pm 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.

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 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.

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.

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. The Bidders Conference for FAC118 will be on December 7, 2021, at 1pm EST. Bidders can register here: https://attendee.gotowebinar.com/register/6050253366595741712 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 in advance prior to the debriefing.

Additional Bid Information Anticipated Contract Duration:

The initial term of this Contract is six (6) years. In addition, this Contract has one (1) option to renew of up to two (2) years with a maximum possible contract duration of eight (8) years.

Performance and payment time frames which exceed Contract duration All term leases, rentals, maintenance, or other agreements for services entered 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 1 year 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 $15M annually. 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 FY 2019 and FY 2020.

Estimated Number of Awards The SST intends to make 10 or more awards with a goal of providing Massachusetts and as well as all participating states with a minimum of two (2) contractors, unless the SST determines that additional contractors are necessary to provide sufficient services to the Commonwealth and participating states.

Contract renewals (if exercised) 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 to meet the requirements of the Commonwealth and participating states, 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

The Commonwealth of Massachusetts and the Multistate Environmentally Preferable Cleaning Products, Programs, Equipment and Supplies Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Environmentally Preferable cleaning products and equipment in the categories outlined below in Section 2.1.

Commodity Specifications Commodity specifications for all categories identified within this RFR are available in Attachment A: FAC118 Mandatory Specifications and Desirable Criteria of this bid on COMMBUYS www.commbuys.com . The Categories listed reflect those products most often purchased by Commonwealth and other participating state entities and includes a number of “mandatory” products (that Bidders are required to provide) and a list of “desirable” products (from which Bidders are asked to supply as many as possible).

In order for a Bidder’s products to be considered for a contract award, bidders must comply with the specifications indicated in Attachment A: FAC118 Mandatory Specifications and Desirable Criteria. Bidders must be able to offer the mandatory products indicated within each section in order to be considered responsive to this bid. It is also desirable that Bidders provide products from more than one manufacturer and as many products as possible that are listed as “desirable.”

This ensures that contract customers have the ability and convenience of purchasing multiple cleaning items from one supplier in order to reduce administrative costs and the number of deliveries, in addition to working toward establishing a strong contractor/customer relationship focused on providing assistance in the transition to green products and practices and implementing a green cleaning program.

The SST reserves the right to add other products during the contract term that may meet the specifications of the RFR if such products represent the best interest of the Commonwealth and the participating states.

Bidders should refer to Attachment A: FAC118 Mandatory Specifications and Desirable Criteria for a full list of products and their minimum mandatory requirements. The table below is a reference to some of the most frequently used products.

Dispensing Equipment Bidders are encouraged to provide and install dispensers free of charge and should provide information in the bidder response form regarding their offering. This includes dispensing units for hand soap, sanitizers, and janitorial paper products.

Toxics in Packaging It is desirable that bidders offer packaging that complies with CONEG’s Toxics in Packaging Guidelines in addition to California’s Proposition 65 warning for cancer or reproductive toxicity..

Procurement Exclusions This contract will contain only products which are environmentally preferrable and meet or exceed the specifications outlined in Attachment A: FAC118 Mandatory Specifications and Desirable Criteria. The below list outlines some of the products which are available on other statewide contracts and are excluded from sale under this contract:

· Office paper/supplies (OFF47 - Office Supplies, Recycled Paper and Envelopes Statewide Contract)

· Custodial/Janitorial Services (FAC114 - Janitorial Services, Environmentally Preferable Statewide Contract)

· Public Safety Equipment (except for PPE) (FIR04 - Public Safety Equipment, Supplies, Services and Repairs Statewide Contract)

· Furniture (OFF38 - Office, School and Library Furniture, Accessories & Installation Statewide Contract)

· Clothing (CLT08 - Clothing, Uniforms, Footwear, Accessories, Personal Care Products and Bedding Statewide Contract)

· Sharps and Medical Waste Disposal Equipment (FAC110) Bidder Qualifications Bidders must meet all the qualifications as stated within this RFR and respond to all specifications requiring a response with respect to the Bidder’s company, rather than referencing the experience and qualifications of the Bidder’s partner(s), parent company, or subsidiary company(ies), unless otherwise specified.

Company experience Years in the industry of the Bid Bidders must have been in the business of providing Environmentally Preferrable Cleaning Products for at least the three (3) 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 three (3) 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.

Employee and/or business technical/business experience, certifications, licenses Bidders must describe their organizations capabilities and certifications within Attachment B: Bidder Response Form (Green Cleaning Program Support tab).

Bidders must also be able to offer a number of no cost trainings as outlined in Section 8.2 Training, Technical Assistance and Materials.

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 be entered into Attachment B: Bidder Response Form.

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 three (3) fiscal years (FY 2018, 2019 & 2020).

References and reference information and/or requirements It is desirable that Bidders have successfully held contracts of a similar type and magnitude and have a history of good performance. The SST reserves the right to contact any or all references to validate the information submitted. Bidders must provide references in Attachment B: Bidder Response Form.

Staff Qualifications All personnel of the awarded contractors in Categories 1 & 2 should be trained in the proper handling of chemicals, proper use and maintenance of cleaning equipment, and proper cleaning procedures. Such personnel are required to be familiar and experienced in providing guidance to customers on product use, standard operating procedures, the proper sequencing of cleaning steps, and the proper use of personal protective equipment. Contractor’s personnel should also be able to provide standard safety training in multiple languages and technical support where needed, including focusing on reducing and preventing ergonomic injuries and exposure to hazardous materials encountered by agency or department custodial staff and related personnel. Contractor’s personnel shall also work with any contractor hired by the facility to ensure that the uses of specialty items and/or new technologies are properly integrated into the Green Cleaning Management Program.

All personnel of awarded contractors for Category 4: Powered Janitorial Equipment should be trained in the proper use and maintenance of the cleaning equipment or technology for which they are awarded and have knowledge and expertise in the handling and use of any cleaning chemicals use in the operation of the equipment or technology. Such personnel are required to be familiar and experienced in providing guidance to customers on product use, standard operating procedures, the proper sequencing of cleaning steps, and the proper use of personal protective equipment (if applicable). Contractor’s personnel should also be able to provide standard safety training in multiple languages and technical support where needed, including focusing on reducing and preventing ergonomic injuries and exposure to hazardous materials encountered by agency or department custodial staff and related personnel. Finally, the awarded contractor agrees that such personnel will be trained to work in partnership with the primary contractor supplying the green cleaning chemicals and Management Program so that the equipment or technology is properly integrated into the overall green cleaning practices.

Bidders will indicate their ability to provide Green Cleaning support within Attachment B: Bidder Response Form.

Additional Terms and Conditions Connecticut Please see Attachment G State of Connecticut Participating Addendum for Cooperative Contracts V3 FAC118 for contractor terms and conditions for doing business with the state of Connecticut.

New Hampshire Please see Attachment D: NH P-37 Standard Contract Form for contractor terms and conditions for doing business with the state of New Hampshire.

New York Each and any Bidder executing an agreement with the State of New York resulting from this RFR understands and agrees to be bound by the following additional terms and conditions with respect to the State of New York and with respect to each and any Authorized User (as defined by New York State Finance Law) to whom the Bidder sells products or services under its agreement with the State of New York:

Please see Attachment F State of New York Participating Addendum, for applicable documents, including the below:

· Appendix A, Standard Clauses for NYS Contracts (October 2019)

· Appendix B, OGS General Specifications (April 2016)

· Appendix C, Federal Funding Terms and Conditions (July 2021)

· Attachment 1 – Bidder Requirements Upon Award

· Attachment 2 – NYS Required Certifications

· Attachment 3 – Encouraging Use of NYS Businesses

· Attachment 4 – Insurance Requirements

· Attachment 5 – Contractor and Reseller Information Form

· Attachment 6 – Bidder Information Questionnaire Bidder shall be responsible to New York Authorized Users for successful performance and compliance with all requirements in accordance with the terms and conditions of the RFR and the documents listed above, which shall apply to all products and services it sells to New York Authorized Users regardless of who is providing the product or performing the work.

Maryland Please see Attachment E Applicable Maryland Statutes and Regulations Jan Supplies which outlines restrictions and standards for doing business within the state of Maryland.

Rhode Island Pursuant to Section 13.19 of the State of Rhode Island General Conditions of Purchase, participating vendors shall provide to the Division of Purchases certificates of insurance coverage in the appropriate categories and amounts reflecting the State of Rhode Island as additional insured.

The State of Rhode Island General Conditions of Purchase are available at https://rules.sos.ri.gov/regulations/part/220-30-00-13

COMMODITY SPECIFICATIONS – CATEGORY 1 Cleaning, facility maintenance chemicals, disinfectants and sanitizers Commodity Specifications The products listed below are representative of the types of products contained in this category. Bidders should reference Attachment A: FAC118 Mandatory Specifications and Desirable Criteria for a full list of products and their complete specifications.

· Cleaning and Facility Maintenance Chemicals

· Disinfectants and Sanitizers COMMODITY SPECIFICATIONS – CATEGORY 2 janitorial supplies, equipment and services Commodity Specifications The products listed below are representative of the types of products contained in this category. Bidders should reference Attachment A: FAC118 Mandatory Specifications and Desirable Criteria for a full list of products and their complete specifications.

· Cleaning Supplies, Equipment and Service

· Hand soaps, hand sanitizers and personal care products

· Waste/Recycling/Composting Liners

· Entryway and other mattings systems COMMODITY SPECIFICATIONS – CATEGORY 3 Disposable janitorial paper products Commodity Specifications The products listed below are representative of the types of products contained in this category. Bidders should reference Attachment A: FAC118 Mandatory Specifications and Desirable Criteria for a full list of products and their complete specifications.

· Disposable Janitorial Paper Products

COMMODITY SPECIFICATIONS – CATEGORY 4 powered janitorial equipment, supplies and services Commodity Specifications The products listed below are representative of the types of products contained in this category. Bidders should reference Attachment A: FAC118 Mandatory Specifications and Desirable Criteria for a full list of products and their complete specifications.

· Powered Janitorial Equipment and Supplies Delivery Terms All deliveries are FOB destination, no additional freight and/or delivery charges can be added to invoicing Shipping FOB Destination. No transportation, fuel, energy, insurance, or any other surcharges will be allowed throughout the duration of the contract(s).

Training, Technical Assistance and Materials While the intent is for the individual facilities to manage the program, Bidders should be able to provide training, technical assistance and relevant materials that will enable their customers to more easily make the transition to green cleaning products and practices and track their progress and success. All bidders are required to fill out Green Cleaning Program Support Form located within Attachment B: Bidder Response Form. If there are fees associated with any of the training, technical assistance and materials, Bidders shall indicate those fees in the Green Cleaning Program Support Form located within Attachment B: Bidder Response Form and at which purchase thresholds these trainings become free of cost.

All Bidders must be capable of assisting customers with the development and implementation of a green cleaning program based on the guidelines cited in the US Green Building Council (USGBC) Leadership in Energy and Environmental Design for Existing Buildings (LEED – EB) and Green Seal’s GS-42 Standard for Janitorial Cleaning Services.

The Bidder must provide training, technical assistance, and materials on the proper use of its products and equipment lines to all Authorized Purchasers. Trainings must consist of at least one (1) training session which would include step-by-step instructions for proper dilution, use, disposal and operation of green cleaning products, and any equipment as well as precautions to be taken in case of spills and or accidents. Technical assistance and materials should be available as requested by the Authorized Purchaser. Materials must be available in multiple languages. If materials in multiple languages are not available at the time of the bid, bidders must agree to provide them within the first year of contract award.

Any training supplied by the bidder is not meant to replace the required Right to Know and/or Hazards Communication Training.

The Authorized Purchaser can request a training session to be scheduled. The bidder agrees to schedule requested training within fifteen (15) days from the date of such request or at a mutually agreed upon time. The Authorized Purchaser reserves the right to request training at their respective location/s or virtually. Failure to do so may result in the cancellation of the Contract.

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, standards, research findings or other relevant factors at any time during the life of the contract.

Desirable Training and Support It is desirable that training and support include, but not limited to:

· Conducting a facility audit, or review once or twice per year, as needed consistent with recognized cleaning system standards such as the APPA’s (formerly known as the Association of Physical Plant Administrators) “Custodial Staffing Guidelines” www.appa.org/index.cfm, Green Seal Environmental Standard for Cleaning Services (GS-42), www.greenseal.org, or the International Sanitary Supply Association (ISSA) Cleaning Industry Management Standard (CIMS), www.issa.com.

· Ongoing training either on-site or at designated sites through the contract, as needed.

· Allow piloting or testing, for the purpose of evaluating products, to help users give feedback and corrective action to using the products.

· Webinars on relevant topics.

· Be available as a green cleaning resource, if requested by an Authorized Purchaser.

Environmental issues to be included in product/service training:

· Toxics Reduction

· Water Conservation

· Energy Efficiency and Conservation

· Waste Minimization

· Other sustainability benefits Returns/Disposal Vendors must offer a minimum of a 90 day return policy and acknowledge all return requests within 2 business days.

Non-custom items: If the buyer orders the wrong item, it is their responsibility to pay for its return. If the vendor delivers the wrong item, it is their responsibility to pay for the returns.

Custom items: A restocking fee may be charged if the item was ordered at the request of the buyer. If the item was ordered at the advice of the vendor, no charge will be assessed to the buyer.

Battery Returns/Disposal Bidders are strongly encouraged to dispose of rechargeable batteries at no cost and must describe their battery disposal recycling/disposal practices in Attachment B: Bidder Response Form.

Warranties For all equipment offered, Bidder must provide at least a one (1) year warranty or the maximum manufacturer’s warranty, whichever is greater. Should any differences be found between the Bidder’s warranty and the terms of the RFR, the terms of the RFR shall prevail.

Length of warranty Any products or equipment offered in a contract resulting from this RFR must carry the original manufacturer warranty if one exists.

Warranty types Additional warranty options, including special warranties and extended warranties, must be addressed in narrative form in Attachment B: Bidder Response Form. It is desirable that extended warranties be offered at no additional cost.

Warranty process and coverage Contractor shall agree to the following conditions of service under this contract:

· Return Service calls within one business day of receiving the service call;

· Technicians shall be dispatched to site within two business days;

· Repairs shall be completed within four business days, unless otherwise agreed upon by all parties.

Loaner Equipment If the time for warranty or service repairs will exceed the specified time, the Contractor shall provide equivalent loaner equipment upon request by the customer. Loaner equipment shall be provided at no cost, including shipment to the customer’s location and return of loaner equipment to the Contractor.

Maintenance/Post-Warranty support For equipment that requires Service and Maintenance, Bidder must provide a breakdown of the types of service and maintenance available and whether they provide onsite maintenance for equipment. This will be entered into Attachment B: Bidder Response Form.

Replacement parts Bidders must be able to provide replacement parts for the equipment that they sell under this contract.

Geographic coverage Bidders will indicate their geographic coverage in Attachment B: Bidder Response Form. It is highly desirable that bidders can service all eligible entities across all participating states but must service at least one of the listed participating states.

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.

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.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading by Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

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).

Please refer to Appendix 3: Labeling and Identifying Green Products for both mandatory and desirable labelling and identification of green products.

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 at https://www.mass.gov/files/documents/2016/09/wf/epp-specifications_0.xlsx. All statewide and executive department contracts are required to use these standards, unless otherwise noted in the RFR.

Bidders may find all required and desired commodity specifications in Attachment A: FAC118 Mandatory Specifications and Desirable Criteria. This document contains all the mandatory minimum specifications for products to be purchased from this contract.

Bidder Current Environmental Practices Form Bidders must complete this form, located as a tab within Attachment B: Bidder Response Form. The form allows Bidders to communicate existing information about their own 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 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 [Company_Environmental 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 cost tables in the catalogs supplied by the Bidder as a % off of MSRP/List price and accepted by the SST and incorporated into a catalog on COMMBUYS. Cost tables must contain all goods and services to be provided on this Statewide Contract. Compensation will be based on these cost tables, which will form the basis for the Contractor’s catalog in COMMBUYS and the subsequent Approved Products List, which contains all products from all vendors which are available for purchase under this contract. Bidders shall follow directions and fill in their proposed pricing in Attachment C: FAC118 Price File. Awarded vendors will be allowed to update products and/or pricing as outlined in section 8.7.6 “Authorized Price Changes”. Please see Appendix 3 for more information on required and desired labelling/identification of Green Products.

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. All items available for purchase (excluding special order items which meet the Mandatory Specifications document) will be listed in an Approved Products list. Additionally, vendors are encouraged to offer these products through a G2B Punchout catalog. Please see Appendix 3 for more information on required and desired labelling/identification of Green Products.

COMMBUYS FAC118 Approved Products List Awarded contractors will provide their product catalog and all catalogs will be consolidated into one Approved Products list. This list will be available in the FAC118 Master Blanket Purchase Order in COMMBUYS to allow Approved Buyers to easily compare pricing and product details of the items that are approved for sale under FAC118.

Commodities 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 Bidders shall indicate labor/repair rates for servicing of equipment for which they are bidding (if applicable) in Attachment B: Bidder Response Form.

Prevailing Wage Bidders must comply with the Prevailing Wage Law, as administered by the Commissioner of Labor and Workforce Development/Division of Occupational Safety (DOS). All employees of Contractors engaged in these activities must be paid at least these rates for any work performed under a Contract resulting from this RFR when working in a public building or on a public work.

Prompt Pay Discount All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, unless otherwise specified by the SST. The SST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote.

Authorized Price Changes Awarded vendors will be allowed to update their prices twice per year. The % off discount must remain the same. In addition, any requests for price changes must be submitted prior to the contract renewal to be considered for the renewal period.

Any such requests must be accompanied by documentation supporting the reasons for the requested change. The request, written on the Contractor’s letterhead must include identified price increases and their source and copies of old and new price lists, if applicable, reflecting price changes. The same requirement shall apply to pricing established under any service agreement between an Eligible Entities and a Contractor.

The SSSL will address price change requests by either negotiating a price change and renewing the contract at the new price or denying the requested price increase and renewing the contract at the previous contract price. The Commonwealth will be advised of and will automatically receive the benefit of any price decreases retroactive to the dates of such decreases. It is the Contractor’s responsibility to notify the SST of any such decrease. The SST reserves the right to negotiate price reductions based on increased volume at any point in duration of the contract.

The SST reserves the right to consider price increase requests in emergency situations. The SST decision on whether a specific situation is an emergency is final.

SUPPLIER DIVERSITY PLAN (SDP)

Program Background Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

Financial Commitment Requirements All Bidders responding to this solicitation are required to make a meaningful financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of any contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract.

The minimum total SDP Commitment acceptable in…