FAC121 Contract User Guide 03.11.25.docx

FAC121: Water Treatment Chemicals and Alternative Treatment Systems UPDATED: March 11, 2025

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MMARS).

TIP: To return to the first page throughout this document, use the CTL + Home command.

Table of Contents:

Contract User Guide for FAC121

(NOTE: To access hyperlinks below, scroll over desired section and CTL + Click) NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: March 11, 2025 Template version: 8.0 Page 1 of 12 One Ashburton Place, Room 1608 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: March 11, 2025 Template version: 8.0 Page 4 of 12 One Ashburton Place, Room 1608 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

· Contract Summary

· Contract Categories

· Benefits and Cost Savings

· Find Bid/Contract Documents

· Who Can Use This Contract

· Subcontractors

· Construction Requirements

· Supplier Diversity Requirements

· Pricing, Quotes and Purchase Options

· Instructions for MMARS Users

· Environmentally Preferable Products

· Contract Exclusions and Related Statewide Contracts

· Emergency Services

· Shipping/Delivery/Returns

· Additional Information/FAQ's

· Performance and Payment Time Frames Which Exceed Contract Duration

· Strategic Sourcing Team Members

· VENDOR LIST AND INFORMATION

· Appendix A: UNSPSC cod Contract Summary This is a Statewide Contract for water treatment chemicals, environmentally preferable alternative treatment systems, chemicals testing, systems/tank cleaning, and related.

This contract does not include services offered under the Statewide Tradespersons contracts TRD01, TRD02, TRD03, or TRD04.

COVID-19 Updates Cleaning and Disinfecting Services For cleaning services, all vendors must follow the CDC’s guidance on Cleaning and Disinfecting and applicable COVID-19 OSHA guidance and standards.

Supplying Disinfectant and Sanitizer Products If you are purchasing disinfectants and hand sanitizers for use against COVID-19, make sure that all products meet the guidelines established by the EPA and the CDC:

· Disinfectants: should be on the EPA’s List N: Disinfectants for Use Against SARS-CoV-2 AND registered by the Massachusetts Pesticide Board Subcommittee

· Hand Sanitizers: The CDC Hand Hygiene Recommendations cite at least 60% alcohol based hand sanitizer if soap and water are not available. For healthcare, refer to the CDC’s Hand Hygiene in Healthcare Settings for more information.

Safety:

It is against state and federal law to use disinfectants in a manner that is not intended by the instructions on the label (for example, wide area spraying of a chemical that is not specified for use in this way). The use of disinfectants does not require a license in Massachusetts, but purchasers should review OSHA guidance and standards, and ensure the individuals using disinfectants are aware of the guidance.

Contract Categories This contract includes three (3) categories of products/service as listed below.

Category 1: Water Treatment Chemicals Category 2: Services Category 3: Alternative Treatment Systems

Benefits and Cost Savings Statewide contracts are an easy way to obtain benefits for your organization by leveraging the Commonwealth’s buying power, solicitation process, contracting expertise, vendor management and oversight, and the availability of environmentally preferable products.

This contract offers the following benefits:

· Prompt Pay Discounts

· Bulk Order Discounts Find Bid/Contract Documents

· To find all contract-specific documents, including the Contract User Guide, RFR, specifications, price sheets and other attachments, visit COMMBUYS.com and search for FAC121 to find related Master Blanket Purchase Order (MBPO) information.

· To link directly to the MBPO for FAC121 visit the Master Blanket Purchase Order PO-23-1080-OSD03-SRC01-26989.

· To find all contract-specific documents, including the Contract User Guide, RFR, specifications, and other attachments, visit COMMBUYS.com and search for FAC121 to find related Master Blanket Purchase Order (MBPO’s) information.

· To find vendor-specific documents, including price sheets, see links to individual vendor MBPOs on the Vendor Information page.

Who Can Use This Contract Applicable Procurement Law Executive Branch Goods and Services: MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00.

Construction Materials and Services: G.L. c. 149, s. 44A; G.L. c. 30, § 39M.

Eligible Entities Please see the standard list of Eligible Entities on our Eligible Entities Which May Use Statewide Contracts webpage.

Subcontractors The awarded vendor’s use of subcontractors is subject to the provisions of the Commonwealth’s Terms and Conditions and Standard Contract Form, as well as other applicable terms of this Statewide Contract.

Construction Requirements Purchasers must ensure that any services involving construction are limited to $50,000 or less.

Purchasing entities are responsible for compliance with applicable construction law requirements. Information concerning specific , M.G.L. c. 149 and c. 30 construction requirements may be found in the Office of the Inspector General’s Public Procurement Charts at: https://www.mass.gov/download-oig-public-purchasing-and-public-construction-manuals. It is the responsibility of the Eligible Entity to determine whether installation work includes construction as defined by M.G.L. c.149 or M.G.L. c.30, §39M. Chapter 30B Procurement Assistance from the Office of the Inspector General is available at https://www.mass.gov/how-to/get-public-procurement-assistance-from-our-chapter-30b-team. Access the 30B Hotline at 617-722-8838 or email them at: 30BHotline@massmail.state.ma.us.

Questions about public construction bidding should be directed to Deborah Anderson, Counsel II for the Attorney General’s Office, at 617-963-2371. Visit the Attorney General’s Public Construction web page to learn more about Public Bidding Laws.

See Quotes Including Construction Services Requirements below for information on quoting these types of projects.

Supplier Diversity Requirements

When selecting vendor(s) without soliciting quotes or a statement of work, Executive Departments should follow below guidance:

When selecting contractors and placing orders, Executive departments shall utilize diverse and small businesses to the extent possible based on contract terms, SDO and departmental policies, laws, and regulations. Additionally, departments shall make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

When selecting vendor(s) from multiple quotes and statement of work, Executive Departments should follow below guidance:

Requirements of the Small Business Purchasing Program for Small Procurements (expected annual value of $250,000 or less) or the Supplier Diversity Program for Large Procurements (expected annual value exceeding $250,000) apply to Executive Departments soliciting quotes or issuing statements of work.

Small Business Award Preference: In accordance with the Supplier Diversity Office’s SBPP Policy, Departments must award contracts for Small Procurements to SBPP-participating small business bidders if both of the following conditions are met:

· The response is received from an eligible small business; AND

· The response meets the Department’s best value criteria as defined in the RFR or RFQ.

SDP Commitment: Businesses awarded large Commonwealth contracts for goods and services (also called prime contractors or prime vendors) are required to make measurable financial commitments to do business with one or more diverse businesses (often called SDP Partners). This business-to-business relationship requirement applies to all Large Procurements for goods and services, which were historically defined as those expected to exceed $150,000 in total spending. Effective July 1, 2021, Large Procurements will be defined as those expected to exceed $250,000 in annual spending.

Executive departments should take into consideration contracted vendors SDP commitments when evaluating responses. Specifically, the following fields of the new SDP Plan Form correspond to the goals stated above:

SDP policy link or attachment (if any)

Additional creative initiatives (if any)

SDP commitment – subcontracting

Evaluate the bidder’s SDP commitment.

SDP commitment – ancillary

SDP commitment – total

Company prior year spending with the list of partners (if available)

Key Evaluation Requirements The following key requirements apply to the evaluation of submitted SDP Plans:

· At least 25% of the available evaluation score must be dedicated to the evaluation of the bidder’s SDP Commitment.

· The majority of the SDP evaluation score should be dedicated to the bidder’s SDP commitment.

· bidders offering more value in their SDP Plan submissions must receive higher scores.

Other Requirements:

· Include SBPP contract language and place it prominently within the RFQ. See SDO Template Language.

· Evaluate bids received from, and award a contract to, an SBPP-participating small business that meets the department’s best value criteria.

· Award to a large business only if there is no SBPP participating business meeting departments’ best value criteria.

· Conduct a clarification/BAFO/negotiation before disqualifying an SBPP-participating business based on price or desirable criteria.

· See the Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams for additional guidance.

· Make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

· See the Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams for additional guidance.

1. Note: Departments may ask the prime Contractor for an additional SDP commitment specifically related to the Department’s purchase or engagement. SDP spending for such a purchase or engagement must be reported by the Contractor using the SDP Reporting Form directly to the Department and may not be included in any other SDP reporting filed by the Contractor.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

Pricing, Quote and Purchase Options Purchase Options The purchase options identified below are the only acceptable options that may be used on this contract:

· Purchases made through this contract will be direct, outright purchases

· This is a fee for service contract Pricing Options

· Ceiling/Not-to-Exceed: Contract discounts and other pricing published under the contract represents “ceiling” or “not-to-exceed” pricing, and may be further negotiated.

· Quote/Proposal: Customers seeking alternative treatment systems from Category 3 will need to request a proposal/quote from Category 3 vendors to explore their options.

Product/Service Pricing and Finding Vendor Price Files

· The Master Price File may be found under attachments on the Master Contract MBPO, to link directly to the MBPO for FAC121 visit the Master Blanket Purchase Order PO-23-1080-OSD03-SRC01-26989.

Setting Up a COMMBUYS Account COMMBUYS is the Commonwealth’s electronic Market Center supporting online commerce between government purchasers and businesses. If you do not have one already, contact the COMMBUYS Help Desk to set up a COMMBUYS buyer account for your organization: (888)-627-8283 or OSDhelpdesk@mass.gov.

When contacting a vendor on statewide contract, always reference FAC121 to receive contract pricing.

Quick Search in COMMBUYS Log into COMMBUYS and use the Search box on the COMMBUYS header bar to locate items described on the MBPO or within the vendor catalog line items. Select Contract/Blanket or Catalog from the drop-down menu.

How To Purchase from The Contract

· Directly purchase fixed price items through COMMBUYS This contract allows buyers to find and quickly purchase specific products/services with pricing within COMMBUYS. In other words, it allows you to create a Release Requisition in COMMBUYS, submit the requisition for approval, and send the vendor a Release Purchase Order.

For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage and select:

· The COMMBUYS Requisitions section and choose the Make a Statewide Contract Purchase in COMMBUYS job aid.

· Solicit quotes and select and purchase quoted item in COMMBUYS This COMMBUYS functionality provides a mechanism to easily obtain quotes, as specified by the Contract. The buyer would create a Release Requisition, and then convert it to a Bid. After approval by the buyer approving officer, the bid is then sent to selected vendors to request quotes. Buyers must include “FAC121 RFQ” when entering information in the Description field.

For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage, and select:

· The COMMBUYS Purchase Orders section, and choose the How to Create a Solicitation Enabled Bid Using a Release Requisition job aid or one of the quick reference guides.

· Document items in COMMBUYS that have already been purchased This type of contract allows buyers to document a contract purchase in COMMBUYS that already has taken place through a Request for Payment Authorization (RPA) Release Requisition. It also allows MMARS users to easily keep track of spend. NOTE: MMARS and COMMBUYS do not interface –payment request and invoice should be reported in both MMARS and COMMBUYS separately.

For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage, and select:

The COMMBUYS Requisitions section and choose the How to Create an RPA Requisition job aid.

Obtaining Quotes Contract users should always reference FAC121 when contacting vendors to ensure they are receiving contract pricing. Quotes, not including construction services, should be awarded based on best value.

For a full description of how to complete a quote in COMMBUYS visit the Job Aids for Buyers webpage, and select:

· The COMMBUYS Purchase Orders section and choose Request Quotes From Vendors on Statewide Contracts job aid.

Quotes Including Construction Services Please note specific requirements that apply for quoting construction services, depending upon the scope of your bid:

· Where the construction services are less than $10,000: Select a vendor based on sound business practices, consistent with your entity’s procurement policies and procedures.

· For construction services valued from $10,000-$50,000: Must solicit a minimum of three quotes and receive two written responses; award to lowest responsible bidder.

Prevailing Wage Requirements The Massachusetts prevailing wage laws require that covered employees on public works projects be paid a minimum hourly rate set by the Department of Labor Standards (DLS). The prevailing wage laws apply to both union and non-union employers and employees. The buyer has a legal obligation to request a prevailing wage schedule from the Department of Labor Standards (DLS) at www.mass.gov/dols. To get the proper rates for your region/job, you must request a determination. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website or by calling the DLS Prevailing Wage Program at (617) 626-6953.

If prevailing wage is required, make sure to include this information in your quotes or bids so vendors know to include prevailing wage.

In addition, all contracts by a state agency or state-assisted contracts for design, construction, reconstruction, installation, demolition, maintenance or repair must contain Workforce Participation Goals for minorities and women. This is required by M.G.L. c. 149, § 44A(2)(G). A “state-assisted contract” is a construction project undertaken by a political subdivision of the commonwealth or two or more subdivisions thereof for planning, acquisition, design, construction, demolition, installation, repair or maintenance whose costs are paid for, reimbursed, grant funded, or otherwise supported, in whole or in part, by the commonwealth. An affected awarding authority’s bid documents must include a reference to the specific goals that will be contained in the contract. The contract must also include the processes and procedures to ensure compliance with the Workforce Participation Goals, including reporting and enforcement provisions. For questions about the Workforce Participation Goals law, please contact Deborah Anderson at the Attorney General’s Office at 617-963-2371, or visit the Attorney General’s Public Construction Bidding in Massachusetts FAQ.

The Office of the Attorney General’s Fair Labor Division is responsible for enforcing the prevailing wage laws. Visit www.mass.gov/prevailing-wage-enforcement for more information.

Instructions for MMARS Users MMARS users must reference the MA number in the proper field in MMARS when placing orders with any contractor.

Environmentally Preferable Products (EPP) Category 3 – Alternative Technologies The purpose of Category 3 is to allow buyers to work with vendors on alternative and environmentally friendly system treatment options. Buyers may reach out to vendors in Category 3 to request quotes or proposals on their alternative system options.

Contract Exclusions and Related Statewide Contracts Category 2 – Services Services offered under available Statewide Contracts for Tradespersons are not offered under FAC106. Category 2 services are limited to any services relevant to water treatment systems that do not conflict with services already available under contracts TRD01, TRD02, TRD03, or TRD04. For more information on the Tradespersons contracts please visit our Statewide Contract User Guides webpage.

Emergency Services Many statewide contracts are required to provide products or services in cases of statewide emergencies. ML - 801 CMR 21 defines emergency for procurement purposes. Visit the Emergency Response Supplies, Services and Equipment Contact Information for Statewide Contracts list for emergency services related to this contract.

Shipping/Delivery/Returns

· Vendors must be capable of delivering to all counties in the Commonwealth.

· All products must be delivered new and in unopened containers.

· Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) must be provided on all chemicals at the time of delivery or upon request by Eligible Entity.

· All items must be packed in accordance with best commercial practice and in such a manner as to ensure delivery in good condition and as specified in the purchase order.

· All chemicals must be properly labeled in accordance with all federal, state, and local laws or requirements.

· The shelf life must be indicated on the product. No expired products will be accepted.

· All products must be shipped in approved containers compatible with the products being shipped.

· All products must be shipped in accordance with federal, state, and local regulations.

· All drums must be delivered with OSHA Product Information and Safety labels. If the OSHA labels are missing from the drums, the shipment will not be accepted and there will be no charge to the Eligible Entity.

· Any rejected product must be replaced as soon as possible or on an emergency delivery basis, as required by the purchasing entity.

· Containers are to be furnished by and will remain the property of the Contractor. Return of empty containers to the Contractor will be at the expense of the Contractor.

· The net weight invoiced must be the gross weight of each container less tare weight.

· The net weight for bulk chemical delivery trucks must be based on the machine-generated scale weight ticket that lists the gross, tare, and net weights unless the Eligible Entity expressly agrees to a different means of measurement based on the Scale Weight Certificates specifications of the FAC106 RFR.

Geographical Service Area Please refer to the Master Price File located here: Master Blanket Purchase Order PO-23-1080-OSD03-SRC01-26989.

Other Discounts

· Prompt Pay Discounts: A discount given to the buyer if paid within a certain time period. These discounts may be found in the Vendor List and Information section below. All discounts offered will be taken in cases where the payment issue date is within the specified number of days listed by vendor and in accordance with the Commonwealth’s Bill Paying Policy. Payment days will be measured from the date goods are received and accepted / performance was completed OR the date an invoice is received by the Commonwealth, whichever is later to the date the payment is issued as an EFT (preferred method) or mailed by the State Treasurer. The date of payment “issue” is the date a payment is considered “paid” not the date a payment is “received” by a Contractor.

If the Needed Product Can Not be Found If a product or service cannot be found in the price sheet, it is recommended to contact the vendor directly to inquire if it is available for purchase on this contract. If the product or service meets the scope of the product category, the vendor may be able to add it to their product offerings by contacting the FAC121 Contract Manager.

If the product is not listed in the scope of the product category, a buyer may contact the Strategic Sourcing Lead to inquire whether the product may be purchased.

Performance and Payment Time Frames Which Exceed Contract Duration No new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

Strategic Sourcing Team Members

· Brendan McCue (inactive), Operational Services Division

· Michael Woods (inactive), Operational Services Division

· Marcel Tremblay, Department of Correction

· Michael Delaney, Department of Correction

· Ken Bjorklund, Department of Correction

· Emily Bisbee, Department of Conservation and Recreation

· Sean Corbin (inactive), Operational Services Division

· Amanda Ferdinand, Operational Services Division

Vendor List and Information*

(PPD,

Dock Delivery, Other) SDP Commitment Percentage

Tatianna Henry 617-359-7271 617-359-7289 sonia.castro@mass.gov taitana.henry@mass.gov

***[Solicitation Enabled MBPO] (For requesting quotes)

Tatianna Henry 617-359-7271 617-359-7289 sonia.castro@mass.gov taitana.henry@mass.gov

***[Solicitation Enabled MBPO] (For requesting quotes)

Tatianna Henry 617-359-7271 617-359-7289 sonia.castro@mass.gov taitana.henry@mass.gov

***[Solicitation Enabled MBPO] (For requesting quotes)

Tatianna Henry 617-359-7271 617-359-7289 sonia.castro@mass.gov taitana.henry@mass.gov

978-388-3989 tomcass@aqualaboratories.com

15 days – 4% 20 days – 3% 30 days – 1% 15%

617-512-0791

Skaddy@azurewaterservices.com

15 days – 1.5% 20 days – 1% 30 days – 1% 6%

617-744-3441 sales-support@barclaywater.com

15 days – 3% 20 days – 2% 10%

978-266-1900 dcook@ConservationSolutions.com

20 days – 3% 13%

413-743-1292 matt.holland@hollandcompany.com

781-762-3466 nepchem@norwoodlight.com

15 days – 4% 20 days – 2%

6%

781-893-6300

KERRIG@PURAQUAPOOLS.COM

15 days – 1.5% 20 days – 1% 30 days – 0.50% 1%

781-932-9911 mflahive@metrogroupinc.com mflahive@metrogroupinc.com

*Note that COMMBUYS is the official system of record for vendor contact information.

**The Master Contract Record MBPO is the central repository for all common contract files, including Price files.

***The Solicitation Enabled MBPO is for requesting quotes.

Appendix A: List of UNSPSC codes

47-10-00 Water and wastewater treatment supply and disposal 47-10-15 Water treatment and supply equipment 47-10-16 Water treatment consumables 49-24-17 Swimming pool and spa equipment and supplies 73-10-16 Chemicals and fertilizers production 83-10-15-03 Water quality control management 83-10-15-06 Water treatment services 83-10-15-07 Desalination services 83-10-15 Water and sewer utilities 41-10-42 Laboratory water purification equipment and supplies image1.png