FAC122 RFR.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: FAC122 Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service

Agency Document Number: FAC122

COMMBUYS Bid#: BD-23-1080-OSD03-OSD03-84893

8/01/2023

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.

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

REQUEST FOR RESPONSE FAC122

Revision History

Version Number

Date Author Brief Description

1.0 8/01/2023 Sorraia

Tavares

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 ESTIMATED PROCUREMENT CALENDAR

1.2.1 SUBMISSION OF BID QUESTIONS

1.2.2 BID AMENDMENT DEADLINE

1.2.3 BIDDERS CONFERENCE

1.2.4 ORAL PRESENTATIONS/PRODUCT DEMONSTRATIONS

1.2.5 LATE BIDS WILL NOT BE CONSIDERED

1.2.6 DEBRIEFING

1.3 ADDITIONAL BID INFORMATION

1.3.1 ANTICIPATED CONTRACT DURATION

1.3.2 PERFORMANCE AND PAYMENT TIME FRAMES WHICH EXCEED CONTRACT DURATION

1.3.3 ESTIMATED VALUE OF THE CONTRACT

1.3.4 ESTIMATED NUMBER OF AWARDS

1.3.5 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.3.6 ACQUISITION METHOD(S):

1.3.7 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 PROCUREMENT EXCLUSIONS

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 BUSINESS BACKGROUND

3.1.2 YEARS IN THE INDUSTRY OF THE BID

3.2 EMPLOYEE AND/OR BUSINESS TECHNICAL/BUSINESS EXPERIENCE, CERTIFICATIONS, LICENSES 5

3.3 CONTINUITY OF OPERATIONS PLAN (COOP)

3.4 EMERGENCY RESPONSE CAPABILITIES

3.5 FINANCIAL STABILITY INCLUDING BANKRUPTCY, LITIGATION AND CONTRACT DEFAULTS

3.5.1 REQUIRED FINANCIAL OR TAX DOCUMENTS

3.5.2 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

3.6 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 COMMODITY SPECIFICATIONS

4.1.1 CATEGORY 1 - LIVE PLANTS, SEEDS, AND OTHER NURSERY PRODUCTS

4.1.2 CATEGORY 2 – TURF AND ORNAMENTAL LANDSCAPE PRODUCTS

4.1.3 CATEGORY 3 – SOIL, COMPOST, MULCH, AND BIOCHAR

4.1.4 CATEGORY 4 – SOIL AGGREGATE PRODUCTS

4.1.5 CATEGORY 5 – FERTILIZER, INCLUDING ORGANIC

4.1.6 CATEGORY 6 – PLAYGROUND EQUIPMENT

4.1.7 CATEGORY 7 – PLAYGROUND AND OUTDOOR ATHLETIC SURFACES

4.1.8 CATEGORY 8 – SITE FURNISHING/AMENITIES

Table of Contents Page ii

4.1.9 CATEGORY 9 – SPORT AND FITNESS EQUIPMENT

4.1.10 CATEGORY 10 – OUTDOOR SHELTERS/SHADES STRUCTURES

4.1.11 CATEGORY 11 – SPLASH PADS AND WATER PLAY

4.1.12 CATEGORY 12 – PARKS AND RECREATION INSTALLATION AND MAINTENANCE

4.1.13 CATEGORY 13 – FENCING, RAILING, DECKING, PARTITIONS, AND LOCKERS

4.1.14 CATEGORY 14 – RELATED SPECIALTY EPP PRODUCTS

4.1.15 DELIVERY TERMS

4.1.16 CONSTRUCTION LAW COMPLIANCE

4.2 TRAINING

4.3 RETURNS/DISPOSAL

4.4 WARRANTIES

4.4.1 LENGTH OF WARRANTY

4.4.2 WARRANTY TYPES

4.4.3 WARRANTY PROCESS AND COVERAGE

4.4.4 MAINTENANCE/POST-WARRANTY SUPPORT

4.4.5 REPLACEMENT PARTS

4.5 GEOGRAPHIC COVERAGE

4.6 ORDERING AND QUOTES

4.7 ENVIRONMENTAL SPECIFICATIONS

4.7.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

4.7.2 REQUIRED ENVIRONMENTAL SPECIFICATIONS

4.7.3 ENVIRONMENTAL PRACTICES FORM

4.7.4 ENVIRONMENTAL PLAN

4.8 COMPENSATION STRUCTURE/PRICING

4.8.1 COMMBUYS SETUP

4.8.2 PROMPT PAY DISCOUNT

4.8.3 AUTHORIZED PRICE CHANGES

5 SUPPLIER DIVERSITY PLAN (SDP)

6 EVALUATION CRITERIA

6.1 MANDATORY REQUIREMENTS

6.2 ALTERNATIVES

6.3 EVALUATION COMPONENTS

6.3.1 PRICE

6.3.2 SUPPLIER DIVERSITY PLAN (MINIMUM OF 25% WEIGHT OF THE TOTAL AVAILABLE 100%

EVALUATION POINTS)

6.3.3 BEST VALUE SELECTION AND NEGOTIATION

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

7.1 ELECTRONIC SIGNATURES

7.1.1 ACCEPTABLE FORMS OF SIGNATURE

7.2 LIMITS AND RESTRICTIONS

7.2.1 DOCUMENT PAGES

7.2.2 FILE FORMAT RESTRICTIONS

7.2.3 FILE NAMING CONVENTIONS

7.2.4 DOCUMENTS AND ITEMS THAT CANNOT BE SUBMITTED ELECTRONICALLY .... ERROR! BOOKMARK

NOT DEFINED.

Table of Contents Page iii

7.3 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

7.3.1 QUOTE CONTENT

7.3.2 NON-COLLUSION

7.3.3 MULTIPLE QUOTES

7.3.4 MINIMUM QUOTE DURATION

7.3.5 BIDDER’S CONTACT INFORMATION

7.3.6 OWNERSHIP OF SUBMITTED QUOTES

7.3.7 PROHIBITIONS

7.3.8 PUBLIC RECORDS LAW

7.3.9 REASONABLE ACCOMMODATION

8 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

8.1 REQUIRED FORMS

8.2 USE OF COMMBUYS

8.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

8.3.1 CHANGES TO CONTRACTOR’S INFORMATION

8.3.2 CONTRACTOR ACCOUNT TEAM

8.3.3 ADDING COMMODITIES ONLY IN ACCORDANCE WITH THE STATEWIDE CONTRACT

8.3.4 REQUESTING PRICE ADJUSTMENTS ONLY IN ACCORDANCE WITH STATEWIDE CONTRACT

8.4 PERFORMANCE MEASURES

8.4.1 MINIMUM AMOUNT OF BUSINESS WITH THIS CONTRACT

8.4.2 CONTINUED QUALIFICATION BASED ON PERFORMANCE

8.4.3 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

8.5 ADDING ADDITIONAL CONTRACTORS

8.6 REPORTING REQUIREMENTS AND DUE DATES

8.6.1 REPORTING AND PAYMENT DUE DATES

8.6.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

8.6.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

8.6.4 AUDIT

8.6.5 OTHER TERMS

8.6.6 AD HOC REPORTS

8.7 PAYMENT RELATED TERMS

8.7.1 BILL PAYMENT

8.7.2 LATE PAYMENT FEES

8.7.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.7.4 CREDITWORTHINESS

8.7.5 TAX EXEMPTION

9 RFR APPENDICES

9.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

9.1.1 APPLICABLE PROCUREMENT LAW

9.1.2 GENERAL PROCUREMENT INFORMATION

9.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

9.2 APPENDIX 2– REQUIRED TERMS FOR ALL INFORMATION TECHNOLOGY STATEWIDE

RFRS

9.2.1 ENTERPRISE POLICY AND STANDARDS

9.3 COMMBUYS

Table of Contents Page iv

10 GLOSSARY

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the FAC122 Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service. 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 FAC104 and will also be available for use by other Eligible Entities.

The SST’s objective is to identify qualified contractors to provide adequate coverage and choice for Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service by county throughout the Commonwealth. We encourage vendors to also include environmentally preferable options in their bid submissions.

The list of Categories covered by the scope of this RFR are below:

Category 1 - Live Plants, Seeds, and Other Nursery Products

Category 2 - Turf and Ornamental Landscape Products

Category 3 - Soil, Compost, Mulch and Biochar

Category 4 - Soil Aggregate Products

Category 5 - Fertilizer, Including Organic

Category 6 - Playground Equipment

Category 7 - Playground Surfaces

Category 8 - Site Furnishings/ Amenities

Category 9 - Sport and Fitness Equipment

Category 10 - Outdoor Shelter/ Shade Structures

Category 11 - Splash Pads and Water Play

Category 12 - Parks and Recreation Installation and Maintenance

Category 13 - Fencing, Railing, Decking, Partitions and Lockers

Category 14 - Related Specialty Environmentally Preferable Products (EPP)

OSD is actively engaged in discussions to enhance environmental and climate preferable product offerings. The SST intends to attract Bidders and partner with vendors capable of providing a robust product catalog that includes environmental and climate preferable products. This includes products that assist the Commonwealth in achieving Net Zero emissions by 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. It includes products that improve energy and water efficiency, acceleration of the decarbonization of fuels, reduce toxicity, promote sustainable manufacturing, and make recycling of products and supplies easier to meet the goals of Executive Order 594 and the Green Communities Program.

For more information on the Commonwealth of Massachusetts climate and environmental regulations, policies and executive orders see Section 4.7 Environmental Specifications of this RFR.

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure 2/17/2023 https://www.mass.gov/info-details/leading-by-example-executive-order-594-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.mass.gov/orgs/green-communities-division

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 2

Bid Release Date 8/01/2023

Bidders Conference (if applicable) There will be no Pre Bid Conference.

All questions will be managed via the COMMBUYS Bid Q&A Functionality

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

8/10/2023

Official answers for Bid Q&A published (Estimated)

8/14/2023

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

Dates and Available Times:

August 02, 2023, August 17, 2023 & September 6, 2023 1:00 PM 2:30 PM

How to Locate and Respond to Bids in COMMBUYS

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. Bid documents will not be amended after this date.

8/17/2023

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

09/07/2023 at 11:00 AM Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

09/28/2023

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

11/1/2023

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.

1.2.1 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, https://attendee.gototraining.com/957t1/catalog/894414649161911296?tz=America/New_York https://attendee.gototraining.com/957t1/catalog/894414649161911296?tz=America/New_York https://www.screencast.com/t/GMJLKkilF12 https://www.mass.gov/doc/vendor-training-schedule/download

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 3 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.

1.2.2 Bid Amendment Deadline

Although Bidders may submit quotes any time after the Bid Release Date and prior to the Bid Opening Date, Bidders should ensure that their quotes are based upon the final versions of the RFR and its attachments. Final versions of RFR and its attachments are available after the Bid Amendment Deadline date.

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. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.2.3 Bidders Conference

There will be no Bidders Conference. All questions will be managed via the COMMBUYS Bid Q&A Functionality All questions related to the scope and technical requirements should be submitted using the Bid Q and A module in COMMBUYS. See RFR Section 1.2 Estimated Procurement Calendar for the submission of written questions deadline.

1.2.4 Oral Presentations/Product Demonstrations

Selected Bidders who are asked to participate in Oral Presentations / Product Demonstrations will be expected to prioritize this in their schedules. The SST will make every effort to find a mutually convenient time for the Bidder and the SST. However, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points or other action that the SST deems appropriate.

1.2.5 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.

1.2.6 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.

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration

The initial term of this Contract is Seven (7) year(s). In addition, this Contract has no options to renew so the maximum possible contract duration is Seven (7) years.

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 4

The SST reserves the right to reopen this contract during the seven-year term. The contract will be reopened primarily to introduce new products/services and/or vendors that are required based on the needs of the contract at the time of the reopening. The SST will determine at what time during the life of the contract the re-opening shall take place.

1.3.2 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 one (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.

1.3.3 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $35MM. 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 through FY 2022.

1.3.4 Estimated Number of Awards

There is no target number of Contractors per category. The SST intends to issue awards to Bidders who meet the minimum RFR requirement for FAC122. The SST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

1.3.5 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.

1.3.6 Acquisition Method(s):

Check All Applicable (“X”):

Category

Fee-For-Service

Outright Purchase

1.3.7 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

• 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.

https://www.mass.gov/service-details/non-profit-purchasing-programs

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 5

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 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 Procurement Exclusions

Products and services available under the following contracts and their successors are excluded from this contract:

FAC116 – Lawn and Grounds Equipment

FAC117 – Integrated Pest Management

FAC120 – Landscaping Services, Snow Removal, Tree Services and Related Services

To access information about these contracts, view the Contract User Guide webpage.

3 BIDDER QUALIFICATIONS

3.1 Company Experience

3.1.1 Business background

Bidders must provide detailed information regarding their company’s experience as it relates to this RFR and the applicable products categories the Bidder intends to respond to.

3.1.2 Years in the industry of the Bid

Bidders must have been in the business of providing Landscaping Products, Parks and Recreation and Related Products, Supplies and Service for at least the Five (5) 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 Five (5) 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.

3.2 Employee and/or business technical/business experience, certifications, licenses

Each category listed under this RFR has many mandatory and desirable licenses and certifications, which are detailed in each category’s specifications. Additionally, Eligible Entities may require certain licenses or certifications on a case-by-case basis and will be included in any statement of work agreed between awarded bidders and the Eligible Entity at the time of hire.

3.3 Continuity of Operations Plan (COOP)

Bidders must indicate whether there is a written Continuity of Operations Plan (COO) that describes how the company will continue to do business in case of an emergency. This information will not be considered in the evaluation of the Quote.

3.4 Emergency Response Capabilities

In a declared state of emergency where the safety and wellbeing of Commonwealth of Massachusetts 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.

Bidders should include a list of the Bidder’s building locations (s) that would be available to serve the Commonwealth during an emergency and 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).

3.5 Financial stability including bankruptcy, litigation and contract defaults

Bidders must provide documentation of financial stability as described below. No contract will be awarded without a statement of financial stability.

3.5.1 Required Financial or Tax Documents

Bidders must provide Document of Tax Compliance (Certificate of Good Standing from the Department of Revenue). This is to certify compliance with all Commonwealth of Massachusetts tax laws, including MGL c62C, §49A. More information regarding these DOR documents is posted at http://www.mass.gov.

https://www.mass.gov/service-details/facilities-maintenance-repair-and-services

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 6

3.5.2 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.

3.6 References and reference information and/or requirements

As a part of their bid submission, Bidders must provide at least 3 business references in the format presented in Attachment A: Bidder Response Form.

It is required that references be from those customers with whom the Bidder has held contracts of a similar nature or scope as per the scope of this RFR. The SST reserves the right to contact any or all references to validate the information submitted.

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 Commodity Specifications

FAC122 has fourteen (14) categories. Bidders must respond to at least one category and meet the minimum requirement to be considered for award. Bidders must carefully read specifications for each category and submit a quote response as required.

4.1.1 Category 1 - Live Plants, Seeds, and Other Nursery Products Products in this category include plants (shrubs, trees, ground covers, perennials, and annuals), sod, drought-tolerant plants, plants that facilitate xeriscape landscaping and pollinator habitats, and plants native to MA, as well as other products that support plant establishment and landscape maintenance not otherwise covered in other categories in this RFR.

The American Standards for Nursery Stock (ANSI Z60.1) shall serve as the standard for plants, plant root ball, and container size, as well as growth and form requirements.

All plants must be true to botanical names and standards of size, culture and quality for the highest grades and standards. All plants shall be tagged with botanical name, including cultivar, and size so that proper identification can be made. Vendors may be asked to supply, at no additional charge, tags with a continuous numbering system to log and track trees and plants.

Each plant shall have plenty of fibrous roots, healthy buds, and shall be free of disease and insect pests. Plants must be free from mechanical wounds either fresh or healed, broken branches, decay, or any other defects. Each plant shall be handled and packaged in the approved manner having to do with quality of soil during transit from nursery and delivery to the Eligible Entity. Underdeveloped root stock will not be accepted.

Eligible Entities may accept re-wholesaled or pre-dug trees. Trees must have a single straight leader, not cut back. Trees must have a symmetrical development and strong healthy branches. Street trees shall be limbed up 6’ feet from the ground. Below this point, the bark must be clean, not scarred, and free from cankers.

If plants are to be delivered, all plants shall be packaged to arrive at the delivery point in good growing condition and shall be kept moist for delivery and during transit. Special precautions shall be taken to avoid any unnecessary injury to, or removal of, fibrous roots. Each species or variety shall be handled and packed in the approved manner for that particular plant, having regard to the soil and climatic conditions at the time and place of digging, transit and delivery, and to the time that will transpire in transit. All precautions that are customary in good trade practice shall be taken to ensure the arrival of the plants at the site of the project in good condition for successful growth. When products are delivered, suppliers must provide certification for both seed and plants with origin of plant material if requested.

Buyers from this contract may specify plants to specifically support pollinator habitat. Bidders should indicate in the Bidder Response Form whether they have staff with expertise in this area, including any MA landscape related certifications. Buyers may also specify plants of local genotype (MA or New England). Bidders should be prepared to indicate if they can provide such materials and provide Certification showing the origin of such plant material. Bidders that are able to work with suppliers and local nurseries that specialize in Massachusetts-native species, non-cultivars, and plants of local genotype are desirable.

https://hort.ifas.ufl.edu/woody/american-standard.shtml

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 7

Bidders may not propose, and Contractors may not sell, any species commonly known as invasive. Details of invasive plant species in New England can be found at: Massachusetts Prohibited Plant List.

4.1.2 Category 2 – Turf and Ornamental Landscape Products

Products in this category include, but are not limited to, seed, sod, pesticide, and related products including contractor and arborist tools and supplies, irrigation and water management supplies, landscape lighting and decorative stone.

4.1.2.1 Pesticides:

Pesticides used for outdoor management of insects, weeds, and fungal diseases in turf, shade trees, ornamental plants, and other outdoor sites must comply with the following requirements at all times:

• Restrict the sale of pesticides to only those that are actively registered for sale and use in the Commonwealth of

Massachusetts by the Massachusetts Pesticide Board Subcommittee. Visit https://www.mass.gov/pesticide-product-registration for more information.

• Restrict the sale of pesticides only to those individuals who are properly licensed or certified by the Massachusetts

Department of Agricultural Resources.

• Buyers from this contract may specify pesticides that are certified by the Organic Materials Research Institute (OMRI), as well as mechanical pest management products, such as bait or traps. A list of OMRI-certified products can be found at https://www.omri.org/us-list.

4.1.2.2 Irrigation and Water Management Supplies:

Irrigation equipment, including spray sprinkling bodies and irrigation controllers, must be EPA WaterSense certified. All other irrigation and water management supplies should, as best as possible, adhere to EPA WaterSense Guidance found at Outdoors | US EPA. It is preferable that bidders be able to provide drip irrigation and xeriscape supplies.

4.1.2.3 Landscape lighting:

The following are the requirements for landscape lighting:

• Lamps, luminaires and retrofit kits shall use LEDs as their only light source and have at least one of the following lighting certifications: DesignLights Consortium (Standard, Premium or LUNA), ENERGY STAR, or International Dark Sky Association.

• LED drivers and lighting controllers (e.g., occupancy sensors) shall be RoHS compliant AND UL or ETL listed.

4.1.2.4 Garden hoses:

It is preferred that garden hoses be free of vinyl (PVC).

4.1.3 Category 3 – Soil, Compost, Mulch, and Biochar

Products in this category include compost and compost-manufactured loam (CML) for agricultural, landscaping, erosion control, and other appropriate applications. Bidders may submit responses for any of the compost subcategories as described below as long as proposed compost meets all specifications.

All compost must be dark brown to black, and loose and friable. Compost may not include any wood from commingled construction and demolition waste; engineered wood products; and wood containing or likely to contain asbestos; chemical preservatives such as, but not limited to, chromated copper arsenate (CCA), creosote or pentachlorophenol; or paints, stains or other coatings, or adhesives. Compost shall not produce dust, contain more than 1% dry weight of debris (e.g., metal, glass) or contain visible free water. All sludge or biosolid containing products must meet Massachusetts 310 CMR 32.00 criteria for Type I sludge and bidders must submit a copy of the Massachusetts DEP (MassDEP) approval (permit code BRP WP29. Applications are found at http://www.mass.gov/dep).

https://www.mass.gov/massachusetts-prohibited-plant-list https://www.mass.gov/pesticide-product-registration https://www.mass.gov/pesticide-product-registration https://www.omri.org/us-list https://www.epa.gov/watersense https://www.epa.gov/watersense/outdoors http://www.mass.gov/dep

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 8

The compost must come from a compost operation following the all of the requirements of 310 CMR 16.04 (General Permit for Recycling, Composting or Aerobic & Anaerobic Digestion Operations) or 310 CMR 16.05 (Permit for Recycling, Composting, Conversion (RCC) Operations) whichever applies and provide a copy of the General Permit certification or the MassDEP issued RCC permit. Information on requirements can be found at https://www.mass.gov/lists/massdep-solid-waste-forms#recycling,-composting-&-conversion-operations-&-reporting-

If the composting operation takes place in a state other than Massachusetts, the bidder must provide the equivalent documentation from the state in which they are operating.

Bidders must be able to provide copies of relevant permit documentation upon request. Failure to demonstrate compliance with MassDEP requirements may be grounds for removal from contract.

Alternatively, a compost site may be registered with the Massachusetts Department of Agricultural Resources Agricultural Composting Program. See https://www.mass.gov/agricultural-composting-program.

Compost Subcategories:

1. Compost for General Use

2. Compost-Manufactured/Amended Loam (CML)

3. Compost for Horticultural Mulch

4. Compost as Erosion Control Mulch (compost blankets)

5. Compost as Erosion Control Filter Berm

4.1.3.1 Compost as Landfill Cap or Cover Material

Compost materials in Subcategories 1-5 above must meet all appropriate specifications detailed below. Each compost and CML batch must be tested prior to sale. Testing costs must be borne by the Contractor. Upon request, results of such testing must be provided to the Eligible Entity. Materials must be re-tested if any significant change occurred which might alter the product’s composition/performance. All tests must provide information on the following characteristics: Organic matter percentage, Moisture content, Particle size and Soluble salts.

Stability must be assessed by either a CO2 evolution test or a reheating test; (For the CO2 test, the compost respiration must be no more than 5 mg CO2-C/gBVS per day, for reheating, using the Dewar Self-Heating Test, the maximum heat rise must be no greater than the limit outlined for each application Section 2). PH, Carbon to nitrogen ratio, Available nitrogen, Phosphorous, potassium, calcium, and magnesium content, Toxic Contaminant Leaching Procedure results for lead, cadmium, and chromium must all be included on the test results.

The address and telephone number of the testing facility used must be supplied to Eligible Entities upon request.

4.1.3.2 Compost Used as Erosion Control

Compost used for erosion control (Subcategories 4 & 5) is a temporary measure that provides protection to exposed soils during construction or over winter months. The Massachusetts Erosion and Sediment Control Guidelines (mass.gov/guidelines) provide guidance for use of mulch and compost for erosion control. See special requirements found below:

• Standard Practices for Compost for Erosion/Sediment Control (Compost Blankets) referenced as AASHTO specifications https://www3.epa.gov/npdes/pubs/aashto.pdf.

• When compost blankets or berms are proposed to be used in wetland resource areas (including 200-foot Riverfront Area) and associated 100-foot buffer zones, authorization is required pursuant to the Massachusetts Wetlands Act, MGL Chapter 131 s. 40, and regulations, 310 CMR 10.00. In such instances, Conservation Commissions (or MassDEP if appealed) may impose additional requirements on the use of compost blankets and berms to safeguard wetland resource areas (such as limiting the percentage of colloidal material or nutrients in the compost).

• For landfill capping material (Subcategory 6), the MassDEP Regional Office in which the landfill where the material will be used is located must approve the application of compost prior to use. The bidder must document that the compost provided meets the specifications for use at that location prior to application. Such approval must be obtained prior to https://www.mass.gov/lists/massdep-solid-waste-forms#recycling,-composting-&-conversion-operations-&-reporting-https://www.mass.gov/lists/massdep-solid-waste-forms#recycling,-composting-&-conversion-operations-&-reporting-https://www.mass.gov/agricultural-composting-program https://www.mass.gov/doc/complete-erosion-and-sedimentation-control-guidelines-a-guide-for-planners-designers-and/download?_ga=2.71404115.1907091202.1681300981-692505611.1601325958 https://www3.epa.gov/npdes/pubs/aashto.pdf

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 9 any sale of compost material for use in this category and the bidder must submit a copy of the approval prior to the award of a project with an eligible entity.

It is required that Bidders provide soil testing services (whether through their own lab or subcontracting), and that bidders identify environmentally preferable practices, such as green lawns and Integrated Pest Management practices, which minimize or eliminate the use of pesticides. Soil, mulch, compost, and biochar tests requested by the Eligible Entity will be at the Contractor’s expense if the product they provide is of suspect quality and below standards as outlined in the guidelines referenced above.

4.1.4 Category 4 – Soil Aggregate Products

Products in this category include items that can be added to the soil for enhancement purposes, whether for growth, aesthetics, drainage, or safety, including but not limited to stone, gravel, soil amenities, sand, topdressing, and loam. If the Bidder can offer products for golf products (e.g., bunker sand), all applicable items must meet U.S.G.A. standards and guidelines and U.S.G.A. Physical Evaluation Test must be available to Eligible Entities upon request.

Upon request, Bidders for Soil Aggregate Products must be able to submit Routine Soil Analysis for the intended purpose of soil aggregate products.

It is required that Bidders provide soil testing services (whether through their own lab or subcontracting). Soil tests requested will be at the Bidder’s expense if the soil they provide is of suspect quality and below standards.

Bidders are encouraged to provide reused and recycled soil aggregate products, including processed glass aggregate, as much as possible.

4.1.5 Category 5 – Fertilizer, Including Organic

Products in this category include fertilizers, both synthetic and organic, including slow-release fertilizer for plantings, and related tools and accessories.

Fertilizers shall be certified by the USDA Organic standards or by other nationally recognized certifying bodies (e.g., Organic Materials Review Institute or National Organic Program). The product label should include specific reference to the dilution appropriate for the maximum working strength of the product and the maximum recommended frequency of product application. Bidders and Eligible Entities must ensure that they are following the laws set forth in 330 CMR 31.00.

All fertilizers manufactured and sold in Massachusetts must be registered with the Commonwealth of Massachusetts Department of Agriculture Resources. Upon request, contractors for fertilizers may be required to provide proof of Massachusetts Fertilizer Registration. Information regarding products registration is available at:

https://www.mass.gov/fertilizer-or-lime-registration.

Upon request, Contractors for fertilizers must be able to submit the following information or equivalent test results:

• Batch test data for chemical consistency. Samples taken from the lesser of either 5,000 gallons or 50,000 pounds of finished product should be tested for product consistency through elemental analysis (Ca, S, Mg, Na, Fe, Mn, Cu, Zn, B, Mo, Al, Pb, N, P, K) reported both in absolute concentration and also as an N-P-K ratio by a certified laboratory operating under a protocol that includes provisions for retention samples.

• Efficacy of product to promote plant growth equal to that of any chemical fertilizer that will meet requirements for procurement under the Commonwealth's guidelines. Efficacy data should be established and confirmed on a cycle time of no less than five years. Field or laboratory demonstrations conducted by scientifically qualified, neutral parties will meet these criteria.

• For liquid products, test data for granularity or particle size to assure that the product meets a 100 mesh (180 micron) standard using a U.S. Standard Sieve Series.

It is required that Contractors provide soil testing services (whether through their own lab or subcontracting). Soil tests requested will be at the Contractor’s expense if the soil they provide is of suspect quality and below standards.

https://www.usga.org/equipment-standards.html https://www.omri.org/ https://www.ams.usda.gov/about-ams/programs-offices/national-organic-program https://www.mass.gov/regulations/330-CMR-3100-plant-nutrient-application-requirements-for-agricultural-land-and-non-agricultural-turf-and-lawns https://www.mass.gov/fertilizer-or-lime-registration

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4.1.6 Category 6 – Playground Equipment

Products in this category include composite structures and individual components primarily for age groups 2-5 and 5-12. If Bidders have the capability, Planning and Design services can be offered on the contract.

All equipment must meet applicable U.S. Consumer Product Safety Commission (CPSC) standards for public playground safety. All equipment design and construction must meet applicable ASTM standards (ASTM F1487-

21) for safety performance. For ages 6 months to 23 months, equipment design and construction must follow ASTM F2373-11. Upon the Eligible Entity’s request, all Contractors must provide certification that applicable CPSC and ASTM standards are adhered to; such certification must be from IPEMA, or Contractor must submit an application form to document that the Contractor is in the process of obtaining an IPEMA certification.

Please see below minimum warranty standards that are required of all non-moving plastic and metal parts.

Warranty must cover structural failure due to warping, sagging, cracking, corrosion, deterioration, or manufacturing defects. Contractors must provide detailed assembly instructions upon delivery of equipment.

100-Year Limited Warranty: On all aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/natural deterioration or manufacturing defects, and on steel posts against structural failure due to material or manufacturing defects.

10-Year Limited Warranty: On concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks, or efflorescence.

8-Year Limited Warranty: On net climbers and climbing cables against defects in materials or manufacturing defects.

3-Year Limited Warranty: On all moving parts against failure due to corrosion/ natural deterioration or manufacturing defects.

This warranty does not need to include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will may only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray may not be covered by the standard warranty for any defects caused by corrosion.

Bidders must meet the Federal Comprehensive Procurement Guidelines (CPG) for recycled content for playground equipment as specified here: https://www.epa.gov/smm/comprehensive-procurement-guidelines-park-and-recreation-products#03. Bidder must be able to demonstrate that each offered product meets minimum content levels upon request.

If the Bidder has products that do not meet the minimum specifications, there will be a section on the Bidder Price Sheet where the Bidder must provide an explanation of why the product(s) does not meet the specifications. The SST will review on a case-by-case basis to determine if the products may be sold on the contract. Preference will be given to bidders that can meet the federal requirements. Bidders must also indicate the recycled content of the products on the Vendor Price File.

4.1.7 Category 7 – Playground and Outdoor Athletic Surfaces

Products in this category include outdoor athletic surfaces, synthetic turf athletic fields, rubber playground tiles, synthetic grass surfaces for playgrounds, wear mats, engineered wood fiber (EWF), and poured in place (PIP) rubber for playgrounds, splash pads, courts, running tracks, fields, and other related outdoor recreation.

There are growing concerns with environmental and health issues with Artificial Turf, including chemicals in infills and artificial grass fibers, migration of synthetic particles into the environment, and lack of disposal options for artificial turf. It is recommended that Bidders offer alternative options to conventional artificial turf.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guidelines-park-and-recreation-products#03 https://www.epa.gov/smm/comprehensive-procurement-guidelines-park-and-recreation-products#03

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 11

All equipment must meet applicable U.S. Consumer Product Safety Commission (CPSC) standards for public playground safety or athletic facilities as appropriate. All playground surfacing equipment design and construction must meet applicable ASTM standards as follows:

ASTM F1292-22: for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment;

applies to all playground related safety surfacing

ASTM F2075-20: for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment

ASTM F2479-17: for Specification, Purchase, Installation and Maintenance of Poured-In-Place Playground Surfacing

ASTM F3012-22: for Loose-Fill Rubber for Use as a Playground Safety Surface under and around Playground Equipment

ASTM F1951-21: Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment

All outdoor athletic surfacing design and construction must meet applicable ASTM sports and recreation standards.

Upon Eligible Entity’s request, all Contractors must provide certification that applicable CPSC guidelines and ASTM standards are adhered to; such certification must be from IPEMA, or Bidders must submit an application form to document that the Bidder is in the process of obtaining an IPEMA certification.

Bidders must meet the federal guidelines for products that are designed for use on playgrounds and athletic surfaces. This includes the USDA BioPreferred Program and minimum recycled content under the Comprehensive Procurement Guidelines (CPG). Bidder must be able to demonstrate that each offered product meets minimum content levels upon request.

• USDA BioPreferred:

o Playgrounds and Athletic Fields: Biobased content of 22%. Examples include materials that are applied to the surfaces of playgrounds, athletic fields, and other sports surfaces to enhance or change the color or general appearance of the surface and to provide safety and/or performance benefits. Such materials include, but are not limited to, top coatings, primers, line marking paints, and rubberized pellets that are used on athletic courts, tracks, natural or artificial turf, and other playing surfaces. This category does not include the artificial turf or surface itself, as that is included in the carpets product category o Carpets must meet the minimum biobased content of 7%. This includes floor coverings composed of woven, tufted, or knitted fiber and a backing system

• CPG: Plastic or rubber 90-100% Postconsumer content.

o Running Tracks

If the Bidder has products that do not meet the minimum specifications, there will be a section on the Bidder Price Sheet where the Bidder must provide an explanation of why the product(s) does not meet the specifications. The SST will review on a case-by-case basis to determine if the products may be sold on the contract. Preference will be given to bidders that can meet this requirement. Bidders must also indicate the recycled content on the Vendor Price File.

4.1.8 Category 8 – Site Furnishing/Amenities

Products in this category include site furnishings and amenities including but not limited to: benches, trash receptacles, bike parking/racks, planters, tables and chairs, tree guards and gates, signage, grills, fire rings, bleachers, flag poles, water bubblers, pet friendly features, etc. All plastic lumber in benches and tables must be guaranteed against undue warping, sagging, cracking, splitting, and rotting for a minimum of ten (10) years under file:///C:/Users/jwolfe/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/ST2H0KLH/The%20USDA%20BioPreferred®%20Program https://www.epa.gov/smm/comprehensive-procurement-guidelines-park-and-recreation-products#05 https://www.epa.gov/smm/comprehensive-procurement-guidelines-park-and-recreation-products#05

RFR FAC122 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-84893 Page 12 normal use conditions. All metal parts must be guaranteed against structural defects for a minimum of five (5) years.

Bidders must meet the Federal Comprehensive Procurement Guidelines for recycled content. Bidder must be able to demonstrate that each offered product meets minimum content levels upon request. This includes:

• Park Benches and Picnic Tables

• Bike Racks

• Plastic Fencing

• Signage

If the Bidder has products that do not meet the minimum specifications, there will be a section on the Vendor Price File where the Bidder must provide an explanation of why the product(s) does not meet the specifications. The SST will review on a case-by-case basis to determine if the products may be sold on the contract. Preference will be given to bidders that can meet this requirement. Bidders must also indicate the recycled content on the Vendor Price File.

4.1.9 Category 9 – Sport and Fitness Equipment

Products in this category include sports related equipment for skate parks, bike parks, basketball courts, soccer fields, football fields, pickle ball courts, lacrosse fields, field hockey fields, tennis courts, volleyball courts, baseball fields, track and field events, and other related sports facility equipment.