FAC124 RFR Amended.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: Building Maintenance Repair and Operations Product and Supplies

Agency Document Number: FAC124

COMMBUYS Bid#: BD-23-1080-OSD03-SRC3-82329

7/24/2023

AMENDMENT: 8/14/2023

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.

REQUEST FOR RESPONSE FAC124 Building Maintenance Repair and Operations Product and Supplies

Revision History

Version Number

Date Author Brief Description

1.0 07/24/2023 JCanela Initial release

2.0 8/14/2023 Jcanela 4.8 Compensation Structure Additional requirements for potential bidders

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

1.1.1 CHANGES FROM THE PRECEDING CONTRACT FAC100

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 LATE BIDS WILL NOT BE CONSIDERED

1.2.5 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 6

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 SPECIFICATIONS, ENVIRONMENTAL AND COST SPECIFICATIONS

4.1.1 DELIVERY TERMS

4.1.2 PRODUCT COMPLIANCE

4.2 SERVICE SPECIFICATIONS

4.2.1 ELIGIBLE SERVICES

4.3 TRAINING

4.4 RETURNS/DISPOSAL

4.4.1 MAINTENANCE/ POST-WARRANTY TYPES & SUPPORT

4.5 GEOGRAPHIC COVERAGE

4.6 ORDERING AND QUOTES

Table of Contents Page ii

4.7 ENVIRONMENTAL SPECIFICATIONS

4.7.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

4.7.2 REQUIRED ENVIRONMENTAL SPECIFICATIONS

4.7.3 DESIRABLE ENVIRONMENTAL SPECIFICATIONS

4.7.4 ENVIRONMENTAL PRACTICES FORM

4.7.5 ENVIRONMENTAL PLAN

4.8 COMPENSATION STRUCTURE/PRICING

4.8.1 BIDDER PRICE SHEET

4.8.2 VENDOR PRICE FILE

4.8.3 COMMBUYS PRODUCT CATALOG

4.8.4 ENVIRONMENTAL AND CLIMATE PREFERABLE PRODUCT CATALOG

4.8.5 COMMBUYS SETUP

4.8.6 PROMPT PAY DISCOUNT

4.8.7 AUTHORIZED PRICE CHANGES

5 SUPPLIER DIVERSITY PLAN (SDP)

5.1 PROGRAM BACKGROUND

5.2 FINANCIAL COMMITMENT REQUIREMENTS

5.3 ELIGIBLE SDP PARTNER CERTIFICATION CATEGORIES

5.4 ELIGIBLE TYPES OF BUSINESS-TO-BUSINESS RELATIONSHIPS

5.5 PROGRAM FLEXIBILITY

5.6 SDP PLAN FORM REQUIREMENTS

5.7 EVALUATION OF SDP FORMS

5.8 SDP SPENDING REPORTS AND COMPLIANCE

5.9 SDP SPENDING VERIFICATION

5.10 PROGRAM RESOURCES AND ASSISTANCE

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)

6.4 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 FILE SIZE LIMITS

7.2.2 FILE FORMAT RESTRICTIONS

7.2.3 FILE NAMING CONVENTIONS

7.3 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

7.3.1 QUOTE CONTENT

7.3.2 NON-COLLUSION

Table of Contents Page iii

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 REPLACEMENT OF CONTRACTOR STAFF

8.3.4 ADDING COMMODITIES ONLY IN ACCORDANCE WITH THE STATEWIDE CONTRACT

8.3.5 REQUESTING PRICE ADJUSTMENTS ONLY IN ACCORDANCE WITH STATEWIDE CONTRACT

8.4 VENDOR RELATIONSHIP MANAGEMENT

8.4.1 SUPPLIER BUSINESS REVIEWS

8.5 PERFORMANCE MEASURES

8.5.1 MINIMUM AMOUNT OF BUSINESS WITH THIS CONTRACT

8.5.2 CONTINUED QUALIFICATION BASED ON PERFORMANCE

8.5.3 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

8.6 ADDING ADDITIONAL CONTRACTORS

8.7 REPORTING REQUIREMENTS AND DUE DATES

8.7.1 REPORTING AND PAYMENT DUE DATES

8.7.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

8.7.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

8.7.4 AUDIT

8.7.5 OTHER TERMS

8.7.6 AD HOC REPORTS

8.8 PAYMENT RELATED TERMS

8.8.1 BILL PAYMENT

8.8.2 LATE PAYMENT FEES

8.8.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.8.4 CREDITWORTHINESS

8.8.5 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– INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

9.3 APPENDIX 3: ATTACHMENT A FAC124 MANDATORY SPECIFICATIONS AND DESIRABLE

CRITERIA

Table of Contents Page iv

9.4 APPENDIX 4: ATTACHMENT B FAC124 EPP VENDOR PRICE GUIDANCE DOCUMENT

9.5 APPENDIX 5: ATTACHMENT C FAC124 PUNCHOUT BUSINESS REQUIREMENTS AND TECHNICAL

SPECIFICATIONS

10 GLOSSARY

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the FAC124 Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Maintenance, Repair, and Operations (MRO) Products, Supplies, and Equipment (“Products”). 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 FAC100. The Contract will also be available for use by other Eligible Entities.

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 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 4.8 Environmental Specifications of this RFR.

This contract will contain only products that meet or exceed the minimum mandatory specifications as outlined in Attachment A FAC124 Mandatory Specifications and Desirable Criteria.

This contract includes the following five [5] categories and subsequent 10 additional product types.

Category 1: Electrical and Lighting Products and Supplies

Category 2: LED Roadway and Outdoor Area Lighting

Category 3: Plumbing and Heating Products and Supplies

Category 4: HVAC and Refrigeration Products and Supplies

Category 5: Building Envelope and Related Materials o Roofing Products and Supplies o Lumber Products and Supplies o Envelope systems products and supplies o Cement and Masonry Products and Supplies o Paint Product and Supplies o Ceiling tiles and components o Doors and Hardware o Window Components and Hardware o Drywall & Drywall Components o Building Metal Materials and Components o Other Building Envelope and Related Materials

1.1.1 Changes from the preceding contract FAC100

The SST has restructured the products provided under Statewide contract Maintenance, Repair, and Operations (MRO) Products, Supplies, and Equipment to enhance existing product specifications, including climate change

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 2 requirements and desirable specification. As such FAC124 categories have been restructured as defined the Attachment A FAC124 Mandatory Specifications and Desirable Criteria, which includes mandatory and desirable specifications for the categories. The FAC100 Category 10: Environmentally Preferable Products (EPP) has been removed from FAC124; however, FAC124 product offerings allows for the inclusion of all EPP products previously available under FAC100 Category 10.

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure 12/16/2022

Bid Release Date 7/24/2023

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”

8/8/2023

Official answers for Bid Q&A published (Estimated)

8/10/2023

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

Dates and Times Available:

TBD

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.

8/11/2023 8/14/2023

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

8/30/2023

Notification of Apparent Successful Bidder(s) (Estimated)

9/8/2023

Completion of Online Catalogs (Estimated) 10/1/2023

Estimated Contract Start Date (actual start date will be the contract effective date, which

10/1/2023

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 3 is the date the contract is executed by the parties)

See Appendix 2, "Electronic Quote Submission Instructions" 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.

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, 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.

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 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.

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 4

1.2.5 Debriefing

The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration:

The initial term of this Contract is five [5] years. In addition, this Contract has one [1] option to renew of up to five [5] years with a maximum possible contract duration of ten [10] years.

OSD will partner with awarded vendors and contract buyers to conduct routine business reviews. After the initial award, vendors may be given the option to renew their contract for up to five [5] additional years. Renewal of FAC124 is contingent upon successful contract performance. Vendor will have to meet Key Performance Indicators (KPIs.) to receive contract renewals. See RFR Section 8.4 Performance Measures for more information on KPIs.

1.3.2 Performance and payment time frames which exceed Contract duration All term leases, 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 beyond the final termination date of this Statewide Contract. No new leases, 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$88M. The Commonwealth makes no guarantee that any commodities 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 Q1 2023.

1.3.4 Estimated Number of Awards

There is no maximum number of awards per category. The SST intends to issue awards to Bidders who meet the minimum RFR requirement for FAC124. 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

☐ Rental (not to exceed 6 months)

☐ Term Lease

☐ License

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

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 5

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.

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 Procurement Exclusions

The sale of the following product groups is prohibited for all Contractors under this contract because they are covered by other Statewide Contracts including but not limited to the following and their successor contracts:

OFF50: Audio, video and studio production and presentation equipment

GRO39: Bottled Water

CLT08: Clothing, uniform, footwear, accessories, and hygiene supplies that are not personal protective equipment or safety supplies

FAC118: Cleaning Products- All cleaning products, Environmentally Friendly and Industrial Cleaning products

GRO40: Commercial kitchen appliances GRO40: Foodservice supplies

ITC80: Imaging equipment and supplies, including but not limited to photocopiers, fax machines, printers, multifunction devices and related supplies

ITC73: IT Hardware, such as desktops, laptops, tablets, servers, and storage

OFF45: Office, art and school supplies

FAC104: Playground equipment and structures

ITC71: Security surveillance and access control systems VEH110: Passenger and utility vehicles

PSE01: Professional-grade two-way radio systems, equipment, and services, including but not limited to trunking and Project 25, conventional radio systems, marine radios, public safety paging systems, fixed mobile data and automatic vehicle location systems and other similar equipment

FAC116: Tractor, lawn and ground and farm equipment over 30 hp

VEH109: Vehicle parts and tires

Category specific exclusions are detailed in Attachment A FAC124 Mandatory Specifications and Desirable Criteria.

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.

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 6

3.1.2 Years in the industry of the Bid

Bidders must submit on their Bidder Response form the number of years they have been in the industry and a summary of their experience in the industry prior to the bid open date of this solicitation (RFR submission deadline or see RFR Section 1.2, Estimated Procurement Calendar).

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

It is desirable that bidders provide technical assistance on their products to Eligible Entities beyond the requirements in Attachment A FAC124 Mandatory Specifications and Desirable Criteria. Bidders should review RFR Section 4.2.

Service Specifications on desirables and other requirements regarding Product Troubleshooting.

Bidders are asked to submit with in their quote response all applicable company third-party certifications, certifications, licenses, and affiliations.

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

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.

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 three [3] business references in the format presented in Bidder Response Form. It is important that contact information is provided for each business reference.

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.

The SST reserves the right to contact references on an as-needed basis.

4 COMMODITY SPECIFICATIONS, ENVIRONMENTAL AND COST SPECIFICATIONS

This contract will contain only products that meet or exceed the minimum mandatory specifications as outlined in Attachment A: FAC124 Mandatory Specifications and Desirable Criteria.

This contract includes the following five [5] categories and subsequent 10 product types for the updated Category 5:

Building Envelope and Related Materials:

Category 1: Electrical and Lighting Products and Supplies

Category 2: LED Roadway and Outdoor Area Lighting

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 7

Category 3: Plumbing and Heating Products and Supplies

Category 4: HVAC and Refrigeration Products and Supplies

Category 5: Building Envelope and Related Materials

Roofing Products and Supplies

Lumber Products and Supplies

Envelope systems products and supplies

Cement and Masonry Products and Supplies

Paint Product and Supplies

Ceiling tiles and components

Doors and Hardware

Window Components and Hardware

Drywall & Drywall Components

Building Metal Materials and Components

Other Building Envelope and Related Materials

Bidders are permitted to provide additional products under the “Other” product option and offer a description of the products provided in their Bidders Response form submission.

Changes from the preceding contract FAC100 also includes the removal of Category 10: Environmentally Preferable Products from FAC124. Contractors must comply with the Mandatory Specifications and Desirable Criteria found in Attachment A and are encouraged to offer additional products that may assist the Commonwealth in meeting our goal of Net Zero emissions by 2050. OSD is actively engaged in discussions with subject matter experts on the effects of climate change as it relates to environmental and climate preferrable product, supporting documentation, and may add products as needed to help achieve our goals.

4.1.1 Delivery Terms

Delivery must be made next day for in stock items. If a non-stock item is ordered, all efforts to supply the item within two business days should be made, if this cannot be done, an estimated delivery timeframe needs to be given to the Eligible Entity and every effort to have the item delivered as soon as possible needs to be made.

Contractors may be penalized for in stock items that are not delivered within the delivery timeframe unless an acceptable alternative is mutually agreed upon. In this event, the alternative delivery time should be documented by the Bidder in writing.

Contractors Bidders must coordinate time of delivery with the Eligible Entity, if requested. If the bidder uses an independent company to satisfy delivery request, the Bidder is responsible for ensuring that the delivery company coordinates with the Eligible Entity.

Late deliveries or deliveries that cannot be made within the above guidelines may be canceled at no cost to the Eligible Entity. As an example, an Eligible Entity may refuse or cancel the delivery of a product if it cannot be delivered by the last day of the Fiscal Year (June 30th) when it was ordered.

All deliveries will be F.O.B Destination.

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 8

4.1.2 Product Compliance

Bidders are responsible for ensuring that all products and equipment and services provided under the contract are in compliance with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. Bidders are responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

4.2 Service Specifications

This is a commodity only contract. There will be no services allowed under this contract. Services allowed under this contract pertain to Product Troubleshooting as defined below in RFR Section 4.2.1.1. Eligible Entities are encouraged to use the Statewide Contract for Tradesperson for any services that may be required.

4.2.1 Eligible services

4.2.1.1 Product Troubleshooting

It is important to the Commonwealth that any awarded contractor provide necessary product troubleshooting.

For purposes of this contract, product troubleshooting is defined as service required by an Eligible Entity to prevent the facility from having to shut down or to prevent imminent danger to any person on the facility’s property due to a fault or defect in a product purchased under this contract. It is the responsibility of the Contractor to supply a licensed engineer (either on staff or out-sourced contractor), for site visits, adjustment of product settings or professional advice as requested by the Eligible Entity. This service is intended to protect the Commonwealth from expenses incurred due to faulty or defective products purchased from said contractor. Therefore, it is expected that emergency services will be used minimally and only as necessary.

There must not be a fee for this service.

4.3 Training

Where applicable, the Commonwealth of Massachusetts recognizes a wide range of environmental, health and safety issues, associated with some of the products that may be purchased under the FAC124 categories of this contract. In addition to category specific requirements, Bidders are encouraged to offer educational and training programs as applicable to the Eligible Entities’ relevant personnel. Bidders must provide an overview of trainings and compliance capabilities on the Bidder Response Form.

4.4 Returns/Disposal

All products must have a return policy regardless of reason, so far as the product is not damaged due to negligence or maliciousness on the part of the Eligible Entity. Contractors may not charge a restocking fee on returns unless this is clearly made apparent to and agreed upon in writing prior to entering into an agreement with the Eligible Entity. All products delivered to ordering facilities will be new, including refurbished and recycled items allowable on the contract, and in unopened cases or boxes, or in a condition acceptable to the user/ purchaser.

Prior to issuing an order, Contractors must inform the Eligible Entity in writing about their Return Policy. For category specific requirements regarding returns and whether contractor will take back products for recycling or disposal. Refer to Attachment A FAC124 Mandatory Specifications and Desirable Criteria warranties.

All products available under FAC124 Categories 1-5 must meet the minimum environmental and safety requirements. Refer to Attachment A FAC124 Mandatory Specifications and Desirable Criteria document for category specific requirements.

4.4.1 Maintenance/ Post-Warranty Types & Support

Bidders must offer at least the manufacturer’s warranty on all products sold with the cost of the warranty included in the price. It is desirable that extended warranty options be offered at no additional charge. In cases where a written warranty is not shipped with the product it is the Bidder’s responsibility to inform the Eligible Entity of warranty coverage.

4.5 Geographic coverage

Bidders may select either single or multiple counties or statewide service. Bidders will be awarded for the counties in which they have chosen. It is expected that awarded vendors will service any request they receive from the county in which they are award. An Awarded vendor may be removed from a county if they refuse to service an area on multiple requests. Awarded vendors may only service counties that they were awarded.

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4.6 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.

4.7 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.

4.7.1 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

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 10 include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories.

Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

Vendors claiming environmental benefits of their products shall list the appropriate benefits or industry standard it meets in the quarterly sales reports, if applicable, or on separate annual reports.

Vendors are responsible for ensuring that all products and equipment and services provided under the contract are in compliance with applicable Federal, state, and local regulations. If applicable, the editions in effect as of the date of this solicitation are listed. Vendors are responsible for remaining compliant with any future revisions that are effective at the time of contract performance.

4.7.2 Required Environmental Specifications

All required environmental specifications may be found in Attachment A: FAC124 Mandatory Specifications and Desirable Criteria.

All bidders are required to provide an Environmental and Climate Preferable Product catalog at the time of the bid which may be updated by awarded vendors during the contract period. See Section 4.9.2 Environmental and Climate Preferable Product Catalog for more information.

4.7.2.1 Appliance Efficiency Standards

Pursuant to G.L. c. 25B, the Department of Energy Resources (DOER) has adopted regulations at 225 CMR

9.00 (https://www.mass.gov/regulations/225-CMR-900-appliance-energy-efficiency-standards-testing-and-certification-program), for testing the energy efficiency of certain appliance and lamps therein. Products covered by this regulation may not be shipped for sale in Massachusetts unless they have been certified by the DOER. Covered manufacturers must certify Covered Products to DOER in the Northeast Energy Efficiency Partnerships State Appliance Standards Database which can be found at https://neep.org/SASD.

Products not certified are prohibited under this contract.

4.7.3 Desirable Environmental Specifications

All desirable environmental specifications may be found in Appendix 3.

4.7.4 Environmental Practices Form

Bidders must complete this form, included in the Bidder Response Form in this RFR, and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environmental, climate or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental and climate initiatives they identify, however, bidders must substantiate all answers to receive additional points.

4.7.5 Environmental plan

Awarded vendors 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 (CompanyName_EPPPlan.pdf) to their Quote detailing a commitment to action contingent upon receipt of a Contract award.

4.8 Compensation Structure/Pricing

Bidders will be awarded based in part on the percentage discount they offer from Manufacturer Suggested Retail Price (MSRP) unless specified otherwise.

If Bidder cannot provide discount off MSRP, discount can be offered as List Price in the Bidder Price Sheet.

Bidder must clearly indicate they are providing List Price as opposed to MSRP. Bidders who provide List Price may be required to provide additional documentation at the request of the SST. Offered discount must meet the need of the Commonwealth of Massachusetts.

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4.8.1 Bidder Price Sheet

Bidders must submit a Bidder Price Sheet with their bid submission for the categories being bid. The MSRP price must be submitted by all Bidders showing the discount off MSRP in the bidder price sheet.

4.8.2 Vendor Price File

Upon award, vendors will be required to submit a full product catalog that will become their Vendor Price File for the category(s) awarded. The full product catalog may include, but not be limited to, the following:

Description o Name of Product o Size o MFR Identification Number (e.g., Manufacturers SKU) o UPC (As available) o UOM o Other unique product identifier

Product Category (FAC124 RFR Categories)

Vendor designated subcategories (if applicable)

Price Before Discount

Approved MSRP Discount at contract award (per submitted Bidder Price Sheet)

Price After Discount

Third Party certification or Standard

Recycled Content

Other EPP – See EPP Vendor Price Guidance for FAC124

Contract Price will be fixed for the first year of the contract. Contractors will be allowed to update pricing yearly.

See RFR Section 4.8.7 Authorized Price Changes.

Discount percentages must be fixed for the full term of the contract. The only time a change to the discount percentage may be requested is if the Bidder has the capability to increase the discount percentage from the original Bid.

4.8.3 COMMBUYS Product Catalog

Awarded vendors must agree to work with Commonwealth (OSD) Contract Manager and the SST to develop a COMMBUYS Product Catalog if needed. Pricing will be published on COMMBUYS under each individual vendor Master Record Purchase Order (MBPO).

4.8.4 Environmental and Climate Preferable Product Catalog

The Environmental and Climate Preferable Product Catalog will be available to Eligible Entities upon contract award. All pricing must be ceiling and not exceed rate.

Bidders must submit a sample catalog for environmental and climate preferable products only (as attachment CompanyName_EPPClimateCatalog.xls). Products with environmental third-party certifications, environmental standards, or other environmentally preferable characteristics must be identified as such. See the EPP Vendor Price Guidance for FAC124 RFR Section 9.4 Appendix 4 for a list of possible third-party environmental certifications, environmental standards, or other environmentally preferable characteristics. Pricing structure for this catalog must follow the compensation structure for FAC124 as detailed in the above RFR Section 4.9 Compensation Structure/Pricing.

4.8.5 COMMBUYS Setup

Upon contract award, OSD will utilize the e-procurement platform COMMBUYS to facilitate this bid.

Bidders have the option to commit to either a PunchOut Catalog or a Line-Item Catalog (see Glossary for definitions.)

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Awarded vendors have the option to provide a G2B ordering environment that will allow Eligible Entities to purchase directly from a PunchOut Catalog. See Appendix 5 FAC124 PunchOut Business Requirements and Technical Specifications.

When Eligible Entities solicit quotes or purchase from FAC124, COMMBUYS (the Commonwealth e- Procurement system) will have a Master Contract Record that will contain all applicable contract documents including, but not limited to, the RFR, Contract User Guide and all other contract specific documents.

When Eligible Entities obtain quotes, COMMBUYS will facilitate multiple quote requirements through Solicitation- Enabled Contract Record(s).

Vendor information such as their COMMBUYS Product Catalog, Volume Purchase Discounts (VPD), PunchOut Catalog and Navigation Guides, if applicable will be available in COMMBUYS under individual vendor Master Blanket Purchase Order (MBPO) records.

4.8.5.1 Volume purchase discounts (VPD)

Bidders are encouraged to offer volume discounts for large quantities orders. Bidders may respond on the Price Sheet identifying if the products have a VPD and what the additional offer includes.

4.8.5.2 Dock Delivery Discounts (DDD)

Dock Delivery shall mean delivery to the door or loading platform of the Eligible Entity’s place of business with no additional services provided by the vendor. Liability for product delivery will remain with the contractor until properly accepted and signed for by the Eligible Entity.

Bidders are encouraged to offer Dock Delivery Discounts. Bidders may respond on the Bidder Price Sheet identifying Dock Delivery Discounts offerings.

4.8.5.3 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 activities covered by the Prevailing Wage Law 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.

4.8.6 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.

4.8.7 Authorized Price Changes

Awarded vendors will be allowed to update their Vendor Price File(s) once per year. The MSRP percentage off discount must remain the same. Discount percentages must be fixed for the full term of the contract. The only time a change to the discount percentage may be requested is if the Bidder has the capability to increase the discount percentage from the original Bid.

Requests for price changes must be submitted three [3]-months prior to the anniversary date. This can be discussed with the Commonwealth (OSD) Contract Manager and the number of vendors should be considered.

Any such requests must be accompanied by documentation supporting the reasons for the requested change.

The request must include, and must be written on the Contractor’s letterhead:

Price increases and their source

Copies of old and new Vendor Price Files that clearly identify any or all applicable price changes.

The Commonwealth (OSD) Contract Manager and the SST will address price change requests by either negotiating a price change at the new price or denying the requested price increase. The SST reserves the right

RFR FAC124 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-82329 Page 13 to consider price increase requests in emergency situations. The SST decision on whether a specific situation is an emergency is final.

Eligible Entities reserve the right to negotiate price reductions based on increased volume at any point during the life of the contract.

5 SUPPLIER DIVERSITY PLAN (SDP)

5.1 Program Background

Pursuant to, Executive Order 599 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).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

5.2 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 responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

5.3 Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

Minority-Owned Business Enterprise (MBE)

Minority Non-Profit Organization (M/NPO)

Women-Owned Business Enterprise (WBE)

Women Non-Profit Organization (W/NPO)

Veteran-Owned Business Enterprise (VBE)

Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

Disability-Owned Business Enterprise (DOBE)

Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

5.4 Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

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Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

5.5 Program Flexibility

The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

SDP Partners are not required to be subcontractors.

SDP Partners are not required to be Massachusetts-based businesses.

SDP Partners may be changed or added during the term of the contract if the Contractor continues to meet its SDP Commitment.

5.6 SDP Plan Form Requirements

All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or…