FAC90 Contract User Guide 7.14.2024 - 2.docx

FAC90designatedDEP: Carpet and Mattress Recycling Services Statewide Contract UPDATED: July 14, 2024

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

Table of Contents:

Contract User Guide for FAC90designatedDEP

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

Updated: July 14, 2024 Template version: 7.0 Page 1 of 12 One Ashburton Place, Suite 1017 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

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

Updated: July 14, 2024 Template version: 7.0 Page 4 of 12 One Ashburton Place, Suite 1017 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

· Contract Summary

· Contract Categories

· Benefits and Cost Savings

· Find Bid/Contract Documents

· Who Can Use This Contract

· Subcontractors

· Supplier Diversity Requirements

· Pricing, Quotes and Purchase Options

· Instructions for MMARS Users

· Environmentally Preferable Products

· Emergency Services

· Additional Information/FAQ's

· Performance and Payment Time Frames Which Exceed Contract Duration

· Strategic Sourcing Team Members

· VENDOR LIST AND INFORMATION

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Contract Summary This contract will serve as the companion to a new MassDEP grant program to encourage municipalities to source separate mattresses for recycling and reuse. The grant will be offered to municipalities through an annual MassDEP solicitation that will be available beginning in April 2015. MassDEP expects this to be a multi-year grant program. Municipalities that meet grant terms and conditions will be authorized to utilize a state-contracted recycling Vendor at a subsidized rate for residentially generated, source separated mattresses. MassDEP will pay the transportation and processing subsidy directly to the designated state-contracted Vendors, based on a grant agreement between the municipality and MassDEP.

Contract Categories

Category 1: Carpet Recycling Services – NO VENDORS ON CONTRACT AT THIS TIME Category 2: Mattress Recycling Services Category 3: Recycling Services – Other Difficult-to-Recycle Materials

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

Waste Reduction: Discarded carpet and Mattresses represent segments of the waste stream that have the potential to be recycled at a much higher rate. Americans generate nearly 3.9 million tons of scrap carpet and rugs each year. Not only does scrap carpet take up considerable landfill space, but it is also bulky and difficult to handle, making it costly for local governments to manage. Carpet has been identified as a top regional priority in the northeast, as determined by Product Stewardship Institute and the Northeast Waste Management Officials Association in separate regional product prioritization discussions.

Cost Savings: Recycling carpet, mattresses and other difficult to recycle items creates jobs, reduces municipal waste management costs, saves resources, and can significantly reduce greenhouse gas emissions and reduce energy use. About 40 million mattresses and box springs are sold in the U.S. each year. Used mattresses represent a significant management cost for many local governments and institutions. Recycling keeps mattresses out of landfills and waste combustion facilities, which not only diverts waste, but also prevents damage to facility equipment caused by mattresses' bulky mass and metal box springs. Up to 95 percent of mattress components—steel, cotton, and foam—are recyclable.

Find Bid/Contract Documents

· To find all contract-specific documents, including the Contract User Guide, RFR, specifications, price sheets and other attachments, visit COMMBUYS.com and search for FAC90designatedDEP to find related Master Blanket Purchase Order (MBPO) information.

· To link directly to the MBPO for FAC90designatedDEP visit Master Blanket Purchase Order PO-15-1045-BWP00-BWP01-00000005711 Who Can Use This Contract Applicable Procurement Law Executive Branch Goods and Services: MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00;

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

Eligible Entities Please see the standard list of Eligible Entities on our Who Can Use Statewide Contracts webpage.

01. Cities, towns, districts, counties and other political subdivisions

02. Executive, Legislative and Judicial Branches, including all Eligible Entities and elected offices therein;

03. Independent public authorities, commissions and quasi-public agencies

04. Local public libraries, public school districts and charter schools;

05. Public Hospitals, owned by the Commonwealth;

06. Public institutions of high education

07. Public purchasing cooperatives;

08. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

09. Other states and territories with no prior approval by the State Purchasing Agent required; and

010. Other entities when designated in writing by the State Purchasing Agent.

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

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

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

Contract User Guides that require the department to solicit quotes or issue a statement of work:

When soliciting quotes, the following requirements apply:

· Include SBPP contract language and place it prominently within the RFQ.

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

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

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

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

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

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

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

Pricing, Quote and Purchase Options Purchase Options The acquisition method(s) to acquire goods and/or services from this Bid include fee for service and rental (of containers only).

Pricing Options Pricing and compensation details: Pricing for all services included in this contract are available in the Master Price File located at www.commbuys.com. Cities and towns that are designated as MassDEP grant recipients (Grantee Municipalities) will utilize the contract under special arrangement whereby MassDEP will pay the Vendor(s) directly for Contract Materials recycling services, on behalf of the municipality. In the case that MassDEP covers only a portion of costs for Grantee Municipalities, those municipalities will be responsible for paying the invoices representing the balance of those costs.

Eligible Entities that are not a participant in the MassDEP grant program for carpet and mattress recycling are responsible for executing their own purchase orders and paying their own invoices for services acquired from this contract.

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

When contacting a vendor on statewide contract, always reference FAC90designatedDEP to receive contract pricing.

How To Purchase From The Contract

· Step 1: Download Master Price File: Eligible Entities are encouraged to access and download the Master Price File on www.commbuys.com and compare the costs of the four vendors located therein.

· Step 2: Compare Costs Based on Desired Service: Cost comparisons are based according to Service Description and the price per unit located within each category. For instance, in the Processing/Recycling Category (for materials that are delivered to the facility), pricing is based on a dollar per piece pricing structure. Pricing in the Transportation Service Category is based on Container Type (40 Cubic Yard Roll-Off, 48’ Trailer, and 53’ Trailer) and the distance travelled from the Eligible Entity to the sorting/processing facility. In the Container Rental Service Category pricing is based on the type of container used (40 Cubic yard Roll-Off, 48’ Trailer, and 53’ Trailer) in a monthly rental capacity. While specific bids are not included within the Curbside Collection Category, contract users may solicit services with vendors under Contract FAC90, subject to the terms and conditions agreed to by the parties and under this contract.

· Contract use in COMMBUYS: Contract users must create a solicitation-enabled requisition and issue a closed bid to the contractors awarded to service their region (see information below). Such bids must provide adequate time for contractors to conduct initial assessments of the facilities to be serviced. Commonwealth Departments must document the results of quote evaluation by making an award and generating a PO in COMMBUYS.

Obtaining Quotes Contract users should always reference FAC90designatedDEP when contacting vendors to ensure they are receiving contract pricing. Quotes, not including construction services, should be awarded based on best value.

To create the bid for quoting through COMMBUYS, follow the below steps:

1. Start with a New Requisition, on the General Tab, Fill in all required information and make sure to check off the Solicitation Enabled check box.

2. Within the requisition, Click on the Items tab, click ‘Search Items’; then click the plus sign next to Advanced Search to do an advanced search. Use FAC90 in the Description field; or enter the MBPO number PO-15-1045-BWP00-BWP01-00000005711 in the Contract / PO# field.

3. Once item is added to the requisition, COMMBUYS will bring you to the Items tab and have an error message saying that the line item needs to have a value greater than 0. Click on Enter Info under the Catalog Price/ Unit Cost and enter in the estimated cost. This can be hidden from the bid before sending it to the vendors.

4. Next click on the Distributor tab and select the vendors you want to solicit quotes from.

5. Attach your Statement of Work and any other pertinent documents in the Attachment tab, making sure to check the box that says Show to Vendor.

6. The Reminders tab can be used for internal reminders.

7. Review the Summary Tab, and then Submit for Approval.

8. Once Approved, the Requisition will turn into a bid ready for purchasing, once it is in this status, you will need to click Convert to Bid.

9. Once it is converted to a bid, you will go through the tabs and enter in the required information. On the Items tab you can delete the cost that was previously entered on the requisition so no estimated cost shows to the vendor, or if you leave the previously entered cost this will show to the vendor as an estimated cost.

10. Once everything is reviewed, it is then submitted for approval and sent to the vendors.

11. After quotes are received and evaluations are completed, awards and orders should be placed through COMMBUYS off of the Bid.

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

· The COMMBUYS Purchase Orders section, and choose the How to Create a Solicitation Enabled Bid Using a Release Requisition job aid.

Instructions for MMARS Users FAC90*MMARS users must reference the MA number in the proper field in MMARS when placing orders with any contractor.

Environmentally Preferable Products (EPP) EPP Products and Services Guide

COVID-19:

As the CDC has found that COVID-19 is contracted primarily through airborne transmission, organizations may wish to reevaluate cleaning protocols and apply disinfectants to surface areas only as needed. Disinfectants used for this purpose should be listed on EPA’s List N: Disinfectants for Use Against SARS-CoV-2, and it is recommended to choose safer disinfectants (find more information about safer disinfectants on the Toxics Use Reduction Institute’s COVID-19: Safely Clean & Disinfect webpage) which may be found on the FAC118: Environmentally Preferable Cleaning Products, Programs, Equipment and Supplies contract. In addition, hand sanitizers must contain at least 60% ethanol per the Centers for Disease Control (CDC) guidance.

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

Additional Information/FAQs Summary of Contractor Qualifications The following is a summary of contractor qualifications that have been reviewed prior to awarding each contractor. The complete description of qualifications and specifications for all contractors and those for specific categories is provided in the Request for Response (RFR) document FAC90, posted under the “Attachment” tab of this contract on COMMBUYS.

All Contractors:

· Company experience (at least 3 years in business)

· Description of technical qualifications and service experience.

· Qualification of Subcontractors

· Recycling Services Specifications

· Insurance levels (workers’ compensation, general liability, motor vehicle liability).

· History of past performance and/or references.

· Supplier Diversity Program (SDP) Plan.

· Prompt payment discount.

Category 1 – Carpet Collection and Recycling Services

· Ability to process sorted carpet into marketable commodities at their own facility.

· Demonstrated recycling rate that exceeds 50% by weight.

· Ability to set aside incoming carpet that is deemed suitable for reuse and find reuse outlets.

· Ability to weigh incoming contracting materials at their own facility.

· Ability to accept some quantity of commercial carpet for recycling. If offered, pricing for Commercial Carpet recycling should be included in the Price Sheet.

· Ability to collect comingled Mattresses and Carpet in a single container.

· Ability to provide evidence of a contractual relationship, partnership or long-term supply contract with the Downstream Processors or Recyclers identified in the Response Form.

· Ability to provide curbside collection of residential carpet on a fee-for-service basis (to be paid by the Eligible Entity Category 2 – Mattress Collection and Recycling Services

· Ability to demonstrate a recycling rate that exceeds 85% by weight. Higher recycling rates will be favorably evaluated.

· Accept mattresses in alternative storage containers or arrangements, as agreed upon with Collection Sites.

· Ability to set aside incoming carpet that is deemed suitable for reuse and find reuse outlets.

· Ability to weigh incoming Contract Materials at their facility.

· Ability to accept commercially generated Contract Materials.

· Ability to collect comingled Mattresses and Carpet in a single container.

· Ability to provide evidence of a contractual relationship, partnership or long-term supply contract with the Downstream Processors or Recyclers identified in the Response Form.

· Ability to provide curbside collection of residential mattresses on a fee-for-service basis (to be paid by the Eligible Entity).

Category 3 – Optional Recycling Services: Collection, Processing and Recycling of Wood and Upholstered Furniture and Other Difficult-to-Recycle Materials

· Ability to offer transportation services and accept delivery of materials

· Ability to set aside incoming materials that are deemed suitable for reuse and find reuse outlets.

· Ability to weigh incoming Contract Materials at their facility.

Other Discounts

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

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 12 months beyond the current contract term of this Statewide Contract as stated on the first page of this contract user guide. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

Memorandum of Understanding/Statement of Work In addition, make sure to include language instructing buyers to make clear that all associated documents reference the statewide contract by its number.

Strategic Sourcing Team Members

· Rachel Smith (DEP)

· Shaun Santos (DEP)

· Brooke Nash (DEP)

· Janine Bishop (DEP)

· Nicauris Santana (OSD)

· Holly Turner (OSD)

Vendor List and Information*

(PPD, Dock Delivery, Other)

1.75% - 15 days 1.5% - 20 days 1% - 30 days

0.75% - 15 days 0.5% - 20 days

(978) 730- 8266 deb@rawmatrec.com

4% - 15 days 3% - 20 days

(978) 856-3997 rfebles@utecinc.org

1% - 30 days image1.png