FAC98 Request for Response_Amended 3.23.2018~1.docx

REQUEST FOR RESPONSE

Floorcovering and Accessories, Floorcovering Installation, Maintenance and Repairs RFR # FAC98 / COMMBUYS Bid# BD-18-1080-OSD03-SRC01-23584

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Floorcoverings and Accessories, Floorcovering Installation, Maintenance and Repairs

Agency Document Number: FAC98

COMMBUYS Bid#: BD-18-1080-OSD03-SRC01-23584

March 7, 2018 Amended March 23, 208 – Amendments in Red

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. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

Contents

Introduction and Bid Overview Description or Purpose of Procurement The Commonwealth of Massachusetts and the Floorcoverings and Accessories, Floorcovering Installation, Maintenance and Repairs Strategic Sourcing Services Team (SSST) are soliciting Bidders for the acquisition of carpeting, hard surface flooring, related products and accessories, and installation, maintenance and repair.

Estimated Procurement Calendar

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

Additional Trainings: http://www.mass.gov/anf/docs/osd/training/vendor-schedule-fall2017-winter2018.pdf Dates and Times Available:

How to Locate and Respond to Bids in COMMBUYS Monday, March 26, 2018, 1PM EST Location:

Live Webinar Online Link to Register: https://www.eventbrite.com/e/vendor-webinar-how-to-locate-and-respond-to-bids-in-commbuys-online-training-tickets-27014631490

*It is important that Contractors who wait to submit until the Bid Opening Date allow adequate time (at least 4-6 hours prior to the “Bid Opening Date/Time” in COMMBUYS is recommended) for the submission process. Once the COMMBUYS clock turns to 3PM EST Bidders will no longer be able to submit a quote as the system shuts down the capability. Quotes that are currently in process cannot be submitted once the COMMBUYS clock turns 3PM EST.

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

Submission of Bid Questions The “Bid Q&A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Services Team (SSST) 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 SSST 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 SSST 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.

Bidders and awarded Contractors are required to view the COMMBUYS requirements associated with this bid are responsible for compliance with those requirements.

Locating 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 Bidders access to the Bid Q&A page.

Bid Amendment Deadline The SSST 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 SSST 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.

Late Bids will not be Considered Bid responses must be received in full by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration and deemed as non-responsive. Each offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFR. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your quote will not be completed and received by the system.

Debriefing The SSST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the resulting Master Blanket Purchase Order being posted on COMMBUYS. The SSST will provide debriefing guidelines in advance of each debriefing.

Applicable Procurement Law:

Acquisition Method:

The acquisition method(s) to acquire goods and/or services from this Bid are identified below.

Anticipated Contract Awards:

Check One (“X”):

Estimated Number of Awards The target maximum number of Contractors is up to ten vendors per county. The target minimum number of Contractors for Category 3 (Installation, Maintenance and Repair) per county is three (3) to comply with MGL c. 149; MGL c. 30 § 39M; the SSST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, and adequate sales volume; OSD reserves the right to reduce the number of awarded contractors for the duration of the agreement.

Adding Contractors after initial Contract Award If, over the life of the contract, the SSST determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

The SSST also reserves the right to suspend the review of additional submissions for specific regions or close the Bid for new Quotes entirely if it deems that the number of Contractors awarded at that point adequately meets the needs of eligible entities. If, subsequent to such a decision, the SSST determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

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 three (3) months beyond the final termination date of this Statewide Contract. This is only applicable for Category 3 (Installation, Maintenance and Repair). This is not applicable for Category 1 (Carpet) and Category 2 (Hard Surface Flooring). No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired. Any contractor entering into new engagements with eligible entities after contract expiration will be subject to remedial measures, including but not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

Entities Eligible to Use the Resulting Contract Statewide Contract – Open for Use by All Eligible Entities. Any Contract(s) resulting from this Bid will be open for use by the following entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

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

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

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

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

10. 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.

Anticipated Contract Duration:

Initial Duration

Three (3) Years

Total Maximum Contract Duration

Seven (7) Years

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $5.3M. 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.

The “Estimated Value (US$)” for this Bid was based on the following: This Estimated Value was derived by reviewing Executive Agency spend in MMARS for FY 2010 Q3 through FY2015 Q2.

Procurement Scope and Description On behalf of the Commonwealth of Massachusetts, OSD and the Floorcovering and Accessories, Floorcovering Installation, Maintenance and Repairs Strategic Sourcing Services Team (SSST) are soliciting Bidders for the acquisition of carpeting, hard surface flooring, related products and accessories, and installation, maintenance and repair. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Statewide Contract will also be available for use by other eligible entities listed in Section 2.12. Each Commonwealth Agency and eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Statewide Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

The following constitute a list of Product and Service Categories to be covered by this RFR; these category descriptions are general in nature and are described in greater detail in Section 5 of this RFR. Interested Bidders can submit responses for one or more categories.

· Category 1: Carpet- Products in this category includes broadloom, tile, related products and accessories

· Category 2: Hard Surface Flooring - Products in this category includes resilient flooring (all types, including vinyl, linoleum, cork, and rubber), ceramic tile, wood flooring (all types, including engineered wood flooring and solid wood (pre-finished or unfinished), bamboo, and cork), laminate flooring, stone related products and accessories

· Category 3: Installation, maintenance and repair, with turn-key service option Bidder Qualifications Company experience Business background A detailed narrative profile of the Bidder’s Company providing details must be submitted with the bid response on the Bidder Response Form, providing information such as company experience as it relates to this RFR, number of years in business, number of employees, experience servicing government/commercial accounts, etc.

Years in business All bidders must have been providing products/services for the categories being bid consistent with this RFR for at least three (3) years prior to the Bid Opening Date indicated on the FAC98 Bid record in COMMBUYS.

Category 3 – bidders must have been a certified installer for the respective product manufacturer for a minimum of 2 years prior to the Bid Opening Date indicated on the FAC98 Bid record in COMMBUYS.

Organizational Chart Bidders must submit with their bid response an organizational chart identifying key personnel.

Financial stability and disclosures The Bidder must disclose as an attachment a summary of bankruptcy, litigation and/or contract defaults in their Bid Submission. In addition, Bidders must submit a current Certificate of Good Standing from the MA Department of Revenue (DOR) - http://www.mass.gov/dor/businesses/programs-and-services/certificate-of-good-standing.html. If the certificate of Good Standing has not been provided by DOR the bidder will be required to submit a COPY of the confirmation from the DOR that the bidder is pending receipt of the certificate. The SST reserves the right to disqualify Bidders if information provided in response to this section represents excessive risk to the Commonwealth.

The SST reserves the right to request additional information regarding information submitted.

Business References and reference information and/or requirements At a minimum three (3) letters of reference MUST be submitted with bid response from any institutional account, or from the largest customer in MA if available. In addition to the letters of reference a reference form must be completed. The “Reference Form” is available in the attachment entitled “FAC98 Required Forms” on COMMBUYS. All references cited must be business entities with whom there has been a government and/or commercial business relationship within the last three (3) years.

Insurance The Contractor must take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage while performing services under this Contract. It is the Contractor's responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Contractor must replace/repair, at the eligible entity’s sole option, any property damages incurred during performance.

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L. c. 258 (which has the same effect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L. c. 29, § 30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own. Eligible entities may incorporate additional insurance requirements in their Statement of Work for services under this contract.

The Bidder(s) awarded contracts pursuant to this RFR must have the following insurance coverage listed below and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide certified copies of all insurance policies currently in place, including Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as identified below. Upon request, prior to beginning work pursuant to this RFR, the Contractor must provide the eligible entity with certified copies of their insurance policies. Upon request, prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide OSD or the eligible entity with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Worker’s Compensation Insurance When signing the Commonwealth Standard Contract Form, provided upon award of a contract for Tradesperson, the Bidder confirms compliance with applicable state and federal employment laws or regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152.

Comprehensive General Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage: bodily injury and death liability; personal injury liability (with no employee exclusion): Independent Contractor protective liability; broad form property damage (with X, C, and U coverage) and contractual liability. This insurance shall not contain a care, custody and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured or as designated and agreed upon by purchasing eligible entity. This insurance shall be written with respect to all coverage, for not less than the following policy limit: one million ($1,000,000) per each occurrence and one million ($1,000,000) aggregate.

Comprehensive Business Motor Vehicle Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible, including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per each occurrence; $1,000,000 aggregate.

The general liability and motor vehicle insurance required by this RFR may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies shall follow form, without exclusions or reductions in coverage over the primary liability insurance policy. All policy limits for insurance coverage required by this RFR shall be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy, and must state that the insurer is liable for payment of amounts within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

Emergency Response Capabilities In a declared state of emergency where the safety and wellbeing of Commonwealth 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. The Bidder’s Quote should include the following:

· Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency, including both statewide and company.

· A list of emergency contact information including name, position/title, phone, email and cell phone.

This information will not be considered in the evaluation of the Quote.

Category Specifications General Commodity Specifications all categories Eligible commodities This contract covers carpet and hard surface flooring, related products, accessories, and installation, maintenance and repair.

Warranties and product support All products must carry a valid commercial warranty. Please see specific product categories for minimum warranty requirements. Product warranties must be clearly stated and provided to the eligible entity prior to an order being placed.

Delivery Terms If required, Contractors must have ability to arrange for delivery of products to Installation Company marked and tagged with identity and destination of eligible entity.

Returned Goods Policy All products must carry a return policy. Return policies must be clearly stated and provided to the eligible entity prior to an order being placed.

Building Code All products must satisfy building code, IBC (International Building Code) Section 804 Interior Floor Finish - https://codes.iccsafe.org/public/document/IBC2015/chapter-8-interior-finishes.

Disclosure of Chemicals and Materials of Concern Bidders must disclose on the price sheet whether each product offered on the contract contains any of the following chemicals and materials of concern. It is desirable that Bidders offer products free from the chemicals and materials listed below.

1. Antimicrobials

2. Coal fly ash

3. Flame retardants

4. Fluorinated stain- resistant chemicals (e.g. per fluorinated chemicals (PFCs))

5. Formaldehyde

6. Lead

7. Mercury

8. Nanomaterials

9. Phthalates

10. Polyvinyl chloride (PVC) Bidders must disclose on the price sheet whether each product offered on the contract has a California Proposition 65 warning label notifying consumers that it contains a chemical known to the State of California to cause cancer, birth defects or other reproductive harm. Link to additional information - https://oehha.ca.gov/proposition-65 Environmental Product Declaration Bidders must disclose on the price sheet whether each product offered has an Environmental Product Declaration (EPD) Transparency Summary. It is desirable for all products to have EPD Transparency Summary. An EPD is a comprehensive disclosure of a product’s lifecycle-based environmental impacts. If possible, the EPD should conform to industry standards such as ISO 14025, which was developed by the International Organization for Standardization (ISO).

Packaging Packaging shall be reusable and recyclable to the greatest extent possible with at least 90% of the product packaging by weight consisting of reusable or recyclable commodities (e.g. cardboard, paper, and wood). It is desirable for packaging to contain at least 25% post-consumer recycled content.

Use of Environmental Marketing Claims All claims must comply with US Federal Trade Commission Guides for the Use of Environmental Marketing Claims at http://www.ftc.gov/bcp/grnrule/guides980427.htm Category 1 – Carpet This category is for products only. Manufacturers and authorized dealers/distributors can bid on this category. Contractors who bid this category (manufacturers and authorized dealers/distributors) must provide all required information. Products in this category includes broadloom, carpet tile, related products and accessories. All products in this category must meet or exceed all Federal, State and local standards/regulations.

General Requirements All broadloom and carpet tile must meet the following:

· Certified NSF/ANSI‐140® Standard (most recent version) OR Certified by the Cradle to Cradle Innovation Institute at the Silver achievement level or higher. Bidder shall provide proof of independent third‐party certification with bid submission.

· Carpet must be a solution‐dyed product, a manufacturing process where colored dye is thoroughly mixed into the liquid fiber solution BEFORE fibers are extruded, bringing the color all the way through the fiber. This technique results in a colorfast product that is highly resistant to fading or bleached color effects, allowing cleaning with a mild bleach solution ideally suited for settings where stains and germs can be a “house-keeping” issue. Solution-dyed fabrics are a perfect choice of floorcovering in high-traffic settings.

The SSST reserves the right, if deemed necessary with industry change, throughout the life of the contract to increase NSF/ANSI‐140® Standard (most recent version) achievement level or to block products from the contract that contain chemicals or materials of concern.

Warranty At a minimum all carpet must have a ten year warranty from the date of Certificate of Agency Use and Occupancy. Carpet manufacturers must replace carpet that does not comply with specifications or that fail within the specified warranty period.

Recycled Content and Recyclability It is desirable that the products have at least 10% post-consumer recycled content or 30% total recycled content.

It is desirable that carpet is able to be recovered for recycling or reuse. It is desirable for all carpet to be labeled with the primary material type, in order to facilitate recycling at the end of its useful life. Vendors will be required to report back yearly on the status of labeling products, and goals for the next year. The SSST reserves the right to make this a requirement.

Adhesives Massachusetts 310 CMR 7.18(30) establishes volatile organic compound (VOC) limits for industrial and commercial adhesives, sealants, adhesive primers, sealant primers, and associated surface preparation and cleanup solvents. The regulations also establish requirements for application techniques, container labeling, work practices, and recordkeeping. For more information about these requirements, see https://www.mass.gov/files/documents/2016/08/va/adhfacts.pdf In addition, all carpet and flooring adhesives must have earned at least one the following 3rd party certifications:

· Green Seal

· UL EcoLogo

· Scientific Certifications Systems (SCS) FloorScore

· UL GREENGUARD Gold

· Carpet and Rug Institute (CRI) Green Label Plus

· SQ

OR

It must comply with the VOC limit (50) established in Rule 1168 by the South Coast Air Quality Management District (SCAQMD).

Adhesives may not contain any chemicals that are:

· On the Prop 65 list of substances that are known to the State of California to cause cancer, birth defects or other reproductive harm. This may include, for example, benzene, formaldehyde, methylene chloride, n-hexane, perchloroethylene, or toluene;

OR

· Listed by the Association of Occupational and Environmental Clinics (AOEC) as an asthmagen. This may include, for example, epoxy resins, diisocyanates, latex, and urea formaldehyde. The AOEC list can be accessed as http://www.aoecdata.org/expcodelookup.aspx OR It is desirable to offer “no glue” installation methods which will virtually eliminate VOCs from installation to the purchasing entity.

Carpet Cushion Carpet cushion (also called padding) is only applicable for certain broadloom installations; therefore, these specifications only apply for that use.

Carpet cushion must be certified by one of the following:

· Carpet and Rug Institute’s Green Label Plus

· Scientific Certification System’s FloorScore

· UL GREENGUARD Gold

· Cradle to Cradle (C2C) Innovation Institute (at the Silver level or higher) It is desirable for carpet cushion to meet the minimum recycled-content Comprehensive Procurement Guidelines established by the US EPA. https://www.epa.gov/smm/comprehensive-procurement-guidelines-construction-products#03 Related Products and Accessories Products in this category include but are not limited to area rugs, mats, etc.

Category 2 – Hard Surface Flooring This category is for products only. Manufacturers and authorized dealers/distributors can bid on this category. Contractors who bid this category (manufacturers and authorized dealers/distributors) must provide all required information. Products in this category include resilient flooring (all types, including vinyl, linoleum, cork, and rubber), ceramic tile, wood flooring (all types, including engineered wood flooring and solid wood (pre-finished or unfinished), bamboo, and cork), laminate flooring, stone related products and accessories. All products in this category must meet or exceed all Federal, State and local standards/regulations.

General Requirements All hard surface flooring must have at least one of the following attributes:

· Certified by the Cradle to Cradle Innovation Institute at the Silver Level or Higher

· Certified by Scientific Certification System (SCS) Under Its FloorScore Standard

· Certified to UL GREENGUARD Gold

· Certified by the Forest Stewardship Council (FSC) Warranty All products must have a minimum warranty as standard with the industry.

Recycled Content and Recyclability It is desirable that the products have at least 30% post-consumer recycled content or 50% total recycled content.

Resilient Flooring Floor tiles and sheet product (plastic and rubber, including heavy duty) must meet the following criteria:

· Rubber tile flooring must conform to ASTM D 412, ASTM D 2240 – 05, ASTM F 1344 12e.

· Sheet vinyl floor covering must conform to ASTM F 1303 04, ASTM F 1516, ASTM F 1913 04, ISO 10581, and ISO 10582 and/or ASTM F 1700 13a.

· Sheet and tile linoleum must conform to ASTM F2034, ASTM F2195 – 13, ASTM F137, ASTM F925, ASTM F1514, ASTM F1515, ASTM F1516.

· Vinyl composition tile flooring must conform to ASTM F 1066 04 and ISO 10582 and/or ASTM F 1700 13a.

· Solid vinyl tile/luxury vinyl tile must conform to ISO 10582 and/or ASTM F 1700 13a.

Laminate Flooring Laminate flooring is a multi-layer synthetic flooring product fused together with a lamination process.

Category 3 – Installation, Maintenance and Repair This is a service category for installation maintenance and repair. It also includes a turn-key service component.

General Requirements Products installed, maintained and repaired under the resulting agreement(s) must meet or exceed the manufacturer’s instructions and/or installation recommendations including any special precautions, industry recommended best practices, and performance tests and specifications. Installation, maintenance and repair (as defined in Section 5.4.3) must meet or exceed any applicable Federal, State, and Local Building Codes, Requirements, or Standards. The contractor is the expert and in all projects and situations is responsible for site inspection and to advise the purchasing entity on the proper product, preparation work, and installation. Contractors must state on the Price Sheet the manufacturer(s) that they intend to provide installation, maintenance and repair services for. In stating the manufacturer(s) on the Price Sheet the Contractor confirms that they are authorized and trained to install the manufacturer’s product by the manufacturer.

Experience Documentation Vendors are required to provide documentation of at least two (2) government, commercial and/or industrial floor installations with the types of materials within the past five years of the Bid Opening Date indicated on the FAC98 Bid record in COMMBUYS.

Construction Law Compliance All work performed under this contract must comply with the Massachusetts construction laws, M.G.L. c. 149 and M.G.L. c. 30 s. 39M. For reference, see: http://www.mass.gov/ig/publications/guides-advisories-other-publications/procurement-charts-november-7-2016.pdf This contract is to be used for construction, reconstruction, alteration, installation, demolition, maintenance or repair services and, if needed, associated materials. It is the responsibility of the Eligible Entity to consult their legal counsel for assistance determining whether installation work includes construction as defined by M.G.L. c.149 or M.G.L. c.30, §39M. Services provided under this contract (i.e. labor) are limited to $50,000 or less per engagement.

Eligible Entities will be allowed to contract with any contractor under Statewide Contract FAC98 for services for building or public works construction projects estimated to cost less than $10,000 without the need to solicit multiple written price quotations when procuring these services, unless required by the eligible entity’s internal procurement policies and requirements. Eligible Entities must use sound business practices which require a record that includes, at a minimum, the name and address of the person from whom the services were procured.

If using Statewide Contract FAC98 for services for c. 149 building construction or c. 30, s. 39M public works projects estimated to cost between $10,000 and $49,999.00 (this amount is capped for labor only), public agencies will be required to solicit at a minimum responses from at least three (3) FAC98 contractors and MUST receive two (2) written responses, provided that the contract shall be awarded to the responsible person offering to perform the contract at the lowest price quotation. If the project requires additional equipment/parts/materials the costs associated with such equipment/parts/materials may exceed $50,000 cost limit.

In instances where Statewide Contract FAC98 is used for services in excess of $25,000, MGL c. 149, s. 29 payment bonds are required from the selected Contractor. It is the responsibility of the eligible entity to enforce this requirement when soliciting quotes. Eligible Entities may require additional performance and payment bonds from the Contractor, which would be detailed in the Statement of Work.

All awarded Contractors will be required to execute statements of work for engagements under this contract that incorporate applicable public construction law requirements including, but not limited to: employment requirements, labor harmony and OSHA training certifications, change orders and adjustments, foreign corporations, payment requirements, weather protection, financial reporting, auditor’s certification.

Construction projects exceeding these limits are not permitted under this contract. Additionally, MGL c. 7C, ss. 44-57, Design Services for Public Building Projects, is outside the scope of this statewide contract.

The SSST reserves the right to amend these specifications at any time based on changes in construction laws and policies. Contractors will be required to comply with such amended specifications Prevailing Wage Law As a condition of contract award, Bidders must comply with the Prevailing Wage Law, as administered by the Commissioner of Labor and Workforce Development/Division of Occupational Safety (DOS), 399 Washington Street, 5th Floor, Boston MA 02108-5223, (617) 727-3492. All employees of Contractors engaged in these activities must be paid at least these rates for any work performed under a Contract resulting from this RFR when working in a public building or on a public work.

Buyers/Eligible Entities are required to request online prevailing wage rate sheets at http://www.mass.gov/lwd/labor-standards/prevailing-wage-program/ or by calling the Department of Labor Standards at 617 626 6975.

· The wages listed on the wage schedule must be paid to employees on public works projects regardless of whether they are employed by the prime contractor, a filed sub-bidder, or any sub-contractor.

· The wage schedule applies to all phases of the project, including the final clean-up. Contractors whose only role is to perform final clean-up must pay their employees according to this wage schedule.

· All apprentices must be registered with the Massachusetts Division of Apprenticeship Training (DAT) in order to be paid at the lower apprentice rates. All apprentices must keep his/her apprentice identification card on his/her person during all work hours. If a worker is not registered with DAT, they must be paid the “total rate” listed on the wage schedule regardless of experience or skill level.

· Pursuant to MGL.Ch 149 s.27B, every contractor and subcontractor is required to submit a "true and accurate" copy of their weekly payroll records directly to the Eligible Entity. Failure to comply may result in the commencement of a criminal action or the issuance of a civil citation. Failure to comply with payroll records may result in suspension or termination of state contract TRD02.

· Chapter 149, § 27B requires the following information be contained on certified payroll records: For each employee, the name, address, occupational classification, hours worked and wages paid. For each apprentice, in addition to the aforementioned information, a photocopy of the apprentice’s ID card. Example of certified payroll record (report form) http://www.mass.gov/lwd/docs/dos/prevaling-wage/pw-payroll.pdf Labor Hours Business Hours (excluding holidays) are defined as Monday through Friday 7:00 a.m. – 5:00 p.m. Non-Business Hours are defined as hours not covered under Business Hours. Please note: many state facilities operate “round the clock” (7 days per week/24 hours per day).

Apprentice Labor Rates Bidder is not allowed to add apprentice labor rate(s) unless the Bidder is a participant of the Commonwealth’s Approved Apprentice Program.

OSHA Ten Regulation Bidders must be in full compliance with OSHA 10 Regulation and shall show evidence of having received the OSHA 10 Safety Instruction presentation. All employees of the company providing services at Eligible Entities facilities must possess minimum OSHA 10 certification card. Copies must be provided with Quote.

Turn-Key Service (Products and Installation) If an Eligible Entity seeks a turn-key service from room measurement and flooring ordering to installation to be provided, the Contractor at no additional charge to the Eligible Entity must measure the space, assist the Eligible Entity in the selection of flooring material, and provide a job quote that at a minimum includes the below:

· Flooring product pricing

· Installation pricing

· Materials/supplies Provision of Flooring Products for Turn-Key Service Contractors must be an authorized dealer/distributor for flooring products (carpet and hard surface) for turn-key service. Contractors must be awarded Category 1 and/or 2 for the flooring products OR must be an authorized dealer/distributor for an awarded manufacturer for Category 1 and/or 2 to offer turn-key service. Pricing from Category 1 and/or 2 must be honored and cannot be marked up for turn-key service.

Provision of Materials Contractor must only provide material/supplies related to the installation, maintenance and repair or other authorized services of the project. Contractor must attach material/supply receipt to invoice showing original price prior to markup cost to the Eligible Entity. Any materials/supplies related to the installation, maintenance and repair or other authorized services of the project must meet all specifications of this RFR.

Service Call Responsibility Contractors must respond to service calls if requested by the Eligible Entity. Contractors must send a qualified service person to the eligible entity’s location and have a vehicle fully equipped with tools and replacement parts, capable of performing complete diagnosis of equipment and systems and facilitate repairs. Contractor shall document fault incident by entering service call particular details in the maintenance log book for that equipment prior to departing from premises.

Contractors must receive prior approval from the Eligible Entity to perform ANY and ALL work, including additional repairs and services that are not part of the initial service call. Failure to receive prior approval may constitute unauthorized repair or service, and contractors will NOT be compensated for such services. In addition, contractors will be held accountable for any unauthorized services and responsible for compensating the Eligible Entity if any damage occurs. Eligible Entities are the determining authority and are in charge of securing and compensation for services.

Facility Site Inspection Requirements Bidders must conduct a site inspection if requested by an eligible entity at no charge to quote a project, if required by the eligible entity’s bid specifications.

Clean up The Contractor is responsible for cleaning the work area after the project is completed, this includes removal of all package material, sweeping the area of debris, removing all debris (if applicable) and leaving the work area in a safe condition. If the work area cannot be left in a safe condition the Contractor must notify the Eligible Entity for advice as to how to leave the area in a safe condition before leaving the job.

Training The contractor MUST provide minimal training and demonstration where applicable. Contractors must provide information/instructions on maintenance procedures, including recommended schedules for each task.

No Minimum Charge Contractors are paid only for hours worked on location. Labor charges begin at job location and end at job location. Eligible Entity will not pay for any additional labor charges away from job location.

Subcontracting Contractors must disclose subcontractors to purchasing entities prior to entering into a service agreement. Purchasing entities must approve proposed subcontractors. Contractors are required to list ALL subcontractors on the “FAC98 Price Sheet”. Contractors must inform the Contract Manager immediately of any changes – whether subcontractors are added or removed – so that the Price Sheet can be up dated. Failure to do this is in violation of the contract terms and may be means for termination from the contract.

Delivery Contractors must be able to take and hold delivery of product on behalf of the eligible entity for projects.

Service Requirements for all awarded contractors Geographic service and delivery areas 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 the bidder will service any request they receive from the county in which they are awarded. An Awarded Bidder may be removed from a county if they refuse to service an area on multiple requests. Awarded Bidders may only service counties that they were awarded. Please see the county list link for reference.

Adding Geographical Service and Delivery Areas Awarded Bidders may request to offer service to additional counties at any time. All requests will be reviewed by the SSST and will be added at the discretion of the SSST.

Surcharges No transportation, fuel, energy, insurance or any other surcharges will be allowed throughout the duration of the contract.

No Pre-Payments Contractor must not request any form of pre-payments by the eligible entity in the form of deposits, partial payments or scheduled maintenance agreements.