FY2014 Outrightpurchase of Single Leaf Gates Western District.doc

REQUEST FOR RESPONSE

DFW-2014-014 Outright purchase of Single Leaf Gates Massachusetts DIVISION OF FISHERIES AND WILDLIFE 88 Old Windsor Rd. Dalton, MA 01226

RFR ID#:

DFW-2014-014

PURCHASING DEPARTMENT: Department of Fish and Game/Division of Fisheries and Wildlife

CONTACT PERSON: Andrew Madden, Division of Fisheries and Wildlife, 88 Old Windsor Rd. Dalton, MA 01226

TELEPHONE: 413-684-1646 Fax 413-684-1705 BRIEF DESCRIPTION OF PROCUREMENT: This is a turnkey project whereby the selected vendor will perform all necessary calculations and perform all work to furnish and deliver single leaf gates delivery .

AQUISITION METHOD: Outright purchase

SINGLE OR MULTIPLE CONTRACTORS ARE REQUIRED FOR CONTRACTS: Single

SINGLE OR MULTIPLE DEPARTMENTS ABLE TO USE: Only procuring department may contract under this RFR.

PREVAILING WAGE APPLICABLE: Yes. A current wage rate sheet for this project will beprovided in the bidders package available at the Western Wildlife District, 88 Old Windsor Rd. Dalton, MA 01226 BIDDERS CONFERENCE: There will be no bidders conference for this job. Prospective bidders may contact the District Manager, Andrew Madden, @413-684-1646 .

EXPECTED DURATION OF CONTRACT: Contract will terminate June 30th 2014.

OPTION TO RENEW: No

ANTICIPATED EXPENDITURES FOR EXPECTED DURATION of CONTRACT: $15,000 Contract Performance and Business Specifications:

I. Introduction The Commonwealth of Massachusetts, Department of Fish and Game, Division of Fisheries and Wildlife (DFW) is seeking a qualified vendor to to furnish and deliver single leaf gates. Bid shall be made based on the number of gates that can be made and delivered using the available $15,000 expenditure cap.

II. Purpose of Procurement The Commonwealth of Massachusetts, Department of Fish and Game, Division of Fisheries and Wildlife (DFW) is seeking a qualified vendor to furnish single leaf gates to exclude unauthorized motor vehicle access to state Wildlife Management Areas.

III. Specifications

IIIA. Job 1. Furnish Single Leaf Gates

A single leaf gate consists of all posts and parts to construct and install a properly fucntioning gate. This includes the swinging horizontal gate, 2 locking posts (open position and closed position), pivot post, locking pin and all associated parts.

The terminal posts, sleeve posts, crossbar and diagonal brace shall be minimum 0.2” structural steel pipe conforming to ASTM-A-501, Schedule 40, with 36,000 psi yield point. Their length shall be as specified and their nominal diameter shall be as indicated on the plans. Steel plate of, 3/8 inch inch thickness will be used for caps and plates related to the lock assembly. Sharp edges must be ground smooth.

The pin shall be dimensioned and modified as indicated on the plan and be made of 7/8 inch diameter steel hardened to a minimum of 40 Rockwell (HRC).

Weld connections shall be continuous fillet welds, ¼ inch minimum size, shielded metal arc weld, E60XX or E70XX electrodes and continuous along all exposed joints including both top and bottom of the locking assembly plates, etc.

All visible parts shall be painted with safety yellow. Non-visible parts should be primed or painted with Rustoleum or equivalent.

Gates shall be delivered to: Division of Fisheries and Wildlife, Western Wildlife District 88 Old Windsor Rd. Dalton, MA 01226

General

1) The contractor shall submit a lump sum bid price for this job as shown on the Bid Form including the total number of gates to be provided under the expenditure cap.

2) All operations must be performed during normal working hours (Monday – Friday, 8:00 a.m. to 4:00 p.m.). Exceptions to this may be authorized by the District Manager.

3) This is a prevailing wage rate job. Contract must conform to the attached prevailing wages assigned to this job.

4) The total bid amount should not be limited to the previous description but shall include all materials and labor necessary to produce a completed job equal to or exceeding industry standards.

5) For interpretation of these specifications contact Andrew Madden, District Manger at Western Wildlife District 413-684-1646.

6) This project will not commence until a “Letter to Proceed” has been received by the Contractor from the Division’s Chief Financial Officer. The final award of this bid will be contingent upon availability of sufficient funds. The Division reserves the right to award part or all of this contract pending availability of funds.

7) The contractor is require to deliver number of awarded gates to Western Wildlife District, Dalton, MA 01226.

8) Any additional project costs must be approved by the District Manager and Chief Financial Officer prior to being incurred.

9) The Division will make payment following a satisfactory completion and inspection of finished job.

10) The sealed bid package clearly marked DFW- must be returned no later than at 1:00 p.m. on 5/15/2014 at which time they will be publicly opened and read. Bids received after this time will not be considered.

11) Small Procurement Targeted to Eligible Small Business – This procurement is targeted to eligible small businesses participating in the Commonwealth’s Small Business Purchasing Program (SBPP). To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov\sbpp. The department intends to accept and evaluate responses only from eligible small businesses and will award a contract to the eligible small business that provides best value”

12) Brand Name or Equal. Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

13) Best Value Selection and Negotiation. The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response

14) Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

15) COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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 Commonwealth accepts 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.

16.) COMMBUYS Subscription. Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller subscription account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

17.) Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

18.) Quote Content. Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

19.) Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

20.) Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

21.) Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the PMT, including requests for clarification. The PMT and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the PMT to be lost or rejected by any means including email or spam filtering.

22.) Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the PMT 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 its response. The PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

23.) Environmental Quote Submission Compliance.

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all Quotes submitted should comply with the following guidelines:

· All copies should be printed double sided.

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the Quote.

· Unless absolutely necessary, all Quotes and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

· Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

· Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their Quotes are made with recycled materials.

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

24.) Environmentally Preferable Products

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products.

25.) Minimum Bid Duration. Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

26.) Pricing: Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

27) Prompt Payment Discounts (PPD). All bidders responding to this procurement 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. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found under the Forms and Terms tab of this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the PMT. The PMT will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the PMT 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 or attached to the PPD form.

28.) Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

29.) Reasonable Accommodation. 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 PMT reserves the right to reject unreasonable requests.

30.) Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

31.) Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Delivery Date: All gates shall be manufatured and delivered before 6/30/2014.

V. Instructions for Submission of Responses:

Two complete paper copies of your response must be submitted, in writing, to:

Andrew Madden-District Manager MA Division of Fisheries & Wildlife

88 Old Windsor Rd.

Dalton, MA 01226

Attn: Single Leaf Gate Bid/2014 All responses must include two copies of each of the documents listed in below. BE SURE TO INCLUDE ALL THE INFORMATION LISTED HERE OR YOUR RESPONSE MAY BE FOUND TO BE INCOMPLETE AND NONRESPONSIVE.

1) Completed copies of the attached bid form: Proposal for RFR ID# DFW-2014-014 Manufacture and delivery of Single Leaf Gates

2) 3 references of similar work manufacturing gates.

The following forms will be required upon contract execution:

a) Construction Contract

b) Contractor Authorized Signatory Listing

c) Commonwealth of Massachusetts Terms and Conditions

d) W-9

e) Evidence of insurance: Workman’s Compensation, Contractor’s Public Liability and Property Damage, and Contractor’s Protective Public Liability and Property Damage Liability Insurance

VI. Deadline for Responses Final sealed bids must be returned no later than 1pm 5/15/2014 at which time they will be opened and read at the Division of Fisheries and Wildlife. The final sealed bid must be submitted to:

Andrew Madden-District Manager

MA Division of Fisheries & Wildlife

88 Old Windsor Rd.

Dalton, MA 01226

Attn: Single Leaf Gate Bid/2014

LATE QUOTES WILL NOT BE CONSIDERED

VII. RESPONSE EVALUATION

The DFW/DFG reserves the right to reject any and all proposals and select the proposal it finds the most advantageous to completing this project.

VIII. NOTICE TO PROCEED: The Contractor may begin performing specified contract work when he/she has been given a notice to proceed by DFW/DFG. ALL WORK MUST BE COMPLETED WITHIN THE TIMELINE OUTLINED IN THE NOTICE TO PROCEED.

IX. DISCLAIMER/LIABILITY CLAUSE: The Contractor will release and agree to hold blameless the Commonwealth of Massachusetts, Division of Fisheries and Wildlife, its employees and agents acting within the scope of their official duties from any and all liability or loss resulting from acts or omissions except willful torts.

X. BUDGET AND SCHEDULE OF PAYMENT

Total payment for each project shall be agreed upon before any work is inititated on that project. The agreed sum shall be stated in the Notice to Proceed.

Payment shall be made as a single payment, upon the DFW/DFG determination of completion of work, or as agreed upon in the scope of services and payment plan, and shall be made by DFW/DFG within forty five (45) days of receipt of an invoice. This provision shall not apply if the DFW notifies the Contractor of insufficiences in the work or non-compliance with the contract terms within Forty Five (45)days of receipt of said invoice. If so notified, the invoice amount will not be remitted and no invoice or demand for payment will be accepted until the contract compliance has been met. Once compliance has been met, payment after resubmission of an invoice will be made within Forty Five (45) days.

BID PROPOSAL FORM

RFR ID#: DFW-2014-014 Single Leaf Gates Location:

Massachusetts Division of Fisheries and Wildlife

Western District Office, Andrew Madden, District Manager

88 Old Windsor Rd.

Dalton, MA 01226

Attn: Single Leaf Gate Bid/2014

To the party of the First Part:

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the proposed form of contract, the standard specifications and plans therein referred to and the Special Provisions hereto annexed; and he proposes and agrees, if this proposal is accepted, that he will contract with the Party of the First Part, in the form of the contract referred to herein and to be annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Senior Planner as therein set forth, and that he will take in payment therefor the following unit prices, to wit:

Item No.

Quantity Item with Unit Bid Price Written in Words Amount

Lump Sum (Written in Words)

The above prices are to include and cover the furnishing of all materials, except as herein otherwise specifies, the performing of all the labor, requisite or proper, and the providing of all necessary machinery, tools, apparatus and other means of construction, and the doing of all the above mentioned work in the manner set forth, described and shown in the specifications for the work and in the form of contract, and the completion thereof by _____________________________________________.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give a bond in the sum to be determined as aforesaid with surety satisfactory to the Department, within six days (not including Sunday) from the date of mailing of a notice from the Department to him according to the address herewith given, that the contract is ready for signature, the Department may at its opinion determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the proposal guaranty submitted, covering this proposal shall become the property of the Commonwealth of Massachusetts; otherwise said proposal guaranty shall be returned to the undersigned.

Full name and address of individual or concern submitting this bid:

Signed by _________________________ Title____________________________

Notice: Bid should be signed in ink by a person having proper legal authority, and the person's title should be given, such as "owner" in the case of an individual, "partner" in the case of a general partnership, "president," "treasurer" or other authorizing officer in the case of a corporation.

If the bidder is an individual or individuals doing business as a firm give the full name and address of each individual:

Name Address

If the bidder is a corporation, give the State in which incorporated. If bid is submitted by joint ventures, this should be stated here: _________ and if any of the joint ventures is a corporation, a copy of the vote of the corporation authorizing the joint venture should be attached hereto.

The proposed surety on the bond to be given is:

Name: _________________________________________________________________________

Home Office Address: _____________________________________________________________

Massachusetts Address (if different): __________________________________________________