GRO35 RFR Main Document Final A~2.doc

The Commonwealth of Massachusetts

Executive Office For Administration and finance

Operational Services Division

One Ashburton Place, 10th Floor, Room 1017, Boston, Massachusetts 02108-1552

Request for Response (RFR) Document Title: Foodservice Supplies & Equipment, Institutional Commercial Grade, Large & Small ASK "RFR Number/Document Number" \* MERGEFORMAT Agency Document Number: GRO35 COMMBUYS Bid#: BD-16-1080-OSD01-OSD10-00000005697 Release Date: December 15, 2015

RFR Introduction and General Description

2Products provided by bidders must be commercial grade and meet all federal, state and local standards for quality and safety requirements; for example: NEMA and/or UL approved. Products not meeting standards will be deemed unacceptable and returned to a contractor for credit at no charge to the Commonwealth. All items purchased must carry a standard manufacturer’s warranty. All refrigeration units must be manufactured only with non-ozone depleting refrigerant.

21.1 Procurement Scope and Description

21.2 Applicable Procurement Law

21.3 Number of awards

21.4 Adding Contractors after initial Statewide Contract award

31.5 Eligible Entities

41.6 Acquisition Method(s)

41.7 Performance and payment time frames which exceed Contract duration

41.8 Estimated Value of the Contract

41.9 Basis for estimated dollar value for this Statewide Contract (including all options to renew)

Estimated Procurement Calendar

62.1 Written questions via the Bid Q&A on COMMBUYS

62.2 Locating Bid Q&A

62.3 Debriefing

Specifications

73.1 Bidder Qualifications

73.2 Company experience

73.3 References and reference information and/or requirements

73.4 Commodity Specifications

7Detail specifications and requirements for Foodservice Supplies and Equipment may be obtained as attachments on the COMMBUYS website.

73.5 Brand name or equal

73.6 Warranties and guarantees

7Bidders must define and provide details on any available warranties available for brand being bid for the GRO35 RFR.

73.7 Operating manuals

73.8 Product evaluations and samples

83.9 Loaner Equipment

83.10 Emergency response plans/preparedness

8Detail specifications and requirements may be found under attachments on COMMBUYS for Foodservice Equipment entitled “Specification and Requirements” for design service requirements.

83.11 Environmental Specifications

83.12 Executive Order 515, Establishing an Environmental Purchasing Policy

93.13 Environmental plan

93.14 Cost tables

103.15 Labor rates or project based compensation

113.16 Sample Configurations/Scenarios for evaluation

113.17 Prevailing Wage

113.18 Supplier Diversity Program (SDP) Plan

123.19 Supplier Diversity Program Subcontracting Policies

123.20 Participation in the OSD’s Annual Marketing Event, MASSbuys

133.21 Requirements for Doing Business after a Contract Has Been Awarded

133.22 Statewide Contract Administration Fee and Report

153.23 Security and confidentiality

153.24 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

173.25 Alternatives

183.26 Failure to perform contractual obligations The SSST reserves the right to suspend or terminate any contract if it is determined that the contractor(s) is not performing the contractual obligations as stated within this RFR.

Evaluation criteria

184.1 Mandatory requirements

184.2 Desirable specifications

184.3 Alternatives

184.4 Evaluation Components

184.5 Price

194.6 Supplier Diversity Plan (formerly Affirmative Market Plan) (minimum of 20 points)

194.7 Company experience profile – 20 points

194.8 References and reference information and/or requirements – 10 points

194.9 Compliance with EPP Specifications and/or Energy Star - 10 point

194.10 Compliance with EPP Water Sense (desirable) additional points – 10 points

HOW TO SUBMIT A QUOTE / RESPOND TO THIS BID

195.1 Quote Submission Method

195.2 COMMBUYS Quote Submission Training and Instructions

195.3 COMMBUYS Support

205.4 Bid Opening Date/Time

205.5 Quote Contents

205.6 RFR Submission Checklist

205.7 Additional attachments

205.8 Additional Quote Terms

215.9 Quote Materials

215.10 Electronic Signatures

215.11 Ink Signatures

215.12 Limits and Restrictions

215.13 File Naming Conventions

225.14 File Size Limits

225.15 File Format Restrictions

225.16 Documents and items that can not be submitted electronically

225.17 Withdrawing a Quote

225.18 Prior to Bid Opening Date/Time

225.19 After Bid Opening Date/Time

APPENDIX 1 – Required Terms for all Statewide RFRs

236.1 General Procurement Information

236.2 Access to security-sensitive information

236.3 Alterations

236.4 Bidder’s Contact Information

236.5 COMMBUYS Market Center

246.6 COMMBUYS Subscription

246.6.1 Multiple Quotes

246.6.2 Quote Content

246.7 Costs

256.8 Electronic Funds Transfer (EFT)

256.9 Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies

256.10 Minimum Quote Duration

256.11 Ownership of Submitted Quotes

256.12 Prohibitions

266.13 Public Records Law

266.14 Reasonable Accommodation

266.15 Evaluation – Best Value Selection and Negotiation

266.16 Terms and Requirements Pertaining to Awarded Statewide Contracts

266.17 Commonwealth Tax Exemption

266.18 Contractor’s Contact Information

266.19 Contractual Status of Orders and Service Contracts

276.20 Emergency Standby Commodities and/or Services

276.21 HIPAA: Business Associate Contractual Obligations

276.22 Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply

276.23 Pricing

286.24 Publicity

286.25 SaveSmart Program ($ave$mart)

286.26 Statewide Contractor Marketing Requirements

286.27 Subcontracting Policies

286.28 Transaction Fee

APPENDIX 2 - Instructions for Execution and Submission of Commonwealth Standard Forms

297.1 Commonwealth Standard Contract Form

297.2 Commonwealth Terms and Conditions

307.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

307.4 Contractor Authorized Signatory Listing

317.5 Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners

317.6 Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment

317.7 Additional Environmentally Preferable Products / Practices

317.8 Prompt Payment Discount Form

317.9 Business Reference Form

APPENDIX 3 Instructions for Vendors Responding to Bids Electronically through COMMBUYS

GLOSSARY

1 RFR Introduction and General Description The Foodservice Strategic Sourcing Services Team (SSST) is issuing a Request for Response (RFR) for Foodservice Supplies GRO35 for various types of foodservice supplies and for various types of Foodservice Equipment, Institutional Commercial Grade, Large and Small as identified below: Bidders may bid on either or both categories Foodservice Supplies or Foodservice Equipment.

Foodservice Supplies: The RFR identifies two (2) categories, Category I will request various types of conventional products as identified below and Category II identifies various types of biodegradable products as identified below. Bidders are encouraged to respond to either or both categories identified.

· Category I - Conventional Products including various sizes of hot and cold cups, plates, trays, napkins, straws, utensils (tableware), pan liners, and other foodservice supplies such as gloves, lids, hairnets, etc. The napkins must meet the federal standards for post-consumer recycled content.

· Category II - Biodegradable/Compostable Bio-based Products - including a full line of various sizes of hot and cold cups, plates, trays, napkins, and utensils (tableware). All of these products represent a high quality sustainable alternative to the conventional disposable foodservice products. Most products must have a listed third party certification, clear marking that they are compostable, biobased content, and not contain perfluorinated grease barrier compounds. Because of the October 1, 2014 MassDEP Commercial Food Waste Ban, http://www.mass.gov/eea/agencies/massdep/recycle/reduce/food-waste-ban.html which requires institutions that generate of one ton or more of organic materials per week to comply, these specifications reflect products that are 100% biodegradable and made from renewable resources (such as resins and fibers derived from plants) and are proven to compost in municipal and/or industrial composting programs.

Please note: Any detergents, cleaning products, dish soaps, etc. do not apply and cannot be sold and/or provided under any contract as a result of this RFR.

· Bidders interested in bidding on Foodservice Supplies must refer to the following attachments on COMMBUYS:

· Foodservice Supplies Specifications and Requirements including additional EPP specifications (please read carefully).

· Bidders Response Form (complete and submit)

· Foodservice Supplies Price Sheet (complete and submit)

· Required Forms (complete, sign and submit)

Foodservice Equipment – Institutional Commercial Grade – Large and Small with Related Maintenance and Repair Services as identified below:

· Large Equipment as identified but not limited to: ovens, grills, refrigerators, fryolators and milk, cooler equipment, etc.

· Small Equipment as identified but not limited to: mixers, toasters, microwaves, etc.

· Maintenance & Repairs - Foodservice Equipment, Installation, Maintenance and Repairs as required and needed by user Departments.

· Bidders interested in bidding on Foodservice Equipment must refer to the following attachments on COMMBUYS:

· Foodservice Equipment Specifications and Requirements including additional EPP specifications (please read carefully).

· Bidders Response Form (complete and submit)

· Foodservice Equipment Price Sheet (complete and submit)

· Required Forms (complete, sign and submit)

Products provided by bidders must be commercial grade and meet all federal, state and local standards for quality and safety requirements; for example: NEMA and/or UL approved. Products not meeting standards will be deemed unacceptable and returned to a contractor for credit at no charge to the Commonwealth. All items purchased must carry a standard manufacturer’s warranty. All refrigeration units must be manufactured only with non-ozone depleting refrigerant.

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts and the Foodservice Supplies and Equipment Commercial Institutional Grade, Large & Small Strategic Sourcing Services Team (SSST) is soliciting Bidders for the acquisition of Foodservice Supplies and Foodservice Equipment. 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 below. 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.

1.2 Applicable Procurement Law

This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.3 Number of awards

The target maximum number of Contractors is four (4) per category. . This is a target number; the SSST may award more or fewer Statewide Contracts if it is in the best interests of the Commonwealth to do so.

1.4 Adding Contractors after initial Statewide Contract award

If, over the life of the Contract, 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.

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.

1.5 Eligible Entities

Any Contract resulting from this Bid will be open for use by the following types of 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.

1.6 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are outright purchase, Contract Duration

The initial term of this Contract is two (2) year(s). In addition, this Contract has two (2) options to renew of up to two (2) years each with a maximum Contract term of six (6) years (including the initial term and all possible renewal options).

1.7 Performance and payment time frames which exceed Contract duration All term leases, rentals, maintenance or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than one (1) year beyond the final termination date of this Statewide Contract. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

1.8 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $10,547,439.50. 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.

1.9 Basis for estimated dollar value for this Statewide Contract (including all options to renew) The “Estimated Value (US$10,547,439.57)” for this Bid was based on the following spend for the life of the current contract GRO29This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY 2012 through 2015.

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.

2 Estimated Procurement Calendar

Please reference these instructions for guidance in submitting bid responses.

In Person Training –- Locate and Respond to COMMBUYS Bids This training will take bidders through the process of locating and replying to Bids (Solicitations) in COMMBUYS. An overview of each step will be presented as well as a follow-up period with hands on exercises. Register Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

Instructions are also available in “Section 5” of this RFR

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.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SSST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify that the questions entered into the Bid Q&A are recorded in COMMBUYS and appear on the Bid Q&A page.

Please note that any questions submitted to the SSST using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are immediately accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SSST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and 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 Purchasing Department, including requests for clarification. The Purchasing Department 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 Purchasing Department to be lost or rejected by any means including email or spam filtering.

2.2 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.

2.3 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.

3 Specifications

Additional required terms appear in the Appendices to this RFR. Additional attachments providing details Specifications and Requirements entitled “Foodservice Supplies Specifications & Requirements” and Foodservice Equipment Specifications & Requirements” are available on COMMBUYS. Please reference these documents to ensure compliance to for the above mentioned.

3.1 Bidder Qualifications

3.2 Company experience

Bidders must provide with their bid response a brief statement that includes their business background, number of years in business and must include a copy of their organizational chart.

3.3 References and reference information and/or requirements

Bidders MUST submit contact information for three (3) references on the Business Reference Form under the “Forms and Terms” tab of this solicitation. The SSST will make a reasonable effort to contact the references given, but if the SSST is unable to obtain a reference, the bidder’s score will be negatively impacted. The SSST reserves the right to utilize information gathered from references, historical information or other sources when scoring responses. A past history of poor performance may negatively impact a bidder’s score. Bidders are also required to provide at a minimum two (2) letters of reference from an institutional account, or from the largest customers in MA if available.

3.4 Commodity Specifications

Detail specifications and requirements for Foodservice Supplies and Equipment may be obtained as attachments on the COMMBUYS website.

3.5 Brand name or equal

Unless otherwise specified in this Bid, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Bid 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.

3.6 Warranties and guarantees

Bidders must define and provide details on any available warranties available for brand being bid for the GRO35 RFR.

3.7 Operating manuals

Operating manuals must be provided with new equipment and or upon request by user departments.

3.8 Product evaluations and samples

The SSST and or user departments reserve the right to request products and samples for evaluation purposes only.

3.9 Loaner Equipment

If the time for warranty or service repairs will exceed the specified time, the Contractor shall provide equivalent loaner equipment upon request by the customer. Loaner equipment shall be provided at no cost, including shipment to the customer’s location and return of loaner equipment to the Contractor.

3.10 Emergency response plans/preparedness

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.

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

· A list of the Bidder’s building location (s) that would be available to serve the Commonwealth during an emergency.

· 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).

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

3.10.1.1 Design requirements

Detail specifications and requirements may be found under attachments on COMMBUYS for Foodservice Equipment entitled “Specification and Requirements” for design service requirements.

3.11 Environmental Specifications

Additional specifications are available attachments on COMMBUYS please reference to ensure compliance.

3.12 Executive Order 515, Establishing an Environmental Purchasing Policy

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. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at http://www.mass.gov/courts/docs/lawlib/eo500-599/eo515.pdf

3.13 Environmental plan

Beginning the first year of the Statewide Contract and throughout the life of the Statewide Contract, awarded Bidders must agree to work with OSD and the SSST to examine the feasibility of implementing an environmental plan. 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. Such a plan may include, but not be limited to, the following:

· Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

· Encouraging environmental initiatives at a corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment; such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

· Adopting standards and/or obtain certifications, where applicable, for product development and manufacturing processes such as but not limited to LEED, ISO 14001, Cradle to Cradle (C2C) Protocol, Green Seal, Environmental Choice and others.

· Using alternative fuel vehicles for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles with guidance on anti-idling initiatives.

· Working with the SSST to develop and distribute information and/or materials to Commonwealth customers on the Awarded Bidder’s environmental practices and initiatives throughout the term of the Contract.

· Developing a plan to implement the recycling of materials used or produced in normal business operations.

· The SSST may award points to Bidders who provide evidence that measures and initiatives such as these are already in place within their operations, and/or for written proposals submitted with their Quote detailing a commitment to action contingent upon receipt of a Contract award. (See the Additional Environmentally Preferable Products / Practices form on COMMBUYS).

3.14 Cost tables

Compensation will be based solely on the cost tables or catalogs supplied by the Bidder and accepted by the SSST and incorporated into a catalog on COMMBUYS MSRP (Manufacturer’s Suggested Retail Price). Cost tables must contain all goods and services to be provided on this Statewide Contract. Compensation will be based on these cost tables, which will form the basis for the Contractor’s catalog in COMMBUYS. Commodities

3.14.1.1 Volume purchase discounts (VPD)

A bidder may receive additional evaluation points if the bidder offers a volume purchase discount percentage (%) off based upon the total dollar size or a total quantity size for an order with one delivery location.

3.14.1.2 Dock Delivery Discounts (DDD)

A bidder may receive additional evaluation points if the bidder offers a dock delivery discount equal to or greater than 2%. If dock delivery is exercised by the eligible entity then the discount must be reflected on the invoice upon billing.

3.14.1.3 Prompt Payment Discounts (PPD)

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 for Prompt Payment Discount unless otherwise specified by the SSST. The SSST 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 SSST 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.

3.14.1.4 Statewide Contract Administration Fee

This Statewide Contract is subject to a 1% Contract Administration Fee, which is created pursuant to MGL c. 7, § 3B, 801 CMR 4.02. For information on the Statewide Contract Administration Fee, please see the “Statewide Contract Administration Fee and Report” section in the “Requirements for Doing Business After a Contract Has Been Awarded” section below.

3.14.1.5 Fuel surcharge provisions

Any bidder(s) awarded a contract as a result of this RFR will not charge any additional fuel surcharges on any order received from Departments. Departments will NOT be required to pay any additional fuel surcharges upon receipt of Contractor invoicing.

3.14.1.6 Shipping FOB Destination

All deliveries are FOB destination, no additional freight and/or delivery charges can be added to invoicing.

3.15 Labor rates or project based compensation

It is the responsibility of the Contractor to ensure that wages paid to their employees meet all State law and Federal law wage requirements as well as any other requirements.

3.15.1.1 Prevailing wage

Bidders must agree to 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.

All or part of the service(s) available under this RFR and resulting contracts may require the payment of prevailing wages pursuant to G.L. c. 149, Sections 26 through 27D (construction); Section 27F (trucks, vehicles and other equipment performing public works functions (non-construction); Section 27G (moving office furniture) and 27H (state cleaning contracts). The awarding authority has a legal obligation to request a prevailing wage schedule from the Department of Labor Standards (DLS) at www.mass.gov/dols. If this is a statewide contract or department contract that can be used by other eligible public entities, then any such eligible public entity that uses the contract will be considered the “awarding authority” and must also request a prevailing wage schedule at the time of the engagement of the contractor for specific services. In addition, bidders and proposers must agree to comply with the Prevailing Wage Law, as administered by the DLS. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website at www.mass.gov/dols or by calling the DLS Prevailing Wage Program at (617) 626-6953.

3.16 Sample Configurations/Scenarios for evaluation

All components and services must be from the cost tables. Configuration costs must be the same as in the cost tables. Configuration costs will be used in the evaluation.

3.17 Supplier Diversity Program (SDP) Plan

Massachusetts Executive Order 524 established the Supplier Diversity Program within the Supplier Diversity Office of the Operational Services Division in order to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). More recently, Executive Order No. 546 established the Service-Disabled Veteran Owned Business Enterprise Program (“SDVOBE Program”), which is designed to promote access and equity of opportunity to Commonwealth business opportunities to SDVOBE qualifying businesses. As a result, M/WBEs and SDVOBEs are strongly encouraged to submit Quotes in response to this Bid, either as prime vendors, joint venture partners or subcontractors. All Bidders, regardless of their certification status, are required to submit a completed SDP Plan Form #1 – SDP Plan Commitment as part of their Quote for evaluation. It is required that Supplier Diversity Program participation accounts for no less than 10% of the total points in the evaluation.

The SSST requires Bidders to make a significant commitment to partner with certified Minority-, Women-, and Service-Disabled Veteran-Owned Businesses in order to be awarded a Contract. Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with a Certified Partner(s), using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract. Please note that no Bidder will be awarded a Contract unless and until they submit a completed SDP Plan Form #1.

After contract execution, if any, Contractors must submit a completed SDP Plan Form #2 – Declaration of SDP Partners, which can be found under the Terms and Conditions tab of the Bid in COMMBUYS, identifying a Certified Partner(s) no later than 30 days after contract execution. <SSST must decide whether to include the following sentence, depending upon the specific procurement.> Contractors may defer identification of their SDP Partner(s) by checking the box in Part II, thereby acknowledging their SDP Plan commitment. Failure to submit a completed SDP Plan Form #2 by the deadline may result in penalties including contract suspension, termination, and/or award to the next apparent successful bidder.

An SDO-certified (formerly SOMWBA-certified) Bidder may not list itself or an affiliate as being a Supplier Diversity Partner to its own company.

Once an SDP Plan is submitted, negotiated and approved, the SSST will then monitor the Contractor’s performance.

Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the SDO webpage at: www.mass.gov/sdo The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

3.18 Supplier Diversity Program Subcontracting Policies

In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

3.19 Participation in the OSD’s Annual Marketing Event, MASSbuys

OSD hosts an annual marketing and training trade show, usually in late April or early May, to educate public purchasers and contract end-users on the commodities and services available on statewide contracts, highlight innovative environmentally preferable (green) products and provide marketing and networking opportunities to the business community. The event, recently renamed MASSbuys, represents the blending of two highly successful long running OSD trade shows, the Statewide Training And Resource (STAR) Exposition and the Environmentally Preferable Products (EPP) Vendor Fair and Conference.

The attendees at these events have included public purchasers and contract end users representing all Commonwealth agencies, cities and towns across the state, independent authorities, higher education and eligible not for profit human and social service organizations. The venue for MASSbuys has significant marketing value and is extremely cost effective as it provides exceptional opportunities for statewide contractors to market directly to thousands of attendees.

The MASSbuys Exposition is 100% supported by statewide contractors as exhibitors; the cost to exhibit TBD. OSD believes that the show is important because it provides public purchasers and end users with an opportunity to meet over 300 statewide contractors and receive important information on new products, particularly those that save energy, conserve water or other resources, reduces waste as well as the use of toxic substances and may also contain recycled materials. It provides statewide contractors with the unparalleled opportunity to establish and renew business relationships with existing customers and to market their business to approximately 2,000 attendees, many of whom represent potential new customers.

Please note that exhibiting at the MASSbuys Exposition is not required and no points will be awarded to those Bidders who commit to participate. However, Bidders who indicate their willingness to exhibit at MASSbuys in their Quotes will be required to honor their commitment for the duration of their contract, if awarded a contract.

3.20 Requirements for Doing Business after a Contract Has Been Awarded The requirements below are specific to the Statewide Contract, if any, awarded as a result of this Bid. Awarded Bidders (Contractors) must also comply with the requirements stated in Terms and Requirements Pertaining to Awarded Statewide Contracts.

3.21 Statewide Contract Administration Fee and Report

This Statewide Contract is subject to a 1% Contract Administration Fee, which is created pursuant to MGL c. 7, § 3B, 801 CMR 4.02 and the Transaction Fee section in this Bid and/or incorporated by reference into Statewide Contracts with the Operational Services Division (OSD). The price stated in any Bidder’s Quote price and any Contractor’s Statewide Contract shall be inclusive of this fee and Contractors shall not reflect this fee as a separate line item on customer invoices.

This fee will be based on 1% of the total dollar amounts, adjusted for credits or refunds, paid by Eligible Entities to the Statewide Contractor based on your statewide contract. All ”Statewide Contracts” awarded and all purchase orders and purchases made pursuant to this RFR are subject to this fee regardless of whether the contract was awarded for statewide or regional coverage. Eligible entities include, but are not limited to: a) Cities, towns, districts, counties and other political subdivisions; b) Executive, Legislative and Judicial Branches, including all departments and elected offices therein; c) Independent public authorities, commissions, and quasi-public agencies; d) Local public libraries, public school districts, and charter schools; e) Public hospitals owned by the Commonwealth; f) Public institutions of higher education; g) Public purchasing cooperatives; h) Non-profit, UFR-certified organizations that are doing business with the Commonwealth; i) Other states and territories with no prior approval by the State Purchasing Agent required; and j) Other entities when designated in writing by the State Purchasing Agent. For a list of other entities that are eligible to use your specific Statewide Contract see Section 1 of this RFR.

Note that if the 1% Administration Fee is deductible as a business expense for federal income tax purposes, it is also deductible as an expense for Massachusetts tax purposes.

3.21.1.1 Quarterly Fee Payment:

For each Payment Period, Statewide Contractor shall pay to OSD a fee equal to one percent (1%) of the total payments (adjusted for credits or refunds) received from all Eligible Entities that have purchased from the Statewide Contractor pursuant to this Agreement. All payments will be based on full calendar quarters (Payment Periods) and must be received by OSD on or before 45 days after the last day of the Payment Period (as specified below) or a Contractor will be considered in breach of contract:

Quarterly payments will include any periods less than a full calendar quarter if a contract does not start at the first day of a quarter or end on the last day of the quarter.

Payments are to be made through a web-based secure payment center, which can be accessed through a link provided to Statewide Contractors by OSD. All Administration Fee payments are to be made directly through the secure payment center. The secure payment center allows payments to be made via Automatic Clearing House (ACH) or by using one of the following credit cards: American Express, Discover, MasterCard and/or Visa.

Please note that there is no charge to vendors to use ACH as OSD covers the nominal fee charged by the secure payment center for using the ACH payment method. OSD will NOT cover the convenience fee for selecting to pay by credit card. This is a fee the contractor is responsible for paying and is non-refundable; the fee is over and above the 1% Administration Fee and it is calculated at 2.49% of the 1% Administration Fee to be paid. Prior to the due date for the Statewide Contractor’s Administration Fee payment, the Statewide Contractor will receive an e-mail communication from OSD that includes all required information the Statewide Contractor must use to submit payments via the secure payment center. Electronically submitting your payment, which is comprised of the 1% administration fee of the total payments received by the Contractor from all Eligible Entities for the Quarter, will serve as the Statewide Contractor Administration Fee Report. If the total Administration Fees due for the Payment and Reporting Period are less than $50, a Statewide Contractor may carry over that balance to the next Payment and Reporting Period until the cumulative amount owed is $50 or greater (see Quarterly Reporting below for instructions).

3.21.1.2 Quarterly Reporting:

Contractor shall submit one Statewide Contractor Administration Fee Report for each Statewide Contract for each Payment Period. If an amount greater than $50 is due for the Payment Period, then the electronic submission of the payment shall serve as submission of the Statewide Contractor Administration Fee Report, as referenced in the Quarterly Fee Payment section above. However, if the total Statewide Contractor Administration Fee due is between $0 and $50, then the Contractor must submit one Statewide Contractor Administration Fee Report for each Statewide Contract for each Payment Period. If you are submitting this report, it must be completely filled out, signed by the Statewide Contractor via electronic signature under the pains and penalties of perjury and emailed to osdfeeadministrator@massmail.state.ma.us.

3.21.1.3 Audit:

During the term of this Agreement and for a period of six years thereafter, the Operational Services Division, its auditors, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially underpaid OSD, then the Contractor shall remit the underpayment and be responsible for payment of any costs associated with the audit.

3.21.1.4 Other Terms:

· Contractors are responsible for compliance with all other contract reporting requirements including, but not limited to, contract detailed spend, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

· All amounts payable by the Contractor to OSD under this Agreement that are not received by the due date specified shall bear simple interest from the date due until paid. The Late Payment Interest Rate is set by the Office of the State Comptroller on an annual basis and can be found by selecting the fiscal year in question on the Comptroller’s Fiscal Year Updates webpage.

· In the event of the Contractor’s breach of this policy including, but not limited to, non-reporting, non-payment, late reporting/payment, under-reporting/payment, the Commonwealth reserves the right to pursue any and all recourse and penalties available including, but not limited to, contract suspension and contract termination. The Commonwealth is allowed to suspend, terminate or debar pursuant to Massachusetts General Laws Chapter 29, Section 29F, as amended, and pursuant to Section 4 of the Commonwealth Terms and Conditions. In addition, in the event the Contractor fails to make any payment when due, the Contractor shall be liable to the Commonwealth for all expenses, court costs, and attorneys' fees (including inside counsel) incurred in enforcing the terms and conditions of this Agreement.

3.22 Security and confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Statewide Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

3.23 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

The individual listed in the Purchaser field in the Header Information section of the Master Blanket Purchase Order is the Commonwealth Contract Manager.

3.23.1.1 All Statewide Contract questions must be directed to the Commonwealth Contract Manager.

3.23.1.2 Timely response to requests

Any bidder(s) receiving a contract as a result of this RFR will be required to response to request from the Contract Manager in a timely manner to address the concerns of the SSST and or user department when applicable.

3.23.1.3 Catalogs

Prior to the Contract Start Date, the Contractor will establish and enable a COMMBUYS-compatible online catalog, which may be hosted in COMMBUYS or by the Contractor. The catalog must utilize the Commonwealth commodity codes based on the United Nations Uniform Product and Service Code (UNSPSC) and must provide Eligible Entities with the capability to order only those products and/or services authorized by the vendor’s contract with the Commonwealth from the Contractor using COMMBUYS. The Contractor is required to maintain the catalog for the duration of the contract and must receive prior approval from the SSL before posting any updates or changes to the catalog, which must be consistent with the terms of the contract.

3.23.1.4 Contract Cost Tables

Compensation will be based solely on the cost tables or catalogs supplied by the Bidder and accepted by the SSST and incorporated into a catalog on COMMBUYS MSRP (Manufacturer’s Suggested Retail Price). Cost tables must contain all goods and services to be provided on this Statewide Contract. Compensation will be based on these cost tables, which will form the basis for the Contractor’s catalog in COMMBUYS. Commodities

3.23.1.5 Change notification

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Commonwealth Contract Manager. In some cases additional paperwork will be required to effect the change.

3.23.1.6 Contractor account team

Any bidder receiving an award as a result of this RFR must identify on the “Bidders Response Form” the account manager that will be responsible for managing the contract.

3.23.1.7 Single Point of Contact (Contractor Contract Manager) The bidder(s) MUST identify a single point of contact that will be managing the Commonwealth’s Account.

3.23.1.8 Replacement of Contractor staff

The contract manager MUST be notified when the bidder(s) account manager is going to be replaced providing new contract information, name, phone, E-mail address.

3.23.1.9 Adding commodities and/or services to the Statewide Contract

Awarded contractors may request adding commodities, and or services to the statewide contract that fall under the scope and description of the awarded contract categories at the bid awarded pricing throughout the life of the contract. This request MUST be submitted to the Strategic Sourcing Services Lead and the SSST for review and approval.

3.23.1.10…