GRO39 RFR Amended 5.15.2021.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title:

GRO 39 Drinking Water- General and Emergency Services

Agency Document Number: GRO39

COMMBUYS Bid#: BD-21-1080-OSD03-SRC3-58675

April 27, 2021

Amended 5.11.2021

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Revision History

RFR 8.2.2.7 and RFR 8.2.4.4

REQUEST FOR RESPONSE GRO39 Drinking Water- General and Emergency Services

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

REQUEST FOR RESPONSE GRO39 Drinking Water- General and Emergency Services

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the GRO39 Drinking Water- General and Emergency Services Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Bottled Water, Water Filtrations Services including Reverse Osmosis with Related Supplies and Services, Coffee Services, and Emergency Bottled Water. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace SWC GRO34. The Contract will also be available for use by other Eligible Entities.

The SST is requesting bid responses for the following four (4) categories:

1. Bottled Water with Related Supplies and Services

2. Water Filtration Systems and Coolers including Reverse Osmosis Water Systems (R.O.)

3. Coffee Services

4. Emergency Bottled Water

Estimated Procurement Calendar

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

Dates and Times Available:

Locate and Respond to Bids on Commbuys – Thursday April 8, 2021 10AM – 11AM (webinar)

Locate and Respond to Bids on Commbuys – Thursday April 22, 2021 2PM – 3PM (webinar)

For more details regarding the trainings please access the following link https://www.mass.gov/doc/vendor-training-schedule/download

YouTube Video:

How to Find Bids (Solicitations) and Submit Quotes (Respond) https://www.youtube.com/watch?v=IG7XDNk4-U0

Late bids will not be considered.

*See Appendix 3 "Training for Vendors Responding to Bids On COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-training-schedule/download for additional Instructor-Led Training and Webinar dates.

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

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidders access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

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

Additional Bid Information Anticipated Contract Duration:

The initial term of this Contract is 5 (five) years. In addition, this Contract has 1 (one) option to renew of up to 3 (three) years with a maximum possible contract duration of 8 (eight) years.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $9.30 million dollars. 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.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for the entire GRO39 contract duration.

Estimated Number of Awards The target number of vendors per category is 2 (two). The SST 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.

Adding Contractors after initial Contract Award If, over the life of the Contract, the SST determines that additional Contractors should be added in order to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

Acquisition Method(s):

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

· Cities, towns, districts, counties and other political subdivisions;

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

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education;

· Public purchasing cooperatives;

· Non-profit organizations that are doing business with the Commonwealth;

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

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

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

Bidder Qualifications Company experience Business background Please provide a brief description as noted in the bid response form, that includes company experience, business background, number of years in business and a company organization chart.

Years in the industry of the Bid Bidders must have been in the business of providing the bid services for at least the 5 (five) most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than five (5) years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Employee and/or business technical/business experience, certifications, licenses Please see Performance and Specifications Requirements, Appendix# 2 attached to the RFR.

Continuity of Operations Plan (COOP) 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.

Emergency Response Capabilities In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, contractors will 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:

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

Financial stability including DUNS report, bankruptcy, litigation, and contract defaults The bidder shall submit information on any and all investigations, indictments or pending litigation by any federal, state or local jurisdiction relating to the bidder, any officer, director, partner or member thereof, any affiliate or any related company and any other requested information as noted on the Bidder Response Form.

References and reference information and/or requirements Bidders are required to submit with their response three (3) letters of reference from their largest customers that are currently receiving commodity and services identified within this RFR. Bidders are also required to complete the reference information as noted in the Bidder Response Form.

COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

The Commonwealth of Massachusetts and the Strategic Sourcing Team are soliciting Bidders for the acquisition of supplies and related services under the following categories:

1. Bottled Water with Related Supplies and Services

2. Water Filtration Systems and Coolers including Reverse Osmosis Water Systems (R.O.)

3. Coffee Services and Related Supplies and Services

4. Emergency Bottled Water

See Appendix 2 for a detailed description of the scope of the categories.

Construction Law Compliance All work performed under this contract must comply with the Massachusetts construction laws, M.G.L. c.149 (building construction) and M.G.L. c.30 s.39M (public works projects). For reference please review the “Charts on Procurement Procedures” available for download from the Inspector General’s website at: https://www.mass.gov/download-oig-public-purchasing-and-public-construction-manuals.

This contract may 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 s.39M. All construction or construction related labor provided under this contract is limited to $50,000 or less per engagement. Any services provided that would exceed $50,000 in labor costs must go out to a public bid.

Eligible Entities will be allowed to contract with any Contractor under this Statewide Contract 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 this Statewide Contract for building construction or public works projects estimated to cost between $10,000 and $49,999 (this amount is capped for construction or construction-related labor only), Eligible Entities are required to solicit a minimum of at least three (3) responses from Contractors on this Statewide Contract and MUST receive written responses from at least two of the Contractors, 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.

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 where applicable.

Construction projects exceeding these limits are not permitted under this contract.

A Payment Bond is required from Contractors on projects where construction or construction-related labor costs Returns/Disposal.

Warranties Detailed commodity specifications and requirements for all categories identified within this RFR including warranty requirements are available as a separate file Appendix #2 of this RFR. Please read specifications and requirements carefully to ensure compliance.

Geographic coverage Vendors of GRO39 are expected to collectively provide service to cover the entire State of Massachusetts as detailed in the below County Map. Each Bidder must indicate in their bid, the counties that their service will cover or alternatively if they will provide services to cover the entire State. Please click on the following link to see a list of cities and towns in each county: https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm.

Counties RFR GRO39 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC3-58675 Page 3 Document Sensitivity Level: High during development; Low once published.

· Berkshire

· Hampshire

· Franklin

· Worcester

· Hampden

· Middlesex

· Essex

· Suffolk

· Norfolk

· Plymouth

· Bristol

· Barnstable

· Dukes

· Nantucket

Ordering and Quotes Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

Environmental Specifications In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Environmental Benefit Claims/Labeling Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms. Product environmental claims are to include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

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

Required Environmental Specifications Detailed commodity specifications and requirements for all categories identified within this RFR including EPP requirements are available as a separate file Appendix #2 of this RFR. Please read specifications and requirements carefully to ensure compliance.

A number of environmental product or service specifications have been designated as either mandatory or desirable for the Product/Service category by the EPP Program through EO 515 and can be viewed in the Minimum Environmentally Preferable Products and Services Specifications Guide at Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms. All statewide and executive department contracts are required to use these standards, unless otherwise noted in the RFR.

Bidder Current Environmental Practices Form Bidders must complete this form, Attachment# 4 to this RFR, and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify, however, bidders must substantiate all answers in order to receive additional points.

Environmental plan Awarded Bidders must agree to work with OSD and the SST to examine the feasibility of implementing an environmental plan throughout the life of the contract. Such a plan may include, but not be limited to, implementing energy initiatives, adopting and implementing sustainability policies or third-party standards and/or certifications, or publicizing their environmental initiatives. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Bidders may include written proposals submitted as an attachment Environmental Plan to their Quote detailing a commitment to action contingent upon receipt of a Contract award.

Compensation Structure/Pricing Compensation will be based solely on the pricing submitted by the Bidder and accepted by the SST. Pricing must be submitted for any or all categories of goods and services to be provided on this Statewide Contract. Pricing will be published on COMMBUYS. Pricing information will be provided by the bidder utilizing the cost tables provided by the ST as Attachment# 1 of this RFR. Compensation will be based on these cost tables, which will form the basis for the Contractor’s catalog in COMMBUYS for Commodities and services.

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.

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.

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

Prevailing Wage Bidders must comply with the Prevailing Wage Law, as administered by the Commissioner of Labor and Workforce Development/Division of Occupational Safety (DOS). All employees of Contractors engaged in 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.

Prompt Pay Discount All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid Attachment# 3, unless otherwise specified by the SST. The SST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote.

SUPPLIER DIVERSITY PLAN (SDP)

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, and/or SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. In planning their SDP commitment, Bidders certified by SDO must note that the commitment cannot be met by making expenditures within their own company or with parent or wholly owned subsidiary companies. Therefore, Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans submitted by bidders will be evaluated by the SST at 10% or more of the total available 100% evaluation points. Note: this does not mean that the bidder must commit 10% of sales. Questions concerning how the SDP works may be directed to the Supplier Diversity Office (SDO) or bidders may view a description of the SDP on the SDO webpage at www.mass.gov/sdo.

EVALUATION CRITERIA

Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the contractor to make minor corrections to the submission.

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award.

Mandatory Requirements Bidders who do not meet all mandatory requirements may be disqualified. The SST may determine if non-compliance with a mandatory requirement is insignificant or can be corrected or clarified.

Bid terms that include language such as: “must”, “shall”, “will” and “required” are “mandatory.”

Alternatives Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better, or more cost-effective performance than achievable under the stated Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance.

Evaluation Components The following components will be some of the criteria considered by the team when evaluating each Quote:

· Price

· Please note that price will carry a significant weight in the evaluation process. Additional price components that will be evaluated are:

· Volume purchase discounts (desirable)

· Dock Delivery Discounts (desirable)

· Supplier Diversity Plan (mandatory)

· Prompt Pay Discount (mandatory)

· Company Experience

· References (Business References and Reference Letters)

· EPP

The SST has the discretion to determine whether to go out for clarification of a submission, if the clarification or correction is for an error or omission in a bidder’s submission or response which was not clear, but which does not materially affect the original submission. The SST may convene a meeting with a bidder(s) for the purpose of resolving any and all relative issues of clarification to finalize an award.

Awards will be made to those bidders having the capacity to service all departments, cities, towns, political subdivisions, etc. within the Commonwealth of Massachusetts who will participate in any contract resulting from this RFR.

Best Value Selection and Negotiation The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.

INSTRUCTIONS FOR SUBMISSION OF RESPONSES

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 3 – Instructions for Vendors Responding to Bids Electronically through COMMBUYS.

Quote Contents Bidders must comply with the requirements below.

RFR Submission Checklist Strategic Sourcing Services Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit all documents referenced in the Checklist below:

· Request for Response Bid Response Form (Attachment 1)

· Supplier Diversity Form# 1 (Attachment 2)

· Prompt Payment Discount Form (Attachment 3)

· Environmentally Preferable Products/Practices Form (Attachment 4)

· Company Organizational Chart (Upload File)

· RFR Submission Checklist (Attachment 5)

Price Sheet All Bidders must complete all pricing information required in the Bidder Response Form; Attachment# 1 provided on COMMBUYS for this Bid in order to be evaluated. Mandatory tabs are indicated and include Vendor Contact Information, References, and individual categories. Individual categories are optional; Bidders may bid on one or more categories.

Bidder Response Form All Bidders must complete the Bidder Response Form, Attachment# 1 provided on COMMBUYS for this Bid in order to be evaluated. Items on the Bidder Response Form will represent mandatory and desirable specifications. Most items within the Bidder Response Form will be scored to determine the apparent successful bidders. The SST does not want and will not read, consider, or evaluate a line by line response to this RFR.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Limits and Restrictions File Format Restrictions All scanned documents must be in .pdf or .gif format and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, except for the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

Documents and items that cannot be submitted electronically Documents and items that cannot be submitted electronically, like confidential business references submitted by the reference, or requests for material samples, respectively, must be submitted to the following address in accordance with all of the Quote submission requirements including Bid Opening Date/Time, Bid Package and Environmental Response Submission Compliance provisions.

Ariola Molla Operational Services Division 1 Ashburton Place, RM1017 Boston, MA 02108

General Quote Requirements, Provisions, and Prohibitions 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.

Non-Collusion By submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

Multiple Quotes Unless otherwise instructed by the RFR, Bidders may not submit Multiple Quotes in response to a Bid. 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.

Minimum Quote Duration Bidders’ Quotes to this RFR must remain in effect for at least 90 days from the date of Quote submission.

Bidder’s Contact Information It is the Bidder’s responsibility to monitor the email address provided in the Quote for the Bidder’s contact person. The SST may need to contact the Bidder’s contact person with clarification requests or for other reasons. The SST and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with the Bidder’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

Ownership of Submitted Quotes OSD and the SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this RFR. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a read-only copy of this submission via their COMMBUYS account, as long as their account is active.

Prohibitions 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 using the contact information provided in the Header Information this Bid if this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

Public Records Law All Quotes and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26. Any statements in submitted Quotes that are inconsistent with these statutes shall be disregarded.

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 SST reserves the right to reject unreasonable requests.

REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

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.

Ink Signatures on Required Forms Original ink signatures are required only after contracts have been awarded only when a Bidder has been notified that they are an apparent successful bidder. DO NOT SUBMIT THESE FORMS UNTIL INSTRUCTED TO DO SO. The Commonwealth of Massachusetts requires Contractors apparent successful bidders to submit original ink-signature versions of the following forms:

· Standard Contract Form (watermarked version attached for reference)

· Commonwealth Terms and Conditions (signing the Standard Contract Form signifies acceptance of the Commonwealth Terms and Conditions) (watermarked version attached for reference)

· Contractor Authorized Signatory Listing

· Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form)

· Electronic Funds Transfer Sign Up Form

· Supplier Diversity Program (SDP) Plan Form 2 Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms with ink signatures within 10 (ten) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature version of the Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth. Please note that the Commonwealth deems void any changes made on or by attachment to the terms in any of these published forms and that, by submitting a bid in response to this RFR, the bidder agrees that they will sign these forms if notified that they are an apparent successful bidder.

Use of COMMBUYS Awarded Contractors are required to maintain an active registration in COMMBUYS, and to maintain a current email address for the Contractor's contact person. That email inbox must be monitored for communications, including bids and notifications from COMMBUYS, OSD, and Eligible Entities. The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical issues, such as email filtering, computer, network, or ISP problems, cause email communications to be lost or rejected. Awarded contractors must comply with applicable COMMBUYS requirements outlined in Appendix 3.

Statewide Contract Vendor Communications Protocol All awarded contractors will be expected to comply with the following:

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

· Make appropriate staff available for periodic meetings with the Commonwealth Contract Manager.

· Provide timely responses to requests.

· Maintain professionalism and courtesy in dealings with OSD and eligible entities.

Changes to Contractor’s information 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.

Single Point of Contact Designate a Single Point of Contact (Contractor Contract Manager) for communications with the Commonwealth Contract Manager.

Replacement of Contractor Staff Promptly notify the Commonwealth Contract Manager regarding Replacement of Contractor staff.

Adding commodities and/or services only in accordance with the Statewide Contract A request for the addition of commodities and/or services to GRO39 Statewide Contract must be submitted by the Purchasing Entity in writing to the Contract Manager. The Contract Manager along with the SST reserve the right to add additional fuel types or services beyond those stated in this RFR as the needs of the Purchasing Entities require.

Requesting price adjustments only in accordance with Statewide Contract Prices as listed on the GRO39 Bidder Response Form must stay firm for the first two years of the contract. Requests for additional increases in pricing for contract items will be limited to once per year unless market situations arise. Any changes in pricing must be submitted in writing to the OSD Contract Manager at a minimum of 30 days prior to the proposed price increase. The OSD Contract Manager reviews price increases based on the BLS indexes as well as other documentation submitted by the vendor, if applicable.

Performance Measures Detailed performance requirements for all categories identified within this RFR are available as a separate file Appendix #2 of this RFR.

Failure to perform contractual obligations Failure to comply with contractual requirements of GRO39 may result in corrective actions by OSD’s Contract Manager, including, but not limited to implementation of corrective action plans, suspension, and contract termination.

Overall Customer Satisfaction Supplier should develop a plan to conduct a quarterly survey of end-users to determine the level of customer service satisfaction experienced by Purchasing Entity and should conduct such a survey upon request from the OSD. Both the raw and analyzed survey results should be provided to the OSD. The following includes some of the areas to be measured on the survey: Responsiveness, Communication, Courtesy, Competence, Effectiveness, and Overall Satisfaction.

Adding additional contractors If, over the life of the contract, the SST determines that additional Contractors may be added, these may be drawn from qualified bidders 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 SST 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 SST 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.

Reporting Requirements and Due Dates Reporting and Payment Due Dates

Quarterly Sales, Supplier Diversity Program expenditure, and Environmentally Preferable Products report OSD has developed a centralized process for collecting sales, SDP, and EPP data. Sales data is used by OSD to measure progress on contract spend from year-to-year. The reporting assists with forecasting future contract spend, evaluating Vendor performance, and tracking Vendor spend towards environmental products and their SDP commitment. EPP reporting allows the EPP Program to annually quantify benefits and spend on sustainable products. Reporting also assists with the development of new contracts and/or new categories of services under existing contracts. In the event the Commonwealth adopts an alternate reporting system, Vendors will be required to utilize such system, as directed by the OSD Contract Manager.

Completion and submission of the Quarterly Sales and SDP Report is a requirement for all awarded Vendors under this contract each quarter. An Awarded Vendor must submit a Quarterly Sales and SDP Report each quarter regardless of whether or not they have had sales during a quarter.

Vendors are required to submit reports through the Commonwealth’s Vendor Report Management (VRM) System which may be accessed via web portal at https://massosd.gob2g.com. Vendors must maintain records such that they are able to report, for all invoices submitted under the contract, the purchasing entity name, the invoice number, the invoice date, the product/service description, the unit of measure, the price per unit, the quantity, the line total purchase amount, and any environmentally preferable product reporting requirements as applicable.

Statewide Contract Administration Quarterly Fee Payment and Report This Statewide Contract is subject to a 1% Contract Administration Fee, which is created pursuant to MGL c.