HSP45_Laboratory Supplies and Equipment_RFR_FINAL_11.10.2022~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Laboratory Supplies and Equipment

Agency Document Number: HSP45

COMMBUYS Bid#:BD-22-14080-OSD03-SRC01-72722

11/10/2022

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 OSDhelpdesk@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 HSP45 - BD-22-14080-OSD03-SRC01-72722

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

RFR HSP45 - BD-22-14080-OSD03-SRC01-72722

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

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the HSP45: Laboratory Supplies and Equipment Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of all laboratory supplies, equipment including peripherals, furnishings, and related services including: test result reporting, warranties, extended warranties, service & maintenance agreements, general repairs, technological upgrades, the establishment of consumable & reagent agreements for specific instrumentation, training on purchased equipment, and installation/setup/integration into existing systems for use in locations including but not limited to: clinical, environmental, educational, forensic, healthcare, and scientific laboratories. 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 HSP41: Laboratory Supplies and Equipment. The Contract will also be available for use by other Eligible Entities. This resulting contract does not include or replace HSP41 Category 10 COVID 19 Antigen Test Kits (manufacturers).

This contract may also be used for proprietary products and equipment that cannot, or are not, produced or provided by any other manufacturer or distributor other than one vendor on contract.

This Bid has nine (9) categories: 1) Chemicals; 2) Clinical Products; 3) Clinical Diagnostics; 4) Lab Equipment; 5) Forensic & Environmental; 6) Lab Furnishings; 7) Microbiology; 8) Safety Products; and 9) Scientific Educational is intended to meet the scientific educational needs of the school age population, grades K-12, but not limited to this use (only vendors who specialize in grades K-12 and have educational product catalogs should bid this category. Large distributors’ scientific educational sections are eligible for Category 9 if they bid a separate educational catalog). A Bidder is not required to bid on more than one (1) category.

1.2 Estimated Procurement Calendar

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

Training Schedule There are no available webinar dates within the date range of this procurement. The SST strongly suggests you attend the Bidders Conference as listed above.

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 2, "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.

1.2.1 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 Bidder’s 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.

1.2.2 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.

1.2.3 Bidders’ Conference

The Bidders’ Conference is a web-based conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information. All questions related to the scope and technical requirements should be submitted using the Bid Q and A module in COMMBUYS.

The HSP45 Bidder’s Conference will be held on Tuesday, November 15, 2022 beginning at 1:00 pm. To register and learn more: https://attendee.gotowebinar.com/register/300731150567342863 Attendance is strongly suggested. Please refer to the Bidders Conference section of the Estimated Procurement Schedule in Section 1.2 of this RFR or this Bid in COMMBUYS for any updated program information.

1.2.4 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.

1.2.5 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.

1.3 Anticipated Contract Duration

The initial term of this Contract is 6 (six) years with zero options to renew.

1.3.1 Performance and payment time frames which exceed Contract duration No new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

1.3.2 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $75,000,000. 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 all quarters of FY2018 through FY2021.

1.3.3 Estimated Number of Awards

The target maximum number of Distributor Contractors for Categories 1-8 is twenty (20) and for Category 9 is ten (10) Distributors. The SST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

1.3.4 Adding Contractors after initial Contract Award

If, over the life of the Contract, the SST determines that additional Contractors should be added 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.

1.3.5 Acquisition Method(s):

1.3.6 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.

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 The intent of this statewide contract will be to allow a means for eligible entities to procure the products and related services as listed above. While some product overlap with existing statewide contracts is allowed (i.e., products bundled as part of a system purchase), items that are offered on Statewide Contracts and any of the successor statewide contracts with the primary use as listed below, will be excluded unless identified in this RFR and any attachments.

The lists of products and services that are NOT allowed under this contract include, but are not limited to, the following:

· COVID-19 Antigen Test Kits obtained directly from a manufacturer – available under HSP41 Category 10

· Medical Commodities through a Group Purchasing Organization (GPO) – available under HSP43

· Medical Commodities – available under HSP44

· Pharmaceutical Prime Vendor Drug Wholesaler – available under MED47

· Pharmaceutical Group Purchasing Organization (GPO) – available under MED48

· Influenza Vaccine – available under MED55

· Homeland Security, Public Safety, and Traffic Safety Supplies – available under HLS06

· Water Treatment Chemicals and Alternative Treatment Systems – available under FAC106

· Hazardous/Universal, Medical, and Electronic Waste Disposal and Emergency Response - available under FAC110

1. Bidder Qualifications

3.1 Company Experience

Bidders must submit a Bidder Response Form (Attachment A, Bidder Information Tab) which describes at a minimum the Company’s knowledge and experience in laboratory supplies and equipment sales (as a distributor or manufacturer). What types of laboratory supplies/equipment do they routinely sell and provide under the scope of this contract. Where are your company/warehouse locations and size relative to the products they sell; show that Bidder has the capacity and experience to meet the needs of the Commonwealth as a vendor of laboratory products. The SST has the right at any time to require Bidder to provide proof of its qualifications and capacity to meet the needs of the Commonwealth. So called “virtual” Vendors are not acceptable as Bidders.

3.1.1 Years in the industry of the Bid

Bidders must have been in the business of providing laboratory supplies and equipment or selling products within the scope of this RFR for at least the two (2) recent consecutive calendar years (2020-2021) prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than two (2) 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.

3.1.2 Organizational Chart

Bidders should identify how their company is presently organized. A description of the current ownership, incorporation, business size, must be included. Each Bidder must submit a copy of their Organizational Chart identifying staff by name, position or title and responsibilities as an attachment. Please identify attachment per the Bidder Response Form Submission Checklist, (CompanyName_HSP45_OrgChart_Attachment_B).

3.1.3 Employee and/or business technical/business experience, certifications, licenses Distributors must provide proof of authorization to sell or distribute any products dictating a certification from manufacturer(s) (ie: COVID-19 Antigen Test Kits). Authorization Letters/Certificates must clearly indicate manufacturer certifications by product line and/or product group, if such distinctions are in effect, or may indicate that the certifications apply to all products within the scope of this RFR.

Emergency Response Capabilities In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the laboratory equipment and supplies and/or services under the Statewide Contract on a priority basis. The Bidder’s Response 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/warehouse location(s) that would be available to serve the Commonwealth during an emergency (if applicable).

Financial Stability, Bankruptcy, Litigation, and Contract Defaults

3.3.1 Tax Compliance

Bidders must certify compliance with all Commonwealth tax laws, including MGL c62C, §49A with a Certificate of Good Standing from Department of Revenue. More information regarding these DOR documents is posted at www.mass.gov/dor.

3.3.2 Default, Litigation, and Bankruptcy

Bidders must provide a list of any past pending or outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR. The past is defined as three years prior to the opening of this solicitation.

References and Reference Information and/or Requirements It is desirable that Bidders have successfully held contracts of a similar type and magnitude and have a history of good performance.

A minimum of three (3) references MUST be submitted with bid response from institutional accounts, or from the three largest customers in Massachusetts, if available. It is important that a valid email address be provided for each business reference. Representatives of the following organizations will not be acceptable as references:

The Massachusetts Operational Services Division (OSD) or any HSP41/45 SST Members.

The SST reserves the right to contact references on an as-needed basis.

Equipment, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS Equipment Specifications The laboratory supplies and equipment available through this contract must be compliant with all applicable Federal laws and regulations such as Code of Federal Regulations (CFR) Title 21 at the time of sale.

Service Specifications The laboratory supplies and equipment purchased through this contract must meet the following service requirements:

4.2.1 Product Quality Control

Awarded Vendor must have a written plan or policy that outlines the Supply Chain Integrity steps the Bidder takes to ensure it is not obtaining medical or laboratory supplies and equipment that are counterfeit, fake, adulterated, damaged, secured from a “fire sale”, improperly stored, shopworn, outdated or have other problems from the medical commodities supply chain and then selling them to its customers.

In reference to Distributing Contractors of FDA-authorized and cleared, COVID-19 Antigen Test Kits, all must be sellable, authorized for distribution in the United States of America, unopened, unused, properly packaged, guaranteed non-counterfeit, and within six-months of expiration or have been granted an FDA “shelf-life extension”.

4.2.2 Customer Service and Support

Awarded Vendor must have a dedicated account representative assigned to the Commonwealth; ready to service buyers’ needs and maximize the contract’s availability and usage.

Bidders must have a physical location and a warehouse able to deliver products to any location within the Commonwealth within the required timeframes described in this RFR. Out of state or so called “virtual” Vendors are not acceptable as Bidders. The only exception to this “out of state” vendor requirement is for Distributing Contractors of COVID-19 Antigen Test Kits. The SST understands that some test kit distribution channels are located in other states. As long as they can meet the required delivery timeframes described in this RFR, they may respond to this RFR.

4.3 Eligible Brands and Models

When appropriate, the SST may specify brand name items or equals for the specific products for this contract. All eligible supplies and equipment must be in new condition and meet the standards set forth under Section 4.1 and other credible guidelines issued both Federally and by the Commonwealth of Massachusetts. In the case of remanufactured or refurbished equipment allowed under the Law, all standards and expectations set forth Federally and by the Commonwealth of Massachusetts must be followed.

4.4 Remanufactured Equipment

In the event that remanufactured equipment is being requested and sold, “remanufactured” or “reconditioned” is defined as products or equipment partially or fully manufactured from existing product materials where such materials are cleaned and repaired to the extent possible and reused in the new product or equipment in accordance with the original manufacturer’s specifications. All unusable parts are to be removed and replaced with new or remanufactured parts, which meet original equipment manufacturers (OEM) standards and any governing standards and/or regulations.

4.5 Delivery Terms

No charge for delivery within seven (7) calendar days of orders of up to $50.00 or more in the same day, to the same delivery address, either, from the Vendor or for drop shipping directly from a manufacturer or other source. A purchaser has the option of agreeing to special charges such as: a delivery charge of up to $20.00 for orders under $50.00. Please note, all expedited (express or overnight) delivery, hazmat fees, or other special handling must be disclosed and agreed to ahead of time with buyer. Special handling fees (not agreed to ahead of time with the buyer), added delivery fees, or fuel charges or fuel surcharges are prohibited under this Contract. This includes any special or exceptionally high-cost shipping fees associated with the purchase of COVID-19 Antigen Test Kits.

A Vendor must normally deliver items within seven (7) calendars days of receipt of an order*. If a Vendor cannot deliver within seven (7) calendar days, the Vendor must notify the Purchasing Entity of the projected delivery date at time of order or during the next business day. Should that date later change the Vendor must notify the Purchasing Entity of a new delivery date.

The SST understands specific types of machinery or equipment might have extended delivery times. This is acceptable under the terms of this contract and should be communicated to the Buyer.

4.6 Returns/Disposal

The Buyer may return any item in original packaging (other than COVID-19 Antigen Test Kits and associated supplies) and in saleable condition, within seven (7) calendar days of receipt of order unless at time of the order the Vendor clearly stated in writing that an item was not returnable. A wrongly shipped item received in error for which the purchaser notifies the Vendor within sixty (60) calendar days of receipt must be replaced, credited, or repaid by check at the option of the Purchaser. The Vendor is responsible for the shipping costs of all returns (within the sixty [60] day window) and restocking charges are not allowed under HSP45.

4.7 Warranties

If requested, vendors will provide warranty information on any products sold under the guise of this contract. It is understood that not all types of products may have a warranty and warranty coverage may differ based on product and availability. If Bidder offers extended warranties (or through product lines offered) on any type of laboratory supplies and equipment – even on remanufactured items - please provide that information in your response to this RFR.

Recalls, Notices of Defects and/or Failure to Supply: The Buyer is to receive timely Vendor notice [regarding recalls, notices of defects and/or Failure to Supply] and adequate opportunity to work together with the vendor to maintain operations and resolve product availability issues. The purchaser is not responsible for the cost to replace the item and has the option of receiving a credit instead.

4.7.1 Warranty types

Based on the products and warranty coverage, there may be multiple warranty types offered by vendors.

4.7.2 Warranty process and coverage

In the event of product failure or defect, it is the responsibility of the Buyer to notify the Vendor or seller per Section 4.5 of this RFR.

4.8 Geographic coverage

Awarded vendors must be able to service all counties within the Commonwealth of Massachusetts. Bidders must be able to deliver products to any location within the Commonwealth within the required timeframes described in this RFR.

Please refer to county information and MA map for further details.

0. 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 supplies, equipment, 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.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

0. 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 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 EO515 and can be viewed in the Minimum Environmentally Preferable Products and Services Specifications Guide at https://www.mass.gov/guides/epp-program-environmentally-preferable-products-and-services-on-statewide-contracts. It is desirable to include products that meet the Green Health Approved certification Greenhealth Approved Products | Greenhealth Approved as they become available.

In addition, it is desirable to include products that meet the Health Care Without Harm’s Safer Medical Products for Safer Medical Products as listed on their website Safer medical products | Health Care Without Harm (noharm-uscanada.org). Bidders are asked to list any products that meet this criteria.

It is highly desirable for bidders to provide products that meet environmental third party certification including Energy Star, Green Seal, ACT Label, or comply with ASHRAE 189.1 (2020) standards, is RoHS compliant, and have climate friendly refrigerants. It is desirable for bidders to provide products with an Environmental Product Declaration (Environmental Product Declarations | The EPD Registry™ | Digital EPD Databases | EPD for World Construction Products and Materials).

Please use the Bidder Response Form (Attachment A, EPP Form Tab) to list your organization’s work, plans and successes around Environmentally Preferable Products and Services.

All statewide and executive department contracts are required to use these standards, unless otherwise noted in the RFR.

Bidder Current Environmental Practices Form All RFRs are required to include the Bidder’s Current Environmental Practices Form which may be found in the Bidder Response Form. Bidders must complete the associated EPP tab located in the Bidder Response Form Attachment A of 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 to receive additional points.

4.10.4 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 to the Bidder Response Form of 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 all goods and services to be provided on this Statewide Contract. Price catalogs will be published on COMMBUYS. Prices will be based on “per unit” or other measurable manner to include, “bulk pricing” or “quantity” determined by packaging or units within a package. Some pricing may be fixed and/or discounted as stated in catalog.

The catalog provided with Bidders RFR response, once approved by the SST or SSM, will be used for the first year of the HSP45 contract (01/01/2023-12/31/2023). Thereafter, awarded vendors are allowed to revise prices annually between January 1 – April 30 of each calendar year of the contract. In the event a Vendor fails to submit a revised catalog to the SSM within the given timeframe, the Vendor’s current catalog prices will remain in effect until the next allowable update period. All price changes or catalog product updates and changes must be approved by the SSM prior to implementation.

The SST understands at times there are proprietary equipment and supplies that may involve different pricing structures or updates. These updates shall be handled on a case by case basis and does not apply to a Vendor’s standard catalog.

When an item is not on any Vendor’s Net Price List Catalog, Buyers should notify SSM for approval and guidance prior to contacting Vendors on Contract for a quote. If items are not currently offered in a Vendor’s listed Catalog, Vendor must provide and updated Catalog including the requested item and associated pricing. No other updates may be made to the Vendor Catalog at that time unless approved by SSM. All pricing on added item(s) related to this contract will remain in effect until the next approved Catalog update and will apply to other purchasers using the Contract; unless the Vendor clearly restricts its quote to be of limited duration or scope. Vendors must add products with accepted non-restricted quotes to their next updated catalog.

A Vendor may offer special market share incentives in the form of an additional percentage discount from the catalog to purchasers agreeing to purchase at least (%) of their laboratory supplies and equipment from the Vendor or has a monthly dollar sales volume of at least (n) $ with the Vendor.

Vendors must - for each category quoted – state in the required questions the minimum Vendor Percentage Discount off of the catalog or list price that will be in effect for the entire term of the contract. The Vendor may not decrease this discount amount, but may increase it in calculating a net price for an item at any time during the life of the contract.

If Acquisition Cost Plus Percent Markup pricing is being used, Bidders must clearly indicate this in their Bidder Response. Refer to RFR Section 4.11.2 for further information.

0. Cost Tables - COMMBUYS Catalogs Compensation will be based on the Net Price COMMBUYS catalog or PunchOut catalog supplied by the Bidder and accepted by the SST. Net Price for most products will be Vendor’s Acquisition Cost plus the Vendor’s Percentage Markup Quoted in response to this Bid. Individual facilities negotiated Market Share Discounts may further reduce the Net Price. Vendors offering their own “House Brand” of a product must supply the Net Price of the “House Brand” product and must not use the acquisition cost plus percentage markup methodology. When an item is not on a Vendor’s HSP45 Price Catalog, a Purchasing Entity may contact Vendors on the contract for a quote on the Net Price of the item. The final line of a Vendors Catalog is structured for these quoted items.

Per the SST, use of this service requires consultation with OSD’s PunchOut and COMMBUYS Operations Departments to ensure anticipated setup will match system capabilities.

0. Cost Plus – Acquisition Cost Plus Percent Markup Bidders must state on the Bidder Response Form, Attachment A, Pricing Information Tab and then add Attachment C per the pricing section instructions, the maximum Percentage Markup the Vendor will use in calculating the Net Price using Acquisition Cost plus the Vendor’s Percentage Markup.

Acquisition Price is the price a distributor will pay a manufacturer for a commodity under this contract. In no case will the acquisition price be higher than a manufacturer’s current published price for a distributor. In case of dispute or audit, the distributor may be required to produce invoices or other documentation supporting an acquisition price. The Vendor may always use a percentage markup that is less than its stated maximum percentage markup in calculating acquisition cost.

Vendors offering their own “House Brand” product must supply the Net Price of the “House Brand” product and must not use the acquisition cost plus percentage markup methodology.

4.11.3 Authorized Price Changes

The catalog provided with Bidders RFR response, once approved by the SST or SSM, will be used for the first year of the HSP45 contract (01/01/2023-12/31/2023). Thereafter, awarded vendors are allowed to revise prices annually between January 1 – April 30 of each calendar year of the contract. In the event a Vendor fails to submit a revised catalog to the SSM within the given timeframe, the Vendor’s current catalog prices will remain in effect until the next allowable update period. All price changes or catalog product updates and changes must be presented in writing and approved by the SSM prior to implementation.

4.11.4 Volume Price Discounts (VPD) & Time Limited Discounts (TLD) Any VPD or TLD offered by the Vendor must be approved by the SST and/or SSM prior to implementation.

0. Prohibited Charges and Actions Charges not accepted by the SSM and prohibited from being charged or published in the Bidder’s Pricing files and online catalogs are listed below. Charges and fees not directly related to service or usage are also prohibited.

Examples of prohibited charges include:

· State and Federal tax,

· Tax recovery charge,

· Fuel charges and fees

· Late Payment Fees not in compliance with the Bill Paying Policy of the Comptroller of the Commonwealth,

· Any other charges not specifically required by statute or regulation.

Examples of prohibited actions include:

· Third Party Marketing Sales,

· Referral to Collection Agencies, and;

· Suspension or Termination of Service without the written approval of the contracting Eligible Entity.

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, 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)

Program Background Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

Financial Commitment Requirements All Bidders responding to this solicitation (including manufacturers) are required to make a meaningful financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of any contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. HSP45 starts mid-year so the first six (6) months of the contract will be averaged in with the remaining time of the contract.

The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

· Disability-Owned Business Enterprise (DOBE)

· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships Bidders and Contractors may engage SDP Partners in the following two ways:

· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

· SDP Partners are not required to be subcontractors.

· SDP Partners are not required to be Massachusetts-based businesses.

· SDP Partners may be changed or added during the term of the contract if the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

· Already certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

· Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, then the Contractor must find alternative SDP Partners to meet their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee can be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable that Bidders provide an SDP Focus Statement that describe the bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

· Which departments/units within the business are responsible for implementing supplier diversity.

· Types of opportunities for which diverse and small businesses are considered.

· Specific measures/methods of engagement of diverse and small businesses.

It is also desirable that Bidders use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from and/or collaborating with diverse businesses. Such initiatives are separate and distinct from subcontracting and ancillary relationships included in the Bidder’s SDP financial commitment and may include but not be limited to:

· Serving as a mentor in a mentor-protégé relationship.

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

· Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms To encourage substantial Bidder supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions.