ITC71 Request for Response Amendment 1 4.5.2019~3.docx

REQUEST FOR RESPONSE

Security, Surveillance, Monitoring, and Access Controls Statewide Contract RFR # ITC71 / COMMBUYS Bid# BD-19-1080-OSD03-OSD03-36153

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Security, Surveillance, Monitoring, and Access Control Statewide Contract

Agency Document Number: ITC71

COMMBUYS Bid#: BD-19-1080-OSD03-OSD03-36153

March 12, 2019 Amendment 1 – April 5, 2019 (amended text in red)

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Contractors are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Contractors may also contact the COMMBUYS Helpdesk at COMMBUYS@mass.gov or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

(Catalog Sales, Installation, Monitoring, Repair and Maintenance Services)

92-12-17 – Security Systems Services

ITC71 RFR Table of Contents

Introduction and Bid Overview Purpose of Procurement The Commonwealth of Massachusetts and the ITC71 Strategic Sourcing Team (SST) are soliciting Contractors for the acquisition of Security Systems and Related Services to include, but not limited to, Security Detection Systems, Video Surveillance, Access Control, Integrated Video Management, Visitor Management, Locks, Locksmiths, Alarms, Monitoring Services/Systems, Catalog Sales, Service and Maintenance. 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. 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.

Contract Categories

· Category 1 – Catalog Sales

· Category 2 – Security Systems Integration (Equipment and Related Services)

· Category 3 – Security Systems Monitoring Services

· Category 4 – Locks, Locksmiths, Door Closures, and Related Hardware

Estimated Procurement Calendar

Training for Online Submission

Bidders who have not previously submitted Bids via COMMBUYS are strongly encouraged to attend training.

For additional resources view the section on COMMBUYS Job Aids for Vendors.

March 27, 2019

Location:

Online Webinar

Registration: https://www.eventbrite.com/e/vendor-webinar-how-to-locate-and-respond-to-bids-in-commbuys-online-training-tickets-58134079597

10:00 AM EDT – 12:00 PM EDT

1:00 PM EDT – 3:00 PM EDT

Location:

1 Ashburton Place, 21st Floor Boston, MA 02108

Registration:

Email steve.lyons@mass.gov to register

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Contractors 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. Contractors 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 Contractors to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Contractors 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. Contractors 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.

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

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Contractors access to the Bid Q&A page.

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Contractor’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 Contractors who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Pre-Bid Conference A Pre-Bid Conference is a conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering their questions. Attendance is highly recommended for interested Bidders. The ITC71 Bid will have two Pre-Bid Conferences on Tuesday, April 2, 2019 at 10:00 AM EDT and 1:00 PM EDT. Webinar access will be available. Bidders must RSVP by emailing steve.lyons@mass.gov. Pre-Bid Conferences may be recorded.

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

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

Applicable Procurement Laws Executive Branch Goods and Services: M.G.L. c.7 s.22; M.G.L. c.30 s.51; M.G.L. c.30 s.52; 801 CMR 21.00. Construction Materials and Services: M.G.L. c.149; M.G.L. c.30 s.39M.

Acquisition Method Products acquired and services performed as a result of this Bid will be direct, outright purchases.

Anticipated Contract Awards The intent of the ITC71 RFR is to make multiple awards across all categories.

Estimated Number of Awards The intent is to award a minimum of ten (10) Contractors or more per category. The SST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

Contract Renewals 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 and diversity requirements, and adequate sales volume. OSD reserves the right to reduce the number of Awarded Contractors for the duration of the agreement.

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

Performance and payment time frames which exceed Contract duration All term warranty, 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 year beyond the final termination date of this Statewide Contract. No new warranty, maintenance or other agreements for services may be executed after the Contract has expired. Any Contractor entering into new engagements with Eligible Entities after contract expiration will be subject to remedial measures, including but not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

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

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

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

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

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

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

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

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

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

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

Anticipated Contract Duration:

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is estimated to be $25 Million dollars annually. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. The estimated value referenced is included only for the convenience of Contractors and is not to be relied upon as any indication of future purchase levels.

Bidder/Contractor Qualifications Company Experience It is desired that Bidders have been operating in the industry for at least 5 years. Bidders must respond in the Bidder Response Form to indicate how many years of experience they have.

Category 2 Experience It is desired that Contractors in Category 2 have experience with 5 or more access control systems and have completed security installations involving 15 or more cameras and 5 or more IP video systems.

Detection Equipment It is desired that Contractors have the ability to provide materials and support for the installation of detection equipment such as X-ray machines and narcotics/contraband detection.

Alternative Measures of Company Experience Bidders who do not meet the above requirements may provide an alternative narrative of how their company has the experience and expertise necessary to be a successful Contractor on this Statewide Contract. This narrative must be uploaded as Additional Documents.

Company Qualifications, Certifications, and Licenses Contractors must possess all the necessary qualifications, certifications, and licenses required to perform work in the categories for which they are submitting bids. Eligible Entities may require additional qualifications, certifications, and licenses for the Contractor’s personnel employed on specific projects based on facility security requirements, type of work to be performed, and/or other factors. After contract award, Contractors must maintain the professional qualifications, certifications and licenses required in the awarded categories. The SST has final authority in determining whether the information and documentation provided by the Contractor is sufficient evidence of staff qualifications, certifications and licenses for the purposes of this contract. The Commonwealth reserves the right to request documentation from each Contractor to verify their compliance with any terms in this RFR.

S-licenses Per M.G.L. c.147, s.60, all individuals employed by an S-license holder must obtain a Certificate of Clearance (COC) and Eligible Entities may request a copy of the COC prior to a Contractor performing any work. OSD and the Eligible Entity reserve the right to request updated S-license and COC information at any time.

2.2.2 Technical Certifications

It is required that Awarded Contractors in Category 2 have at least one person certified in the system being designed and installed as an ITC71 project assigned to that project. Certifications are to be the most recent versions available for the programming or equipment being used. Eligible Entities reserve the right to set additional criteria for technical certifications.

2.2.3 Monitoring Service Requirements

Contractors providing monitoring services under Category 3 must possess one of the following certifications or their equivalent and must upload proof of certification with the bid response:

· Central Station Alarm Association’s (CSAA) Five Diamond Central Station Certification Program

· FM Global Approved Central Station Company

· Underwriters Laboratories (UL) Approved Central Station Company Contractors must maintain such certification throughout the life of the contract. OSD reserves the right to request proof of certification throughout the duration of the contract.

Financial Stability All Contractors must submit the following financial information on the ITC71 Bidder Response Form:

· Gross annual revenue for last 3 completed fiscal years.

· Any bankruptcy and/or current/pending litigation from the last 5 years.

· Any defaults on previous contracts in the last 5 years.

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

The SST reserves the right to disqualify Contractors if information provided in response to this section represents excessive risk to the Commonwealth.

Geographic Service Capability It is desired that Contractors awarded to ITC71 can service all of the Commonwealth and its islands. However, responses will still be considered from Bidders who cannot. Bidders must respond on the ITC71 Bidder Response Form to indicate what geographic service they can offer. If a Bidder receives an award then they must service all cities and towns within their awarded region(s). An Awarded Contractor may respond to quote opportunities outside of their awarded regions but are subject to all terms of the ITC71 RFR without exception.

Geographic Service Regions For the purposes of ITC71 the Commonwealth has been divided into five (5) regions (see below). Each region consists of multiple counties. To see a map of the regions please review Appendix 6 – Geographic Service Regions Map. To review individual municipalities located within each county please go to https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm.

Region 1:

· Berkshire County

· Franklin County

· Hampden County

· Hampshire County Region 4:

· Norfolk County

· Suffolk County

Region 2:

· Worcester County Region 5:

· Barnstable County

· Bristol County

· Dukes County

· Nantucket County

· Plymouth County

Region 3:

· Essex County

· Middlesex County

Region 4 Bidders responding for Region 4 must include one or more additional region(s) as well. Bidders will not be awarded to service only Region 4.

Business References Bidders must submit a minimum of 5 company references in the ITC71 Bidder Response Form. At least 2 references must be from a public entity or institution of higher education.

Emergency Response Capabilities In a declared State of Emergency where the safety and wellbeing of Commonwealth citizens are at risk, Contractors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. Contractors responding to the ITC71 bid must respond with the following information on the ITC71 Bidder Response Form:

· An emergency contact (name, position/title, phone, and email).

· 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.

CORI and SORI Check requirements Awarded Contractors must be willing to provide documentation to the Commonwealth or Eligible Entity for criminal and sexual offender background checks (CORI and SORI). Contractors must be prepared to provide staff, including subcontractors, willing to undergo CORI and SORI checks prior to entering an Eligible Entity’s premises. The Eligible Entity is responsible for requesting CORI and SORI checks. Eligible Entities should use a CORI and SORI as required by Executive Order 495 and in a manner consistent with their own applicable rules, regulations and policies.

See Appendix 5 – Massachusetts Department of Correction Security Requirements for more information.

For more information to obtain CORI and SORI checks, please use the following links.

· https://www.mass.gov/criminal-record-check-services

· https://www.mass.gov/how-to/request-sex-offender-registry-information-sori

Product and Service Specifications Contract Specifications The specifications in this RFR apply to all products and services awarded under any contract resulting from this RFR. Contractors must meet or exceed all of the required specifications within this RFR. Contractors must guarantee the equipment offered is new and not discontinued or recalled by the manufacturer. All equipment must be valid for sale in the United States. Equipment furnished under the terms of this contract shall be guaranteed against any defect due to faulty material and/or workmanship. Equipment must meet all federal, state, and local standards for quality and safety requirements. All electrical components utilized, including integrated circuits, will be high reliability, commercial grade.

The ITC71 SST reserves the right to amend these specifications, as well as restrict or phase out products or services on contract, at any time in order to comply with new polices, laws, and regulations, to minimize human health risks, or in other cases if it is in the best interests of the Commonwealth to do so. Contractors are required to comply with such amended specifications.

The Commonwealth reserves the right to take corrective action on any Contractor who fails to comply with the terms of this contract. This includes suspension or termination of the contract.

Contract Categories Category 1 – Catalog Sales Contractors must be an authorized reseller or manufacturer (OEM) able to provide security equipment and supplies within the scope of this contract. Category 1 is only for catalog sales.

Category 2 – Security Systems Integration (Equipment and Related Services) Contractors must be an authorized reseller or manufacturer able to provide security integration services; specifically the Contractor must be able to provide equipment, systems, supplies, installation, design services, training, service and maintenance, and technical support for all equipment and related services. This includes, but is not limited to: configuration and integration of security, camera, access control, or ID systems and supplies; lobby turnstiles; vehicle access barriers; command centers; detection systems (including x-ray machines, metal detectors, full-body scanners, explosives, narcotics, vehicle-borne, environmental, buried cable, fence, or infrared detection systems); racks, housings, security consoles, mounts, stand-alone computers, secured data storage (local and/or cloud), encrypted data transmission (wired, wireless, and/or cloud-based) and the ability to track encrypted data transmissions; and furniture/fixtures when designed or purchased for use in a security application.

It is desirable that Contractors have in-house design capability and a demonstration center located in Massachusetts which Eligible Entities may visit and view prospective products. It is also desirable that Contractors have a bench repair center located in Massachusetts that provides factory authorized repair services.

Contractors must review Appendix 2 – Required Terms for all Information Technology Statewide RFRs for policy and standards for network based systems.

Category 3 – Security Systems Monitoring Services Contractors must be able to provide remote monitoring for security systems in at least two of the following types of locations: facilities (buildings, garages, tunnels, etc.), campuses (groups of buildings, that may include fencing and gates, etc.), and residential group homes. Category 3 is for remote system monitoring services only. Contractors wishing to provide both monitoring and installation services must submit proposals under both Category 2 and Category 3.

Contractors should review Appendix 2 for policy and standards for network based systems.

Category 4 – Locks, Locksmiths, Door Closures, and Related Hardware The Contractor must be able to provide full service installation, maintenance, and catalog sales of locks, accessories, and related equipment. This includes, but is not limited to: padlocks, locks, keys, mortis locks, lock cylinders, auxiliary, deadbolt, door closures, key making machines, supplies and repair parts, handicap door openers, panic bars, hasps and hasp locks, institutional locks and door systems (paracentric locks, high security mogul locks, sliding door operators-institutional) and accessories, safes, and locksmith tools or security supplies.

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 Statewide Contract ITC71 for services for building or public works construction projects estimated to cost less than $10,000 without the need to solicit multiple written price quotations when procuring these services, unless required by the Eligible Entity’s internal procurement policies and requirements. Eligible Entities must use sound business practices which require a record that includes, at a minimum, the name and address of the person from whom the services were procured.

If using Statewide Contract ITC71 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 ITC71 Contractors and MUST receive two (2) written responses from ITC71 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 exceed $25,000.

Cable Pulling For purposes of construction procurement bidding thresholds, the act of pulling cables or wiring through existing conduits is not considered a construction activity. The labor is however subject to prevailing wage law.

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

Eligible Entities are required to request online prevailing wage rate sheets at https://www.mass.gov/prevailing-wage-program (or by calling the Department of Labor Standards at 617-626-6975) and provide these to the Contractor.

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

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

· Pursuant to M.G.L. c.149 s.27B, every Contractor and subcontractor is required to submit a "true and accurate" copy of their weekly payroll records directly to the Eligible Entity. Failure to comply may result in the commencement of a criminal action or the issuance of a civil citation. Failure to comply with payroll records may result in suspension or termination of state contract ITC71.

· M.G.L. c.149 s.27B requires the following information be contained on certified payroll records:

· For each employee, the name, address, occupational classification, hours worked and wages paid.

· For each apprentice, in addition to the aforementioned information, a photocopy of the apprentice’s ID card.

· Example of certified payroll record (report form): http://www.mass.gov/lwd/docs/dos/prevaling-wage/pw-payroll.pdf.

Apprentices

· Contractors are not allowed to add apprentice labor rate(s) unless the Contractor is a participant of the Commonwealth’s apprentice program overseen by the Massachusetts Division of Apprentice Standards. Bidders will identify in the Bidder Response Form if they have an approved apprenticeship program.

· All apprentices must be registered with the DAS in order to be paid at the lower apprentice rates. All apprentices must keep their apprentice identification card on their person during all work hours. If a worker is not registered with DAT then they must be paid the “total rate” listed on the wage schedule regardless of experience or skill level. For further information please call 617-626-5409.

Locksmiths Per the Massachusetts Department of Labor Standards, when covered by prevailing wage, locksmith work falls under the carpenter rate.

Delivery Requirements Delivery must be F.O.B. destination with no delivery or travel expenses paid by the Eligible Entity with the exception of Deliveries to Dukes and Nantucket Counties. Contractor must deliver all purchases or initiate installation within thirty (30) business days after receipt of written order or at a time mutually agreed upon by the Eligible Entity.

Contractor is responsible for the delivery of products in first class condition at the point of delivery and in accordance with good commercial practice. Shipping cases must:

· Show the name of the supplier

· Name and address of receiving customer

· Purchase order number

· Be properly labeled with the part number/stock number

· Quantity per box

· Any special designation requested by the Eligible Entity Purchased items provided must be strictly in accordance with those contained in the contract award. Eligible Entities are authorized to order and Contractors are authorized to deliver and/or ship only those items covered by the contract. If a review of orders placed by any Eligible Entity reveals that material other than that covered by the contract has been ordered and delivered, the OSD Contract Manager will take such steps as are necessary to have the material returned by the Eligible Entity, regardless of the time elapsed between the date of delivery and discovery of the violation at a cost to the Contractor. Full credit will be required. Violation of this clause may result in the suspension or removal of the Contractor from the contract.

Contractor must make delivery and have product available for delivery statewide. All deliveries shall be during regular working hours, usually 7:00 AM to 5:00 PM Eastern Standard Time (EST), Monday through Friday. The Contractor shall be responsible for all drop ship purchases and will coordinate with the Eligible Entity with regards to the drop ship delivery location.

Contractor shall notify the Eligible Entity at least 48 hours in advance of shipment and/or installation. The Eligible Entity will provide specific and timely authorization for each delivery. The Contractor may not proceed with delivery and installation until approval has been given to commence delivery and/or installation by the Eligible Entity.

Contractor must be responsible for all delivery, unloading, staging, storage and installation of equipment and/or supplies and removal of all packaging material from the premises in coordination with the Eligible Entities instructions. Delivery will be inside delivery to the ordering entities desired internal location unless directed otherwise by the Eligible Entity.

Incomplete, Incorrect, or Damaged Orders All products ordered by Eligible Entities must be delivered by the Contractor in new and unopened containers, or in a condition acceptable to the Eligible Entity. Damaged shipments will not be accepted. In the event that any order is accepted and then determined by the Eligible Entity to be incomplete, incorrect, or have damaged products, then the Contractor must correct the order to the satisfaction of the Eligible Entity. Contractor must cover all costs of correcting for an incomplete, incorrect, or damaged order. The Eligible Entity will not pay additional fees.

Returns/Recycling/Disposal/Surplus Property Services and products/materials provided by Contractors must meet all federal, state, and local standards for quality and safety requirements. Services and products/materials not meeting standards will be deemed unacceptable and returned to a Contractor for credit at no charge to the Commonwealth.

All products must have a return policy regardless of reason, as long as the product is not damaged due to negligence or maliciousness. Contractors may not charge a restocking fee on returns unless this is clearly made apparent to and agreed upon in writing prior to entering into an agreement with the Eligible Entity. Contractors must inform the Eligible Entity in writing what the Return Policy is prior to issuing an order.

It is desirable that all waste materials generated from a worksite be reused, donated (if applicable), or recycled to the greatest extent possible before sending to disposal. For additional information please refer to the Massachusetts Department of Environmental Protection (MassDEP) Recycling and Reuse website at: https://www.mass.gov/recycling-reuse or the MassDEP Managing Construction and Demolition Waste website at: https://www.mass.gov/lists/managing-construction-demolition-cd-wastes.

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

Deliveries to Dukes and Nantucket Counties The Commonwealth understands that deliveries to Eligible Entities in Dukes County and Nantucket County may require a ferrying cost. Any fees necessary to complete an order in Dukes or Nantucket County must be agreed to in writing by the Eligible Entity prior to the beginning of any order. Contractors must use all available means to secure the most cost-efficient method of delivery to Eligible Entities in Dukes or Nantucket County.

Licenses and Standards Approvals and Standards (UL, CE, FCC, FDA, ASTM, IEEE) UL approval is required for all electrically operated equipment under this contract where such approvals of listings have been established.

Software Licenses Where applicable, the cost of software licenses may be included in the Service Maintenance Agreement. Eligible Entities may also purchase software licenses separate from any Service Maintenance Agreements. Software licenses shall include software updates.

Proprietary Software Exclusion Statement The sale of any software package for any security purpose that is unique to one Contractor or proprietary in any manner is strictly prohibited. All included hardware and software provided by Contractors must be serviceable by companies other than the Contractor and shall be designed for service and maintenance by others. It is the goal of the Commonwealth to procure off the shelf platforms that can be serviced by multiple Contractors at the option of the Commonwealth. Eligible Entities may request program codes specific to each system as well as the platform on which the codes reside on.

Permits Contractor is responsible for obtaining and submitting all required permits from any Federal, State or Local agency. Contractors are responsible for the payment of all permits. Eligible Entities will not pay for any permits of any kind unless this is otherwise specified and agreed upon by the purchasing entity in writing prior to the start of work.

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

Warranties and Guarantees Authorized Reseller/Dealer Contractors must be authorized to sell, install, and service the products for which they carry on contract. When bidding the Contractor must provide written proof that they are an authorized reseller for each manufacturer they submit in their response. This must be in the form of a letter or email from the manufacturer (or in some cases distributor) that authorizes the Contractor to sell the products and identifies the Contractor by company name. No manufacturer, product line, or distributor will be accepted for any Contractor without proof of authorization. Bidders must upload all letters of proof with their Bid response. Bidders may scan and combine multiple letters into one PDF file to consolidate and may use additional files if necessary. Bidders should not upload each letter or email individually. The Commonwealth and Eligible Entities utilizing the contract reserve the right to request documentation at any time to substantiate authorization and certification. Awarded Contractors must notify the OSD Contract Manager of any authorized reseller changes, additions, and deletions throughout the term of the Contract.

New Products Only Contractors must guarantee the equipment offered is new equipment and that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practices.

Standard Warranty Contractors must guarantee the equipment offered comes with a standard one (1) year warranty from the original equipment manufacturer (OEM) that is valid in the United States. Equipment furnished under the terms of this contract shall be guaranteed against faulty material and workmanship. A standard warranty shall include all expenses including parts, labor, and travel. Contractor must confirm the standard warranty is available when responding in the ITC71 Bidder Response Form for categories 1, 2, and 4.

Extended Warranties Eligible Entities may purchase extended warranties from an Awarded Contractors at negotiated pricing. Contractor must indicate if extended warranties are available for purchase in the ITC71 Bidder Response Form for categories 1, 2, and 4. Extended warranties shall not exceed three (3) years.

Parts Obsolescence Contractors must guarantee the availability of parts for all equipment proposed for the duration of the warranty or extended warranty. If no longer available, the equipment may be replaced with a suitable replacement of similar like, kind and quality. There will be no additional cost to the Eligible Entity within the warranty or extended warranty period.

Defective Equipment Contractors agree that all equipment purchased shall be operational and perform in accordance with standard equipment performance specifications and warranties for the equipment.

The Contractor agrees that since the equipment purchased is essential for Eligible Entity operations, that neither an Eligible Entity nor the Commonwealth will have any obligation to pay for defective equipment that cannot be repaired or replaced by the Contractor within the terms of the contract.

Contractors shall repair any defective equipment so it operates in accordance with standard performance specifications and warranty period for that Equipment. Contractors shall be responsible for all equipment defects and failures. If the equipment cannot be repaired within the terms of the contract, or by periods established by separate agreement with the Eligible Entity, the Contractor shall immediately replace the equipment with identical or comparable equipment. The Contractor shall be responsible for all transportation, shipping and delivery costs and other costs associated with the replacement of defective equipment. The Contractor may not charge a fee, service charge or seek remuneration for materials or labor associated with the replacement of defective equipment with identical or comparable equipment. If the equipment replacement must be different equipment than originally installed, then it is the responsibility of the Contractor to honor the original purchase cost of the original equipment. Should the equipment be of lesser cost the Contractor must provide the Eligible Entity with the lesser cost.

Contractors may be suspended from contract if the Contractor fails to perform in accordance with standard equipment performance specifications and warranties for equipment. Contractors may not bill for “truck charges” or surcharges to service defective equipment or warranty service unless approved by the Eligible Entity.

Recalls Contractors must notify Eligible Entities when products they have sold and/or installed are recalled by the manufacturer and comply with the Defective Equipment section above.

Substantial Impairment If, during the warranty period, an Eligible Entity determines that a system is “substantially impaired”, it shall have the right to request total replacement of the system; or, seek an alternative contractor to make the necessary repairs. In cases where an alternative contractor is required, it shall be done at the expense of the Awarded Contractor.

A “substantially Impairment” shall be defined as a system that has a defect which significantly restricts the use, operability or effectiveness of the system, and which has not been repaired after a reasonable number of attempts to make repairs to the system.

A “reasonable number of attempts" to repair the substantial defect shall be defined as, within the term of the warranty:

· A repair is attempted 3 or more times for the same substantial defect, and the problem continues or recurs within the term of warranty;

· or, repair attempts for any substantial defect or combination of defects result in a significant restriction in the use , operability or effectiveness of the system, not necessarily all at one time for a period in excess of fifteen business days. Note: A business day is any day that the Eligible Entity is open for business.

If the Contractor is unable to provide identical or comparable replacement equipment for the defective equipment within a reasonable time, the Eligible Entity may return it for a full refund/credit. The Contractor may not penalize the Eligible Entity any further or make any additional charges.

The Contractor agrees to promptly replace any part or parts that fail, under normal use, due to defective material, workmanship, or performance…