Magnesium Chloride RFR.docx

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT )

HIGHWAY OPERATIONS

10 PARK PLAZA

BOSTON, MA 02116

REQUEST FOR RESPONSE (RFR)

DOCUMENT TITLE: Magnesium Chloride Corrosion Inhibited COMMBUYS Bid#: BD-17-1030-0H100-0H099-00000009435 Document # / Project Info #: 96886 Release Date: 08/11/16

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 Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us 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.

Document Sensitivity Level: High during development; Low once published. Template v 8.1

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

RFR Introduction and General Description Procurement Scope and Description The Massachusetts Department of Transportation (MassDOT) seeks vendors for the furnishing and delivery of Magnesium Chloride Corrosion Inhibited 30% and 26%. The deicing liquid must be on and listed on the approved Pacific Northwest Snow fighters (PNS) Snow and Ice Control approved products list, (http://www.wsdot.wa.gov/partners/pns/(Published December 10th 2010). The deicing chemical shall comply with all the PNS specifications and testing methods.

Applicable Procurement Law This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 Number of awards MassDOT intends to make multiple awards. MassDOT reserves the right to make a single award if it is MassDOT’s best interest to do so.

Adding Contractors after initial Contract award If, over the life of the Contract, MassDOT determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of MassDOT, the Bid may be reopened to obtain additional vendors.

Eligible Entities Any contract resulting from this Bid will be open for use by the Issuing Entity as well as the following other 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 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.

Acquisition Method(s) The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchase.

Contract Duration

The length of the contract, specifically the contract start date, is dependent upon receiving properly executed award paperwork from the bidder. If award paperwork is received late, the full contract length may be less than indicated above. The contract end date shall remain the same for all vendors. No agreements for services may be executed after the Contract has expired.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $1,000,000.00 for the initial duration. MassDOT 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. The estimated value for this Bid was based on spending on previous, similar contracts.

Estimated Procurement Calendar

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

Amendment Deadline MassDOT 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. MassDOT and MassDOT accepts no responsibility and will provide no accommodation to Bidders who submit a Bid based on an out-of-date posted information or on information received from a source other than COMMBUYS.

performance specifications Source of Supply and Quality MassDOT reserves the right to require approval of the source of supply for any product to be incorporated into the work prior to delivery or manufacture.

Any bid for this contract shall be accompanied by written certification from the bidder’s supplier, guaranteeing adequate supply and prompt shipments for the term of the contract. If a bidder is its own producer, a statement to that effect must be included in the bid. Any bid, which does not contain one of these two requirements, shall not be given consideration.

Chapter 7, Section 22, Clause 17, of the Massachusetts General Laws, as amended, shall apply to the purchase by the Contractor of supplies and products to be used in the execution of this Contract. The rules referred to require a preference in the purchase of products, other considerations being equal, in favor first, of supplies and products manufactured and sold within the Commonwealth, and second, of supplies and products manufactured and sold within the United States.

If at any time, a bidder has not made satisfactory progress, he shall increase his efforts to such an extent as may be deemed necessary by the Contract Manager. If at any time, the Contract Manager shall be of the opinion and shall so certify in writing to a contractor that the work or any part thereof is unnecessarily or unreasonably delayed (delivery required within ten (10) days from receipt of order), or has violated any of the provisions of these Specifications, the Department may notify the contractor and the Department may cancel outstanding orders. In such a case, MassDOT shall not be liable for any expense suffered by the contractor as a result of its action and the contractor shall be prohibited from further performance under the terms of his bid as it may specify.

Deliveries Deliveries will be pre-paid and delivered to entity that initiated the order. There will be no minimum order requirement, however each delivery will not be less than 2,000 gallons per location. All items purchased from the contractor(s) will be successfully delivered to the appropriate location FOB. The term FOB shall mean delivered and unloaded in-house or on-site, at contractor risk, with all charges for transportation and unloading prepaid by the contractor. MassDOT will not process payment for any freight delivery or other handling charges.

Delivery for all products must commence within forty-eight (48) hours after receipt of orders when placed before 3:00 pm on a weekday excluding Holidays. MassDOT’s regular hours are 6:00 am to 10:00 pm Monday through Friday. Each delivery will be preceded by a phone call 24 hours prior to the delivery being made. Failure to notify or a delay in delivery will result in a 10% penalty charge. Each load will have a metered ticket and a sample will be taken at the time of delivery.

Under no circumstances shall delivered quantities exceed the total quantities shown on the MassDOT Purchase Order. The contractor shall bear the full responsibility for any overage shipped above the Amount requested and shall NOT receive compensation for any greater amount.

During winter Season, September 1 until May 1st, office personnel, dispatch office or Vendor’s primary contract manager must be available throughout the winter season including Holidays for scheduling of deliveries. Delivery tickets must be clearly marked and legible. A MassDOT employee must sign all delivery tickets. The signed delivery ticket will be the only verifiable method used to make payments.

Materials shall be delivered to all Six Districts (see attachment District locations total of 6 pages for all locations and addresses) There are approximately 110+/- current locations. Additional locations may be added as necessary and will be included as part of any contract resulting from the RFR. At most locations storage capacity is 5,000 Gallons. Each delivery will not be less than 2,000 gallons per locations. MassDOT reserves the right to exceed the estimated total and the delivery locations depending on the severity of the winter and the performance of the deicing agent.

Pricing Best and Final Offers MassDOT reserves the right to request a Best and Final Offer (BAFO).

Samples After bid is submitted and prior to award MassDOT will request two (2), one (1) gallon samples of Magnesium Chloride Corrosion Inhibited 30% and 26%.

Contract Renewal Pricing The contract prices for any renewal periods or term may be negotiated and shall be mutually agreed upon by MassDOT and the Contractor. MassDOT will entertain proposals for line item by line item price increases consistent with and relating to price changes originating with the manufacturer and/or transportation rates. Proposals for such price changes must be fully and properly documented and if approved shall be firm for the contract extension period. Any increases may not exceed the published PPI index at the time of the request. MassDOT reserves the right to negotiate price adjustments with the Contractor during the contract term for reasons associated with circumstances beyond the control of the Contractor. Proposals must be received 45 calendar days prior to the contract anniversary or extension date. The Contractor must submit a formal request for an increase to the MassDOT contract manager.

Proposals for price adjustments must include, but are not limited to:

· Identified price increase and their source, e.g., raw material, freight fuel labor.

· Copies of business publication(s), market quotations, or the trade journals generally recognized-as representative of the trade or industry that indicate market trends for the Contract Commodities.

· Copies of old and new price lists, if applicable, reflecting price changes. ·

The requested price change will contain the requested effective date. In the event that MassDOT rejects the price change, the Contractor may continue to perform under the extension option.

MassDOT reserves the right to negotiate pricing and product specifications at any time during the contract period for the best interests of MassDOT. MassDOT reserves the right to request additional information. MassDOT reserves the right to reject any requested price increases which they deem excessive. MassDOT also reserves the right to negotiate decreases in pricing.

Payment Invoices submitted by the Contractor shall be for the entire delivered quantity of an order. Invoices must be presented for payment within 10 business days after delivery of the product has been made.

Contract Management (Service Provider’s interface with MassDOT’s Contract Manager) The Contractor shall provide an Account Manager and Regional Representative. The Contract Manager shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between MassDOT and the supplier. The Account Manager must respond within 24 hours to MassDOT. If a site visit is required, the Regional Representative must be present on site within 48- 72 hours.

Account Manager:

The Bidder must provide in its Response the name of at least one individual who will be the Account Manager for the contract term. This Account manager will be responsible for:

MassDOT may require the Contractor to relieve the Account Manager if:

· Issues with the Account Manager that hinders effective functioning of the Contract.

At the point that a purchaser cancels those outstanding orders, it may secure needed supply from an alternate source. In such a case, the defaulted Contractor shall be responsible for any additional cost incurred and expense suffered by the purchaser as a result of its action. Such Contractor may be prohibited from further performance under its contract. MassDOT may consider such default in determining awards in future procurements.

The Contract Manager shall have the final authority, with the approval of the MassDOT, in all operational matters pursuant to this Contract. The Contract Manager, prior to implementation or performance, must approve alterations, substitutions, or modifications to this contract. These modifications, etc. may include new products not originally awarded but that MassDOT views as value added and may therefore be added to the Contract.

The Contract Manager, in consultation with MassDOT, may amend this Contract, at any time, during the Contract term and/or its extension years. The Contract Manager, in concert with MassDOT, has the authority to remove a Contractor from this Contract for poor or non-performance.

The Contract Manager, working with MassDOT, has the authority to remove or replace a Contractor with one of the original qualified, non-awarded Bidders.

Report Compliance The Contractor must supply all reports required by this RFR in an agreed upon format and in a timely manner. This will also include reporting on sub-contracting with SDP contractors. The awarded contractors must e-mail a weekly report of deliveries to the MassDOT headquarters on Friday of every week, for quantities supplied even when no deliveries occurred for the week. MassDOT expects these Reports during the winter season (September 1st to May 1st). The information provided will be a computer Printout of delivery ticket number, quantities delivered and locations of deliveries. Reports must be e-mailed to Bassam.Salfity@dot.state.ma.us. Failure to meet the reporting requirements established herein may result in a meeting with the MassDOT contract manager, MassDOT reserves the right to impose a 10% penalty for failure to comply.

Bidder’s Liability The Bidder hereby agrees in its bid to indemnify the Commonwealth for the payment of any other claims or demands of whatever nature, which may arise, during the performance of work under any order issued pursuant to a contract awarded under this Request for Response.

The Bidder hereby agrees to release the Commonwealth from all liability in connection with the payment of damages, claims, freight charges, demurrage, cost of material and other claims or demands of whatever nature which may arise, during the Contractor's performance of work under any order issued pursuant to a contract awarded under this Request for Response.

The Bidder agrees that title, ownership and the incidents thereto of all products to be purchased under any contract resulting from this Request for Response shall not vest in the Commonwealth until such material are delivered to and accepted by the Commonwealth.

Performance of Work Each Contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Product delivery and liability remains with the Contractor until the products are properly delivered and signed for by MassDOT.

Contractors shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the prior written consent of MassDOT. All assignments or transfers of any rights or interests in the contract by the Contractor shall be void, without the prior written consent of MassDOT.

Non-Compliance of Contractor MassDOT reserves the right to supplement purchases by soliciting another awarded Contractor or a bidder associated with this RFR in the event that the Awarded Contractor is unable to maintain adequate delivery schedules, non-delivery or the products being delivered do not meet required specifications. When an Awarded Contractor does not comply with the contract, the Awarded Contractor shall be responsible for any additional cost incurred and expense suffered by the MassDOT as a result of its action. An Awarded Contractor may be prohibited from further performance under this contract MassDOT for either Case stated above.

Subcontracts Prior approval from MassDOT is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Contractors shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not as assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the prior written consent of MassDOT. All assignments or transfers of any rights or interests in the contract by the Contractor shall be void, without the prior written consent of MassDOT.

Cancellation of Contract MassDOT reserves the right to terminate contracts upon a thirty (30) day written notice or terminate contracts IMMEDIATELY if the Contractor does not conform to the terms and conditions of the contract or breaches any material element of the contract.

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

Preparation and execution of bids The Bidder is responsible for performing any investigation or research regarding all conditions affecting the work to be done and labor and material needed, and make his Bid in sole reliance thereon.

Each Bidder shall submit with its bid evidence that it has the necessary equipment, storage facilities, experience, ability and capital to furnish the required products in the manner prescribed and to perform the required work satisfactorily.

Evaluation criteria Price will be heavily valued in the evaluation criteria. SDP will account for 10%. MassDOT reserves the right to request clarification of Responses following the bid submission, and to determine that any non-compliance is insubstantial, can be corrected, or that an alternative proposed by the Contractor is acceptable.

Award and rejection of bids MassDOT reserves the right to award by product, group of products or total bid. MassDOT further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of the Commonwealth. MassDOT reserves the right to reject awarding a contract due to unacceptable past performance by a Contractor. The Contract Manager and MassDOT shall have the final authority in selecting the product categories to be awarded.

Instructions for Execution and Submission of Forms The purpose of this appendix is to provide guidance to Bidders on the MassDOT Standard forms to be submitted (in addition to the other forms and documents required) and how they must be executed and submitted. Please note that these instructions are meant to supplement the Instructions found on each of these forms. It is advisable to print this document first so that it may be referenced when filling out these forms.

To Be Submitted with Bid Bid Response Form RFR Submission Checklist / First Page of Vendor Response Form MassDOT seeks to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist. By submitting the RFR Submission Checklist with a response, Bidders agree to all specifications for this Solicitation, including the RFR and all the documents within all the tabs, including the Specifications tab.

Page 2 - 3 of Bid Response Form Scan of Insurance Scanned Copies of 3 References and reference information and/or requirements Provide three (3) scanned copies of commercial or governmental client references from other agencies, not from MassDOT. A reference letter shall be submitted on client’s letterhead by the Bidder. The reference letter shall include the name, address, contact person, telephone number, length of service and a description of the goods and services that the Bidder provided to the client. It is required that the client references demonstrate the Bidder’s ability to perform a project of similar size, nature and complexity as that described in this RFR. Specifically, references should address quality of product, customer service, bidder’s abilities to address and resolve problems and overall value the bidder brought to client. References must be for clients or customers to whom goods and services were provided within three (3) years prior to the RFR Response due date. Additionally, business references are required to be recipients of Bidder business services with whom there is or has been a standing business relationship of one (1) year or greater duration. A Bidder’s prior business relationship with the Commonwealth will also be considered in this section, whether offered as a reference or not. Poor prior performance may result in no points being awarded in this section. MassDOT reserves the right to contact the reference if necessary.

Prompt Payment Discount Form Complete as directed below; include with online submission. Ink signature is not required. Pursuant to the Prompt Payment Discount terms set forth in the RFR Required Specifications for Statewide Contracts and on the Prompt Payment Discount Form itself, all Bidders must execute this form. After entering the “Bidder Name” and “Date of Offer for Prompt/Early Payment Discount”, the Bidder must identify the prompt payment discount(s) terms by indicating the “Percentage Discount off of the Proposed Pricing” and the “Turn-around-time for Payments.” In the event of a hardship that prevents the Bidder from offering a prompt payment discount, the Bidder must document this fact and provide supporting information. If awarded a contract, the final negotiated Prompt Pay Discounts should be reflected on the Commonwealth Standard Contract Form.

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

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

After contract execution, if any, Service Providers must submit a completed SDP Plan Form #2 – Declaration of SDP Partners, which can be found under the specifications tab of the solicitation, identifying a Certified Partner(s) no later than 30 days after contract execution. Service Providers may defer identification of their SDP Partner(s) by checking the box in Part II, thereby acknowledging their SDP Plan commitment. Failure to submit a completed SDP Plan Form #2 by the deadline may result in penalties including contract suspension, termination, and/or award to the next apparent successful bidder.

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

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

There are resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at:

Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the SDO webpage.

The Supplier Diversity Program offers training on the SDP Plan requirements as well as a SDP Webinar.

Complete as directed; include with online submission. Ink signature is not required. The specific Supplier Diversity Program (SDP) requirements for this procurement can be found earlier in this document.

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

Forms to be submitted only Upon Award Some of the forms listed below can be electronically signed by the Bidder, see Electronic Signatures. However, online Bidders must, if notified of Contract award, submit the following four (4) forms on paper with original ink within the timeframe referenced in the RFR section entitled Ink Signatures:

MassDOT Standard Contract Form If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

By executing this document or signing it electronically, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation with MassDOT. Also, the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by MassDOT and included as part of the Contract upon execution of this document by MassDOT.

If the Bidder does not have a Vendor Code beginning with “VC,” or does not know what their Vendor Code is, the Bidder should leave the Vendor Code field blank. The Bidder should NOT enter a Vendor Code assigned prior to May 2004, as new Vendor Codes have been assigned to all companies since that time.

Signature and date MUST be handwritten in ink, and the signature must be that of one of the people authorized to execute contracts on behalf of the Service Provider on the Service Provider Authorized Signatory Listing (See below).

MassDOT Terms and Conditions If notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If the Bidder has already executed and filed the MassDOT Terms and Conditions form pursuant to another RFR or Contract, a copy of this form may be included in place of an original. If the bidder’s name, address or Tax ID Number have changed since the MassDOT Terms and Conditions form was executed, a new MassDOT Terms and Conditions form is required. The MassDOT Terms and Conditions are hereby incorporated into any contract executed pursuant to this RFR.

This form must be unconditionally signed by one of the authorized signatories (see Service Provider Authorized Signatory Listing, below), and submitted without alteration. If the provisions in this document are not accepted in their entirety without modification, the entire Proposal offered in response to this Solicitation may be deemed non-responsive.

The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form).

Request for Taxpayer Identification Number and Certification (W9 Form) If notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If a Bidder has already submitted a Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form) and has received a valid Massachusetts Vendor Code, an original W-9 form is not required. A copy of the form as filed may be included in place of an original. If the Bidder’s name, address or Tax ID Number have changed since the Mass. Substitute W9 Form was executed, a new Mass. Substitute W9 Form is required. The information on this form will be used to record the Bidder’s legal address and where payments under a State Contract will be sent. The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions. Please do not use the U.S Treasury’s version of the W9 Form.

Service Provider Authorized Signatory Listing If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

In the table entitled “Authorized Signatory Name” and “Title,” type the names and titles of those individuals authorized to execute contracts and other legally binding documents on behalf of the Bidder. Bidders are advised to keep this list as small as possible, as Vendors will be required to notify the Procurement Manager of any changes. If the person signing in the signature block on the bottom of the first page of this form will also serve as an “Authorized Signatory,” that person’s name must be included in the typed table.

With regard to the next paragraph, which begins “I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk or Legal Counsel for the Service Provider…,” if your organization does not have these titles, cross them out and handwrite the appropriate title above the paragraph.

The signature and date should be handwritten in ink. Title, telephone, fax and email should be typed or handwritten legibly.

The second page of the form (entitled “Proof of Authentication of Signature”) states that the page is optional. However, the “optional” aspect of the form is that Commonwealth Departments are not required to use it. In the case of Statewide Contracts, this page is REQUIRED, not optional. The person signing this page must be the same person signing the Standard Contract Form, the Commonwealth Terms and Conditions, and the RFR Checklist.

Please note that in two places where the form says “in the presence of a notary,” this should be interpreted to mean “in the presence of a notary or corporate clerk/secretary.” Either a notary or corporate clerk/secretary can authenticate the form; only one is required.

Organizations whose corporate clerks/secretaries authenticate this form are not required to obtain a Corporate Seal to complete this document.

Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners If awarded a Contract, complete as directed below and submit on paper with original ink signature and date. Download this form, complete, and submit by the deadline specified in the Supplier Diversity Program (SDP) requirements for this procurement, located earlier in this document. A certified Bidder may not list itself as being a Supplier Diversity Program Partner to its own company. This form is NOT the same as the SDO certification of the Bidder’s company.

Electronic Funds Transfer Form If notified of Contract award, complete as directed.

HOW TO SUBMIT A BID RESPONSE

Email Bid Response Form and Bid Spreadsheet to max.feldpausch@dot.state.ma.us.

Appendix 1 – Required Terms Alterations Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

Ownership of Submitted Quotes MassDOT shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of MassDOT and will not be returned to the Bidder. MassDOT 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 lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

Prohibitions Bidders are prohibited from communicating directly with any employee of MassDOT regarding this RFR except as specified in this RFR, and no other individual MassDOT 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 on the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the MassDOT’s Standard Contract Form, 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.

Terms and Requirements Pertaining to Awarded Contracts Commonwealth Tax Exemption Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

Service Provider’s Contact Information It is the Service Provider’s responsibility to keep the Service Provider’s Contract Manager information current. If this information changes, the Service Provider must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

MassDOT assumes no responsibility if a Service Provider’s designated email address is not current, or if technical problems, including those with the Service Provider’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.

Publicity Any Service Provider awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, MassDOT employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

Appendix 2 - RFR - Required Specifications

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions (either version). However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00:

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

Items with the text, " Required for POS Only" specify a requirement for Purchase of Service (POS) human and social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and Social Services and 808 CMR 1.00, Compliance, Reporting and Auditing for Human and Social Service.

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

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

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

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

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

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

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

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.

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

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

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

Debriefing. Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments. Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD. Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or

2. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services Division shall not prohibit the department from proceeding with executing contracts.

Electronic Communication/Update of Bidder’s/Service Provider’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract…