MassDOT Liquid Magnesium Chloride RFR.docx

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION HIGHWAY DEPARTMENT

OPERATIONS & MAINTENANCE SECTION

10 PARK PLAZA, BOSTON, MA 02116

A REQUEST FOR RESPONSE (RFR)

DOCUMENT TITLE:

Magnesium Chloride Corrosion Inhibited

COMMBUYS Bid#: BD-22-1030-CPO1-CPO1-65862

Release Date: 8/23/2021

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. 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.

Samples …………………………………………………………………………………………. 4

How to submit a bid response…………………………………………………………………….7

Prohibitions…………………………………………………………………………………….9

11.0 APPENDIX 2 - RFR- REQUIRED SPECIFICATIONS………………………………………………12

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Massachusetts Department of Transportation (MassDOT) seeks vendors for the furnishing and delivery of Magnesium Chloride Corrosion Inhibited 28%. The deicing liquid must be on and listed on the approved Clear Roads (CR) Snow and Ice Control approved products list, (https://clearroads.org/wp-content/uploads/QPL_Updated-July-28-2021-1.pdf). The deicing chemical shall comply with all the CR specifications and testing methods. MassDOT reserves the right to add other related products to this contract.

1.2 Applicable Procurement Law

This Bid is issued under 801 CMR 21 00

1.3 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.

1.4 Adding Contractors after initial Contract award

1.5 This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously. The Department will not accept new bids that are received less than 6 months away from the maximum and final end date of the solicitation.

1.6 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.

1.7 Acquisition Method(s): OUTRIGHT PURCHASE.

1.8 Contract Duration

Instructions

Total Maximum 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.

1.9 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is in excess of $250,000.00 per year. 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.

2 ESTIMATED PROCUREMENT CALENDAR

Deadline for Submission of Questions to Mark.A.Goldstein@dot.state.ma.us.

08/30/2021 @4pm

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

2.1 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.

3 PERFORMANCE SPECIFICATIONS

3.1 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 because of its action and the Contractor shall be prohibited from further performance under the terms of his bid as it may specify.

3.2 Deliveries

Deliveries will be pre-paid and delivered to entity that initiated the order. Each delivery location will not be less than 2,000 gallons. 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 to the Contractor. 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, MassDOT Depot List for all locations/ addresses). There are approximately 120 +/- 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. For split-deliveries locations within an ordering District, MassDOT will pay a flat fee of $75 for each delivery location following the initial delivery location.

If MassDOT requests, and the Contractor is available to transfer the Contractor’s product or MassDOT’s own manufactured salt brine from one location to another, or to load product and remain on site, MassDOT will pay the Contractor an $85/hour rate. Such work shall be as directed and approved in advance by MassDOT. The Contractor shall ensure that each truck utilized for the product transfer has been cleaned prior to picking up the product to prevent any contamination of the product.

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.

3.3 Pricing

3.3.1 Best and Final Offers

MassDOT reserves the right to request a Best and Final Offer (BAFO) per gallon of Corrosion Inhibited 28% Magnesium Chloride.

3.3.2 Samples

After bid is submitted and prior to award MassDOT will request two (2), one (1) gallon samples of Magnesium Chloride Corrosion Inhibited 28%.

3.3.3 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 relevant published Producer Price Index (PPI) 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. If 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.

3.4 Payment

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

3.5 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:

· Proper operation and administration of the Contract by the Contractor.

· Responding in a timely manner and in writing unless instructed otherwise, to all requests from the Contract Manager.

· Supplying information and serving as liaison between the Contractor and MassDOT and Eligible Entities.

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

· The Account Manager does not support the contract requirements.

· The Account Manager does not deliver work which conforms to the requirements demonstrated in this contract.

· Issues with the Account Manager that hinder 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 because 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.

3.6 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 Mark.A.Goldstein@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.

3.7 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.

3.8 Performance of Work

Each Contractor's performance will be evaluated on an ongoing basis and will be utilized in determining whether 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.

3.9 Non-Compliance of Contractor

MassDOT reserves the right to supplement purchases by soliciting another awarded Contractor or a bidder associated with this RFR if 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 because of its action. An Awarded Contractor may be prohibited from further performance under this contract by MassDOT for either Case stated above.

3.10 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.

3.11 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.

4 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.

5 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.

6 EVALUATION CRITERIA

Pricing: Price per gallon of delivered, Corrosion Inhibited 28% Magnesium Chloride will be heavily valued in the evaluation criteria.

Supplier Diversity plan submission

Business reference form submission

Prompt payment discount participation

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.

7 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.

8 INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF FORMS

All bids must be uploaded in Commbuys; no exceptions.

8.1 To Be Submitted with Bid

8.2 PDF of all required forms – fill out attachment completely and save and upload ONE PDF to the bid in Commbuys.

8.3 Forms to be submitted only Upon Award

The standard contract form in the attachment to this RFR is there as a reference. If awarded a contract by MassDOT, you will receive an SCF for you to execute and return.

9 HOW TO SUBMIT A BID RESPONSE

Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

COMMBUYS Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

10 APPENDIX 1 - REQUIRED TERMS

10.1.1 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.

10.1.2 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.

10.1.3 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 if 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.

10.2 Terms and Requirements Pertaining to Awarded Contracts

10.2.1 Commonwealth Tax Exemption.

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

10.2.2 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.

10.2.3 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.

11 APPENDIX 2 - RFR- REQUIRED SPECIFICATIONS

In general, most of the required contractual stipulations are referenced in the Standard Contract Farm and Instructions and the Commonwealth Terms and Conditions (either version). However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 80 I 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 jar 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.commbuvs.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, 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: (I) 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 COMM BUYS 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/or 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 manager, if awarded a contract, and to monitor that email inbox for communications from the SST, including requests for clarification. The SST and the Commonwealth assume no responsibility if a prospective bidder's/awarded Contractor's designated email address is not current, or if technical problems, including those with the prospective bidder's/awarded Contractor's computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded Contractor and the SST to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both Contractors and the Commonwealth because it ensures fast, safe, and reliable payment directly to Contractors and saves both parties the cost of processing checks. Service Providers can track and verify payments made electronically through the Comptroller's Vendor Web system. A link to the EFT application can be found on the OSD forms page https://www.mass.gov/lists/osd-forms. Additional information about EFT is available on the Vendor Web site https://massfinance.state.ma.us/VendorWeb/vendorFAQs.asp.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT 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 its response. The SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Environmental Response Submission Compliance. In the event that paper submissions are required and, in an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all required paper responses that are submitted should comply with the following guidelines:

· All copies should be printed double sided.

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

· Unless necessary, all responses and copies should minimize or eliminate use of non-recyclable or non- reusable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

· Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

· Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their responses are made with recycled materials.

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Prompt Payment Discounts (PPD). All bidders responding to tl1is procurement 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. PPD benefits both Contractors and the Commonwealth. Service Providers benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because Contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller's Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS at https://www.commbuys.com/bso/.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, 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 use PPD offerings 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 or attached to the PPD form.

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

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

Restriction on the Use of the Commonwealth Seal. Bidders and Contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the department is required for any subcontracting on this contract.

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