MassDOTRFRtreadles_Amendment1.doc

HIGHWAY DIVISION

668 SOUTH AVENUE

WESTON, MA 02493

Request for Response (RFR)

DOCUMENT TITLE: Treadles COMMBUYS Bid#: BD-15-1030-0H100-0H119-00000004568 Agency Document Number: MDOTBOSTON-TR Contact Person:

Tom Stein Federal Procurement Officer

Massachusetts Department of Transportation

10 Park Plaza, Room 5510

Boston, MA 02116

Phone: (857) 368-9141

Tom.stein@state.ma.us

PROCUREMENT CALENDAR

The Massachusetts Department of Transportation, Highway division (MassDOT) for the Commonwealth of Massachusetts hereby solicits proposals that will result in a Contract. The schedule of events for this solicitation, subject to amendment by the MassDOT is:

EVENT

DATE

TIME

Release of RFR

6/25/2015 3:00 PM EST

Deadline for Bidder Written Inquiries

7/08/2015

3:00 PM EST

Response to Written Inquiries (estimated)

7/15/2015 3:00 PM EST

Bid Response Due Date/Time (bid opening) 7/29/2015

3:00 PM EST

Completion of Evaluations (estimated)

8/06/2015

Notification to Vendors (estimated)

8/13/2015 Effective Date of Contract (estimated)

8/27/2015 Bidders are required to utilize the Commonwealth E-Procurement System (Commbuys) for this RFR as well as future RFR’s.

TABLE OF CONTENTS

SECTION 1:

GENERAL RFR INFORMATION

SECTION 2:

PURPOSE & SCOPE

SECTION 3:

ACQUISITION METHOD

SECTION 4:

CONTRACT AWARD

SECTION 5:

ELIGIBLE USERS OF CONTRACT

SECTION 6:

CONTRACT TERM WITH OPTIONS TO RENEW

SECTION 7: TOTAL ANTICIPATED EXPENDITURES

SECTION 8:

PERFORMANCE AND CONTRACT SPECIFICATIONS

SECTION 9:

BUSINESS SPECIFICATIONS

SECTION 10:

PERFORMANCE & TECHNICAL SPECIFICATIONS

INCLUDING PRICING

SECTION 11:

RESPONSE SUBMITTAL REQUIREMENTS (includes

Evaluation criteria questions to be answered as part

Of bid)

SECTION 1.00 - GENERAL RFR INFORMATION

Issue Date:

February 1, 2015

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. 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.

Supplier Diversity Program (SDP): Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All Bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage Bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Operational Services Division’s SDO webpage at: www.mass.gov/sdo

· The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

Supplier Diversity Program Subcontracting Policies: In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

Best Value Selection and Negotiation. The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication: Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the PMT 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 Comm-PASS.

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 Registration: Bidders may elect to obtain a free COMMBUYS Seller registration 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 registration 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.

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.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information: It is the responsibility of the prospective bidder and awarded contractor to keep current 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 PMT, including requests for clarification. The PMT 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 PMT 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. Contractors are able to 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 (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

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 PMT 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 PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Environmental Response Submission Compliance: In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses 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 absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable 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 Bid Duration: Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply: The Commonwealth reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

Pricing: Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

Prompt Payment Discounts (PPD): All Bidders responding to this 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. Contractors 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.

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.

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.

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 PMT 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 purpose is prohibited by law.

Subcontracting Policies: Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractor.

Volume purchase discounts (VPD): A bidder may receive additional evaluation points if the bidder offers a volume purchase discount percentage (%) off based upon the total dollar size or a total quantity size for an order with one delivery location.

Estimated Provisions: The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels

Brand Name or Equal: Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

Emergency Standby Commodities and/or Services: Due to a declaration of a state of emergency where the safety and well being of Commonwealth citizens are at risk, the Commonwealth of Massachusetts may request specific commodities and/or services from its contractors. Contractors may be called upon to supply and/or deliver to the Commonwealth on a priority basis such commodities and/or services currently under contract.

Such accommodations may be requested from a contractor during an actual emergency. To accommodate such requests, contractors may be requested and must make every effort to service these requests from regular sources of supply at the rates set forth in any standard contract resulting from this RFR.

All requests, inquiries and bids must be submitted in English, with weights in tons and pounds and pricing in U.S. dollars SECTION 2.00 -- PROCUREMENT PURPOSE and SCOPE

2.10 Procurement Scope

This solicitation is in accordance with the Commonwealth of Massachusetts Regulations 801 CMR 21.00. The purpose of this solicitation is to establish and award a single contract for the furnishing and delivery of Treadles as required by MassDOT or any Department of the Commonwealth of Massachusetts.

SECTION 3.00 -- ACQUISITION METHOD

CONTRACT INFORMATION

1. Acquisition Method will be a purchase of product on an as needed basis.

2. Single or Multiple Awards.

3. This is a limited contract. Open for use under separate contract execution

4. Any other Agency of the Commonwealth or municipalities may prepare their own contract under this RFR, (utilizing the current pricing) but must Execute a separate contract that meets their own legal and business requirements.

5. Deliveries will be pre-paid and delivered to the Ordering Agency.

6. This contract will have no minimum order requirement.

7. 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.

SECTION 4.00 -- CONTRACT AWARD

4.10 Awards

MassDOT intends to make one or more awards for vendors to provide Treadles as required by MassDOT based on the evaluation criteria in this RFR.

4.20 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.

4.30 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.

4.40 Evaluation Criteria

MassDOT intends to make a single award for a contract to provide MassDOT with Treadles as required by MassDOT to Bidders who are considered responsive based on the evaluation criteria in this RFR.

Any award resulting from this RFR will be based on compliance with Technical and Business specifications set forth in this RFR document. Pricing will represent a certain percentage in the total evaluation of the responses to this RFR.

On any questions concerning interpretation of specifications, the acceptability and quality of products furnished and/or work performed, MassDOT shall have final and binding decision making authority.

A mandatory specification is one that must be met in order for a response to be considered responsive. Any response, which fails to meet a mandatory specification of this RFR, may be considered non-responsive and disqualified unless MassDOT, in its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, MassDOT may allow the bidder to make minor corrections to their technical and business response. No corrections will be allowed to bid pricing offered.

In the event of a TIE BID, MassDOT has at its discretion, the ability to make an award based on established criteria or based on the opinion of MassDOT as to who they think can best satisfy the terms on the contract. MassDOT will make an award for the most economical, reasonable source of acceptable service, supply and delivery. The specifics will be contained in the Sealed Evaluation Criteria. MassDOT reserves the right to execute contracts with contractors not selected in the initial selection process. (See Section 4.10) 4.50 Required Forms

· Mandatory:

· MassDOT Terms and Conditions

· Bidders Information Sheet (Bid Pricing per section 10.8 part D)

· Contractor Authorized Signature Verification Form (must be notarized)

· Business Reference Form

· Supplier Diversity Plan 1(SDP)

· Supplier Diversity Plan 2

· Prompt Pay Discount (see details below) Prompt Pay Discount

All bidders responding to this procurement must agree to participate 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. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Contractors who also participate in the Electronic Funds Transfer initiative will maximize their benefit by ensuring that funds are paid directly to their 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 offering form can be found on Comm-PASS under Forms and Information. Bidders must submit agreeable terms for Prompt Payment Discount offerings using the PPD offering form within their proposal, unless otherwise specified by the MassDOT. MassDOT 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 MassDOT 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 offering form. MassDOT will consider such requests on a case by case basis.

SECTION 5.00 -- ELIGIBLE USERS OF CONTRACT

Any contracts and pricing resulting from this RFR may be used by all departments of the Commonwealth, including all constitutional offices, the legislature, and the judiciary; cities, towns, municipalities, counties, and other political subdivisions of the Commonwealth, including schools, and other service districts; authorities, commissions, institutions of higher education, and quasi-public agencies, and Not for Profit contractors currently contracting with the Commonwealth to provide human and social services; and other eligible entities designated in writing by the State Purchasing Agent but MUST execute a separate contract that meets their own legal and business requirements.

SECTION 6.00 -- CONTRACT TERM WITH OPTIONS TO RENEW

6.10 Anticipated Duration of Contract

The Total Anticipated Duration of any contract resulting from this Request for Response (RFR) will be up to five (5) years. The Initial Contract Duration shall be for a 2 year period from the Contract Effective Start Date plus (3) options to renew for one 1 year each at the same terms and conditions. Awarded prices shall be firm for the entire Initial Contract Duration of 2 years.

6.20 Contract Renewal Prices

The contract prices for any renewal periods or term may be negotiated and shall be mutually agreed upon by MassDOT and Contractors. 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.. MassDOT reserve 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:

Tim Duggan MassDOT Highway Division

668 South Avenue Weston, MA 02493 Proposals for price adjustments must include, but are not limited to:

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

2. Copies of business publications, market quotations, or the trade journals generally recognized as representative of the trade or industry that indicate market trends for the Contract Commodities.

3. 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 the Commonwealth. 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.

6.30 Cancellation of Contract

MassDOT reserves the right to terminate contracts upon a thirty 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. Additional costs to MassDOT due to procurement and/or purchase from alternate sources shall be the liability of the Awarded Contractor.

6.40 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.

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.

SECTION 7.00 -- TOTAL ANTICIPATED EXPENDITURES

It is estimated that all contracts will have total sum expenditures for the initial contract duration of approximately$100,000.00. MassDOT makes no guarantee of any spending as a result of receiving an award for responding to this RFR.

SECTION 8.00 -- PERFORMANCE AND CONTRACT SPECIFICATIONS

8.10 Goals and Purpose

This RFR is for contract to supply Treadles to MassDOT. This will be a five year contract consisting of an initial 2 year period and 3 (1) year renewal options.

It is the general intent of this contract that MassDOT shall handle and resolve as they deem best any matters that directly affect the Commonwealth, as well as any matters that affect the contract as a whole with respect to any Area or Location. This shall include and not be limited to modification or termination of the contract with a contractor, or a contract breach by a contractor that affects any or all-Eligible Entities. The lead jurisdictions also shall carry out the specific functions and duties described in this contract.

With respect to types of matters not specifically addressed by other terms of this contract, MassDOT may, at its sole discretion, handle and resolve any dispute or problem concerning the contractor’s performance.

8.20 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.

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 information requests from the Contract Manager.

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

MassDOT and the Contract Manager may require the Contractor to relieve the Account Manager if in his/her opinion it appears that:

· The Account Manager does not support the contract requirements.

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

· Issues occur 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.

8.30 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.

8.40 Bidder's Liability

A. 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.

B. 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.

C. 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.

8.50 Payment

Invoices must be presented for payment within 10 business days after delivery of the product has been made.

8.70 Contract Flexibility

· 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 anytime, 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 Bidder.

SECTION 9.00 - BUSINESS SPECIFICATIONS

9.10 Years in Service

The Bidder must have been in the business of furnishing like products including service, for a minimum of at least 3 years preceding the RFR Response due date.

9.20 Bidder Client References

The Bidder must provide three (3) commercial or governmental client references, including name, address, contact person, telephone number, months and years of service, and a description of the goods and services that the Bidder provided to the 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. 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.

It is required that client references demonstrate the Bidder’s ability to furnish the materials and services of similar size, nature and complexity as that described in this RFR. If a Bidder receives an unfavorable reference recommendation it may result in a Bidder being disqualified from this RFR.

References will be called between the hours of 9:00 A.M. and 3:00 P.M. EST, Monday through Friday. References not available during this time frame may be rejected by MassDOT.

9.30 INSURANCE REQUIREMENTS

The Contractor shall purchase and maintain throughout the term of this Contract adequate insurance coverage, to include but not be limited to the following types and amounts of coverage:

a.) The following minimum insurance coverage is required:

i) Workers’ Compensation Insurance in compliance with applicable federal and state laws, and Employers Liability Insurance with limits of at least Five Hundred Thousand Dollars ($500,000) per occurrence.

ii) Automobile Liability Insurance covering owned, non-owned, and hired vehicles with combined limits for bodily injury and property damage of at least One Million Dollars ($1,000,000) per accident. The policy must be endorsed to include MassDOT as an additional insured.

iii) Commercial General Liability Insurance including contractual liability specifically covering this Agreement and products liability/completed operations coverage, written on an occurrence form, with combined limits for bodily injury, personal injury, and property damage of at least One Million Dollars ($1,000,000) per occurrence. The policy must be endorsed to include MassDot as an additional insured b.) All insurance maintained by the Contractor pursuant to this Contract shall be written by insurance companies licensed to do business in the Commonwealth of Massachusetts. If the Contractor determines that any such insurance needs to be placed with surplus lines carriers not licensed by the Commonwealth of Massachusetts, written permission from the Authority is required. All insurance companies to be used by the Contractor must have a Best’s Rating of not less than A- and be reasonably acceptable to MassDOT.

c.) If requested by MassDOT in writing, the Contractor will furnish certified copies of the aforementioned policies to MassDOT’s designated representative.

d.) All insurance maintained by the Contractor shall provide that insurance for the benefit of MassDOT shall be primary as it applies to damage or injury resulting from, or arising out of, or occurring in connection with the execution of the work performed by the Contractor, and MassDOT’s own insurance shall be non-contributing.

e.) The Contractor shall provide MassDOT with certificates of insurance evidencing the above-referenced insurance policies within ten (10) days of the execution of this Contract. The Contractor shall give MassDOT thirty (30) days prior written notice of cancellation, material change, or non-renewal of the coverage.

f.) The above insurance requirements shall also apply to any subcontractors, sub consultants, agents, or any other individual retained by the Contractor to perform the services and/or obligations under this Contract.

9.40 Environmental Initiatives/Environmental Plan

Beginning the first year of the contract and throughout the life of the contract, awarded Contractors must agree to work with MassDOT to examine the feasibility of implementing an environmental plan. Such a plan may include, but not be limited to, the following:

Main Facility Operations:

· Regular inspections of pollution control equipment by qualified company personnel, utilizing gas analyzer(s) to control combustion efficiency, etc.

· Disposing of the material collected by control devices in an environmentally sound manner.

· Improvements to the physical site of the facility resulting in improved air quality, including but not limited to grading, tree planting, planting of grass/shrubs and flowerbeds, paving facility truck access routes, parking and other areas to reduce dust.

· Utilizing Best Management Practices (BMP) to control rain run-off, dust control wash down, facility equipment wash down.

· Using one or more of the following on the vehicles owned, operated and/or serviced by the facility: environmentally preferable (e.g. non-petroleum-based, reduced toxicity) truck bed release agents, re-refined motor oil, recycled antifreeze, retread tires.

Auxiliary Operations:

· Using recycled content paper for marketing materials, order slips and other literature;

· Implementing a program for the collection and recycling of paper, packaging, and/or other materials generated at the facility and offices.

To be eligible to receive points in the evaluation, Bidders must complete Part 1, Environmental Initiatives Environmental Submittal Sheet, and attach documentation to serve as proof that some of the practices listed above are already in place.

Environmentally Preferable Product Alternatives

In the interest of promoting the purchase of recycled and other environmentally preferable products, bidders are encouraged (but are not required) to offer environmentally preferable alternatives to the products specified in the RFR.

Bidders offering environmentally preferable alternatives must complete Part 2, Environmentally Preferable Alternatives Environmental Submittal Sheet. In addition, Bidders must submit detailed product specifications, and complete storage and application information (e.g. materials used for manufacturing, period of time the product is useful after the container is opened, product shelf life in unopened container, product storage time in a stockpile, etc). It is desirable that Bidders submit product test results. MassDOT will review any environmentally preferable alternatives submitted. Any award resulting from such review will be limited to the specific product and application.

SECTION 10.00 -- PERFORMANCE and TECHNICAL SPECIFICATIONS

MassDOT is endeavoring to deliver the Best Value Contract to facilitate the needs of its customers. However, it is important to measure the Contractor’s performance to ensure the Contract is in compliance with what has been requested and what the Contractor has offered in this RFR. The Commonwealth recognizes it is important to establish a partnership with the Contractor, but the Commonwealth must put in place performance requirements to safeguard and ensure Contract performance. The following specific performance areas will be subject to measurement. Failure to sustain these levels may result in the Contractor being removed from this Contract or another non-Contractor being added to this Contract to ensure Contract compliance, whichever is in the best interests of the Commonwealth. Performance measurements will be reviewed and evaluated at each contract review period.

10.10 Customer Satisfaction

It is required that the Contractor maintains customer satisfaction in the following areas:

· Delivery of product will be as specified in this RFR.

· Product Support (including but not limited to providing price lists and brochures and technical information) will be maintained as specified in this RFR.

10.20 Report Compliance

The Contractor must supply any reports required by this RFR in an agreed upon format and in a timely manner. This will also include reporting on sub-contracting with M/WBE and non-M/WBE contractors.

10.30 Account Manager

MassDOT will monitor the performance of all Contractors (including the Account Managers) on an on going basis.

10.40 Acceptance of RFR Provisions

The Bidder must accept the provisions of this RFR in its entirety without modification. Anything less than unconditional acceptance may disqualify the Bidder’s Response to this RFR and be considered non-responsive, unless the alternatives proposed are deemed acceptable by MassDOT.

10.50 Contractor Performance Criteria

Each contractor’s performance will be evaluated on an ongoing basis and these evaluations will be utilized in determining whether or not to extend the contract.

The bidder shall provide all such facilities as the Contract Manager or his designee may deem necessary for him to inspect the materials, methods, and equipment used and shall notify the Department of his manufacturing schedules to enable proper inspection during production. Whenever the bidder is not present he shall appoint an authorized representative to whom the Contract Manager or his designee may give instruction as necessary.

10.60 Evaluation Criteria

Any award(s) resulting from this RFR will be based on compliance with the Business and Technical specifications, evaluation criteria and pricing put forth in this RFR document.

10.70 Evaluation and Award of Contract

· RFR responses will be evaluated and awarded based on “the Best Value to the Commonwealth”

· 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

MassDOT shall evaluate all Bidders' responses meeting the requirements of this RFR. Bids will be evaluated against the Evaluation Criteria, pricing and all requirements of this RFR.

10.80 SPECIFICATIONS & PRICING

Pursuant to 801 CMR 21.00, MassDOT is hereby issuing a Request for Response (“RFR”) for the purchase and delivery Treadles as required by MassDOT, including, but not limited to, the Materials listed in this RFR. In other words, MassDOT reserves the right to purchase Materials similar to those included in this RFR which may complement or supplement the materials listed in these RFR sections without re-bidding this procurement. All materials and their equivalent must conform to the specifications set forth in the Specifications.