MDOTFCS110.doc

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT)

HIGHWAY DIVISION

10 PARK PLAZA 7TH FLOOR

BOSTON, MA 02116

REQUEST FOR RESPONSES RFR # MDOTFCS110

FOR

SPECIAL LITTER BAGS

RESPONSES DUE NO LATER THAN 3:00 P.M. ON TUESDAY FEBUARY 12, 2016

Contact Person:

Ken Urato Massachusetts Department of Transportation

Highway Division Central Warehouse 668 South Avenue Weston, MA. 02493 Telephone: (781) 431-5751 Fax: (781) 431-5019 E-mail; ken.urato@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

1/15/2016 Deadline for Bidder Written Inquiries

1/22/2016 1:00 P.M Response to Written Inquiries (estimated) 1/27/2016

Bidder Response Due Date/Time

2/12/2016

Completion of Evaluations (estimated)

2/17/2015 Notification to Vendors (estimated)

2/22/2016 Effective Date of Contract (estimated)

2/23/2016 Bidders are encouraged to utilize the Commonwealth Commbuys for this RFR as well as future RFR’s.

For more information phone: 1-888-MA State (888-627-8283) E-mail: commbuys@state.ma.us.

DEADLINE FOR BIDDERS QUESTIONS

All written questions must be submitted by:

Friday January 22, 2016

At 1:00PM

E-mail to: ken.urato@state.ma.us

Written questions from Bidders must be submitted by January 22, 2016 at 1:00 P.M. written questions may be submitted via email to ken.urato@state.ma.us. Questions and answers will be published on COMMBUYS by January 27, 2016 (estimated). No questions will be taken over the phone. All questions received after the deadline time and date will go unanswered.

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

TECHNICAL SPECIFICATIONS

SECTION 11

RESPONSE SUBMITTAL REQUIREMENTS

ATTACHMENT A

BIDDER BID SHEET

ATTACHMENT B

RFR CHECKLIST SUBMISSION SHEET

ATTACHMENT C

BIDDER’S INFORMATION SHEET

ATTACHMENT D

BIDDER’S FEED BACK FORM

SECTION 1.00 - GENERAL RFR INFORMATION

RFR - Required Specifications for Commodities and Services

Revision Date:

October 9, 2015

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. 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 are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. 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.

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 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.

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-training-events-and-outreach/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 Strategic Sourcing Team or SST (formerly referred to as Procurement Management Team or 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 SST 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 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.

Electronic Communication/Update of Bidder’s/Contractor’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. 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 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 absolutely 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.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

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 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.

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 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 contractors.

SECTION 2.00 -- PROCUREMENT PURPOSE and SCOPE

2.10 Procurement Scope

This Request for Response (RFR) sets out the Specifications required by Massachusetts Department of Transportation and other Commonwealth entities.

Unit bid prices may be submitted for as many line items in this RFR as the bidder may select. All bidders are required to use the attached Bid Cost Sheet.

Prior to the contract award for the required Litter Bags is given, contractors may be required to present evidence to MassDOT that they have the necessary equipment, storage facilities, experience, ability, and capital to furnish the required materials in the manner prescribed and to perform the required work satisfactorily.

SECTION 3.00 -- ACQUISITION METHOD

This is an Outright Purchase contract. Eligible Users of the contract will be responsible for ordering, procuring and paying for any materials purchased under this contract. MassDOT will only be responsible for those materials ordered by an agent of MassDOT. MassDOT shall not be responsible for materials ordered by any other purchaser, Authorities, Municipalities, Cities, Towns, Eligible Entities, etc.

SECTION 4.00 -- CONTRACT AWARD

4.10 Single Award / Multiple Vendors

MassDOT intends to make single award / multiple vendors for the furnishing and delivery of Litter Bags based on the evaluation criteria in this RFR. The Awarded Contractor(s) will be considered the sole supplier and will be responsible for supplying all Litter Bags ordered. Political Subdivisions (i.e. Cities, Towns, and Authorities) not specifically listed in the locations section within this RFR may purchase from any contract resulting from this RFR provided that the Contractor has an adequate supply of materials to fulfill the requirements of those Eligible Entities. If additional funds become available during the contract duration period, MassDOT reserves the right to execute contracts with contractors not selected in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need. All awards shall be at the discretion of the MassDOT based upon the best interest of MassDOT.

Winning bidder to whom orders have been directed by a Political Subdivision, State Agency, or the Department shall furnish & deliver all Litter Bags ordered and do all the work required in connection there within accordance with these specifications and the directions of the Engineer or the authorized representative of the Political Subdivision.

The contract shall be arranged so that State Agencies and Political Subdivisions using a list of unit prices from each awarded contractor can make purchases.

Unit prices established under any contract resulting from this RFR will be valid for all eligible entities and locations in each district.

4.20 Non-Compliance of Contractor to Furnish and Deliver supplies and accessories MassDOT reserves the right to supplement the furnishing and delivery of Litter Bags 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 furnishing and delivery of Litter Bags, The Awarded Contractor shall be responsible for any additional cost incurred and expense suffered by MassDOT as a result of its action.

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 MassDOT. 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 multiple awards in various product categories for the furnishing and delivery of Litter Bags to Bidders who are considered responsive based on the evaluation criteria in this RFR.

Any award(s) 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. The overall Evaluation Criteria is sealed and will not become public knowledge until after the contract has been awarded.

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 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.

· Mandatory Forms:

· Commonwealth Standard Contract Form (3 copies with original signatures)

· Commonwealth of Terms and Conditions

· W-9

· Bidders Bid Sheet

· Contractor Authorized Signature Verification Form

· Authorization for Electronic Fund Payment

· SDP

· Bidders Reference Form

· Prompt Pay Discount

· Desirables Forms:

· Solicitation Notification Service

· Bidders Feedback Form

· Environmental Plan

· Submission Checklist of all Mandatory Documents MassDOT will assign values prior to the opening of the bids. This information is contained in the Sealed Evaluation Criteria.

4.50 Prompt Pay Discount

Prompt Payment Discounts (PPD). 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.

Bidders Feedback Form In order for MassDOT and Bidders to work more effectively we would like all Bidders to provide comments on this solicitation experience.

Submission Checklist of all Mandatory Documents

All Bidders should complete, sign and submit all forms listed as Mandatory to be considered responsive under this RFR. Bidders may submit any additional information than that required in the RFR.

SECTION 5.00 -- ELIGIBLE USERS OF CONTRACT

Any contracts 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.

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 eight (8) years. The Initial Contract Duration shall be two (2) years from the Contract Effective Start Date plus three (3) options to renew of up to two (2) years each at the same terms and conditions. Awarded prices shall be firm for the entire Initial Contract Duration.

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. Any increases may not exceed the published PPI index at the time of the request. 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:

Ken Urato MassDOT Highway Division Central Warehouse 668 South Ave 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 Engineer. If at any time, the Engineer 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 if a bidder fails to furnish the required Litter Bags on 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 this contract will have total expenditures for the initial contract duration of approximately $500,000.00. 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 a contract(s) to furnish and deliver Litter Bags to MassDOT and other eligible entities that have chosen to participate under the RFR and Contract. MassDOT will function as the lead entity under this contract.

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. 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 jurisdiction also shall carry out the specific Commonwealth functions and duties described in this contract. In general, the Eligible Entities shall handle and resolve matters affecting their specific entity by directly communicating with the Awarded Contractor.

With respect to the 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 if it affects any or all Eligible Entities.

8.20 Performance of Work

Pursuant to 801 CMR 21.00, MassDOT is issuing this Request for Response (“RFR”) for the purchase, furnish and delivery of Litter Bags as required by MassDOT, including, but not limited to, the materials listed in Attachment A “Bidder Bid Sheet” of this RFR. MassDOT reserves the right to purchase products similar to those included in Attachment A of this RFR. All products and their equivalent must conform to the specifications set forth in the Commonwealth of Massachusetts Standard Specifications. Price lists stated within a contract and any available price discounts must be firm for the initial duration of a contract. The Awarded Contractors must deliver products within Ten (10) business days after receipt of an order, unless Contractor agrees to notify the appropriate MassDOT contact person within 24 hours of any unavailable item(s) and the expected delivery date. In addition, MassDOT has the right to reject products delivered late. Product delivery is to be made via Contractor's vehicles. 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.

The bidder shall provide all such facilities as the Engineer 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 Engineer may give instruction as necessary.

All stockpile materials shall have satisfactory workability and setting qualities at the time of delivery. Any material deemed unsatisfactory by the Engineer, shall be or removed and replaced by the bidder at no extra cost to the Purchasing Entity.

The Contractor shall provide an Account Manager and Regional Representative. The Contract Manager who shall be responsible for the oversight and management of this contract performance will 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 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 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.

If, at any time, satisfactory performance has not been made by the Contractor, it shall be notified in writing by the purchaser to increase the quantity of Litter Bags and/or efforts to such an extent as may be deemed necessary by the purchaser. If, at any time, the purchaser is of the opinion that the work or any part thereof is unnecessarily or unreasonably delayed, or if a Contractor fails to furnish and deliver Litter Bags on order, or has violated any of the provisions of these Specifications, the purchaser may notify the Contractor in writing to cancel and discontinue deliveries.

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 Initial Orders and Delivery Requirements

After all initial orders have been delivered; additional furnishing and delivery of Litter Bags will be reordered as required. The Contractor must start deliveries of these orders within three (3) business days after receipt of shipping instructions and must complete delivery within ten (10) business days unless prior arrangements have been negotiated with the purchasing entity.

Deliveries to locations will only be accepted Monday through Friday, excluding State and local Holidays, between the hours of 7:30 A.M. and 2:30 P.M. unless prior arrangements have been made with the purchasing entity.

The purchasing entity must be notified at least twenty-four hours in advance of all deliveries so that he can schedule receiving operations, or delivery may be rejected.

UNDER NO CIRCUMSTANCES SHALL DELIVERED PRODUCTS EXCEED THE TOTAL PRODUCTS SHOWN ON THE DEPARTMENT/ELIGIBLE ENTITIES PURCHASE ORDER. The Contractor shall bear the full responsibility for any additional materials shipped above the amount shown on the Payment Voucher and shall not receive payment for it.

The Contractor shall be responsible for the furnishing and delivery of Litter Bags and for all shipping charges that may be incurred. Products that do not conform to the specifications or are not in good condition upon receipt shall be replaced promptly by the contractor.

The products shall be delivered by truck unless otherwise specified by the procuring department. Deliveries shall start within 72 hours of request for delivery, unless otherwise agreed to by the Purchasing Entity. When the Litter Bags are shipped by truck directly to the storage area the Vendor shall be responsible for accidents and environmental hazards in connection with the delivery.

Prices will remain firm for the initial contract duration. In the event that the contract is extended, contract renewal prices may be negotiated as described in Section 6.20.

8.60 Payment

Invoices submitted by the Contractor shall be for the entire delivered quantity of a Payment Voucher less only the reasonable differential occasioned by the Contractor’s shipping facilities. No partial invoices against a total purchase order will be processed.

Invoices must be presented for payment within 10 business days after final delivery of the quantity shown on the Payment Voucher and acceptance thereof by the Commonwealth.

MassDOT will only be responsible for materials ordered by an agent of the MassDOT. The Commonwealth shall not be responsible for materials ordered by any other purchaser, Authorities, Municipalities, Cities, Towns, etc.

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 Bidders.

8.80 Warranties, Repairs and Maintenance

· All Litter Bags must meet standard manufacturer’s warranties.

· It is desirable for an annual inspection.

SECTION 9.00 - BUSINESS SPECIFICATIONS

Pursuant to 801 CMR 21.00, MassDOT is hereby issuing a Request for Response (“RFR”) for the purchase and Litter Bags: as required by MassDOT including, but not limited to, the materials listed in Section 9- “Specifications” and Attachment A-“Bidder Bid Sheet” of this RFR. In other words, MassDOT reserves the right to purchase materials similar to those included in Attachment A of this RFR which may complement or supplement the materials listed in these RFR sections ( i.e., add-ons, accessories, other products not listed in Attachment A due to MassDOT oversight, etc.) without rebidding this procurement. All materials and their equivalent must conform to the specifications set forth in MassDOT’s Standard Specifications. From time to time MassDOT may require Vendor to supply to MassDOT a sample of the material/s for testing in order to ensure conformance with the Standard Specifications.

Price lists stated within a contract and any available price discounts must be firm for the duration of a contract. Any new products which become available during the life of a contract will be included at the same awarded discounts. Vendor agrees to supply MassDOT with a copy of its catalog at no cost to MassDOT.

Vendor must deliver materials within thirty (30) business days after receipt of an order, unless otherwise stipulated by MassDOT. Vendor agrees to notify the appropriate MassDOT contact person within 24 to 48 hours of any unavailable item(s) and the expected delivery date. In addition MassDOT has the right to reject items delivered late. Product delivery is to be made via Vendor’s vehicles, common carrier or standard parcel carrier (similar to UPS) at no cost to MassDOT. Express deliveries will be mutually agreed upon and charged to MassDOT at cost with supporting documentation. Product delivery and liability remains with the Vendor until the products are properly delivered and signed for by MassDOT.

9.10 DESCRIPTION

Specifications on Descriptions Pursuant to 801 CMR 21.00, the Massachusetts Highway Department is hereby issuing a Request for Response (“RFR”) for the purchase and delivery of litter bags as required by MassDOT. All litter bags must conform to the specifications set forth in MassDOT Standard Specifications. From time to time MassDOT may require Vendor to supply MassDOT a sample of the materials for testing in order to ensure conformance to the Standard Specifications.

Vendor must deliver the cases on pallets to the delivery site.

Cases must be strong enough to hold the weight of the bags. Broken case will not be accepted.

Vendor agrees to notify MassDOT 24 hours before the expected delivery date.

In addition, MassDOT has the right to reject items delivered late. Product delivery is to be made via Vendor’s vehicles, common carrier or standard parcel carrier (similar to UPS) at no cost to the Commonwealth. Product delivery and liability remains with the Vendor until the products are properly delivered and signed for by MassDOT.

Vendor will have one contact person for our department when calling for ordering or information and would like to see a toll free phone number.

Vendor MUST sell to MassDOT at the lowest price possible.

No…