Meter RFR 2018~1.doc

The Commonwealth of Massachusetts

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

DEPARTMENT OF FIRE SERVICES

P.O. BOX 1025 - 1 STATE ROAD, STOW, MA 01775

Request for Response (RFR)

Hazardous Materials Detection Meters:

Equipment, Accessories and Parts Repairs, Maintenance, Calibrations, Upgrades and Training

COMMBUYS Bid#: BD-19744 DFS Number: # DFS-Meters-2018

Responses are due by 3:00 PM on November 7, 2017

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SECTION 1: DESCRIPTION OF PROCUREMENT

The Department of Fire Services (DFS) is an agency within state government, with headquarters in Stow, MA and a campus in Springfield, MA. DFS is responsible for fire service training and overall coordination and response to Hazardous Materials incidents within the Commonwealth. It is the intention of DFS and the Hazardous Materials Unit, to contract with multiple vendors for the purchase of various hazardous materials meters, monitoring devices (whether existing products or new products), and their accessories/parts which are not currently covered under a statewide contract. This RFR will also cover repair services, maintenance, calibrations, upgrades, training and technical support which are not currently covered under a statewide contract. As this type of product is dynamic and during the life of the contract will have the potential to change with technological advances, bidders awarded a contract are expected to add and delete items at the existing discount levels for which their award is for. The intent of this contract is to establish a list of pre-qualified vendors to provide these types of products along with any services necessary to keep the products in good working order.

Contracts signed as a result of this solicitation are not intended to supersede any statewide contract, including FIR04 and HLS05, or any successor contract.

SECTION 2: ACQUISITION METHOD

X Outright purchase and

X Fee for Service

SECTION 3: REQUEST FOR SINGLE OR MULTIPLE VENDORS

X Multiple Vendors Section 3.1: Open Enrollment - Adding Vendors after Initial Award If, over the life of the contract, the Department of Fire Services determines that additional vendors should be added, this solicitation may be reopened to obtain additional bids.

SECTION 4: ELIGIBLE USERS

X This contract is restricted for use by the Department of Fire Services, The City of Somerville and any other agency under the Executive Office of Public Safety and Security (EOPSS). DFS reserves the right to add additional users of the contract in the future.

SECTION 5: ANTICIPATED DURATION OF CONTRACT, INCLUDING RENEWALS

The duration of any contract(s) resulting from this RFR shall be two years, plus two options to renew of two years each. The total maximum contract term is six years.

Section 5.1 Performance and Payment Time Frames Which Exceed Contract Duration The delivery of products or completion of service may be made for a period of up to 90 days after the ending date of the contract provided that the purchasing entity has placed its order prior to the ending date of the contract. No new Purchase Orders may be placed after the contract has expired.

SECTION 6: ANTICIPATED EXPENDITURES AND COMPENSATION STRUCTURES

Section 6.1 Anticipated Expenditures Based on the average spending over the last three years, it is anticipated that an average of $300,000 may be spent annually. The Department of Fire Services 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. All purchases will be on an as-needed basis and based upon available funding. DFS will provide a unique purchase order for each order and will not honor any orders placed without a valid purchase order. DFS reserves the right to reject any and all proposals or any portion of the proposals submitted if it is in the best interest of the Commonwealth to do so.

*There is a possibility that Federal funds (acquired through grant applications) may be used for this purchase, and that they may also be used for purchases during the renewal periods. The use of federal funds for purchases will be determined at the time of acquisition.

Section 6.2: Compensation Structures.

The contract will have multiple pricing structures which shall be firm for the initial contract period and for each subsequent contract term.

· Products: A unit based rate structure with a firm fixed unit cost with a percentage discount off the lowest current manufacturers’ published list price for products. This discount will be identified on the Bidder’s Response Form. Product pricing may be provided through a quote process. Shipping charges will not be allowed. The only exception where shipping will be allowed is a specific request from DFS for rush shipping which must be documented.

· Calibrations: Calibrations will be a flat rate fee provided on the pricing sheet and will be firm for the two-year contract term. All calibrations must include a certification.

· Repairs/Upgrades: Repairs (including diagnosis/troubleshooting) and upgrades may be quoted on a time and materials basis at the hourly rate indicated on the Bidder’s Response Form or as a flat rate fee (lump sum price) to be quoted at time of need. All repairs/upgrades must include a certification.

· Training: Training on any new purchases must be included in the purchase cost and must occur within the fiscal year of purchase. After market training for new employees may be quoted at time of need with a flat rate fee (lump sum price) or based on an hourly rate indicated on the Bidder’s Response Form. Vendor may not invoice for training until the training has been completed.

· Technical Support: While free technical support over the phone is highly desired, please indicate if there is any charge for this service on the Bidder’s Response Form.

A written quote shall be provided prior to purchase, if requested. If the purchase contains multiple compensation structures, the quote must be itemized. Shipping, restocking fees and travel charges will not be allowed. Prices are F.O.B. to any Department of Fire Services location, with all freight, delivery and destination charges paid by the bidder. The only exception where shipping will be allowed is a specific request from DFS for rush shipping which must be documented. A purchase order is required prior to any services being performed, or products being shipped or picked up. Pre-payments prior to delivery or completion of a service are not allowed. The invoice shall include but not be limited to the date of delivery/service, DFS purchase order number, list of all parts purchased, services performed, pricing and invoice number.

Section 6.3: Contract Extensions and/or Price Increase. Upon exercising an option to renew, the vendor may propose a price increase. DFS reserves the right to request additional information on the proposed price increase and may approve, decline or further negotiate the proposed price increase. Price increase requests MUST be submitted on the vendor’s letterhead at the time of contract renewal and MUST include the following:

· new proposed manufacturer’ published list price for parts and/or new proposed discount rate

· reason for the requested change

· documentation supporting the reason for the requested change

SECTION 7: MA STANDARDIZED CONTRACT SPECIFICATIONS

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 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: 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:

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

· Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

Alternatives. A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated RFR specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications.

The department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

Best Value Selection and Negotiation. The Strategic Sourcing Team or SST 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.

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.

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.

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.

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.

Performance and Payment Time Frames Which Continue Beyond the Duration of the Contract.

All term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main contract.

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, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, 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.

Information Technology. All IT systems and applications developed by, or for Executive department agencies or operating within the Massachusetts Access to Government Network (MAGNet), must conform with the Enterprise Information Technology Policies, Standards and Procedures promulgated by the Commonwealth’s CIO. Non-conforming IT systems cannot be deployed unless the purchasing agency and their contractor have jointly applied for and received in writing from the Commonwealth’s CIO or his designee, notice that a specified deviation will be permitted. The Enterprise Information Technology Policies & Standards, with the exception of the Enterprise Public Access Policy For e-Government Applications and the Enterprise Public Access For e-Government Applications Standards, are available at mass.gov/itd. The Enterprise Public Access Policy For e-Government Applications and the Enterprise Public Access For e-Government Applications Standards are available in hard copy from the purchasing agency. Purchasing agencies may also obtain a current copy of these documents, on behalf of their contractor, by contacting the Information Technology Division's CommonHelp group at commhelp@state.ma.us or 1 (866) 888-2808.

Please Note: Given the pace of information technology innovation, purchasing agencies and their contractors are encouraged to contact the Information Technology Division's CommonHelp group at commhelp@state.ma.us or 1 (866) 888-2808 to signal a system or application design and development initiative. Such advance notice helps to ensure conformance with the relevant Enterprise Technology Policies, Standards and Procedures.

Contractor delivery of IT systems and applications that fail to conform to the Commonwealth’s Enterprise Information Technology Policies, Standards and Procedures, absent the Commonwealth CIO’s grant of written permission for a deviation, shall constitute breach of any contract entered as a result of this Request for Response and any subsequent Request for Quotes. The Commonwealth may choose to require the contractor, at his own cost, to re-engineer the non-conforming system for the purpose of bringing it into compliance with Commonwealth Enterprise Information Technology Policies, Standards and Procedures.

Information Technology - Clarification of Language in Section 11, Indemnification of the Commonwealth Terms and Conditions. Required for the following object codes within the “Expenditure Classification Handbook” as issued by the Office of the Comptroller:

Pursuant to Section 11. Indemnification of the Commonwealth Terms and Conditions, the term “other damages” shall include, but shall not be limited to, the reasonable costs the Commonwealth incurs to repair, return, replace or seek cover (purchase of comparable substitute commodities and services) under a contract. “Other damages” shall not include damages to the Commonwealth as a result of third party claims, provided, however, that the foregoing in no way limits the Commonwealth’s right of recovery for personal injury or property damages or patent and copyright infringement under Section 11 nor the Commonwealth’s ability to join the contractor as a third party defendant. Further, the term “other damages” shall not include, and in no event shall the contractor be liable for, damages for the Commonwealth’s use of contractor provided products or services, loss of Commonwealth records, or data (or other intangible property), loss of use of equipment, lost revenue, lost savings or lost profits of the Commonwealth. In no event shall “other damages” exceed the greater of $100,000, or two times the value of the product or service (as defined in the contract scope of work) that is the subject of the claim. Section 11 sets forth the contractor’s entire liability under a contract. Nothing in this section shall limit the Commonwealth’s ability to negotiate higher limitations of liability in a particular contract, provided that any such limitation must specifically reference Section 11 of the Commonwealth Terms and Conditions.

SECTION 8: PERFORMANCE AND CONTRACT SPECIFICATIONS

The intent of this contract is for the purchase of products, parts and accessories (not currently covered under a statewide contract) for Hazardous Materials Detection Meters and Monitoring Devices along with repairs, maintenance, calibrations, upgrades, training and technical support on an as needed basis. A current listing of all DFS meters is attached for reference. New products may be added to the contract at any time.

Contracts will be awarded to the vendors who are qualified to provide the requested products and submits all required documents. DFS will seek the best quality for the best and lowest price.

Section 8.1. Qualifications. Each bidder must supply a list of three (3) companies/departments in which similar items have been furnished. The business reference list shall state the company/department name, a contact name of person employed by the owner who has personal knowledge of the bidder’s contractual and technical performance. The Commonwealth reserves the right to disqualify any bidder unable to document its track record, or whose references indicate an unacceptable record, or if a reference is not obtainable from a listed reference after reasonable attempts.

Bidder must be an authorized distributor of the products being sold.

Bidders performing service work, must be a manufacturer certified technician. Bidders must provide proof of their employees’ certification with their bid response.

Bidder must submit a brief company history. This narrative should include owner/employee background, number of years selling monitoring devices/meters, the background of the years providing repair and calibration services along with whether repairs and/or calibrations are performed in-house or subcontracted out.

It is preferred that the Bidder be in business for five (5) or more years. Any additional years of business should be documented in Bidder’s Response Form. DFS is cognizant of the fact that new businesses may be started to sell newly developed products in this field of detection and monitoring of hazardous conditions. Background information must be provide per the previous paragraph (Company History) for the owner/employees of any newly developed company.

Before awarding the bid, the DFS reserves the right to require a bidder to submit any additional evidence of its qualifications, as it may deem necessary.

Section 8.2: Products and Service Specifications. This RFR will cover the purchase of equipment, accessories, parts, supplies and service on all makes and models of Radiation Detection & Measurement Meters/Systems, Chemical Detection & Analysis Meters/Systems, Biological Detection & Screening Meters/Systems, Sample Collection Meters & Supplies, Chemical Warfare & Toxic Industrial Chemicals, Toxic Industrial Materials Detection & Metering, Colorimetric Detection Devices, Raman & FTIR Detection Devices, etc. DFS reserves the right to request additional products as they become available. Attached is a current DFS meter list. Upon request by DFS, Bidder must submit technical specifications of any requested equipment being purchased.

· Products. All pricing will be the lowest offered to any organization within the Commonwealth of Massachusetts. The most current price list or catalog must be furnished with the bid or provided via a website link. Bidders must indicate on the Bidder’s Response Sheet if they provide a percentage discount off the current price list for products. The discount should be a minimum discount. Additional discounts may be negotiated between the Department of Fire Services and the vendor for large volume orders or for other purchases where discounts may be appropriate. Shipping charges will not be allowed. The only exception where shipping will be allowed is a specific request from DFS for rush shipping which must be documented. Training on any new meters must be included in the purchase cost.

· Calibrations. Calibrations will be offered with a flat rate fee (lump sum price) per unit being calibrated. Pricing shall be listed on the Bidder’s Response Sheet and shall be held firm for each two-year contract term. Certification of the equipment must be included. DFS must be notified immediately if a repair (including battery replacement) is needed and a quote must be provided prior to repair work being completed. DFS must pre-approve all repairs (including battery replacements) or DFS will not be responsible for the repair costs. DFS will not be responsible for repairs done without a valid Purchase Order.

· Repairs/Upgrades. All service, whether it be repairs, maintenance or upgrades can be priced at an hourly rate for the requested service or a lump sum price obtained via a quote request. Services may take place on site (at DFS Stow or Springfield Campus) or at bidders location. All upgrades, service and maintenance will require a written estimate prior to work being done for each occurrence. No work shall be authorized unless a Purchase Order has been issued in advance by DFS. Certification of the equipment must be included on all repaired meters. DFS will not be responsible for repairs done without a valid Purchase Order.

· Training and Technical Support. The awarded vendor must be capable of providing recommendations from the manufacturer on the care and maintenance of any purchases along with the training of DFS employees on the proper use and maintenance/service of the meters. It is highly desired that the vendor is capable of providing technical support over the phone. A phone number should be provided on the Bidder’s Response Form.

· Training on any new purchases must be included in the purchase cost and must occur within the fiscal year of the purchase. After market training may be quoted on a time and materials basis at the hourly rate indicated on the Bidder’s Response Form or as a lump sum project. DFS will determine the compensation structure that is in the best interest of the Commonwealth. The type of training will be negotiated at time of need. (i.e. CD’s, webinars, in-person on-site/off-site training) Vendor may not invoice for training until the training has been completed.

· While free technical support over the phone is highly desired, please indicate if there is any charge for this service on the Bidder’s Response Form.

Bidder will provide a quote upon request from DFS. If the purchase contains multiple compensation structures, the quote must be itemized. A purchase order will be provided prior to delivery of any products or services.

Section 8.3 Quotes. Quotes must be itemized with information regarding pricing for the product and any accessories, detailed warranty information including length/dates, detailed extended warranty information including length/dates, detailed license information including the length/dates, detailed support information including length/dates along with any other pertinent information of the purchase.

Section 8.4 Return Policy.

It is desirable that the bidder offer, at a minimum, a 30-day return policy regardless of reason, as long as the product is in its original packaging and not damaged due to negligence or maliciousness. Any exception to this return policy should be noted on the Bidder’s Response Sheet. Awarded contractors may not charge a restocking fee on returns.

Section 8.5 Information Required at Delivery: Bidder must at the time of delivery, provide an operational manual or CD on all products purchased, maintenance requirements, warranty documentation, training dates, etc. An itemized packing slip must accompany all deliveries.

Section 8.6 Delivery Specifications.

Shipping charges will not be allowed. The only exception where shipping will be allowed is a specific request from DFS for rush shipping which must be documented. All deliveries shall take place Monday through Friday, excluding legal holidays, between 9:00 A.M. and 3:00 P.M. All items shall be given a general inspection for material, workmanship, and compliance against specifications prior to acceptance. An itemized packing slip shall be included with each shipment whether picked up or delivered. On it shall include but not be limited to: the date, DFS purchase order number, and a list of the status of all items on the original order.

Section 8.7 Training Requirements: Any new meters purchased that require training shall be done at a mutually agreeable time and location within the Commonwealth of Massachusetts at no cost to the Department of Fire Services. Training must occur within the fiscal year of the purchase. Vendor may not invoice for training until the training has been completed. After market training for new employees must be available if requested. Vendor may charge for after-market training per the pricing on the Bidder’s Response Form.

Section 8.8 Warranty Requirements. It is desirable that the bidder offer, at a minimum, a twelve-month full warranty on any new meters. Any exception to this warranty clause should be noted on Bidder’s Response Sheet. Further, any warranty offered above and beyond that previously mentioned should be noted in the bidder’s response. Bidders should also provide, in their response, detailed information on their warranty for service performed. All repair services must be performed by factory/manufacturer certified technicians and all repair parts must be warranted for a minimum of 1 year as noted on the Bidder’s Response Sheet. Warranty documentation must be provided with all meter purchases.

Section 8.9 Payment Specifications. Proposals requiring any payment prior to delivery will not be acceptable. Invoices shall include but not be limited to the date of service or delivery, the DFS purchase order number, list of all items, pricing and invoice number. The Commonwealth of Massachusetts is tax exempt. The exempt number shall be provided once the contract is awarded. Any shipment not being high quality, damaged or defective in any way will be returned to the vendor at the vendors’ expense. All payments shall be made in accordance with the State’s Comptroller’s payment policy. A copy of this policy can be found at www.mass.gov/osc. An accelerated payment schedule is available to vendors by offering a prompt pay discount. EFT payments are mandatory per Section 7.

Section 8.10 Brand Name or Equal: Unless otherwise specified in this Solicitation, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Solicitation 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.

Section 8.11 Supplier Diversity Program Requirements. Massachusetts Executive Order 390 established a policy to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). Massachusetts Executive Order 546 added Service-Disabled Veteran Owned Business Enterprises (SDVOBE) to this policy. Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Bidders will be required to commit to a Supplier Diversity Plan as part of their bid response for evaluation for all large procurements valued over $150,000.

The Department of Fire Services will require bidders to make a commitment to partner with a certified Supplier Diversity partner or partners. Bidders must submit a Supplier Diversity Program (SDP) Plan Commitment – SDP Plan Form #1 with their bid submission. Bidders must commit to a percentage of sales derived from this contract to be spent with an SDP partner. It is preferred that Bidders also submit SDP Plan Form #2 with their bid submission naming their SDP partner.

Once an SDP Plan is submitted, negotiated and approved, the Department of Fire Services will then monitor the contractor’s performance. A Supplier Diversity Program (SDP) Spending Report, SDP Plan Form #3 will be required to be submitted semi-annually in January and July of each contract year.

SECTION 9: INSTRUCTIONS FOR SUBMISSION OF RESPONSES

Section 9.1 Bidder Communication A Bidders Conference will NOT be offered. Questions can be addressed to Nancy FitzGerald at 978-567-3147 or nancy.fitzgerald@state.ma.us. Bidders are prohibited from communicating with any other employee of the Department of Fire Services.

Section 9.2 Submission Materials Each bid shall be accompanied by all items referenced in Section 12: Form Submissions. In case of any doubt or difference of opinions as to the items to be furnished herein, the decision of DFS shall be final and binding on both parties.

Section 9.3 Submission Format

Responses must be submitted electronically through the CommBuys system. An original, ink signature response package will be required at award.

Section 9.4 Special Instructions for CommBuys Quote Submission All forms required for bid submission (see Section 12) can be downloaded from the Attachment Tab of the bid in CommBuys. Once the forms are completed and signed, these forms, along with any other required documentation, can be uploaded as a single attachment or as multiple attachments in CommBuys and submitted as your bid response (Quote). Bidders must uncheck the “no bid” box under the Items Tab in order to submit a valid quote (bid response).

The CommBuys Help Desk can be contacted at 888-627-8283 or commbuys@state.ma.us for assistance in submitting your bid response. The help desk can take up to two (2) days to respond to help tickets. Job aids with step by step instructions are available for sellers on the CommBuys homepage.

SECTION 10: DEADLINE FOR RESPONSES AND PROCUREMENT CALENDAR

Section 10.1 Deadline Responses must be submitted via an online submission through CommBuys. Please be sure to attach all documents listed in Section 12 to your bid response (quote) and “submit” your quote.

Section 10.2 Procurement Calendar RFR Posted in CommBuys

October 17, 2017

Deadline for Submission of Responses

November 7, 2017 @ 3:00pm Evaluations of Responses completed (estimated) December, 2017 Contract Start Date

January 22, 2018

SECTION 11: EVALUATION CRITERIA

Through a point value system, bidder’s submissions will receive points based on the mandatory and desirable requirements stated within the RFR. Final scores will offer the procurement team a basis for issuing this contract.

Bidders are strongly encouraged to review the evaluation scorecard that has been posted with this RFR. The scorecard includes criteria that will be used to screen proposals as eligible or ineligible based on mandatory requirements listed throughout the RFR. Proposals that are deemed ineligible will NOT be presented to the procurement team for further evaluation.

The following criteria will be evaluated for award consideration:

· Experience/Qualifications

· Business References

· Company History

· Pricing

· Warranty

· Availability of Certified Technicians

· SDP Commitment Level

SECTION 12: FORM SUBMISSIONS

Forms Required at Bid Response:

· Bidder’s Response Form

· Company narrative

· Employee proof of certification

· Business Reference Form

· Contractor Authorized Signatory Form

· Prompt Pay Discount Form

· Non-Collusion Certificate Form

· SDP Plan Form #1 and #2 Upon award, each bidder must submit (if not already on file with the Commonwealth)

· Commonwealth Standard Contract Form

· W9

· Commonwealth Terms and Conditions

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