MRO001 RFR V4 04.02.2025.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Floorcoverings and Accessories, Floorcovering Installation, Maintenance and Repairs

Agency Document Number: MRO001

COMMBUYS Bid: BD-18-1080-OSD03-SRC01-23584 – February 24, 2025

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at OSDHelpdesk@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

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.

Revision History

REQUEST FOR RESPONSE

MRO001

Floorcoverings and Accessories, Floorcovering Installation, Maintenance and Repairs

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

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the Floorcoverings and Accessories, Floorcovering Installation, Maintenance and Repairs Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of carpeting, hard surface flooring, related products and accessories, and installation, maintenance and repair. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace FAC98. The Contract will also be available for use by other Eligible Entities.

OSD is actively engaged in discussions to enhance environmental and climate preferable product offerings. The SST intends to attract Bidders and partner with vendors capable of providing a robust product catalog that includes environmental and climate preferable products. This includes products that assist the Commonwealth in achieving Net Zero emissions by 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. It includes products that improve energy and water efficiency, acceleration of the decarbonization of fuels, reduce toxicity, promote sustainable manufacturing, and make recycling of products and supplies easier to meet Executive Order 594 and the Green Communities Program.

This contract will also contain only products that meet or exceed the minimum mandatory specifications as outlined in Attachment A: MRO001 Mandatory Environmental Specifications and Desirable Environmental Criteria.

This contract includes the following two (2) categories that are product specific and one (1) category for service for a total number of three (3) categories on Statewide Contract MRO001:

· Category 1: Carpet Products

· Category 2: Hard Surface Flooring Products

· Category 3: Installation, Maintenance and Repair Services Introduction to Climate and Sustainability for Statewide Contracts The Commonwealth of Massachusetts is committed to prioritizing and promoting Environmentally Preferable Products and Services in state contracts with both vendors and buyers and collaborating with businesses that embrace sustainable practices in their facilities and operations. Climate is a priority of the Commonwealth and awarded vendors will be required to provide additional reporting related to their business practices.

The Operational Services Division (OSD) is mandated through 801 CMR 21.06 (4) (e) and EO515 to promote Climate and Environmentally Preferable Products and Services and sustainable business practices. In support of EO604, EO594, Senate Bill 9: An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy, and the Green Communities Act, and in its capacity as Massachusetts’ procurement agency, OSD plays a pivotal role in advancing climate-responsible purchasing. OSD is committed to partnering with our business community to offer more products and services that meet the goals of the Commonwealth.

To help OSD understand the climate and environmental practices, policies, and initiatives adopted by our Statewide Contractors, Bidders should make note of the enhanced RFR language in Section 4.6: Climate and Environmental Requirements. This section includes the following subsections:

CHANGES FROM THE PRECEDING CONTRACT FAC98

The SST has restructured the products provided under Floorcoverings and Accessories, Floorcovering Installation, Maintenance and Repairs to enhance existing product specifications, including climate change requirements and desirable specification. As such, MRO001 now includes Attachment A: MRO001 Mandatory Environmental Specifications and Desirable Environmental Criteria, which includes mandatory and desirable specifications for the categories. The MRO001 product offerings allow for the inclusion of all sustainability products and climate and sustainability specific key performance indicators for reporting. The contract category naming has changed from FAC to MRO prefix.

ESTIMATED PROCUREMENT CALENDAR

Registration Link:

Registration Link to Bidders Conference

Training for Online Submission –

Bidders that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training.

Dates and Times Available:

3/4/2025 1:00pm – 2:00pm EST

3/19/2025 1:00pm – 2pm EST

Online Webinar:

This interactive webcast provides instructions on several activities: Locating and responding to bids; Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

Late bids will not be considered.

Note: See 9.3 APPENDIX 2: Instructions for Vendors Responding to Bids Electronically through COMMBUYS for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://attendee.gototraining.com/957t1/catalog/894414649161911296?tz=America/New_York for additional Instructor-Led Training and Webinar dates.

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

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bid Amendment Deadline Although Bidders may submit quotes any time after the Bid Release Date and prior to the Bid Opening Date, Bidders should ensure that their quotes are based upon the final versions of the RFR and its attachments. Final versions of RFR and its attachments are available after the Bid Amendment Deadline date.

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept 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. At the SST’s discretion, the Bid Amendment Deadline may be extended. As stated above, it is the responsibility of the Bidder for checking the Bid record in COMMBUYS for revisions and updates.

Bidders Conference The Bidders Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information. All questions related to the scope and technical requirements should be submitted using the Bid Q and A module in COMMBUYS.

Attendance is optional, although strongly encouraged. Please refer to the Bidders Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time, and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

Anticipated Contract Duration:

The initial term of this Contract is five (5) years. There are no options to renew. The total maximum duration of this contract is (5) five years.

July 1, 2025 – June 30, 2030

Performance and payment time frames which exceed Contract duration 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), provided that no written agreement shall extend more than ninety (90) days beyond the final termination date of this Statewide Contract. No new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $19.6M. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts Eligible Entities for life-of-contract for FAC98, FY18 through FY25.

Estimated Number of Awards There is no maximum number of awards per category. The SST intends to issue awards to Bidders who meet the minimum RFR requirement for MRO001.

Adding Vendors after initial Contract Award OSD and the SST may determine during the life of this contract that additional vendors are necessary to meet Buyer’s needs and/or to obtain additional products or services. Additional vendors may first be drawn from qualified Bidders which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain Quotes from additional Bidders. Contract reopening will be offered at the sole discretion of OSD.

The SST also reserves the right to suspend the review of additional submissions for specific regions or close the Bid for new Quotes entirely if it deems that the number of vendors awarded at that point adequately meets the needs of Eligible Entities. If, subsequent to such a decision, the SST determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional quotes Acquisition Method(s):

Entities Eligible to Use the Resulting Contract Any Contract(s) resulting from this Bid will be open for use by the following entities:

· Cities, towns, districts, counties, and other political subdivisions

· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein

· Independent public authorities, commissions, and quasi-public agencies

· Local public libraries, public school districts and charter schools

· Public hospitals owned by the Commonwealth

· Public institutions of higher education

· Public purchasing cooperatives

· Non-profit organizations that are doing business with the Commonwealth;

· Other states and territories and their cities, towns, districts, counties, other political subdivisions, and public institutions of higher education with no prior approval by the State Purchasing Agent; and

· Other entities when designated in writing by the State Purchasing Agent.

Each Eligible Entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other Eligible Entities.

ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

The SST is soliciting Bidders for the acquisition of carpeting, hard surface flooring, related products and accessories, and installation, maintenance and repair, including the following scope by category:

· Category 1: Carpet products in this category includes carpet tile, broadloom, flocked, area rugs, mats, adhesives, and other related products and accessories

· Category 2: Hard Surface Flooring, products in this category includes resilient flooring (all types, including vinyl, linoleum, cork, rubber and vinyl only for repairs), ceramic tile, wood flooring (all types, including engineered wood flooring and solid wood (pre-finished or unfinished), bamboo, and cork), laminate flooring, stone, adhesives and other related products and accessories

· Category 3: Installation, maintenance, and repair services with a turn-key service option Bidders with Turn-Key Service must indicate this service option with bids.

Interested Bidders can submit responses for one or more categories.

Service only suppliers: In order to become an awarded vendor for flooring installation, maintenance and repair services under this contract; Bidders must submit bids for Category 3.

Product only suppliers: Bidders that only provide products for outright purchase should submit bids specific to Category 1 or Category 2. (both if applicable) Product AND Service suppliers: Bidders must submit bids for Category 1 or 2 (both if applicable) AND Category 3.

Bidder Qualifications Company Experience Business background A detailed narrative profile of the Bidder’s company (business) providing details must be submitted with the bid response in the Bidder Response Form, providing information such number of years in business including experience servicing any and all government accounts, number of employees as well as number of employees that are certified installers (if applicable).

Years in the industry of the Bid Bidders must have been in the business of providing product (Category 1 and Category 2) as well as services retailer and/or manufacturing (Category 3) for at least the three (3) most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.4, Estimated Procurement Calendar).

In the case of companies formed fewer than the three (3) most recent consecutive years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition or similar business transaction.

For Category 3, Bidders must have been a certified installer for the respective product retailer and or manufacturers for a minimum of the three (3) most recent consecutive years prior to the Bid Opening Date indicated on the MRO001 Bid record in COMMBUYS.

Employee and/or business technical/business experience, certifications, licenses Bidders must submit within their quote response all applicable company third-party certifications, licenses, and affiliations including, without limitation, OSHA, National Association of Floor Covering Technicians (NAFCT), International Certified Flooring Installers Association (ICFI), National Wood Flooring Association (NWFA) or applicable apprenticeship programs.

It is desirable that bidders provide technical assistance on their products to Eligible Entities beyond the requirements in Attachment A: MRO001 Mandatory Environmental Specifications and Desirable Environmental Criteria. Technical assistance includes customer service, support and training.

Continuity of Operations Plan (COOP) Bidders must indicate whether there is a written Continuity of Operations Plan (COO) that describes how the company will continue to do business in case of an emergency.

Emergency Response Capabilities In a declared state of emergency where the safety and wellbeing of the Commonwealth of Massachusetts citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide contract on a priority basis.

Bidders should include a list of the Bidder’s building location(s) that would be available to serve the Commonwealth during an emergency and a description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., entire State, Specific City or Region). This information will not be considered in the evaluation of the Quote.

Financial stability including bankruptcy, litigation and contract defaults Certificate of Good Standing Bidders must provide a Document of Tax Compliance (Certificate of Good Standing from the Department of Revenue). This is to certify compliance with all Commonwealth of Massachusetts tax laws, including MGL c62C, §49A. More information regarding these DOR documents is posted at https://www.mass.gov/info-details/faqs-dor-certificate-of-good-standing-or-corporate-tax-lien-waiver#what-is-a-certificate-of-good-standing-and/or-tax-compliance-and-do-i-need-one?

For out of state Bidders, if a certificate from DOR is not available, Bidder must provide documentation/ justification to be reviewed by the SST. The SST reserves the right to request additional information/clarification.

Bankruptcy, litigation, and contract defaults Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

References and reference information and/or requirements Bidders must submit three (3) letters of reference from business partners and complete the reference worksheet in the Bidders response form. Reference letters must be from less than five years old from the date of the bid submission.

Debarment Check A bid from a debarred or suspended contractor shall be rejected, as authorized by 801 CMR 21.06(10).

1.1 INSURANCE

The Contractor must take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage while performing services under this Contract. It is the Contractor's responsibility to ensure operations are always conducted in a safe and secure manner. The Contractor must promptly replace/repair, at the Eligible Entity’s sole discretion, any property damages incurred during performance in a good workmanlike manner, to such Eligible Entity’s satisfaction.

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L. c. 258 (which has the same effect). Therefore, providing this information should obviate the need for further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L. c. 29, § 30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring of its own property, a department may not insure property it does not own.

Eligible entities may incorporate additional insurance requirements in their Statement of Work for services under this contract.

1.2 INSURANCE REQUIREMENTS

Bidder(s) must submit the following insurance coverage listed below and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide certified copies of all insurance policies currently in place, including Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as identified below.

Upon request, prior to beginning work pursuant to this RFR, the Contractor must provide the Eligible Entity with certified copies of their insurance policies.

Upon request, prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide OSD or the Eligible Entity with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for Contractors as required under this RFR.

Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of a Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of a Contract.

Worker’s Compensation Insurance Bidder must provide a copy of their Worker’s Compensation Insurance coverage to confirm compliance with applicable state and federal employment laws and regulations, including but not limited to requirements stated by M.G.L. Chapter 152.

Comprehensive General Liability Insurance Bidders must maintain, during the life of a Contract and at their own expense (and acknowledge this requirement upon quote submission), comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage:

· bodily injury and death liability.

· personal injury liability (with no employee exclusion): Independent Contractor protective liability.

· broad form property damage (with X, C, and U coverage) and contractual liability.

This insurance would not contain care, custody and/or control exclusion. The policy must identify the following as an additional insured: the Commonwealth of Massachusetts and/or, as designated and agreed upon by purchasing Eligible Entity, the purchasing Eligible Entity. This insurance is for all coverage, for not less than the following policy limit: One million ($1,000,000) per each occurrence and one million ($1,000,000) aggregate.

Comprehensive Business Motor Vehicle Liability Insurance Bidders must maintain, during the life of a Contract and at their own expense (and acknowledge this requirement upon quote submission), comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible, including without limitation coverage for:

· bodily injury and death liability;

· property damage and any other hazard arising out of the ownership, maintenance or use of motor vehicles.

Coverage must be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Bidder may maintain its principal place of operation and/or staff or maintain personnel or equipment.

This insurance shall be written with respect to all coverage, for not less than the following policy limits: one million ($1,000,000) per each occurrence; one million ($1,000,000) aggregate.

Insurance Disclosures The General Liability and Business Motor Vehicle Insurance requirements to comply to this solicitation may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies should follow form, without exclusions or reductions in coverage over the primary liability insurance policy.

All policy limits for insurance coverage required by this solicitation should be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy and must state that the insurer is liable for payment of amounts within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

Commodity Specifications Statewide Contract MRO001 covers carpet and hard surface flooring, related products, accessories, and installation maintenance, and repair services.

Required Climate and Environmental Specifications Cat 1 and 2 Bidders must refer to Attachment A: MRO001 Mandatory Environmental Specifications and Desirable Environmental Criteria for required and desired environmental and health specifications, including, but not limited to, third-party environmental certifications and standards, identifying Environmental Product or Health Product Declarations, recycled content and recyclability of products, in addition to preferences for products with lower toxics.

Disclosure of Chemicals and Materials of Concern Bidders must disclose on the price sheet whether each product offered in the contract contains any of the following chemicals and materials of concern. It is desirable that Bidders offer products free from the chemicals and materials listed below.

1. Antimicrobials

2. Coal fly ash

3. Flame retardants

4. Fluorinated stain- resistant chemicals (e.g. per fluorinated chemicals (PFCs))

5. Formaldehyde

6. Lead

7. Mercury

8. Nanomaterials

9. Phthalates

10. Polyvinyl chloride (PVC) Bidders must disclose on the price sheet whether each product offered on the contract has a California Proposition 65 warning label notifying consumers that it contains a chemical known to the State of California to cause cancer, birth defects or other reproductive harm. Link to additional information - https://oehha.ca.gov/proposition-65 Bidders must disclose on the price sheet whether each product offered has an Environmental Product Declaration (EPD) Transparency and/or a Health Product Declaration (HPD) summary. An EPD is a comprehensive disclosure of a product’s lifecycle-based environmental impacts. If possible, the EPD should conform to industry standards such as ISO 14025, which was developed by the International Organization for Standardization (ISO). An HPD is a standardized and consistent format for reporting product contents and associated health information that uses the HPD Open-Source Standard. Products may be verified through the HPD Collaborative or via other third-party verification aggregators such as Ecomedes.

The SST reserves the right throughout the life of the contract to block products from the contract that contain chemicals or materials of concern.

Desirable Climate and Environmental Specifications

· Categories 1 & 2: It is desirable that vendors work with manufacturers that have takeback programs to recycle products at the end of life.

· Category 1 - it is desirable that the products have at least 30% post-consumer recycled content or 50% total recycled content).

· Category 3: It is desirable for vendors to provide a service to collect and recycle used carpet removed during installation.

Category 1 Carpet Specifications This category is for products only. Manufacturers and authorized dealers/distributors can bid on this category. Contractors who bid for this category (manufacturers and authorized dealers/distributors) must provide all required information. Products in this category include broadloom, carpet tile, related products, and accessories. All products in this category must meet or exceed all Federal, State, and local standards/regulations.

Required Products under Category 1 Products offered under this category include Carpet Tile, Broadloom, Flocked, Area Rugs, Mats, Related Products and Accessories.

Warranties for Category 1 At a minimum, all carpet must have a ten (10) year warranty from the date of Certificate of Agency Use and Occupancy. Carpet manufacturers and sellers must replace carpet that do not comply with specifications or that fail within the specified warranty period. The awarded vendor must replace any carpet that fails within the specified warranty period or does not comply with the minimum requirements in these specifications.

Category 2 Hard Surface Flooring Specifications Products in this category include but are not limited to area rugs, mats, etc. This category is for products only. Manufacturers and authorized dealers/distributors can bid on this category. Contractors who bid for this category (manufacturers and authorized dealers/distributors) must provide all required information.

Required Products under Category 2 Products in this category include resilient flooring (all types, including vinyl, linoleum, cork, and rubber), ceramic tile, wood flooring (all types, including engineered wood flooring and solid wood (pre-finished or unfinished), bamboo, and cork), laminate flooring, stone related products and accessories. All products in this category must meet or exceed all Federal, State and local standards/regulations.

Warranties for Category 2 All products must have a minimum warranty as standard with the industry.

Delivery Terms Bidders must have the ability to arrange for delivery of products to the installation company marked and tagged with the identity and destination of the purchasing Eligible Entity. Awarded vendors must coordinate the time of delivery with the Eligible Entity, if requested. If the vendor uses an independent company to satisfy delivery requests the awarded vendor is responsible for ensuring that the delivery company coordinates with the Eligible Entity.

Delivery Charges Delivery charges are authorized in this contract. Awarded vendors must disclose as separate line-item delivery charges and the purchasing entity must authorize those charges, in writing, prior to entering into an agreement.

Lift Gate Charges:

Vendors must include any lift gate charges in their product pricing. Lift gate charges must be assumed by the awarded vendor not the customer or contractor/installer if different from the vendor. Liftgates are used during delivery when there is no loading dock or when cargo is too heavy to be loaded or unloaded by hand.

Delivery is FOB Destination. Delivery for stock items is next day, and for non-stock items, all efforts are to be made for the items to be delivered within two (2) days.

Freight & Other Charges Freight & any other miscellaneous charges not included in the quote and accepted by the Eligible Entity will not be paid. Freight & any other miscellaneous charges must be no more than the actual freight or miscellaneous charges paid by the contractor.

Returns The vendor’s returned goods policy must allow for the return of products normally stocked by the vendor, within 90 days of delivery, free of charge including transportation back to the vendor’s facility, in cases when:

· The wrong product was ordered

· Product that was not ordered was delivered

· Unopened product is being returned, for any reason, in the same condition as received

· Product performance, appearance or other attributes do not meet the Eligible Entity’s requirements

Service Specifications Category 3 Installation, Maintenance, and Repair Specifications Products installed, maintained and repaired under the resulting agreement(s) must meet or exceed the manufacturer’s instructions and/or installation recommendations including any special precautions, industry recommended best practices, and performance tests and specifications. Category 3 services must comply with all product specifications in Categories 1 & 2.

Required Service Specifications for Category 3 Contractors must be an authorized dealer/distributor for flooring products (carpet and hard surface) for Turn-Key Service. Contractors must be awarded Category 1 and/or 2 for the flooring products and/or must be an authorized dealer/distributor for an awarded manufacturer for Category 1 and/or 2 to offer Turn-Key Service. Pricing from Category 1 and/or 2 must be honored and cannot be marked up for Turn-Key Service.

All products installed must meet Category 1 & 2 requirements. If an Eligible Entity seeks a Turn-Key Service, from room measurement, carpet and floor ordering, installation, and assisting the Eligible Entity in the selection of approved products, they must supply a quote that includes, at a minimum, pricing for products, installation, and material /supplies.

Installation, maintenance and repair (as defined in 4.3 Construction Law Compliance) must meet or exceed any applicable Federal, State, and Local Building Codes, Requirements, or Standards and comply with all mandatory products specifications outlined in Categories 1 & 2.

The Contractor is the expert and, in all projects and situations, is responsible for site inspection and to advise the Purchasing Entity on the proper product, preparation work, and installation. Contractors must state on the MRO001 Bidder Price Sheet the manufacturer(s) that they intend to provide installation, maintenance and repair services.

In stating the manufacturer(s) on the Bidder Price Sheet the Contractor confirms that they are authorized and trained to install the manufacturer’s product by the manufacturer. Category 3 requires installing all products in compliance with Categories 1 & 2.

Turn-key Service Specifications If an Eligible Entity seeks a Turn-Key Service from room measurement and flooring ordering to installation to be provided, the Contractor at no additional charge to the Eligible Entity must measure the space, assist the Eligible Entity in the selection of flooring material, and provide a job quote that at a minimum includes flooring product pricing, installation pricing, and/or materials/supplies.

Flooring Products Provision of Material for Category 3 Contractor must only provide material/supplies related to the installation, maintenance and repair or other authorized services of the project. Contractor must attach the material/supply receipt to the invoice showing the original price prior to the markup cost to the Eligible Entity. Any materials/supplies related to the installation, maintenance and repair or other authorized services of the project must meet all specifications of this RFR.

Flooring Service Call Specifications and Requirements Contractors must respond to service calls if requested by the Eligible Entity. Contractors must send a qualified service person to the Eligible Entity’s location and have a vehicle fully equipped with tools and replacement parts, capable of performing complete diagnosis of equipment and systems and facilitating repairs. Contractor shall document any fault incidents by entering service calls’ particular details in the maintenance logbook for that equipment prior to departing from the premises.

Contractors must receive prior approval from the Eligible Entity to perform all work, including additional repairs and services that are not part of the initial service call. Failure to receive prior approval may constitute unauthorized repair or service, and Contractors will not be compensated for such services. In addition, Contractors will be held accountable for any unauthorized services and responsible for compensating the Eligible Entity if any damage occurs. Eligible Entities are the determining authority and oversee securing and compensation for services.

Facility Site Inspection Requirements Bidders must conduct a site inspection if requested by an Eligible Entity at no charge to quote a project, if required by the Eligible Entity’s bid specifications.

Post-Installation and Clean up The Contractor is responsible for cleaning the work area after the project is completed, this includes removal of all package material, sweeping the area of debris, removing all debris (if applicable) and leaving the work area in a safe condition. If the work area cannot be left in a safe condition the Contractor must notify the Eligible Entity for advice as to how to leave the area in a safe condition before leaving the job.

Training The Contractor must provide minimal training and demonstration where applicable. Contractors must provide information/instructions on maintenance procedures, including recommended schedules for each task.

Construction Law Compliance All work performed under this contract must comply with the Massachusetts construction laws, M.G.L. c. 149, c. 149A and M.G.L. c. 30 s. 39M. For reference, see:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30/Section39m It is the responsibility of the Eligible Entity to consult their legal counsel for assistance determining whether construction, reconstruction, alteration, installation, demolition, maintenance, or repair services and, if needed, associated materials and equipment work includes construction as defined by M.G.L. c.149 or M.G.L. c.30 s.39M. Construction services provided under this contract, including labor and materials, are limited to $50,000 or less per engagement.

Construction projects exceeding these limits are not permitted under this contract.

Eligible Entities will be allowed to contract with any Contractor under this Statewide Contract for building or public works construction projects estimated to cost less than $10,000 without the need to solicit multiple written price quotations when procuring these services, unless required by the Eligible Entity’s internal procurement policies and requirements. Eligible Entities must use sound business practices which require a record that includes, at a minimum, the name and address of the person from whom the services were procured.

If using this Statewide Contract for services for c. 149 building construction or c. 30, s. 39M public works projects estimated to cost between $10,000 and $49,999, Eligible Entities are required to solicit at a minimum responses from at least three (3) Contractors and MUST receive two (2) written responses, two of which must be actual dollar quotes provided that the contract shall be awarded to the responsible person offering to perform the contract at the lowest price quotation.

In instances where this Statewide Contract is used for services in excess of $25,000, MGL c. 149, s. 29 payment bonds are required from the selected Contractor. It is the responsibility of the Eligible Entity to enforce this requirement when soliciting quotes. Eligible Entities may require additional performance and payment bonds from the Contractor, which would be detailed in the Statement of Work.

All awarded Contractors will be required to execute statements of work for engagements under this contract that incorporate applicable public construction law requirements including, but not limited to employment requirements, labor harmony and OSHA training certifications, change orders and adjustments, foreign corporations, payment requirements, weather protection, financial reporting, and auditor’s certification.

Construction projects exceeding these limits are not permitted under this contract. Additionally, MGL c. 7C, ss. 44-57, Design Services for Public Building Projects, is outside the scope of this statewide contract.

Eligible Entities must use sound business practices which require a record that includes, at a minimum, the name and address of the person from whom the services were procured. OSD recommends buyers consider getting multiple quotes for all work to guarantee a best value procurement.