OFF47 RFR FINAL_Amended_2.5.19~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: OFFICE SUPPLIES, RECYCLED PAPER AND ENVELOPES

Document Number: OFF47

COMMBUYS Bid#: <Bid# BD-19-1080-OSD03-SRC3-29155>

January 17, 2019 ***Amended February 5, 2019***

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

Issuing Entity Operational Services Division (OSD)

Strategic Sourcing Services Lead

14-00-00 Paper materials and products

Table of Contents

REQUEST FOR RESPONSE

OFFICE SUPPLIES, RECYCLED PAPER AND ENVELOPES

RFR #OFF47/COMMBUYS Bid# BD-19-1080-OSD03-SRC3-29155

Introduction and Bid Overview Description and Purpose of Procurement The Commonwealth of Massachusetts and the OFF47 Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Office Supplies, Recycled Paper and Recycled Envelopes. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Statewide Contract will also be available for use by other eligible entities listed on the Issuer tab on COMMBUYS.com. Each Commonwealth Agency and eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Statewide Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

The SST is soliciting bids in three (3) categories:

· Category 1A and Category 1B Office Supplies

· Category 2 Recycled copy and print papers

· Category 3 Recycled plain and printed envelopes Bidders may submit bids in one or more of these Categories.

In line with Executive Order 515: Establishing an Environmental Purchasing Policy, supplies on this contract are required to meet environmental specifications outlined in Appendix 1: Product Specifications. This includes providing paper and plastic products made with a percentage of post-consumer recycled content (PCRC) in order to strengthen the markets for these materials which are collected in municipal and business recycling programs, make more efficient use of our natural resources, reduce waste, and serve as a model for public and private institutions.

The Statewide Contracts awarded as a result of this Solicitation will replace Statewide Contract OFF36 when it terminates on June 30, 2019.

Disability Pilot Program All Bidders awarded as a result of this RFR will be required to participate in the SDO Disability Pilot Program. The goal of the program is to “promote the recruitment, hiring, promotion and retention of individuals with disabilities and assist state contractors in evaluating and measuring levels of success in the recruitment, hiring, promotion and retention of individuals with disabilities.” This RFR and any contracts resulting from it will be part of the SDO Disability Pilot Program. As part of their responses, Bidders are required to complete the Disability Employment Practices Form, which is part of the Bidder Response Form (Attachment D). For more information on the SDO Disability Pilot Program see RFR Section K, 10.

Estimated Procurement Calendar

Training for Online Submission Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training COMMBUYS@mass.gov for dates Location:

Operational Services Division One Ashburton Place, Room 1017 Boston, MA 02108 OFF47: How to Locate and Respond to COMMBUYS Bid Solicitations

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including 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. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). 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.

Bidders and awarded Contractors are required to view the COMMBUYS requirements associated with this bid are responsible for compliance with those requirements.

Locating 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 Bidders access to the Bid Q&A page.

Bid Amendment Deadline 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.

Late Bids Will Not Be Considered Each bidder must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFR. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your quote will not be completed and received by the system.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the resulting Master Blanket Purchase Order being posted on COMMBUYS. The SST will provide debriefing guidelines in advance of each debriefing.

Applicable Procurement Law:

Acquisition Method:

Anticipated Contract Awards Check One (“X”):

Estimated Number of Awards The target maximum number of contract awards is up to three (3) statewide vendors and up to two (2) regional vendors per category. The SST may award more or fewer Statewide Contracts if it is in the best interests of the Commonwealth to do so.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with specifications and reporting requirements, and adequate sales volume; OSD reserves the right to reduce the number of awarded contractors for the duration of the agreement.

Adding Contractors after Initial Contract Award If, over the life of the contract, the SST determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

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 Contractors awarded at that point adequately meets the needs of eligible entities.

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

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories with no prior approval by the State Purchasing Agent; and

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

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

Anticipated Contract Duration

Initial Duration

Two years Effective start date April 1, 2019 through March 31, 2021

Total Maximum Contract Duration

Five (5) years

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is US $60,000,000. 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.

The “Estimated Value (US$) for this Bid was based on the following: This Estimated Value was derived by reviewing Contractor sales report to the Commonwealth of Massachusetts eligible entities for FY14, FY15, FY16, FY17, and FY18.

Procurement Scope and Description The Commonwealth of Massachusetts and the OFF47 Office Supplies, Recycled Paper and Envelopes Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of the following:

1. Commodity Specifications Category 1: Office Supplies:

Bidders must be able to provide costs and supply products for all line items details in Attachment A: Office Supplies Cost Sheet (Categories 1A and 1B) including, but not limited to the following:

Batteries, Binders, Binding Supplies, Boards, Break room Cleaning Supplies, Calculators, Calendars, Planners, Carrying Cases, Carts, Cash Handling, Clipboards, Clips & Clamps, Covers, Cutting Devices, Desk Accessories & Workspace Organizers, Easels, Envelopes, Mailers & Shipping Supplies, Erasers, Fasteners, File Folders, Forms, General Office Accessories, Glues & Adhesives, Highlighters/Markers, Identification Badges, Index Dividers, Labels & Stickers, Mats, Mouse Pads & Wrist Rests, Notebooks, Pads, Paper & Printable Media, Pencils, Pens, Organizers, Recordkeeping Materials, Roll File & Sheet File Organizer, Rubber Bands, Rulers, Safety & Security, Shipping & Mailroom Supplies, Shredders & Accessories, Stamps & Stamp Supplies, Staplers & Punches, Storage Boxes, Surge Protectors, Tags & Tickets, Tape and supplies, Fasteners, White Board and supplies, Writing & Correction Supplies, Recycled paper and Envelopes.

Products must meet all specifications as outlined in Appendix 1: Product Specifications.

At any time during evaluations or during the life of the contract, the SST may decide to omit items if it is determined the product is inferior or does not meet the RFR and/or contract specifications.

Category 1 contractors are allowed to only sell limited quantities of recycled copy paper and unprinted envelopes. Limited quantities are defined as up to 39 cases for paper at the discretion of the OSD Contract Manager. Limited quantities are defined as 5 (five) or less cases for envelopes. Non adherence to these limits is subject to review and possible penalty and/or suspension.

Category 2: Recycled Copy and Print Papers Bidders must be able to provide costs and supply products for all line items detailed in Attachment B: Paper Cost Sheet including, but not limited to: copy and office paper, carbonless, cover, vellum Bristol, rag, flat stock, label stock and roll stock.

All paper must meet all specifications as specified in Appendix 1: Product Specifications.

Recycled copy paper must function properly in all copiers, fax machines, laser printers, ink jet printers, offset presses, and high-speed production devices.

Bidders may not change “house brands” without confirming that the paper mill still meets all specifications, including that the paper is of archival quality. If a change in “house brands” is requested, Bidder must provide documentation to the OFF47 contract manager for approval.

Specialty Papers: Paper Merchant must be able to provide a quote for specialty papers not listed in: Attachment B: Paper Cost Sheet with the same terms and conditions outlined in this RFR. Quotes for specialty papers may be negotiated between the Eligible Entity and the Contractor(s) after contract award.

Roll Stock: In the event that roll stock does not exist that meets the RFR specifications, or such product is not available in sufficient supply, Bidders may propose an alternative product that will serve the same purpose. The SST reserves the right to approve or reject the alternative product proposed. In addition, once the original product is available that does meet the RFR specifications and the needs of the Commonwealth, it is understood that the alternative product will be removed from the contract. To be considered, “Proposed Alternative Products,” if any, must be shown in Attachment B Paper Cost Sheet, under Proposed Alternative Products.

Bidders must also propose at least one alternative paper product made from materials other than wood pulp (e.g. kenaf), one paper product made with 50% PCRC and one paper product made with 100% PCRC, in addition to one paper product line that is certified by such third-party organizations as the Forest Stewardship Council (FSC) to contain no pulp from old growth forests, and must maintain recycled content requirements. Certifications from other organizations considered equal to FSC by the Federal Trade Commission (FTC) may also be considered at the discretion of the SST.

It is desirable that after maximizing recycled content, preference will be given to paper and paper products whose remaining content includes other recovered materials, including, but not limited to, pre-consumer fiber and agricultural residues.

Category 3: Recycled Plain and Printed Envelopes Bidders must be able to provide costs and supply products for all line items detailed in Attachment C: Envelope Cost Sheet including, but not limited to: plain and printed white and Kraft envelope.

All envelopes must meet all specifications as specified in Appendix 1: Production Specifications.

The envelope manufacturer must be able to provide quotes for all specialty envelopes. Attachment C: Envelope Cost Sheet with the same terms and conditions listed in this RFR. The prices quoted will be negotiated between the Eligible Entity and the Contractor(s).

Bidders must be responsible to advise Eligible Entities and the Commonwealth Contract Manager of any changes in U.S. Postal regulations that may impact envelope construction and/or design.

Any postal problems arising from clarity or other material deficiencies from windowed envelopes must be corrected at no extra charge to the Eligible Entity.

All bidders with printing facilities must comply with all applicable state and federal environmental regulations. The following documentation must be supplied by uploading the following to the bid in COMMBUYS:

· Mass DEP’s Environmental Results Program (ERP) for Printers: ERP certification is mandatory for all commercial printing operations in Massachusetts and facilities. Proof of annual electronic compliance certification for most recent year of certification (due by September 15th of each compliance year or non-applicability status) per 310 CMR 70.00: Environmental Results Program (ERP) Certification is required. For Printers that meet that meet the new Very Small Printer Category, any prior year certification proof is sufficient. For more information visit: https://www.mass.gov/how-to/submit-a-compliance-certification-printer.

Bidders with facilities located outside of Massachusetts must provide the following documentation:

· Waste Water – a copy of any applicable NPDES or local POTW (only the front page of the permit document must be submitted to demonstrate compliance with this requirement);

· Hazardous waste – a copy of any applicable RCRA permit (only the front page of the permit document must be submitted to demonstrate compliance with this requirement);

· Storm Water – a copy of any applicable NPDES or local POTW permit (only the front page of the permit document must be submitted to demonstrate compliance with this requirement).

Required Commodities Items provided by a Contractor must be in accordance with those contained in the Contract award. Contractors are authorized to ship only those supply items covered by the Contract. If a review of orders placed by any Eligible Entity reveals that supply items other than that covered by the Contract have been ordered and delivered, the Contract Manager may take such steps as are necessary to have the material returned by the Eligible Entity, regardless of the time elapsed between the date of delivery and discovery of the violation, at the cost of the Contractor. Full credit will be required. The Contractor must remove the commodity from their catalog and website if directed to do so by the Commonwealth Contract Manager. Contractors may also be subject to suspension for a period of time, or Contract termination.

The SST reserves the right to remove any commodity from the contract at any time.

The following items are not allowed to be sold on this contract but may be purchased through the noted statewide contracts or their successors:

· Office Furniture (examples: desks, chairs, tables, mobile or cube furniture): OFF38

· Printer or Copier Toner cartridges or bottles (name brand, or remanufactured): ITC66

· Janitorial cleaning and related supplies: FAC85 (except for “break room supplies” which is defined as paper towels, napkins, dish soap, sponges, all-purpose cleaners, wipes and allowable on this contract, however, if offered, must comply with the FAC85 specifications or any updates to these specifications.)

· Food service equipment GRO35

· Food and beverages GRO38 Awarded vendors are authorized to provide ONLY those items and/or quantities covered by the Contract. Awarded vendors are NOT allowed to provide any products that are not on the approved product list. Violation of this term may result in the Contractors being subject to suspension for a period of time as determined by the SST, or Contract termination.

Items provided by a Contractor must be in accordance with those contained in the Contract Contractors are authorized to ship only those supply items covered by the Contract. If a review of orders placed by any Eligible Entity reveals that supply items other than that covered by the Contract have been ordered and delivered, the Contract Manager may take such steps as are necessary to have the item(s) returned by the Eligible Entity, regardless of the time elapsed between the date of delivery and discovery of the violation, at the cost of the Contractor. Full credit must be issued. Contractor may be subject to suspension or removal from the Contract if non authorized items are shipped.

Eligible entities reserve the right to add or restrict other products from this contract based on environmental health or environmental considerations.

Environmental and Recycled Content Specifications It is the intent of the Commonwealth to provide as many environmentally preferable options at competitive pricing as possible, as directed by Executive Order 515: Establishing an Environmental Purchasing Policy. Products listed in the cost sheets must meet environmental specifications as outlined in Appendix 1: Product Specifications. If awarded, non-compliance with this requirement may result in a penalty assessment of up to $100.00 each occurrence, contract suspension, or contract termination.

Copy papers comprise one of the largest categories of paper and paper products. Copy papers must contain a minimum of 30% post-consumer recycled content (PCRC) as required by the EPA’s Comprehensive Procurement Guidelines (CPG) for printing and writing papers (unless a lesser percentage is specified and approved by OSD in Appendix 1: Product Specifications). Verification of recycled content must be included with a letter from the paper/product manufacturer that paper products bid meet minimum PCRC content specifications and standards for archival quality, brightness, opacity, caliper and smoothness as listed in Specifications.

It is desirable that such products meet the following certifications:

· Ecologo/UL 2771 Standard for Sustainable Paper Products

· Green SealTM 07 Standard for Printing and Writing Paper

· Forest Stewardship Council (FSC) – Certification for the virgin portion of the paper product that ensures responsible forestry. (Does not preclude PCRC minimum).

· Chlorine Free Products Association (CFPA) – eliminates the use of chlorine in bleaching process.

Bidders able to offer the greatest selection of such certified papers may be given preference in the evaluation process. All products listed in the Market Basket lists have been determined to meet the environmental and health specifications in this contract. Bidders that offer equivalent products may be asked to provide documentation of compliance with the specifications during the bid evaluation process.

In the event that the minimum PCRC standard increases in the CPG during the Contract term, the SST reserves the right to require (within a reasonable amount of time) that the State Contract level of PCRC also be increased to stay in line with the federal standards.

Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms. Product environmental claims are to include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories in their catalogs, whether paper or online. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publically available for verification (on either the vendor’s or certifier’s website).

Verification of Ongoing Compliance with Environmental Specifications If awarded a contract, the Contractor must agree to supply proof of environmental certification or other documentation of compliance with the environmental specifications for all products (including any additional products added to the contract throughout the duration of the contract), if requested by OSD eligible user. Failure to do so may result in the rejection of the product item that lacks current certification.

The Commonwealth of Massachusetts reserves the right to remove from the contract any product with environmental or health claim that the EPP Program considers “green-washing” because the claim is unverified, inapplicable to the product category, misleading, unacceptably weak, or inconsistent with information provided by the product manufacturer or a third-party certifier.

Bidder Qualifications

1. Company/Employee Experience Provide the following information in the Bidder Response Form (Attachment D):

· Identify the years of experience servicing commercial accounts. (Minimum two (2) years’ experience required.)

· Identify staff orientation/training programs that you have in place for your personnel, including subcontracted personnel. Describe trainings and certifications, their frequency, and if they are mandatory. All delivery drivers, including subcontractors must hold a valid driver’s license and pass CORI/SORI checks.

· Provide organizational chart.

Financial Stability Financial stability: This includes a DUNS Business Credit Report, bankruptcy information, any litigation and contract defaults. DUNS report should be included with your Bid response and labeled CompanyName_DUNS. Provide total gross revenue for each of the last two (2) calendar years, 2017 and 2018. Submit a Certificate of Good Standing from the Secretary of State’s office.

Insurance Bidders must carry Liability (General and Auto) Pollution (Categories 1&2), Property, Personal Injury and Worker’s Compensation Insurance. Bidder’s insurance limits must meet at a minimum of $1 million aggregate and $1 million single occurrence for Liability (General and Auto), Property and Personal Injury, and comply with M.G.L 152 for Worker’s Compensation. The SST reserves the right to request a copy of insurance at any time throughout the life of the contract to check that the awarded contractor is in compliance with this requirement. Bidders must submit a Certificate of Insurance (COI) with their response that shows all of the above policies are in place and active.

References Bidders must submit contact information with valid phone numbers and email addresses for five (5) references that have utilized your company’s services in the category in which you are bidding within the last 24 months and exceeded $5,000 in sales annually. No more than one reference may be from a Commonwealth of MA department. The SST will make a reasonable effort to contact the references given, but if the SST is unable to obtain a reference, the bidder’s score will be negatively impacted. The SST reserves the right to utilize information gathered from references, historical information or other sources when scoring response. A past history or poor performance may negatively impact a bidder’s scoring.

Company Certifications and Affiliations Category 2 - Recycled Copy and Print Papers: Bidders must submit written certification for Category 2 from a minimum of two paper mills stating that the Bidder is an authorized paper merchant and that the paper mills will support the Bidder with adequate inventory of paper supplies for purchase by all Eligible Entities during the life of the contract.

The certifications must be on the official letterhead of the paper mills and signed by an authorized official of each mill. An authorized official is defined as a company employee who has the requisite authority to commit, obligate and contractually bind the company.

The certification must identify the Bidder, the Solicitation number BD-19-1080-OSD03-SRC3-29155, and the Bid Category (Category 2: Recycled Copy and Print Papers). Failure to comply with the certification requirement may result in the rejection of the response.

Category 3 - Recycled Plain and Printed Envelopes: Bidders must submit written certification that they are capable of manufacturing plain, printed and custom envelopes for delivery statewide and that they have the ability to warehouse large orders of envelopes for multiple release dates.

Performance Specifications

1. Delivery Requirements Statewide Awarded Contractors must be able to provide delivery throughout the Commonwealth of Massachusetts, including the islands. Regional Awarded Contractors must be able to serve the regions specified on the Bidder Response Form (Attachment D). If the Contractor uses an independent company to satisfy delivery requests, the Awarded Contractor is responsible for ensuring that the delivery company coordinates with the contract user, and delivery drivers are CORI/SORI checked. It is desirable that Contractors use as little packaging as necessary to deliver products in order to maintain product in original form. All delivery vehicles must be registered and insured. Please see Attachment E: Map of Regions.

1. Cost Delivery must be made at no extra cost to Eligible Entities with all deliveries being FOB destination. FOB destination shall mean inside delivery to the location specified by the Eligible Entity. The Contractor shall be responsible for all delivery and unloading of product at no additional cost. All orders will be processed, confirmed and delivered based on established delivery schedules. Should the Contractor use an independent business to satisfy delivery requests, it is understood that said Contractor accepts responsibility for ensuring the delivery company will coordinate with the contract user on delivery manner. Contractor is also responsible for all violations and penalties if the delivery company is not performing to the terms of this contract. Late deliveries or deliveries that cannot be made within the above guidelines may be canceled at no cost to the Eligible Entity. All delivery drivers must be CORI/SORI checked by contractor.

Hours All deliveries shall be performed during regular working hours of the Eligible Entity. Delivery at other times is permissible only with the written approval of the Eligible Entity.

Category 1- Office Supplies: All deliveries must be made within one (1) business day of the order placement, or per a delivery schedule mutually agreed upon by the Eligible Entity and the Contractor. The only exception would be delivery to the islands in which case three (3) business days will be acceptable.

In the event a contractor cannot deliver within the required time frame indicated above, the contractor must notify the Eligible Entity and work out a mutually acceptable schedule. If the contractor does not contact the Eligible Entity, or if the contractor & Eligible Entity cannot agree on a mutually agreed upon schedule, a penalty of $100.00 per day/per violation may be imposed.

Category 2 - Recycled Copy and Print Papers: All deliveries must be made within two (2) business days of the order placement for stock items and within three (3) business days for non-stock items, or per a delivery schedule mutually agreed upon by the Eligible Entity and the Contractor, except as provided below for rolled stock.

All deliveries of white, standard rolled stock must be within three (3) business days of the receipt of the order, unless mutually agreed upon by the Eligible Entity and the Contractor.

Deliveries of specialty rolled stock and/or colors must be within fifteen (15) business days of the receipt of the order, unless mutually agreed upon by the Eligible Entity and the Contractor.

In the event a contractor cannot deliver within the time frames allowed for this category, the contractor must notify the Eligible Entity and work out a mutually acceptable schedule. If the contractor does not contact the Eligible Entity, or if the contractor & Eligible Entity cannot agree on a mutually agreed upon schedule, a penalty of $100.00 per day/per violation may be imposed.

Category 3- Recycled Plain and Printed Envelopes: All deliveries must be made within two (2) business days for plain stock envelopes and seven to ten (7-10) business days for printed stock envelopes or per a delivery schedule mutually agreed upon by the Eligible Entity and the Contractor. For non-stock plain or printed envelopes delivery must be made in accordance with a delivery schedule mutually agreed upon by the Eligible Entity and the Contractor.

In the event a contractor cannot deliver within the time frames allowed for this category, the contractor must notify the Eligible Entity and work out a mutually acceptable schedule. If the contractor does not contact the Eligible Entity, or if the contractor & Eligible Entity cannot agree on a mutually agreed upon schedule, a penalty of $100.00 per day/per violation may be imposed.

Condition Contractors are required to deliver products in first-class condition at the point of delivery, and in accordance with good commercial practice. Damaged shipments will not be accepted. In the event that a shipment is accepted and subsequently found to be incomplete, incorrect, or damaged, the shipment must either be replaced, at no cost to the Eligible Entity, or returned at the Contractor’s expense, for a refund or credit of the purchase price. The Contractor may not charge restocking fees.

Labeling of Shipping Cases Shipping cases must show the name of the supplier, name and address of receiving customer, and purchase order number. Shipping cases must be properly labeled with the part number/stock number, quantity per box, and paper size (if applicable). They must also include a special designation for each carton if requested by the Eligible Entity.

Category 2 - Recycled Copy and Print Papers ONLY: Packing slips for deliveries of rolled stock must include the delivered weight.

Security Policies Contractors must adhere to established security and/or property entrance policies and procedures that were established by each Eligible Entity. It is the Contractor’s responsibility to inquire about those policies and procedures prior to any attempt to enter the premises, and to adhere to them. The Contractor must be prepared to supply a list of drivers’ names and any other background information necessary to the Department of Correction or any Eligible Entity who so requests for security clearance. All Contractor vehicles are subject to inspection upon entering and leaving all facilities. All contractor vehicles must be inspected and insured.

Backordering Category 1 – Office Supplies: Contractors must automatically deliver all backordered items not in stock at the time of request as soon as the items become available. If a Contractor cannot deliver the backordered item(s) within two (2) business days of the original date of order or in a time frame mutually agreed upon by the Eligible Entity and the Contractor, then the Contractor may deliver an equal or better quality item at the same price or lower, of the backordered item within two (2) business days. The Eligible Entity’s approval of the backorder replacement item is required prior to shipment of the item. No additional fees or service charges will be allowed for delivery of supplies on backorder.

Categories 2 and 3: Contractors must deliver backordered items in a time frame mutually agreed upon by the Eligible Entity and the Contractor. No fees or service charges will be allowed for delivery of supplies on backorder.

Order Fill Rate Category 1 - Office Supplies ONLY: Contractors must maintain a complete order fill rate of 98% for next day delivery during the term of the contract. In the event that a contractor cannot maintain the fill rate, the vendor must notify the Eligible Entity and work out a mutually acceptable replacement for the items that are not filled. If the contractor does not contact the Eligible Entity, or if the contractor & Eligible Entity cannot agree on a mutually acceptable resolution, a penalty of up to $100.00 per violation may be imposed.

Minimum Order Quantities Category 3 - Recycled Plain and Printed Envelopes Only: The minimum order for printed envelopes will be one (1) carton.

Proof of Delivery Proof of delivery documentation must be maintained for a minimum of eighteen (18) months after deliveries.

Product Returns Contractors must resolve all requests to return non-custom items in original condition within five (5) business days. Items will be picked up and credited by the Contractors within five business days at no cost to the Eligible Entity. No restocking fees will be charged.

Unapproved substitutions are not allowed under this Contract and if delivered in error, must be replaced with the requested items or approved substitutes within two (2) business days. No restocking fees will be charged.

All awarded bidders will be responsible for insuring that item(s) received that do not meet the written guarantees and/or warrantees published by the manufacturer are replaced within thirty (30) days of notification by the department whom purchased the item. Returning of the defective item will be done so at the expense of the supplier.

Invoice and Payment Specifications Billing must be done at a minimum per order, unless consolidated billing is requested. It is highly desirable for the Bidder to offer and provide electronic invoices to the Eligible Entities upon request.

Contractors may be required to provide consolidated billing, upon request of the Eligible Entity. All invoices must have a separate line item identifying the account and any line item detail requested by the Eligible Entity for each order and delivery. Prompt Pay Discounts will be based on the receipt date of the consolidated invoice.

The contractor must agree to apply payments issued by Eligible Entities to the appropriate invoices. To clarify, payments made by the Treasurer’s Office may combine payments from multiple state entities. Contractors will be able to use the Commonwealth’s Vendor Web service to help in reconciling such payments (see link on the State Comptroller’s Office website at www.mass.gov/osc). https://www.macomptroller.org/ The contractor must agree to match invoices and apply the correct bills and set up separate billing accounts. The Contractor must not automatically apply payments against the oldest invoices or use any other arbitrary basis for applying payments.

Invoices (both paper and, if available, electronic) must clearly identify the dock delivery discount (DDD) and the volume purchase discount (VPD) and deduct these amounts from the invoice total if offered.

Contractor Performance Standards Contractors must conform to all RFR terms and requirements throughout the life of the Contract. The SST will monitor the Contractor’s performance through the required reports, agency feedback, and other available data. Performance of awarded contractors will be reviewed through end user feedback which includes Key Performance Indicator (KPI) surveys or reports. In addition, punch-out catalogs will be checked for accuracy of product and price throughout the life of the contract.

If the Contractor’s performance is not satisfactory, and can be remedied, the Contractor will be offered the opportunity to submit and implement a corrective action plan. Depending on the severity of the unsatisfactory performance, the SST may issue a written warning, financial penalty, add additional vendors, or suspend or terminate the Contract.

Service Requirements Purchasing entities may require onsite visits by sales representatives to be scheduled at a mutually agreeable time.

Contractors must provide statewide service to all counties (unless contractor is awarded a regional contract) Catalog and Marketing Materials Contractors must supply a copy of their standard catalog at no additional cost to any Eligible Entities who requests it during the life of the Contract. It is understood that this Catalog has retail pricing and may include items which are not available under the Contract.

Contractors must submit all advertising literature with regards to OFF47, including but not limited to, brochures, catalogs, and price lists, to the Commonwealth Contract Manager for review and approval before providing such materials to an Eligible Entity. Non-compliance with this requirement may result in a penalty assessment of up to $100.00 each occurrence, Contract suspension, or Contract termination.

It is highly desirable that Bidders agree to use 30% PCRC paper for all other printed marketing materials and literature related to this Contract.

Online Ordering Website/PunchOut Awarded Contractors must provide an online ordering website. The website must be available within thirty (30) days after Contract execution. Approval by the SST, prior to publication of the initial website and any changes or updates, is required. The website page must be accessible by an Eligible Entity at no additional cost. Contractors are required to provide statewide training to any Eligible Entities who request training, at no additional cost.

The website must include the following minimum functionality, except for features identified as “desirable” business requirements:

· Must display only OFF47 Statewide Contract items;

· Must provide a clear description, including but not limited to the unit of measure, percentage of post-consumer recycled content (where appropriate) any third-party certifications and cost;

· Must not provide any disclaimers or offers that are inconsistent with the Contract;

· Must provide the search capability by product type, type of item, manufacturer, manufacturer part number #, environmentally preferable products and keyword description;

· Must provide the number of items in a carton, box, or other shipping unit;

· Must provide the ability to search within results;

· Must provide the ability to provide a cost comparison among lower cost items that are equal or better in quality to the item(s) selected;

· Must provide a comparison among items that are environmentally preferable and are equal or better in quality to the item(s) selected;

· For paper, dimensions, weight and unit of measure must be displayed;

· Must provide the ability to define symbols when the cursor hovers over them;

· Must provide a preview of past order contents when the user rolls the cursor over the order number;

· Must provide the ability for Eligible OFF47 Users to save their Favorites List/Shopping Cart of most commonly purchased items;

· Must have the ability to maintain a promotional section to highlight any current or planned approved Contract promotions;

· Desirable: Ability to show the quantity of items available;

· Desirable: the ability to provide an environmental information section including but not limited to: information about the benefits of purchasing environmentally preferred products, the use and benefits of remanufactured supplies, current and future environmental commitment(s), policies and initiatives (e.g. packaging reduction, toxics reduction, equipment end-of-life management) and other relevant topics.

The SST reserves the right to request modifications to the website page during the term of the Contract. Any modifications, changes or updates must be reviewed and approved by the SST prior to publication. Non-compliance with this requirement may result in a penalty assessment of up to $100.00 per day for each occurrence, Contract suspension, or Contract termination. Once an email has been sent to the Contract Manager notifying them of a perceived occurrence, they will have two (2) business days to address the problem. If the problem has not been resolved within a reasonable time frame (to be determined on a case by case basis) then the penalty starts to accrue.

Emergency Response Plans/Preparedness In a declared state of emergency where the safety and well-being of Commonwealth 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. The Bidder’s Response should include the following:

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

· A list of emergency contact information Including name, position/title, phone, email and cell phone.

· A list of the Bidder’s building location (s) that would be available to serve the Commonwealth during an emergency.

· 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 response.

Value Added Services Please describe any value-added services provided by your company that are relevant to the scope of your response to this RFR. You may provide documentation to support your statement but do not submit more than one (1) page.