OFF51 RFR Amended 6.22.23 v3.0.pdf

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: School Instructional, Arts & Crafts, Recreational and Therapeutic Supplies

Agency Document Number: OFF51

COMMBUYS Bid#: BD-23-1080-OSD03-OSD03-86686

May 25, 2023

Amended 6/22/2023

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.

https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE Art and Instructional School Supplies

Revision History

Version Number

Date Author Brief Description

1.0 05/25/23 G Dawson Initial release

2.0 06/09/23 G Dawson Section 1.2 procurement calendar updated.

Section 7.2.2 removed certificate of good standing added letters of recommendation

3.0 06/22/23 G Dawson Section 8.3.6 added language regarding price adjustments

REQUEST FOR RESPONSE OFF51 School Instructional, Arts & Crafts, Recreational and

Table of Contents Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 ESTIMATED PROCUREMENT CALENDAR

1.2.1 SUBMISSION OF BID QUESTIONS

1.2.2 BID AMENDMENT DEADLINE

1.2.3 BIDDERS CONFERENCE

1.2.4 LATE BIDS WILL NOT BE CONSIDERED

1.2.5 DEBRIEFING

1.3 ADDITIONAL BID INFORMATION

1.3.1 ANTICIPATED CONTRACT DURATION:

1.3.2 ESTIMATED VALUE OF THE CONTRACT

1.3.3 ESTIMATED NUMBER OF AWARDS

1.3.4 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.3.5 ACQUISITION METHOD(S):

1.3.6 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 PROCUREMENT EXCLUSIONS FOR MASSACHUSETTS

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 BUSINESS BACKGROUND

3.1.2 YEARS IN THE INDUSTRY OF THE BID

3.2 CONTINUITY OF OPERATIONS PLAN (COOP)

BIDDERS WILL INDICATE WHETHER THERE IS A WRITTEN CONTINUITY OF OPERATIONS PLAN

(COOP) IN THEIR BID RESPONSE. IF REQUIRED BY THE PURCHASING ENTITY, BIDDERS MAY BE ASKED

TO PROVIDE A COPY

3.3 EMERGENCY RESPONSE CAPABILITIES

3.4 FINANCIAL STABILITY INCLUDING BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULT

3.4.1 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

3.5 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 COMMODITY SPECIFICATIONS

4.1.1 CATEGORY 1: INSTRUCTIONAL SUPPLIES

4.1.2 CATEGORY 2: ARTS & CRAFTS SUPPLIES

4.1.3 CATEGORY 3: RECREATIONAL SUPPLIES

4.1.4 CATEGORY 4: THERAPEUTIC SUPPLIES

4.1.5 ELIGIBLE BRANDS AND MODELS

4.1.6 ADDITIONAL VALUE

4.1.7 DELIVERY TERMS

4.2 RETURNS/DISPOSAL

4.3 WARRANTIES

Table of Contents Page 2

4.4 GEOGRAPHIC COVERAGE

4.5 ORDERING AND QUOTES

4.6 ENVIRONMENTAL SPECIFICATIONS

4.6.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

4.6.2 REQUIRED ENVIRONMENTAL SPECIFICATIONS

4.6.3 DESIRABLE ENVIRONMENTAL SPECIFICATIONS

4.6.4 BIDDER CURRENT ENVIRONMENTAL PRACTICES FORM

4.6.5 ENVIRONMENTAL PLAN

4.7 COMPENSATION STRUCTURE/PRICING

4.7.1 COMMBUYS SETUP

4.7.2 PROMPT PAY DISCOUNT

5 SUPPLIER DIVERSITY PLAN (SDP)

6 EVAULATION CRITERIA

6.1 MANDATORY REQUIREMENTS

6.2 EVALUATION COMPONENTS

6.3 BEST VALUE SELECTION AND NEGOTIATION

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

7.1 ELECTRONIC SIGNATURES

7.1.1 ACCEPTABLE FORMS OF SIGNATURE

7.2 LIMITS AND RESTRICTIONS

7.2.1 FILE FORMAT RESTRICTIONS

7.2.2 FILE NAMING CONVENTIONS

7.3 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

7.3.1 QUOTE CONTENT

7.3.2 NON-COLLUSION

7.3.3 MULTIPLE QUOTES

7.3.4 MINIMUM QUOTE DURATION

7.3.5 BIDDER’S CONTACT INFORMATION

7.3.6 OWNERSHIP OF SUBMITTED QUOTES

7.3.7 PROHIBITIONS

7.3.8 PUBLIC RECORDS LAW

7.3.9 REASONABLE ACCOMMODATION

8 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

8.1 REQUIRED FORMS

8.2 USE OF COMMBUYS

8.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

8.3.1 CHANGES TO CONTRACTOR’S INFORMATION

8.3.2 CONTRACTOR ACCOUNT TEAM

8.3.3 SINGLE POINT OF CONTACT

8.3.4 REPLACEMENT OF CONTRACTOR STAFF

Table of Contents Page 3

8.3.5 ADDING COMMODITIES AND/OR SERVICES ONLY IN ACCORDANCE WITH THE STATEWIDE

CONTRACT

8.3.6 REQUESTING PRICE ADJUSTMENTS ONLY IN ACCORDANCE WITH STATEWIDE CONTRACT

8.4 PERFORMANCE MEASURES

8.4.1 CONTINUED QUALIFICATION BASED ON PERFORMANCE

8.4.2 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

8.5 REPORTING REQUIREMENTS AND DUE DATES

8.5.1 REPORTING AND PAYMENT DUE DATES

8.5.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

8.5.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

8.5.4 AUDIT

8.5.5 OTHER TERMS

8.5.6 AD HOC REPORTS

8.6 PAYMENT RELATED TERMS

8.6.1 BILL PAYMENT

8.6.2 LATE PAYMENT FEES

8.6.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.6.4 CREDITWORTHINESS

8.6.5 TAX EXEMPTION

9 RFR APPENDICES

9.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

9.1.1 APPLICABLE PROCUREMENT LAW

9.1.2 GENERAL PROCUREMENT INFORMATION

9.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

9.2 APPENDIX 2 INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

10 GLOSSARY

REQUEST FOR RESPONSE OFF51 School Instructional, Arts & Crafts, Recreational and Therapeutic

Supplies

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts Operational Services Division is issuing this Request for Response to solicit proposals for OFF51 School Instructional, Arts & Crafts, Recreational and Therapeutic Supplies for both the Commonwealth of Massachusetts and the State of Connecticut.

The resulting Contract will serve as the primary Statewide Contract created and used by the Commonwealth of Massachusetts in conjunction with the State of Connecticut and eligible entities for the goods and services covered by the Contract. The resulting Contract will replace Massachusetts SWC# OFF45 as well as Connecticut’s RFP #17PSX0012. The Contract will also be available for use by other Eligible Entities.

The Commonwealth is looking for vendors that offer a robust selection of environmentally preferable products, including, but not limited to products with third-party environmental certifications. The new contract has a duration that has been extended an additional 4 months to accommodate a pricing update change. This contract has also expanded categories to include recreational and therapeutic supplies. K through 3rd grade furniture is being transitioned to statewide contract OFF38 Office, School and Library Furniture, Accessories, and Installation.

Category 1: Instructional Supplies Category 2: Arts and Craft Supplies Category 3: Recreational Supplies Category 4: Therapeutic Supplies

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure 04/04/23

Bid Release Date 05/25/23

Bidders Conference

Tuesday June 16th, 11:00 AM – 12:00PM, this will be a virtual conference.

Registration Link:

https://attendee.gotowebinar.com/reg ister/7927808020926360409

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

06/20/23, 5:00 PM

Official answers for Bid Q&A published (Estimated)

06/23/23

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training

Locate and Respond to Bids in

COMMBUYS:

Dates and Times Available:

6/1/2023 – 10am 6/21/2023 – 1pm 7/06/2023 -1pm https://attendee.gotowebinar.com/register/7927808020926360409 https://attendee.gotowebinar.com/register/7927808020926360409 https://www.mass.gov/doc/vendor-training-schedule/download https://www.mass.gov/doc/vendor-training-schedule/download

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 2

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.

Bid Amendment Deadline. Bid documents will not be amended after this date.

06/26/23

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

7/25/23, 2:00 PM

Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

08/22/23

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

10/01/23

*See Appendix 2, "Training for Vendors Responding to Bids On COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-training-schedule/download 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.

1.2.1 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.

https://www.screencast.com/t/GMJLKkilF12

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 3

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

1.2.2 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.

1.2.3 Bidders Conference

The Bidder’s 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.

Bidder attendance is 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.

1.2.4 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.

1.2.5 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.

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration:

The initial term of this Contract is three (3) years and four (4) months. In addition, this Contract has one (1) renewal option for three (3) years with a maximum possible contract duration of six (6) years and four (4) Months.

1.3.2 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid for the state of Massachusetts is $46 million dollars and for the state of Connecticut is $49.5 million. Neither the Commonwealth nor Connecticut make any 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 all quarters of FY 2019 through FY2022 and Q1, Q2, & Q3 of FY2023.

State of Connecticut eligible entities from FY2017- FY2022.

1.3.3 Estimated Number of Awards

There is no target maximum number of Contractors. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, and adequate sales volume.

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 4

1.3.4 Adding Contractors after initial Contract Award

If, over the life of the Contract, the SST determines that additional Contractors should be added to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

1.3.5 Acquisition Method(s):

Check All Applicable (“X”):

Category

Fee-For-Service

Error!

Bookmark not defined.

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other:

1.3.6 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 with no prior approval by the State Purchasing Agent;

• The State of CT

• 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.

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 Procurement Exclusions for Massachusetts

• Digital Duplicating Supplies are available through ITC80 or replacement contract: Copiers, Printers, Scanners and Related Devices and Services

• Multipurpose Copy Paper including 25% Cotton Bond Paper is available through OFF47 or replacement contract: Office Supplies, Recycled Paper and Envelopes

• Audiovisual Equipment, Supplies & Services are available through OFF50 or replacement contract: Audio, Video, Multimedia Presentation Equipment and Services

• School & Office Furniture which is available through OFF38 or replacement contract: Office, School and Library Furniture, Accessories & Services

• Outdoor furniture is available through FAC104or replacement contract: Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service.

https://www.mass.gov/service-details/non-profit-purchasing-programs

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 5

• IT Hardware and Services is available through ITC73 or replacement contract: Computers, chrome books, IPad etc. & accessories.

• Cleaning products, equipment and/or supplies are available through FAC118 or replacement contract:

Environmentally Preferable Cleaning Products, Equipment and Supplies

• Any items requiring installation to a permanent/fixed structure.

• Additional items reviewed during the term of the contract that overlap a statewide contract.

Procurement Exclusions for Connecticut

• Multipurpose Copy Paper and Toner is available through Contract #18PSX0032| Office Supplies, Toner, and Cut Sheet Paper

• Audiovisual Equipment, Supplies & Services is available through Contract #19PSX0015|Audio Visual Equipment

• Classroom and School Furniture is available through Contract #15PSX0041 |Classroom and School Furniture

• Office Furniture is available through Contract #16PSX0190 | Freestanding Office, Lounge, Dormitory and Residential Furniture

• Outdoor furniture is available through Contract #17PSX0081 |Playground, Recreation and Park Equipment

• Athletic Equipment and Supplies is available through Contract #18PSX0319 |Purchase of Athletic Equipment and Supplies

• Computer Hardware is available through Contract #13PSX0280 |Minnesota NASPO ValuePoint Computer Equipment

• Any items requiring installation to a permanent/fixed structure.

• Additional items reviewed during the term of the contract that overlap an existing contract.

For more information regarding the above listed contracts for the state of Connecticut please go to Connecticut’s Department of Administrative services website

3 BIDDER QUALIFICATIONS

3.1 Company experience

3.1.1 Business background

Bidders must complete the Bidder Response Form. The bidder shall submit on the Bidder Response Form a profile of the firm’s operations, including but not limited to the years the bidder has been in business a minimum of two years is required. The Bidder Information should include any company experience as it relates to large commercial or government accounts, number of employees, and a brief description of available service

3.1.2 Years in the industry of the Bid

Bidders must have been in the business of providing sales of Art and Instructional School Supplies for at least the two most recent consecutive years prior 2021 - 2023 to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than two 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.

https://portal.ct.gov/DAS/CTSource/ContractBoard

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 6

3.2 Continuity of Operations Plan (COOP)

Bidders will indicate whether there is a written Continuity of Operations Plan (COOP) in their bid response. If required by the purchasing entity, bidders may be asked to provide a copy.

3.3 Emergency Response Capabilities

The Bidder’s Response should indicate whether there is a written Supply Chain Continuity Plan that describes how the company will continue to do business with Commonwealth Agencies and other Eligible Entities in a variety of different conditions; including a natural disaster, a pandemic, an economic crisis, or any other critical situation that could disrupt the Bidder’s usual supply chain and potentially impact the Bidder’s ability to provide products to Commonwealth Agencies and other Eligible Entities, within the expected timeframes. As well as provide details of their emergency contact information.

3.4 Financial stability including bankruptcy, litigation, and contract default

Bidders are required to submit, as a part of this RFR submission, a certification from the Commonwealth of Massachusetts’ Department of Revenue which indicates that the Bidder is compliant with their fiscal obligations.

3.4.1 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.

3.5 References and reference information and/or requirements

It is desirable that Bidders have successfully held contracts of a similar type and magnitude and have a history of good performance. A minimum of three (3) business reference letters from customers who used the services within the categories currently bid on must be provided with bid response. The reference letters should be from institutional accounts, or from customers in Massachusetts if available. It is important that a valid email address and phone number be provided for each business reference. Representatives of the following organizations will not be acceptable as references:

• The Massachusetts Operational Services Division (OSD) or any OFF51 SST Members.

• The SST reserves the right to contact references on an as-needed basis

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 Commodity Specifications

4.1.1 Category 1: Instructional Supplies

This includes but is not limited to awards, backpacks, book covers, dry erase boards, lesson plan and record books, research books, classroom decorations, Allen Diagnostic Resources, subject matter materials (ex. Math, Science, Social Studies learning tools, games, and educator resources)

This excludes multipurpose copy paper, office supplies, and recycled paper and envelopes that can be purchased through the OFF47 contract.

4.1.1.1 Warehousing of Instructional Supplies

Contractor(s) must have and maintain an adequate inventory in a contractor-operated location to provide delivery of all items covered under contract.

4.1.1.2 Distribution of Instructional Supplies

The awarded contractor(s) is required to provide catalog distribution to all contract customers at no additional charge. All orders placed shall be accepted by the contractor(s) between the hours of 8:00 a.m. and 5:00 p.m.

EST, Monday through Friday, except for legal holidays. Contractors that offer additional hours above and beyond these times should state additional hours of operation in their proposal response.

4.1.2 Category 2: Arts & Crafts Supplies

This includes but is not limited to paints and stains, canvas, pallets, brushes, scrapbooking supplies, wood crafts, holiday crafts, arts and crafts easy packs, coloring and drawing supplies, craft foam, modeling supplies, fabrics, tile and mosaics, sand art supplies, clay and mosaics, beads and jewelry making supplies, yarn.

4.1.2.1 Warehousing of Arts & Crafts Supplies

Contractor(s) must have and maintain an adequate inventory in a contractor-operated location to provide delivery of all items covered under contract.

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 7

4.1.2.2 Distribution of Arts & Crafts Supplies

The awarded contractor(s) is required to provide catalog distribution to all contract customers at no additional charge. All orders placed shall be accepted by the contractor(s) between the hours of 8:00 a.m. and 5:00 p.m.

EST, Monday through Friday, except for legal holidays. Contractors that offer additional hours above and beyond these times should state additional hours of operation in their proposal response.

4.1.2.3 ACMI Certification

The following products will be required to have ACMI certification: all crayons, all markers, highlighters, and all paints.

4.1.3 Category 3: Recreational Supplies

This includes but is not limited to sports and PE easy packs, baseball, basketballs, footballs, jump ropes, lawn games, exercise and play mats, field day supplies, coach and instructor resources, sports storage & carts, board games, ping pong tables, dumbbells, weight racks, medicine balls, bike racks.

Any equipment that requires installation is excluded from this contract as noted in the exclusion listings. Section 2.1, 8th bullet in both MA & CT's exclusion list

4.1.4 Category 4: Therapeutic Supplies

This includes but is not limited to cognitive, sensory stimulation, music therapy supplies, senior activity supplies, social emotional learning (SEL) supplies, weighted blankets, movement, and exercise therapy supplies.

4.1.5 Eligible brands and models

The use of the name of a manufacturer or of any make, model or brand in describing an item does not restrict proposers to that manufacturer or specific article unless limited by the term "no substitute". However, the article being offered must be of such character and quality so that it will serve the purpose for which it is to be used equally as well as that specified, and the proposer shall warrant to the State that it is fit for that purpose.

Comparable items must clearly state the exact article being offered including all applicable options and the proposer shall furnish such other information concerning the article being offered as will be helpful in evaluating its acceptability for the purpose intended. If the proposer does not indicate that the article offered is other than as specified, it will be understood that the proposer is offering the article exactly as specified. Proposers must submit complete documentation on the specifications and quality levels of the proposed products. RFPs submitted that do not contain this documentation are subject to rejection.

4.1.6 Additional Value

Bidder may provide examples of unique/alternative products that they offer within the scope of this contract. This information should be entered into the Bidder Response Form under the Bidder Profile & Qualifications tab section 13 Additional Value.

4.1.7 Delivery Terms

Delivery must be made at no extra cost, with no minimum requirements, all orders shall be Free On Board (FOB) destination with freight included. All orders must be delivered within 24 to 48 hours after order confirmation. All deliveries shall be performed during regular working hours, usually 8:00 AM to 5:00 PM EST/EDT Monday through Friday. Contractors that offer additional hours above and beyond these times should state additional hours of operation in their proposal response. Changes may be granted with written approval of the Eligible Entity. It is highly desirable that all in-stock orders be processed and shipped within 24-48 hours after receipt of order, with a 95% fill rate. If an item is not in-stock and the contractor must fill the order by drop-shipment, it is highly desirable that the delivery be made within 5 business days after receipt of order. If items must be drop-shipped directly from the manufacturer, those items will be subject to the manufacturer’s lead times for shipping and contractors are required to notify the customer with an estimated ship date. If the ship date is not satisfactory, the customer has the right to notify the contractor that they wish to cancel that portion of the order without penalty.

Awarded contractor(s) must have the ability to pack and mark orders for specific classrooms or individual teachers in “teacher-packs” as defined by each ordering customer. The awarded contractor(s) must have the ability to hold orders and delay shipment during typical school breaks (summer, winter, and spring) at the request of the ordering customer. The contractor(s) is required to provide written order cut-off and guaranteed shipment dates as part of their proposal response. There shall be no additional teacher pack, or pallet charges; and no additional charges will be accepted for inside deliveries. All orders shall be labeled and packaged adequately to insure safe handling and proper delivery. There may be multiple drop points within each delivery location that could encompass either desktop or departmental deliveries or both. If an item is out of stock, an acceptable alternative

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 8 is provided within the original delivery timeframe. If such arrangements cannot be made, the contractor must make every effort to have the item delivered as soon as possible. Contractors may be penalized in the performance measures for each time a stocked item is not delivered within the required deadlines unless an acceptable alternative delivery time is available. In this event, the alternate delivery time should be documented by the contractor in writing and submitted as part of the semi-annual report. Contractors must coordinate delivery time with the contract user, if requested.

Awarded Bidders must adhere to established security and/or property entrance policies and procedures established for Eligible Entities facilities. It is the Awarded Bidders responsibility to adhere to those policies and procedures prior to any attempt to enter the premises. The Awarded Bidder must be prepared to supply a list of driver's names and any other background information if requested by any eligible entity for security clearance into the various locations throughout the state. If the contractor uses an independent company to satisfy delivery requests, the contractor is responsible for ensuring that the delivery company coordinates with the contract user.

Late deliveries or deliveries that cannot be made within the above guidelines may be canceled at no cost to the Commonwealth.

4.2 Returns/Disposal

Products returned because of quality problems, duplicated shipments, outdated products, damaged items, etc., shall be picked up by the contractor within five (5) business days after notification, with no restocking charge, and shall be replaced with specified products or the ordering entity shall be credited/refunded for the full purchase price.

Products ordered in error must be returned for credit within fifteen (15) days of receipt. Products must be in resalable condition (original container, unused). The contractor may not charge for such returns. There shall be no restocking charges.

4.3 Warranties

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 who purchased the item. Returning of the defective item will be done so at the expense of the vendor.

4.4 Geographic coverage

Bidders must have product available and be able to deliver it statewide for Massachusetts and Connecticut.

Link to Map of Massachusetts: https://www.sec.state.ma.us/cis/cispdf/county_map.pdf

Link to Map of Connecticut: https://portal.ct.gov/-/media/DEEP/gis/Resources/IndexCountyTLpdf.pdf

4.5 Ordering and Quotes

Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote.

Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

4.6 Environmental Specifications

In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to https://www.sec.state.ma.us/cis/cispdf/county_map.pdf https://portal.ct.gov/-/media/DEEP/gis/Resources/IndexCountyTLpdf.pdf https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://malegislature.gov/Bills/192/S9

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 9 assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

4.6.1 Environmental Benefit Claims/Labeling

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. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

Vendors claiming environmental benefits of their products shall list the appropriate benefits or industry standard it meets in the quarterly sales reports, if applicable, or on separate annual reports.

4.6.2 Required Environmental Specifications

A number of environmental product or service specifications have been designated as either mandatory or desirable for the Product/Service category by the EPP Program through EO 515 and can be viewed in the Minimum Environmentally Preferable Products and Services Specifications Guide at https://www.mass.gov/doc/minimum-environmentally-preferable-products-and-services-specifications-guide/download. The following products will be required to have ACMI certification: all crayons, all markers, highlighters and all paints. All statewide and executive department contracts are required to use these standards, unless otherwise noted in the RFR.

4.6.3 Desirable Environmental Specifications

Bidders are highly encouraged to offer a robust selection of products with third-party environmental certifications, environmental standards, and other environmentally preferable characteristics and may receive additional evaluation points. Bidders must identify products that meet environmentally preferable options in the price sheets

Environmental Third-Party Certifications

• ACMI Approved

• Biodegradable Products Institute (BPI)

• Consortium for Energy Efficiency (CEE)

• Cradle to Cradle (C2C)

• Design Lights Consortium (DLC)

• Electronic Product Environmental Assessment Tool (EPEAT)

• EPA ENERGY STAR

• EPA WaterSense

• Forest Stewardship Council (FSC)

• Good Environmental Choice Australia

(GECA)

• Green Circle Certified

• Green Screen Certified

• Green Seal

• Green Squared

• IDA Dark Sky Approved

• International Living Future Institute - Declare

• Level - BIFMA

• Organic Materials Review Institute (OMRI)

• Scientific Certification Systems (SCS) Indoor Advantage Gold

• Smart Certified (SMaRT)

• Sustainable Forestry Initiative (SFI)

• TUR Rheinland Green Products Mark

• UL EcoLogo

• UL GREENGUARD Gold

• US EPA Safer Choice

• USDA Biopreferred Program

• USDA Certified Biobased

• Vincotte Environmental Standards

• EPA Comprehensive Procurement Guidelines for Recycled Content

Environmental Characteristics

• Solar

• Battery electric

• Battery powered

• Nitrile

• Pollinator friendly products

• PVC free

• Rechargeable

• Rechargeable batteries

• Remanufactured

• Re-refined

• Reused

• Solar

• Waterless https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides https://www.mass.gov/doc/minimum-environmentally-preferable-products-and-services-specifications-guide/download https://www.mass.gov/doc/minimum-environmentally-preferable-products-and-services-specifications-guide/download

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 10

4.6.4 Bidder Current Environmental Practices Form

Bidders must complete the Environmental Practice Form tab on the Bidder Response Form and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify, however, bidders must substantiate all answers to receive additional points.

4.6.5 Environmental plan

Awarded Bidders must agree to work with OSD and the SST to examine the feasibility of implementing an environmental plan throughout the life of the contract. Such a plan may include, but not be limited to, implementing energy initiatives, adopting, and implementing sustainability policies or third-party standards and/or certifications, or publicizing their environmental initiatives. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Bidders may include written proposals submitted as an attachment to their Quote detailing a commitment to action contingent upon receipt of a Contract award.

4.7 Compensation Structure/Pricing

Compensation will be based solely on the pricing submitted by the Bidder and accepted by the SST. Pricing must be submitted for all goods and services to be provided on this Statewide Contract. Pricing will be published on

COMMBUYS.

Pricing for OFF51 will be a percentage off MSRP. Bidders will be required to complete the pricing tab in the Bidders Response Form for each category they wish to bid on, and if awarded, will become the catalog for the awarded vendor. The following will be required in the category pricing tab: Manufacturers Number, Product Description, Unit of Measure, Environmentally Preferred Product (EPP), EPP certification/standard/characteristic, MSRP, Discount % off, price after discount.

4.7.1 COMMBUYS Setup

When obtaining quotes or purchasing under this contract, COMMBUYS will have a Master Contract MBPO that will contain all applicable contract documents including, but not limited to, the RFR, Contract User Guide and vendor price files. For each category of the contract, there will be a Solicitation Enabled MBPO which will be used for obtaining quotes and additionally, each vendor will have an MBPO to use for purchases from that vendor.

Additionally, vendors are encouraged to offer these products through a G2B Punchout catalog.

4.7.1.1 Volume purchase discounts (VPD)

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

4.7.1.2 Dock Delivery Discounts (DDD)<Delete if N/A>

Dock Delivery shall mean delivery to the door or loading platform of the Eligible Entity’s place of business with no additional services provided by the vendor. Liability for product delivery will remain with the contractor until properly accepted and signed for by the Eligible Entity.

4.7.2 Prompt Pay Discount

All Bidders 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.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, 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 offer a PPD 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 the Bidder’s Quote.

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 11

5 SUPPLIER DIVERSITY PLAN (SDP)

Program Background

Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

Financial Commitment Requirements

All Bidders responding to this solicitation are required to make a meaningful financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of any contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract.

The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/supplier-diversity-office

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 12

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility

The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract if the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements

All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

• Already certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the SBA Veteran Small Business Certification (VetCert) directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, then the Contractor must find alternative SDP Partners to meet their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee can be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable that Bidders provide an SDP Focus Statement that describe the bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

• A clearly stated purpose or goal.

• Specific types of diverse and small businesses targeted.

• Which departments/units within the business are responsible for implementing supplier diversity.

• Types of opportunities for which diverse and small businesses are considered.

• Specific measures/methods of engagement of diverse and small businesses.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://nmsdc.org/mbes/mbe-certification/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified file:///C:/Users/bborchrote/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/002B2JQ1/www.mass.gov/sdo https://www.mass.gov/forms/take-the-certification-self-assessment

RFR OFF51 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86686 Page 13

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