OFF53 RFR~1.pdf

Document Sensitivity Level: High during development; Low once published. Template v 4.0.0

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Office Supplies, Recycled Paper and Recycled Envelopes

Agency Document Number: OFF53

COMMBUYS Bid#: BD-24-1080-OSD03-OSD03-92740

November 30, 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 OFF53: Office Supplies, Recycled Paper and Recycled Envelopes

Revision History

Version Number

Date Author Brief Description

1.0 11/30/2023 NSantana Initial release

REQUEST FOR RESPONSE OFF53: Office Supplies, Recycled Paper and Envelopes

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

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

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 BUSINESS BACKGROUND

3.1.2 YEARS IN THE INDUSTRY OF THE BID

3.2 EMPLOYEE AND/OR BUSINESS TECHNICAL/BUSINESS EXPERIENCE, CERTIFICATIONS, LICENSES

3.3 CONTINUITY OF OPERATIONS PLAN (COOP)

3.4 INSURANCE REQUIREMENTS

3.5 FINANCIAL STABILITY INCLUDING CERTIFICATE OF FINANCIAL GOOD STANDING,

BANKRUPTCY, LITIGATION AND CONTRACT DEFAULTS

3.5.1 CERTIFICATE OF FINANCIAL GOOD STANDING

3.5.2 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

3.6 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 COMMODITY SPECIFICATIONS

4.1.1 CATEGORY 1: OFFICE SUPPLIES

4.1.2 CATEGORY 2: RECYCLED COPY AND PRINT PAPERS

4.1.3 CATEGORY 3: RECYCLED PLAIN AND PRINTED ENVELOPES

4.2 DELIVERY TERMS

4.2.1 DELIVERY HOURS

4.2.2 ADHERENCE TO DELIVERY SCHEDULES

4.2.3 DELIVERY QUALITY STANDARDS

4.2.4 DELIVERY SLIPS

Table of Contents Page ii

4.3 BACKORDERED ITEMS

4.4 DISCONTINUED ITEMS

4.5 INVENTORY MANAGEMENT

4.6 ORDER FILL RATE: CATEGORY 1 ONLY

4.7 PRODUCT RETURNS

4.8 WARRANTIES

4.9 SECURITY POLICIES

4.10 GEOGRAPHIC COVERAGE

4.11 ORDERING AND QUOTES

4.12 ENVIRONMENTAL SPECIFICATIONS

4.12.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

4.12.2 APPLIANCE EFFICIENCY STANDARDS

4.12.3 REQUIRED ENVIRONMENTAL SPECIFICATIONS

4.12.4 COMPLIANCE VERIFICATION OF ENVIRONMENTAL SPECIFICATIONS

4.12.5 ENVIRONMENTAL PRACTICES FORM

4.12.6 ENVIRONMENTAL PLAN

4.13 COMPENSATION STRUCTURE/PRICING

4.13.1 PRICE SHEETS

4.13.2 ONLINE ORDERING WEBSITE/ PUNCHOUT

4.13.3 VOLUME PURCHASE DISCOUNTS (VPD)

4.13.4 DOCK DELIVERY DISCOUNTS (DDD)

4.13.5 PROMPT PAY DISCOUNT

4.13.6 AUTHORIZED PRICE CHANGES

5 SUPPLIER DIVERSITY PLAN (SDP)

5.1 PROGRAM BACKGROUND

5.2 FINANCIAL COMMITMENT REQUIREMENTS

5.3 ELIGIBLE SDP PARTNER CERTIFICATION CATEGORIES

5.4 ELIGIBLE TYPES OF BUSINESS-TO-BUSINESS RELATIONSHIPS

5.5 PROGRAM FLEXIBILITY

5.6 SDP PLAN FORM REQUIREMENTS

5.7 EVALUATION OF SDP FORMS

5.8 SDP SPENDING REPORTS AND COMPLIANCE

5.9 SDP SPENDING VERIFICATION

5.10 PROGRAM RESOURCES AND ASSISTANCE

6 EVALUATION CRITERIA

6.1 MANDATORY REQUIREMENTS

6.2 ALTERNATIVES

6.3 EVALUATION COMPONENTS

6.4 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

Table of Contents Page iii

7.2.1 FILE SIZE LIMITS

7.2.2 FILE FORMAT RESTRICTIONS

7.2.3 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 SINGLE POINT OF CONTACT

8.3.3 REPLACEMENT OF CONTRACTOR STAFF

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

CONTRACT

8.4 VENDOR RELATIONSHIP MANAGEMENT

8.5 PERFORMANCE MEASURES

8.5.1 CONTINUED QUALIFICATION BASED ON PERFORMANCE

8.5.2 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

8.6 REPORTING REQUIREMENTS AND DUE DATES

8.6.1 REPORTING AND PAYMENT DUE DATES

8.6.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

8.6.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

8.6.4 AUDIT

8.6.5 OTHER TERMS

8.6.6 AD HOC REPORTS

8.7 PAYMENT RELATED TERMS

8.7.1 BILL PAYMENT

8.7.2 LATE PAYMENT FEES

8.7.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.7.4 CREDITWORTHINESS

8.7.5 TAX EXEMPTION

9 RFR APPENDICES

9.1 APPENDIX 1: PRODUCT SPECIFICATIONS

9.2 APPENDIX 2: REQUIRED TERMS FOR ALL STATEWIDE RFRS

9.2.1 APPLICABLE PROCUREMENT LAW

9.2.2 GENERAL PROCUREMENT INFORMATION

9.2.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

Table of Contents Page iv

9.3 APPENDIX 3: INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

10 GLOSSARY

RFR OFF53 COMMBUYS BID NUMBER BD-24-1080-OSD03-OSD03-92740 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the OFF53 Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Office Supplies, Recycled Paper and Recycled Envelopes. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace OFF47. The Contract will also be available for use by other Eligible Entities.

This contract will have the following categories:

• Category 1A and Category 1B Office Supplies o Category 1A: Market Basket Items o Category 1B: Non-Market Basket Items (Full Catalog)

• Category 2: Recycled Copy and Print Papers

• Category 3 Recycled Plain and Printed Envelopes

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) to strengthen the markets for these materials which are collected in municipal and business recycling programs, reduced toxic chemicals, make more efficient use of our natural resources, reduce waste, and serve as a model for public and private institutions.

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure September 6, 2023

Bid Release Date November 30, 2023

Bidders Conference (if applicable) December 12, 2023 at 10am

Registration Link:

https://us02web.zoom.us/meeting/re gister/tZYldOCqpzIuHNU-a_A9zDRd-jt94MfHUWZI

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

December 15, 2023 at 2:00PM

Official answers for Bid Q&A published (Estimated)

December 20, 2023

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

December 21, 2023

1:00PM – 2:30PM

January 9, 2024

1:00PM – 2:30PM

Online Webinar:

This interactive webcast provides instructions on several activities:

Locating and responding to bids;

Using the bid Q&A feature; Creating https://us02web.zoom.us/meeting/register/tZYldOCqpzIuHNU-a_A9zDRd-jt94MfHUWZI https://us02web.zoom.us/meeting/register/tZYldOCqpzIuHNU-a_A9zDRd-jt94MfHUWZI https://us02web.zoom.us/meeting/register/tZYldOCqpzIuHNU-a_A9zDRd-jt94MfHUWZI

RFR OFF53 COMMBUYS BID NUMBER BD-24-1080-OSD03-OSD03-92740 Page 2 a quote response; Revising a Quote response. Access the webcast here.

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

December 22, 2023

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

January 24, 2024 at 2:00PM Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

March 5, 2024

Completion of Online Catalogs (Estimated) May 1,2024

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

April 1, 2024

Note: See Appendix 3 "Instructions for Vendors Responding to Bids Electronically through COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-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.

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

https://www.screencast.com/t/GMJLKkilF12 https://www.mass.gov/doc/vendor-schedule/download

RFR OFF53 COMMBUYS BID NUMBER BD-24-1080-OSD03-OSD03-92740 Page 3

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

Attendance is 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 five (5) years. In addition, this Contract may be reopened at any time after the first initial year of the contract if it is determined that the needs of the Commonwealth have not been met. This contract has a maximum possible contract duration of five (5) years. There are no options for renewal.

1.3.2 Estimated Value of the Contract

The estimated value of purchases resulting from this Bid is $56 million. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for all quarters of FY 2020 through FY 2023.

1.3.3 Estimated Number of Awards

There is no predetermined maximum number of awards for this procurement. Bidders will be selected for award once the established evaluation criteria are met.

1.3.4 Adding Contractors after initial Contract Award

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

RFR OFF53 COMMBUYS BID NUMBER BD-24-1080-OSD03-OSD03-92740 Page 4 discretion of OSD. During the contract reopening period, the evaluation criteria for determining the outcome of bids will be the same as used under the RFR process for OFF53.

1.3.5 Acquisition Method(s):

Check All Applicable (“X”):

Category

Fee-For-Service

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; and

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

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

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 Procurement Exclusions

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): ITC80

• Janitorial cleaning and related supplies: FAC118 (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 FAC118 specifications or any updates to these specifications.)

• Foodservice supplies and equipment: GRO40

• Food and beverages: GRO38 https://www.mass.gov/service-details/non-profit-purchasing-programs

RFR OFF53 COMMBUYS BID NUMBER BD-24-1080-OSD03-OSD03-92740 Page 5

3 BIDDER QUALIFICATIONS

Bidders must meet the qualifications stated within this RFR and must maintain their qualifications for the duration of the resulting contract, if any. In addition, Bidders must submit a completed Bidder Response Form with their Bid.

3.1 Company experience

3.1.1 Business background

The Commonwealth of Massachusetts is looking for bidders whose primary business function is to supply the sales of Office Supplies, Recycled Paper and Recycled Envelopes.

3.1.2 Years in the industry of the Bid

Bidders must have been in the business of providing the goods and services offered under this bid for at least the two (2) most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than two (2) 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.

3.2 Employee and/or business technical/business experience, certifications, licenses 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 and recycled content paper supplies for purchase by all Eligible Entities during the life of the contract. The certifications must meet the following requirements, failure to comply with the certification requirement may result in the rejection of the response.

• 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-24-1080-OSD03-OSD03-92740”, and the Bid Category (Category 2: Recycled Copy and Print Papers).

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

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 the 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:

• Wastewater – 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).

https://www.mass.gov/regulations/310-CMR-7000-environmental-results-program-erp-certification https://www.mass.gov/how-to/submit-a-compliance-certification-printer

RFR OFF53 COMMBUYS BID NUMBER BD-24-1080-OSD03-OSD03-92740 Page 6

3.3 Continuity of Operations Plan (COOP)

In a declared state of emergency where the safety and wellbeing of citizens are at risk, contractors may be asked to supply the purchasing entity with the commodities and/or services under the Statewide Contract on a priority basis.

The Bidder’s Response should 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. In addition, the Bidder should supply a list of emergency contact information including name, position/title, phone, email, and cell phone.

This information will not be considered in the evaluation of the Quote.

3.4 Insurance Requirements

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, Contract Manager and Eligible Entities reserve the right to request a copy of insurance at any time throughout the life of the contract to check that the awarded contractor and any subcontractors follow this requirement. Bidders must submit a Certificate of Insurance (COI) with their response that shows all the above policies are in place and active.

3.5 Financial stability including Certificate of Financial Good Standing, bankruptcy, litigation and contract defaults

3.5.1 Certificate of Financial Good Standing

Bidders must provide a Certificate of Financial Good Standing from the Department of Revenue (DOR). Visit DOR website https://www.mass.gov/info-details/dor-certificate-of-good-standing-andor-corporate-tax-lien-waiver-faqs for more information.

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

3.5.2 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.

3.6 References and reference information and/or requirements

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 2 (two) years immediately preceding the RFR submission deadline and exceeded $5,000 in sales annually. No more than two references may be from a Commonwealth of Massachusetts 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 may be negatively impacted. The SST may contact any reference for clarification or further questions as needed, and it is the Bidder’s responsibility to facilitate their responsiveness if needed or provide a substitute reference. The SST reserves the right to utilize information gathered from references, historical information or other sources when scoring response.

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 Commodity Specifications

4.1.1 Category 1: Office Supplies

This category includes all office-supply-related products 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.

https://www.mass.gov/info-details/dor-certificate-of-good-standing-andor-corporate-tax-lien-waiver-faqs

RFR OFF53 COMMBUYS BID NUMBER BD-24-1080-OSD03-OSD03-92740 Page 7

All products offered under this category must meet all specifications as outlined in Appendix 1: Product Specifications. It is the intent of the Commonwealth to make available on this contract as many environmental and climate preferable products as possible. Bidders must be able to provide pricing and supply products for all line items detailed in the Category 1- Price Sheet.

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

4.1.1.1 Category 1: Office Supplies Quantity Limits

Contractors awarded in Category 1 are allowed to sell only limited quantities of recycled copy paper and unprinted envelopes. For recycled copy paper, limited quantities are defined as up to 39 cases of paper and may be modified at the discretion of the SST and OSD Contract Manager. For unprinted envelopes, limited quantities are defined as up to 5 (five) cases of envelopes per order. Awarded contractors must impose quantity limits on all sales of these two item types for any purchases made under this contract. At any time during the life of this contract, the SST and OSD Contract Manager may conduct an audit of sales to verify vendor compliance with these limitations. Non-compliance of these limits is subject to review and possible corrective action and/or suspension.

4.1.2 Category 2: Recycled Copy and Print Papers

This category includes all recycled copy and print papers including, but not limited to: copy and office paper, carbonless, cover, vellum Bristol, rag, flat stock, label stock and roll stock.

All paper offered under this category must meet all specifications as outlined 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 in this category, including that the paper is of archival quality. If a change in “house brands” is requested, Bidder must provide documentation to the OSD Contract Manager for approval.

Specialty Papers: The paper merchant must be able to provide a quote for specialty papers not listed in the Category 2 Price Sheet that meet the same product specifications and 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: If 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, Bidders must provide all necessary information on the alternative in the Category 2 Price Sheet, under the Proposed Alternatives tab.

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.

4.1.3 Category 3: Recycled Plain and Printed Envelopes

This category includes all recycled plain and printed envelopes including, but not limited to: plain and printed white and Kraft envelopes.

All envelopes must meet all specifications in Appendix 1: Production Specifications. Bidders must be able to provide pricing and supply products for all line items detailed in the Category 3 Price Sheet.

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Specialty Envelopes: The envelope manufacturer must be able to provide a quote for all specialty envelopes not listed in the Category 3 Price Sheet that meet the same product specifications and terms and conditions listed in this RFR. The prices quoted will be negotiated between the Eligible Entity and the Contractor(s).

Bidders are responsible for advising the 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.

4.1.3.1 Category 3: Minimum Order Quantities

The minimum order for printed stock envelopes will be one (1) carton.

4.2 Delivery Terms

Statewide Awarded Contractors must be able to provide delivery throughout the Commonwealth of Massachusetts, including the islands. If the Contractor uses a subcontractor to satisfy delivery requests, the Awarded Contractor is responsible for ensuring that all delivery drivers hold a valid driver’s license, are CORI/SORI checked and that the subcontractor coordinates with the contract user for delivery specifications. All delivery vehicles must be registered and insured.

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 awarded Contractor(s) use an independent subcontractor to satisfy delivery requests, it is understood that said Contractor accepts responsibility for ensuring the delivery company will coordinate with the contract user on all delivery terms as outlined in this RFR. The awarded Contractor is responsible for all violations and penalties if the delivery subcontractor is not performing to the terms of this contract. All delivery drivers must be CORI/SORI checked by the Contractor.

4.2.1 Delivery Hours

All deliveries shall be performed during regular business hours unless otherwise specified by the Purchasing Entity and written approval is received by the Contractor. Regular business hours are Monday through Friday between 8:00 AM and 5:00 PM, excluding Local and State Holidays. Delivery hours may vary between Eligible Entities and must be properly identified and mutually agreed upon prior to deliveries being made.

4.2.2 Adherence to Delivery Schedules

Contractors must adhere to the following delivery schedules for the categories in which they bid. In the event a Contractor cannot deliver within the time frames allowed for each 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 does not adhere to the mutually agreed upon schedule, a penalty of $100.00 per day/per violation may be imposed. Late deliveries or deliveries that cannot be made within the below guidelines may be canceled at no cost to the Eligible Entity.

4.2.2.1 Category 1 Delivery Schedule

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.

4.2.2.2 Category 2 Delivery Schedule

All deliveries must be made within two (2) business days of the order placement, or per a delivery schedule mutually agreed upon by the Eligible Entity and the Contractor, except as provided below for specialty paper and roll stock.

Specialty paper: All deliveries must be made within fifteen (15) business days of the order placement, or per a delivery schedule mutually agreed upon by the Eligible Entity and the Contractor.

Roll Stock: All deliveries of white, standard roll 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.

Specialty Roll Stock: All deliveries of specialty and/or colored roll stock must be within fifteen (15) business days of the receipt of the order, unless mutually agreed upon by the Eligible Entity and the Contractor.

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4.2.2.3 Category 3 Delivery Schedule

For plain stock envelopes, all deliveries must be made within two (2) business days of the order placement or per a delivery schedule mutually agreed upon by the Eligible Entity and the Contractor. For printed stock envelopes, all deliveries must be made within seven to ten (7-10) business days of the order placement 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.

4.2.3 Delivery Quality Standards

All delivered products must be received in first-class condition at the point of delivery, and in accordance with good commercial practice. If a shipment is accepted and subsequently found to be incomplete, incorrect, or the product is 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.

4.2.4 Delivery Slips

The Contractor must furnish a delivery slip or adequately label shipping cases with all essential information to ensure all items ordered have been delivered. Delivery slips may be accepted electronically if specified by the Eligible Entity. Delivery slips should contain, at a minimum, the following: shipping address, order date, itemized list of shipped items, PO number and purchasing entity contact information.

Shipping cases must show the name of the Contractor, 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.

Contractors must maintain delivery documentation for all ordered placed as a result of the Contract for a minimum of eighteen (18) months after deliveries have been made. The SST, Contract Manager and Eligible Entities reserve the right to request a copy of delivery records during this time.

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

4.3 Backordered Items

Category 1 – Office Supplies: Contractors must automatically deliver all backordered items as soon as the items become available. If a Contractor cannot deliver the backordered item(s) within three to five (3-5) 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. The Eligible Entity’s approval of the backorder replacement item is required prior to shipment of the item and should be shipped within two (2) business days of approval. All delivery specifications outlined in this RFR for this category apply to backordered items.

Categories 2 and 3: Contractors must deliver backordered items in a time frame mutually agreed upon by the Eligible Entity and the Contractor. All delivery specifications outlined in this RFR for this category apply to backordered items.

4.4 Discontinued Items

Orders must be filled as submitted unless the item has been discontinued by the manufacturer and is not available for shipment. If an item is removed from the catalog for being discontinued, documentation from the manufacturer must be provided by the vendor. No other items may be removed from the catalog without prior approval by the OSD Contract Manager or the SST.

Any proposed substitute product must be approved by the Purchasing Entity prior to shipping the order. The proposed substitute item must be of equal or better quality at an equal or lower price. If the proposed substitute item is a lower price, that lower price must be reflected on the invoice. If samples are available and requested by the Eligible Entity, the Contractor should provide the item at no additional charge. If the Contractor must charge a fee for the sample, the price must be negotiated between the Contractor and Eligible Entity before any item is shipped.

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 of notification by the Purchasing Entity. No restocking fees will be charged for unapproved substitute items.

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4.5 Inventory Management

Items provided by a Contractor must be in accordance with those contained in the contract award. Contractors are authorized to ship and supply only those items covered by the contract. Contractors are not allowed to provide any products that are not on the approved product list. If a review of orders placed by any Eligible Entity reveals that items other than those 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 for these items will be required. The Contractor must remove the specified commodity from their catalog and website if directed to do so by the OSD Contract Manager. Contractors may also be subject to suspension for a period of time, contract termination, or other penalties as applicable.

The SST reserves the right to remove any commodity from the contract at any time. Items may be added or restricted from this contract based on environmental health or environmental considerations at the discretion of the SST or by notice of Eligible Entities to the OSD Contract Manager and review by the SST.

4.6 Order Fill Rate: Category 1 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. Failure to meet this performance measurement may will result in contract suspension for a period of time, contract termination, or other penalties as applicable.

4.7 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 by the Contractors and credited to the Purchasing Entity within five business days at no cost to the Eligible Entity. No restocking fees will be charged.

4.8 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 Purchasing Entity. Returning of the defective item will be done at the expense of the Contractor.

4.9 Security Policies

Contractors must adhere to established security and/or property entrance policies and procedures that are 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 it, for security clearance. All Contractor vehicles are subject to inspection upon entering and leaving all facilities. All contractor vehicles must have up to date inspections and be properly insured, refer to Section

3.4 of this RFR for insurance requirements.

4.10 Geographic coverage

Awarded Bidders must ensure complete coverage throughout the Commonwealth of Massachusetts.

4.11 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.

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4.12 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 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.

4.12.1 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.

4.12.2 Appliance Efficiency Standards

Pursuant to G.L. c. 25B, the Department of Energy Resources (DOER) has adopted regulations at 225 CMR 9.00, for testing the energy efficiency of certain appliance and lamps therein. Products covered by this regulation may not be shipped for sale in Massachusetts unless they have been certified by the DOER. Covered manufacturers must certify Covered Products to DOER in the Northeast Energy Efficiency Partnerships State Appliance Standards Database which can be found at https://neep.org/SASD. Products not certified are prohibited under this contract.

4.12.3 Required Environmental 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 corrective action including but not limited to 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).

It is desirable that such products also meet the following certifications:

• UL Ecologo

• 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 that offer equivalent products may be asked to provide documentation of compliance with the specifications during the bid evaluation process.

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 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/regulations/225-CMR-900-appliance-energy-efficiency-standards-testing-and-certification-program https://www.mass.gov/regulations/225-CMR-900-appliance-energy-efficiency-standards-testing-and-certification-program

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