Premix RFR.docx

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT)

HIGHWAY OPERATIONS

10 PARK PLAZA

BOSTON, MA 02116

REQUEST FOR RESPONSE (RFR)

DOCUMENT TITLE: Pre-mixed Sodium and Calcium Chloride COMMBUYS Bid#: BD-17-1030-0H100-0H099-15374 Document # / Project Info #: 100234 Release Date: 04/21/17

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

Document Sensitivity Level: High during development; Low once published. Template v 8.1

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

RFR Introduction and General Description Procurement Scope and Description The Massachusetts Department of Transportation (MassDOT) seeks vendors to furnish and deliver Pre-Mixed Sodium and Calcium Chloride.

Applicable Procurement Law This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 Number of awards MassDOT intends to make multiple awards. MassDOT reserves the right to make a single award if it is MassDOT’s best interest to do so.

Adding Contractors after initial Contract award If, over the life of the Contract, MassDOT determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of MassDOT, the Bid may be reopened to obtain additional vendors.

Eligible Entities Any contract resulting from this Bid will be open for use by the Issuing Entity as well as the following other entities:

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

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

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

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

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

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

9. Other states and territories with prior approval by the State Purchasing Agent; and

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

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

Acquisition Method(s) The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchase.

Contract Duration

The length of the contract, specifically the contract start date, is dependent upon receiving properly executed award paperwork from the bidder. If award paperwork is received late, the full contract length may be less than indicated above. The contract end date shall remain the same for all vendors. No agreements for services may be executed after the Contract has expired.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $1,000,000.00 for the initial duration. MassDOT makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels. The estimated value for this Bid was based on spending on previous, similar contracts.

Estimated Procurement Calendar

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

Amendment Deadline MassDOT 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. MassDOT and MassDOT accepts no responsibility and will provide no accommodation to Bidders who submit a Bid based on an out-of-date posted information or on information received from a source other than COMMBUYS.

performance specifications All Pre-Mixed Sodium and Calcium Chloride shall conform to the following specifications:

The material shall be a completely uniform and free flowing blend of dry sodium chloride by weight and dry calcium chloride by weight. The mechanics of mixing shall be any device of the vendor’s choosing which can manipulate the specification ingredients to the satisfaction MassDOT and satisfy the sampling tests all as hereinafter described. No lumps of either ingredient shall be allowed to process and screens for such restraint shall be adapted to the process if required by the Purchaser. The material shall be mixed at a ratio of four (4) parts dry sodium to one (1) part dry calcium chloride by weight.

Sodium Chloride The Sodium Chloride, after pre-mixing, shall conform to ASTM specification D632-00 unless hereinafter specified otherwise, and shall have a minimum sodium chloride content of 97.0%.

Grading of Sodium Chloride The Sodium Chloride shall be in form of deep mined rock salt with a moisture content not exceeding 1.0% and shall conform to the following requirements for particle size, when tested by means of laboratory sieves:

Sieve Analysis:

Screen Size Acceptable passing rate

Note: Detailed requirements for these sieves are given in the Standard Specifications for sieves for Testing Purposes (ASHTO Designation M92-42).

Calcium Chloride All Calcium Chloride shall conform to the requirements of ASTM Designation D98-59, Type 1 and the following:

Chemical Composition Type 1

Grading of Calcium Chloride The Calcium Chloride shall conform to the following requirements for particle size when tested by laboratory sieves:

Sieve Analysis

Screen Size Acceptable Passing Rate

Optional Chemical Composition

Sampling-Testing and Delivery of Pre-Mixed Sodium and Calcium Chloride

All mixing for sampling must be done indoors. All sampling and testing for gradation, purity and ingredient ration shall be made in accordance with current ASTM methods. All sampling shall be in accordance with current Massachusetts Highway Department policy as outlined in the latest Commonwealth of Massachusetts Department of Public Works Material Manual. The latest edition of the Department’s Material Manual is available at the State House book Store.

Ingredient ratio tests will include but will not be limited to E.D>T.A. titration and/or the Standard Quantitative Alcohol Method. Use of freight car weights (attested bills of lading) for determination of ingredient ratio may be used, at the option of the Departments Research and Materials Engineer, where such data is available and substantial. Every facility shall be provided to the Department, should the Research and Materials Engineer elect to have his representative sample the material at the vendor’s plant or storage area, or after delivery directly from the freight car or truck. The stipulated quantity of Calcium Chloride, either one part by weight of the mixture with two parts of Sodium Chloride or one part by weight of the mixture with four parts of Sodium Chloride shall be a minimum quantity. Any minus deviation shall be treated as outline in this section under Material Rejection and/or monetary penalties.

Material Control If the Sodium or Calcium Chloride fails to meet the minimum chemical purity requirement of this Section, the material shall be rejected by the purchaser or liquidated damages may be assessed against the Contractor as outlined under material rejection and/or monetary penalties. The material, if not received in free flowing usable condition (.i.e., caked or sticky) shall be stored separately until a test for conditioner (as outlined in the following section) can be run. If the test fails, then the Contractor shall remove the material at its expense. Any material that does not meet specifications and is rejected by the purchaser must be removed and replaced by the Contractor at no additional charge within fourteen (14) calendar days. Any materials not removed within fourteen (14) calendar days of notification will become the sole property of the purchaser. The Contractor loses all right to those materials and will not receive any payment for rejected materials.

Sodium Chloride Conditioner for Bulk Sodium Chloride In order to prevent caking while in storage following delivery, all bulk Sodium Chloride must be treated with a Sodium Chloride Conditioner prior to delivery. The Conditioner shall be introduced uniformly throughout the Sodium Chloride at a rate of two tenths of a pound (0.2-lb.) of conditioner per ton of Sodium Chloride.

The treated Sodium Chloride shall pass the following tests in order to conform to the Department requirements:

2500 grams of treated rock salt shall be placed into a 6”x6” tinned metal pail, with perforated bottom for drainage. The rock salt shall then be moistened with 3.4 fluid ounces of water and allowed to air-dry at room temperature for twenty-four (24) hours. The pail containing the treated rock salt shall then receive five (5) cycles of thirty (30) minutes in a room at 98% relative humidity followed by air-drying for twenty-four (24) hours at room temperature. The rock salt shall then be moistened with another 3.4 fluid ounces of water and allowed to dry at room temperature for twenty-four (24) hours. The pail of rock salt shall then receive five (5) more cycles as before. At the end of this treatment, the treated salt must show no signs of caking. Bidders shall submit a certificate giving the trade name of the conditioner used, and the name of the manufacturer.

Material Rejection and/or Monetary Penalties The Department reserves the right to assess liquidated damages as hereinafter described or to reject any Pre-mixed Sodium and Calcium Chloride which is found to be substandard by deficiency in the prescribed calcium chloride ratio. In instances of delivered mixture which is found to have less than the specified calcium chloride content of one (1) part by weight to four (4) parts by weight sodium chloride, there shall be an assessment of $15.00 per ton for each one (1) percent or portion thereof that the calcium chloride is below the required ratio. The purchaser reserves the right to completely reject any material found to be deficient in ration, or not received in a free flowing, usable condition (caked or sticky). If either the sodium or calcium chloride supplied for or already in the mixture should fail to meet the minimum chemical composition requirements, there shall be an assessment against the Contractor of monetary penalties and the payment voucher shall be reduced by a value corresponding to double that percentage which the chloride content is found to be below the minimum allowable, or be rejected at the option of the purchaser.

Inspection of Product Prior to award of contract, MassDOT shall have the right to sample and analyze the pre-mixed Sodium and calcium Chloride that is being proposed for delivery. A representative sample of this material must be stockpiled at the Bidder’s supply area prior to the opening of Bids. An on-site visit may be required by MassDOT after the awards are made. If Pre-mixed Sodium and Calcium Chloride from more than one source of supply is being stockpiled in the Bidder’s supply area, each source must be kept separate by no less than fifty (50) feet at all times. MassDOT shall reject any bid if the Pre-mixed Sodium and Calcium Chloride intended for supply fails any of the designated requirements of this RFR. Due to the essential nature of this work, timely delivery of Pre-mixed Sodium and Calcium Chloride is critical. Therefore MassDOT may reject Bids in consideration of the distance (over 75 miles) between stockpile locations and the Bidder’s Supply Areas.

Rejection of Product The Pre-Mixed Sodium and Calcium Chloride shall be rejected for delivery if it fails to conform to any of the requirements of the specifications, or if it is delivered in a frozen, lumpy or otherwise unsatisfactory condition. Any material that does not meet specifications and is rejected by MassDOT must be removed and replaced by the Contractor at no additional charge within five (5) calendar days. Any materials not removed within five (5) calendar days of notification will become the sole property of MassDOT. The Contractor loses all right to those materials and will not receive any payment for rejected materials.

Applicable MassDOT Specifications All pertinent provisions of the Department’s 1995 Standard Specifications for Highway and Bridges as applicable and not being in conflict with these Special Provisions shall govern. The Department’s 1995 Standard Specifications for Highways and Bridges is available at the State House Book Store in Boston.

Evidence to Provide Awarded Items Prior to a contract award for this RFR, contractors may be required to present evidence to MassDOT that they have the necessary equipment, storage facilities, experience, ability, and capital to furnish the required materials in the manner prescribed and to perform the required work satisfactorily. MassDOT reserves the right to visit Contractor’s facility(s) and to inspect all materials, tools and the process of providing and or processing Pre-Mixed Sodium and Calcium Chloride at any time prior to or during the contract term as well as conduct tests on the Pre-Mixed Sodium and Calcium Chloride to determine the quality of the products submitted.

Samples for Contract Award Bidders may be required to submit samples to facilitate the testing process, at no cost to MassDOT. MassDOT also reserves the right to make site inspections before or after making the contract award. (see additional requirements under “Inspection of Product”).

Source of Supply and Quality MassDOT reserves the right to require approval of the source of supply for any product to be incorporated into the work prior to delivery or manufacture.

Any bid for this contract shall be accompanied by written certification from the bidder’s supplier, guaranteeing adequate supply and prompt shipments for the term of the contract. If a bidder is its own producer, a statement to that effect must be included in the bid. Any bid, which does not contain one of these two requirements, shall not be given consideration.

Chapter 7, Section 22, Clause 17, of the Massachusetts General Laws, as amended, shall apply to the purchase by the Contractor of supplies and products to be used in the execution of this Contract. The rules referred to require a preference in the purchase of products, other considerations being equal, in favor first, of supplies and products manufactured and sold within the Commonwealth, and second, of supplies and products manufactured and sold within the United States.

If at any time, a bidder has not made satisfactory progress, he shall increase his efforts to such an extent as may be deemed necessary by the Contract Manager. If at any time, the Contract Manager shall be of the opinion and shall so certify in writing to a contractor that the work or any part thereof is unnecessarily or unreasonably delayed (delivery required within ten (10) days from receipt of order), or has violated any of the provisions of these Specifications, the Department may notify the contractor and the Department may cancel outstanding orders. In such a case, MassDOT shall not be liable for any expense suffered by the contractor as a result of its action and the contractor shall be prohibited from further performance under the terms of his bid as it may specify.

Pricing Vendor must sell to MassDOT at the lowest price possible.

Best and Final Offers MassDOT reserves the right to request a Best and Final Offer (BAFO).

Contract Renewal Pricing The contract prices for any renewal periods or term may be negotiated and shall be mutually agreed upon by MassDOT and the Contractor. MassDOT will entertain proposals for line item by line item price increases consistent with and relating to price changes originating with the manufacturer and/or transportation rates. Proposals for such price changes must be fully and properly documented and if approved shall be firm for the contract extension period. Any increases may not exceed the published PPI index at the time of the request. MassDOT reserves the right to negotiate price adjustments with the Contractor during the contract term for reasons associated with circumstances beyond the control of the Contractor. Proposals must be received 45 calendar days prior to the contract anniversary or extension date. The Contractor must submit a formal request for an increase to the MassDOT contract manager.

Proposals for price adjustments must include, but are not limited to:

· Identified price increase and their source, e.g., raw material, freight, fuel, labor.

· Copies of business publication(s), market quotations, or the trade journals generally recognized as representative of the trade or industry that indicate market trends for the Contract Commodities.

· Copies of old and new price lists, if applicable, reflecting price changes. ·

The requested price change will contain the requested effective date. In the event that MassDOT rejects the price change, the Contractor may continue to perform under the extension option.

MassDOT reserves the right to negotiate pricing and product specifications at any time during the contract period for the best interests of MassDOT. MassDOT reserves the right to request additional information. MassDOT reserves the right to reject any requested price increases which they deem excessive. MassDOT also reserves the right to negotiate decreases in pricing.

Payment Invoices submitted by the Contractor shall be for the entire delivered quantity of an order. Invoices must be presented for payment within 10 business days after delivery of the product has been made.

Orders All Pre-Mixed Sodium and Calcium Chloride will be ordered on an as needed basis. Vendor must be able to supply product for delivery within 96 hours after receipt of an order. In some instances there may be a need for a delivery on the same day order has been placed. Vendor must work with MassDOT in this type of situation to ensure compliance, this should not be the normal situation; all MassDOT areas should try to plan ahead for their needs. Vendors will be required to deliver products to the specific location within a District, location will be determined by MassDOT and Vendor will be notified of the delivery location when the order is placed. All product ordered will be delivered to Maintenance areas, which may consist of one or more stockpile depots, the locations of which are shown in detail on Attachments D. All bidders must submit attachment C Bidders Stockpile locations and if necessary provide information with their bid showing the location(s) of any additional sources of supply and shall notify MassDOT of any new source it intends to use during the contract period. Due to the essential nature of this work, timely delivery of Pre-Mixed Sodium and Calcium Chloride may be critical. Therefore, MassDOT may reject bids in consideration of the distance (over 75 miles) between Stockpile locations and the Bidder’s Supply area.

Delivery Requirements Deliveries to all locations will only be accepted Monday through Friday, excluding State and Local Holidays, between the hours of 7:30 am and 3:00 pm unless prior arrangements have been made and agreed upon with MassDOT.

Vendors shall be responsible for the furnishing and delivery, of Pre-Mixed Sodium and Calcium Chloride and for all shipping charges that may be incurred. Products that do not conform to the specifications or are not in good condition upon receipt shall be replaced promptly by the vendor. All products shall be delivered by truck unless otherwise specified by the procuring department. When Roadway materials are shipped by truck directly to a MassDOT storage area, a numbered delivery slip for each load shall be provided. The delivery slip (for weighed material) shall be mechanically printed from a meter equipped with an automated printing system. Hand written delivery slips for weighed materials will not be accepted. All vendors shall be responsible for accidents and environmental hazards in connection with the delivery of Pre-Mixed Sodium and Calcium Chloride. Prices must remain firm for the initial contract duration of 2 years. In the event that the contract is extended, contract renewal prices may be negotiated.

The Pre-Mixed Sodium and Calcium Chloride must be transported from the contractor’s facility in vehicles previously cleaned of all foreign materials. All Pre-mixed Sodium and Calcium Chloride must be covered during transit with canvas or other suitable material of sufficient size and thickness to furnish complete protection and must be delivered in a dry condition. Deliveries that do not conform to the specifications or are not in good condition upon receipt shall be replaced promptly by the contractor.

Deliveries shall consist of bulk, tailgate delivery, Bulk tailgate delivery is defined as delivery of Pre-Mixed Sodium Calcium Chloride in trucks to the indicated location and dumped in a pile as directed by MassDOT, with MassDOT furnishing all labor and equipment necessary to place or stock the Pre-Mixed Sodium and Calcium Chloride.

Pre-Mixed Sodium and Calcium Chloride that is shipped by truck directly from the mine or mill or Contractor’s storage area, must be accompanied by a numbered delivery slip for each load bearing the following information for determining the quantity of product to be paid for:

Material, Gross Weight, Contractor’s Name, Purchase Order #, Loading Point, signature of Sworn Weigher, Truck Reg. #, Tare Weight, Net Weight, Date, Delivery Point.

The delivery slip shall be mechanically printed from a scale equipped with an automated printing system. Hand written delivery slips are not acceptable. MassDOT shall have the right to make spot checks of the weight of the Pre-mixed Sodium and Calcium Chloride by weighing the truck before and after delivery. No truck will be required to travel more than three (3) miles to the inspection area from the normal route as determined by the Contractor. Pre-mixed Sodium and Calcium Chloride that is trucked from a railhead, a copy of the Original Bill of Lading (uniform or straight) having on its face an attestation to the individual cars by number and weight as signed by a sworn weigher or other responsible agent, shall be furnished to MassDOT and shall constitute the basis of weight for payment. Submission of copies shall indicate the freight car and material content responsible to the purchaser and if more than one purchaser is involved. Copies with such respective indication shall be afforded each purchaser. A representative of the purchaser shall furnish a slip to the driver of each load showing the truck number, the car number and payment voucher number. This slip shall be left at the delivery point. At no time shall deliveries from a vendor be made without proper MassDOT representation. Where Pre-mixed Sodium and Calcium Chloride are mixed at the rail siding, Sworn Truck Weights must be provided to the purchaser to insure fulfillment of this contract and to constitute basis for payment. A representative of MassDOT shall furnish a slip to the driver of each load showing the truck number, the car number and payment voucher number. This slip shall be left at the delivery point. At no time shall deliveries from a railhead be made without proper MassDOT representation.

The Contractor’s scale used in weighing shall be a standard scale furnished by and at the expense of the Contractor. Such scales shall be sealed as often as necessary to insure their accuracy, at the expense of the Contractor. A representative from MassDOT may witness the weighing of such materials.

Pre-Mixed Sodium and Calcium Chloride delivered shall be the actual weight in tons determined on a sealed scale provided by the bidder at the plant. Vendor shall furnish duplicated delivery slips with each load of Pre-Mixed Sodium and Calcium Chloride on which will be indicated the gross, tare, and net weights and which the weigher shall sign.

Main Facility Operations

· Regular inspections of pollution control equipment by qualified company personnel, utilizing gas analyzer(s) to control combustion efficiency, etc.

· Disposing of the material collected by control devices in an environmentally sound manner.

· Improvements to the physical site of the facility resulting in improved air quality, including but not limited to grading, tree planting, planting of grass/shrubs and flowerbeds, paving facility truck access routes, parking and other areas to reduce dust.

· Utilizing Best Management Practices (BMP) to control rain run-off, dust control wash down, facility equipment wash down.

· Using one or more of the following on the vehicles owned, operated and/or serviced by the facility: environmentally preferable (e.g. non-petroleum-based, reduced toxicity) truck bed release agents, re-refined motor oil, recycled antifreeze, retread tires.

Auxiliary Operations

· Using recycled content paper for marketing materials, order slips and other literature;

· Implementing a program for the collection and recycling of paper, packaging, and/or other materials generated at the facility and offices.

Permits / State Regulations Contracts shall at all times be in compliance with MassDOT’s hauling permit requirements when traveling on all MassDOT roadways. (MassDOT’s Permit Division can be contacted for information).

State Regulations pertaining to overweight vehicles will be strictly enforced. MassDOT will not pay for that portion of any load, which exceeds the maximum allowable gross vehicle weight load limit.

Compliance with Laws and Regulations Contractor shall keep fully informed and comply with the provisions of all applicable federal, state, and local laws, rules and regulations which in any manner affect this Contract and those engaged or employed to provide the services described herein. Contractor shall indemnify, protect, defend and hold harmless MassDOT, its members, officers, employees, and agents from all fines, penalties and liabilities imposed on MassDOT under any such laws, rules and regulations, when the imposition of same is attributable to the failure of the Contractor to keep fully informed and to comply with its obligations in this regard.

Payments Invoices submitted by the Contractor shall be for the entire delivered quantity of goods supplied. All pricing on invoices must be listed per ton with a total for quantity delivered.

Invoices must be presented for payment within 10 business days after final delivery of the goods.

MassDOT will only be responsible for materials ordered by an agent of MassDOT. The Commonwealth shall not be responsible for materials ordered by any other Entity, Authority, Municipality, City or Town, etc.

Account Manager The Account Manager shall be responsible for oversight and management of contract performance, shall act as the contact person for receipt of notice and other communications between the Commonwealth and the supplier. The Account Manager must respond within 24 hours to the Commonwealth.

The Bidder must provide in its Response the name of at least one individual who will be the Account Manager for the contract term. This Account manager will be responsible for:

· Proper operation and administration of the Contract by the Contractor.

· Responding in a timely manner and in writing unless instructed otherwise, to all information requests from the Contract Manager.

· Supplying information and serving as liaison between the Contractor and MassDOT.

MassDOT’s Contract Manager may require the Contractor to relieve the Account Manager if in his/her opinion it appears that:

· The Account Manager does not support the contract requirements.

· The Account Manager does not deliver work which conforms to the requirements stated in this contract.

· Issues occur with the Account Manager that hinders effective functioning of the Contract.

Customer Satisfaction It is required that the Contractor maintains customer satisfaction in the following areas:

· Delivery of goods will be as specified in this RFR.

· Product Support Record Keeping All reports, notes, calculations, estimates, and other documents, data, models or information prepared by the Contractor pursuant to the scope of services and specifications shall become the property of MassDOT, who shall have an unlimited right to use, duplicate or disclose such data or materials, in whole or in part, in any manner for any purpose whatsoever, and to have or permit others to do so. Contractor shall maintain books, records, and other compilations of data pertaining to the performance of the provisions and requirements of this Agreement to the extent and in such detail as shall be properly substantiate claims for payment under this Agreement.

All such records shall be kept for a period of seven (7) years or for such longer period as is specified herein. All retention periods start on the first day after final payment under this Agreement. If any litigation, claim, negotiation, audit or other action involving the records is commenced prior to the expiration of the application retention period, all records shall be retained until completion of the action and resolution of all issues resulting there from, or until the end of the applicable retention period, whichever is later.

Report Compliance The Contractor must send a weekly report of deliveries to the MassDOT’s Statewide Snow & Ice Engineer in Boston and the District Snow & Ice Engineer in which the District where the Pre-mixed Sodium and Calcium Chloride is delivered. The information provided will be an Exel spreadsheet of quantities and locations of deliveries. Each District will provide the contact information for these reports when setting up delivery schedules after Contract Awards have been made.

Performance Criteria Each contractor’s performance will be evaluated on an ongoing basis and these evaluations will be utilized in determining whether or not to extend the contract.

At times a representative of MassDOT may find it necessary to inspect the materials, methods, and equipment used and vendor shall notify MassDOT of the manufacturing schedules to enable proper inspection during production.

Contractors shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the prior written consent of MassDOT. All assignments or transfers of any rights or interests in the contract by the Contractor shall be void, without the prior written consent of MassDOT.

Contract performance will be measured on an annual basis or as determined by MassDOT. If a Contractor has not performed as required by the contract terms and conditions, corrective action will be taken by MassDOT.

Non-Compliance of Contractor MassDOT reserves the right to supplement purchases by soliciting another awarded Contractor or a bidder associated with this RFR in the event that the Awarded Contractor is unable to maintain adequate delivery schedules, non-delivery or the products being delivered do not meet required specifications. When an Awarded Contractor does not comply with the contract, the Awarded Contractor shall be responsible for any additional cost incurred and expense suffered by the MassDOT as a result of its action. An Awarded Contractor may be prohibited from further performance under this contract by MassDOT for any case stated above.

Preparation and Execution of Bids The Bidder is responsible for performing any investigation or research regarding all conditions affecting the work to be done and labor and material needed, and make his Bid in sole reliance thereon.

Bidder’s Liability The Bidder hereby agrees in its bid to indemnify MassDOT for the payment of any other claims or demands of whatever nature, which may arise, during the performance of work under any order issued pursuant to a contract awarded under this Request for Response.

The Bidder hereby agrees to release MassDOT from all liability in connection with the payment of damages, claims, freight charges, demurrage, cost of material and other claims or demands of whatever nature which may arise, during the Contractor's performance of work under any order issued pursuant to a contract awarded under this Request for Response.

The Bidder agrees that title, ownership and the incidents thereto of all products to be purchased under any contract resulting from this Request for Response shall not vest in MassDOT until such material are delivered to and accepted by MassDOT.

Subcontracts Prior approval from MassDOT is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Contractors shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not as assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the prior written consent of MassDOT. All assignments or transfers of any rights or interests in the contract by the Contractor shall be void, without the prior written consent of MassDOT.

Cancellation of Contract MassDOT reserves the right to terminate contracts upon a thirty (30) day written notice or terminate contracts IMMEDIATELY if the Contractor does not conform to the terms and conditions of the contract or breaches any material element of the contract.

Audit During the term of this Agreement and for a period of six years thereafter, MassDOT, its auditors, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Service Provider's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Service Provider has underpaid MassDOT, then the Service Provider shall remit the underpayment and be responsible for payment of any costs associated with the audit.

Preparation and execution of bids The Bidder is responsible for performing any investigation or research regarding all conditions affecting the work to be done and labor and material needed, and make his Bid in sole reliance thereon.

Each Bidder shall submit with its bid evidence that it has the necessary equipment, storage facilities, experience, ability and capital to furnish the required products in the manner prescribed and to perform the required work satisfactorily.

Evaluation criteria Price will be heavily valued in the evaluation criteria. SDP will account for 10%. MassDOT reserves the right to request clarification of Responses following the bid submission, and to determine that any non-compliance is insubstantial, can be corrected, or that an alternative proposed by the Contractor is acceptable.

Award and rejection of bids MassDOT reserves the right to award by product, group of products or total bid. MassDOT further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of the Commonwealth. MassDOT reserves the right to reject awarding a contract due to unacceptable past performance by a Contractor. The Contract Manager and MassDOT shall have the final authority in selecting the product categories to be awarded.

Instructions for Execution and Submission of Forms The purpose of this appendix is to provide guidance to Bidders on the MassDOT Standard forms to be submitted (in addition to the other forms and documents required) and how they must be executed and submitted. Please note that these instructions are meant to supplement the Instructions found on each of these forms. It is advisable to print this document first so that it may be referenced when filling out these forms.

To Be Submitted with Bid Bid Response Form RFR Submission Checklist / First Page of Vendor Response Form MassDOT seeks to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist. By submitting the RFR Submission Checklist with a response, Bidders agree to all specifications for this Solicitation, including the RFR and all the documents within all the tabs, including the Specifications tab.

Page 2 - 3 of Bid Response Form Certification from Supplier Scan a written certification form your supplier guaranteeing adequate supply of products.

Data Sheets Scan copies of Product Data Sheet and SDS Sheet for Pre-mixed Sodium and Calcium Chloride.

Scan of Insurance Scanned Copies of 3 References and reference information and/or requirements Provide three (3) scanned copies of commercial or governmental client references from other agencies, not from MassDOT. A reference letter shall be submitted on client’s letterhead by the Bidder. The reference letter shall include the name, address, contact person, telephone number, length of service and a description of the goods and services that the Bidder provided to the client. It is required that the client references demonstrate the Bidder’s ability to perform a project of similar size, nature and complexity as that described in this RFR. Specifically, references should address quality of product, customer service, bidder’s abilities to address and resolve problems and overall value the bidder brought to client. References must be for clients or customers to whom goods and services were provided within three (3) years prior to the RFR Response due date. Additionally, business references are required to be recipients of Bidder business services with whom there is or has been a standing business relationship of one (1) year or greater duration. A Bidder’s prior business relationship with the Commonwealth will also be considered in this section, whether offered as a reference or not. Poor prior performance may result in no points being awarded in this section. MassDOT reserves the right to contact the reference if necessary.

Prompt Payment Discount Form Complete as directed below; include with online submission. Ink signature is not required. Pursuant to the Prompt Payment Discount terms set forth in the RFR Required Specifications for Statewide Contracts and on the Prompt Payment Discount Form itself, all Bidders must execute this form. After entering the “Bidder Name” and “Date of Offer for Prompt/Early Payment Discount”, the Bidder must identify the prompt payment discount(s) terms by indicating the “Percentage Discount off of the Proposed Pricing” and the “Turn-around-time for Payments.” In the event of a hardship that prevents the Bidder from offering a prompt payment discount, the Bidder must document this fact and provide supporting information. If awarded a contract, the final negotiated Prompt Pay Discounts should be reflected on the Commonwealth Standard Contract Form.

Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment Massachusetts Executive Order 524 established the Supplier Diversity Program within the Supplier Diversity Office of the Operational Services Division in order to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). More recently, Executive Order No. 546 established the Service-Disabled Veteran Owned Business Enterprise Program (“SDVOBE Program”), which is designed to promote access and equity of opportunity to Commonwealth business opportunities to SDVOBE qualifying businesses. As a result, M/WBEs and SDVOBEs are strongly encouraged to submit bid Responses to this RFR, either as prime vendors, joint venture partners or subcontractors. All Bidders, regardless of their certification status, are required to submit a completed SDP Plan Form #1 – SDP Plan Commitment as part of their Response for evaluation. It is required that Supplier Diversity Program participation accounts for no less than 10% of the total points in the evaluation.

The SSST requires Bidders to make a significant commitment to partner with certified Minority-, Women-, and Service-Disabled Veteran-Owned Businesses in order to be awarded a Contract. Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with a Certified Partner(s), using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract. Please note that no Bidder will be awarded a Contract unless and until they submit a completed SDP Plan Form #1.

After contract execution, if any, Service Providers must submit a completed SDP Plan Form #2 – Declaration of SDP Partners, which can be found under the specifications tab of the solicitation, identifying a Certified Partner(s) no later than 30 days after contract execution. Service Providers may defer identification of their SDP Partner(s) by checking the box in Part II, thereby acknowledging their SDP Plan commitment. Failure to submit a completed SDP Plan Form #2 by the deadline may result in penalties including contract suspension, termination, and/or award to the next apparent successful bidder.

An SDO-certified (formerly SOMWBA-certified) Bidder may not list itself or an affiliate as being a Supplier Diversity Partner to its own company.

Once an SDP Plan is submitted, negotiated and approved, the SSST will then monitor the Service Provider’s performance.

There are resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners.

Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the SDO webpage.

The Supplier Diversity Program offers training on the SDP Plan requirements as well as a SDP Webinar.

Complete as directed; include with online submission. Ink signature is not required. The specific Supplier Diversity Program (SDP) requirements for this procurement can be found earlier in this document.

Executive Order 515, Establishing an Environmental Purchasing Policy / EPP Plan Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program.

Bid Spreadsheet Submit pricing for each cell highlighted in yellow in column J. For example, the Pricing for J3 is for all three locations of 1A. Verify Stockpile location and Quarry Location in columns K and L.

Forms to be submitted only Upon Award Some of the forms listed below can be electronically signed by the Bidder, see Electronic Signatures. However, online Bidders must, if notified of Contract award, submit the following four (4) forms on paper with original ink within the timeframe referenced in the RFR section entitled Ink Signatures:

MassDOT Standard Contract Form If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

By executing this document or signing it electronically, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation with MassDOT. Also, the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by MassDOT and included as part of the Contract upon execution of this document by MassDOT.

If the Bidder does not have a Vendor Code beginning with “VC,” or does not know what their Vendor Code…