Request for Response_TRD02.docx

REQUEST FOR RESPONSE

Tradesperson Installation, Repair and Maintenance Services RFR #_TRD02__ / COMMBUYS Bid# BD-17-1080-OSD03-SRC3-13972

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Tradesperson Installation, Repair and Maintenance Services – Specific Trades identified within RFR Agency Document Number: TRD02

COMMBUYS Bid#: BD-17-1080-OSD03-SRC3-13972

March 15, 2017 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.

72-15-23 – Carpentry Services 72-15-00 – Excavation Services 72-15-19 – Masonry Services 72-15-11 – Septic Services

Table of Contents

1. Introduction and Bid Overview The purpose of this Request for Response (RFR) is for the Commonwealth of Massachusetts to establish a statewide contract agreements with multiple Tradesperson Installation, Repair and Maintenance Service companies utilizing five (5) trade categories identified below for installation, repair and maintenance project tasks as defined in section 4.2.

Description or Purpose of Procurement The Commonwealth of Massachusetts Operational Services Division (OSD) and the Tradesperson Strategic Sourcing Service Team (SSST) are soliciting multiple Bidders for the acquisition of Tradesperson Installation, Repair and Maintenance Services, as defined in Section 4.2. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the engagement of services and purchase of goods as they may relate to satisfying various facility operations service’s needs.

The Statewide Contract will also be available for use by other eligible entities identified within this RFR. Each Commonwealth Agency and eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Statewide Contract. Upon award any bidder receiving a contract as a result of this RFR will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

Procurement List of Trades The following is a list of the five (5) Trades that are being bid and will be offered under the Statewide Contract as a result of this Request for Response (RFR) bid. Each trade category has associated specific qualifications criteria to be completed by the Bidder, as required in the accompanying “Bidder’s Response Form”, available on COMMBUYS. Bidder(s) may bid on any or all trades for which that bidder meets the required qualifications.

To respond to this RFR, OSD requires electronic bid submission through its electronic marketplace, COMMBUYS. To submit their bid response, bidder(s) MUST first register their business on COMMBUYS https://www.commbuys.com/bso/ as a registered contractor. Once registered, the contractor may search for the bid, complete and electronically submit the proper “Bidders Response Form” (each trade has a separate individual response form available on COMMBUYS) for the trade for which they are interested in submitting a bid response. Contractors receiving COMMBUYS bid notifications MUST acknowledge receipt of the notification to ensure receipt of further COMMBUYS updates.

The following Trades are being solicited under this RFR:

· Asphalt Paving Services

· Carpentry Services

· Excavation Services

· Masonry Services

· Septic Services

Background information The Tradesperson Installation, Repair and Maintenance TRD02 RFR is being created as a single statewide contract to address the Commonwealth’s needs to procure the identified trade services and the purchase of products as required for associated Installation, Repair and Maintenance at various facilities and properties.

Estimated Procurement Calendar

Training for Online Submission – All Contractors are strongly encouraged to attend training to correctly submit electronic quotes via COMMBUYS OSD’s Training Department has developed a schedule of specialized trainings for responding to the TRD02 Bid. The schedule will is posted as a separate attachment in the Bid with the name How to Locate and Respond to Bids _TRD02. It is strongly encouraged that all interested contractors attend training.

Below is a link to the COMMBUYS Job Aids for Vendors which provides additional guidance to the vendor community on how to submit a response to this bid under the COMMBUYS Bids and Quotes section;

COMMBUYS Job Aids

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.

Submission of Bid Questions The “Bid Q&A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The SSST reserves the right not to respond to late questions. Bidder is responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q&A page.

Questions submitted to the SSST 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 SSST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated. Bidders are encouraged to read through all posted questions and answers before posting a question of their own to avoid duplicate questions.

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

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Bid Amendment Deadline The SSST 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 SSST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Debriefing The SSST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the resulting Master Blanket Purchase Order being posted on COMMBUYS. The SSST will provide debriefing guidelines in advance of each debriefing.

Applicable Procurement Law:

Acquisition Method:

The acquisition method(s) to acquire goods and/or services from this Bid are identified below.

Anticipated Contract Awards:

Check One (“X”):

Estimated Number of Awards The target minimum number of Contractors per trade category per county is three (3). The SSST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

The SSST objective is to identify a panel of qualified contractors to provide adequate coverage and choice for Tradesperson Installation, Repair and Maintenance Services by county throughout the Commonwealth. Bidders electing to service the entire Commonwealth of Massachusetts may receive additional evaluation points for offering service statewide.

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

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

Open Enrollment This is an open enrollment Bid. Proposals may be submitted and may be evaluated by the SSST at any time after the initial submission deadline for up to twelve (12) months. After initial contract awards are made, the SSST reserves the right to begin evaluating submissions periodically, including but not limited to quarterly or semi-annual reviews. After the initial 12 month submission deadline, it is anticipated that the bid will be reopened every three months, for a three month period for the life of the contract. Reopening’s will occur at the discretion of the SSST and are subject to change.

The SSST also reserves the right to suspend the review of additional submissions for specific services categories or geographic regions or close the Bid for new Quotes entirely if it deems that the number of Contractors awarded at that point adequately meets the needs of eligible entities. If, subsequent to such a decision, the SSST determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

Performance and payment time frames which exceed Contract duration All maintenance or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than one (1) year beyond the final termination date of this Statewide Contract. No new maintenance or other agreements for services may be executed after the Contract has expired.

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

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

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

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

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

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

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

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

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

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

Anticipated Contract Duration:

Initial Duration

Four (4) years

Total Maximum Contract Duration

Ten (10) years

Estimated Value of the Contract The “Estimated Value (US$ 28.8 million)” for this Bid was based on the following: Spend information was retrieved for Commonwealth Executive Branch departments only from the Commonwealth’s accounting system using as a reference, the previous and last statewide contract for trades, FAC70, spend data. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

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

Bidder Qualifications Applicable to All Trade Categories Company experience Bidder must have been in the same business for three (3) years prior to the release date of the RFR. If the Bidder has not been in business within the previous three years, please identify all substantial structural changes related to the ownership or management of the business. This includes, but not limited to, merger, acquisition, change in control, bankruptcy. If you have identified any such substantial structural change please explain in detail the reasons for such changes as well as the impact on your company’s ability to provide the services solicited in this RFR.

The SSST reserves the right to request additional information regarding Bidder’s response to this section to ensure that prospective contractors have demonstrated that any such structural changes have not substantially altered the nature of the services being provided or expertise of the Bidder’s management and staff necessary to meet the needs of the Commonwealth.

Financial stability and disclosures The Bidder must disclose as an attachment a summary of bankruptcy, litigation and/or contract defaults in their Bid Submission. In addition, Bidders must submit a Certificate of Good Standing from the MA Department of Revenue (DOR). If the certificate of Good Standing has not been provided by DOR the bidder will be required to submit a COPY of the confirmation from the DOR that the bidder is pending receipt of the certificate. The SST reserves the right to disqualify Bidders if information provided in response to this section represents excessive risk to the Commonwealth.

The SST reserves the right to request additional information regarding information submitted.

Insurance The Contractor must take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage while performing services under this Contract. It is the Contractor's responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Contractor must replace/repair, at the eligible entity’s sole option, any property damages incurred during performance.

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

The Bidder(s) awarded contracts pursuant to this RFR must have the following insurance coverage listed below and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide certified copies of all insurance policies currently in place, including Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as identified below. Upon request, prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide OSD or the eligible entity with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Worker’s Compensation Insurance When signing the Commonwealth Standard Contract Form, provided upon award of a contract for Tradesperson, the Bidder confirms compliance with applicable state and federal employment laws or regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152.

Comprehensive General Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage: bodily injury and death liability; personal injury liability (with no employee exclusion): Independent Contractor protective liability; broad form property damage (with X, C, and U coverage) and contractual liability. This insurance shall not contain a care, custody and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured or as designated and agreed upon by purchasing eligible entity. This insurance shall be written with respect to all coverage, for not less than the following policy limit: one million ($1,000,000) per each occurrence and one million ($1,000,000) aggregate.

Comprehensive Business Motor Vehicle Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible, including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per each occurrence; $1,000,000 aggregate.

The general liability and motor vehicle insurance required by this RFR may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies shall follow form, without exclusions or reductions in coverage over the primary liability insurance policy. All policy limits for insurance coverage required by this RFR shall be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy, and must state that the insurer is liable for payment of amounts within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

References and reference information and/or requirements At a minimum three (3) letters of reference MUST be submitted with bid response from any institutional account, or from the largest customer in MA if available. In addition to the letter a reference form must be completed. The “Reference Form” is available in the attachment entitled “TRD02 Required Forms” on COMMBUYS https://www.commbuys.com/bso/logout.sdo.

Emergency Response Capabilities In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. The Bidder’s Quote should include the following:

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

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

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

· A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region).

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

Service Call Responsibility Contractors must respond to service calls if requested by the Eligible Entity and be available 24 hours per day, 7 days per week, and 365 days per year. Contractors must send a qualified service person to the eligible entity’s location and have a vehicle fully equipped with tools and replacement parts, capable of performing complete diagnosis of equipment and systems and facilitate repairs. Contractor shall document fault incident by entering service call particular details in the maintenance log book for that equipment prior to departing from premises.

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

Service Call Response Time Contractors must respond as requested by the Eligible Entity:

· Emergency Call – Contractor must respond within one (1) hour of initial call as directed by the eligible entity.

· Service Call – Contractor must respond by phone within one (1) day and establish a mutually agreed arrival time at the facility.

The Contractor will assess the problem to the best of the Contractor’s ability over the phone with the Eligible Entity.

Failure to arrive at the Eligible Entity’s location without a qualified service person may be considered an unacceptable service call. Contractors must not charge for an unacceptable service call and the Eligible Entity will not be required to pay for an unacceptable service call.

Product and Performance Specifications Specification Amendments and Service Restrictions At the inception as well as throughout the life of the contract, the SSST reserves the right to amend Service specifications as well as restrict or phase out Service/product used as part of the services, in order to comply with new policies, laws and regulations; minimize human health risks; or in other cases, if in the best interests of the Commonwealth to do so.

Additional required terms are available as an attachment “Bidders Response Form” for each trade in COMMBUYS for this RFR. Bidders must meet and be in full compliance with all Federal, State and Local Laws and Regulations including OSHA Requirements.

Construction Law Compliance All work performed under this contract must comply with the Massachusetts construction laws, M.G.L. c. 149 and M.G.L. c. 30 s. 39M. For reference, see: http://www.mass.gov/ig/publications/guides-advisories-other-publications/procurement-charts-november-7-2016.pdf This contract is to be used for construction, reconstruction, alteration, installation, demolition, maintenance or repair services and, if needed, associated materials. It is the responsibility of the Eligible Entity to consult their legal counsel for assistance determining whether installation work includes construction as defined by M.G.L. c.149 or M.G.L. c.30, §39M. Services provided under this contract (i.e. labor) are limited to $50,000 or less per engagement.

Eligible Entities will be allowed to contract with any contractor under Statewide Contract TRD02 for services for building or public works construction projects estimated to cost less than $10,000 without the need to solicit multiple written price quotations when procuring these services, unless required by the eligible entity’s internal procurement policies and requirements. Eligible Entities must use sound business practices which require a record that includes, at a minimum, the name and address of the person from whom the services were procured.

If using Statewide Contract TRD02 for services for c. 149 building construction or c. 30, s. 39M public works projects estimated to cost between $10,000 and $49,999.00 (this amount is capped for labor only), public agencies will be required to solicit at a minimum responses from at least three (3) TRD02 contractors and MUST receive two (2) written responses, provided that the contract shall be awarded to the responsible person offering to perform the contract at the lowest price quotation. If the project requires additional equipment/parts/materials the costs associated with such equipment/parts/materials may exceed $50,000 cost limit.

In instances where Statewide Contract TRD02 is used for services in excess of $25,000, MGL c. 149, s. 29 payment bonds are required from the selected Contractor. It is the responsibility of the eligible entity to enforce this requirement when soliciting quotes. Eligible Entities may require additional performance and payment bonds from the Contractor, which would be detailed in the Statement of Work.

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

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

The SSST reserves the right to amend these specifications at any time based on changes in construction laws and policies. Contractors will be required to comply with such amended specifications Prevailing Wage Law As a condition of contract award, Bidders must comply with the Prevailing Wage Law, as administered by the Commissioner of Labor and Workforce Development/Division of Occupational Safety (DOS), 399 Washington Street, 5th Floor, Boston MA 02108-5223, (617) 727-3492. All employees of Contractors engaged in these activities must be paid at least these rates for any work performed under a Contract resulting from this RFR when working in a public building or on a public work.

Buyers/Eligible Entities are required to request online prevailing wage rate sheets at http://www.mass.gov/lwd/labor-standards/prevailing-wage-program/ or by calling the Department of Labor Standards at 617 626 6975.

· The wages listed on the wage schedule must be paid to employees on public works projects regardless of whether they are employed by the prime contractor, a filed sub-bidder, or any sub-contractor.

· The wage schedule applies to all phases of the project, including the final clean-up. Contractors whose only role is to perform final clean-up must pay their employees according to this wage schedule.

· All apprentices must be registered with the Massachusetts Division of Apprenticeship Training (DAT) in order to be paid at the lower apprentice rates. All apprentices must keep his/her apprentice identification card on his/her person during all work hours. If a worker is not registered with DAT, they must be paid the “total rate” listed on the wage schedule regardless of experience or skill level.

· Pursuant to MGL.Ch 149 s.27B, every contractor and subcontractor is required to submit a "true and accurate" copy of their weekly payroll records directly to the Eligible Entity. Failure to comply may result in the commencement of a criminal action or the issuance of a civil citation. Failure to comply with payroll records may result in suspension or termination of state contract TRD02.

· Chapter 149, § 27B requires the following information be contained on certified payroll records: For each employee, the name, address, occupational classification, hours worked and wages paid. For each apprentice, in addition to the aforementioned information, a photocopy of the apprentice’s ID card. Example of certified payroll record (report form) http://www.mass.gov/lwd/docs/dos/prevaling-wage/pw-payroll.pdf Installation and training All products/materials shall be new delivered, installed, serviced and ready for immediate use, unless otherwise requested by the purchasing department. Liability for materials remains with the awarded contractor until properly installed in accordance with the purchasing department and Commonwealth Terms & Conditions. The contractor MUST provide minimal training or demonstration where applicable. It is also preferred that contractors use, to the greatest extent possible, products/materials that are environmentally preferable. This includes, but is not limited to, products that help lower energy and water use, have less toxic materials than comparable products, are durable, include recycled content, and reduce waste at the end of its useful life.

Warranties and product support All items purchased under this contract shall be new and include a standard manufacturer’s warranty but in no case shall it be less than one year, unless otherwise agreed to in writing by the eligible entity. If a product is deemed as defective as a result of manufacturer or because the contractor did not install/maintenance/service correctly the contractor must resolve at no cost to the purchasing entity.

Labor Hours Business Hours (excluding holidays) are defined as Monday through Friday 7:00 a.m. – 5:00 p.m. Non-Business Hours are defined as hours not covered under Business Hours. Please note: many state facilities operate “round the clock” (7 days per week/24 hours per day).

Apprentice Labor Rates Bidder is not allowed to add apprentice labor rate(s) unless the Bidder is a participant of the Commonwealth’s Approved Apprentice Program.

OSHA Ten Regulation Bidders must be in full compliance with OSHA 10 Regulation and shall show evidence of having received the OSHA 10 Safety Instruction presentation. All employees of the company providing services at Eligible Entities facilities must possess minimum OSHA 10 certification card.

Provision of Materials Contractor must only provide material/supplies related to the maintenance and repair or other authorized services of the project. Contractor must attach material/supply receipt to invoice showing original price prior to markup cost to the Eligible Entity. It is also preferred that contractors use, to the greatest extent possible, products/materials that are environmentally preferable. This includes, but is not limited to, products that help lower energy and water use, have less toxic materials than comparable products, are durable, include recycled content, and reduce waste at the end of its useful life.

Returns/Recycling/Disposal/ Surplus Property Services and products/materials provided by bidders must meet all federal, state and local standards for quality and safety requirements. Services and products/materials not meeting standards will be deemed unacceptable and returned to a contractor for credit at no charge to the Commonwealth.

It is desirable that all waste materials generated from a worksite be reused, donated (if applicable) or recycled to the greatest extent possible before sending to disposal. Refer to the MassDEP Recycling and Reuse website at: http://www.mass.gov/eea/agencies/massdep/recycle/reduce/recycling-in-my-community.html or the MassDEP Managing Construction and Demolition Waste at http://www.mass.gov/eea/agencies/massdep/recycle/reduce/managing-construction-demolition-wastes.html for additional information.

Service Requirements Preventive Maintenance Contractors may be requested by the Eligible Entity to perform preventive maintenance and repair on equipment or systems including but not limited to: routine testing, cleaning, parts replacement, tune-ups and equipment/systems inspections. All Contractor work must be in accordance with the equipment Manufacturer’s latest maintenance specifications and instructions, unless otherwise indicated by entity. The Contractor acknowledges its understanding that thorough maintenance service (including prompt remedial action to correct problems) is to be provided employing high quality, warranted parts, materials and workmanship needed to sustain peak operating performance.

The Contractor shall not be held responsible for regular “wear and tear” of parts, intentional damage, abuse, misuse, negligence, or theft by persons other than the contractors' employees or those of its subcontractors.

The Contractor and Eligible Entity will work closely together to develop and establish the preventive maintenance terms and conditions. Contractor agreements may not include terms that are inconsistent with this RFR, the Commonwealth’s Standard Contract Form, and the Commonwealth’s Terms and Conditions. Any such terms will be deemed void. The Preventive Maintenance Agreement may include but not limited to:

· Preventive Maintenance schedule(s) Monthly, Quarterly or Yearly

· Preventive Maintenance cost (will be determined on the frequency of schedule of service being performed on the equipment or systems)

· Develop a Preventive Maintenance checklist

· There will be no additional cost for service or PM reports Permits Contractor is responsible for obtaining and submitting all required permits from any Federal, State or Local agency. Contractors are responsible for the payment of all permits. Eligible Entities will not pay for any permits of any kind unless this is otherwise specified and agreed upon by the purchasing entity in writing prior to the start of work.

No Pre-Payments Contractor must not request any form of pre-payments by the eligible entity in the form of deposits, partial payments or scheduled maintenance agreements. Eligible Entities will not pay Contractor until service is completed in a satisfactory manner and signed off by Eligible Entity, unless authorized by the awarding authority prior to the start of work.

No Minimum Charge Contractors are paid only for hours worked on location. Labor charges begin at job location and end at job location. Eligible Entity will not pay for any additional labor charges away from job location.

No Additional Charge Contractors are not allowed to charge for permits, set-up, cleaning, freight, shipping, quotes, travel, transportation, delivery, commuting, fuel, energy, insurances, meals, lodging and/or incidental fees. No surcharges will be allowed throughout the duration of the contract(s) unless this is otherwise specified and agreed upon by the purchasing eligible entity in writing prior to the start of work.

Response to Request for Quotes from Eligible Entities Contractors must respond in writing to all requests for quotes from Eligible Entities. Contractors must respond to Requests for Quotes through the COMMBUYS system, when requested by the eligible entity. Executive Branch Commonwealth Agencies are required to obtain quotes from multiple Statewide Contractors by issuing Closed Bids in COMMBUYS to awarded Contractors. Contractors will be required to use COMMBUYS to submit quotes in response to said Closed Bids. Eligible Entities without a COMMBUYS profile will reach out to the contractor directly for quotes. Contractors are required to submit quotes as requested by the Eligible Entity. When responding to request for quotes, contractors must provide a clear breakdown to the eligible entity of the cost of labor versus materials. All labor costs must be itemized by staff category and hours. Contractors must respond to each Eligible Entities’ scope of work/request for quote, as specified e.g. lump sum, time & material, unit cost or some combination of each. If the Contract Manager is notified multiple times that a contractor is not responding to eligible entities’ requests for quotes, the contractor will be subject to one or more of the following actions:

1. Contract Suspension

2. Contract Termination

3. Point Deduction on Future Bids

4. Compliance with Corrective Action Plan as a Condition of Continued Contract Award If the Contractor is unable to provide the services being requested, the Contractor still must respond to the Eligible Entity that they will not be bidding.

Quality of Service At its discretion, OSD will survey Eligible Entities concerning performance under the contract. If the Contract Manager is notified multiple times that a contractor is providing poor service, one or more of the following actions will be taken on the contractor’s status as statewide contractor:

1. Contract Suspension

2. Contract Termination

3. Point Deduction on Future Bids

4. Compliance with Corrective Action Plan as a Condition of Continued Contract Award Contractor Forms, Contracts and Other Documentation As part of any service agreement, Contractors are prohibited from requiring Eligible Entities to sign any forms, contracts or other documentation that contains any terms or conditions that conflict with the terms of TRD02. Any proposed terms not inconsistent with TRD02 must be mutually agreed to in writing by the contractor and eligible entity. Security Based on applicable security laws, regulations and policies, Eligible Entities reserve the right to require the Contractor to comply with a range of additional requirements or standard operation procedures. Contractors must comply with such security requirements at no charge to the Eligible Entity.

Contractors are required to adhere to security clearances. Background checks, Criminal Offense Record Information (CORI) may be requested at any time by an Eligible Entity for individuals performing any work under this contract. Contractors are not allowed to charge the Eligible Entity for any cost associated with security clearance or down time in processing security clearance.

Safety Policies and Personal Protective Equipment The Contractor must ensure that all parties involved under this contract observe the applicable safety policies and are trained on safe work practices, job hazards, and applicable Eligible Entity standard operating procedures.

The Contractor is responsible for ensuring the safety of their staff by providing the necessary Personal Protective Equipment (PPE). Whenever required, Contractor staff must wear and have PPE in their possession.

When working in schools, it is the Contractor’s responsibility to obtain a copy of the school’s AHERA (asbestos) Management Plan and review it before beginning any work.

Special Conditions Commonwealth Facilities are smoke-free facilities, and smoking is not permitted anywhere on the grounds. Contractors must ensure that any worker or technician assigned to work at these locations is fully educated as to that facility’s regulations and rules.

Some facilities (such as hospitals) will not permit any chemical containing latex to be used in certain areas due to the fact that certain individuals (patients) experience severe allergic reactions to latex based or containing products. Contractors must discuss these types of issues with the facility manager before using any of these products.

The Contractor must submit Material Safety Data Sheets (MSDS) if requested by the Eligible Entity at any time.

Massachusetts Department of Correction special security requirements Department of Corrections Requirements - All bidders wishing to provide services to the Commonwealth’s Department of Correction must agree to all security requirements up to and including the following rules and regulations.

Department of Correction Rules and Regulations - It must be fully understood by the bidders/contractors that the Department of Correction (DOC) and each facility have security rules and regulations that must be strictly adhered to at all times. Included in these regulations are required security clearances. It should be understood that every driver, technician or any other contractor employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Background checks will be completed for individuals performing any work under this contract that requires their entrance into DOC facilities and at any time during the duration of this contract. Upon request by the DOC, the contractor will provide the Department of Correction with specific information to be used to complete background checks. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. Contractors are required to maintain the security and confidentiality of any records or data of the department obtained or used by the contractor in their performance. Jeans of any color are not allowed inside the correctional institution(s). Contractors will not be allowed into the institution(s) if wearing jeans of any color. Tobacco products are not allowed on DOC property.

Service Schedules (Dates and Times) - All visits to facilities must be scheduled. Contractors will work with each of their contracted facilities in order to negotiate a schedule for both dates and times for service. Contractors must ensure that individuals scheduled to enter the facility have already been pre-approved and cleared. Contractors must be fully aware of the approved date and time schedules and must adhere to them to avoid a prolonged waiting time. Any expense or fee resulting from prolonged waiting times will not be charged to the Department of Correction. The DOC will not process nor be responsible for any such expenses. In addition, there may be times when a contractor (at no fault of theirs) will not be let into the facility possible due to security issues. When this occurs, the contractor may have to wait or may have to re-schedule the service. The contactor shall make every attempt to re-schedule within the same day but only as accepted by the facility. In said case, the DOC will not be responsible for processing any payment for any expense incurred by the contractor. Any change of schedule must be pre-approved, in writing, by the representing fiscal department of said facility.

Contractor Tools and Equipment - Any and all tools and equipment brought into the facility shall require prior approval. All tools and equipment will be inventoried upon entrance and exiting of the facility by the front entrance office. Only those tools and equipment necessary shall be allowed inside the institution.

Deliveries - Each facility has procedures to minimize or eliminate when possible the instances of split loads entering the institution. The contractor shall adhere to the institutional procedures.

Applicable Policies - The Department of Correction policies are routinely reviewed and are subject to change. It is the contractor’s responsibility to monitor the policies. The policies can be accessed on the Commonwealth of Massachusetts Website: www.mass.gov (select find a State Agency choose the Department of Correction, reference the section Research and Statistics and select DOC Policies.

· Visiting Policy CMR 483

· Professional Boundaries Policy DOC 225

The Prison Rape Elimination Act (PREA) - The Prison Rape Elimination Act (Public Law No. 108-79), enacted in 2003, supports the elimination and prevention of sexual assault and rape within corrections systems, mandates national data collection efforts, provides funding for program development and research,…