RFR 1606...Corrugated Boxes.pdf

RFR # LOT 1606

The Commonwealth of Massachusetts

Massachusetts State Lottery Commission

60 Columbian Street, Braintree, MA 02184

REQUEST FOR RESPONSE

Document Title:

Corrugated Boxes

COMMBUYS Bid Number: BD-16-1062-LOT-00001-00000008679

MSLC Document Number: RFR LOT # 1606

RFR Release Date: May 31, 2016

RFR Response Due Date/Time: June 17, 2016 at 3:00 PM

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 a.m. to 5:00 p.m.

Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

I. SUMMARY AND PURPOSE

The Massachusetts State Lottery Commission (“MSLC” or “Lottery”) intends to purchase corrugated, kraft boxes of various sizes for use in the distribution of Lottery products and equipment. As our product line changes, the MSLC may add new sizes or amend present sizes during the duration of the contract resulting from this RFR. The successful vendor must adhere to strict labeling requirements to satisfy the MSLC Warehouse Management Systems (“WMS”) as outlined in the RFR.

II. GENERAL INFORMATION AND TERMS AND CONDITIONS

To the maximum extent possible the MSLC follows the rules and regulations set forth in 801 Code of Massachusetts Regulations (“CMR”) 21.00: Procurement of Commodities and Services in this

RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. All terms, conditions, requirements, and procedures included in this RFR must be met for a response to be qualified as responsive. A response that fails to meet any material term, condition, requirement or procedure of this RFR may be deemed unresponsive and disqualified. The MSLC reserves the right to waive or permit cure of non-material errors or omissions. The MSLC and the Procurement Management Team (“PMT”) reserves the right to modify, amend or cancel the terms of the RFR at any time.

Unless otherwise specified, all communications, responses, and documentation regarding this RFR must be in English, all measurements must be provided in feet, inches, and pounds, equipment must be new and of current manufacturing models and unused, and all cost proposals or figures in U.S.

Currency. All responses must be submitted in accordance with the specific terms of this RFR.

III. RFR CALENDAR, INSTRUCTIONS AND EVALUATION PROCESS

A. RFR CALENDAR/TIMELINE

The following is the tentative time schedule for the MSLC’s selection of qualified Bidders under this RFR. All dates are subject to change by the MSLC with notice on COMMBUYS.

Issuance of RFR May 31, 2016

Bidder Question Deadline June 6, 2016 at 5:00 PM

Post Answers to Bidder Questions June 10, 2016

(posted on COMMBUYS at http://commbuys.com)

RFR Bidder Submission Deadline June 17, 2016 at 3:00 PM

Approximate Notification of TBD

Apparent Successful Bidder http://commbuys.com/

NOTE: Questions concerning the RFR must be submitted to the RFR Contact Person in writing:

Erin C. Nally, Legal and Financial Analyst

ATTN: RFR LOT# 1606

60 Columbian Street

Braintree, Massachusetts 02184

E-mail Address: lotteryprocurement@masslottery.com

No other employee may be contacted and responses from such other person shall have no effect on this solicitation.

B. RFR INSTRUCTIONS

1. Response Submission: The original, five (5) copies and two (2) USB sticks (or equivalent

USB storage device) of the Bidder’s responses and attachments must be delivered in the same sealed package no later than June 17, 2016 at 3:00 PM EDT.

THE COST PROPOSAL(S) MAY BE SUBMITTED IN THE SAME PACKAGE AS

THE REST OF THE RESPONSE, BUT MUST BE SUBMITTED UNDER

SEPARATE COVER IN A SEPARATE SEALED ENVELOPE LABELED “COST

PROPOSAL – RFR LOT# 1606”. DO NOT INCLUDE ANY COST PROPOSALS ON

THE MEMORY STICKS OR WITHIN THE ORIGINAL PROPOSAL

SUBMISSION. FAILURE TO MEET THIS REQUIREMENT MAY RESULT IN

DISQUALIFICATION OF THE BID.

Responses and attachments received after this deadline date and time will not be evaluated.

A facsimile or email response will not qualify as a “submission” for deadline purposes in advance of or in lieu of a hard copy submission. Facsimile and email responses will not be accepted.

Responses and attachments should be delivered to:

Erin C. Nally, Legal and Financial Analyst

ATTN: RFR LOT# 1606

60 Columbian Street

Braintree, Massachusetts 02184

2. Response Format: Failure to follow these formatting requirements may result in the disqualification of the Bidder’s response. Bidders are required to use the Response Templates which can be downloaded from COMMBUYS. The Response Templates contain all required elements of a valid proposal response as indicated below:

(a) Cover Letter

(b) Statement of Minimum Qualifications

(c) Representations and Warranties

(d) Legal and Other Requirements

(e) Disclosure Statement

(f) Mandatory Forms and Enclosures

(g) Specifications Narrative (See Section VI)

(h) Cost Response(s) (Separate envelopes)

NO COST INFORMATION SHALL BE INCLUDED ANYWHERE IN THE

RESPONSE EXCEPT IN A SEPARATE SEALED ENVELOPE.

3. Cost Proposal. THE COST PROPOSAL(S) MAY BE SUBMITTED IN THE SAME

PACKAGE AS THE REST OF THE RESPONSE, BUT MUST BE SUBMITTED UNDER

SEPARATE COVER IN A SEPARATE SEALED ENVELOPE LABELED “COST

PROPOSAL – RFR LOT# 1606”. FAILURE TO MEET THIS REQUIREMENT MAY

RESULT IN DISQUALIFICATION OF THE BID. PLEASE ALSO NOTE THAT THE

COST PROPOSAL MUST HAVE AN ORIGINAL SIGNATURE BY A PERSON

AUTHORIZED TO BIND THE FIRM WITH RESPECT TO THIS RFR.

The Vendors Bid must include a fully completed Cost Table showing the applicable rates and charges for all products which will be made a part of the Vendors Contract. Include explanatory materials necessary for a full understanding of the data contained in the Cost

Table.

The Vendor must use the Cost Table provided and shall make no changes, additions or deletions.

Costs which are not specifically identified in the Bidder's Response, and accepted by the MSLC as part of a Contract, will not be compensated under any Contract awarded pursuant to this

RFR. The Commonwealth will not be responsible for any costs or expenses incurred by

Bidders responding to this RFR.

4. Response Provisions: When responding to this RFR, Bidders should take note of the following provisions:

a. The MSLC reserves the right to request additional information from Bidders responding to this request. Additionally, upon reviewing the responses the PMT may decide to have certain Bidders make oral presentations.

b. The MSLC reserves the right to reject any and all responses to this request, to waive any minor informality in a response, and to request clarification of information from any

Bidder responding. The MSLC reserves the right to amend or cancel this RFR at any time.

c. All responses and their contents will become the sole property of the Commonwealth/

MSLC upon receipt and will not be returned to the Bidder.

d. The MSLC will not reimburse any Bidder for any costs associated with the preparation or submittal of any response to this request or for any travel and/or per diem incurred in any presentation of such responses.

e. The narrative response should address all items included in each section under RFR

Section VI. Performance Specifications.

5. Disqualification of Responses:

a. Late Proposals: Proposals that are received after the deadline date and time shall be automatically disqualified.

b. Non-responsive Proposals: A response that fails to meet any material term, condition, requirement or procedure of this RFR may be deemed unresponsive and disqualified.

The MSLC reserves the right to waive or permit cure of non-material errors or omissions.

Non-responsive proposals shall include, but not be limited to those, which fail to address or meet any mandatory item, and those submitted in insufficient number, or in incorrect format.

c. Collusion: Collusion by two or more Bidders agreeing to act in a manner intended to avoid or frustrate fair and open competition is prohibited and shall be grounds for rejection or disqualification of a proposal or termination of this contract. Bidders will be required to complete a “Certificate of Non-Collusion” as one of the mandatory forms to this RFR.

d. Debarred Bidders or Subcontractors: A Bidder, who is currently subject to any

Commonwealth or federal debarment order or determination, shall not be considered for evaluation by the PMT. If a Bidder’s proposal is dependent upon the services of a named subcontractor and the disqualification of this named subcontractor would materially alter the proposal, then that proposal shall be deemed unresponsive if the named subcontractor is found to be debarred. Proposals that indicate that subcontractors will be used but do not rely on any specifically named subcontractor shall not be deemed unresponsive if the disqualification of a proposed subcontractor will not materially alter the proposal.

C. RFR EVALUATION PROCESS

1. Evaluation Process: The RFR Evaluation Process will be conducted in three phases. A review team will complete the Phase I Review for all proposal submissions. The purpose of the Phase

I Review is to eliminate any bids that are non-responsive to the requirements of the RFR. Bids that are deemed to be qualified based on the Phase I Review will be submitted to the PMT for additional review. The PMT will consist of staff from the MSLC. The PMT will make a recommendation to the Commissioners of the MSLC who will then accept or reject the recommendation. (Phase I, Phase II and Phase III of this RFR will be evaluated separately.)

a. Phase I Review: Bidders’ responses will be reviewed based on listed criteria and completeness of response, including mandatory forms and compliance to submission criteria. Bids that do not comply with these components will be rejected and will not proceed to the Phase II Review. The MSLC reserves the right to waive or permit cure of non-material errors or omissions.

b. Phase II Review: Qualified bids, based on the Phase I Review, will be considered for additional review in Phase II by the PMT. The Phase II Review may also include any oral presentation/interview as may be requested by the PMT; the PMT may adjust a

Bidder’s score based on any clarification of the Bidder’s response at any such oral presentation/interview. (See Section III.C.2). The Phase II Review will count for 60% of each Bidder’s score.

85% – Specifications

5% – Invest in Massachusetts. All responsive Bidders/Proposers must submit with their bids an Invest in Massachusetts Data Form (“IMD Form”). See

Response Template page 19.

10% –Supplier Diversity Program (SDP). The MSLC requires all responsive

Bidders to submit the Supplier Diversity Program Plan Forms (“SDP Plan

Form”) with its response. (See Phase I Response Template page 18).

c. Phase III Review: Cost will be evaluated in relationship to the Phase II Review and scoring of Bidders' responses. The Phase II score will represent 40% and Cost will represent the other 60% of the Bidder’s score in order to determine “best value.” The successful bid will be determined based on the one that represents the "best value" overall and achieves the procurement goals.

d. Recommendation: Based on the Phase I, II, and III Reviews, the PMT will make a recommendation to the Commissioners of the MSLC who will then vote to accept or reject the recommendation.

2. ORAL PRESENTATIONS / INTERVIEWS

After completion of Phase I and initial review of Phase II but prior to Phase III, the PMT shall have the option to invite all or some Bidders to make oral presentations/come in for interviews. Oral presentations/interviews provide the PMT with an opportunity to evaluate the Bidder through the presentation of their proposal. The PMT will make the decision on whether to have Bidders in for oral presentations/interviews. The decision to engage in oral interviews will solely be in the purview of the PMT. Based upon scores determined during the initial Phase II evaluations of Bidders responses to the Phase II technical questions; it will be within the full discretion of the PMT to determine the cutoff for top scoring Bidders to move onto the oral presentations /interviews. If the decision is made to request oral presentations/interviews, then only Bidders that receive an invitation to participate in oral presentations/interviews will proceed to cost evaluation and Phase III. Bidders that do not receive an invitation to oral interviews will be eliminated from further consideration under this RFR. Bidders will not be informed of their rank at the time of the oral presentation/interview. Additionally, the PMT reserves the right to adjust any Phase II score following any Oral Presentation/Interview, and before proceeding on to Phase III.

The time allotments and the format shall be the same for all oral presentations/interviews.

The PMT will give the Bidder at least three (3) business days prior notice regarding the date of an oral presentation/interview. The PMT may waive the location and medium requirements of an oral presentation/interview upon the written request of a Bidder due to special hardships, such as a Bidder with disabilities or limited resources. In these circumstances the PMT may conduct oral presentations through an alternative written or electronic medium (e.g., telephone, videoconference, TTY or Internet). The PMT may require the Bidders assign key personnel to conduct the oral presentation/interview.

A Bidder is limited to the presentation of material contained in its proposal, with the limited exception that a Bidder may address specific questions posed by the PMT or provide clarification of information contained in its proposal. Any other correction or modification of the proposal or the presentation of supplemental information shall be considered prejudicial to the interests of other Bidders and fair competition and shall not be permitted.

A Bidder’s attempt to submit such corrections, modifications or supplemental information during an oral presentation/interview may subject the Bidder’s proposal to disqualification.

A Bidder’s failure to agree to an oral presentation/interview may result in disqualification from further consideration. Oral presentations may be recorded by the MSLC as a matter of public record.

On-Site Visits (Optional). The PMT reserves the right to conduct on-site inspections of any or all Bidder locations at any time prior to the awarding of this contract to verify the Bidder’s ability to perform the services required. The PMT shall schedule the time of these site visits and shall provide notice of at least three (3) business days before a visit. Failure to agree to a site visit may result in disqualification of a Bidder’s proposal. Only those firms that were evaluated in Phase II and were invited for an oral presentation / interview will be the subject of an on-site inspection, in the event the PMT elects to conduct such an on-site inspection.

IV. RFR SPECIFICATIONS, REQUIREMENTS & COMPONENTS

By submitting a response to the RFR, the Bidder agrees to comply with all of the RFR required specifications, components and requirements listed below in Sections A & B:

A. RFR REQUIRED SPECIFICATIONS

1. Alternatives. A response which fails to meet any material term or condition of the RFR, including the submission of required forms, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders should submit responses proposing alternatives that provide equivalent, better or more cost-effective performance than achievable under the stated RFR specifications. These alternatives may include related services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications. The MSLC will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the

MSLC. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this

RFR as specified.

2. Best Value Selection and Negotiation. The PMT may select the response(s) that demonstrates the “Best Value” overall.

3. Bidder Communication. Bidders are prohibited from communicating directly with any employees of the MSLC, including any MSLC departments and divisions and affiliated commissions, boards, and trusts, or any member of the PMT regarding this RFR and may be disqualified for doing so at the determination of the PMT, except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may communicate with the contact person for this RFR in the event this RFR is incomplete or the

Bidder is having trouble obtaining any required forms electronically through COMMBUYS

(https://www.commbuys.com).

4. Brand Name or Equal. Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any service. The MSLC will consider clearly identified offers of substantially equivalent services submitted in response to such reference.

5. Change in Financial Condition. - Bidders shall be required to immediately inform the

Executive Director of the MSLC in writing of any major change in the financial condition or organization of the company. Misrepresentation or failure of the Bidder to notify the MSLC shall be grounds for contract award cancellation and/or termination.

6. COMMBUYS Market Center. COMMBUYS is the official source of information for this

RFR and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the RFR, as referenced in COMMBUYS, and are incorporated into the RFR and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this RFR via

COMMBUYS. RFR Q&A supports Bidder submission of written questions associated with a

RFR and publication of official answers.

It is each Bidder's responsibility to check COMMBUYS for:

Any amendments, addenda or modifications to this RFR, and

Any RFR Q&A records related to this RFR.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a response based on an out-of-date RFR or on information received from a source other than COMMBUYS.

Bidders may not alter (manually or electronically) the RFR language or any RFR component files. Modifications to the body of the RFR, its specifications, or terms and conditions, which change the intent of this RFR are prohibited and may disqualify a response.

7. COMMBUYS Subscription. Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records.

All Bidders submitting a response to this RFR agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth

Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize

COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the

Commonwealth, as added functionality for the COMMBUYS system is activated; and (4) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth

Commodity Codes are based on the United Nations Standard Products and Services Code

(“UNSPSC”).

http://www.commbuys.com/

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

8. Conflict of Interest. Prior to an award of any contract, the Bidder shall certify in writing to the MSLC that no relationship exists between the Bidder and the MSLC that interferes with fair competition or is a conflict of interest, and no relationship exists between the Bidder and another person or organization that constitutes a conflict of interest with respect to a state contract. No official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this project shall, prior to the completion of the project, voluntarily acquire any personal interest, either directly or indirectly, in this contract or proposed contract.

The Bidder shall provide assurance that it presently has no interest and shall not acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder. The Bidder shall also provide assurances that no person having any such known interests shall be employed during the performance of this contract.

9. Costs. Costs that are not specifically identified and defined in the Bidder's response, and accepted by the MSLC, will not be compensated under any engagement pursuant to this RFR.

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders in responding to this RFR.

10. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective Bidder and qualified company to keep current the E-mail address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that E-mail inbox for communications from the PMT, including requests for clarification. The PMT and the Commonwealth assume no responsibility if a prospective

Bidder’s/awarded Contractor’s designated E-mail address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or Internet service provider (“ISP”) cause E-mail communications sent to/from the prospective Bidder/awarded Contractor and the PMT to be lost or rejected by any means including E-mail or spam filtering.

11. Environmental Response Submission Compliance. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses submitted should comply with the following guidelines:

All copies should be printed double sided.

All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three ringed binders, glued materials, paper clips, and staples are acceptable.

Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

Bidders are encouraged to use other products that contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their responses are made with recycled materials.

Unnecessary samples, attachments, or documents not specifically asked for should not be submitted.

12. Estimated Provisions. The MSLC makes no guarantee that any commodities or services will be purchased from any qualification resulting from this RFR. Any estimates and/or past or current procurement volumes referenced in this RFR are included only for the convenience of

Bidders, and are not to be relied upon as any indication of future purchase levels.

13. Freight. Unless otherwise specified, all products and services shall be “FOB Destination”.

The MSLC will not assume any separate freight, mileage, travel time or any other associated charges in addition to the bid price. Any charges of this nature must be included in the bid price.

14. Mandatories and Desirables. Mandatory specifications in this RFR are identified with the words "must", "shall", "will", "mandatory", or "is required". However, Bidders must assume that every specification included herein is a mandatory specification, unless it is clearly indicated to be otherwise. A mandatory specification is one that must be met in order for a response to be considered responsive. Any response, which fails to meet a mandatory specification of the RFR, will be deemed non-responsive and will be disqualified. Desirable specifications are designated with the words, "is desired", "desirable", and "highly desirable".

Unless there is an explicit indication to the contrary stated in this RFR, Bidders may receive evaluation points for “desirable” goods and services.

15. Minimum Bid Duration. Bidder responses made in response to this RFR must remain in effect for 150 days from the date of bid submission and thereafter until either the Bidder withdraws the response in writing, a contract is executed or the procurement is canceled, whichever occurs first.

16. News Releases. The successful Bidder shall not issue any news releases, advertising or promotional materials pertaining to the performance of the contract without prior approval by the Executive Director of the MSLC

17. Payments. - Payment shall be made for services only after such services have been delivered and accepted by the MSLC. Payments shall be made only in arrears. No advance payments can be made to Contractors. Payment will be made 45 days after acceptance and following receipt of invoice.

18. Prime Contractor Responsibility. The MSLC requires a single point of responsibility for performance of any Contract that may result from this RFR. Subcontractors may be used, but the Prime Contractor must accept full responsibility for the subcontractor's performance. All subcontractors must be identified by the Prime Contractor and the Prime Contractor must describe the type of contractual arrangement that will exist with all subcontractors. The Prime

Contractor shall be responsible for meeting all of the terms of the Contract resulting from the

RFR. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

19. Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, Massachusetts General Laws (“M.G.L.”), Chapter

66, Section 10, and Chapter 4, Section 7, Subsection 26. Any statements in submitted responses that are inconsistent with these statutes will be disregarded. Bidders are advised that all proposals are deemed sealed, and therefore their contents will be treated as confidential and will not be disclosed to competing Bidders until the evaluation process has been completed, the contract has been awarded and negotiations are finalized.

20. Reasonable Accommodation. 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 RFR 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 PMT reserves the right to reject unreasonable requests.

21. Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their response package or in any subsequent marketing materials if they are awarded a contract. Use of the Coat of Arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

22. Prohibition Against Selling or Distributing Information. Any Bidder awarded a contract under this RFR is prohibited from selling or distributing any information collected or derived from the contract and/or procurement process, including lists of participating or eligible

Commonwealth of Massachusetts employee names, telephone numbers, email addresses or mailing addresses.

B. COMPONENTS OF PROCUREMENT

1. Duration and Renewal Options. The MSLC intends to enter into a three (3) year contract with the selected Bidder(s) for the services solicited in this RFR. The MSLC may, at its option, extend the contract for two (2) additional one year period(s) for a maximum contract term not exceeding five (5) years, under the same or better terms and conditions as negotiated if deemed in the best interest of the MSLC. Bidders who offer price guarantees for the life of the contract will be held to that offer or such better terms as negotiated. The exercise of each option by the

MSLC at its sole discretion and acceptance by the Bidder shall constitute an acceptance of all contract terms provided herein unless amended in writing and executed by the MSLC and the

Bidder.

2. Acquisition Method.

Outright Purchase

License

Fee for Service

Tax-exempt Lease Purchase

Term Lease

Lease Purchase

Rental (not to exceed 6 months)

Other (specify)

3. Single or Multiple Contracts. The MSLC reserves the right to award any contract to a single vendor or multiple vendors, in the best interest of the MSLC. The Bidder must agree to cooperate with such other Bidders, and must not commit or permit any act that may interfere with the performance of work by any other Bidder. If, over the life of the contract, the PMT determines that additional Bidders should be added, these may first be drawn from qualified

Bidders that responded to this solicitation but were not awarded contracts.

4. Contract Guidelines. It is the intent of this contract that the MSLC is the only user.

5. Contract Performance and Additional Business Specifications.

a. Evaluation and Selection of Contractor. The MSLC shall have sole authority to evaluate and make the final selection of Bidder(s) for contract negotiation(s) pursuant to this RFR. The selection will be made after evaluation of both technical (Phase I & II) and cost proposals (Phase III) by the PMT and final approval by the Commissioners of the MSLC.

b. Change in Terms. The MSLC reserves the right to modify the specifications identified in the RFR at any time prior to the closing date. The MSLC reserves the right to negotiate with the selected Bidder(s) as to any element of cost or performance, including without limitation, elements identified in the RFR and/or the selected Bidder’s response in order to achieve the best value for the Commonwealth. The MSLC reserves the right to request from any Bidder a “best and final offer” as to the Bidder’s proposal or cost proposal. The

MSLC reserves the right to procure some, all, or none of the services specified in this

RFR.

c. Substitute. During the term of the contract, Bidder is not authorized to substitute any item for goods, services or deliverables of any kind without the prior written consent of MSLC.

d. Termination or Suspension. Once retained, a vendor’s service may be terminated or suspended from the MSLC’s contract for poor performance, failure to perform, fraud or other cause at any time without prior notice. Vendors may be terminated from the contract without cause with sixty (60) day prior written notice. The vendor may not terminate the contract or performance except upon a minimum of 120 days written notice to the MSLC.

e. Permits and Compliance. The vendor shall procure and pay for all permits, licenses and approvals necessary to perform the services solicited in this RFR. The Bidder shall comply with all applicable laws, ordinances, rules, orders and regulations related to the performance of the services solicited. The MSLC may, at its option, request documentation evidencing the vendor’s compliance.

f. Rejection of Proposals. The MSLC reserves the right to reject any and all proposals submitted under this solicitation.

g. Fees Subject to MSLC Signatory Authorization. All fees must be approved by the

Executive Director or his designee and are subject to verification of performance.

h. Confidentiality Policy Regarding Bidder’s Support Staff and/or Vendors. The

MSLC may require Bidders’ support staff or outside vendors to sign a confidentiality agreement for the confidential information they will have or have access to.

i. Concurrent Contracts Running (Renewals and Transitions). The MSLC shall cancel the contract if funds are not appropriated or otherwise made available to support continuation of performance in any fiscal year succeeding the first year or if satisfactory performance by the contractor does not ensue. The MSLC will also have the right to sole discretion in exercising an option to renew, which will not be subject to contractor acceptance or agreement. Any assistance required for this transition must be provided in a smooth and timely manner. If at any time the contract is canceled, terminated or expires, and a contract is subsequently executed with a firm other than the contractor, the contractor has the affirmative obligation to assist in the smooth transition of contract services to the subsequent contractor.

j. Pricing: Price Limitation: The Bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the

Commonwealth believes that it is not receiving this lower price as required by this language, the Bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

k. Submission of Proposal Materials and Oral Presentation. All materials, representations and submissions made within the proposal and at the oral presentation are subject to becoming part of the contract binding the selected Bidder to uphold the materials, representations and submissions made by the selected Bidder within the proposal and at the oral presentations.

l. Fiduciary Status of the Bidder/Firm; Chapter 268A. With respect to the performance of its duties and responsibilities hereunder, if awarded the contract, the Bidder/ Firm acknowledges that it is a fiduciary, and that the Bidder/ Firm will discharge its duties and responsibilities under this Agreement in accordance with the fiduciary standards of conduct and other requirements as they apply to the Bidder/ Firm. The Bidder/ Firm is advised of the existence of Massachusetts General Laws, Chapter 268A (the

Massachusetts "Conflict of Interest" statute), and is required to act and perform its duties in accordance with such provisions.

m. Security Breach Law, M.G.L. c. 93H. The Bidder hereby acknowledges and agrees to comply with the requirements and responsibilities, including those of providing notice and response, as set forth in G.L. c. 93H concerning Security Breaches and any regulations implemented to effectuate security of “personal information” as defined in §

1 of G.L. c. 93H.

V. PHASE ONE REQUIREMENTS

Compliance with all criteria listed below is mandatory in order for a bid to be accepted for further review. Lack of compliance with the Phase One criteria will automatically disqualify the Bidder.

Phase One of Bidder’s response should demonstrate compliance with each of the conditions qualifying an institution to propose as outlined below.

A. MINIMUM QUALIFICATIONS

Bidders submitting Proposals must meet the following minimum qualifications to be given further consideration. Failure of a Bidder to meet the minimum qualifications applicable to this RFR will result in immediate rejection. The Bidder’s response to each minimum qualification component should be “yes” or “no” followed by a detailed statement of explanation. Please be advised that Bidders are requested to specifically describe how the Bidder meets each of these minimum qualifications.

1. Bidder must have been in a business similar to that described in this RFR for a minimum of three (3) years and have the demonstrated experience and capacity to handle the requirements herein.

2. Bidder must acknowledge its understanding that the Lottery cannot accept a delivery that exceeds 5% of the requested order.

B. LEGAL AND OTHER REQUIREMENTS

As required in Phase I Response Template pp. 8-9

C. DISCLOSURE STATEMENT

As required in Phase I Response Template pp. 10-12

D. MANDATORY FORMS AND ENCLOSURES

Phase I of the Bidder’s response shall include the completed mandatory forms listed in the

Phase I Response Template pp. 13 –20. The Phase I Response Template and the subject forms can be found on COMMBUYS with this RFR. All mandatory forms and enclosures must be signed by an individual having authority to bind the bidding company and the

“originals” should have an original signature in blue ink. Furthermore, the signatory must be listed on the Contractor Authorized Signatory Listing form provided in the RFR Response

Template.

E. Cost Proposal. The original (including a handwritten signature using blue ink) and eight (8) copies of the cost proposal must be placed in a separate, sealed envelope, clearly identified on the outside as “Cost Proposal – RFR LOT# 1606 submitted by (COMPANY NAME)”.

(Please see Section III.B.3 of this RFR for more specific instructions.)

VI. PHASE II REQUIREMENTS

A. Performance Requirements

1. Samples from MSLC

Sample boxes will be available for Bidders to view at:

MSLC Headquarters

Braintree, MA 02184

Samples will be available between 8:00AM and 1:00PM beginning May 31, 2016 and continuing through June 10, 2016.

Please call Erin Nally at (781) 849-5602 to schedule an appointment to view samples. No samples will be sent out to any potential bidder

2. Samples from Bidder

Any Bidder that responds to this RFR must supply ten (10) sample boxes of the eight (8) boxes listed with their response to this RFR. Not supplying samples for testing purposes will deem the bid unresponsive and will disqualify the bid submission from that vendor. A sample load tag, as specified in RFR Section V, C, 1, must also be supplied with a vendor’s response. Failure to do so will disqualify a vendor. Production sample cartons received as part of this RFR may be submitted to an independent lab for liner testing at the supplier’s expense if there are any quality control issues in regards to Board Grade / performance failure of the boxes.

3. Packing Slip

A packing slip must accompany all deliveries. The packing slip must include the purchase order number, the quantity of the items shipped and a description of the item. In addition, all correspondence must show the purchase order number. No delivery will be accepted without a packing slip. The trucking or courier receipt is not an acceptable packing slip.

4. Quality Testing

At any time during the length of the contact production cartons may be submitted to an independent lab for liner testing, at the supplier’s expense, in the event there are any quality control issues with regards to Board Grade / Performance failure of the boxes.

B. Box Specifications

All boxes must be kraft in color, 100% recycled with a minimum of 65% post-consumer waste.

1. 5 Book Box:

Regular Slotted Carton (“RSC”) glued in manufacturers’ joint left panel, 32 ECT Board

Liner Combinations 36lb – 23lb – 35lb, C flute, Kraft. 9 1/8” length x 5 7/16” width x 4

3/16” depth. 25 boxes per bundle, 1500 boxes per 40” x 48” (4 way entry) pallet. The total height of pallet must not exceed 53 inches. Two (2) load tags on the 40” (entry) side and two

(2) load tags on the 48” sides. Minimum 15,000 per order, annual use is approximately

45,000 per year. Bottom of the box must have box maker certification stamp. These boxes must be individually labeled “5 book” with size of box located on the bottom of box.

Note: Please shy the flaps 1/16” per box, top and bottom

2. 10 Book Box:

RSC glued in manufacturers’ joint left panel, 32 ECT Board Liner Combinations 36lb – 23lb

– 35lb , C Flute, kraft. 10 ¼” length x 9 1/8” width x 4 1/8” depth. 25 boxes per bundle, 750 boxes per 40” x 48” (4 way entry) pallet. The total height of pallet must not exceed 53 inches. Two (2) load tags on the 40” entry side and two (2) load tags on the 48” sides.

Minimum 12,000 per order, annual use is approximately 60,000 per year. Bottom of the box must have box maker certification stamp. These boxes must be individually labeled “10

Book” with size of box located on the bottom of box.

Note: Please shy the flaps 1/8” per box, top and bottom

3. 15 Book Box:

RSC, glued in manufacturers’ joint left panel, 32 ECT Board Liner Combinations 36lb – 23lb –

35lb, C flute, kraft. 12 1/2” length x 5 3/4” width x 9 1/8” depth. 25 boxes per bundle, 750 boxes per 40” x 48” (4 way entry) pallet. The total height of pallet must not exceed 53 inches.

Two (2) load tags on the 40” entry side and two (2) load tags on the 48” sides. Minimum

10,200 per order, annual use is approximately 40,000 per year. Bottom of the box must have box maker certification stamp. These boxes must be individually labeled “15 Book” with size of box located on the bottom of box.

4. 20 Book Box:

35lb, C flute, kraft. 16 ½” length x 6 ¼” width x 9 1/8” depth. 25 boxes per bundle 400 boxes per 40” x 48” (4 way entry) pallet. The total height of pallet must not exceed 53 inches. Two

(2) load tags on the 40” entry side and two (2) load tags on the 48” sides. Minimum 12,000 boxes per order, annual use is approximately 48,000 boxes per year. Bottom of the box must have box maker certification stamp. These boxes must be individually labeled “20 book” with size of box located on the bottom of box.

5. 30 Book Box:

35lb, C flute, kraft. 20 7/8” length x 6 3/4” width x 9 1/8” depth. 25 boxes per bundle 500 boxes per 40” x 48” (4 way entry) pallet. The total height of pallet must not exceed 53 inches.

Two (2) load tags on the 40” entry side and two (2) load tags on the 48” sides. Minimum

10,000 boxes per order, annual use is approximately 30,000 boxes per year. Bottom of the box must have box maker certification stamp. These boxes must be individually labeled “30 book” with size of box located on the bottom of box.

6. 40 Book Box:

RSC, glued in manufacturers’ joint left panel, 44 ECT Board Liner Combinations 45lb – 30lb –

45lb, C flute, kraft. 21” length x 8 1/2” width x 9 1/8” depth. 25 boxes per bundle 375 boxes per 40” x 48” ( 4 way entry) pallet. The total height of pallet must not exceed 53 inches. Two

(2) load tags on the 40” entry side and two (2) load tags on the 48” sides. Minimum 10,000 boxes per order, annual use is approximately 20,000 boxes per year. Bottom of the box must have box maker certification stamp. These boxes must be individually labeled “40 book” with size of box located on the bottom of box.

7. 50 Book Box:

RSC, glued in manufacturers’ joint left panel, 44 ECT Liner Combinations 45lb – 30lb – 45lb, C flute, kraft. 24 ½” length x 8 1/2” width x 9 1/8” depth. 10 boxes per bundle 240 boxes per

40” x 48” (4 way entry) pallet. The total height of pallet must not exceed 53 inches. Two (2) load tags on the 40” entry side and two (2) load tags on the 48” sides. Minimum 10,000 boxes per order, annual use is approximately 50,000 boxes per year. Bottom of the box must have box maker certification stamp. These boxes must be individually labeled “50 book” with size of box located on the bottom of box.

8. Distribution Box

RSC, glued in manufacturers’ joint left panel, 44 ECT Liner Combinations 45lb – 30lb – 45lb, C flute, kraft. 16 ½” length x 12” width x 18 1/2” depth. 20 boxes per bundle 120 boxes per

40” x 48” (4 way entry) pallet. The total height of pallet must not exceed 53 inches. Two (2) load tags on the 40” entry side. Minimum 1,200 boxes per order, annual use is approximately

2,400 boxes per year. Bottom of the box must have box maker certification stamp. These boxes must be individually labeled “Distribution Box” with size of box located on the bottom of box.

C. Warehouse Management Systems (WMS) Requirements

The Warehouse Management Systems (WMS) tracks the receipt of a pallet, the physical location of a pallet in the MSLC warehouse and the transferring of pallets between any of the MSLC warehouses. In addition, it tracks the status of a pallet as to whether it is in stock, opened, consumed, and whether the commodity received on a particular pallet has been delivered to a MSLC

Regional Warehouse. The successful vendor must adhere to strict packing/labeling procedures to accommodate the WMS. Additions/deletions to the WMS requirements may occur during the life of the contract as the WMS evolves. Upon the awarding of this RFR, the successful vendor will be contacted by the Warehouse Manager to review the Warehouse Management System requirements.

1. Load Tag Labels Provided by the Vendor:

One (1) (load tag) on each side of the stretch wrap, at total of four (4) per pallet.

On this load tag there must be certain information which will be scanned upon receipt of palletized product into the WMS.

The successful vendor will have to supply samples with their response. The final load tag label must be approved by the MSLC (Distribution Manager) before an order is delivered.

a. Barcode to be in either 3/9 HRD or 128 HRD and one (1) inch minimum height.

b. The 1st line of the label will be 24 characters in length, the example is as follows:

PC11162036 1 0008 113010

The format is as follows:

o Purchase Order # (10 characters), in this example is PC11162036 o A blank space o 1 is in the line # on a Purchase Order and is usually 1, but can range from a 1 to a 6, depending on the Purchase Order o A blank space o Pallet # (4 characters – this unique # will be the starting pallet #) in this example the skid number is 0008 o A blank space o MMDDYY (this will be the manufacturer date and will be referred to as the “Born on

Date”), in this example the “Born on Date” is 113010 o See WMS - Attachment M

All of this information will also be scanned upon receipt of product into the WMS.

This load tag label must be approved and the bar code scanned for reading purposes before an actual order is placed (See WMS - Attachment M) by the MSLC Distribution Manager.

2. Pallet Requirements are as follows:

o A copy of the approved load tag must be placed on all four (4) sides of the skid.

o Skids must be 4 way, new, hardwood pallets, size to accommodate the number of boxes per bale.

o Minimum size pallet 40” wide x 48” long, maximum 42” wide x 50” long. The top of the bottom boards on a skid to the bottom of the top boards on a skid must allow 3 ½” clearance minimum to allow for power equipment (fork/walk) trucks to go in and out for unloading/loading purposes.

o Disposable pallets will not be allowed.

o Skids will not be returned to a vendor. Each skid must be shrink wrapped. (See WMS

Attachment N for basic design)

3. Delivery Information:

Partial/Drop shipments of skids of Boxes-Kraft may be required to be delivered to any of the following seven (7) locations. These addresses may increase and/or change throughout the contract period. They are as follows:

1) Springfield MSLC Office 20 Fort Street Springfield, MA 01103

2) Worcester MSLC Office

151 West Boylston Drive Worcester, MA 01606

3) Woburn MSLC Office

11 Cummings Park Woburn, MA 01801

4) New Bedford MSLC Office

200 Theodore H. Rice Blvd New Bedford, Ma 02745

5) Braintree MSLC Warehouse

Braintree, MA 02184

6) Canton MSLC Warehouse 40 Industrial Drive Canton, MA 02021

7) Sterling Movers MSLC Off-site

Warehouse 20 Industrial Ave Chelmsford, MA 01824

The majority of deliveries are made to the Braintree or Canton locations.

All delivery charges must be included in the price per corrugated, kraft box.

Platform deliveries are required.

Deliveries should be between 6:30am – noon, weekdays, unless prior arrangements have been made.

All bills of lading, skid load tags, and invoices must include the PO number.

See WMS Attachment M for an example of the minimum 8 ½” x 11” load tag labels, white

See WMS Attachment N for an example of the type and construction of the skid requirements.

Section VI - Attachments

Attachment A - Commonwealth of Massachusetts Terms and Conditions

Attachment B – Commonwealth of Massachusetts Standard Contract Form

Attachment C – Massachusetts Substitute W-9 Form

Attachment D - Contractor Authorized Signatory Form

Attachment E – Request for Certificate of Good Standing

Attachment F - Business Reference Form

Attachment G – Supplier Diversity Program Forms

Attachment H – Invest in Massachusetts Form and Instructions

Attachment I – Certificate of Non-Collusion

Attachment J – Electronic Funds Transfer Form

Attachment K – Prompt Payment Discount Form

Attachment L – Certificate of…