RFR 2303. Material Handling Equipment and Services_Amendment 2.pdf

The Commonwealth of Massachusetts

Massachusetts State Lottery Commission

150 Mount Vernon Street Dorchester, MA 02125

REQUEST FOR RESPONSE

Document Title:

MATERIAL HANDLING EQUIPMENT AND SERVICES

COMMBUYS Bid Number: BD- 23-1062-LOT-LOTDO-84161

MSLC Document Number: RFR LOT # 2303

RFR Release Date: February 7, 2023

RFR Response Due Date/Time: February 23, 2023, at 10:00 AM

PLEASE SEE EVENT CALENDAR FOR IMPORTANT DATES

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

Material Handling

RFR LOT# 2303 Page 1 of 22

Table of Contents

1 REQUEST FOR RESPONSE INFORMATION

SUMMARY AND PURPOSE

RFR CALENDAR/TIMELINE

RFR INSTRUCTIONS

Response Submission Instructions Response Format:

Cost Proposal Response Provisions:

Disqualification of Responses:

RFR EVALUATION PROCESS

Evaluation Process:

ORAL PRESENTATIONS / INTERVIEWS

RFR TERMS AND CONDITIONS

RFR General Information Procurement Specifications

COMPONENTS OF PROCUREMENT

Duration and Renewal Options Acquisition Method Single or Multiple Contracts Contract Guidelines Contract Performance and Additional Business Specifications

2 PHASE ONE REQUIREMENTS

MANDATORY BIDDER REQUIREMENTS

COVER PAGE

MINIMUM BIDDER QUALIFICATIONS

REPRESENTATIONS AND WARRANTIES

LEGAL AND OTHER REQUIREMENTS

DISCLOSURE STATEMENT

MANDATORY FORMS AND ENCLOSURES

COST PROPOSAL

3 PHASE II REQUIREMENTS

MSLC GENERAL INFORMATION

EQUIPMENT

SERVICES

Installation Software and Licensing Moving Permitting Services Maintenance Counseling Subcontractors Prevailing Wage

BONDING REQUIREMENTS

4 Vendor Submission

5 ATTACHMENTS

RFR LOT# 2303 Page 2 of 22

1 REQUEST FOR RESPONSE INFORMATION

SUMMARY AND PURPOSE

The Massachusetts State Lottery Commission (“Lottery” or “MSLC”) seeks responses from qualified vendors interested in providing material handling equipment and related services. Equipment will include but is not limited to forklifts, scanning equipment, conveyors, and racking. Services will include but not be limited to space and equipment consultation, installation, training, maintenance, and emergency maintenance. The MSLC has sole discretion when determining utilization of services and will do so on an as needed basis.

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 February 7, 2023

• Vendor Site Visits (Required) February 15, 2023 @ 11:00AM

SEE SECTION 1.5.

• Bidder Question Deadline February 16, 2023 at 10:00 AM

• Post Answers to Bidder Questions February 17, 2023

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

• Initial RFR Bidder Submission Deadline February 23, 2023 at 10:00 AM

• Approximate Notification of March 2023 Apparent Successful Bidder

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

Lee C. Conroy, Procurement Manager Massachusetts State Lottery Commission

ATTN: RFR LOT# 2303

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.

RFR INSTRUCTIONS

Response Submission Instructions

Bidders must submit their bids through the Commonwealth’s online procurement system, COMMBUYS (www.COMMBUYS.com). Bidders are advised to check this site regularly, as this will be the sole method used for notification of changes.

http://commbuys.com/

RFR LOT# 2303 Page 3 of 22

All times in this RFR are in prevailing Eastern Time. Responses must be received no later than the response due date and time indicated in the RFR event calendar or they will not be evaluated. Bidders must have their responses fully loaded and accepted in COMMBUYS prior to the RFR Response Due date and time listed below. Bidders are urged to allow sufficient time to upload their entire response.

COMMBUYS Support and Useful links:

• Job aid on how to submit a quote: https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download

• Webcast: How to Locate and Respond to a Bid in CommBuys, which will familiarize bidders with CommBuys terminology, basic navigation, and provide guidance for locating bid opportunities in CommBuys and submitting an online quote.

• Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

o Website: Go to www.commbuys.com for Vendor Training Resources.

o Email: Send inquiries to the COMMBUYS Helpdesk at OSDHelpDesk@mass.gov o Telephone: Call the COMMBUYS Help Desk at 1-888-627-8283 or 617-720-3197. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

o Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

o Bidders MUST have their complete bid fully loaded and submitted prior to the time and date listed in the calendar. COMMBUYS will not allow for bids to be submitted after the posted time.

o 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. Facsimile and email responses will not be accepted.

o All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. The MSLC is not responsible for delays encountered by Bidders or their agents, or for a

Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the

COMMBUYS system clock which is considered the official time of record.

If a large file fails to upload, the Bidder must save the contents as multiple files. If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

Response Format:

Failure to follow these 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.

Required elements of a valid proposal response incorporate the following:

https://www.youtube.com/watch?v=IG7XDNk4-U0 file:///C:/Users/mhutchinson/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/4D9CAJG2/www.commbuys.com mailto:OSDHelpDesk@mass.gov?Subject=COMMBUYS%20Question

RFR LOT# 2303 Page 4 of 22

(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

(h) Cost Response(s) (included as separate attachment to response in COMMBUYS)

The above documents and submissions will all be considered part of the Bidder’s RFR response and will ultimately be incorporated into the awarded Vendor’s contract.

NO COST INFORMATION SHALL BE INCLUDED ANYWHERE IN THE NARRATIVE RESPONSE. ALL COST

INFORMATION MUST BE CONTAINED IN A SEPERATE ATTACHMENT USING THE SUPPLIED COST

TABLE(S) (ATTACHMENT M).

Cost Proposal.

• The Bidder must use the Cost Table(s) provided and should make no changes, additions or deletions.

• Any cost proposal(s) must be submitted as a separate attachment on COMMBUYS. For example, Cost responses should be titled “RFR 2303 – (Company Name) Cost Proposal”.

• Bid response must consist of the Vendor’s Cost Table(s). Upon execution of the contract, pricing must remain firm for the entire initial contract period.

• Bidder must include a fully completed Cost Table, which includes a breakdown of charges and explanatory materials necessary for a full understanding of the data contained in the Cost Table.

• The Cost Table(s) must be completed comprehensively. When applicable, insert the expression N/C (No Charge) in the appropriate price column. If there is nothing inserted in a price column, the Procurement Board will assume N/C (No Charge).

Prompt Pay Discount (“PPD”) Vendors should specify what prompt payment discounts are available to the MSLC. It is highly desirable that the Vendor offer a PPD. It is the policy of the Commonwealth of Massachusetts to pay bills on a forty-five (45) day cycle, unless a PPD is offered. Refer to the

Commonwealth of Massachusetts – Standard Contract Form and to the Instructions for “Payments and Prompt Pay Discounts.”

Costs that 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. Neither the MSLC nor the Commonwealth will be responsible for any costs or expenses incurred by Bidders responding to this RFR.

RFR LOT# 2303 Page 5 of 22

Response Provisions:

When responding to this RFR, Bidders should take note of the following provisions:

The MSLC reserves the right to request additional information from Bidders responding to this request. Additionally, upon reviewing the responses the Procurement Management

Team (“PMT”) may decide to have Bidders make oral presentations.

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.

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

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

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.

The narrative response should address all items included in each section of the RFR

The MSLC reserves the right to obtain, from sources other than the Vendor, information concerning a Vendor, the Vendor’s capabilities and the Vendor’s performance under other contracts that the MSLC deems relevant to this bid and the bidder, and to consider such information in evaluating the Vendor’s bid.

Disqualification of Responses:

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

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 also include but are not limited to those responses which fail to address or meet any mandatory item.

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.

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

RFR LOT# 2303 Page 6 of 22 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.

RFR EVALUATION PROCESS

Evaluation Process:

The RFR Evaluation Process will be conducted in three phases. A review team, comprised of members from the PMT, 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 recommendations to the Executive Director who, when necessary, makes recommendations to the

Commissioners of the MSLC for acceptance or rejection. (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/site visit 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.

C. Phase III Review: Cost will be evaluated in relationship to the Phase II Review and scoring of Bidders' responses. The successful bid will be determined based on the one that represents the "best value" overall and achieves the procurement goals.

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

RFR LOT# 2303 Page 7 of 22 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. Failure to participate in an oral presentation, interview or site visit may result in disqualification.

BIDDER SITE VISITS:

Representatives from the Procurement Management Team (“PMT”) will host a site visit for interested vendors to ensure Bidders have a full understanding of the scope of work as described in this RFR, specifically the Canton drive-through project.

Please note: Bidder attendance is mandatory and vendors may be disqualified if they do not attend the scheduled site visit.

Please arrive on February 15, 2023 prior to the start time of 11:00AM in the front lobby at:

Massachusetts State Lottery Commission 40 Industrial Drive Canton, MA 02021

Bidder registration is required prior to the site visits. To register, please send the following information to lotteryprocurement@masslottery.com by February 10, 2023 by 3PM:

• Bidder name

• Company name

• Email

• Phone number

Please refer to the COMMBUYS website for any updates or changes to Bidder site visit schedule or meeting information.

mailto:lotteryprocurement@masslottery.com

RFR LOT# 2303 Page 8 of 22

RFR TERMS AND CONDITIONS

RFR General Information

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.

Procurement Specifications

A. General Requirement.

A response that 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.

B. Best Value Selection and Negotiation.

The PMT may select the response(s) that demonstrates the “Best Value” overall including proposed alternatives that will achieve the procurement goals of the Lottery. The Lottery and selected Bidder(s) may negotiate a change in any element of performance, cost and/or deliverable pursuant to awarding of a contract, subsequent thereto if mutually agreed upon in writing, which results in lower costs or is more cost effective or is an overall better value.

C. 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,1 or any member of the PMT regarding this RFR and may be disqualified for doing so at the discretion 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

1 For purposes of this RFR, “MSLC” includes the following departments, divisions, boards, trusts, and commissions: Office of the State Treasurer and Receiver General (“Treasury”), Advisory Board to the Comptroller, State Retirement Board, Board of Bank Incorporation (Division of Banks and Loan Agencies), Water Pollution Abatement Trust (now known as the Clean Water Trust), Pension Reserves Investment Management Board, Massachusetts Convention Center Authority, Massachusetts School Building Authority, Teachers’ Retirement Board, Alcoholic Beverages Control Commission, Health Care Security Trust, Commissioners on Fireman’s, Economic Empowerment Trust Fund

RFR LOT# 2303 Page 9 of 22 event this RFR is incomplete or the Bidder is having trouble obtaining any required forms electronically through COMMBUYS (https://www.commbuys.com).

D. 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.

E. Change in Financial Condition.

Bidders shall be required to immediately inform the Executive Director or designee 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.

F. 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.

G. 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 http://www.commbuys.com/

RFR LOT# 2303 Page 10 of 22 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”).

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.

H. 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, including but not limited to state agencies, organizations, unions, companies, and/or any other business entities which would conflict with the MSLC. 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.

I. Costs.

Costs that are not specifically identified and defined in the Bidder's response, and accepted by the MSLC, will not be compensated. The MSLC is not responsible for any costs or expenses incurred by Bidders in responding to this RFR.

J. 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/or 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 MSLC 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.

K. Environmental Response Submission Compliance.

RFR LOT# 2303 Page 11 of 22

Documents and items that cannot be submitted electronically, like confidential business references submitted by the reference, or requests for material samples, respectively, must follow all of the Quote submission requirements including Bid Opening Date/Time, Bid Package and Environmental Response Submission Compliance provisions.

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all materials 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, discs, 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.

L. 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.

M. Freight.

Unless otherwise specified herein, 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.

N. Mandatories and Desirables.

Mandatory specifications in this RFR are identified with the words "must", "shall", "will", "mandatory", or "is required". 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

RFR LOT# 2303 Page 12 of 22 evaluation points for “desirable” goods and services.

O. Minimum Bid Duration.

Bidder must certify in their response that the submitted response, including costs, will remain in effect for 150 days from the date of bid submission until either the Bidder withdraws the response in writing, a contract is executed or the procurement is canceled, whichever occurs first.

P. 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

Q. 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.

R. Prime Contractor Responsibility.

The MSLC requires a single point of contact; Bidder acknowledges and accepts responsibility for performance of any Contract that may result from this RFR. Subcontractors may be used, but the Bidder accepts full responsibility for the subcontractor's performance. All subcontractors must be identified by the Bidder and the Bidder must describe the type of contractual arrangement that will exist with all subcontractors. The Bidder shall be responsible for meeting all of the terms of the Contract resulting from the RFR. Prior approval of the MSLC is required for any subcontracted service of the contract. Bidders are responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to meet the same local, state, and federal financial and program reporting requirements and are held to the same reimbursable cost standards as successful Bidders.

S. 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, and all submissions will be treated as confidential until the contract is awarded, all terms are negotiated and documents are executed.

T. 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.

RFR LOT# 2303 Page 13 of 22

U. 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.

V. 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.

COMPONENTS OF PROCUREMENT

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.

Acquisition Method.

X Outright Purchase ❑ License X Fee for Service ❑ Tax-exempt Lease Purchase

❑ Term Lease ❑ Lease Purchase ❑ Rental (not to exceed 6 months) ❑ Other (specify)

Payments will be billed upon performance with no advanced retainer.

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.

Contract Guidelines.

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

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.

RFR LOT# 2303 Page 14 of 22

B. Change in Terms.

The MSLC reserves the right to change, and/or amend 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 procure some, all, or none of the services specified in this RFR.

C. Contract Negotiation and Amendments

The MSLC may negotiate changes to the specifications, requirements, performance, measures, quantities, and/or term length provided in this RFR at any time, provided that such changes are consistent with the scope of this RFR, as may be amended. The MSLC may negotiate additional terms and/or execute contract amendments with the awarded Bidder(s), which the MSLC reasonably determines are within the scope of this RFR and necessary to accomplish the purpose for which this RFR was issued and/or may result in best value to the Commonwealth.

D. Termination or Suspension.

Once retained, a vendor’s service, or a portion thereof, may be terminated or suspended from the MSLC’s contract for poor performance, failure to perform, fraud or other cause, including

MSLC’s sole discretion of performance, at any time without prior notice. The MSLC may terminate vendors from the contract without cause with sixty (60) day prior written notice.

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, in the sole determination of the MSLC, if awarded Bidder’s performance fails to meet contract requirements. The MSLC reserves the right, in its sole discretion to exercise its option to renew, which will not be subject to contractor acceptance or agreement. Any assistance required for

RFR LOT# 2303 Page 15 of 22 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. Price Limitation.

The Bidder must agree that no other state or public entity customer within the Commonwealth of Massachusetts 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 MSLC. Upon request by MSLC, 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. The Bidder in submitting a response acknowledges and agrees to be subject to 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. Qualified Bidders must agree to protect the information, documents, materials (hard copy or digital) and selected Bidders shall provide the same standards of care or better from disclosure as it would its own information, documents and or materials.

2 PHASE ONE REQUIREMENTS

The following are mandatory requirements for the Bidder’s response to satisfy the Phase One

Evaluation criteria and remain in consideration for the Phase Two Response Evaluation.

It shall be the Bidder’s responsibility to read this entire document, review all referenced attachments, and comply with all requirements. Bidders are responsible for reviewing COMMBUYS

RFR LOT# 2303 Page 16 of 22 for all the listed specifications and the required attachments/forms that should be submitted with this RFR Response (in order to be considered for selection). Any change or electronic alteration to the official version of these forms is not permitted and will not be accepted. Failure to submit the required attachments/forms with this RFR Response as specified, will be considered sufficient grounds for rejection of a Bidder’s Response. Specific instructions for completing these documents are included on the forms.

Subject to the following legal and contract requirements, all bidders must certify and/ or provide in their response to the following:

1. Compliance with standards: Bidder shall ensure that all deliverables adhere and comply with industry standards;

2. Security and Confidentiality: Bidder shall hold in strictest confidence any information and material which is related to MSLC other than that information which is now in the public domain through no fault of the bidder, prior disclosure received by 3rd party, subsequent lawful disclosure or obligated to be produced by order of court of competent jurisdiction.

MANDATORY BIDDER REQUIREMENTS

COVER PAGE

Bidders must submit a cover page signed by at least one individual who is authorized to bind the firm contractually.

MINIMUM BIDDER 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.

REPRESENTATIONS AND WARRANTIES

Compliance with all criteria as listed is mandatory in order for a bid to be accepted for further review. Lack of compliance may result in disqualification of the Bidder.

LEGAL AND OTHER REQUIREMENTS

Confirm by checking each legal and other requirement. Where an item cannot be checked as 100% compliant, provide an explanation or clarification of why the item could not be checked or where there are stipulations on the verification of the requirement as stated.

RFR LOT# 2303 Page 17 of 22

DISCLOSURE STATEMENT

Companies seeking to provide professional services to the Massachusetts State Lottery Commission must complete a disclosure statement providing complete and accurate responses to the questions provided. Companies selected to provide such services have a continuing obligation to update responses to these questions, in writing, immediately upon any change to such responses.

MANDATORY FORMS AND ENCLOSURES

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

Response Template. 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. Furthermore, the signatory must be listed on the

Contractor Authorized Signatory Listing form provided in the RFR Response Template.

Electronic signatures will be accepted at time of bid submission however original ink signatures may be required once contracts have been awarded. Successful Bidders who agreed to the terms and conditions of all mandatory forms and enclosures electronically via the COMMBUYS online Quote submission tool must still submit forms as requested by the MSLC with ink signatures within seven

(7) calendar days of award notification or their contract may not be executed by the

Commonwealth.

COST PROPOSAL

The cost proposal(s) must be submitted as a separate attachment on COMMBUYS titled “(Company

Name) Cost Proposal – RFR# 2303.

The Bidder must fully complete the provided Cost Table(s).

3 PHASE II REQUIREMENTS

The Massachusetts State Lottery Commission (“Lottery” or “MSLC”) seeks responses from qualified vendors interested in providing material handling equipment and related services. Equipment includes but is not limited to forklifts, scissor lifts, compressors, scanning equipment, conveyors, and racking needed for MSLC warehousing operations. Services will include but not be limited to space and equipment counseling, installation, training, maintenance, and emergency maintenance on any/all warehousing equipment on premise at an MSLC location.

The MSLC has sole discretion when determining utilization of services and will do so on an as needed basis for equipment and ancillary services related to the MSLC’s warehouses and associated requirements.

The awarded vendor(s) may/will be required to provide separate quotes for equipment and/or complete a statement of work (“SOW”) related to services which will outline requirements and specifications as determined by the MSLC.

MSLC GENERAL INFORMATION

The equipment and services awarded under this contract will cover the materials handling system in the Braintree Distribution Center, Braintree Technical Support Distribution Center, New Bedford

RFR LOT# 2303 Page 18 of 22

Distribution Center, and its materials handling storage systems centers/warehouses in West Springfield, Worcester, Lawrence, Canton, and Braintree.

The MSLC has two conveyor systems. The first system is the New Bedford Distribution System, located at 200 Theodore Rice Blvd, New Bedford, MA 02745. The system consists of Hytrol Gravity and Electrical Conveyors, Presto Scissors Lifts, F.P. International Flow Packer Dunnage System, and

Span Track as manufactured by UNEX.

An additional system is at our Braintree Distribution Center, 1515 Washington St, Braintree, MA

02184. There are presently flow racks with Span Track as manufactured by UNEX, Hytrol gravity conveyor, a 90 degree bend tapered roller curve, as manufactured by Hytrol which discharges onto gravity conveyor. The 30’ zero pressure conveyor is manufactured by Quiet Line. Two (2) Presto

Scissor Lifts are also located at this location.

These locations and equipment are subject to change. In this event, the awarded vendor(s) will be required to include said locations under the scope of this RFR for equipment and service.

EQUIPMENT

A. Products, supplies, materials and equipment related to MSLC warehouse operations will be included in the scope of this RFR. The awarded vendor(s) will be requested to provide separate quotes on an as needed basis including cost and lead time. Potential products and equipment the MSLC may purchase includes but is not limited to:

• Forklifts

• Scissor Lifts

• Compressors

• Scanning devices (stationary, wearables, and handhelds)

• Material Handling Systems

• Racking

• Conveyors

• Warehouse Management Systems

• Various used material handling equipment

• Rentals or lease of equipment

• Robotics

• Indoor vertical shelving

• Organizational/Security Equipment and Systems

• Miscellaneous Peripherals

• Miscellaneous Warehouse Products

• Replacement Parts

B. Bidders should have the ability to supply, maintain, and install the products listed above as well as any other products purchased under the scope of this RFR.

C. All equipment must include a manufacturer’s warranty. This warranty must be provided with all equipment quotes and be agreed upon by both the MSLC and awarded vendor.

D. The MSLC may at any time request a manufactures invoice from the awarded vendor(s) to confirm % markup.

RFR LOT# 2303 Page 19 of 22

E. The successful Bidder must be able to furnish any and all new equipment/parts as manufactured by the listed manufacturers. Generic parts will be allowed but all parts should be quoted on new/generic/used parts.

F. Bidders must provide a list of their preferred vendors for supplies and equipment.

G. Regular freight can/will be invoiced to the MSLC at cost.

SERVICES

Installation

The awarded vendor(s) will be required to provide installation services for all equipment purchased under the scope of this RFR. This will include new equipment purchases and/or modifications to current equipment on-site.

Software and Licensing

The necessary software and licensing to support the MSLC warehousing systems and/or upgrades to the warehouse management system will be included under this RFR. Awarded vendor(s) under this RFR will be required to provide a quote and/or SOW related to the equipment, products, and services related to the warehouse management system if requested to increase functionality and improve efficiency for warehouse operations.

Moving

The awarded vendor(s) may be required to assist in the move of equipment, racking, conveyors etc.

if applicable or necessary. MSLC warehouse and distribution locations are subject to change.

Permittin…