RFR - FurnitureMaking - 10.30.2018.pdf

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF CORRECTION

MASSCOR

1 INDUSTRIES DRIVE, BUILDING A, NORFOLK, MA 02056

Request for Response (RFR)

Document Title: Furniture Making

COMMBUYS Bid#: BD-18-1025-DOCIF-7500-25678

Agency Document Number: 18-IND-7500-FurnitureMaking

April 9, 2018

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

RFR 18-IND-7500-FurnitureMaking / COMMBUYS Bid# BD-18-1025-DOCIF-7500-25678

1.1 Procurement Scope and Description

1.2 Applicable Procurement Law

1.3 Number of awards

1.4 Adding Contractors after initial Contract award

1.5 Eligible Entities

1.6 Acquisition Method(s)

1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract

1.8 Contract Duration

1.9 Estimated Value of the Contract

1.9.1 Basis for estimated dollar value for this Contract (including all options to renew)

2 ESTIMATED PROCUREMENT CALENDAR

2.1 Written questions via the Bid Q&A on COMMBUYS

2.2 Locating Bid Q&A

2.3 Amendment Deadline

3 SPECIFICATIONS

3.1 Bidder Qualifications

3.1.1 Company certifications and affiliations

3.1.2 Company experience

3.1.3 Financial stability including bankruptcy, litigation and contract defaults

3.1.4 References and reference information and/or requirements

3.1.5 Employee requirements

3.2 Commodity Specifications

3.2.1 Functional description

3.2.2 Brand name or equal

3.2.3 Product Standards

3.2.4 Approvals and standards (UL, CE, FCC, FDA, ASTM, IEEE)

3.2.5 Warranties and/or guarantees

3.2.6 Product evaluations

3.2.7 New in the box, most current version and not discontinued by the manufacturer

3.2.8 Recalls

3.2.9 Return Policy

3.2.10 Trade-Ins

3.2.11 Adding or Removing Products

3.3 Service Specifications

3.3.1 Training and Technical Support

3.3.2 Emergency response plans/preparedness

3.3.3 Design, installation, disassembly and re-installation requirements

3.3.4 Post-installation

3.3.5 Time & Material Service and Repairs

3.3.6 Service Maintenance Plan

3.3.7 Delivery and Shipping

3.3.8 Insurance

3.4 Environmental Specifications

3.4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

3.5 Compensation Structure/Pricing

3.5.1 Cost tables/Pricing

3.5.2 Price adjustments

3.5.3 Discounts available

3.5.4 Fuel surcharge provisions

3.5.5 Shipping FOB Destination

3.5.6 Charges for Quotes

4 OTHER TERMS

4.1 Department of Correction (DOC) Terms

4.2 Prison Rape Elimination Act (PREA)

4.3 Service Schedule (Dates and Times)

4.4 Contractor’s Terms and Conditions

4.5 Reporting

4.6 Security and confidentiality

4.7 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

4.8 Change notification

4.9 Online ordering capability

4.10 Order cancellations

4.11 Account Numbers

4.12 Invoices

4.13 Purchase Order Numbers

4.14 Payments

4.15 MASS Finance web-site

4.16 Justified Credits

4.17 Alternatives

4.18 Contract Amendments

4.19 Contract Renewal

4.20 Failure to perform contractual obligations

5 AUDIT

6 EVALUATION CRITERIA

6.1 Mandatory requirements

6.2 Desirable specifications

6.3 Alternatives

6.4 Evaluation Components

6.4.1 Price

6.4.2 Supplier Diversity Plan (formerly Affirmative Market Plan) (minimum of 10% weight)

6.4.3 Best and Final Offer (BAFO)

6.4.4 Company certifications and affiliations

6.4.5 Company experience

6.4.6 Correctional Industries experience

6.4.7 Financial stability including DUNS Reports, bankruptcy, litigation and contract defaults

6.4.8 References and reference information and/or requirements

6.4.9 Employee requirements

6.4.10 Warranties / Guaranties

6.4.11 Product evaluation (test report)

6.4.12 Recalls

6.4.13 Return Policy

6.4.14 Trade-Ins

6.4.15 Training / Technical Support

6.4.16 Other desirable or optional specifications

7 HOW TO SUBMIT AN ELECTRONIC QUOTE

7.1 Quote Submission Method

7.2 COMMBUYS Quote Submission Training and Instructions

7.3 COMMBUYS Support

7.4 Bid Opening Date/Time

7.5 Quote Contents

7.5.1 RFR Submission Checklist

7.5.2 Electronic Signatures

7.5.3 Ink Signatures

7.6 Limits and Restrictions

7.6.1 File Format Restrictions

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

7.7.2 After Bid Opening Date/Time

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Access to security-sensitive information

8.1.2 Alterations

8.1.3 Ownership of Submitted Quotes

8.1.4 Prohibitions

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

8.2.2 Contractor’s Contact Information

8.2.3 Contractual Status of Orders and Service Contracts

8.2.4 Publicity

9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

10 APPENDIX 3 - OTHER SPECIFICATIONS

11 APPENDIX 4 – REQUIRED TERMS FOR ALL INFORMATION TECHNOLOGY RFR’S

11.1 Enterprise Policy and Standards

11.2 Clarification of Language in Section 11, Indemnification of the Commonwealth Terms and Conditions36

12 APPENDIX 5 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF COMMONWEALTH STANDARD FORMS

12.1 Commonwealth Standard Contract Form

12.2 Commonwealth Terms and Conditions

12.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

12.4 Contractor Authorized Signatory Listing

12.5 Authorization for Electronic Payment Form

12.6 Response Form A

12.6.1 Supplier Diversity Program Plan Form 1 & 2

12.6.2 PREA Acknowledgment Form

12.6.3 Prompt Payment Discount Form

12.6.4 Business Reference Form

12.6.5 Additional Environmentally Preferable Products / Practices

13 APPENDIX 6- INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY THROUGH COMMBUYS 40

14 APPENDIX 7 - GLOSSARY

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts, MassCor Division of the Department of Correction is soliciting Bidders for the acquisition of commodities included but not limited too;

Category Description (including but limited too)

1. Equipment Furniture Making related manufacturing Equipment Software and tools

2. Services Furniture Making Equipment, Software and tool servicing

3. Furniture

a. Modular

b. Semi‐Finished

c. Knock down

d. Misc. Furniture

4. Misc. Parts, Supplies, Hardware and related

Items

Misc. furniture parts, Catches, Latches, Bumpers, Hinges, Handles, Caps, Slides, Glides, Levelers, Casters, Swivels, Edgebanding and other related items

These commodities are to be delivered to any of MassCor’s locations to include but not limited to:

MCI Norfolk 2 Clark Street Norfolk, MA 02056 50 Maple Street, Milford, MA 01757 1 Harvard Road, Shirley, MA 01464

MassCor reserves the right to have deliveries made to any other location in the Department of Correction and customers as requested at no additional charge.

1.2 Applicable Procurement Law

This Bid is issued under the following law(s):

MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.3 Number of awards

The target maximum number of Contractors is 18. This is a target number; the SST may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

1.4 Adding Contractors after initial Contract award

If, over the life of the Contract, the Strategic Sourcing Team (SST) determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

1.5 Eligible Entities

Any contract resulting from this Bid will be open for use to the Issuing Entity Only, MassCor.

1.6 Acquisition Method(s)

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

1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance or other agreements for services already in place unless MassCor also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main contract.

1.8 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of Options Number of Years/Months

Initial Duration Up to 3 years

Renewal Options 4 options to renew up to 3 years, each option

Total Maximum Contract Duration 15 years

No goods may be ordered and no new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

1.9 Estimated Value of the Contract

The estimated value of purchase(s) resulting from modular, semi‐finished and knockdown furniture is $4,350,000.00. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

The estimated value parts, supplies, related items, services and related equipment to furniture making are to be negotiated. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

1.9.1 Basis for estimated dollar value for this Contract (including all options to renew)

The “Estimated Value (US$)” for modular, semi‐finished and knockdown furniture was derived by reviewing Contractor sales for FY17 and the “Estimates Value (US$)” for parts, supplies, related items, services and related furniture making equipment is to negotiated due to the fluctuation within the market and possible expansion for MassCor.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date April 9, 2018

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

May 14, 2018

Official Answers for Bid Q&A published (Estimated) May 16, 2018

Bid Amendment Deadline / Online Quote submission begins. Bid documents will not be amended after this date.

May 18, 2018

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

May 21, 2018 at 2:00 PM

Notification of Apparent Successful Bidder(s) (Estimated)

May 2018

Negotiations (Estimated) May 2018

Estimated Contract Start Date June 1, 2018

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

NOTE: Procurement Calendar activities should be in the order of the calendar. Therefore, if there is a Physical Bidders Conference and/or Site Visit, they would be listed prior to the Written questions via the Bid Q&A, as they appear in the calendar above.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. MassCor reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that any questions submitted to the SST using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

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

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. MassCor and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email 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 email communications sent to/from the prospective Bidder/Awarded contractor and MassCor to be lost or rejected by any means including email or spam filtering.

2.2 Locating Bid Q&A

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

2.3 Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out‐of‐date Bid or on information received from a source other than COMMBUYS.

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

All specifications in this section apply to all Bidders who receive an award resulting from this RFR. The responses, as submitted, must meet or exceed all of the mandatory specifications contained within this

RFR.

3.1.1 Company certifications and affiliations

Authorization letters from Manufacturers or Dealers

If a Bidder is submitting a response to a Commodity as an authorized dealer, the Bidder must submit written certification from the appropriate Manufacturer stating that the bidder is an authorized dealer for the manufacturer’s product/services available and that the manufacturer(s) will support the bidder with adequate inventory of product for purchase by the Eligible Entities for the contract term.

The certification must identify the bidder and the bid identification number (18‐IND‐7500‐ FurnitureMaking) and the commodities/services the certification is authorizing the bidder to sell and service product. Failure to comply with the certification requirement may result in deductions during the evaluation process. The Authorized Dealer is responsible for notifying MassCor Contract Manager during the contract term of any changes to the manufacturer’s certification. If the certification becomes invalid during the term of the contract the awarded bidder will be removed. Please Identify all certification and certified repair technicians on Response Form A, Section 5

If a Bidder is submitting a response to a Commodity as a Manufacturer, the Bidder must submit a list of their Authorized Dealers. Unless stated otherwise, a Manufacturer Bidder is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFR on behalf of the Manufacturer. Any such dealer will be considered a subcontractor of the Proposer/Vendor, and the Bidder must list them as such on the Bidder Response Form. Purchase Orders will be sent to the primary awarded bidder and not their subcontractors/dealers, unless otherwise approved by an authorized MassCor personnel. Please identify all related subcontracts/Authorized dealers on Response Form A, Section 5.8.

MassCor anticipates that it may acquire equipment related to furniture making. It is desirable that Bidders be able to provide and service more equipment than as listed in Section 1 of this RFR. MassCor will provide a Statement of Work at the time a quote is requested from approved Vendors. Bidders shall submit with their response a list of all related furniture making equipment they are certified by the OEM to sell, install, repair and service. Document this information on Response Form A, Section 5.1.

3.1.2 Company experience

Business Background Bidders must submit a brief description of their business and business background on Response Form A, Section 4.1.

Years in Business All Bidders must have been in business for at least one year preceding the release date of the RFR for each category that they are submitting a bid.

In the case of vendors which have new Tax ID numbers as a result of a merger or acquisition, the SST wishes to consider the experience and qualifications of the companies which combined to create the new entity.

In the response to this section, Bidders must identify any changes to the company’s Tax ID which took place as a result of a merger or acquisition within the past two years. Provide a sufficient description for

3.1.3

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MassCor reserves the right to have deliveries made to any other location in the Department of Correction and customers as requested at no additional charge.

The items listed on Price Sheets do not constitute an all‐inclusive list of items to be purchased under this contract. These items are specifically listed for the purpose of determining acceptable pricing or discounts on items purchased in the past. Other related items, equipment and services may be purchased from the awarded Contractor(s).

Bidders submitting bids for equipment or services related to Furniture Making are to attach a catalog listings for equipment/tools/software and will define service hourly rate. If awarded, when MassCor needs equipment/tools/software/service/maintenance shops will provide a statement of work to prequalified vendors outlining specifications.

3.2.2 Brand name or equal

Unless otherwise specified in this Bid, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Bid to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

3.2.3 Product Standards

Products provided by Contractors must be commercial grade and meet all Federal, State and local standards for quality and safety requirements. Products not meeting these standards will be deemed unacceptable and will be returned to the Contractor at no charge to MassCor.

All applicable products provided by Contractors under the terms of any contract must bear the Safety Data Sheet (SDS) and label as required by law. Also, SDS will accompany applicable deliveries.

3.2.4 Approvals and standards (UL, CE, FCC, FDA, ASTM, IEEE)

The following links as of the release of this Request for Response are the most current approved industry standards for equipment and services. All equipment and quality of services must meet the minimum standards listed below that are appropriate during the term of the Contract.

Awarded Bidders product with electrical components must meet all appropriate current and future

Underwriters Laboratories Inc. (UL) specifications. Bidders must submit a statement from the manufacturer stating the product offered meets or exceeds set standards and will maintain all appropriate UL standards for the term of the Contract along with the UL/Canadian Standard Association (CSA) standards.

American’s With Disabilities Act (ADA) Standards The Bidder must identify product sampling within the manufacturer’s catalog that meets the ADA requirements on the appropriate cost sheet attachment(s).

ASTM International, originally known as the American Society for Testing and Materials (ASTM) http://www.astm.org/

Flammability Standards CAL TB‐133 and CAL TB‐117‐2013. All upholstered or re‐upholstered furniture and molded seating must meet all flammability requirements were applicable.

3.2.5 Warranties and/or guarantees

All items/services will be covered under manufacturer warranty. Awarded Contractors must honor the manufacturer’s warranty. The Awarded Contractor will promptly replace and install any product that has been damaged in transit, or that fails during the warranty period. Replacement parts and installation made under the warranty shall be free of charge. Manufacturer warranty time frame will be outlined in Response Form A, Section 5.3.

3.2.6 Product evaluations

Bidders are to submit certified test reports for commodities that meet CAL TB‐133 and CAL TB‐117‐2013 standard. These test reports are to be submitted with their Response.

Failure to test reports may result in the deduction of points during the evaluation process.

3.2.7 New in the box, most current version and not discontinued by the manufacturer All products and equipment shall be new and be in excellent working condition. Bids only for equipment shall be currently in production and available for sale at the time of the bid opening date of this contract. Discontinued equipment not being actively marketed by the OEM for domestic sales should not be submitted and will not be considered. MassCor reserves the right to require OEM documentation to confirm equipment eligibility under this Contract.

Additionally, MassCor reserves the right to purchase floor models if such equipment/machinery is determined by the SST to be Best Value

3.2.8 Recalls

In the event of a manufacturer’s recall, awarded Contractors will be responsible for contacting MassCor and specific facilities affected by the recall. The Bidder will be responsible for providing and replacing any defective materials and/or parts of the manufacturer at no additional cost to MassCor. The Bidder’s procedure for recalls is to be described in Response Form A, Section 5.4.

3.2.9 Return Policy

The Bidder must include their written return policy with their written response on Response Form A, Section 5.5 Replacements will be delivered in accordance with MassCor’s request. If no return policy is specified and therefore accepted as part of the contract, the Contractor will assume that MassCor can return items to the awarded Contractors for up to one year for full refund.

3.2.10 Trade‐Ins

Trade‐ins may be authorized provided MassCor adheres to the state surplus property guidelines for turn‐in or disposal of equipment. Contractors that have agreed to accept trade‐ins must negotiate in good faith with MassCor trade‐in value at the time of trade‐in. Contractors MUST accept trade‐ins that are an equal of the product being purchased ONLY. Please Define your ability to accept trade‐ins on response Form A, Section 5.7.

3.2.11 Adding or Removing Products.

While all authorized products offered by the Contractors will be available to MassCor, MassCor may remove, before or after the award, any product if deemed in the best interest of MassCor. Reasons for such action include, but are not limited to, environmental concerns or new information, product failure to perform as specified or unjustified price increase considered unreasonable by the SST.

To obtain authorization to add a product to any Contract resulting from this RFR, the products should comply with the specifications and scope/description established in the original RFR and the bidder/contractor must supply all supporting information and research available to the SST for consideration.

3.3 Service Specifications

3.3.1 Training and Technical Support (if applicable)

Upon delivery and installation of specified equipment, Contractors and/or authorized dealers must agree to provide training to personnel designated by MassCor. Operational training must be provided to personnel within MassCor until the personnel are able to operate the equipment and software independently. It is requested that additional training be provided as needed throughout the term of this Contract, at no additional charge. The amount of training is to be determined by MassCor.

The Contractor must agree to maintain a toll‐free technical support telephone line 24/7 (if applicable).

This can be documented on Response Form A, Section 5.9. The telephone line shall be accessible to MassCor personnel who need to obtain competent technical assistance regarding the installation or operation of the Contractors equipment.

Any such training performed upon delivery or at any point throughout the duration of the Contract must also include information on all environmental features of each item, including but not limited to:

energy efficiency modes and their operation, extent to which any supplies and other packaging may be for recycling, remanufacturing, and the environmental and economic benefits of these features. Please define your training program on Response Form A, Section 5.9.

In regards to software offered, the Contractor shall provide, at a minimum, including but not limited to the following:

Bug fixes

Upgrade protection

Technical Support (other than on‐site support)

Web resources

Telephone support

3.3.2 Emergency response plans/preparedness

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

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

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

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

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

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

3.3.3 Design, installation, disassembly and re‐installation requirements Bidders must be able to provide design, installation, disassembly and re‐installation services. If any one of these services are required it is the Awarded Bidder’s responsibility prior to delivery, to survey and review the particular location to ensure the existing proposed location will meet the manufacturer’s established installation, disassembly and re‐installation criteria.

The Bidder and MassCor must determine prior to any installation, disassembly or re‐installation being performed whether a portion and/or the service(s) requested is non‐prevailing wage or prevailing wage. If a portion and/or the entire installation is determined by MassCor and Awarded Bidder as prevailing wage, the Awarded Bidder and MassCor must follow the prevailing wage requirements.

A successful installation, disassembly and/or reassembly is constituted by the product being fully capable of functioning to its fullest capacity and according to its design and is unencumbered by flaws resulting from poor installation. A final sign‐off will be given by user acknowledging acceptance of a successful installation.

The cost for installation, disassembly or re‐installation services should not be included by the bidder in the cost of the product. These services must be quoted and agreed to by MassCor prior to service, and billed as a separate line item in compliance with the applicable hourly labor rates. The Bidder must be able to provide these services utilizing their own personnel or sub‐contractor(s) for the term of the contract at the applicable hourly labor rates. Bidders must indicate the use of service subcontractors both on the Price Sheet and on Response Form A, Section 5.10.

3.3.4 Post‐installation

The Contractor is responsible to ensure that the location where equipment was installed is cleared of any materials utilized for packing or shipping, and that such materials are recycled by the Contractor, unless mutually agreed upon by the Contractor and MassCor.

3.3.5 Time & Material Service and Repairs

Any material to be used shall be new, unused, and of recent manufacture (unless otherwise approved in writing by MassCor) and may be tested and inspected at any time. All work or service provided by Contractors shall be completed in a professional and timely manner.

3.3.6 Service Maintenance Plan

It is desirable that the Bidders be able to provide maintenance options for MassCor to select from.

Bidders must provide an annual service maintenance plan with their response at the time a quote is requested with a statement of work with future equipment/software purchases.

The Contractor must respond within two (2) hours after they receive written or oral notice of a service call for equipment or software issues.

The Contractor must send a service technician to repair or upgrade the metal fabrication equipment or software within a reasonable amount of time as agreed upon by MassCor personnel. All return service calls and onsite responses shall be made during MassCor business hours unless otherwise specified by MassCor.

Standard business hours are 7:30 A.M. to 3:30 P.M, Monday through Friday, except designated Commonwealth of Massachusetts holidays.

If the equipment includes licensed software, the Contractor shall provide software support. All payments for maintenance service will be made to the Contractor.

3.3.7 Delivery and Shipping

All pricing is to include F.O.B. delivery to the ordering facility. Any request for extra delivery costs must be pre‐approved by authorized MassCor personnel as this contract will not allow delivery, freight fuel charges etc. without prior approval. Liability for product delivery remains with the Contractor until properly delivered and signed for in accordance with MassCor and the Commonwealth Terms & Conditions.

MassCor reserves the right to reject items delivered late. Failure to deliver on time and quantities as ordered may be grounds for termination of the contract. The receipt of commodities in a timely manner is critical to MassCor’s daily operations.

The “Background Information Request and Waiver” Form is required for all drivers/deliveries. This form must be completed and emailed to the Shop Manager two (2) Commonwealth Business Days in advance of proposed delivery. All deliveries must be confirmed by phone 24 hours prior to delivery by contacting the Shop Manager. It is also highly advisable to send delivery confirmation to MassCor Industries via email.

Delivery Hours: Monday – Friday, 8:00 am – 11:00 am and 1:00 pm – 2:15 pm.

No deliveries on Saturday and Sunday, designated state holidays and when the institution is in lockdown or there are security issues beyond MassCor’s control. Only dedicated loads (no sleepers) are permitted within the institutions, no other freight is allowed. All trucks are to enter with their delivery and return empty. Awarded bidders must not over ship. Over shipments will be returned at the contractor’s expense.

Over Shipments: Overages will not be allowed without prior written authorization from authorized MassCor personnel.

Partial Shipments: Although it is highly desirable that orders be shipped in their entirety, partial shipments may be allowed with prior written authorization from authorized MassCor personnel.

3.3.8 Insurance

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

The Commonwealth of Massachusetts is self‐insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L. c. 258 (which has the same affect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L. c. 29, § 30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own. In the event that MassCor needs additional insurance coverage than what is provided by a Contractor and in order to adequately insure the value of the assets being moved (for example computer servers), then MassCor is authorized to pay a higher premium for the CONTRACTOR TO INSURE the assets for loss and replacement and NOT for the Commonwealth to purchase a separate policy in the name of the Commonwealth.

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

Worker’s Compensation Insurance By signing the Commonwealth Standard Contract Form and Instructions (found at http://www.mass.gov/Aosc/docs/Forms/Contracts/standard_contract_frm.doc), the Bidder confirms compliance with applicable state and federal employment laws and regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152.

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

Comprehensive Business Motor Vehicle Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of a motor vehicle.

Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per each occurrence; $1,000,000 aggregate.

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

3.4 Environmental Specifications

3.4.1 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the Executive Order or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf.

3.5 Compensation Structure/Pricing

All Bidders are to complete the pricing spreadsheet for one any or all categories to include but not limited to; Equipment, Services, Furniture and Misc. Parts, Supplies, Hardware and related Items, which is located on Commbuy’s in an Excel Workbook titled “Pricing”. Bidders do not have to bid on all categories and if vendors are seeking to bid only are parts, supplies, related items, service and equipment please list catalogs on “Pricing” file, attach price list or send catalogs to contract manager as listed below.

Tiffany Myers Massachusetts Department of Correction Contracts Department 50 Maples Street, Suite 3 Milford, MA 01757

Please Make sure to Write Bid Document number on the front of the package as it cannot be opened until Bid Opening Date as listed in the Calendar in Section 2.

Pricing sheets to not constitute an all‐inclusive list of items/services to be provided to MassCor.

Pricing will be fixed for 1 year. The awarded Contractor(s) may adjust pricing on an annual basis by initiating a Price Adjustment request defined in section 3.5.2 Price Adjustments

3.5.1 Cost tables/Pricing

Compensation will be based solely on the cost sheets, quotes or catalogs supplied by the Bidder that are accepted by the SST. Cost sheets do not constitute an all‐inclusive list of items to be provided to MassCor. These items are specifically listed for the purpose of determining acceptable pricing or discounts on items purchased in the past. Other related items may be purchased from the awarded Contractor(s).

Mark up % or Cost plus %: If this contract requires Bidders/contractors to quote for materials, supplies and any other items on a “Mark up %” or “Cost Plus %”, the contractor (when requested by the department) is required to submit, to the requesting department, a copy of their original manufacturer’s invoice (or other official documentation) to prove accuracy of their mark up or cost plus total. When requested by the department, the contractor shall submit this documentation within 5 working days upon the department’s request. The referencing invoice will not be processed for payment until satisfactory documentation is received; and will not be considered late payment. Any written credits shall be immediately issued to the department along with justification of error. This requirement may also be a part of the contract performance evaluation. Failure to provide this documentation may result in immediate termination of contract. In addition, if the contractor is found non‐compliant (not charging the department the contract rate), it may also result in immediate termination of contract.

3.5.2 Price adjustments

Any requests for price changes must be submitted prior to the contract renewal to be considered for the renewal period. Any such requests must be accompanied by documentation supporting the reasons for the requested change. The request, written on the Contractor’s letterhead must include:

identified price increases and their source and copies of old and new price lists, if applicable, reflecting price changes. The same requirement shall apply to pricing established under any service agreement between an activating entity and a Contractor.

The SST will address price change requests by either negotiating a price change and renewing the contract at the new price or denying the requested price increase and renewing the contract at the previous contract price. MassCor will be advised of and will automatically receive the benefit of any price decreases retroactive to the dates of such decreases. It is the Contractor’s responsibility to notify the SST of any such decrease. The SST reserves the right to negotiate price reductions based on increased volume at any point in duration of the contract.

The SST reserves the right to consider price increase requests in emergency situations and situations beyond vendors control such as Tariff’s. The SST decision on whether a specific situation is an emergency or beyond the vendors control is final.

3.5.3 Discounts available

Bidders are to provide any and all discounts on Response Form A or list on Price sheets.

Volume Purchase Discounts (VPD) Bidders are to define in detail any volume discounts available. It is desirable that Bidders offer a volume purchase discount percentage. If a VPD is provided, it is desirable that the invoice shows the amount of the VPD and deducts it from the total amount of the invoice. This is desirable for both manual and electronic invoices, if electronic invoices are provided.

Special Purchases or Bulk Orders MassCor reserves the right and is entitled to take advantage of “close‐out” pricing, sales or marketing incentive discounts, or other such negotiated discounts that a contractor would offer to other comparable clients and that would be of “best value” to the department. In this case, MassCor reserves the right to negotiate said purchase with the contractor(s). In addition, the contractor may offer discounts for bulk (large) orders.

Prompt Pay Discounts (PPD) All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on‐time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit agreeable terms for Prompt Payment Discount unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST on a case‐by‐case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote.

3.5.4 Fuel surcharge provisions

Any Bidder(s) awarded a contract as a result of this RFR will not charge any additional fuel surcharges on any order received from MassCor. MassCor will NOT be required to pay any additional fuel surcharges, unless approved by authorized MassCor personnel.

3.5.5 Shipping FOB Destination

All pricing is to include F.O.B. delivery to the ordering facility with no shipping, freight, delivery, handling, or any other like charges to be paid by the users of this contract, without prior written authorization from authorized MassCor personnel.

3.5.6 Charges for Quotes

Charges for quotes will not be accepted as part of this contract. MassCor will not process and will not be responsible for any costs associated with quotes.

4 OTHER TERMS

4.1 Department of Correction (DOC) Terms

Because this contract will service state prisons, the Contractor should be aware that emergency situations may occur which could prevent scheduled services to be rendered. In any such case, the Contractor may not be admitted into the applicable institution(s) or on state property, which would not allow the Contractor to perform their service. In these situations, the Contractor will make every effort to return, upon notice by the Department, to perform the scheduled service.