RFR - Gym equipment and repair~1.doc

REQUEST FOR RESPONSE

Recreation/Athletic/Physical Fitness Equipment, Repair & Maintenance RFR #SP15-GYM-Q64 / COMMBUYS Bid# BD-15-1084-POLGH-GHQ-00000002

ISSUE DATE:

The Commonwealth of Massachusetts

Executive Office OF PUBLIC SAFETY

DEPARTMENT OF STATE POLICE

Document Title: SP15-GYM-Q64 Recreational/Athletic/Physical Fitness

Equipment, Accessories, Supplies, And Services

ASK "RFR Number/Document Number" \* MERGEFORMAT

Procurement Category

Procurement Scope and Description

11.1

PRODUCT CATEGORIES:

11.2 Background information

11.3 Applicable Procurement Law

21.4 Number of awards

21.5 Adding Vendors after initial Contract award

21.6 Eligible Entities

21.7 Acquisition Method

21.8 Contract Duration

21.9 Estimated Value of the Contract

21.10 Estimated Procurement Calendar:

31.11 Written questions via the Bid Q&A on COMMBUYS

31.12 Locating Bid Q&A

31.13 Amendment Deadline

Specifications

42.1 A. Technical Specifications Requirements – Category 1

42.2 Technical Specifications Requirements – Category 2

52.3 Technical Specifications Requirements – Category 3

62.4 Technical Specification Requirements Category 4

62.5 Bidder Qualifications

72.6 Geographic Service Area

72.7 Insurance

72.8 References Requirements

72.9 General Specifications

72.9.1 No Pre-Payments

82.9.2 No Minimum Charge

82.9.3 No Additional Charge

82.10 Special Conditions

82.11 Emergency response plans/preparedness

Compensation Structure/Pricing

83.1 General

83.2 Pricing Project Quote Based

83.3 Pricing Hourly Based

83.4 Request for Quotes

93.5 Prompt Pay Discounts (PPD)

93.6 Surcharges/Fees

93.7 Billing/Invoicing

93.8 Incorrect Invoices

93.9 Payments to Vendors

93.10 Audit of Records

103.11 No Credit Rating

103.12 Supplier Diversity Program (SDP)

103.13 Performance Measurements

113.14 Security and confidentiality

113.15 Change notification

113.16 Identification and approval of subcontractors & Joint ventures

113.17 Failure to perform contractual obligations

113.18 Environmentally Preferable Products and Services

Evaluation criteria

114.1 Mandatory requirements

114.2 Desirable specifications

124.3 Alternatives

124.4 Evaluation Criteria for Award

124.5 Price

124.6 Supplier Diversity Plan (minimum of 10% weight)

124.7 Company experience

How to Submit a Bid Response

Required Forms

Additional Attachments

1 Procurement Scope and Description The Commonwealth of Massachusetts Department of State Police’s (MSP) sound business practice is to issue an open, competitive and fair solicitation to prequalify Bidders for the acquisition of the purchase of Recreational, Athletic, Physical Fitness Equipment, Accessories, Supplies, and Services. Products and services (identified in this section and other RFR sections) are to include, but are not limited to:

· Aerobic and weight resistance training products, related equipment (including lockers and locks), supplies, accessories, services

1.1 PRODUCTS:

This Contract will include sub- categories with Contract Awards as indicated below.

Physical Fitness Equipment, Accessories, Supplies and Services (for aerobic and weight resistance training activity, lockers and locks). Specification requirements for are listed in this RFR on Page 4.

Bidders are advised that MSP (1) restricts submission of written questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only, and (3) requires submission of a Supplier Diversity Program (SDP) Plan as specified in the RFR file attached to this Bid. Bidders are solely responsible to monitor this site for Bid amendments, if any. Bidders may monitor the record by frequently checking the Header Information for the list of Amendments. Bidders with active COMMBUYS accounts may also monitor the record through COMMBUYS email notification and record tracking tools enabled when a vendor acknowledges receipt of a bid. To establish a COMMBUYS account, bidders must select the Register link on www.commbuys.com and complete the online subscription process. Any paper responses will be deemed unresponsive and disqualified.

1.2 Background information

The Massachusetts State Police currently uses the DYS2009-008 contract which expired on 8/31/2014. The State Police is creating their own contract to prequalify bidders within various trade categories for use by State Police Facilities throughout the Commonwealth.

1.3 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)

Per MSP business practice, quotes will be obtained from the prequalified bidders for each job/project as needed.

1.4 Number of awards

The target number of Vendors will vary per Category. The Strategic Sourcing Team (SST) will award the number of contracts that is in the best interests of the Commonwealth. There will be an objective to ensure that there is adequate coverage for Recreation/Athletic/Physical Fitness Equipment, Repair & maintenance in all State Police Facilities throughout the Commonwealth. Awards will be based on the highest scoring Bidders based on responses.

1.5 Adding Vendors after initial Contract award

If, over the life of the Contract, the SST determines that additional Vendors and/or services should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts.

This is an Open Enrollment Contract. Under the open enrollment process, the RFR will be re-opened for bid each February, allowing bidders to respond each year for the first seven (7) years. All contracts will expire simultaneously.

1.6 Eligible Entities

Any contract resulting from this Bid will be open for use by the MSP as well as agencies legislatively mandated in the General Appropriation Act.

1.7 Acquisition Method

The acquisition method(s) to acquire services from this Solicitation are Fee for Service.

1.8 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Total Maximum Contract Duration

8 years Initial Number of Years/Months for the Initial Term Plus All Renewal Periods

All services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than six (6) months beyond the final termination date of this Contract. No new services may be executed after the Contract has expired.

1.9 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $5,000. 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.

1.10 Estimated Procurement Calendar:

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

1.11 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. The issuing department 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 Vendor 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. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Vendor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Vendor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded Vendor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

1.12 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.

1.13 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.

2 Specifications

Additional required terms appear in the “Attachment” tab of this Bid within COMMBUYS. Bidders are required to dictate which trade they are bidding on within their response and must provide proper licensing within the given trade.

2.1 Technical Specifications Requirements

Physical Fitness Equipment, Accessories and Supplies and Services (for Aerobic and Weight Resistance Training Activity, Lockers and Locks)

The SST has identified (3) Subcategories for Aerobic and Weight resistance training which includes equipment, accessories, supplies and services for Category 3--Physical Fitness and are described as follows:

a) Stationary Bikes

a) Fitness Machines

a) Lockers

b) Treadmills

b) Weight Resistance Machines

b) Locks

c) Stair Climbers

c) Free Weights

d) Step Aerobics

d) Body Weights

e) Cross Trainers

e) Mats

f) elliptical trainer

f) Aquatic Fitness

g) freestanding stairs

Equip., Accessories,

h) Physio Ball Rack

And Supplies

g) hydro collator with rack

h) freestanding parallel bars

A. Specifications: Subcategory 1 and 2 products listed here will be used for strength, cardiovascular and aerobic training. Subcategory 3 locker and lock products listed here will be used to store equipment, accessories and supplies for all RFR categories and subcategories. All equipment, accessories and supplies for which responses are submitted must be new and the latest models. All items within this category and/or subcategories, where applicable, must be warranted to be free of defects and meet accepted standards and specifications as detailed. All products must be of institutional/commercial grade designed for heavy use. Products will be frequently used on a daily basis by several people. Specifications must meet or exceed the industry commercial standard for rugged, dependable design, coming in a wide variety of configurations and sizes for a diversity of application levels.

B. Manufacturers: Bidders must identify all manufacturer(s) and suppliers for which bid submission is made within the (3) subcategories on RFR, providing Dated/Numbered Catalog/Price List for each product category or subcategory offered with bid response.

C. Service available: Bidders may submit bid responses to offer associated services for products by responding to the items listed on in COMMBUYS. Bidders may include any other associated services offered that are not listed.

D. Service & Maintenance: Bidders may also submit bid responses to repair and/or service any or all of the equipment provided under "Service/Maintenance", listing the equipment to be serviced and providing the documented certification requirements recommended by the Manufacturer for such services. A copy of all certifications must accompany the bid and be presented to the purchasing entity at time services are rendered.

2.2 Bidder Qualifications

Bidder must have been in the same business for three (3) years prior to the release date of the Bid. If the Bidder has not been in business within the previous three years, please identify all substantial structural changes related to the ownership or management of the business. This includes, but not limited to, merger, acquisition, change in control, bankruptcy. If you have identified any such substantial structural please explain in detail the reasons for such changes as well as the impact on your company’s ability to provide the services solicited in this Bid. The SST reserves the right to request additional information regarding Bidder’s response to this section to ensure that prospective vendors have demonstrated that any such structural changes have not substantially altered the nature of the services being provided or expertise of Bidder’s management and staff necessary to meet the needs of the MSP.

2.3 Geographic Service Area

Bidder must choose a geographical service area or as many geographical service areas as desired. If a Bidder receives an award it must service the chosen service area.

The SST reserves the right to consider a Geographical Service Area change requested by an eligible entity or the Vendor. The SST may consider the request only if it is determined that additional Vendors should be added to the requested service area and it is in the best interest to meet the needs of the MSP.

2.4 Insurance

The Vendor 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 Vendor's responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Vendor must replace/repair, at the Facility'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 an eligible entity needs additional insurance coverage than what is provided by a Vendor and in order to adequately insure the value of the assets being moved (for example computer servers), then the eligible entity is authorized to pay a higher premium for the VENDOR 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 certified copies of all General Liability Insurance policies currently in place, Prior to beginning work pursuant to this RFR with a subcontractor, the Vendor must provide MSP with certified copies of each subcontractor’s General Liability Insurance policies, which must meet the same insurance coverage levels for Vendors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Vendor’s liability for personal or property damage in the performance of this Contract and the Vendor shall remain fully liable for any personal or property damages in the performance of this Contract.

2.5 References Requirements

Business reference form must be uploaded to COMMBUYS.

2.6 General Specifications

2.6.1 No Pre-Payments

Vendor must not request any form of pre-payments by the MSP in form of partial payments or scheduled maintenance agreements. The MSP will not pay the Vendor until service is completed in a satisfactory manner and signed off by the MSP.

2.6.2 No Minimum Charge

Vendors are paid only for hours worked on location. Labor charges begin at job location and end at job location. The MSP will not pay for any additional labor charges away from job location.

2.6.3 No Additional Charge

Vendors are not allowed to charge for permits, set-up, cleaning, freight, shipping, quotes, travel, transportation, delivery, commuting, fuel, energy, insurance, meals, lodging and/or incidental fees. No surcharges will be allowed throughout the duration of the contract(s).

2.7 Special Conditions

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

The Vendor must act professionally and maintain appropriate attire within MSP facilities.

The Vendor must provide proper identification when entering MSP facilities.

The Vendor must submit Material Safety Data Sheets (MSDS) if requested by the MSP at any time.

2.8 Emergency response plans/preparedness

In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, Vendors may be asked to supply the MSP 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, updated annually.

· A list of the Bidder’s building location(s) that would be available to serve the Massachusetts State Police 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).

3 Compensation Structure/Pricing

3.1 General

Bidders must complete line item pricing electronically within COMMBUYS. In addition, bidder response sheets must be submitted electronically; please refer to the attachment “Instructions to Vendors Responding to Bid”. The line item pricing will consist of hourly labor rates for three (3) consecutive years for Business Hours defined Monday through Friday 7:00 a.m. – 5:00 p.m. and Non-Business Hours defined as hours not covered under Business Hours.

3.2 Pricing Project Quote Based

Project based pricing will be inclusive of all Vendors employees, approved sub-Vendors, labor, material, equipment, supplies, travel, all applicable permits and any other costs to complete the project.

If awarded, the MSP will provide the scope of work to the Vendor. The Vendor must provide the MSP with certified payroll record (prevailing wage) after completion of project, if applicable.

The MSP will not release payment until project completion is in full compliance and signed off by the MSP. The MSP may request additional information from a Vendor at any time. It is required the Vendor furnish any and all information that has been requested to the MSP within the time requested.

3.3 Pricing Hourly Based

Hourly based pricing will be based on the hourly rate submitted with the bid submission.

3.4 Request for Quotes

Any Bidder(s) awarded a contract as a result from this RFR will not charge for quotes or site inspections in preparation of a quote. The MSP will NOT be required to pay charges for quotes or site inspections.

Awarded Vendors are required to submit a Quote/Estimate for ALL potential jobs/projects requested by the MSP. The Quote will be reviewed by the MSP who will make the decision of how the job will be performed (project based or hourly based).

3.5 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.

3.6 Surcharges/Fees

No transportation, delivery, commuting, fuel, energy, insurance, meals, lodging, incidental fees or any other surcharges will be allowed throughout the duration of the contract(s).

3.7 Billing/Invoicing

The Vendor must agree to timely and correct billing for products and services. The MSP will not tolerate consistent and continual erroneous or untimely billing. Such behavior on the part of the Vendor may result in the removal of the Vendor from the existing contract for poor performance.

The Vendor must provide a contact person that will be knowledgeable and available to resolve outstanding billing issues and are trained in and familiar with the both the terms and conditions of this RFR’s procurement requirements.

The Bidder must agree that invoices to the MSP for products and services are delivered in the current fiscal year (July 1st to June 30th) and are reconciled by July 30th to ensure payment from appropriate budgets.

· The Vendor must not submit invoices for products and services that do not fall under this RFR.

· The Vendor must not submit for billing services prior to services

· The Vendor must submit invoices directly from the Vendor to MSP not through a third party payer.

· The Vendor must submit invoices for services performed. No services will be paid until after services are rendered, including monthly monitoring services.

· Invoices for all service must have a separate line item within the invoice for all elements Vendors may be required to provide additional detail history of invoice.

· The invoice must include the quantity of each item, a description of each item and the cost for each item in a simple report format understandable to the “lay person”. The use of “codes” in place of product description will not be acceptable in the Vendor’s invoice, although the Vendor may list associated billing codes for its own use.

3.8 Incorrect Invoices

The Bidder must agree that the MSP will use the following instructions when dealing with incorrect invoices:

· In compliance with the Office of the State Comptroller’s Expenditure Guidelines, MSP may apply reasonable standards of invoice verification.

· Incorrect invoices from Vendors, whether paper or electronic documents, should be returned to and corrected by the Vendor and not adjusted by the MSP Agency staff.

· A correct invoice must be received by the MSP within 60 days of the date of dispute to be paid.

· There must be evidence of a permanent solution of the error condition. Non-recurrence of the error condition will be considered an acceptable solution.

· If the error is found to be inherent in the Vendor’s billing system, a correct bill is still required.

· If these guidelines are not met, the Vendor will assume responsibility for the charges.

3.9 Payments to Vendors

It is required that payments received by the Vendor be appropriately posted to the specific MSP account for which the payment was received. The Vendor must not create a single “Commonwealth of Massachusetts” account to which it will post received payments.

The Vendor is required to provide, at the request of the MSP, written reports to demonstrate the Vendor’s account receivables procedures including a payment history of the MSP.

3.10 Audit of Records

During the term of this Agreement and for a period of five (5) years thereafter, Department of State Police, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Vendor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Vendor has materially overcharged Department of State Police, then the Vendor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

The Vendor agrees to allow State and Federal auditors and state agency staff access to all the records related to this contract, and the right to copy those records, for audit, inspection and monitoring of services. Such access will be during normal business hours or by appointment.

3.11 No Credit Rating

MSP will make no application for credit ratings related to term lease under this Contract, nor may a Vendor seek such ratings from the MSP.

3.12 Supplier Diversity Program (SDP)

Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Operational Services Division’s SDO webpage at: www.mass.gov/sdo

· The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

3.13 Performance Measurements

Any and all work performed through the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and according to applicable codes and industry accepted standards. Contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award. Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. MSP may be surveyed as to their satisfaction with the contractor’s performance under the contract. Contractor performance will also be evaluated based on the number of complaints received from MSP. A high number of unresolved complaints will result in a warning to the contractor and may lead to early termination or non-renewal of that contractor’s contract.

3.14 Security and confidentiality

The Vendor shall comply fully with all security procedures of the Commonwealth and MSP in performance of the awarded Contract. The Vendor shall not divulge to third parties any confidential information obtained by the Vendor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the MSP.

3.15 Change notification

The awarded Vendor must notify the MSP, for the contract within five (5) business days of any changes in contract management or contact information. Such changes may include changes to the Vendor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDP-certification status, or EFT information must be promptly reported via email to the MSP. In some cases additional paperwork will be required to effect the change. MSP is not responsible for missed communication if the Vendor has failed to update information.

3.16 Identification and approval of subcontractors & Joint ventures

See Subcontracting Policies and the Commonwealth Terms and Conditions.

3.17 Failure to perform contractual obligations

Problems with service quality, documentation, customer service and/or failure to adhere to the any provisions of this RFR or an MSP’s standard operating procedures are grounds for any or all of the following actions.

The SST will inform the Vendor of non-compliance with the contract. A specific period of time will be provided for the Vendor to correct the situation. If the situation has not been corrected in the allotted time period or if the problem reoccurs, the SST may impose penalties including but not limited to the ones listed below:

· Requiring the Vendor to credit the MSP based on the period of time when the quality of service was unsatisfactory.

· Issuing penalties, including, but not limited to the estimated cost of any remedial action incurred by the MSP.

· Suspending the Vendor until the problem is resolved.

· Terminating the contract.

The SST will be the final decision-making body for the resolution of any conflicts between MSP and the Vendors.

3.18 Environmentally Preferable Products and Services

The department and Vendor(s) may establish a preference for Environmentally Preferable Products (EPPs) and/or negotiate during the Contract term to permit the substitution or addition of EPPs to the Contract when such products are readily available at a competitive cost and satisfy the department’s performance needs.

4 Evaluation criteria Bidder scores will be used to rank Bidders and determine the best value for the MSP. Such Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the MSP to receive a Contract award.

4.1 Mandatory requirements

Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the SST. The SST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

Bid sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

4.2 Desirable specifications

Desirable specifications will be scored according to the Evaluation Criteria.

RFR specifications prefaced with language such as: "desirable", "could," "can," "should," "preferably," "prefers," "suggested," and "requested" identify a desirable or discretionary item or factor that is considered by the issuer to be "desirable." The issuer has listed all desirable specifications which will receive points in the evaluation criteria.

4.3 Alternatives

A Quote which fails to meet any material term or condition of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Bid is to provide the best value of commodities and/or services to achieve the goals of the procurement.

4.4 Evaluation Criteria for Award

The following criteria will be evaluated in consideration of an award by the SST and will carry a significant weight in the evaluation process:

· Labor Rates / Pricing

· Prompt Payment Discounts

· Supplier Diversity Plan (minimum of 10% weight)

· References

· Experience

· Completion of Bid

4.5 Price

Please note that price will carry a significant weight in the evaluation process. 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. The SST will assign additional points to bidders based on discounts offered. 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.

Please note that the Prompt Pay Discount is mandatory and Bidders who fail to submit their Prompt Pay Discount may be removed from further consideration.

4.6 Supplier Diversity Plan (minimum of 10% weight)

Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included on Appendix 2 - RFR - Required Specifications

4.7 Company experience

PDF file(s) are preferred for Bidders responding to RFR via COMMBUYS. Minimum of three (3) years is required; additional years of experience will receive additional points during the evaluation as determined by SST.

5 How to Submit a Bid Response All bids will require the submission of electronic quotes. Consequently, all bids will be required to contain electronic quote submission instructions.

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Additional attachments for instructions.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

Assemble and upload in COMMBUYS the Bid Response Sheet with the attachments according to the Checklist. Response must contain any and all documentation & literature requested in this RFR. (PDF and Zipped files will be accepted)

Electronic Signatures: Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

· Online Questions (Bid Q&A)

Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Vendor 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. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Vendor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Vendor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded Vendor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above).

(Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)

· Bid Amendment Deadline The Purchasing Department 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 Purchasing Department and the Commonwealth accept 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.

· Quotes (Bid Responses) Deadline - See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

· Estimated Contract Start Date – May, 1 2015 This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

6 Required Forms Responses to this RFR must contain the following documents:

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The above attachments are available as attachments as part of the RFR Bid record on WWW.COMMBUYS.COM.

7 Additional Attachments 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. Additional attachments pertaining to this RFR are found on the Attachment tab of this bid in COMMBUYS. Interested bidders are required to view/read all attachments associated with this bid.

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on � HYPERLINK "http://www.COMMBUYS.com" �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 � HYPERLINK "mailto:COMMBUYS@state.ma.us" �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.