RFR - Metal Shop_Amended_3.20.18.docx

THE COMMONWEALTH OF MASSACHUSETTS

Department of Correction MassCor

1 Industries Drive, Building A, Norfolk, MA 02056

Request for Response (RFR)

Document Title: Metal Shop Equipment, Raw Material, Finishing Services, Software, Parts, Maintenance and Related Supplies

COMMBUYS Bid#: BD-18-1025-DOCIF-FISCI-23734

Agency Document Number: 18-IND-7516-Metal Shop

February 13, 2018 Amended March 20, 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.

Document Sensitivity Level: High during development; Low once published.

Revised 10/2016 Table of Contents

RFR Introduction and General Description Procurement Scope and Description The Commonwealth of Massachusetts, MassCor Division of the Department of Correction is soliciting Bidders for the acquisition of Metal Shop items in the following categories:

Category Name

1. Equipment

2. Raw Material

3. Finishing Services

4. Parts/Related Supplies

5. Maintenance

Bidders may respond to any/all of the above listed categories. Equipment, Raw Material, Finishing Services, Software, Parts, Maintenance and Related Supplies.

MassCor is currently seeking a bid for a Plasma Cutter System, Software, Parts, Maintenance and Related Supplies. The vendor will provide onsite training with setup, which will include but is not limited to, unlimited technical support via telephone and internet.

With the exception of raw material, parts and related supplies, all other items/services requested will require a statement of work to be provided to the list of prequalified vendors by MassCor.

These goods and services are to be provided to the MCI Norfolk Metal Shop, 2 Clark Street, Norfolk, MA, 02056, as well as, any other MassCor Industries Shop locations.

The items listed on the Cost 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 may be purchased from the awarded Contractor(s).

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) Number of Awards The target maximum number of Contractors is twenty (20). 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.

Adding Contractors after Initial Contract Award This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously. The Department will not accept new bids that are received less than 12 months away from the maximum and final end date of the solicitation.

Eligible Entities Any contract resulting from this Bid will be open for use to the Issuing Entity, the Massachusetts Department of Correction and all facilities and divisions therein.

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

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.

Contract Duration The expected duration of this contract is as follows:

Initial Duration

Up to 3 years

Total Maximum Contract Duration

Up to 12 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.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is to be negotiated, as there is no historical spending for the equipment and software being requested. The projected spend for finishing services and raw materials is approximately $350,000 annually. 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.

Estimated Procurement Calendar

Bid Release Date Written questions open upon Bid release February 13, 2018

Site Visit/Inspection – Optional

March 5, 2018 between 8:00 and 11:00 AM at MCI Norfolk Security Clearance Required

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.

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.

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.

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.

Site Visit/Inspection Site visits are available, not mandatory. Although the site visit is optional, Bidders are encouraged to attend the site visit on March 5, 2018, between 8:00 AM and 11:00 AM, at the MassCor Metal Shop, MCI-Norfolk, 2 Clark Street, Norfolk, MA 02056. Any interested Bidder may request a site visit to view the Metal Shop where the Plasma Cutter System will be located. Please be advised that an Authorization to Enter (security clearance) is required of any individual entering the facility. The form is posted on COMMMBUYS, titled Authorization to Enter Form. This form must be completed and emailed to Abby Cavalieri at abby.cavalieri@massmail.state.ma.us no later than 2:00 PM, February 27, 2018. It is the Bidder’s responsibility to ensure that the Authorization to Enter Form was received. Abby Cavalieri can be reached at 508-422-3316 to confirm receipt of the form.

In the event a Bidder is unable to attend the optional site visit, floor plan/schematics can be requested by contacting Abby Cavalieri via email @ abby.cavalieri@massmail.state.ma.us no later than the bid due date. The Department will make a good faith effort to provide floor plans; there are no guarantees that floor plans will be available.

Specifications Additional required terms appear in the Appendices to this RFR.

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.

Company Certifications and Affiliations Businesses must be certified by the Original Equipment Manufacturer (OEM) to sell, install, train, repair and service the equipment and software specified in this solicitation and must have been in the business of servicing the specified equipment for at least 2 years. Each Bidder shall submit proof of qualifications in the form of a copy of their current certification(s), which covers a period of at least 2 years, or a letter on OEM letterhead signifying the Bidder’s certification status.

The Contractor may subcontract under this solicitation. The subcontractor shall maintain the same quality workmanship and adhere to all other requirements. Prior written approval of MassCor is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Document subcontractors on Response Form A, Section 5.14.

MassCor anticipates that it may acquire additional equipment related to manufacturing. It is desirable that Bidders be able to service more equipment than as listed in Section 1 of this RFR. Bidders may submit with their response a list of all metal fabrication equipment they are certified by the OEM to sell, install, repair and service. Document this information on Response Form A, Section 5.1.

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 two (2) years preceding the release date of the RFR.

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 each merger or acquisition to enable the SST to easily determine the years of experience of the combined entity. This can be documented on Response Form A, Section 4.2.

Industry Experience All Bidders must submit a brief description of their experience in the business of offering metal fabrication equipment, raw material, finishing services, software, parts, maintenance and related supplies. It is desirable that bidders have been in the business for at least two (2) years. This can be documented on Response Form A, Section 4.3.

Financial Stability including Bankruptcy, Litigation and Contract Defaults A copy of the most recent independent audit and accompanying financial statements of the provider may be required demonstrating that the provider is in sound financial condition and/or that appropriate corrective actions are being taken to address and resolve any identified financial problems and may be required annually by MassCor.

The Bidder shall submit a description of any and all pending litigation by any federal, state or local jurisdiction relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related company as well as any Contract defaults, on Response Form A, Section 4.7.

References and Reference Information and/or Requirements Bidders are to provide three (3) domestic references that reflect the largest customers and/or the largest state government customers in the United States on the Business Reference Form attached to Response Form A.

Employee Requirements Drivers/Delivery Personnel 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.

Certified Service Technicians Bidders shall list OEM certified service technicians currently employed by the Bidder who are qualified to service the equipment listed in this solicitation (if applicable). Document this information on Response Form A, Section 5.2.

MassCor reserves the right to ask for documentation from each Bidder verifying their service technician's training.

Specifications Functional Description The Commonwealth of Massachusetts, MassCor Division of the Department of Correction is soliciting Bidders for the acquisition of Metal Shop items in the following categories:

Category Name

1. Equipment

2. Raw Material

3. Finishing Services

4. Parts/Related Supplies

5. Maintenance

Bidders may respond to any/all of the above listed categories. Equipment, Raw Material, Finishing Services, Software, Parts, Maintenance and Related Supplies.

MassCor is currently seeking a bid for a Plasma Cutter System, Software, Parts, Maintenance and Related Supplies. The vendor will provide onsite training with setup, which will include but is not limited to, unlimited technical support via telephone and internet.

With the exception of raw material, parts and related supplies, all other items/services requested will require a statement of work to be provided to the list of prequalified vendors by MassCor.

Floor Plans/Schematics For the convenience of bidders, floor plans with dimensions, HVAC and electrical schematics can be requested by contacting Abby Cavalieri via email @ abby.cavalieri@massmail.state.ma.us no later than the bid due date. The Department will make a good faith effort to provide floor plans; there are no guarantees that floor plans will be available.

System Specifications MassCor is currently seeking a bid for a Plasma Cutter System, Software, Parts, Maintenance and Related Supplies, equal or better to the following:

· Standard Cutting Widths From 6’ – 12’ (1.8M-3.6m)

· Custom Widths Available

· Length:

· Standard Effective Cutting Length: 13’ (4m)

· Extensions Up To 100’ (30m) Available In 4’ (1.2m), 8’ (2.4m), and 16’ (4.9m) Increments

· Cutting Station Capacity: 5 (Maximum)

· Up To 2 Plasma Stations

· Up To 4 Oxy-Fuel Stations

· 1 Marking Station

· Integrated PC-Based Burny 10 LDC Plus CNC Controller

· Easy-To-Use 15″ TFT Touch Screen Operation

· Windows XP Based Operating System

· 80 GB Hard Drive / 1 GB RAM

· USB Port / 3.5″ Diskette Drive

· 900 IPM Drive Package

· Sercos 750 Watt, Brush-less AC Drive Motors

· Precision Machined and Hardened Linear Ways

· Hardened 90#, Tongue-In-Groove T-Rails

· Helical Planetary Direct Drive Gear Boxes

· Enclosed Power-track On All Axis

· Inova Torch Height Control Raw Material Specifications MassCor historically purchases the following raw materials including but not limited to, Steel and Aluminum. Specifications will be provided by the shop when requesting quotes from pre-qualified vendors for raw materials. Bidders are to define raw materials offered and basic pricing on Response Form A, Section 5.3.

Finishing Service Specifications Many products manufactured by MassCor require finishing services, including but not limited to, Powder Coating. Bidders are to outline the finishing services provided by your company and basic pricing on Response Form A, Section 5.4. Shops will provide a statement of work for items in need of finishing services to the prequalified vendor list.

Maintenance Specifications MassCor anticipates the need for maintenance on equipment/machinery within the shop, not limited to the Plasma Cutter. Bidders are to define their company’s maintenance ability and basic pricing on Response Form A, Section 5.5. Shops will provide a statement of work on equipment requiring maintenance.

These goods and services are to be provided to the MCI Norfolk Metal Shop, 2 Clark Street, Norfolk, MA, 02056, as well as, any other Industries Shop locations.

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.

Approvals and Standards All equipment, raw material, finishing services, parts and related supplies must meet or exceed current applicable standards including, but not limited to UL, AWS, ASME, ASTM, ANSI, EPA, DEP, OSHA and NFPA etc.

Warranties All items will be covered under manufacturer warranty. Awarded Contractors must honor the manufacturer’s warranty. It is desirable, that finishing services under this contract are warrantied. Warranties for the category in which your company is bidding shall be outlined on Response Form A, Section 5.6.

Extended Warranty It is desirable that Bidders offer an extended warranty on all products to MassCor at no additional cost or at a discounted rate. The discount rate should be clearly identified in the response on Response Form A, Section 5.6.

Service Parts Warranties It is desirable that Bidders offer warranties on service parts to MassCor at no additional cost or at a discounted rate. The discount rate should be clearly identified in the response on Response Form A, Section 5.6.

Upgrades & Upgradeability It is desirable that upgrade protection (i.e., latest versions/releases of the software) are available to subscribers at no additional charge or at a discounted rate approved by MassCor personnel. Please describe software upgrade policy, including pricing, on Response Form A, Section 5.7.

Operating Manuals Manufacturer’s operating manuals, one hardcopy and one disk, shall be provided with delivery of equipment at no charge (one with delivery of machine and one, if requested, at a later date).

Product Evaluations and Samples Bidders must provide two sets of samples to be cut from the following specifications:

· 2” circle cut out of 16 ga. out of stainless steel with a ½” hole cut in the center

· 3” X 3” square cut out of 16 ga. steel with a 3/8” hole cut in the center

· 4” X 6” rectangle cut from .063 alum 5/16” hole cut in the center

· ½” hole cut into a 2” X 2” square tube 11ga. wall Samples must be labeled with the Bidder’s name, Bid number and brief description for each sample submitted. These are to be submitted no later than the bid due date and time to:

Abby Cavalieri, Contract Manager 50 Maple Street, Suite 3 Milford, MA 01757

Failure to submit samples will result in the deduction of points during the evaluation process.

New in the box, most current version and not discontinued by the manufacturer The metal fabrication equipment shall be new and be in excellent working condition carrying an OEM equipment maintenance guarantee.

Bids only for metal fabrication equipment currently in production and available for sale at the time of the bid opening date of this contract may be submitted. 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.

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 on Response Form A, Section 5.8.

Return Policy The Bidder must include their written return policy on Response Form A, Section 5.9. 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.

Trade-Ins Trade-ins will be authorized provided MassCor adheres to the state surplus property guidelines for turn-in or disposal of equipment. MassCor is possibly looking to trade in various metal fabrication equipment utilized in the metal shop. Contractors that have agreed to accept trade-ins must negotiate in good faith with MassCor a 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 5.10.

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

The SST reserves the right to add products on an as needed basis despite their initial exclusion. To obtain authorization to add a product to any Contract resulting from this RFR, the products should comply with the scope/description established in the original RFR and additional specifications that will be provided as need arises. The bidder/contractor must supply all supporting information and research available to the SST for consideration.

Service Specifications Training and Technical Support 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.

It is desirable that Tthe 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 5.8. 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 5.12.

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 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.

Pre-installation Design and Implementation MassCor personnel and the Contractor must discuss and confirm in writing if there is a need for any type of special site preparation prior to accepting a purchase order. (e.g. electrical outlet, dedicated line for proper performance, ventilation, space requirements for equipment and service, etc.) The awarded contractor and MassCor personnel will negotiate cost for any additional electrical work beyond what institutional staff can undertake.

It will be the Contractor's responsibility, prior to accepting an order, to survey and review the particular installation location to ensure the existing proposed location meets the manufacturer's established installation criteria. If special installation is required, such as, but not limited to, rigging the Contractor and MassCor must negotiate and agree on a cost for the special installation.

Contractors not familiar with any location may view those locations prior to accepting an order. A lack of familiarity with a delivery location will in no way relieve a Contractor from its responsibility to fulfill its Contractual obligations.

In the event that a mutually agreeable location for the equipment, meeting the manufacturer's established installation criteria, is not available, the Contractor must not accept a purchase order.

Installation The equipment prices must include delivery and installation. The Contractor must coordinate the delivery with the shop manager and define any service disruptions, such as, length of installation time and any special requirements needed on Response Form A, Section 5.13.

The Contractor must affix a label or a decal to the equipment at the time of installation showing warranty period by dates, and the name, address, and telephone number of the OEM or Authorized Dealer responsible for warranty service of the equipment. The label should also identify the Model Number and the serial number/machine id number and be legible.

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.

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.

Service Maintenance Plan It is desirable that the Bidders be able to provide an annual maintenance plan for the Plasma Cutter offered, however it is not mandatory. options for MassCor to select from. Bidders must provide an annual service maintenance plan with their response. At minimum tThe annual maintenance plan should may include, but not be limited to, the following:

· Inspection of rail system, truck bearing and guides

· Replace pinions and check gear track

· Inspection motor, slides, gearboxes and pinions for tightness and alignment

· Square machine and check for proper grounding

· Simulate cutting cycle to ensure proper operation

· Provide spare plasma torch head

· Replace critical electronic components (contactors, relays)

· Inspect hoses and cable for condition and tightness

· Service coolant system (flush coolant, change filters)

· Clean power supply and conduct complete system inspection

· A schedule of replacement for common wear items

· Pre-bundled parts kit for common wear items

· A full system inspection

· Training on the recommended periodic maintenance for the system

Please define the cost associated with your company’s service maintenance agreement on the cost sheet.

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.

Delivery and Shipping All pricing is to include F.O.B. delivery to the ordering facility. Delivery shall be within 30 days of receipt of purchase order or as otherwise negotiated with MassCor. Any request for extra delivery costs must be pre-approved by authorized MassCor personnel. All equipment shall be delivered assembled, serviced, oiled and ready for immediate use unless otherwise requested by MassCor. 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 material 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.

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 Requirements at Contract or Engagement Termination In case of buyouts, acquisitions, asset sales, or any other business changes that initiate major business identity modifications, such as Tax ID changes. It should be noted, there is no guarantee the new Contractor will be reassigned the awarded contract. MassCor’s Contract Manager reserves the right to make the decision on reassigning or reopening the Bid.

Environmental Specifications Minimum environmental specifications are available for dozens of product and service categories. Such specifications may address product / service performance, end-of-life management, disposal/reuse/recycling and other factors.

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/courts/docs/lawlib/eo500-599/eo515.pdf.

Compensation Structure/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. MassCor will be looking into other metal fabrication equipment, finishing services and related supplies.

The cost sheets are located on COMMBUYS in an Excel Workbook titled “Metal Shop Cost Sheets.”

The service maintenance plan pricing for the plasma cutter system will be fixed for three (3) years. Parts, finishing services, related supplies pricing will also be fixed for three (3) years after initial quote is received. Following the initial duration, the awarded Contractor(s) may adjust pricing on an annual basis by initiating a Price Adjustment request defined in section 3.5.1 Price Adjustment.

Price Adjustment Any requests for price changes may be submitted annually. 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 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. The SST’s decision on whether a specific situation is an emergency is final.

Cost Sheets 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.

Discounts Available Bidders are to provide any and all discounts available on Response Form A, Section 5.16.

Special Purchases 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…