RFR SP22-Air-U01 Re-opened.doc

The Commonwealth of Massachusetts

SECRETARY OF PUBLIC SAFETY

DEPARTMENT OF STATE POLICE

470 Worcester Road Framingham, MA 01702

Request for Response (RFR) Document Title: Aircraft Equipment, Supplies, Parts, Repairs, & Maintenance ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: BD-22-1084-POLAI-AW1-70085 Original bid # BD-22-1084-POLAI-AW1-67599 Agency Document Number SP22-AIR-U01 January 12, 2022

This procurement is covered by The World Trade Organization Government Procurement Agreement (WTO/GPA)

RFR INTRODUCTION AND GENERAL DESCRIPTION…………………………………………………………………………..

1.1 Procurement Scope and Description………………………………………………

1.2 Applicable Procurement Law ………………………………………………………..

1.3 Acquisition Method ……………………………………………………………………

1.4 Whether Single or Multiple Contractors are Required for this Contract ……..

1.5 Entities Eligible to Use the Resulting Contract …………………………………..

1.6 Expected Duration of Contract ………………………………………………………

1.7 Anticipated Expenditures, Funding or Compensation ………………………….

1.8 Basis for estimated dollar value for this Contract ……………………………….

1.9 Basis for estimated number of units for this Contract ………………………….

ESTIMATED PROCUREMENT CALENDAR ..……………………………………….

2.1 Written questions via the Bid Q&A on COMMBUYS …………………………….

2.2 Locating Bid Q&A ……………………………………………………………………...

2.3 Amendment Deadline …………………………………………………………………

SPECIFICATIONS ………………………………………………………………………

OTHER TERMS …………………………………………………………………………

4.1 Contractors Terms & Conditions …………………………………………………...

4.2 Reporting ………………………………………………………………………………..

4.3 Contract Management ………………………………………………………………...

4.4 Change Notification …………………………………………………………………..

4.5 Invoices and Payment .……………………………………………………………….

4.6 Contract Amendments ……………………………………………………………….

4.7 Contract Renewal ……………………………………………………………………..

4.8 Contract Performance ………………………………………………………………..

4.9 Insurance ……………………………………………………………………………….

4.10 Contract Termination for Convenience …………………………………………...

4.11 Contract Termination for Cause ……………………………………………………

EVALUATION CRITERIA ……………………………………………………………...

INSTRUCTIONS FOR SUBMISSION OF RESPONSES …………………………..

APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS ……………………………..

APPENDIX 2 – RFR REQUIRED SPECS ……………………………………………

APPENDIX 3 – INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS …………………………………………..

APPENDIX 4 – GLOSSARY

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Massachusetts State Police Air Wing is seeking responses from vendors to purchase commodities and services related to the MSP Air Wing’s mission. The MSP Air Wing is primarily located in Plymouth, Chicopee, and North Andover, Massachusetts and operates rotary wing and fixed wing aircraft.

The purchase of commodities includes, but is not limited to: aircraft equipment, parts, supplies, tools, kits and accessories (including aviation test kits), specialized personal protection items, rescue gear worn and/or carried in Department aircraft, night vision equipment, and ground support equipment.

The purchase of services includes, but is not limited to: general aircraft repairs and maintenance, engine overhauls, main gear box, tail gear box, and generator repairs from authorized vendors, service agreements, maintenance, calibration, and repairs of tools and equipment, and training.

Electronic Quote Submission Instructions

Bidders are advised that Massachusetts State police (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. 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.

1.2 Applicable Procurement Law

Executive Branch Goods and Services

FORMCHECKBOX

Legal Services

MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

1.3 Acquisition Method:

FORMCHECKBOX

Fee-For-Service

FORMCHECKBOX

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

Tax Exempt Lease-Purchase (TELP)

License

Other: [specify other]

1.4 Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

FORMCHECKBOX

Single Contractor

FORMCHECKBOX

Multiple Contractors

a. Estimated Number of Awards

The Department seeks Multiple Contractors. The intent of this RFR is to establish and maintain pre-qualified contractors from which the Department, and the other Commonwealth Agencies defined as eligible entities, can select. No business is guaranteed as a result of a contract award.

b. Adding Contractors after initial Contract Award

This is an Open Enrollment Contract. Under the open enrollment process, the RFR may be re-opened at any time if deemed necessary by the Strategic Sourcing Team, 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 6 months from the maximum end date of the solicitation. The Department makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

1.5 Entities Eligible to Use the Resulting Contract

Any contract resulting from this Bid will be open for use by the Department of State Police, the Department of Correction, Department of Fire Services as well as other Executive Branch agencies that fall within the Executive Office of Public Safety and Security (EOPSS).

EOPSS agencies interested in using this contract may submit a request to the issuing agency and will be responsible for executing their own contracts/purchase orders and paying their own invoices for goods and/or services acquired from this Contract.

1.6 Expected Duration of Contract (Initial Duration and any Options to Renew):

Initial Duration

Up to 3 years

Total Maximum Contract Duration

Five years

1.7 Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement is $1,200,000 for commodities and $2,283,000 for repair/maintenance over the life of the contract based on previous expenditures. This is for informational purposes only.

If additional funds become available during the contract duration period, the Department reserves the right to increase spending on any contract(s) executed as a result of this RFR, subject to available funding, satisfactory contract performance, and service or commodity needed.

This Request for Response is being procured in compliance with the World Trade Organization for procurements in which the value over the entire duration of the procurement may exceed $498,000.

Contract prices will remain fixed during the initial contract period. The contractor will have an opportunity to request a price increase if an option to renew is offered. The contractor will need to submit written justification and supporting documentation with price increase requests. The Department of State Police does not guarantee that increase requests will be granted.

1.8 Basis for estimated dollar value for this Contract (including all options to renew) The “Estimated Value (US$)” for this Bid was based on the following: The SST may elect to provide additional details here including a description of how the expenditure forecast was derived. Include estimated value here if desired, be sure that estimated value is consistent with COMMBUYS amount.

1.9 Basis for estimated number of units for this Contract (including all options to renew)

The “Estimated Units” for this Bid was based on: Do not complete this section if the “Estimated Units” field is not populated. The SST may elect to provide additional details here including a description of how the Estimated Units was derived.

2 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.

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. 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 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. The Purchasing Department 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 the Purchasing Department 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

The Department of State Police seeks responses from experienced vendors to provide aircraft equipment, parts, supplies, tools, kits and accessories (including Aviation Test Kits); repairs & maintenance, including but not limited to engine overhauls, main gear box repairs from authorized vendors; specialized personal protection items, rescue gear worn and/or carried in Department Aircraft, and night vision equipment related to aviation; Ground Support equipment to include maintenance, repairs and parts; related trainings; and goods/services not specifically mentioned but related to aviation from authorized vendors.

Bidder Qualifications

· Bidders should provide Company certifications and affiliations

Authorization letters from Manufacturers or Dealers

Company affiliations

Statutory, certification and license requirements

· Bidders should include Company experience

Business background

Years in business

Years in the industry of the Bid

· References and reference information and/or requirements

Largest customers in MA if applicable

Largest state government customers if applicable

· Employee requirements

Employee technical/business experience, certifications, licenses

3.1 Fiscal Terms/ Pricing

Compensation will be based solely on the pricing information provided by the bidder and accepted by the Department.

Bidders must complete and submit the Bid Response Sheet.

The Department requires that the awarded Contractor operate a Contract pursuant to a fiscal structure which shall achieve fiscal transparency, with full reporting and accountability to the MSP.

Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire period of the renewal option.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

All work shall be guaranteed by the awarded bidder.

Shipping or Freight or Delivery or Handling or Fuel Charges, etc.

The achievement of fiscal transparency requires that bidders clearly itemize and quote these charges. Final charges are subject to negotiation and will be mutually agreed upon by both parties prior to the contract start date. Agreed upon charges must be clearly itemized on invoices.

3.2 Buy American Act

If federal funding is used for this contract and if the Buy American Act applies, bidders should explain how compliance is achieved. Please see the link below for the 41 USC Ch. 83 BUY AMERICAN ACT:

https://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=prelim “Allowable materials.—Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the department or independent establishment concerned determines their acquisition to be inconsistent with the public interest or their cost to be unreasonable.”

3.3 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 Contractor'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 Contractor has materially overcharged Department of State Police, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

The Contractor 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.

3.4 Commodity Specifications

· 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.

· Warranties and guarantees, Availability guarantees of service, service parts, accessories and supplies, Upgrades & upgradeability

· Product evaluations and samples

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

· Open box, remanufactured and refurbished equipment & supplies provisions

Remanufactured or Reconditioned is defined as products or equipment partially or fully manufactured from existing product materials where such materials are cleaned and repaired to the extent possible and reused in the new product or equipment in accordance with the original manufacturer’s specifications. All unusable parts are to be removed and replaced with new or remanufactured parts, which meet OEM standards and any governing standards/regulations.

· Loaner Equipment

If the time for warranty or service repairs will exceed the specified time, the Contractor shall provide equivalent loaner equipment upon request by the customer. Loaner equipment shall be provided at no cost, including shipment to the customer’s location and return of loaner equipment to the Contractor.

· Technical Support

Provide contact phone number and email, staffing, availability (e.g. 9AM – 5PM EST), response time (e.g. within x hours), and escalation procedures.

3.5 Maintenance Agreements and Eligibility requirements

· Bidder must provide service to State Police Airwing on a priority basis.

· All parts must be OEM or equal quality. The Contractor must receive prior approval, from the State Police Airwing Maintenance Section, to use non-OEM parts for any or all service.

· Written Statement of Work (SOW) requirements will include responsibilities of the user, responsibilities of the Contractor; Work schedules and performance dates; Scheduled payments; Change management procedures; Ownership of intellectual property developed under the Contract.

3.6 Aviation test kits

Purchase test kits for the analysis of oil, fuel, and hydraulic fluid for aircraft. Each kit should contain the following:

· Hoses to draw the sample

· Containers to hold the sample

· All necessary forms/ documentation

· Prepaid packages to mail sample back

3.7 Repairs, Maintenance, and Training Services

Includes but is not limited to engine overhauls, main gear box, tail gearbox and generator repairs/overhauls, maintenance, calibration and cleaning of tools and equipment for aircraft, training. Vendor must be authorized to perform repair/maintenance and overhauls.

3.8 Parts and Equipment

Purchase maintenance/repair parts, tools, equipment, supplies, service agreements, training materials, operating manuals.

Examples include but are not limited to:

Air conditioning supplies, adhesives, tapes and sandpaper, AN and MS hardware, aircraft paints and chemicals, aircraft batteries and accessories, avionics instruments, aircraft lighting and electrical accessories, safety wire products, aircraft tires and tubes, non-destructive testing equipment, polishes and cleaners, sealant lubricants, aircraft engines and spare parts, aircraft track and balancing equipment, borescope inspection tools, aircraft riveting tools and supplies, all helicopter and airplane system components, aircraft maintenance tracking software, aviation grade oxygen/cylinders, anti-ice systems support equipment, aircraft fire bottles with squib release, squib disposal, pilot supplies and training materials.

3.9 Personal Protective Gear and Equipment

Equipment, tools, parts supplies, maintenance and training related to personal protective equipment, night vision equipment and rescue gear worn and/or carried in Department Aircraft.

3.10 Ground Support Equipment

Ground support equipment to include, but not limited to: equipment for ground support, air conditioning recovery machine, aircraft jacks, maintenance stands, overhead crane and hoisting equipment, ground handling equipment such as aircraft tugs and helicopter dollies; maintenance equipment to repair parts or accessories, Barfield test equipment, avionics testing instruments and related supplies, manufacturing equipment, parts cleaning equipment, anti-ice systems support equipment.

4 OTHER TERMS

4.1 Contractors Terms and Conditions

The Department is not obligated and should not complete, sign or execute any contractor or vendor contracts, invoices or other terms and conditions. It must be clearly understood that the Standard Contract Form and the Commonwealth Terms and Conditions supersede any contractor or vendor contracts, invoices or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions are signed, the signed document is immediately considered invalid.

4.2 Reporting

Contractors are responsible for compliance with all other contract reporting requirements, including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

4.3 Contract Management

The Department’s Contract Monitor is the point of contact for interested bidders during the procurement process. Bidders may contact the Contract monitor if the bidder is having trouble obtaining any required attachments electronically through Commbuys. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFR.

Contract Monitor:

Dianne Miller

Dianne.miller@pol.state.ma.us

4.4 Change Notification

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Department’s Contract Manager. In some cases additional paperwork will be required to effect the change. Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be done; therefore any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

4.5 Invoices and Payment

Itemized invoices shall be sent to the proper office by the Contractor no later than 30 days after completion of services or receipt of goods. The Contractor’s invoices at a minimum shall include the following:

· Name and address of Contractor

· Telephone number, fax number, and e-mail address

· Name of Department contact person and date of delivery

· Prompt payment discount terms

· Valid State Police purchase order number

All invoices shall be itemized. Itemized invoices shall include a copy of all receipts and any backup documentation. Itemized invoices shall include a complete description for each charge such as number of billable hours, the hourly rate, an explanation and description of the work performed, etc.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed and detailed receipt of deliverables, which includes the department employee signature, may be attached to the invoice.

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

Prompt Pay Discounts

Contractors are required to offer prompt pay discounts terms to the Department. Preference or additional points may be given for reasonable offers. If the Contractor offers a prompt pay discount, the discount terms must be clearly indicated on the invoices. The date the prompt payment discount term will begin is the date that the invoice is received and accepted by the Department’s fiscal office or the date of work completion/order receipt, whichever is greater.

Justified Credits

Written credits will be issued to the fiscal office no later than two business days upon request. Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices.

Tax Exempt

Tax shall not be charged to Executive Branch Departments. The Contractor may request a copy of the Tax Exempt form from the Department. The Department makes no guarantee that any services will be purchased from any contract resulting from this RFR. The contract resulting from this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the Department.

Contractors are agreeing to these terms by submitting a Response to this RFR.

Prevailing Wage (as applicable)

The Contractor shall adhere to all prevailing wage rate specifications and schedules as determined by the Commonwealth of Massachusetts Executive Office of Labor and Workforce Development and the United States Department of Labor as applicable, and when required.

Contractors are agreeing to these terms by submitting a Response to this RFR.

4.6 Contract Amendments

The Department reserves the right to amend this contract. The Department may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFR. The Department reserves the right to negotiate and execute contract amendments with the contractor(s) which the Department determines are necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract. Negotiation would be with the successful Contractor(s) of this RFR. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

4.7 Contract Renewal

Prior to the expiration of the initial duration, the Department will notify Contractors of the Department’s intent to renew the contract. Price changes may be requested at that time if supporting documentation of any increases is provided. Renewal rates will be negotiated at the time of the renewal offer. Contract renewal is contingent upon the Contractor’s ability to perform contractual obligations.

4.8 Contract Performance

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. Purchasers 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 Purchasers. 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.

4.9 Insurance

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 effect). 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.

The Bidder(s) awarded contracts pursuant to this RFR must have sufficient insurance coverage 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 which may include but is not limited to: Commercial General Liability Insurance, Automobile Liability Insurance, Worker’s Compensation Insurance, Employers Liability Insurance, Professional Liability Insurance. Prior to beginning work pursuant to this RFR with a Subcontractor, the Contractor must provide the Department 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 in this RFR 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.

Certificates of Insurance

Bidders must provide copies of all certificates of insurance with their response. Thereafter, Bidders must provide copies of all certificates of insurance on an annual basis.

4.10 Contract Termination for Convenience

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department of State Police may, in its sole discretion, terminate this Contract at any time without cause for its convenience (“Termination for Convenience”) by giving written notice to Contractor thirty (30) calendar days prior to the effective date of termination or such other period as is mutually agreed upon in advance by the parties. If Contractor is not in default or in breach of any material term or condition of this Contract, Contractor shall be paid its reasonable, proper, and verifiable costs, including work performed and accepted up to the date of termination to the extent previous payments made by the Department of State Police to Contractor have not already done so. Such payment shall be Contractor’s sole and exclusive remedy for any Termination for Convenience and, upon such payment by the Department of State Police to the Contractor, the Department of State Police shall have no further obligation to Contractor. The Department of State Police shall not be responsible for Contractors anticipatory profits or overhead costs attributable to unperformed work.

4.11 Contract Termination for Cause

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department may terminate a contract if the Contractor breaches any material term or condition or fails to perform any material obligation required by the contract.

Evaluation criteria Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award.

Contractors must submit responses that meet all the submission requirements of the RFR as defined in Section 9. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

The Department is looking for the “best value” response(s), which provide the greatest quantity of services at the highest quality.

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.

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 Purchaser to be "desirable." The Purchaser has listed all desirable specifications which will receive points in the evaluation criteria.

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.

Evaluation Components

The following criteria will be considered by the SST when evaluating each Quote:

6 Instructions for Submission of Responses:

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Attachment: Instructions for Vendors Responding to Bids.

Bidders MUST also submit their response in a sealed envelope that is clearly marked with the RFR Reference number “RFR #SP22-AIR-U01”, by December 10, 2021, at 3:00PM EST to the following address:

Department of State Police Headquarters

470 Worcester Road

Framingham, MA 01702

Attention: Dianne Miller, Program Coordinator III dianne.miller@pol.state.ma.us Original submission must contain “wet ink” signatures. Electronic signatures are not acceptable. Submissions with electronic signatures for the originals may be disqualified as unresponsive.

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.

a. 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 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. The Purchasing Department 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 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.)

b. 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.

c. Quotes (Bid Responses) Deadline (Bid Opening Date/Time)

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

d. Estimated Contract Start Date

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.

6.1 Required Forms

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

7 Appendix 1 – Required Terms for all RFRs

7.1 General Procurement Information

7.1.1 Access to security-sensitive information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the Commonwealth. Qualified prospective Bidders that are interested in accessing this information for the purpose of preparing a Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and return such records and materials to the Commonwealth upon completion of the project.

7.1.2 Alterations

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

7.1.3 Ownership of Submitted Quotes

The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

7.1.4 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete, or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

7.2 Terms and Requirements Pertaining to Awarded Contracts

7.2.1 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

7.2.2 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

7.2.3 Publicity

Any Contractor awarded a Contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

Appendix 2 - RFR - Required Specifications

Revision Date:

June 6, 2016

In general, most of the required Contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

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

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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 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.

COMMBUYS Registration. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a Contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

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

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state Contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with certified diverse businesses: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting Contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting Contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners.