RFR_UpholsteryMattress3.30.18~3.pdf

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Table of Contents Page i

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.3 Number of awards

1.4 Adding Contractors after initial Contract award

1.5 Eligible Entities

1.6 Acquisition Method(s)

1.7 Contract Duration

1.8 Estimated Value of the Contract

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

2 ESTIMATED PROCUREMENT CALENDAR

2.1 Written questions via the Bid Q&A on COMMBUYS

2.2 Locating Bid Q&A

2.3 Amendment Deadline

3 SPECIFICATIONS

3.1 Bidder Qualifications

3.1.1 Company experience

3.1.2 Financial stability including bankruptcy, litigation and contract defaults

3.1.3 References and reference information and/or requirements

3.1.4 Employee requirements

3.2 Commodity Specifications

3.2.1 Functional description

3.2.2 Brand name or equal

3.2.3 Product Standards

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

3.2.5 Warranties

3.2.6 Product Evaluation and Samples

3.2.7 Recalls

3.2.8 Return Policy

3.2.9 Adding or Removing Products

3.2.10 Emergency response plans/preparedness

3.2.11 Delivery and Shipping

3.2.12 Insurance

3.3 Environmental Specifications

3.3.1 Executive Order 515, Establishing an Environmental Purchasing Policy

3.4 Compensation Structure/ Pricing

3.4.1 Price Adjustment

3.4.2 Cost Sheets

3.4.3 Discounts available

3.4.4 Fuel surcharge provisions

3.4.5 Shipping FOB Destination

3.4.6 Charges for Quotes

4 OTHER TERMS

4.1 Department of Correction (DOC) Terms

4.2 Prison Rape Elimination Act (PREA)

4.3 Service Schedule (Dates and Times)

4.4 Contractor’s Terms and Conditions

4.5 Reporting

4.6 Security and confidentiality

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

Table of Contents Page ii

4.8 Change notification

4.9 Order cancellations

4.10 Account Numbers

4.11 Invoices

4.12 Purchase Order Numbers

4.13 Payments

4.14 MASS Finance web-site

4.15 Justified Credits

4.16 Alternatives

4.17 Contract Amendments

4.18 Contract Renewal

4.19 Failure to perform contractual obligations

5 AUDIT

6 EVALUATION CRITERIA

6.1 Mandatory requirements

6.2 Desirable specifications

6.3 Alternatives

6.4 Evaluation Components

6.4.1 Cost Sheet

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

6.4.3 Best and Final Offer (BAFO)

6.4.4 Company experience

6.4.5 Correctional Industries Experience

6.4.6 Financial stability including bankruptcy, litigation and contract defaults

6.4.7 References and reference information and/or requirements

6.4.8 Certified Test Reports

6.4.9 Warranties

6.4.10 Samples

6.4.11 Recall Procedures

6.4.12 Written Return Policy

6.4.13 Discounts Offered

6.4.14 Other desirable or optional specifications

6.4.15 Value Added Services

7 HOW TO SUBMIT AN ELECTRONIC QUOTE

7.1 Quote Submission Method

7.2 COMMBUYS Quote Submission Training and Instructions

7.3 COMMBUYS Support

7.4 Bid Opening Date/Time

7.5 Quote Contents

7.5.1 RFR Submission Checklist

7.5.2 Electronic Signatures

7.5.3 Ink Signatures

7.6 Limits and Restrictions

7.6.1 File Format Restrictions

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

7.7.2 After Bid Opening Date/Time

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Alterations

Table of Contents Page iii

8.1.2 Ownership of Submitted Quotes

8.1.3 Prohibitions

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

8.2.2 Contractor’s Contact Information

8.2.3 Contractual Status of Orders and Service Contracts

8.2.4 Publicity

9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

10 APPENDIX 3 - OTHER SPECIFICATIONS

11 APPENDIX 4 INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF COMMONWEALTH

STANDARD FORMS

11.1 Commonwealth Standard Contract Form

11.2 Commonwealth Terms and Conditions

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

11.4 Contractor Authorized Signatory Listing

11.5 Authorization for Electronic Payment Form

11.6 Response Form A

11.6.1 Supplier Diversity Program Plan Form 1

11.6.2 Prompt Payment Discount Form

11.6.3 Business Reference Form

11.6.4 Additional Environmentally Preferable Products / Practices

12 APPENDIX 5- INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

13 APPENDIX 6 – GLOSSARY

RFR 17-IND-7516-Upholstery/Mattress / COMMBUYS Bid #: BD-17-1025-DOCIF-7516-16701

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts, MassCor Division of the Department of Correction is soliciting Bidders for the acquisition of sewing, upholstery and mattress related items including but not limited to the following categories;

Sewing/Upholstery/Mattress and Related Items

Category Sub-Category Description (including but limited too)

Sewing Upholstery Mattress

Equipment Sewing / Upholstery / Mattress related manufacturing Equipment, Software and tools

Services Sewing / Upholstery / Mattress related Equipment, Software and tool servicing

Sewing Misc. Supplies Hardware and related Items

Buttons, needles, zippers ect

Upholstery

Supplies

Foam, Padding, Fabrics: Acrylic, Acetate, Chenille, Cotton, Faux Leather, Jute, Leather, Linen, Microfiber, Nylon, Olefin, Polyester, Rayon, Silk, Velvet, Wool and other related fabrics, other related supplies

Misc. Supplies Hardware and related Items

Adhesive, Velcro, Slides, webbing, Cording, Zippers, Nails / Needles, Feathers, Horse / Hog Hair (rubberized hair) and other related items

Mattress

Supplies Vinyl, Ticking, Pillow and Mattress Cotton, Box Springs, Innerspring, Coils and other related items

Misc. Supplies, Hardware and related Items

Ventilators, Hogrings, Binding Tape and other related supplies / hardware / items.

Bidders may bid on all or any sub-category items.

These goods are to be delivered to: MCI Norfolk, 2 Clark Street, Norfolk, MA 02056 or MassCor Headquarters, 1 Industries Drive, Norfolk, MA 02056.

1.2 Applicable Procurement Law

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

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

1.3 Number of awards

The target maximum number of Contractors is 15. This is a target number; the SST may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

1.4 Adding Contractors after initial Contract award

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

1.5 Eligible Entities

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

1.6 Acquisition Method(s)

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

1.7 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of Options Number of

Years/Months

Initial Duration

Up to 3 years

Renewal Options

4 options

Up to 3 years, each option

Total Maximum Contract Duration

Up to 15 years

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

1.8 Estimated Value of the Contract

The estimated value of purchase(s) resulting from Equipment, Software, Tools and Servicing is to be negotiated but the Supplies and Misc. Supplies, Hardware and Related items on this Bid is $4,950,000. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

1.8.1 Basis for estimated dollar value for this Contract (including all options to renew) The “Estimated Value (US$)” for this Bid was based on the historical spending, which averaged $330,000 annually for the last 2 years and MassCor’s projected expansion potential.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

WTO Announcement May 25, 2017 2:00 PM

Bid Release Date October 2, 2017

Re-Bid Release Date February 21, 2018

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

March 1, 2018 by 2:00 PM

Official Answers for Bid Q&A published (Estimated)

March 8, 2018

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

March 9, 2018

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS) March 13, 2018 at 2:00 PM

Notification of Apparent Successful Bidder(s) (Estimated) March, 2018

Estimated Contract Start Date December 1, 2017

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.

MassCor reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

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

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

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

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. MassCor and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and MassCor to be lost or rejected by any means including email or spam filtering.

2.2 Locating Bid Q&A

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

2.3 Amendment Deadline

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

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3.1.4 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.

3.2 Commodity Specifications

3.2.1 Functional description

The Commonwealth of Massachusetts, MassCor Division of the Department of Correction is soliciting Bidders for the acquisition of sewing, upholstery and mattress related items including but not limited to the following categories;

Sewing/Upholstery/Mattress and Related Items

Category Sub-Category Description (including but limited too)

Sewing Upholstery Mattress

Equipment Sewing / Upholstery / Mattress related manufacturing Equipment, Software and tools

Services Sewing / Upholstery / Mattress related Equipment, Software and tool servicing

Sewing Misc. Supplies Hardware and related Items

Buttons, needles, zippers ect

Upholstery

Supplies

Foam, Padding, Fabrics: Acrylic, Acetate, Chenille, Cotton, Faux Leather, Jute, Leather, Linen, Microfiber, Nylon, Olefin, Polyester, Rayon, Silk, Velvet, Wool and other related fabrics, other related supplies

Misc. Supplies Hardware and related Items

Adhesive, Velcro, Slides, webbing, Cording, Zippers, Nails / Needles, Feathers, Horse / Hog Hair (rubberized hair) and other related items

Mattress

Supplies Vinyl, Ticking, Pillow and Mattress Cotton, Box Springs, Innerspring, Coils and other related items

Misc. Supplies, Hardware and related Items

Ventilators, Hogrings, Binding Tape and other related supplies / hardware / items.

Bidders may bid on all or any sub-category items.

These goods are to be delivered to: MCI Norfolk, 2 Clark Street, Norfolk, MA 02056, MassCor Headquarters, 1 Industries Drive, Norfolk, MA 02056 and any additional locations as designated on quote request.

The items listed on the cost sheet 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).

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

Please refer to the attachment titled “Upholstery/Mattress Related Items Specifications” providing detailed specifications and requirements. These specifications are available on COMMBUYS (www.commbuys.com).

3.2.2 Brand name or equal

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

3.2.3 Product Standards

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

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

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

Contractors must provide all related certified test reports for the sub-categories being bid.

All products must meet the following industry standards including but not limited to;

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

Foam

ASTM 3574

Padding California tech 117

Cotton Batting Cal 117

ASTM D5238

ASTM E1353-08A

UFAC Filling/Padding Component Test Method 10% boric acid

Vinyl

NFPA 701

Cal 117 DOC ff4-72 Fed Std. 191 5903

Ticking

NFPA 701

It is desirable that all sub-categories are designed to meet the following federal standards for the finished product:

Federal Standard 16 CFR 1632: Testing the Resistance of a Mattress or Mattress Pad to Combustion Which May Result from a Smoldering Cigarette

Federal Standard 16 CFR 1633: Standard for the Flammability (Open Flame) of Mattress Set

3.2.5 Warranties

Bidders are to state any and all warranties they offer for the listed sub-categories. It is desirable that materials under this contract are warrantied to meet or exceed the specifications as stated in the attachment titled “Upholstery/Mattress Related Items Specifications.” Bidders are to define in detail their warranties for all sub-categories for which they are submitting a response on Response Form A, Section 5.1. Bidders must also provide warrantee documentation.

MassCor may require the Contractor(s) to conduct independent laboratory testing on all materials deemed inferior. Contractors will be responsible for full replacement or return if the material is deemed inferior, as determined by MassCor.

3.2.6 Product Evaluation and Samples

Bidders must provide two (2) sets of samples, no larger than 8.5 by 11 inches, labeled with the Bidder’s name, Bid number, sub-category and brief description for each sample submitted.

These are to be submitted no later than the bid due date and time to:

Tiffany Myers Contracts Department Department of Correction 50 Maple street, Suite 3 Milford, MA

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

MassCor reserves the right to request samples on as needed basis at no cost to MassCor.

Bidders must submit any/all certified test reports for all sub-categories that Bidders are submitting a Response. These test reports are to be submitted with their Response.

3.2.7 Recalls

In the event of a manufacturer’s recall, awarded Contractors will be responsible for contacting MassCor and specific facilities affected by the recall. The Bidder will be responsible for providing and replacing any defective materials and/or parts of the manufacturer at no additional cost to MassCor. The Bidder’s procedure for recalls is to be described in Response Form A, Section 5.2.

3.2.8 Return Policy

The Bidder must include their written return policy with their written response on Response Form A, Section 5.3. Replacements will be delivered in accordance with MassCor’s request. If no return policy is specified and therefore accepted as part of the contract, the Contractor will assume that MassCor can return items to the awarded Contractors for up to one year for full refund.

3.2.9 Adding or Removing Products.

While all authorized products offered by the Contractors will be available to MassCor, MassCor may remove, before or after the award, any product if deemed in the best interest of MassCor.

Reasons for such action include, but are not limited to, environmental concerns or new information, product failure to perform as specified or unjustified price increase considered unreasonable by the SST.

Because of certain sub-category specifications, some products may not be sold under this RFR. However, 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 specifications and scope/description established in the original RFR and the bidder/contractor must supply all supporting information and research available to the SST for consideration.

3.2.10 Emergency response plans/preparedness

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

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

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

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

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

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

3.2.11 Delivery and Shipping

All pricing is to include F.O.B. delivery to the ordering facility. Any request for extra delivery costs must be pre-approved by authorized MassCor personnel. 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.

3.2.12 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 OSD with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

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

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

Comprehensive Business Motor Vehicle Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of a motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits:

$1,000,000 per each occurrence; $1,000,000 aggregate.

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

3.3 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.

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

3.4 Compensation Structure/ Pricing

All Bidders are to complete the Cost Sheet for upholstery/mattress related items, which is located in an Excel Workbook titled “Cost Sheet,” with tabs for each category. Each tab will provide instructions for completing the pricing spreadsheet.

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

Bidders may submit bids for one, any or all items and must indicate which item they are submitting a response for on Response Form A, Section 2.1.

Pricing will be fixed for 1 year. The awarded Contractor(s) may adjust pricing on an annual basis by initiating a Price Adjustment request defined in section 3.4.1.

3.4.1 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 decision on whether a specific situation is an emergency is final.

3.4.2 Cost Sheets

The cost sheet has tabs for each category. Instructions for completing each sub-category are located on the specific tab for that category.

3.4.3 Discounts available

Bidders are to provide any and all discounts, except Volume Purchase Discounts, which will be reflected on the pricing spreadsheet for the specific sub-category, on Response Form A, Section 5.4.

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

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

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

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

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

3.4.4 Fuel surcharge provisions

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

3.4.5 Shipping FOB Destination

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

3.4.6 Charges for Quotes

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

4 OTHER TERMS

4.1 Department of Correction (DOC) Terms

Because this contract will service state prisons, the Contractor should be aware that emergency situations may occur which could prevent scheduled services to be rendered. In any such case, the Contractor may not be admitted into the applicable institution(s) or on state property, which would not allow the Contractor to perform their service. In these situations, the Contractor will make every effort to return, upon notice by the Department, to perform the scheduled service. In no case shall the Department of Correction be charged for any additional expenses pertaining to these and similar situations.

All work is to be completed in a professional manner. The Contractor shall familiarize him/herself and abide by all Department and institution rules and regulations. Convicted felons are not allowed on DOC property. Background checks will be completed for individuals performing any work under this contract and at any time during this contract. Jeans of any color are not allowed inside correctional facilities. The possession or use of any tobacco products are prohibited on Department property.

DOC Rules and Regulations: It must be fully understood by the Bidders/Contractors that the Department of Correction and each facility have security rules and regulations that must be strictly adhered to at all times. Included in these regulations are required security clearances. It should be understood that every Contractor/employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Convicted felons are not allowed on state property. Background checks will be completed for individuals performing any work under this contract. Upon request by the DOC, the Contractor will provide the DOC with specific information to be used to complete background checks. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. In addition, a locking gas cap may be required for any vehicle entering the facility.

4.2 Prison Rape Elimination Act (PREA)

The Prison Rape Elimination Act (Public Law No. 108-79), enacted in 2003, supports the elimination and prevention of sexual assault and rape within corrections systems, mandates national data collection efforts, provides funding for program development and research, creates a national commission to develop standards and accountability measures and applies to all federal, state and local prisons, jails, police lock-ups, private facilities and community settings such as residential facilities.

The Department of Correction has zero tolerance towards the sexual abuse of inmates in its custody. All staff members, volunteers, and vendors are required to comply with 103 DOC 519, the Sexually Abusive Behavior Prevention and Intervention Policy, and to report any sexually abusive behavior to the Department immediately. Inmate employers are required to immediately report such behavior to the facility Superintendent.

The Contractor shall fully cooperate with the Department’s implementation of Public Law 108-79, The Prison Rape Elimination Act (PREA) and the Department’s implementation of the United States Department of Justice Prison Rape Elimination Act Prison and Jail Standards, 28 CFR 115 (May 17, 2012). Specifically, the Contractor shall comply with all Department policies and procedures and shall develop and implement protocols that are consistent and in accordance with the Department’s current and future policies regarding staff sexual misconduct and other types of abusive sexual behavior, including 103 DOC 519, Sexually Abusive Behavior Prevention and Intervention Policy.

The contractor, as an extension of the DOC, is responsible for full and complete compliance with the PREA Law and all standards contained in the PREA Prisons and Jails Standards issued by the Department of Justice, including:

Prevention Planning:

(1) § 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA coordinator

(2) § 115.12 Contracting with other entities for the confinement of inmates.

The Contractor is responsible for ensuring that it is in full compliance with the PREA Law and all standards, and must achieve a 100% passing score on all PREA audits initiated by the Department, American Correctional Association, and/or any other entity.

No Rights in Third Parties. Except as otherwise expressly provided herein, this contract and all rights hereunder are intended for the sole benefit of the Contractor and the Department. This contract shall not imply or create any rights on the part of, or obligations to, any other person.

4.3 Service Schedule (Dates and Times)

Contractors will work with each of their contracted facilities in order to negotiate a schedule for both dates and time for deliveries and services. Contractors must ensure that any driver has already been pre-approved and cleared for each facility on their route. Contractors must be fully aware of the approved date and time schedules and must adhere to them. A prolonged waiting time will occur if the Contractor does not adhere to these specific dates and /or times. Any expenses resulting from prolonged waiting times will not be charged to the DOC. The DOC will not process and is not responsible for any such expenses. In addition, there may be times when the Contractor (at no fault of theirs) will not be let into the facility possibly due to security issues.

When this occurs, the Contractor may have to wait or may have to re-schedule the service. The Contractor shall make every attempt to re-schedule within the same day, but only as accepted by the facility. In this case, the DOC will not be responsible for processing any payment for any expense incurred by the Contractor. Any change of schedule must be pre-approved, in writing, by the representing fiscal department of the MassCor.

4.4 Contractor’s Terms and Conditions

MassCor is not obligated and shall 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.

4.5 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.

4.6 Security and confidentiality

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

4.7 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is MassCor’s Contract Manager, or designee. All contract questions must be directed to the MassCor’s Contract Manager. It is expected that the Contractor will respond in a timely manner to all requests for meetings and address any issues of performance to ensure continued satisfactory contract compliance.

4.8 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 MassCor. 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.

4.9 Order cancellations

Upon negotiation and agreement between MassCor and the Contractor, the order may be cancelled for any item being purchases under this contract.

4.10 Account Numbers

Although this contract may include any number of facilities within the Massachusetts Department of Correction, unless otherwise notified, each facility must have its own unique account number.

4.11 Invoices

Invoices will be sent to MassCor by the contractor immediately AFTER the delivery. Contractor invoices should include the following:

Name, address, telephone and fax numbers of contractor Name and address of bill to department and deliver to department Purchase order number Date of invoice and date of delivery or service Detailed breakdown of items delivered or service performed Name of department contact person Early payment discount terms

A copy of the delivery receipt or work order, which includes the Department employee signature, shall be attached to the invoice. Invoices should be sent, unless otherwise notified, to MassCor after the delivery or service has been completed. Invoices shall be date stamped when received by the Department.

Any invoice, which does not meet these criteria, may be rejected by MassCor and returned to the contractor for correction, and MassCor will not be held responsible for late payments. The contractor must immediately re-submit as per MassCor’s request.

4.12 Purchase Order Numbers

The Contractor will be responsible to obtain a purchase order number from MassCpr for all service requests and for orders. Said purchase order number should appear on all documentation, particularly on the invoice. NO SERVICE OR DELIVERY (unless a department employee has expressed an emergency) shall be performed unless an approved Purchase Order Number is assigned.

4.13 Payments

Contractors are encouraged to send monthly statements to MassCor. In addition, contractors must call MassCor for any unresolved issues that are greater than 60 days

This Contract is subject to available funding.

4.14 MASS Finance web-site

The Commonwealth has a web-site called “MASS Finance” which may assist vendors in researching either payments which have been made or are…