RFR_VEH114 Reopening July192022.pdf

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: VEH114 – Automotive Parts, Paint, Refined Motor Oil, Lubricants, and other fluids.

Agency Document Number: VEH114

COMMBUYS Bid#: BD-23-1080-OSD03-SRC02-77580

Reopening July 19, 2022

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE Automotive Parts, Paint, Refined Motor Oil, Lubricants, and other fluids

Revision History

Version Number

Date Author Brief Description

1.0 2/22/2022 SSiddall Initial release

2.0 7/19/2022 Stavares July 2022 Reopening for additional Bids

Table of Contents Page i

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

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 ESTIMATED PROCUREMENT CALENDAR

1.2.1 SUBMISSION OF BID QUESTIONS

1.2.2 BID AMENDMENT DEADLINE

1.2.3 BIDDERS CONFERENCE

1.2.4 LATE BIDS WILL NOT BE CONSIDERED

1.2.5 DEBRIEFING

1.3 ADDITIONAL BID INFORMATION

1.3.1 ANTICIPATED CONTRACT DURATION:

1.3.2 ESTIMATED VALUE OF THE CONTRACT

1.3.3 ESTIMATED NUMBER OF AWARDS

1.3.4 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.3.5 ACQUISITION METHOD(S):

1.3.6 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 PROCUREMENT EXCLUSIONS

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 BUSINESS BACKGROUND

3.1.2 YEARS IN THE INDUSTRY OF THE BID

3.2 EMPLOYEE AND/OR BUSINESS TECHNICAL/BUSINESS EXPERIENCE, CERTIFICATIONS, LICENSES 6

3.3 CONTINUITY OF OPERATIONS PLAN (COOP)

3.4 EMERGENCY RESPONSE CAPABILITIES

3.5 FINANCIAL STABILITY INCLUDING DUNS REPORT, BANKRUPTCY, LITIGATION, AND CONTRACT

DEFAULTS

3.5.1 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

3.5.2 TAX COMPLIANCE

3.5.3 DEFAULT, LITIGATION, BANKRUPTCY

3.6 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 CATEGORY 1 OEM AND NON-OEM AUTO PARTS

4.2 CATEGORY 2 AUTO BODY PARTS AND SUPPLIES

4.3 CATEGORY 3 REFINED MOTOR OIL AND LUBRICANTS AND OTHER FLUIDS

4.4 CATEGORY 4 AUTOMOTIVE BATTERIES

5 GENERAL SPECIFICATIONS FOR ALL CATEGORIES

5.1 ELIGIBLE BRANDS AND MODELS

5.2 DELIVERY TERMS

5.3 ORDER CANCELLATIONS

5.4 TRAINING

5.5 RETURNS/DISPOSAL

5.6 WARRANTIES

5.6.1 WARRANTY TYPES

5.6.2 REPLACEMENT PARTS

Table of Contents Page ii

5.7 GEOGRAPHIC COVERAGE

5.8 ORDERING AND QUOTES

5.8.1 ONLINE ORDER AND ACCOUNT MANAGEMENT SYSTEMS

5.9 ENVIRONMENTAL SPECIFICATIONS

5.9.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

5.9.2 REQUIRED ENVIRONMENTAL SPECIFICATIONS

5.9.3 DESIRABLE ENVIRONMENTAL SPECIFICATIONS

5.9.4 BIDDER CURRENT ENVIRONMENTAL PRACTICES FORM

5.9.5 ENVIRONMENTAL PLAN

5.10 COMPENSATION STRUCTURE/PRICING

5.10.1 COMMODITIES

5.10.2 PROMPT PAY DISCOUNT

5.10.3 AUTHORIZED PRICE CHANGES

6 SUPPLIER DIVERSITY PLAN (SDP)

6.1 PROGRAM BACKGROUND

6.2 FINANCIAL COMMITMENT REQUIREMENTS

6.3 ELIGIBLE SDP PARTNER CERTIFICATION CATEGORIES

6.4 ELIGIBLE TYPES OF BUSINESS-TO-BUSINESS RELATIONSHIPS

6.5 PROGRAM FLEXIBILITY

6.6 SDP PLAN FORM REQUIREMENTS

6.7 EVALUATION OF SDP FORMS

6.8 SDP SPENDING REPORTS AND COMPLIANCE

6.9 SDP SPENDING VERIFICATION

6.10 PROGRAM RESOURCES AND ASSISTANCE

7 EVALUATION CRITERIA

7.1 MANDATORY REQUIREMENTS

7.2 ALTERNATIVES

7.3 EVALUATION COMPONENTS

7.3.1 PRICE

7.3.2 SUPPLIER DIVERSITY PLAN (MINIMUM OF 25% WEIGHT OF THE TOTAL AVAILABLE 100%

EVALUATION POINTS)

7.4 BEST VALUE SELECTION AND NEGOTIATION

8 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

8.1 ELECTRONIC SIGNATURES

8.2 ACCEPTABLE FORMS OF SIGNATURE

8.3 LIMITS AND RESTRICTIONS

8.3.1 FILE FORMAT RESTRICTIONS

8.3.2 FILE NAMING CONVENTIONS

8.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

8.4.1 QUOTE CONTENT

8.4.2 NON-COLLUSION

8.4.3 MULTIPLE QUOTES

8.4.4 MINIMUM QUOTE DURATION

8.4.5 BIDDER’S CONTACT INFORMATION

8.4.6 OWNERSHIP OF SUBMITTED QUOTES

8.4.7 PROHIBITIONS

8.4.8 PUBLIC RECORDS LAW

Table of Contents Page iii

8.4.9 REASONABLE ACCOMMODATION

9 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

9.1 REQUIRED FORMS

9.2 USE OF COMMBUYS

9.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

9.3.1 ALL STATEWIDE CONTRACT QUESTIONS MUST BE DIRECTED TO THE COMMONWEALTH

CONTRACT MANAGER ......................................................................... ERROR! BOOKMARK NOT DEFINED.

9.3.2 CHANGES TO CONTRACTOR’S INFORMATION

9.3.3 SINGLE POINT OF CONTACT

9.3.4 REPLACEMENT OF CONTRACTOR STAFF

9.4 PERFORMANCE MEASURES

9.4.1 CONTINUED QUALIFICATION BASED ON PERFORMANCE

9.4.2 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

9.4.3 CORRECTIVE ACTION, SUSPENSION AND TERMINATION

9.5 REPORTING REQUIREMENTS AND DUE DATES

9.5.1 REPORTING AND PAYMENT DUE DATES

9.5.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

9.5.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

9.5.4 AUDIT

9.5.5 OTHER TERMS

9.5.6 AD HOC REPORTS

9.6 PAYMENT RELATED TERMS

9.6.1 BILL PAYMENT

9.6.2 LATE PAYMENT FEES

9.6.3 ELECTRONIC FUNDS TRANSFER (EFT)

9.6.4 CREDITWORTHINESS

9.6.5 TAX EXEMPTION

10 RFR APPENDICES

10.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

10.1.1 APPLICABLE PROCUREMENT LAW

10.1.2 GENERAL PROCUREMENT INFORMATION

10.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

10.2 APPENDIX 2- INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

11 GLOSSARY

REQUEST FOR RESPONSE Automotive Parts, Paint, Refined Motor Oil, Lubricants, and other fluids

RFR VEH114 COMMBUYS BID NUMBER BD-22-1080-OSD03-OSD03-70564 Page 2

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the Vehicle Parts Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Automotive Parts Original Equipment Manufacturer (OEM) and Non-OEM, Auto Body Parts and Supplies, Refined Motor Oil and Lubricants and Automotive Paint. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace VEH96. The Contract will also be available for use by other Eligible Entities.

The contract will have the following categories:

o Category 1- OEM and Non-OEM Parts o Category 2- Auto Body Parts and Supplies o Category 3- Refined Motor Oil and Lubricants and other fluids o Category 4- Automotive Batteries

Categories 2 and 4 are new to the contract and were not previously on VEH96.

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure February 1, 2022

Bid Release Date July 19, 2022

Bidders Conference There will be no Bidders Conference for the reopening of VEH114. See attached presentation on the 3/3/2022 Bidders Conference webinar.

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

July 27, 2022, 2:00 PM

Official answers for Bid Q&A published (Estimated)

July 29, 2022

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training

Dates and Times Available:

https://www.mass.gov/doc/vendor-training-schedule/download

Online Webinar:

This interactive webcast provides instructions on several activities:

Locating and responding to bids;

Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

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

August 5, 2022 https://www.mass.gov/doc/vendor-training-schedule/download https://www.mass.gov/doc/vendor-training-schedule/download https://www.screencast.com/t/GMJLKkilF12

RFR VEH114 COMMBUYS BID NUMBER BD-22-1080-OSD03-OSD03-70564 Page 3

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

8/23/2022 3:00 PM

Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

September 12, 2022

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

November 1, 2022

*See Appendix 2 "Training for Vendors Responding to Bids On COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit Vendor Training Schedule for additional Instructor-Led Training and Webinar dates.

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

1.2.1 Submission of Bid Questions

The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the 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 Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

1.2.2 Bid 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 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.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.2.3 Bidders Conference

The Bidders’ Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information. All questions related to the scope and technical requirements should be submitted using the Bid Q and A module in COMMBUYS.

https://www.mass.gov/doc/vendor-training-schedule/download

RFR VEH114 COMMBUYS BID NUMBER BD-22-1080-OSD03-OSD03-70564 Page 4

Attendance is highly recommended. Please refer to the Bidders Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time, and date of the Bidders’ Conference.

1.2.4 Late Bids will not be Considered

Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

1.2.5 Debriefing

The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration:

The initial term of this Contract is five (5) years. In addition, this Contract has no options to renew with a maximum possible contract duration of five (5) years.

1.3.2 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is roughly $28 million. 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.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY 2019 through FY 2021.

1.3.3 Estimated Number of Awards

The target maximum number of Contractors is 22 for the whole contract. Individual Category awards will be as follows below. The SST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

Category 1- 15 Category 2- 3 Category 3- 2 Category 4- 2

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, and adequate sales volume.

1.3.4 Adding Contractors after initial Contract Award

If, over the life of the Contract, the SST determines that additional Contractors should be added in order to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

RFR VEH114 COMMBUYS BID NUMBER BD-22-1080-OSD03-OSD03-70564 Page 5

1.3.5 Acquisition Method(s):

Check All Applicable (“X”):

Category

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other:

1.3.6 Entities Eligible to Use the Resulting Contract

Any Contract(s) resulting from this Bid will be open for use by the following entities:

• Cities, towns, districts, counties, and other political subdivisions.

• Executive, Legislative and Judicial Branches, including all Departments and elected offices therein.

• Independent public authorities, commissions, and quasi-public agencies.

• Local public libraries, public school districts and charter schools.

• Public hospitals owned by the Commonwealth.

• Public institutions of higher education.

• Public purchasing cooperatives.

• Non-profit organizations that are doing business with the Commonwealth;

• Other states and territories with no prior approval by the State Purchasing Agent; and

• Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 Procurement Exclusions

The resulting contract will be exclusively for products. Services for labor or installation are prohibited from the resulting contract.

3 BIDDER QUALIFICATIONS

3.1 Company experience

3.1.1 Business background

Bidders must complete the Bidder response form. The bidder shall submit on the Bidder Response Form a profile of the firm’s operations, including but not limited to the years the bidder has been in business (minimum of three years), experience in the Automotive Parts, Auto Body Parts and Supplies, Batteries, and /or Refined Motor Oil and a description of bidder's current business in Massachusetts.

3.1.2 Years in the industry of the Bid

Bidders must have been in the business of providing products for any of the categories within this Request for Response for at least the three (3) years most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than three (3) years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

https://www.mass.gov/files/documents/2016/10/xb/eligible.xlsx

RFR VEH114 COMMBUYS BID NUMBER BD-22-1080-OSD03-OSD03-70564 Page 6

3.2 Employee and/or business technical/business experience, certifications, licenses

The bidder shall submit on the Bidder Response Form a brief description of the designated contract manager’s experience that will be responsible for the overall management, reporting and ensuring adherence to the performance measures of this contract during normal business hours.

3.3 Continuity of Operations Plan (COOP)

Bidders should 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, this should be available upon request.

3.4 Emergency Response Capabilities

In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the services under this Statewide Contract on a priority basis. The Bidder’s Quote should include a list of emergency contact information including name, position/title, phone, email, and cell phone.

3.5 Financial stability including DUNS report, bankruptcy, litigation, and contract defaults

3.5.1 Bankruptcy, litigation, and contract defaults

Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

3.5.2 Tax Compliance

Bidders must certify compliance with all Commonwealth tax laws, including MGL c62C, §49A. More information regarding these DOR documents is posted at http://www.mass.gov/dor.

3.5.3 Default, Litigation, Bankruptcy

Bidder must state if there are any past pending legal actions including contract defaults, litigation, and bankruptcy, and / or any purposeful business name change due to contract defaults, litigation, or bankruptcy. The past is defined as the three years prior to the opening of this solicitation.

3.6 References and reference information and/or requirements

Bidders must provide all requested information on the Business Reference Form for three (3) business references State or Local Government entities with at least a two (2) year purchasing history with your company. In completing this form, note that the “Bidder” is the name of the company submitting a Quote in response to this Bid and the “RFR Name/Title” and the “RFR Number” can be found on the cover of the RFR document and in the Short Description field of the Header Information section of the Bid on COMMBUYS. Also, please note that: “Reference Name” is the name of the organization (if not applicable, then name of the individual) that is providing the reference; “Contact” is the name of the individual inside the organization that will provide the reference; and the “Address,” “Phone #” and “Fax/Internet Address” are those of the “Contact” so that the SST may be able to reach them.

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 Category 1 OEM and NON-OEM Auto Parts

All parts that fall into the below categories will be allowed under the contract. Parts that do not fit into these categories will not be allowed. Bidder’s may bid on either OEM or Non-OEM parts. If bidding on OEM, the bidder must provide a letter of authorization from the OEM to sell. All parts must meet OEM standards and any governing standards/regulations.

It is encouraged that Remanufactured or reconditions parts are available to the purchasing entity.

Remanufactured or reconditioned is defined as products or equipment partially or fully manufactured from existing product material 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 meets the OEM standards.

Part Categories:

Air Conditioning Alternators and Starters Bearings, Ball and Roller Belts and Hoses

Brakes Electrical and Ignition Emission and Exhaust Engine and Drive Train http://www.mass.gov/dor.

Filter, Oil, Gas, Air and Transmission Gaskets and Seals Heating and Cooling (Engine) Lamps, Lighting and Mirrors Pumps, Fuel and Water

Suspension, Shocks, Struts and Steering Wipers/Washers Shop Supplies Winter Accessories

4.2 Category 2 Auto Body Parts and Supplies

All parts that fall into the below categories will be allowed under the contract. Parts that do not fit into these categories will not be allowed. Body parts may be OEM or Non-OEM. Junkyard parts are not allowed.

Categories:

1. Automotive Body Parts

• Bumpers & Components

• Fenders & Components

• Mirrors & Components

• Hoods & Components

• Grilles & Components

• Door Handles, Locks & Accessories

• Windows & Components

• Radiator Support & Components

• Fuel Tanks & Components

• Switches, Relays, Wiring & Components

• Truck Bed & Tailgate Accessories

• Vehicle Lights & Components

2. Automotive Paint & Equipment

• Exterior Paint

• Spray hoses

• Spray nozzles

• Primer

• Tape

• Sander/ Sandpaper

• Spray gun

• Glossy Car Paint

4.3 Category 3 Refined Motor Oil and Lubricants and other fluids

All motor oils, lubricants and other fluids in the below categories will be allowed under this contract. Bulk sizes are allowed.

1. Motor oil

a. Virgin Motor Oil

b. Refined and Re-refined Motor Oil

c. Synthetic Motor Oil

2. Lubricants

a. All Lubricants and Greases

3. Other Fluids

a. Windshield Washer Fluids

b. Radiator Fluids

c. All other automotive fluids

4.4 Category 4 Automotive Batteries

All automotive batteries and brands are allowed, including batteries for vehicle keys. A CORE charge for batteries may be charged but must be refunded or alternatively applied when batteries are returned for disposal. A CORE charge, or CORE price, is a deposit paid by the Eligible Entity and is refundable or alternatively applied upon return of old battery for disposal. Category 4 awarded vendors must offer return and disposal pick up for old batteries.

5 GENERAL SPECIFICATIONS FOR ALL CATEGORIES

5.1 Eligible brands and models

All brands of Automotive Parts, Paints, Refined and Virgin Motor Oil, lubricants and other fluids will be allowed under this contract.

Non-OEM bidders must provide proof of authorization to resell OEM brands. OEM brands may be added at any time during the contract with proof of authorization.

Environmentally Preferable Products (EPP) should be offered when available. Bidders should encourage buying entities to purchase EPPs when they are available.

5.2 Delivery Terms

All items housed at the vendors’ facilities must be delivered within two hours of acceptance of the order unless the eligible entity agrees a longer delivery time is acceptable. Vendors are required to work with eligible entities to ensure common items are available at the earliest practical time.

Deliveries for bulk orders and purchases of items not housed at the vendors’ facilities must be delivered within three business days, unless otherwise discussed and agreed upon by the eligible entity.

All orders may be cancelled within one (1) hour of order acceptance with no restocking fee. If the delivery will exceed the agreed upon timeframe, cancellation will be acceptable with no restocking fee.

5.3 Training

Trainings and training materials offered by contractor and/or manufacturer shall be made available to all entities including any training on environmentally preferable products characteristics. Communications of trainings shall be made to the Contract Manager as they become available.

5.4 Returns/Disposal

For category 4, Batteries, it is required that the bidder offers pricing to include a CORE charge that is refundable or otherwise credited for purchase of new batteries and the return or disposal of the old batteries by the awarded vendor.

5.5 Warranties

5.5.1 Warranty types

Bidder’s must honor all manufacturing Warranties for products sold. These warranties must be passed on to the end user.

5.5.2 Replacement parts

If a product fails or is recalled, Bidder must comply with all recall instructions issued by the manufacturer. In instance that a product fails, Bidder is response for the replacement of the part.

5.6 Geographic coverage

The geographical coverage for this contract is by Massachusetts Counties. Bidders must be able to cover a minimum of three (3) counties.

The breakdown of counties can be found at: https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm

5.7 Ordering and Quotes

Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote.

Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

5.7.1 Online Order and Account Management Systems

It is desirable that the bidder has an online ordering and account management system that will enable the eligible entities to place orders and obtain copies of past statements, invoices, credit slips etc. This would also not require payment at time of order but would require a Purchase Order Number and order would be invoiced for payment.

This system would not be required to connect to COMMBUYS but would allow for eligible entities to order products as they are working and do not have the correct part.

https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm

RFR VEH114 COMMBUYS BID NUMBER BD-22-1080-OSD03-OSD03-70564 Page 3

Delivery for these orders would still be required to meet the two-hour timeframe upon acceptance of the order.

5.8 Environmental Specifications

In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading by Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

5.8.1 Environmental Benefit Claims/Labeling

Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms. Product environmental claims are to include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

Vendors claiming environmental benefits of their products shall list the appropriate benefits or industry standard it meets in the quarterly sales reports, if applicable, or on separate annual reports in addition to working towards including product descriptions in catalogs.

5.8.2 Required Environmental Specifications

A number of environmental product or service specifications have been designated as either mandatory or desirable for the Product/Service category by the EPP Program through EO 515 and can be viewed in the Minimum Environmentally Preferable Products and Services Specifications Guide at https://www.mass.gov/files/documents/2016/09/wf/epp-specifications_0.xlsx. All statewide and executive department contracts are required to use these standards, unless otherwise noted in the RFR.

Bidders should offer an equivalent Environmentally Preferable Product for all products for those available. It is recommended that the bidder also provide the eligible entities with the EPP equivalent as a first choice and encourage the usage of such products.

5.8.3 Desirable Environmental Specifications

5.8.4 Bidder Current Environmental Practices Form

Bidders must complete the Current Environmentally Preferable Products and Practices Form in the Bidder Response file to this RFR and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify, however, bidders must substantiate all answers in order to receive additional points.

5.8.5 Environmental plan

Awarded Bidders must agree to work with OSD and the SST to examine the feasibility of implementing an environmental plan throughout the life of the contract. Such a plan may include, but not be limited to, implementing energy initiatives, adopting, and implementing sustainability policies or third-party standards and/or certifications, or publicizing their environmental initiatives. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Bidders may include written proposals submitted as an attachment, Company Name_EPP Plan, to their Quote detailing a commitment to action contingent upon receipt of a Contract award.

https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://malegislature.gov/Bills/192/S9 https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides https://www.mass.gov/files/documents/2016/09/wf/epp-specifications_0.xlsx

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5.9 Compensation Structure/Pricing

Compensation will be based solely on the pricing submitted by the Bidder and accepted by the SST. Pricing must be submitted for all goods to be provided on this Statewide Contract. Pricing will be published on COMMBUYS.

Pricing should be submitted using the VEH114 Price Tab in the bidder response form, should be in the form of a discount off list price and all manufacturers that bidders are authorized to sell must be listed and a percentage discount off list price will be given. Due to the nature of these products and the ever-changing supply chain demands and interruptions, the SST felt it best to ask for a percentage off that will stay in place for the entire duration of the contract. This allows for flexibility on the changing market.

5.9.1 Commodities

5.9.1.1 Volume purchase discounts (VPD)

It is encouraged but not mandatory that bidders offer a Volume Purchase Discount.

5.9.2 Prompt Pay Discount

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 on the Prompt Payment Discount Form, included on the Bid, 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.

5.9.3 Authorized Price Changes

Price changes will not be allowed throughout the duration of the contract, as it is being asked for a discount off list pricing. The discount must remain the same or can be increased to a larger discount. Request to make the discount smaller will not be accepted.

6 SUPPLIER DIVERSITY PLAN (SDP)

6.1 Program Background

Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

6.2 Financial Commitment Requirements

All Bidders responding to this solicitation are required to make a meaningful financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of any contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract.

The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

6.3 Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO) https://www.mass.gov/executive-orders/no-565-reaffirming-and-expanding-the-massachusetts-supplier-diversity-program https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/supplier-diversity-office

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• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

6.4 Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

6.5 Program Flexibility

The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract as long as the Contractor continues to meet its SDP Commitment.

6.6 SDP Plan Form Requirements

All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize in order to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

• Already certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability:IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, then the Contractor must find alternative SDP Partners to meet their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee can be made that a proposed SDP https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://nmsdc.org/mbes/mbe-certification/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified

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Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable that Bidders provide an SDP Focus Statement that describe the bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

• A clearly stated purpose or goal.

• Specific types of diverse and small businesses targeted.

• Which departments/units within the business are responsible for implementing supplier diversity.

• Types of opportunities for which diverse and small businesses are considered.

• Specific measures/methods of engagement of diverse and small businesses.

It is also desirable that Bidders use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from and/or collaborating with diverse businesses. Such initiatives are separate and distinct from subcontracting and ancillary relationships included in the Bidder’s SDP financial commitment and may include but not be limited to:

• Serving as a mentor in a mentor-protégé relationship.

• Technical and financial assistance provided to diverse businesses.

• Participation in joint ventures between nondiverse and diverse businesses.

• Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

6.7 Evaluation of SDP Forms

To encourage substantial Bidder supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

6.8 SDP Spending Reports and Compliance

After contract award, Contractors shall be required to provide quarterly reports demonstrating compliance with the agreed-upon SDP Commitment.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor's compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted towards meeting a Contractor’s SDP Commitment.

It is always the responsibility of the Contractor to ensure they meet their SDP Commitment, and the SDO, and the issuing department, assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

6.9 SDP Spending Verification

The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

6.10 Program Resources and Assistance

Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

file:///C:/Users/bborchrote/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/002B2JQ1/www.mass.gov/sdo https://www.mass.gov/forms/take-the-certification-self-assessment https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://www.vetbiz.va.gov/basic-search/ http://www.mass.gov/sdp mailto:sdp@mass.gov

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7 EVALUATION CRITERIA

Contractors must submit responses that meet all the submission requirements of the RFR. 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.

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 contractor to make minor corrections to the submission.

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

7.1 Mandatory Requirements

Bidders who do not meet all mandatory requirements may be disqualified. The SST may determine if non-compliance with a mandatory requirement is insignificant or can be corrected or clarified.

Any requested documents in this Bid, must be submitted. Failure to submit required documents will result in Disqualification.

Bid terms that include language such as: “must”, “shall”, “will” and “required” are “mandatory.”

7.2 Alternatives

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.

7.3 Evaluation Components

The following components will be some of the criteria considered by the team when evaluating each Quote:

• SDP: 25 Points

• PPD: 10 Points

• EPP: 5 Points

• Pricing: 35 Points

• Reference: 5 Points

• Service Area: 5 points

• Online system for ordering, access to statements, invoices etc.: 10 Points

• Ability to meet two (2) hour delivery window: 5 Points

7.3.1 Price

Please note that price will carry a significant weight in the evaluation process.

The following price components will be evaluated:

• Discount off list price

• Volume Discount

7.3.2 Supplier Diversity Plan (minimum of 25% weight of the total available 100% evaluation points)

7.4 Best Value Selection and Negotiation

The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.

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8 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR.

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 2.

8.1 Electronic Signatures

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

8.2 Acceptable Forms of Signature

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign.