RWIS 121527 RFR.pdf

Road and Weather Information System (RWIS) RFR / COMMBUYS Bid# BD-23-1030-0H100-0H099-87717

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

THE COMMONWEALTH OF MASSACHUSETTS

Massachusetts Department of Transportation (MassDOT) - Highway Operations

10 PARK PLAZA, BOSTON, MA 02116

Request for Response (RFR)

Document Title: Road and Weather Information System (RWIS)

COMMBUYS Bid#: BD-23-1030-0H100-0H099-87717

Project Info #: 121527

Release Date: 4/25/23

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www..com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888- MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m.

Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.2 Background information

1.3 Applicable Procurement Law

1.4 Number of awards

1.5 Adding Contractors after initial Contract award

1.6 Eligible Entities

1.7 Acquisition Method(s)

1.8 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract

1.9 Contract Duration

1.10 Estimated Value of the Contract

1.11 Basis for estimated dollar value for this Contract (including all options to renew) ... 7

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 certifications and affiliations

3.1.2 Company experience

3.1.3 Financial stability including bankruptcy, litigation, and contract defaults

3.1.4 References and reference information and/or requirements

3.2 Commodity Specifications

3.2.1 Eligible commodities

3.2.2 NTCIP Compliance

3.2.3 System Dashboard

3.2.4 Ownership

3.2.5 Warranties and guarantees

3.2.6 Availability guarantees of service, service parts, accessories, and supplies

3.2.7 Upgrades & upgradeability

3.2.8 Operating manuals

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

3.2.10 Refurbished or Remanufactured Equipment

3.2.11 Sample products for evaluation

3.3 Service Specifications

3.3.1 RWIS Preventative Maintenance Site Visits

3.3.2 Upgrading of Existing Hardware and Software

3.3.3 Labor Rates

3.3.4 Loaner Equipment

3.3.5 Technical Support

3.3.6 Response Time

3.3.7 Emergency response plans/preparedness

3.3.8 Pre-installation

3.3.9 Installation

3.3.10 Post-installation & Approval

3.3.11 Training & training materials

3.3.12 Geographic service and delivery areas

3.3.13 Disposal services, data erasure, ability to be recycled and end of life requirements

3.3.14 Subcontracting Policies

3.3.15 Service parts & service parts warranties

3.3.16 Requirements at Contract or engagement termination

3.4 Supplier Diversity Program

3.4.1 Program Background

3.4.2 Financial Commitment Requirements

3.4.3 Eligible SDP Partner Certification Categories

3.4.4 Eligible Types of Business-to-Business Relationships

3.4.5 Program Flexibility

3.4.6 SDP Plan Form Requirements

3.4.7 Evaluation of SDP Forms

3.4.8 SDP Spending Reports and Compliance

3.4.9 SDP Spending Verification

3.4.10 Program Resources and Assistance

3.4.11 Executive Order 515, Establishing an Environmental Purchasing Policy

3.5 Compensation Structure/Pricing

3.5.1 Cost tables

3.5.2 Commodities Pricing

3.5.3 Labor rates or project based compensation

3.5.4 RWIS Preventative Maintenance Pricing

3.5.5 Contract Renewal Pricing

4 OTHER TERMS

4.1 Continued qualification based on performance

4.1.1 Non-Compliance of Contractor

4.1.2 Cancellation of Contract

4.2 Reporting

4.3 Security and confidentiality

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

4.4.1 Change notification

4.5 Adding commodities and/or services to the Contract

4.6 Orders

4.7 Alternatives

5 AUDIT

6 EVALUATION CRITERIA

6.1 Mandatory requirements

6.2 Desirable specifications

6.3 Alternatives

6.4 Evaluation Components

6.4.1 Price

6.4.2 Company Experience

6.4.3 Supplier Diversity Plan

7 HOW TO SUBMIT A 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 Acceptable Forms of Signature

7.6 Limits and Restrictions

7.6.1 File Naming Conventions

7.6.2 File Size Limits

7.6.3 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

7.8 Additional Quote Terms

7.8.1 Prohibition regarding contract terms

7.8.2 Bidder Response Form

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Access to security-sensitive information

8.1.2 Alterations

8.1.3 Ownership of Submitted Quotes

8.1.4 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 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

10.1 Commonwealth Standard Contract Form

10.2 Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions ...31

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

10.4 Contractor Authorized Signatory Listing

10.5 Supplier Diversity Program Plan Form

10.6 Prompt Payment Discount Form

10.7 Business Reference Form

11 APPENDIX 4 – INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts Department of Transportation (MassDOT), Highway Division is soliciting Bidders for the acquisition of Road and Weather Information System (RWIS) equipment and related services, including maintenance of the existing system.

MassDOT has a significant investment in its RWIS, located on State rights-of-way across the Commonwealth. MassDOT is seeking full-service maintenance and repair of MassDOT’s RWIS Stations.

Additionally, MassDOT is seeking the installation and replacement of pavement sensors and other components on the RWIS towers.

A full list of equipment and locations can be found in the “Location and Equipment” tab within Attachment C: Price File.

1.2 Background information

This contract will replace the existing RWIS contract that is set to expire on 4/10/2023.

1.3 Applicable Procurement Law

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

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

1.4 Number of awards

The target maximum number of Contractors is 1 (one). This is a target number; the Strategic Sourcing Services Team (SSST) may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

1.5 Adding Contractors after initial Contract award

If, over the life of the Contract, the SSST determines that additional Contractors should be added, these may first be drawn from qualified companies that 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.

1.6 Eligible Entities

Any contract resulting from this Bid will be open only for use by MassDOT.

1.7 Acquisition Method(s)

The acquisition method to acquire goods and/or services from this Bid are Outright Purchase and Fee for Service.

1.8 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 6 months after final contract end date. No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance, or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main contract.

1.9 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of Options Number of Years/Months

Initial Duration 3 Years

Renewal Options 2 2 Years

Total Maximum Contract Duration

7 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.

1.10 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $1,400,000. 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.

1.11 Basis for estimated dollar value for this Contract (including all options to renew) The “Estimated Value (US$)” for this Bid was based on historical sales data for Fiscal Years 2018-2022.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 4/25/2023

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

5/9/2023

Official Answers for Bid Q&A published (Estimated) 5/11/2023

Training for Online Quote Submission https://www.mass.gov/doc/vendor-training-schedule/download

5/3/2023

5/17/2023

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

5/15/2023

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

5/30/2023 3pm EST

Notification of Apparent Successful Bidder(s) (Estimated)

6/5/2023

Estimated Contract Start Date 6/12/2023

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 SSST regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions) and prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that questions submitted to the SSST 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 questions are accessible to the public. Bidders must not include 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 SSST reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

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

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

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

2.2 Locating Bid Q&A

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

2.3 Amendment Deadline

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

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

Bidder’s primary business must be in the supply, installation and maintenance of Road Weather Information Systems and related equipment.

3.1.1 Company certifications and affiliations

Bidders must be authorized to sell and install the equipment or equipment type being offered if they are not the original equipment manufacturer. An authorization letter from the manufacturer must be provided as outlined in 7.6.1 File Naming Conventions.

3.1.2 Company experience

Bidder’s primary business must be in the manufacture, supply, installation and service of RWIS equipment for at least the most recent 5 (five) years. Bidders should describe their experience in Attachment A: Bidder Response Form.

3.1.3 Financial stability including bankruptcy, litigation, and contract defaults Bidders must include information on any bankruptcy, litigation or contract defaults within the last 5 (five) years.

3.1.4 References and reference information and/or requirements Provide three (3) governmental client references from other agencies, not from MassDOT. The reference shall include the name, address, contact person, telephone number, length of service and a description of the goods and services that the Bidder provided to the client. It is required that the client references demonstrate the Bidder’s ability to perform a project of similar size, nature and complexity as that described in this RFR. References must be for clients or customers to whom goods and services were provided within three (3) years prior to the RFR Response due date. Additionally, business references are required to be recipients of Bidder business services with whom there is or has been a standing business relationship of one (1) year or greater duration. A Bidder’s prior business relationship with the Commonwealth will also be considered in this section, whether offered as a reference or not. Poor prior performance may result in no points being awarded in this section.

MassDOT reserves the right to contact the reference if necessary.

3.2 Commodity Specifications

Bidders are asked to provide all of the equipment necessary for a typical RWIS system as outlined below in section 3.2.1. When equipment is to be purchased by MassDOT, all material utilized shall be equal to or better than the original equipment. If submitting alternative equipment for use it must be submitted to and approved by MassDOT. A list of existing equipment is provided in the “Location and Equipment” tab” within Attachment C: Price File.

3.2.1 Eligible commodities

Eligible equipment under this contract includes towers, remote processing units (RPU), road and environmental sensors, mobile sensors, power management equipment, communications equipment, and related equipment. Bidders should supply information on their equipment offerings such as SDS or cut sheets in the form of an attachment named “Alternative Equipment” AND provide pricing for existing equipment in Attachment C: Price File.

3.2.2 NTCIP Compliance

The department of transportation requires that all signal processing, measurement analysis, video-capture, transmission, and other data processing performed to meet observation or integration requirements shall be NTCIP (National Transportation Communications for Intelligent Transportation System Protocol) compliant.

3.2.3 System Dashboard

All equipment must be accessible via an online dashboard. This dashboard must, at a minimum, have the following attributes:

▪ Login Page

▪ Main Page

▪ Map Page

▪ Station Summary Page

▪ Station Wall Page

▪ Archive Capabilities

▪ Reporting Capabilities

▪ Single Site Page Capabilities

▪ Graphical Interface

▪ Alert Management

▪ System Monitoring and Status Reporting

Bidders must provide proof of this dashboard in the form of technical documentation or screenshots as an attachment named “System Dashboard” in their response. Bidders must provide annual or semi-annual subscription rates within Attachment C: Price File on the “Service Rates” tab.

3.2.4 Ownership

All materials provided by the bidder and accepted as part of the resulting contract will become property of MassDOT upon payment. All materials in the bidders stockpile at the end of the contract will be the property of the bidder and will not be purchased by MassDOT.

3.2.5 Warranties and guarantees

The bidder will warranty all work completed. All new items will operate satisfactorily for a period of at least twelve months (12) following the final acceptance by MassDOT. Bidder will submit documentation for all new items to include site location, site number, date of delivery or install, item description and part number. In the event of unsatisfactory operation, the bidder will correct faulty installations, make repairs and replace defective parts with new parts of equal or better quality at no cost to the Commonwealth. The 12 month warranty will restart once repairs have been accepted by MassDOT. All costs incurred in correcting unsatisfactory operation will be the responsibility of the bidder.

It is desirable that bidders offer extended warranties at no cost to the Commonwealth. Bidders should describe their warranty process and availability of extended warranties in Attachment A: Bidder Response Form.

All sensors and RPUs that fail must be replaced with the latest model and firmware revision. All replacement sensors must allow for firmware upgrades. All replacement sensors must allow for repair work to be completed by third party technicians without requiring special certifications or special training which can be offered by only one company. All replacement sensors must utilize open source protocol with embedded microprocessors within the sensor allowing for intelligent data to be provided directly via digital output from sensor.

All services and parts must meet the standard manufacturer’s warranties. This warranty shall not apply when nonconformity has been caused by accident, theft, vandalism or forces of nature.

Bidders must state their return policy on the response sheet. If no return policy is specified and therefore accepted as part of this contract, it will be assumed that the Department can return goods to the contractor for up to one year for a full refund. In addition, there will be no charge for such returns, e.g.

re-stocking, etc.

3.2.6 Availability guarantees of service, service parts, accessories, and supplies Bidders must be able to supply equipment to any of the approximately 50 RWIS stations across the Commonwealth within 5 business days during Winter season (November – April).

3.2.7 Upgrades & upgradeability

As part of the scope of services of this contract, the MassDOT may require that the Bidder upgrade existing Environmental Station Hardware and Software, which is no longer being produced, with current, state of the art technology. Bidders should describe their approach to upgrading existing equipment in Attachment A: Bidder Response Form.

3.2.8 Operating manuals

Operating manuals shall be provided with supplied equipment at the request of MassDOT.

3.2.9 New in the box, most current version and not discontinued by the manufacturer All material shall be new, unused, and of recent manufacture and may be tested and inspected at any time by MassDOT.

3.2.10 Refurbished or Remanufactured Equipment

Bidders may be allowed to supply refurbished equipment which is bench tested and fully functional with approval from MassDOT. Such equipment shall carry a minimum of a 12 month warranty.

3.2.11 Sample products for evaluation

Bidders may be asked to supply equipment samples to ensure compatibility or functionality before deployment to the field.

3.3 Service Specifications

Bidders must be able to install and provide maintenance of RWIS equipment across approximately 52 station locations in the Commonwealth. Please refer to the “Location and Equipment” tab within Attachment C: Price File for details.

3.3.1 RWIS Preventative Maintenance Site Visits

Under this agreement, MassDOT requires the bidder to develop a schedule and plan to visit each RWIS site listed in Attachment A and perform prewinter preventative maintenance servicing and calibration inspections. This work will be completed annually between July 15th and October 31st. During the pre-winter visit, bidders will conduct a performance test of all sensory devices, assuring proper functionality. The testing method and maintenance procedures may be of the bidders choosing, but the procedures must be submitted to the MassDOT Snow and Ice Operations office for review and approval prior to use. The inspection activities include, but are not limited to:

• Troubleshooting to find isolated breaks

• Shorts

• Outages or erroneous readings in the road and atmospheric sensors

• Re-alignments

• Adjustments of signal antenna

• Any other appropriate equipment where needed

• Cleaning of equipment and enclosures

The bidder will verify the integrity of any repaired device at any RWIS site.

All preventative maintenance site visits shall be documented as to date, time, RWIS site status, issues encountered and preventative procedures done and submit a detailed report upon completion of the whole system, to the Snow and Ice Department.

Bidders should provide an overview of their preventative maintenance program in Attachment A: Bidder Response Form.

3.3.2 Upgrading of Existing Hardware and Software

As part of scope of services of this contract, the MassDOT may require that the Bidder upgrade existing Environmental Station Hardware and Software, which is no longer being produced, with current, state of the art technology. Under this requirement, the selected Bidder shall be required to:

• Provide a project plan and sufficient personnel to meet the objectives of the requested upgrade, with minimal disruption to ongoing MassDOT activities

• Ensure that only qualified personnel skilled on the installation and/or upgrade of RWIS components and software are participating in the work

• Replace RWIS components with new, state of the art, components that meet or exceed the equipment specifications of this Section of the RFR, and requirements of MassDOT

• Provide training services on installed RWIS equipment and software

During the installation work of the proposed upgrades, MassDOT will accommodate the Bidder’s request for highway safety features (e.g. cones, advanced warning signs, etc., traffic control, bucket truck, etc.), and/or minor adjustments to location of equipment based on site conditions.

Bidders should provide a narrative describing their approach and experience with equipment upgrades in Attachment A: Bidder Response Form.

3.3.3 Labor Rates

Bidders are asked to provide an hourly rate for labor for the installation and/or upgrade of new equipment and the replacement of existing equipment by qualified personnel skilled on the installation and/or upgrade of RWIS components and software.

3.3.4 Loaner Equipment

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

3.3.5 Technical Support

Contractor must provide a customer service center staffed 24 hours a day 7 days a week to handle incoming RWIS maintenance issues and will respond with confirmation of the issue within 6 hours.

3.3.6 Response Time

During the peak season (November-April), contractor must replace faulty equipment within 5 (five) business days from confirmation or request.

3.3.7 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 must include the following information within Attachment A: Bidder Response Form:

• 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 mobile 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).

3.3.8 Pre-installation

A site visit to existing equipment locations may be required as part of the pre-installation process.

3.3.9 Installation

Bidders will ensure that only qualified personnel skilled in the installation or RWIS components and software are participating in the work. During the installation work of the proposed upgrades, MassDOT will accommodate the Bidder’s request for highway safety features (e.g. cones, advanced warning signs, etc., traffic control, bucket truck, etc.), and/or minor adjustments to location of equipment based on site conditions.

3.3.10 Post-installation & Approval

MassDOT will make the final determination on the satisfactory completion of any installation.

MassDOT may, at its’ discretion, provide employee(s) onsite to review and inspect any work performed under this agreement. MassDOT must be notified a least two (2) working days prior to commencement. This requirement shall only apply to work performed at MassDOT RWIS sites in the field. No payment will be made for unapproved or unacceptable work. MassDOT shall be the final authority for work acceptance and approval for payment.

3.3.11 Training & training materials

Bidder shall provide basic training of equipment to MassDOT staff as requested.

3.3.12 Geographic service and delivery areas

Bidders must be able to provide service to all 48 RWIS locations across the Commonwealth. All equipment will be delivered to:

MassDOT Warehouse c/o Snow and Ice

668 South Ave Weston, MA 02493

3.3.13 Disposal services, data erasure, ability to be recycled and end of life requirements Bidders must recycle equipment in ways that are consistent with R2 or e-Stewards practices. Bidders must also complete data erasure for any applicable equipment.

3.3.14 Subcontracting Policies

Prior approval from MassDOT is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors.

3.3.15 Service parts & service parts warranties

All services and parts must meet standard manufacturer’s warranties with a minimum (1) one year warranty. It is desirable that bidders offer extended warranties at no cost to the Commonwealth.

Bidders should describe their warranty process and availability of extended warranties in Attachment A:

Bidder Response Form.

3.3.16 Requirements at Contract or engagement termination

All materials provided by the bidder and accepted as part of the resulting contract will become property of MassDOT upon payment. All materials in the bidders stockpile at the end of the contract will be the property of the bidder and will not be purchased by MassDOT.

3.4 Supplier Diversity Program

3.4.1 Program Background

Pursuant to Executive Order (EO) 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).

3.4.2 Financial Commitment Requirements

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

All Bidders responding to this solicitation are required to make a significant 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 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.

3.4.3 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)

• 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)

3.4.4 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.

3.4.5 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 provided the Contractor continues to meet its SDP Commitment.

3.4.6 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 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:

• 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, 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 may be made that a proposed SDP 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 for Bidders to provide an SDP Focus Statement that describes 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.

• An existing internal supplier diversity policy.

• Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to 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 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.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/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 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

• 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.

3.4.7 Evaluation of SDP Forms

To encourage Bidders to develop substantial 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.

3.4.8 SDP Spending Reports and Compliance

After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

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 toward meeting a Contractor’s SDP Commitment.

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

3.4.9 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.

3.4.10 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.

3.4.11 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply 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 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 EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

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 https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy

3.5 Compensation Structure/Pricing

Bidders must provide pricing for the equipment and services they are offering under this contract. Pricing must be submitted using Attachment C: Price File. Bidders may also include additional RWIS equipment or services by including an attachment named “Alternative Equipment” with their bid response.

3.5.1 Cost tables

Compensation will be based solely on the cost tables or catalogs supplied by the Bidder and accepted by the SSST. Cost tables must contain all goods and services to be provided on this Statewide Contract.

Compensation will be based on these cost tables, which will form the basis for the Contractor’s catalog.

3.5.2 Commodities Pricing

Bidders shall provide pricing for equipment represented as a per unit price. This pricing will be supplied in Attachment C: Price File. Bidders may also include additional RWIS equipment by including an attachment name “Alternative Equipment” with their bid response.

3.5.3 Labor rates or project based compensation

Bidders shall provide labor rates for equipment installation and replacement represented as an hourly rate in Attachment C: Price File.

3.5.4 RWIS Preventative Maintenance Pricing

Bidders shall provide pricing for annual RWIS Preventative Maintenance as outlined in Section 3.3.1. A list of existing RWIS equipment and locations can be found in Attachment C: Price File. Pricing should be represented as an annual lump sum price for all locations. Please refer to the “Equipment and Location” tab for details.

3.5.5 Contract Renewal Pricing

The contract prices for any renewal periods or term may be negotiated and shall be mutually agreed upon by MassDOT and the Contractor. MassDOT will entertain proposals for line item by line item price increases consistent with and relating to price changes originating with the manufacturer and/or transportation rates.

Proposals for such price changes must be fully and properly documented and if approved shall be firm for the contract extension period. Any increases may not exceed the published PPI index at the time of the request.

MassDOT reserves the right to negotiate price adjustments with the Contractor during the contract term for reasons associated with circumstances beyond the control of the Contractor. Proposals must be received 45 calendar days prior to the contract anniversary or extension date. The Contractor must submit a formal request for an increase to the MassDOT contract manager.

Proposals for price adjustments must include, but are not limited to:

• Identified price increase and their source, e.g., raw material, freight fuel labor.

• Copies of business publication(s), market quotations, or the trade journals generally recognized-as representative of the trade or industry that indicate market trends for the Contract Commodities.

• Copies of old and new price lists, if applicable, reflecting price changes. ·

The requested price change will contain the requested effective date. In the event that MassDOT rejects the price change, the Contractor may continue to perform under the extension option.

MassDOT reserves the right to negotiate pricing and product specifications at any time during the contract period for the best interests of MassDOT. MassDOT reserves the right to request additional information. MassDOT reserves the right to reject any requested price increases which they deem excessive. MassDOT also reserves the right to negotiate decreases in pricing.

4 OTHER TERMS

4.1 Continued qualification based on performance

Each Contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Product delivery and liability remains with the Contractor until the products are properly delivered and signed for by MassDOT.

Contractors shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the prior written consent of MassDOT. All assignments or transfers of any rights or interests in the contract by the Contractor shall be void, without the prior written consent of MassDOT.

4.1.1 Non-Compliance of Contractor

MassDOT reserves the right to supplement purchases by soliciting another awarded Contractor or a bidder associated with this RFR in the event that the Awarded Contractor is unable to maintain adequate delivery schedules, non-delivery or the products being delivered do not meet required specifications. When an Awarded Contractor does not comply with the contract, the Awarded Contractor shall be responsible for any additional cost incurred and expense suffered by the MassDOT as a result of its action. An Awarded Contractor may be prohibited from further performance under this contract MassDOT for either Case stated above.

4.1.2 Cancellation of Contract

MassDOT reserves the right to terminate contracts upon a thirty (30) day written notice or terminate contracts IMMEDIATELY if the Contractor does not conform to the terms and conditions of the contract or breaches any material element of the contract.

4.2 Reporting

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

4.3 Security and confidentiality

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

4.4 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) The Contractor shall provide a Contract Manager. The Contract Manager shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between MassDOT and the supplier. The Contract Manager must respond within 24 hours to MassDOT. If a site visit is required, the Regional Representative must be present on site within 48- 72 hours.

The Bidder must provide in its Response the name of at least one individual who will be the Contract Manager for the contract term. This Contract Manager will be responsible for:

• Proper operation and administration of the Contract by the Contractor.

• Responding in a timely manner and in writing unless instructed otherwise, to all requests from the

Contract Manager.

• Supplying information and serving as liaison between the Contractor and MassDOT.

MassDOT may require the Contractor to relieve the Contract Manager if:

• The Contract Manager does not support the contract requirements.

• The Contract Manager does not deliver work which conforms to the requirements demonstrated in this contract.

• Issues with the Contract Manager that hinders effective functioning of the Contract.

The Contract Manager shall have the final authority, with the approval of the MassDOT, in all operational matters pursuant to this Contract. The Contract Manager, prior to implementation or performance, must approve alterations, substitutions, or modifications to this contract. These modifications, etc. may include new products not originally awarded but that MassDOT views as value added and may therefore be added to the Contract.

The Contract Manager, in consultation with MassDOT, may amend this Contract, at any time, during the Contract term and/or its extension years.

4.4.1 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 reported promptly via email to the Commonwealth Contract Manager. In some cases, additional paperwork will be required to effect the change.

4.5 Adding commodities and/or services to the Contract

Any request to add products or services must be approved by the Strategic Sourcing Team and must fall within the scope of the specifications in this RFR and be in the best interest of MassDOT.

4.6 Orders

All quotes must clearly display freight charges (if any) as a separate line item and cannot be added to an invoice after the fact. MassDOT will not pay any freight charges for replacement equipment as a result of unsatisfactory operation or faulty installation caused by the Contractor. All equipment which is shipped must be delivered to the below address unless otherwise instructed by MassDOT:

MassDOT Warehouse c/o Snow and Ice

668 South Ave

Weston, MA 02493

4.7 Alternatives

Contractors may propose alternatives for equivalent, better, or more cost-effective performance than specified under the Contractor’s original Quote at any time during the life of the Contract.

5 AUDIT

During the term of this Agreement and for a period of six years thereafter, Massachusetts Department of Transportation (MassDOT), Highway Division, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports or files, to audit all records relating to goods sold or services performed pursuant to this Agreement.