SP25-MSP-TOW-ABCDH.pdf

THE COMMONWEALTH OF MASSACHUSETTS

SECRETARY OF PUBLIC

SAFETY DEPARTMENT OF

STATE POLICE

470 WORCESTER ROAD

FRAMINGHAM, MA 01702

Request for Response (RFR)

Document Title: Tow/Recovery/Service/HAZMAT Services

COMMBUYS Bid#: BD-25-1084-POLGH-GHQ-113105

Agency Document Number SP25-MSP-TOW-ABCDH

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

TABLE OF CONTENTS

SECTION CONTENTS PAGE

Opening Statement 3

1 Scope of Services 4 2 Definitions and Specifications 5 3 Administrative 7 4 Tow Service Provider Responsibilities 9 5 Tow Operator Qualifications and Employment Certifications 15 6 Specifications of Categories, Equipment, and Response Times 19 7 Rates, Charges, Fees and Billing 22 8 Electric/Hybrid Motor Vehicles 23 9 Complaint Process/Violation Schedule 24

10 Applicable Procurement Law 25 11 Estimated Procurement Calendar 28 12 Specifications 29 13 Performance Measures 30 14 Evaluation Criteria 30 15 Instructions for Submission of Responses 31 16 Other Contract Management Requirements 33 17 Appendix 1, Required Terms for All RFR’s 34 18 Appendix 2, RFR Required Specifications 35 19 Appendix 3, Instructions for Execution and Submission of

Commonwealth Standard Forms

20 Appendix 4, Glossary 45 21 Appendix 5, Bid Response Form 47 22 Appendix 6, Excel Driver and Vehicle Spreadsheet 60 23 Appendix 7, Additional Evaluation Components 61 24 Appendix 8, Approved Training Programs 63 25 Appendix 9, Category I Required Equipment 64 26 Appendix 10, Category II Required Equipment 65 27 Appendix 11, Category II Recovery Required Equipment 67 28 Appendix 12, Towing/Recovery/Storage and Labor Rates 69 29 Appendix 13, Approved Ancillary Fees 71 30 Appendix 14, Suitability Standards 72 31 Appendix 15, Violation and Discipline Guidelines 77 32 Appendix 16, List of Attachments Posted to COMMBUYS 79

OPENING STATEMENT:

Effective March 14th, 2025, the MSP is opening this RFR to solicit bids for Towing Services within ALL Field Troops. To effectively manage the submission of bids, the following forms shall be MANDATORY.

Failure to submit these completed forms will result in the bid submission being rejected as incomplete.

• Appendix 5 Bid Response Form. A downloadable version is available on CommBuys as Attachment 1. This includes all documents listed in Section 15, and all supporting documentation as required by Appendix 5.

• Attachment 2. Driver/Vehicle Spreadsheet. This Excel template is available on CommBuys;

and MUST be submitted as an Excel file with both the driver checklist and the vehicle checklist tabs complete. Forms submitted in any other format will NOT be accepted.

• All required forms as listed in Section 15.6.

Detailed instruction sheets are included for Bid Response Form Appendix 5/Attachment 1 and Additional Evaluation Components Appendix 7/Attachment 3.

Online training for bid submission or to withdraw and resubmit a new bid will be offered, as well as an online bidders’ conference. See Procurement Calendar, Section 11.

NOTES:

1. Those vendors that are currently performing services under an active MSP towing contract are NOT required to submit a complete bid package unless there has been a substantial change from their original bid submission. However, they will be required to submit through COMMBUYS online submission, all of the following:

• Attachment 1 Sections 1, 2, 4, 5, and 8, and any other information/documentation not currently on file.

• Attachment 2 Driver/Vehicle Checklist in Excel format (including all vehicles and drivers currently being used to satisfy existing contracts; and

• Driver Qualification Packets (provided in Attachment 1, Bid Response Form) if applicable.

• Attachment 3 Additional Evaluation Components: These may be submitted but are not required.

2. New bidders, providers operating under a towing agreement, or previously contracted providers not currently under active contract MUST submit all required documentation through COMMBUYS online submission.

3. Bids will only be accepted for those specific tow zones listed within Attachments A/B/C/D/H

4. Any award(s) pursuant to this RFR will supersede any previous awards or agreements.

5. Tow Service Providers, who do not meet minimum equipment requirements (see 6.2.1 and 6.3.1) are encouraged to apply. If a specific tow zone lacks a qualified bidder, contracts may be awarded to those companies that represent the best available option. (see 6.1.7)

SECTION 1: SCOPE OF SERVICES

The Massachusetts State Police (MSP) is soliciting bidders for the acquisition of Tow, Recovery, Service, and HAZMAT services, across the Commonwealth to maintain public safety and provide rapid assistance to motorists. MSP intends to contract with multiple qualified Tow Service Providers throughout the Commonwealth, and within specified zones, to ensure adequate and continuous coverage of all ways for police-directed involuntary towing, service and recovery of vehicles.

MSP Station Commanders have determined specific tow zones within each Barracks’ patrol jurisdiction, with the approval of the Troop Commander based on:

• Number of crashes

• Requests for service

• Traffic volume

• High-demand events or venues

• Number of approved Tow Service Providers

• Other measurable demands for service

Tow Zones will either be assigned to one specific approved Tow Service Provider (TSP) or to several approved Tow Service Providers who shall respond on a rotational call-by-call basis for Category I operations and a rotational week-to-week basis for Category II operations. Troop Commanders, along with the Tow Compliance Unit will oversee and ensure that in areas where multiple tow companies are assigned to zones that all calls for service will be distributed through a fair and equitable system. If a TSP is not awarded a tow due to an oversight or due to extenuating circumstances, the remedy will be for that TSP to be placed at the top of the rotational list.

1.1 GENERAL OVERVIEW:

Tow Service Providers shall provide emergency towing and related services upon all ways within the Commonwealth when directed by MSP personnel. Related services shall include, but are not limited to:

• Delivery of Fuel

• Tire Change

• Tire Inflation

• Delivery of Vehicle Fluids

• Jump-Start Service

• Lock-Out Service

• Any services needed to get a disabled vehicle underway and off the roadway safely

For the term of any awarded contract resulting from this RFR, Tow Service Providers are required to provide towing, service and/or recovery for either one or both of the vehicle and service classification categories referenced below and must demonstrate in its application that it owns or term-leases the specific equipment as defined in Sections 6.2.1 and 6.3.1 of this contract to perform services for which category they apply. Interested vendors may bid for one or both categories and must demonstrate the ability to meet all requirements for the respective categories, as described in this RFR.

SECTION 2: DEFINITIONS and SPECIFICATIONS, Applicable to Sections 3 through

9, Appendices 5 through 16, Attachments A/B/C/D/H and Attachments 1 through 5:

Category I: Towing/Recovery/Service – vehicles or combinations < 10,000 Pounds GVWR/GCWR:

Passenger Automobiles, Light Trucks/Vans, light campers/motor homes/recreational Vehicles, Trailers, Motorcycles, Mopeds, or Motor Scooters

• All combination vehicles shall, whenever feasible and reasonable, be separated and serviced according to the individual vehicle GVWR.

• The appropriate category will be determined by the vehicle GVWR and not by how the vehicle is registered. As not all vehicles GVWR can be readily determined, the presumptive measurement shall be: A vehicle with four or fewer wheels (not including spares) is Category I.

Category II: Towing/Recovery/Service/HAZMAT – vehicles or combinations > 10,000

GVWR/GCWR:

Commercial Trucks, Truck Tractors, Tractor/Trailer Combinations, Trailers, Machinery, Campers/Motor Homes/Recreational Vehicles, Buses.

• All combination vehicles shall, whenever feasible and reasonable, be separated and serviced according to the individual vehicle GVWR.

• The vehicle’s Category will be determined by the vehicle GVWR and not by how the vehicle is registered. As not all vehicles GVWR can be readily determined, the presumptive measurement shall be: A vehicle with more than four wheels (not including spares) is a Category II.

• At large scenes involving a Category II vehicle that is towed, the assigned Category II provider shall tow and service all of the vehicles at that scene, regardless of individual vehicle Category designation.

Category I Towing and Recovery: Category I Towing and Recovery Operation(s) will be defined as the ability to attach the tow vehicle to the casualty with or without the need for comprehensive mechanical re-positioning of the casualty.

• Operations shall be completed with Category I defined equipment unless there is a specific need for Category II defined equipment due to extreme site conditions.

Category II Towing: Category II Towing Operation(s) will be defined as the ability to attach the tow vehicle to the casualty without the need for comprehensive and extensive mechanical re-positioning of the casualty. Those industry standard tasks that are necessary to physically tow the vehicle, such as removing driveshafts, caging brakes, positioning on wheel lifts, etc., will be part of a standard tow operation.

Category II Recovery: Recovery Operations will be defined as the need for complex repositioning and additional comprehensive mechanical operations that are required and necessary to place the casualty in a position to be removed from the scene.

Consumer: An individual, corporate entity, or public agency that is or has become financially responsible for the motor vehicle.

Electric/Hybrid Motor Vehicle: An electric motor vehicle is defined as a motor vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source. An EV includes both a vehicle that can only be powered by an electric motor that draws electricity from a battery (EV) and a vehicle that can be powered by either an electric motor that draws electricity from a battery or by an internal combustion engine (hybrid electric motor vehicle).

• This is not intended to include electric motor scooters or bicycles.

Good Standing: Refers to the Tow Service Providers ability to comply with legal and regulatory requirements and adherence to established standards as noted.

Involuntary Tow: A tow that is ordered by the police or other public authority pursuant to M.G.L. c. 159B, § 6B or for trespass pursuant to M.G.L. c. 266, § 120D.

Personal Property: Any contents/items that are not permanently affixed to the vehicle.

Predatory Towing: Predatory towing is when a towing company uses unethical or illegal methods to take advantage of drivers/consumers and maximize profits. Predatory towing can include, but not be limited to:

• Searching for vehicles: Cruising, patrolling, or scanning for vehicles before the owner and/or appropriate authority requests removal.

• Removing vehicles without a contract: Taking a vehicle without a contract, direct dispatch, or legitimate request.

• Charging excessive fees: Charging exorbitant fees for services, such as for equipment or labor.

• Showing up to accidents without being called: Charging high fees for services at accidents without being called.

• Exploiting a dire situation: Taking advantage of someone in a difficult situation with inflated pricing.

Pyramiding: Duplication of billing hours to multiple consumers for same event.

Reasonableness Standard: Just, rational, appropriate, ordinary, or usual in the circumstances.

Contracted Tow Service Providers are expected to be, and will be held to a reasonableness standard, in all aspects of MSP towing responsibilities.

Storage: The safekeeping of vehicles and personal affects in accordance with established procedures and regulations.

Tow Compliance Unit: Unit within the Massachusetts State Police Division of Administrative Services.

Unit members are responsible for assuring that specifications and procedures within Towing Service Contracts are adhered to.

Tow Officers, Troop/Barracks level: Members within the Division of Field Services assigned to a troop headquarters or barracks. Responsibilities include assisting Tow Service Providers with minor day-to-day requests.

Tow Operational Board: A board consisting of MSP members tasked with reviewing situations, events and/or complaints that are in contrast to the terms, conditions or intent of the towing contract. The board will render opinions and administer penalties, if warranted.

Tow Review Board: A board to hear appeals from aggrieved consumers or Tow Service Providers.

Members will include MSP personnel and appropriate stakeholders. A Tow Review Board will be convened by the Deputy Division Commander (Major) of the Division of Administrative Services (DAS).

SECTION 3: ADMINISTRATIVE:

3.1 Application: Satisfy all application requirements as described within this RFR.

3.2 Electronic Quote Submission Instructions: Bidders are advised that Massachusetts State Police (1) restricts submission of written questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only.

Bidders are solely responsible for monitoring this site for bid amendments, if any. Bidders may monitor the record by frequently checking the Header Information for the list of Amendments. Bidders with active COMMBUYS accounts may also monitor the record through COMMBUYS email notification and record tracking tools enabled when a vendor acknowledges receipt of a bid. To establish a COMMBUYS account, bidders must select the Register link on www.commbuys.com and complete the online free subscription process.

3.3 Eligibility: Any Tow Service Provider currently in good standing with the MSP, or any company which has had no prior towing business relationship with the MSP, may submit a bid under this RFR. Any company, or principal corporate officers, that have been the subject of a suspension from any MSP Station Tow List for twelve (12) consecutive months or more, or that has been permanently removed for cause from any MSP Station Tow List, may submit a bid under this RFR, but if warranted by supported documentation, may be subject to immediate disqualification.

3.4 Acceptance of Contract: Tow Service Providers accepting any awarded contract:

• Will be required, during the term of the contract, to accept any contractual changes that are a result of court decisions, DPU changes/decisions, or any other definitive changes out of the control of the

MSP.

• Agree that any perceived ambiguities in the terms of this contract, or unusual situations will be brought immediately to the attention of the MSP who will, if necessary, render a binding opinion.

• Acknowledge that they may be required to respond to tow zones that may, for any reason, have a temporary or prolonged vacancy of a contracted provider. Tow Service Providers may not refuse any reasonable MSP request for services.

• Acknowledge that they are required to act and provide services at all times in accordance with a reasonableness standard.

3.5 Notification of Interested Parties: Within five (5) days of towing and storing a vehicle, a Tow Service Provider (TSP) shall, upon receipt of vehicle ownership information pursuant to G.L. c. 255, §39A, provide a written reclamation notice to the vehicle owner by registered mail sent to his/her last known place of abode stating vehicle location and the amount of the daily storage charges. The TSP within five

(5) days of towing and storing a vehicle shall also, based upon the subject vehicle’s VIN, or other available information, provide a written notice to any lienholder(s) of record contained in the Registry of Motor Vehicles (RMV) Atlas database at (myRMV - state.ma.us) by registered mail sent to its registered agent or place of business stating vehicle location and the amount of the daily storage charges.

Thirty days (30) after the initial notifications are sent, the TSP shall forward the Form 13 to the Massachusetts State Police Tow Compliance Unit (TCU) at which time upon receipt the TCU will run a lienholder check through at least three (3) comprehensive databases to identify any additional lienholders including out of state lienholders. The TCU shall convey the results of the comprehensive lienholder check to the TSP within twenty-one (21) days of TCU’s receipt of the Form 13.

3.6 Sale of Vehicles Pursuant to M.G.L. c. 255, § 39A: Sale of Vehicles: If a TSP is seeking to sell a motor vehicle at public or private sale pursuant to M.G.L. c. 255, § 39A, then after the expiration of sixty days (60) days from the date the vehicle was towed, the TSP shall issue a second written notice to: (1) the vehicle owner by registered mail sent to his or her last known place of abode and (2) any lienholder(s) http://www.commbuys.com/ https://atlas-myrmv.massdot.state.ma.us/myrmv/_/ https://atlas-myrmv.massdot.state.ma.us/myrmv/_/ identified via search of the RMV Atlas database and the TCU’s lienholder check by registered mail sent to its registered agent or place of business stating the amount of the daily storage charges and informing them that if the vehicle is not claimed within twenty-one (21) days from date of the notice, the vehicle will be sold.

At the same time, the TSP must also provide a copy of said notice(s) to the TCU. A vehicle shall not be sold until such time as the Massachusetts State Police has conducted and completed its inquiry into the subject vehicle’s title and has been notified of any impending sale of the subject vehicle.

The TSP acknowledges that it must at all times comply with the provisions of M.G.L. c. 255, § 39A and agrees to indemnify and hold harmless from liability the Massachusetts State Police for all costs associated with the sale of the vehicle, including, but not limited to, fees, damage awards, and attorneys’ fees and costs. This provision shall apply, but not be limited to, any litigation related to the notification of previously unidentified lienholders.

3.7 Gifts: Any Tow Service Provider, or agent thereof, which is under contract with the MSP to provide towing and/or related services, is expressly prohibited from offering anything of value (including but not limited to: money, tangible or intangible personal property, food, beverage, loan, promise service, or entertainment) for the direct or indirect benefit of a member of the MSP. This requirement is in accordance with MGL c.22C §14 which prohibits acceptance of such gifts.

3.8 Zone Boundaries: Zone boundaries will be aligned with Troop and Barracks lines of jurisdiction, which may be revised from time to time. In areas that are patrolled by more than one barracks, the call will be serviced in alignment with the patrol assignment of the responsible MSP personnel/barracks.

3.9 Gone-on-Arrival (GOA): Shall respond to all service calls as requested by the MSP. The MSP does not guarantee that a vehicle will be available for the Tow Service Provider to service upon their arrival for the designated service call. The Tow Service Provider shall accept a GOA event as an element of providing service for the MSP and shall have no recourse, including compensation of any kind.

3.10 Canceled Tows: In the event that the MSP determines that a tow is not required in any given situation and cancels a Tow Service Provider’s response at any time subsequent to a request, and prior to any TSP handling of the vehicle in question, no charges shall incur as a result of said cancellation.

The MSP has absolute discretion to cancel any requested tow or related services for any reason.

3.11 Classification as a Repairman: Tow Service providers must meet and maintain the standards established by the Registry of Motor Vehicles under 540 CMR 18.02 for classification as a Repairman.

Tow Service Providers shall have a minimum of two (2) valid repair plates for the tow zone awarded, and an additional valid repair plate for each subsequent zone awarded, so as to allow for the towing of unregistered vehicles.

3.12 Standard Operating Plan: Annually, each Tow Service Provider shall provide a written Standard Operating Plan on small quantity spill clean-up methods, employee training and disposal methods. A written plan shall not include any blanket services or charges. Only those services minimally necessary to reasonably address environmental concerns will be allowed. The excessive dis-mantling of vehicles and/or excessive shop charges are strictly prohibited. All environmental concerns must be addressed immediately. If any portion of a written plan conflicts with the terms, details or intent of this contract, the contract shall prevail. All clean ups shall be below the DEP reportable quantity guidelines. The Tow Service Provider shall comply with all DEP regulations and possess the permits necessary or transportation, storage and disposal of petroleum waste products. Cost plus 20% recovery for supplies and disposal is authorized, and must be itemized on the Monthly Tow and Service Report.

3.13 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 Response should include the following:

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

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

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

• A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g.

Entire State, Specific City or Region).

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

SECTION 4: TOW SERVICE PROVIDER RESPONSIBILITIES:

4.1 General Responsibilities:

4.1.1 Hours of Service: Have personnel available 24 hours a day, seven days a week to respond, tow, and service vehicles in compliance with Section 6.4.

4.1.2 Equipment Use: Use ONLY the equipment authorized for the vehicle and service category approved for, within the specific tow zone(s) awarded for that category, and in conformance with the established zone rotation. Tow Service Providers dispatched to and arriving at a scene which necessitates a different category of equipment shall relinquish the call to the next in line provider for that required category.

4.1.3 Vehicle Removal: Shall not remove any vehicles from any way, road or highway, unless specifically authorized by the MSP or another duly authorized authority. Tow Service Providers shall only tow or otherwise move a vehicle utilizing the shortest, legal route to one of the following locations:

• The towing company’s principal place of business or nearest storage facility, or

• To the location designated by the owner or operator of the vehicle (when specifically authorized by MSP personnel on scene).

• A vehicle ordered towed by the MSP shall remain an involuntary tow, regardless of final destination, and billing shall not exceed the prevailing rates under 220 CMR 272.

• A vehicle serviced at the direction of the MSP (SEE 1.1 General Overview) but not otherwise towed shall be considered an involuntary tow for the purposes of this contract and billing shall not exceed the prevailing rates under 220 CMR 272.

• A Tow Service Provider shall not knowingly accept a tow or call for service that they are not otherwise entitled to, without first notifying the MSP employee of the discrepancy. After notification and the approval of the MSP employee, the Tow Service Provider may accept the tow or call for service without being in violation of this contract.

• Patrolling for tows, poaching tows or any predatory type towing are unacceptable practices and will be a violation of this contract.

4.1.4 Vehicle Removal – Special Circumstances: Notwithstanding any provisions in this RFR and any awarded contract, the MSP reserves the right to authorize tows under special circumstances at the discretion of the District Attorney’s office of jurisdiction, and to have vehicles towed in any manner they deem necessary.

4.1.5 Refusals: Shall answer routine calls for service in addition to towing. Tow Service Providers shall not refuse to remove or service any vehicle without just cause. Just cause shall be defined as a legally sufficient reason to include but not limited to circumstances where:

• Tow Service Provider is physically unable to complete service

• Specific safety issues prevent completion of service

• Specific assistance is unavailable

• Specific additional equipment is unavailable

Tow Service Providers refusing calls for service without justification, or refusing multiple calls regardless of justification, will be subject to review to determine their ability to meet contractual requirements and/or be subject to sanctions per Section 9.

4.1.6 Impounded Vehicles: Shall obtain authority, in the manner decided by the MSP, before holding or releasing a vehicle impounded because of an active or on-going investigation. Vehicles towed for an Operating Under the Influence of Alcohol offense, for which there was a breathalyzer refusal, shall not be released until the passage of twelve (12) hours per MGL c.90 §24. Form SP357C shall be utilized for any vehicle subject to impoundment under this section.

Vehicle(s) towed to an MSP facility for investigative purposes remain in constructive possession of the TSP (mechanic’s lien). If a TSP is required to return to the MSP facility at a later time to take physical custody, that TSP is entitled to a separate and distinct tow, serviced and billed under the terms of this contract and 220 CMR 272.

When necessary, the MSP may require the Tow Service Provider to transport impounded vehicles to a designated storage facility, at no cost to the MSP.

4.1.7 Motor Vehicle Safety: Shall respond to calls for service using proper care and caution in its operations. The services provided shall conform to the professional standards of care and practice customarily expected of similar companies engaged in performing comparable work, and that the personnel furnishing said services shall be qualified and competent to perform adequately the services assigned to them. Tow Service Providers shall abide by all applicable motor vehicle laws and regulations and any safety advisories in effect at the time. The MSP will strictly enforce all applicable motor vehicle laws, regulations, and safety advisories. The MSP will not tolerate reckless operation, including speeding, by Tow Service Provider’s employees.

4.1.8 Special Permits: In the event a Tow Service Provider removes a vehicle that requires special permitting (over-weight/over-dimensional vehicles or loads), any subsequent moves made beyond the initial emergency move, the Tow Service Provider shall ensure that proper permitting is obtained from the Massachusetts Department of Transportation (MassDOT).

4.1.9 Scene Management and Safety: Shall take every precaution to prevent any interference with the normal flow of traffic. Tow Service Providers shall take direction on all matters related to roadways from the MSP, MassDOT, authorized government entities or incident commanders on scene. Tow Service Providers and their employees shall take every reasonable precaution to ensure scene safety. All movements of tow trucks and vehicles being serviced shall be coordinated through the MSP, MassDOT, authorized government entities or incident commanders on scene. Use of traffic control devices owned/operated by the Tow Service Provider may only be used when approved by on scene MSP and MassDOT personnel. Traffic control devices affixed to the Tow Service Providers vehicle are considered an integral part of the service vehicle, and use of those devices are contained within the service vehicle rate. Light towers required for prolonged use after sunset Category II recovery operations may charge an equipment fee. See Appendix 12.

4.1.10 Quick Clearance: Shall adhere to Federal Highway Administration Quick Clearance First Responder training guidelines. The Strategic Highway Research Program’s (SHRP2) Traffic Incident Management Training (TIM Training) shall be completed by all employees responding to traffic crashes.

4.1.11 Scene Remediation: Tow Service Providers are required to ensure that vehicle and cargo debris is removed from the scene. However, no Tow Service Provider shall engage in scene remediation or hazardous materials remediation that is not specifically approved by the Massachusetts Department of Transportation (MassDOT) in conjunction with the Department of Environmental Protection (MassDEP).

This does not preclude the off-loading of vehicle fuel tanks for safe recovery or from ensuring “broom-clean roadways,” free from debris, obvious hazards, and applying and removing materials used for the absorption of spilled fluids. In accordance with section 3.12 of this contract, Tow Service Providers are required to submit with their application a written Standard Operating Plan for hazardous material handling. A MassDEP Hazardous Waste Generator Permit ID will be required upon award of any contract/provisional contract. While providing services, Tow Service Providers shall use due care and caution to prevent additional damage to vehicles and property, including damage to the interior of vehicles from improper disposal of debris.

4.1.12 Patron Services: Shall conduct business in a courteous and presentable manner at all times.

Any person who is present in a vehicle provided by the Tow Service Provider or who is responding to a call from the MSP shall have been successfully vetted with a proper background check completed and approved by the MSP. This includes drivers, operators, laborers and any other person arriving at a call generated by the MSP. At no time shall the Tow Service Provider or its employees allow any person who has not been subject to a background check and authorized by the MSP to be present at any MSP call for service. In the event that a large scene overwhelms the Tow Service Provider’s labor staff, the Troop Commander (or his designee), TCU Commander (or his designee) may authorize the use of additional non-vetted labor staff. In this event, the Tow Service Provider must assure that this additional labor staff has no direct contact with the public/patrons on scene.

Tow Service Providers shall not allow any person to occupy or remain within a motor vehicle while it is loaded and stored upon, or drawn or towed behind, any service vehicle. All operators and their passengers shall be transported within the passenger compartment of the responding tow service vehicle to the location where the vehicle is being towed to.

Outside of normal business hours, Tow Service Providers shall transport operators and their passengers from the scene to the nearest safe location, as approved by MSP personnel.

4.1.13 Payment Options: Have a system in place for accepting payments by credit card/debit card, both at the roadside and at the established business location. Pursuant to MGL Chapter 140 Section 28A(2), no additional fees or charges shall be assessed by the TSP to the consumer for using a credit card/debit card to pay for services provided. Third-party vendors, who have no affiliation to the Tow Service Provider, may offer this payment service directly to the consumer for a convenience fee. “Cash Only” policies/requirements are strictly prohibited.

4.1.14 Photographs/Videos: Tow Service Providers and their employees are explicitly prohibited from disseminating photos, videos, or any other image or depiction of the scene and/or vehicles involved in an MSP tow. Further, drivers are prohibited from disseminating information regarding the vehicle owner, operator, passengers or State Police Operations to anyone. This prohibition includes the dissemination of images or information from the tow scene and/or the identities of involved parties on any social media platform including but not limited to: Facebook, Twitter, Instagram, and Snap Chat. Further, Tow Service Providers and their employees are prohibited from disseminating images of the tow scene and/or the identities of involved parties to the media, including but not limited to newspapers, television stations, radio stations, and magazines. Such actions will be grounds for immediate termination of the contract.

This does not preclude the Tow Service Provider from taking photographs/video for internal use, such as billing or insurance documentation purposes. Tow Service Providers are encouraged to document photographically and/or by video any existing damage or unusual circumstances prior to towing or servicing a vehicle, in order to combat fraudulent claims.

4.1.15 Tow Records: Maintain tow records in compliance with MSP, State and/or Federal record-keeping requirements (no less than a minimum of 36 months). Tow records shall contain at a minimum, but not be limited to:

• The Tow Service Provider’s driver name,

• Year, make, model, vehicle identification number (VIN), registration number of towed/serviced vehicle,

• Location from where the vehicle was towed,

• Address of where vehicle was delivered,

• Mileage per call,

• Name of person to whom vehicle was released, dates, times and all charges,

• Any other information/documentation generated for the incident, including photographs or videos.

• Tow Service Providers shall include documentation to support all charges seeking reimbursement of one-time-use supplies, damaged equipment, or services provided by third parties.

These records, and any other records related to MSP tows, shall be available for inspection by the MSP or its designee or other authorized parties during normal business hours. These records shall be produced at the request of the MSP within two business days. Failure to produce requested records within the allotted time frame shall be grounds for immediate removal from all MSP tow lists.

All documents, records and books of accounts shall be maintained in accordance with generally accepted accounting principles and shall be subject at all times, during the periods referenced above to examination and audit by the MSP or authorized parties during normal business hours.

4.1.16 Monthly Report: Submit a Monthly Tow and Service Report to the MSP within seven (7) days of the close of each month. The monthly report shall be documented in a format designated by the MSP (see Attachment 5), which may include the requirement for electronic submissions. Tow Service Providers shall be subject to penalties as outlined in Section 9/Appendix 15 of this RFR for failure to submit complete, accurate and timely monthly reports.

4.1.17 Drivers List/Vehicle List: Shall maintain a current list of drivers (Driver Tab) and a current list of vehicles (Vehicle Tab) on the provided excel spreadsheet (See Attachment 2). Driver’s lists shall contain at a minimum driver’s name, date of birth, license number, license state, TIM training date, medical card expiration date, tow training category, and Company ID. Equipment lists shall contain at a minimum Truck Type, VIN, Company Number, GVWR, Make, Model, Year, Plate Number, Winch Rating (WLL), Number of Winches, Category I and/or Category II designation, GPS tracking enabled and Category I, II, and II recovery equipment list verification. The Tow Service Provider shall notify the MSP immediately in writing of any hired or terminated personnel. No drivers shall be utilized for MSP tows until authorized by the MSP. The Tow Service Provider shall also notify the MSP immediately in writing of any vehicle acquisitions and shall be subject to immediate inspection for compliance with this RFR. The MSP reserves the right to change the format in which this information is catalogued, maintained and submitted, including any electronic formats.

4.1.18 Driver Verification System: Shall enroll in the Massachusetts Registry of Motor Vehicles Driver Verification System. Once enrolled, all current drivers shall be included within the database and maintained throughout the life of the contract. A provider receiving notification from the RMV for an operator status other than “active”, must forward said notification to the TCU forthwith. The operator shall be removed from the approved operator list and shall not perform services under this contract until an “active” status is achieved.

4.1.19 Right of Entry/Audits: The MSP reserves the right to perform spot auditing of tow records maintained by Tow Service Providers without prior notice. Tow Service Providers acknowledge that the MSP has a right of entry during normal business hours in order to verify whether or not company record keeping is in compliance with this RFR and any awarded contract.

4.1.20 Regulatory Compliance: Shall comply with all federal, state and local laws, Department of Public Utilities (DPU) regulations, Federal Motor Carrier Safety Regulations, and any Incident Management Response plans or agreements. Approved Tow Service Providers shall maintain a valid DPU Involuntary Tow Certificate. All regulated vehicles shall display proper owner markings, have valid registrations and shall display current Massachusetts State Commercial Inspection Stickers. In addition, vehicles that display Registry of Motor Vehicles (RMV) Section 5 plates (repair plates) shall be properly reported to the RMV and shall display valid RMV Compliance Decals in accordance with RMV rules and regulations.

DPU compliance decals shall be displayed as required for intrastate carriers only.

4.1.21 FMCSA/USDOT Authority: Shall have assigned and properly displayed US Department of Transportation (USDOT) numbers on all regulated commercial vehicles as issued by the Federal Motor Carrier Safety Administration (FMCSA) authorizing interstate or intrastate operating authority. All Tow Service Providers who have interstate operating authority shall ensure that the Unified Carrier Registration (UCR) is up to date. All FMCSA/USDOT operating authority shall be active and if rated, have a rating no less than satisfactory. All Tow Service Providers shall be registered to transport hazardous materials with FMCSA and have proper insurance on file with the USDOT/Licensing and Insurance as required. Random checks may be conducted by the MSP through the online portal at:

http://safer.fmcsa.dot.gov.

4.1.22 USDOT Federal Out of Service Orders: Any Tow Service Provider who is subject to any USDOT Federal Out of Service Order (OOS) shall be grounds for bid disqualification. If awarded a contract and contractor becomes subject of any USDOT Federal OOS during the life of the contract, this shall be grounds for termination of the contract.

4.1.23 Business Location: Must be physically located and licensed within Massachusetts. The Tow Service Provider shall conspicuously post therein a reference to 220 CMR 272 as well as maximum rates, charges, and fees associated with involuntary police towing and recovery. Additionally, the Tow Service Provider shall conspicuously post the MSP contact information for filing a towing response. A written copy of both the towing rates and the MSP contact information shall be provided to consumers contemporaneously with the settlement of all outstanding charges, or before entering into any private agreements for services, or at any time upon request. MSP Notice to Consumers forms 357A (category I) or 357B (category II) shall be utilized to satisfy this requirement.

• Postings of the SP 357A and/or SP357B shall be no less than 18” x 24”.

• Formatting, content or wording of the SP357A or SP357B shall not be altered in any way for posting and/or presentation to consumers.

• A digital copy presented via a common interface (e.g., QR Code) is the preferred delivery method.

Consumers not wishing to use the digital copy shall be given a paper copy no less than 8.5” by 11” in size. The MSP reserves the right to update the information contained within these forms and/or change the digital delivery interface method at any time during the life of the contract.

http://safer.fmcsa.dot.gov/ http://safer.fmcsa.dot.gov/

4.1.24 Waiting Facilities: Shall maintain a waiting facility during normal business hours as declared in the RFR response, with access to:

• Bathroom facilities

• Telephone services

• Information regarding local hotels, car services, taxis, restaurants, etc.

4.1.25 Business Interests: No Tow Service Provider shall be directly involved in the towing-related business of any other Tow Service Provider that is under contract with the MSP. Directly involved shall mean having any interest, financial or otherwise, on such matters involving, but not limited to, business licenses, insurance, truck or equipment ownership, and/or employees functioning as company officers.

4.1.26 Business Ownership: The sale or transfer of the controlling interest in a company shall be communicated to the MSP at least 60 days in advance of such sale or transfer. Upon execution of the sale or transfer, the contract shall become null and void. The SST reserves the right to determine if the new owner can re-apply.

4.2 Storage Facilities

4.2.1 Security: Shall provide security of vehicles and property at the place of storage to prevent theft, tampering, and/or damage. At a minimum, an outdoor locked and gated area shall be provided along with secure, indoor storage available. This outdoor area must be enclosed by a secure fence or other secure barrier at least six feet in height and be adequately illuminated at night per MGL c.159B s.6B.

The Tow Service Provider is solely responsible for the protection, care, custody, and control of all vehicles and the property contained within such vehicles.

4.2.2 Indoor Storage: Shall have indoor storage areas and may bill storage fees as outlined in this contract (see Appendix 12). Indoor storage rates may only be billed when the indoor storage is both necessary (e.g., evidence preservation) and authorized (by MSP/DA personnel). Tow Service Providers opting to utilize indoor storage at their own discretion may only bill the outdoor storage rates contained within MGL c.159B s.6B.

4.2.3 Storage to be in Massachusetts: Shall have storage capabilities within the geographic confines of the Commonwealth of Massachusetts, and at no time shall an MSP-ordered towed vehicle be stored at any location outside the Commonwealth.

4.2.4 Primary Storage Facility: The primary storage facility shall normally be at the same location as the business address. If vehicles are stored at a location other than the primary storage facility, no additional charges shall be assessed (see Appendix 12), and the regulations outlined in 220 CMR 272 and this RFR and any awarded contract shall prevail. All storage facilities must be approved by the MSP prior to storing vehicles ordered removed by the MSP. When new storage areas are added by a Tow Service Provider, it is the responsibility of the Tow Service Provider to notify the MSP of that location and obtain approval for use prior to storing MSP ordered towed vehicles.

4.2.5 Leasing: Storage facilities leased and/or shared with another entity shall only be approved if the owner charges for the space on a flat rate rather than a vehicle-by-vehicle basis.

4.2.6 Environmental Compliance: Vehicle storage facilities shall comply with all local, state and federal environmental protection regulations, and permitting. No assessment of additional fees for customary vehicle storage shall be billed to the towed vehicle owner, unless expressly allowed under the terms of this contract.

4.3 Return of Vehicles/Property:

4.3.1 Return/Access: Shall allow vehicle owners/owners’ agents, with valid proof of ownership or authorization, access to a towed vehicle for the purposes of inspecting, retrieving personal property, documenting its condition, and/or the return of the towed vehicle unless the MSP has specifically prohibited such access. This service shall be provided without charge during the company’s regular business hours, as declared in the RFR response. At a minimum these hours shall encompass Monday through Friday 8:00AM – 5:00PM, and Saturday 8:00AM-12:00PM, excluding state and federal holidays.

• For Saturday hours ONLY, a representative may be on-call to respond within a reasonable amount of time to comply with this section. Contact information for the representative shall be prominently displayed for patrons to utilize upon arrival at the business address. A request initiated during this time frame shall be honored, without charge, regardless of when the actual service is provided. For this section, a reasonable amount of time shall be considered within 15 minutes, barring any unforeseen events.

• Tow service providers may require a signed liability release prior to access to a vehicle, but no other conditions may be imposed or attached to said liability release.

• Any damage done to the products applied to preserve the condition of the vehicle (e.g., crash wrap) during access to the vehicle, may be repaired by the Tow Service Provider and billed under the terms of this contract.

• Tow Service Providers, upon proof of ownership or authorization of a vehicle and the satisfying of any outstanding charges, must release said vehicle unless a specific and immediate public safety concern can be articulated and justified. This concern shall be immediately addressed with the MSP barracks of jurisdiction or the Tow Compliance Unit.

4.4 Insurance Requirements

4.4.1 Minimums: All insurance requirements must be maintained and remain in good standing throughout the life of the contract:

• Category I: $750,000

• Category II: $1,000,000

• Garage Keepers: $100,000

• “On Hook” involuntary tow liability: $100,000 (unless included in Garage Keepers policy)

• Worker’s Compensation Insurance as set by Massachusetts Statutory limits.

4.4.2 Insurance Status Changes: Shall immediately advise the MSP in writing of any change of status, coverage, or carrier of any insurance policy or endorsement required by this RFR and any awarded contract.

SECTION 5: TOW OPERATOR QUALIFICATIONS and EMPLOYMENT

CERTFICATIONS

5.1 Minimum Qualifications for All Drivers

5.1.1 Driver’s Licenses: Each driver must have a valid driver’s license/right to operate in Massachusetts applicable for each vehicle operated. Drivers holding licenses from out of state are required to provide a certified copy of their out of state driver’s history/status. Drivers residing within the Commonwealth of Massachusetts are required to have a Massachusetts issued driver's license.

5.1.2 Medical Certificates/Equivalent: Valid Medical Certificate/Skills Performance Evaluation (SPE) Certificate issued by an authority authorized by the FMCSA National Registry of Certified Medical Examiners or hold a Massachusetts Registry of Motor Vehicles medical waiver.

5.1.3 Identification: Tow service Providers shall issue photo identification badges to drivers upon successful completion of training. Identification shall be displayed conspicuously while on MSP tows. The minimum information to be displayed shall include Company name, Driver Photo, Driver Name, Training Company provider and driver training certification number.

Employees performing services under an approved training waiver shall conspicuously display an identification supplied by the TSP that will include, at a minimum, the Company name, employee’s photo and name.

5.1.4 Background Investigations: Tow Service Providers and their employees shall authorize initial and recurring background investigations on all drivers, employees, and owners/principals to include but not limited to previous employment, CORI, Interstate Identification Index, driving records, and Sex Offender Registry Board records. Tow Service Providers shall facilitate their agent/employee’s endorsement of any necessary waiver to obtain these records.

5.1.5 Driving Records: The MSP may conduct an inquiry into the driving records of any operator providing or proposed to provide services under this RFR and any awarded contract, at any time.

5.1.6 CORI Background Investigation: The MSP shall conduct an annual Criminal Offender Records Information (CORI) background check on any persons providing or proposed to provide services under this RFR and any awarded contract. A criminal conviction or indictment of an owner corporate officer, or anyone holding an interest in the business, including but not limited to stolen or embezzled vehicles, fraud related to the towing business, stolen property, crimes against morality, and/or crimes against the person, shall be grounds for removal from all tow lists, disqualification from the application process, and/or termination of the contract.

A criminal conviction or indictment of an employee, including but not limited to stolen or embezzled vehicles, fraud related to the towing business, stolen property, crimes against morality, and/or crimes against the person, shall be prohibited from any involvement with MSP calls for service.

The MSP may make an individual assessment of suitability based upon reliable information received from any law enforcement agency or source.

A pre-employment suitability determination…