Specialty Trades RFR 2022~1.docx

COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF FIRE SERVICES

1 STATE ROAD

PO BOX 1025

STOW, MA 01775-1025

REQUEST FOR RESPONSE (RFR)

Specialty Trades: Appliance/Window Treatment/Scaffolding, etc.

Maintenance, Repairs, Inspections and Installations #DFS-Trades-2022

Responses Accepted Starting: Immediately

This is a rolling enrollment solicitation and bids may be submitted at any time Evaluations and awards will begin upon receipt of responses

DEPARTMENT OF FIRE SERVICES

REQUEST FOR RESPONSE (RFR)

Specialty Trades: Appliance/Window Treatment/Scaffolding, etc.

Maintenance, Repairs, Inspections and Installations DFS-Trades-2022

SECTION 1: DESCRIPTION OF PROCUREMENT

The Department of Fire Services (DFS) is an agency within state government, with three locations in Massachusetts (Stow, Springfield, and Bridgewater) who has a need for specialty services from trades not covered under the statewide Trades contracts (TRD01, TRD02, TRD03 and TRD04) along with Appliance Repairs, Window Treatment and Scaffolding inspections and repairs. The purpose of this RFR is to establish a list of pre-qualified Vendors from which the Department of Fire Services can readily obtain needed services in a cost-effective manner. All onsite labor and labor utilizing specialized equipment will be subject to prevailing wage laws. All vendors must adhere to the Prevailing Wage Laws of the Commonwealth. The cost of each individual repair job cannot exceed $50,000.00 and is subject to MGL c149 44A for buildings (vertical structures) for each maintenance and/or repair job/project. Appliance Repairs are not limited.

The Department of Fire Services-Stow Facility is a state-of-the-art training facility compiled of several areas including but not limited to an Administrative building, a Fire Academy building, a warehouse, a fire station, a cafeteria, a burn building, a ladder tower/sprinkler lab, confined space areas, a gas school, a water recovery and treatment system, a septic system, gasoline pumps, grease traps and more than 200,000 square feet of paved training area.

The Department of Fire Service-Springfield Campus is a state-of-the-art training facility with roughly 18,000 square feet. The site consists of three (3) buildings: a Burn Building, a Ladder Tower, and an Administration Building.

The Department of Fires Services-Bridgewater Facility consists of 4 separate buildings. An Administrative Building with classrooms, a Cribroom/Fire Station Building, a Search & Rescue Building, and a PT Building.

The samples of various types of services to be covered include, but are not limited to:

1. Appliance Repair Services

1. Thermal Tile Repairs in Burn Buildings

1. Window Treatment

1. Scaffolding inspections, maintenance and repairs

1. Any additional trade not currently covered under the statewide Trades contracts

This is a small procurement targeted to small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to evaluate bid responses from and to award a contract to a SBPP-participating business(es) who submit a bid that meets or exceeds the solicitation criteria only. Subcontracting in these types of procurements is limited to no more than 20% of the value of the contract, unless it is with another SBPP registered participant. If determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive bid, the Department will evaluate and award bid responses received from non-SBPP businesses. To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/sbpp.

SECTION 2: ACQUISITION METHOD

__X__ Fee-for-Service

SECTION 3: REQUEST FOR SINGLE OR MULTIPLE VENDORS

__X__ Multiple Vendors

Section 3.1: Rolling Enrollment - Adding Vendors after Initial Award.

Vendors may submit bid responses in accordance with rolling enrollment at any time during the contract period. Responses will be reviewed at the discretion of the Department of Fire Services, and additional vendors may be added to the qualified list at any time during the period of the contract upon completion of the qualification process outlined in the RFR. All contracts will expire simultaneously.

SECTION 4: ELIGIBLE USERS

__X__ This contract is restricted for use by the Department of Fire Services and any other agency under the Executive Office of Public Safety.

SECTION 5: ANTICIPATED DURATION OF CONTRACT, INCLUDING RENEWALS

The duration of any contract(s) resulting from this RFR shall be two years. There will be four, two-year option to renew available. The total maximum contract term is ten years.

Section 5.1: Performance and payment time frames which exceed Contract duration.

All services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frames and services established per each written agreement). No written agreement shall extend more than six (6) months beyond the final termination date of this Agency Contract. No new services may be executed after the Contract has expired.

SECTION 6: ANTICIPATED EXPENDITURES AND COMPENSATION STRUCTURES

Section 6.1: Anticipated Expenditures.

It is anticipated that $15,000.00 will be spent for tradesperson repairs each year, with a total estimate $90,000.00 over the life of the contract. The Department of Fire Services makes no guarantee that any services will be performed from any contract resulting from this RFR. Bidders receiving contract awards will be placed on a list of qualified vendors. All services and repairs will be on an as-needed basis and based upon available funding. DFS will provide a purchase order for each service and will not honor any repairs placed without a valid purchase order. DFS reserves the right to reject any and all proposals or any portion of the proposals submitted if it is in the best interest of the Commonwealth to do so.

*There is a possibility that Federal funds (acquired through grant applications) may be used for this purchase, and that they may also be used for purchases during the renewal periods. The use of federal funds for purchases will be determined at the time of acquisition.

Section 6.2: Compensation Structures.

Compensation structures will be determined by the Agency to obtain the best value for the Commonwealth. Options for quoting proposed work may be either Hourly Rate pricing or Quoted pricing as follows:

· Hourly Rates: Pricing for this contract can be based on an hourly repair rate (for prevailing wage rate jobs) or a diagnostic rate/preventative maintenance rate (for non-prevailing wage rate jobs). The hourly rate must include all overhead and profit. Hourly rates begin upon arrival and end at departure from a DFS facility. The hourly rate will apply to all subcontractors unless otherwise indicated on your pricing sheet. Each technician (including any subcontractors) must sign in upon arrival and sign out at departure. It is the Awarded Vendor’s responsibility to notify their subcontractors of this requirement. Failure to sign in may result in the non-payment of your invoice. Hourly billing must match the sign-in sheet. A quote will be provided upon request. Quotes shall be broken down into time and materials. It is understood that the quote may be an estimate and Purchase Orders will be adjusted when exact labor hours is known. No fuel surcharges, or mileage charges will be allowed.

· Non prevailing wage hourly rates would include, but not be limited to, diagnosis without a repair, routine testing, preventative maintenance, cleaning, and inspections.

· Prevailing wage hourly rates will apply to all repair work on a building. Prevailing Wage Law is applicable to all onsite repairs and repairs utilizing specialized equipment. (Prevailing Wage law does not apply to diagnosis or preventative maintenance. Prevailing Wage law does not apply to Appliances.)

· Lump Sum Quotes/Project Based Pricing: If DFS determines that project-based pricing is in the best interest of DFS and will obtain the best value for DFS, pricing may be project-based inclusive of all employees’ and subcontractors’ labor, materials, equipment, supplies, overhead, profit, travel, permits and any other costs to complete the project. Project based pricing will be quoted at time of need and determined by the detailed scope of work in the quote request. No additional charges will be allowed over the quoted amount. Where applicable, prevailing wage applies.

Quote requests utilizing Lump Sum Quotes and Project-Based Pricing must include all labor, materials, equipment, supplies, permits, etc. – all costs to complete the job. An hourly rate quote shall list all parts and labor (number of hours, number of workers, rate per hour according to your Bidders Response Sheet). Vendors may not charge for quotes. All hourly rates must be provided on your Bidders Response Sheet. The hourly rate will apply to all subcontractors unless otherwise indicated on your pricing sheet. No additional charges will be allowed unless listed on the Bidders Response Sheet. Overhead and profit must be included in your hourly rate. Hourly rate labor charges begin upon arrival and end at departure from the Department of Fire Services Facility. Technicians (including all subcontractors) must sign in upon arrival and sign out at departure with a Facilities Representative. If multiple technicians are working on the same project, each technician must sign in and out on a separate sign-in sheet. It is the Awarded Vendor’s responsibility to notify their subcontractors of this requirement. Failure to sign in may result in the non-payment of your invoice. Where applicable, prevailing wage applies. The pricing will remain fixed for the initial 2-year term of the contract(s). Separate pricing can be provided for Stow, MA, Springfield, MA and/or Bridgewater, MA locations. There are no allowances for additional charges or any incidental charges for: site visits, transportation, fuel, mileage, usage, energy, insurance, labor charges incurred from travel, or any other surcharges throughout the duration of the contract(s). DFS purchase orders shall be created, approved, and issued to the vendor prior to any maintenance or repair. The invoice shall include but not be limited to; date(s) of service, pricing, DFS purchase order number, itemized list of parts, labor hours, invoice number, list of all services provided, and weekly payroll reports (if applicable).

Section 6.3: Contract Extensions and/or Price Increase.

At least forty-five (45) days prior to the expiration of the initial or subsequent contract periods, the Department of Fire Services will notify the contractor in writing of its desire to extend the contract. Upon exercising an option to renew, the bidder may propose a price increase. The Department of Fire Services reserves the right to request additional information on the proposed price increase and may approve, decline, or further negotiate the proposed price increase. Price increase requests MUST be submitted on the contractor’s letterhead at the time of contract renewal and MUST include the following:

· new proposed manufacturers’ published list price for parts and/or new proposed discount rate;

· reason for the requested change; and

· documentation supporting the reason for the requested change.

SECTION 7: MA STANDARDIZED CONTRACT SPECIFICATIONS

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

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

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

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda, or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

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

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

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

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

5. Supplier Diversity Office (SDO) Programs. Pursuant to Executive Orders 523 and 565, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this RFR.

6. Small Business Purchasing Program (SBPP)

Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility. To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP Webpage, or contact the SBPP Help Desk at sbpp@mass.gov.

7. Supplier Diversity Program (SDP)

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

Financial Commitment Requirements. 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(s) or non-profit organization(s). 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 acceptable Total SDP Commitment in response 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.

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)

Eligible Types of Business-to-Business Relationships. Bidders and Contractors may engage SDP Partners as follows:

· 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.

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.

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, 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 are 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 the 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 describe the bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

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

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

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

· 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.

· 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.

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.

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, and the SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

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.

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.

8. Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products). Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural, or horticultural commodities; the growing and harvesting of forest products; the raising of livestock, including horses; raising of domesticated animals, bees, and/or fur-bearing animals; and any forestry or lumbering operations.

9. Best Value Selection and Negotiation. The Strategic Sourcing Services Team or SSST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SSST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

10. Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SSST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

11. Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

12. Costs. Costs which are not specifically identified in the bidder’s response and accepted by a department as part of a contract will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

13. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS 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 SSST, including requests for clarification. The SSST 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 SSST to be lost or rejected by any means including email or spam filtering.

14. Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder is able to provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe, and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors may track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application may be found on the OSD Forms page ( www.mass.gov/lists/osd-forms). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval, and forwarding to the Office of the Comptroller. If the bidder already is enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SSST will consider such requests on a case-by-case basis and communicate the findings to the bidder.

15. Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009, that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

16. HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

17. Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

18. Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth’s Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder provides compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer (EFT) initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically may be tracked and verified through the Comptroller’s Vendor Web system. The PPD form may be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SSST. The SSST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

19. Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

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

21. Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

22. Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

23. Acceptable Forms of Signature Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

SECTION 8: PERFORMANCE AND CONTRACT SPECIFICATIONS

This RFR is not intended to be restricted to any specific trade mentioned throughout this RFR. As future needs change, this contract will allow for additional services or trades as necessary that are not currently covered under any statewide contracts. Any listing of trades is intended only as a sample listing. All work performed under this contract must comply with all Federal and Massachusetts laws. Vendors must comply with all OSHA requirements and any licensing or permitting requirements under each specific trade.

Section 8.1: Qualifications.

Each bidder must supply a list of at least three (3) companies/departments in which they have provided repairs/installations in their respective trade. The Commonwealth reserves the right to disqualify any bidder unable to document its track record, or whose references indicate an unacceptable record.

Each bidder must be in the business of providing services in their respective trade for three (3) or more years. Any additional years of business should be documented in bidder’s response.

Bidder must be qualified to perform work on all DFS buildings and/or equipment covered under this contract and submit any applicable licenses or certificates stating their qualifications. Before awarding the bid, the DFS reserves the right to require a bidder to submit any additional evidence of its qualifications, as it may deem necessary.

Bidders must be in full compliance with all federal, state, and local laws and regulations including OSHA requirements.

Bidders must be in full compliance with OSHA 10 regulations for all required employees of the company. Employees must hold, at a minimum, OSHA 10 Certification Cards. A copy of the employees’ OSHA 10 card(s) must be submitted for all employees listed on the Weekly Payroll Report Form with your company’s invoice.

Section 8.2: Service Specifications.

Repairs: The Department of Fire Services is seeking multiple qualified vendors to provide repairs, as needed. All repairs done under this contract must be under $50,000 and subject to MGL c149 44A for buildings (vertical structures) for each maintenance and/or repair job/project. Trades that are not building related or do not fall under a “Public Works” category are not subject to MGL c149 (i.e., appliance repairs).

The Vendor shall provide a time and materials quote or a lump sum/project-based quote for any work that may be needed. No additional charges (site visits, transportation, fuel, mileage, usage, energy, insurance, labor charges incurred from travel, or any other surcharges) will be allowed. Hourly labor charges begin upon arrival and end at departure of the Department of Fire Services Facility. Vendors may only charge for actual hours worked. Hours at our facility will be verified. When arriving for any repair, all technicians must sign in and sign out with a facilities representative. A repair slip must be provided at time of repair including at a minimum: parts, description of repair, date of repair, number of hours worked, number of technicians, rate per hour, and purchase order number. The number of hours reported on the invoice must match the Weekly Payroll Report submitted to comply with the Prevailing Wage Law. The hours billed must also match the vendors’ sign-in sheet. Vendors will only be paid for actual hours at DFS. DFS is not responsible for any additional charges.

Prevailing Wage Law will apply to all repair work completed to buildings on state property. Updated prevailing wage rates will be posted on COMMBUYS each year in July. Vendors are responsible for any subcontractor’s Weekly Payroll Report Form submission. Payments cannot be made until ALL payroll forms, including any subcontractors’ payroll forms, have been submitted.

An hourly labor rate during normal business hours (7:00am to 5:00pm) will be provided on your Bidders Response Sheet. This rate will apply to all employees and subcontractors unless otherwise noted. An allowance for an after-hours/emergency rate may also be provided on your Bidders Response Sheet. After-hours will be defined as 5:00pm to 6:59am.

The vendor will provide a quote within 48 hours upon request from DFS. The vendor may not charge for a quote. A purchase order will be provided prior to commencement of any service. Shipping (unless there is a DFS request for rush shipping), cancellation, restocking, travel, mileage and all other miscellaneous fees or charges are not allowed.

If applicable, the Bidder is responsible for securing any and all necessary permits required prior to commencing the work on any job. The Bidder will ensure that necessary permits have the required sign-off signatures when the job is complete. Bidder must pay for the cost of the permit and invoice the Department of Fire Services for reimbursement of the cost if pricing is an hourly rate. If pricing is “lump sum/project based” the permit cost is included in the quote and is not reimbursable.

Bidder will respond to a service call within a reasonable amount of time considering the severity of the needed repair. Emergency repairs will be given priority.

Section 8.3: Prevailing Wage Laws.

Massachusetts Prevailing Wage Rates apply to this contract. Vendors are required to comply with all laws involving the payment of prevailing wage rates. For any repair requested under this RFR, the vendor must provide documentation evidencing that they are paying the appropriate minimum or prevailing wage rate established by law. The appropriate prevailing wage rates provided by the Executive Office of Labor and Workforce Development, Department of Labor Standards are a separate attachment to this document. The Department of Fire Services will verify the vendor’s compliance with prevailing wage laws during the contract period with each invoice that includes labor. Invoices must be submitted with a “Massachusetts Weekly Certified Payroll Report Form.” No invoice can be submitted for payment unless accompanied by the Weekly Payroll Report Form. Failure to be in compliance with the prevailing wage laws will result in termination of the contract. Updated Prevailing Wage Rates will be posted in COMMBUYS each year in July.

Section 8.5: Payment Specifications.

Proposals requiring any payment prior to delivery will not be acceptable. Shipping, cancellation, restocking, and other miscellaneous fees are not allowed. The only exception where shipping will be allowed is upon written request from DFS for rush shipping. Reimbursement for a Permit fee is allowed under hourly rate pricing. (Permit fees are required to be included under a lump sum/project-based quote.) Invoices shall include but not be limited to the date(s) of service, the DFS purchase order number, list of all parts, pricing for parts, number of hours at the DFS Facility, hourly labor rate, weekly payroll reports (if applicable) and invoice number. The Commonwealth of Massachusetts is tax exempt. The exempt number shall be provided once the contract is awarded. Following acceptance of service and receipt of a properly documented invoice (including a matching sign-in sheet and weekly payroll report forms for prevailing wage if applicable), payment shall be made in accordance with the Commonwealth’s payment policy. A copy of this policy can be found at www.mass.gov/osc. Accelerated payments are available by offering a prompt pay discount. EFT payments are mandatory per Section 7.

Section 8.6: Warranty.

Any repair work performed by the contractor shall be under warranty by the contractor for a period of time after the work is completed. Any materials installed shall be under warranty for a period of time specified by the manufacturer. Please specify the length of the warranty period for work performed and items provided under this contract in Attachment A.

Section 8.7: Insurance.

The Contractor must take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage while performing services under this Contract. It is the Contractor's responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Contractor must replace/repair, at the Facility's sole option, any property damages made during performance.

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L. c. 258 (which has the same affect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L. c. 29, § 30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own. In the event that an eligible entity needs additional insurance coverage than what is provided by a Contractor and in order to adequately insure the value of the assets being moved (for example computer servers), then the eligible entity is authorized to pay a higher premium for the CONTRACTOR TO INSURE the assets for loss and replacement and NOT for the Commonwealth to purchase a separate policy in the name of the Commonwealth.

The Bidder(s) awarded contracts pursuant to this RFR must have the following insurance coverage listed below and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide certified copies of all insurance policies currently in place, including Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as identified below. Prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide DFS with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

· Worker’s Compensation Insurance By signing the Commonwealth Standard Contract Form and Instructions (found at…