thermo.doc

COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETTS HIGHWAY DEPARTMENT

HIGHWAY OPERATIONS

10 PARK PLAZA

ROOM 7210

BOSTON, MA 02116-3973

REQUEST FOR RESPONSES (RFR)

RFR # MHDMNT-08A

FURNISHING AND DELIVERY OF

HEAT-FUSED RETROREFLECTIVE PREFORMED

THERMOPLASTIC PAVEMENT MARKINGS

RELEASE TUESDAY JUNE 28, 2007

RESPONSE DUE NO LATER THAN 2:00 P.M ON TUESDAY JULY 24, 2007

Contact Person:

John S. Gendall

Massachusetts Highway Department

FAX Number:

(617) 973-8037

Email:

john.gendall@mhd.state.ma.us

PROCUREMENT CALENDAR

The Massachusetts Highway Department (MassHighway) for the Commonwealth of Massachusetts solicits proposals that will result in a Limited Contract. The schedule of events for this solicitation, subject to amendment by the MassHighway is:

EVENT

DATE

TIME

Release of RFR 6/28/2007 6:00 P.M.

Deadline for Written Inquiries 7/12/2007 2:00 P.M.

Response to Written Inquiries (estimated) 7/18/2007 3:00 P.M.

Response Due Date/Time 7/24/2007 2:00 P.M.

Completion of Evaluations (estimated) 8/3/2007

Notification to Vendors (estimated) 8/9/2007

Effective Date of Contract (estimated) 8/15/2007

Bidders are encouraged to utilize the Commonwealth Procurement Access & Solicitation System (Comm-Pass) for this RFR as well as future RFR’s.

For more information phone: 1-888-MA State (888) 627-8283)

E-mail: Comm-Pass@state.ma.us.

There will be no Informational Bidders Conference

Written questions from Vendors will be permitted and should be submitted by July 12, 2007 at 2:00 P.M. Written questions may be submitted via email to john.gendall@MHD.state.ma.us or via fax to 617-973-8037. Questions and answers will be published on COMM-PASS by July 18, 2007 (estimated). If questions are faxed, it is the Bidder’s responsibility to ensure that the fax has been received by contacting John Gendall at 617-973-7770. No questions will be taken over the phone. All questions received after the deadline time and date may go unanswered.

TABLE OF CONTENTS

GENERAL INFORMATION

SECTION 1

RFR REQUIRED SPECIFICATIONS

SECTION 2

PROCUREMENT PURPOSE & SCOPE

SECTION 3

ACQUISITION METHOD

SECTION 4

CONTRACT AWARD

SECTION 5

ELIGIBLE USERS OF CONTRACT

SECTION 6

CONTRACT TERM / OPTIONS TO RENEW

SECTION 7

TOTAL ANTICIPATED EXPENDITURES

SECTION 8

PERFORMANCE & CONTRACT SPECIFICATIONS

SECTION 9

BUSINESS SPECIFICATIONS

SECTION 10

PERFORMANCE & TECHNICAL SPECIFICATIONS

SECTION 11

RESPONSE SUBMITTAL REQUIREMENTS

ATTACHMENTS

ATTACHMENT A

BIDDER BID SHEET

ATTACHMENT B

COMMONWEALTH TERMS AND CONDITIONS

ATTACHMENT C

REQUEST FOR TAXPAYER ID NUMBER (W-9)

ATTACHMENT D

CONTRACTOR AUTHORIZED SIGNATURE LISTING

ATTACHMENT E

NORTHERN IRELAND NOTICE & CERTIFICATION

ATTACHMENT F

ELECTRONIC FUND TRANSFER FORM

ATTACHMENT G

AFFIRMATIVE ACTION PLAN COMMITMENT FORM

ATTACHMENT H

AFFIRMATIVE ACTION MARKET PROGRAM FORM

ATTACHMENT I

BUSINESS REFERENCE FORM

ATTACHMENT J

PROMPT PAY DISCOUNT

SECTION 1

RFR - Required Specifications

Refresh Date: November 1, 2005

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions (either version). However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00:

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. 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.

Affirmative Market Program (AMP). Massachusetts Executive Order 390 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Affirmative Market Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. All bidders must follow the requirements set forth in the AMP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of AMP objectives, the Affirmative Market Program (AMP) Plan for large procurements greater than $50,000 will be evaluated at 10% or more of the total evaluation. Once an AMP Plan is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SOMWBA certified contractors to fulfill their own AMP expenditure benchmarks. M/WBE participation must be incorporated into and monitored for all types of procurements regardless of size, however, submission of an AMP Plan is mandated only for large procurements over $50,000.

This RFR will contain some or all of the following components as part of the Affirmative Market Program Plan submitted by bidders:

· Sub-contracting with certified M/WBE firms as defined within the scope of the RFR,

· Growth and Development activities to increase M/WBE capacity,

· Ancillary use of certified M/WBE firms,

· Past Performance or information of past expenditures with certified M/WBEs and

· Additional incentives for bidders to commit to at least one certified MBE and WBE in the submission of AMP plans.

A Minority Business Enterprise (MBE), Woman Business Enterprise (WBE), M/Non-Profit, or W/Non-Profit, is defined as such by the State Office of Minority and Women Business Assistance (SOMWBA). All certified businesses that are included in the bidder’s AMP proposal are required to submit an up to date copy of their SOMWBA certification letter. The purpose for this certification is to participate in the Commonwealth’s Affirmative Market Program for public contracting. Minority- and Women-Owned firms that are not currently certified but would like to be considered as an M/WBE for the purpose of this RFR should submit their application at least two weeks prior to the RFR closing date and submit proof of documentation of application for consideration with their bid proposal. For further information on SOMWBA certification, contact their office at 1-617-973-8692 or via the Internet at mass.gov/somwba.

Affirmative Market Program Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Affirmative Market Program (AMP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Best Value Selection and Negotiation. The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT 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.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the PMT 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 Comm-PASS.

Comm-PASS. If this RFR has been distributed electronically using the Comm-PASS system, RFR attachments that are referenced are incorporated by reference into the RFR and are available as separate files within the Forms tab and Specifications tab of the Comm-PASS Solicitation record. OSD Forms are also available at www.mass.gov/osd under the Related Links section. While Comm-PASS offers optional, value-added, automated Comm-PASS Subscription Service on an annual-fee basis, all bidders are solely responsible for obtaining and completing the required attachments that are identified in this RFR and for checking Comm-PASS for any addenda or modifications that are subsequently made to this RFR or attachments. The Commonwealth and its subdivisions accept no liability for and will provide no accommodation to bidders who fail to check for amended RFRs/Requests for Quotes (RFQs) or any other procurement opportunities and subsequently submit inadequate or incorrect responses. Bidders are advised to check the Last Changed Date field on the Summary page or the Amendment History within the Other Information tab of RFRs for which they intend to submit a response in order to ensure that they have the most recent RFR files. Bidders may not alter (manually or electronically) the RFR language or any RFR component files. Modifications to the body of the RFR, specifications, terms and conditions, or which change the intent of this RFR are prohibited and may disqualify a response.

Comm-PASS Subscription Service. The Comm-PASS Subscription Service is sponsored by the Operational Services Division. This service offers a prospective bidder a secure, web-based desktop that contains tools to track and manage postings including solicitation announcements, Request for Responses (RFRs), and Contracts that match the subscriber-designated set of categories and sub-categories on the Commonwealth’s Procurement Access and Solicitation System (Comm-PASS).

Comm-PASS Basic Service will provide a subscriber with:

· Secure web-based desktop within Enhanced Comm-PASS for document management.

· A customizable profile reflecting the bidder’s product/service areas of interest.

· Refined commodity and service categories and sub-categories.

· Full-cycle, automated email alert whenever a solicitation of interest is posted or updated.

· Access to Online Bidder Forums to allow for virtual attendance and participation.

· Tools to submit bids electronically to an encrypted lock-box.

Every public purchasing entity within the borders of Massachusetts may post their solicitations on Comm-PASS at no charge. Comm-PASS has the potential to become the sole site for reviewing and responding electronically to public solicitations in Massachusetts. Fees for the Comm-PASS Subscription Service are based on costs to operate, maintain and develop the Comm-PASS system.

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.

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.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the PMT, including requests for clarification. The PMT 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 PMT to be lost or rejected by any means including email or spam filtering.

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 can 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 are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). 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 is already 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 PMT 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 PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Environmental Response Submission Compliance. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses submitted should comply with the following guidelines:

· All copies should be printed double sided.

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

· Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

· Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

· Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes,

· envelopes, boxes, etc. Where appropriate, bidders should note which products in their responses are made with recycled materials.

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

Minimum Bid Duration. Pursuant to MGL c. 106, Section 2-205, bidders responses/bids made in response to this RFR must remain in effect for 90 days from the date of bid submission.

Northern Ireland Notice and Certification. All bidders must complete the Northern Ireland Notice and Certification form to satisfy M.G.L. c.7 section 22C, which states that no state agency may procure commodities or services from any bidder employing ten (10) or more employees in an office or other facility located in Northern Ireland unless the bidder certifies through the notice and certification form that if it employs ten or more employees in Northern Ireland, a) the bidder does not discriminate in employment, compensation or the terms, conditions and privileges of employment on account of religious or political belief, b) the bidder promotes religious tolerance within the workplace and the eradication of any manifestations of religious and other illegal discrimination and, c) the bidder is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland.

Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply. The Commonwealth reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

Pricing: Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

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 shall be disregarded.

Reasonable Accommodation. Bidders with disabilities 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 may be required to confirm his or her request in writing to the contact person. The request must state that it is based on a disability and specifically identify the accommodation desired. Although entities of the Commonwealth will make all reasonable efforts to accommodate the requests of bidders with disabilities, they reserve the right to reject unreasonable requests.

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.

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.

SECTION 2

PROCUREMENT PURPOSE & SCOPE

Procurement Scope

This solicitation is in accordance with the Commonwealth of Massachusetts Regulations 801 CMR 21.00. The purpose of this solicitation is for the Massachusetts Highway Department (“MassHighway”), through the Commonwealth of Massachusetts, to compile a contract to establish and award a single Limited Price Agreement contract for the furnishing and delivery of Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings as required by the Massachusetts Highway Department. The Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings will be delivered to the Massachusetts Highway Department Depots in Bridgewater, Deerfield and Reading, Massachusetts. Delivery to be on time, F.O.B. Destination prepaid.

Bidders must meet the minimum specifications for the Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings, meet other specified requirements of the RFR and submit all required attachments no later than the time and date as specified in the Section 11.0 entitled “Instructions for Submission of Responses”.

All requests, inquiries and bids must be submitted in English and pricing in U.S. Dollars.

SECTION 3

ACQUISITION METHOD

Acquisition Method

1. Acquisition Method will be an Outright Purchase.

2. Single Contractor.

3. This is a limited contract. Open for use under separate contract execution.

4. Any other Agency of the Commonwealth or municipalities may contract under this RFR but MUST execute a separate contract that meets their own legal and business requirements.

5. Deliveries will be pre-paid and delivered to the Ordering Agency.

6. All items purchased from the contractor(s) will be successfully delivered to the appropriate location FOB. The term FOB shall mean delivered and unloaded in-house or on-site, at contractor risk, with all charges for transportation and unloading prepaid by the contractor. The Massachusetts Highway Department will not process payment for any freight delivery or other handling charges.

SECTION 4

CONTRACT AWARD

Single Award

MassHighway intends to make a single award, based on the evaluation criteria in this RFR. The Contractors will be considered the sole supplier and will be responsible for supplying all materials ordered.

Non-Compliance of Contractor to Furnish and Deliver

MassHighway reserves the right to supplement the of delivery of heat-fused retroreflective preformed thermoplastic pavement markings by soliciting another Contractor associated with this RFR in the event that the Awarded Contractor is unable to maintain adequate delivery schedules, in the event of non-delivery, or the materials being delivered do not meet required specifications. When an Awarded Contractor does not comply with the delivery of heat-fused retroreflective preformed thermoplastic pavement markings the Awarded Contractor shall be responsible for any additional cost incurred and expense suffered by the Commonwealth as a result of its action. An Awarded Contractor may be prohibited from further performance under this contract or future Commonwealth contracts for either case stated above.

Award and Rejection of Bids

MassHighway reserves the right to award by item, group of items or total bid. MassHighway further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of the Commonwealth.

Evaluation Criteria

MassHighway intends to make a single award for Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings to the Bidder who is considered responsive based on the evaluation criteria in this RFR.

Any award(s) resulting from this RFR will be based on compliance with Technical and Business specifications put forth in this RFR document. Pricing will represent a certain percentage in the total evaluation of the responses to this RFR. The overall Evaluation Criteria is sealed and will not become public knowledge until after the contract has been awarded.

A mandatory specification is one that must be met in order for a response to be considered responsive. Any response, which fails to meet a mandatory specification of this RFR, may be considered non-responsive and disqualified unless the MassHighway, in its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, MassHighway may allow the bidder to make minor corrections to their technical and business response. No corrections to bid pricing offered will be allowed if prejudicial to the procurement process or to the other bidders.

In the event of a TIE BID, MassHighway has at its discretion, the ability to make an award based on established criteria or based on the opinion of MassHighway as to who they think can best satisfy the terms on the contract. MassHighway will make an award for the most economical, reasonable source of acceptable supply and delivery.

Bid evaluations will be made according to the following criteria, to include but not limited to, the listing below. Criteria are not listed in order of importance.

Availability of product(s)

Affirmative Market Program Plan

Completion/Presentation/Responsiveness of Bidder’s Response

Pricing

SECTION 5

ELIGIBLE USERS OF CONTRACT

MassHighway may use any contracts resulting from this RFR and any other Agency of the Commonwealth, municipalities, or Authorities may contract under this RFR but MUST execute a separate contract that meets their own legal and business requirements.

SECTION 6

CONTRACT TERM / OPTIONS TO RENEW

Anticipated Duration of Contract

The Total Anticipated Duration of any contract resulting from this Request for Response (RFR) will be up to three (3) years. The Initial Contract Duration shall be a 1-year from the Contract Effective Start Date plus two (2) options to renew of up to 1 year each at the same terms and conditions. Awarded prices shall be firm for the entire Initial Contract Duration.

If MassHighway opts to pursue a contract extension, it will contact the Contractor, in writing, approximately forty-five (45) days prior to expiration of the initial contract period or after the extended optional period.

Contract Renewal Prices

The contract prices for any renewal periods or term shall be negotiated and mutually agreed upon by MassHighway and Contractor. MassHighway will entertain proposals for line-item-by-line-item price increases consistent with and relating to price changes originating with the manufacturer and/or transportation rates. Proposals for such an increase must be fully and properly documented and, if approved, shall be firm for the contract extension period. The increases may not exceed the published PPI index at the time of the request. Proposals must be received 45 calendar days prior to the contract anniversary or extension date. The Contractor must submit a formal request for an increase to:

John Gendall

MassHighway Statewide Highway Operations

10 Park Plaza - Room 7210

Boston, Mass. 02116-3973

John.Gendall@MHD.state.ma.us Proposals must include, but are not limited to:

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

2. Copies of business publications, market quotations, or the trade journals generally recognized as representative of the trade or industry that indicate market trends for the Contract Commodities.

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

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

MassHighway reserves the right to negotiate services and supplies at any time during the contract period for the best interests of the Commonwealth. MassHighway reserves the right to request additional information. MassHighway reserves the right to reject any requested price increases, which they deem excessive. MassHighway also reserves the right to negotiate decrease in pricing.

SECTION 7

TOTAL ANTICIPATED EXPENDITURES

It is estimated that this contract will have total expenditures for the contract duration of approximately $120,000.00. MassHighway makes no guarantee of any spending as a result of receiving an award for responding to this RFR.

SECTION 8

PERFORMANCE & CONTRACT

SPECIFICATIONS

Goals and Purpose

This RFR is for a contract to supply Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings to MassHighway.

MassHighway will function as the lead entity under this contract.

It is the general intent of this contract that MassHighway shall handle and resolve, as they deem best, any matters that directly affect the Commonwealth, as well as any matters that affect the contract as a whole. This shall include and not be limited to modification or termination of the contract with a contractor, or a contract breach by a contractor that affects any or all-Eligible Entities. The lead jurisdictions also shall carry out the specific functions and duties described in this contract. In general, the Eligible Entities shall handle and resolve matters affecting their particular business with the Awarded Contractor.

With respect to types of matters not specifically addressed by other terms of this contract, MassHighway may, at its sole discretion, handle and resolve any dispute or problem concerning the contractor’s performance if it affects any or all Eligible Entities.

Performance of Work

Pursuant to 801 CMR 21.00, The Commonwealth of Massachusetts is issuing this Request for Response (“RFR”) for the purchase and delivery of Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings as required by MassHighway, including, but not limited to, the Materials listed in Attachment A “Bidder Bid Sheet” of this RFR. From time to time MassHighway may require Contractors to supply to the Commonwealth a sample of the material/s for testing in order to ensure conformance to the Standard Specifications.

Price lists stated within a contract and any available price discounts must be firm for the initial duration of the contract or negotiated renewals. Any new products that become available during the life of a contract will be included at the same awarded discounts. In addition, MassHighway has the right to reject items delivered late. Product delivery is to be made via Contractor's vehicles, common carrier or standard parcel carrier (similar to UPS) at no cost to the Commonwealth. Product delivery and liability remains with the Contractor until the products are properly delivered and signed for by MassHighway.

The Contractor shall provide an Account Manager and Regional Representative. The Contract Manager, who shall be responsible for oversight and management of contract performance, shall act as the contact person for receipt of notice and other communications between the MassHighway and the supplier. The Account Manager must respond within 24 hours to the MassHighway. If a site visit is required the Regional Representative must be present on site within 48- 72 hours.

Account Manager:

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

· Proper operation and administration of the Contract by the Contractor

· Responding in a timely manner and in writing unless instructed otherwise, to all information requests from the Contract Manager.

· Reports required in this RFR and to serve as liaison between the Contractor and MassHighway and Eligible Entities.

The Contract Manager may require the Contractor to relieve the Account Manager if in his/her opinion it appears that:

· The Account Manager does not support the contract requirements

· The Account Manager does not deliver work which conforms to the requirements stated in this contract

· Issues occur with the Account Manager that hinder effective functioning of the Contract

Preparation and Execution of Bids

The Bidder is responsible for performing any investigation or research regarding all conditions affecting the work to be done and labor and material needed, and make his Bid in sole reliance thereon.

Each Bidder shall submit with their bid evidence that it has the necessary equipment, storage facilities, experience, ability and capital to furnish the required materials in the manner prescribed and to perform the required work satisfactorily.

Prior to award of contract, the Massachusetts Highway Department shall have the right to sample and analyze the Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings that are being proposed for delivery.

Bidder's Liability

A. The Bidder hereby agrees in its bid to indemnify MassHighway for the payment of any other claims or demands of whatever nature, which may arise, during the performance of work under any order issued pursuant to a contract awarded under this Request for Response.

B. The Bidder hereby agrees to release MassHighway from all liability in connection with the payment of damages, claims, freight charges, demurrage, cost of material and other claims or demands of whatever nature which may arise, during the Contractor's performance of work under any order issued pursuant to a contract awarded under this Request for Response.

C. The Bidder agrees that title, ownership and the incidents thereto of all materials to be purchased under any contract resulting from this Request for Response shall not vest in MassHighway until such materials are delivered and accepted.

Initial Orders and Delivery Requirements

The Contractors must start deliveries of these orders within ten (10) business days after receipt of shipping instructions and must complete delivery within twenty (20) business days unless prior arrangements have been negotiated with the purchaser.

See Section 10 “Performance & Technical Specifications” for details of the initial order.

Deliveries to locations will only be accepted Monday through Friday, excluding State and local Holidays, between the hours of 7:30 A.M. and 3:00 P.M. unless prior arrangements have been made with the purchaser.

The purchaser must be notified at least forty-eight hours in advance of all deliveries so that he can schedule receiving operations, or delivery may be rejected.

UNDER NO CIRCUMSTANCES SHALL DELIVERED QUANTITIES EXCEED THE TOTAL QUANTITIES SHOWN ON THE DEPARTMENT/ELIGIBLE ENTITIES PURCHASE ORDER. The Contractor shall bear the full responsibility for any overage shipped above the amount shown on the Payment Voucher and shall not receive payment for it.

The Contractor shall be responsible for the delivery and off loading of material and for all shipping charges that may be incurred. The contractor shall promptly replace deliveries that do not conform to the specifications or are not in good condition upon receipt.

Payment

Invoices submitted should for the entire delivered quantity of a Payment Voucher less the Contractor occasion only the reasonable differential by the Contractor’s shipping facilities. No partial invoices against a total purchase order will be processed.

Invoices must be presented for payment within 10 business days after final delivery of the quantity shown on the Payment Voucher and acceptance thereof by the purchaser.

SECTION 9

BUSINESS SPECIFICATIONS

Introduction /Business Specifications

All specifications in this section apply to all services performed under any Contract resulting from this RFR. The proposals, as submitted, must meet or exceed all of the specifications contained within this RFR. The specifications will identify minimum levels of acceptance, which Bidders are asked to meet.

Years in Service

The Bidder's must have been in the business of furnishing Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings including service, to a large commercial or governmental account of the size and scope of this RFR, for a minimum of at least twelve months preceding the RFR Response due date.

Bidder Client References

The Bidder must provide three (3) commercial or governmental client references, including name, address, contact person, telephone number, months and years of service, and a description of the goods and services that the Bidder provided to the client.

References must be for clients or customers to whom goods and services were provided within three (3) years prior to the RFR Response due date. A Bidder‘s prior business relationship with the Commonwealth will also be considered in this section, whether offered as a reference or not. Poor prior performance may result in no points being awarded in this section.

It is required that client references demonstrate the Bidder’s ability to furnish the commodity and services of similar size, nature and complexity as that described in this RFR. If a Bidder receives an unfavorable reference recommendation it may result in a Bidder being disqualified from this RFR.

References will be called between the hours of 9:00 A.M. and 5:00 P.M. EST, Monday through Friday. References not available during this time frame may be rejected by the PMT.

Environmental Plan

Beginning the first year of the contract and throughout the life of the contract, awarded Contractors must agree to work with MassHighway to examine the feasibility of implementing an environmental plan. Such a plan may include, but not be limited to, the following:

· Develop a plan to implement collection and recycling of materials.

· Encourage environmental initiatives at a corporate/manufacturing level, such as clearly identifying recycled content of packaging on the packaging, product life cycle assessments, the elimination of ozone depleting chemical usage in the manufacturing process, and internal environmental auditing related to pollution control, for the purpose of identifying ways to reduce the impact of manufacturing on the environment

· Work with MassHighway to develop and distribute information and/or materials to Commonwealth customers on the Contractor’s environmental practices and initiatives throughout the term of the contract

· MassHighway may award points to Bidders who provide evidence that measures and initiatives such as these are already in place within their operations, and/or for written proposals submitted with their Response detailing a commitment to action contingent upon receipt of a contract award.

Prompt Pay Discount

All bidders responding to this procurement must agree to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both Contractors and the Commonwealth. Contractor’s benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Contractors who also participate in the Electronic Funds Transfer initiative will maximize their benefit by ensuring that funds are paid directly to their 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 can be tracked and verified through the Comptroller’s Vendor Web system. The PPD offering form can be found on Comm-PASS under Forms and Information.

Bidders must submit agreeable terms for Prompt Payment Discount offerings using the PPD offering form within their proposal, unless otherwise specified by MassHighway. MassHighway 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 PMT 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 offering form. MassHighway will consider such requests on a case-by-case basis.

SECTION 10

PERFORMANCE & TECHNICAL SPECIFICATIONS

MassHighway is endeavoring to deliver the Best Value Contract to facilitate the needs of its customers. However, it is important to measure the Contractor’s performance to ensure the Contract is in compliance with what has been requested and what the Contractor has offered in this RFR. MassHighway recognizes it is important to establish a partnership with the Contractor, but MassHighway must put in place performance requirements to safeguard and ensure Contract performance. The following specific performance areas will be subject to measurement. Failure to sustain these levels may result in the Contractor being removed from this Contract or another non-Contractor being added to this Contract to ensure Contract compliance, whichever is in the best interests of MassHighway. Performance measurements will be reviewed and evaluated at each contract review period.

Customer Satisfaction

It is required that the Contractor maintains customer satisfaction in the following areas:

· Delivery of product will be as specified in this RFR

· Product Support (including but not limited to providing price lists and brochures and technical information) will be maintained as specified in this RFR

Acceptance of RFR Provisions

The Bidder must accept the provisions of this RFR in its entirety without modification. Anything less than unconditional acceptance may disqualify the Bidder’s Response to this RFR and is considered non-responsive, unless the alternatives proposed are deemed acceptable by MassHighway.

Specifications/Compliance Document For Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings

Pursuant to 801 CMR 21.00, the Massachusetts Highway Department is hereby issuing a Request for Response (“RFR”) for the purchase and delivery of Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings as required by the MassHighway. All material must conform to the specifications set forth in MassHighway’s Standard Specifications. From time to time the Commonwealth may require Vendor to supply the Commonwealth a sample of the materials for testing in order to ensure conformance to the Standard Specifications.

Bidder must provide three (3) references. Reference must be a current customer for similar products. References must be supplied on attached Business Reference Form. Bidder may not use Massachusetts State Employees as a reference.

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

Bidders must state their warranty policy on the response sheet. All material shall be new, unused, and of recent manufacture and may be tested and inspected at any time by the

Department.

1. INTENT:

The following specification is for a preformed, pliant, thermoplastic pavement marking material which is durably and stably adhered to asphalt concrete pavements and portland cement concrete pavements by means of heat fusion. The markings shall be designed for transverse, longitudinal, legend and symbol markings subjected to high urban traffic volumes and particularly severe wear and shear action. The applied markings shall not deteriorate due to exposure to sunlight, water, oil, gasoline, pavement oil content, salt and adverse weather conditions. The contractor shall provide training and all equipment necessary for the proper installation of these preformed pavement markings.

Delivery shall commence within 5 days after award of contract. The initial and future deliveries shall be made to the appointed location between the hours of 8:00 a.m. and 4:00 p.m. Monday thru Friday. No deliveries shall be made on a holiday. At least 48 hours advance notice shall be given by the supplier prior to delivery.

Location for delivery is as follows:

Massachusetts Highway Department

Central Stock Room

9 Grove Street

Franklin, MA. 02038 c/o Ken Urato (508) 541-4128

Locations for training are as follows:

Reading Paint Crew Bridgewater Paint Crew Deerfield Paint Crew

MassHighway

47 Causeway Road 25 Fruit Street Depot @ Route 116

Reading, MA 01867 Bridgewater, MA 02324 S. Deerfield, MA 01342

2. QUANTITY:

The Department’s initial order will be:

and 6 sets of application equipment to the following specifications:

Non-contact handheld infrared thermometer, heat gun with 30’ hose, LPG Tank Cart w/operating bracket, hose storage, and broom holder, and a 40 LB. LPG Tank

3. STANDARD FEATURES:

Note:

Bid prices submitted by bidders must include all requested options.

Note:

If Bidder is offering an “equal alternative” to any specification then the Bidder must submit documentation with his/her response that the “equal alternative” offer meets the specification requirements.

AS ALTERNATIVE

SPECIFIED OFFERED

4. 1. MATERIAL:

Markings shall be a preformed pliant thermoplastic pavement marking material which is durably and stably adhered to asphalt concrete pavements and portland cement concrete pavements by means of heat fusion. The preformed markings shall allow contours, breaks and faults through the action of traffic at normal pavement temperatures. The markings shall have resealing characteristics and be capable of fusing to itself and previously applied, worn hydrocarbon and alkyd thermoplastic.

5. 2. COLOR:

6. Material shall be available in white or yellow. White shall contain sufficient titanium dioxide pigment to ensure a color similar to Federal Highway White Color No. 17886 as per Federal Standard 595. Yellow shall contain sufficient yellow pigment to ensure a color similar to Federal Highway Yellow Color No. 13655 as per Federal Standard 595. Yellow pigment must be of an organic nature only and contain no lead chromate.

AS ALTERNATIVE

SPECIFIED OFFERED

3. GLASS BEADS:

The markings shall have a minimum of 30% uniformly distributed glass beads throughout its entire cross section and a protruding layer of glass beads that provide immediate retroreflectivity without additional glass beads being dropped on the material during application.

7. 4. SKID RESISTANCE

The surface of the preformed thermoplastic pavement markings shall provide a minimum skid resistance value of 45 BPN when tested according to ASTM: E 303-74.

8. 5. THICKNESS

The width of the supplied markings shall have a minimum average thickness of 90 mils (2.286 mm).

9. 6. LEGEND, ARROW, & SYMBOL SIZE

10. All legends, arrows, and symbols shall conform to MUTCD Sections 3B.16, 3B-19, 8B.20, 9C.04, and 9C.05 and FHWA’s Standard Highway Signs book.

11. 7. PACKAGING

12. The preformed thermoplastic markings shall be flat and shall be cut to 1’ wide by 3’ long pieces. Legends and symbols must also be supplied in flat pieces. The markings shall be placed in protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. The material shall be packed in suitable cartons clearly labeled for ease of identifying contents. The preformed markings shall be useable for at least one year after date of receipt when stored in accordance with manufacturer’s recommendations

AS ALTERNATIVE

SPECIFIED OFFERED

13. 8. TRAINING

14. Training shall be provided for a period of one year for all paint crew personnel at three locations as per the following schedule:

With initial delivery of materials.

Just prior to fall/winter application season.

Locations for training will be as noted herein and is not the same as the location for delivery.

15. 9. APPLICATION EQUIPMENT

Each set of application equipment shall consist of the following:

Non-contact handheld infrared thermometer.

Heat gun with 30’ hose.

LPG Tank Cart w/operating bracket, hose storage, and broom holder.

40 LB. LPG Tank

SECTION 11 – INSTRUCTIONS FOR SUBMISSION OF RESPONSES

Interested bidders must submit one (1) original and two (2) copies of their proposal which consists of all supporting material and at least: the completed bid sheet(s), the signed documents, and the “Standard Features” table declaring compliance or departure from specs. The submission shall be sent to:

Massachusetts Highway Department

Cashier’s Office, Room 6261

State Transportation Building

10 Park Plaza

Boston, Mass. 02116-3973

(617) 973-7695

It is the responsibility of each bidder to ensure that his or her proposal arrives on time. MassHighway accepts no responsibility for proposals that arrive late.

The proposals Bid proposals must be received by 2:00 PM on July 24, 2007.

Each proposal must be enclosed in a sealed envelope clearly endorsed with

1. the name and address of the bidder,

2. the Bid proposal number (MHDMNT-08A),

3. the proposal title (“Furnishing And Delivery Of Heat-Fused Retroreflective Preformed Thermoplastic Pavement Markings”), and

4. the bid opening date (July 24, 2007).

ATTACHMENT A

Massachusetts Highway Department Bid Sheet FURNISHING AND DELIVERY OF HEAT-FUSED RETROREFLECTIVE PREFORMED THERMOPLASTIC PAVEMENT MARKINGS

MHDM…