TreadleFrame_CurbBoxes_V2.docx

COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETIS DEPARTMENT OF TRANSPORTATION (MassDOT) HIGHWAY DIVISION

668 SOUTH AVENUE

WESTON, MA.02493

RFR#MDOTBOSTON-TFCB

Commbuys Bid# BD-16-1030-0H100-0H019-00000004566 Treadle Frames & Curb Boxes

Contact Person:

Tom Stein Federal Procurement Officer Massachusetts Department of Transportation 10 Park Plaza, Room 5510 Boston, MA 02116 Phone: (857) 368-9141 Tom.stein@state.ma.us

Please Note: This is a single document associated with a complete Solicitation that can be found on CommBuys. All Bidders are responsible for reviewing and adhering to all information, forms and requirements found in all tabs and related forum records for the entire Solicitation. To locate the Solicitation associated with this document, go to http://www.commbuys.com/bso , select the “Search for solicitations” link, enter the above Document Number in the “Document Number” field, and select the “Search” button. Bidders who need help regarding CommBuys navigation may refer to the CommBuys Resource Center at http://www.commbuys.com/bso for documents and guides. Bidders may also contact the CommBuys Helpdesk at http://www.commbuys.com/bso or the CommBuys Helpline at 1-888-MA-STATE. The Helpline is staffed from 7:30 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

Treadle & Frame Boxes

PROCUREMENT CALENDAR

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

EVENT

Bidders are required to utilize the Commonwealth’s E-Procurement System (CommBuys) for this RFR as well as future RFR's.

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

There will be No Pre-Proposal Conference for this bid specification.

THERE WILL BE NO PRE-PROPOSAL CONFERENCE FOR THIS BID DEADLINE FOR BIDDERS QUESTIONS

All written questions must be submitted by: Wednesday July 8, 2015 By 3:00 PM EST

No questions will be taken over the phone. All questions received after the deadline time and date will go unanswered.

Treadle Frames & Curb Boxes

TABLE OF CONTENTS

FORMS

BIDDER’S RESPONSE FORM

CONTRACTOR AUTHORIZED SIGNATURE VERIFICATION FORM

MASSDOT TERMS AND CONDITIONS

BUSINESS REFERENCE FORM

SUPPLIER DIVERSITY PROGRAM (SDP) FORM 1

SDP PLAN FORM 2

SDP PLAN FORM 3

PROMPT PAY DISCOUNT

BIDDERS FEEDBACK FORM

CHECKLIST SUBMISSION SHEET

ELECTRONIC FUNDS TRANSFER (EFT)

STANDARD CONTRACT FORM

W-9

SECTION 1.00 - GENERAL RFR INFORMATION

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.

Supplier Diversity Program (SDP): Massachusetts Executive Order 524 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 Supplier Diversity 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. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All Bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage Bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

Supplier Diversity Program (SDP) Resources:

1. Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp

1. Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Operational Services Division’s SDO webpage at: www.mass.gov/sdo

1. The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

Supplier Diversity Program Subcontracting Policies: In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

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 MassDOT 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.

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 all 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:

1. Any amendments, addenda or modifications to this Bid, and

1. 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.

Commbuys Registration: Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller subscription 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; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, 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).

The COMMBUYS system introduces new terminology, which Bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

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.

• 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: Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

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.

Prompt Payment Discounts (PPD): All Bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome. 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 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 can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can 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 SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

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 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 PMT reserves 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 cast standards as contractor.

Volume purchase discounts (VPD): A bidder may receive additional evaluation points if the bidder offers a volume purchase discount percentage (%) off based upon the total dollar size or a total quantity size far an order with one delivery location.

Estimated Provisions: The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels

Brand Name or Equal: Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

Emergency Standby Commodities and/or Services: Due to a declaration of a state of emergency where the safety and well-being of Commonwealth citizens are at risk, the Commonwealth of Massachusetts may request specific commodities and/or services from its contractors. Contractors may be called upon to supply and/or deliver to the Commonwealth on a priority basis such commodities and/or services currently under contract.

Such accommodations may be requested from a contractor during an actual emergency. To accommodate such requests, contractors may be requested and must make every effort to service these requests from regular sources of supply at the rates set forth in any standard contract resulting from this RFR.

All requests, inquiries and bids must be submitted in English, with weights in tons and pounds and pricing in U.S. dollars.

SECTION 2.00 -PROCUREMENT PURPOSE and SCOPE

2.10 Procurement Scope

This Request for Response (RFR) sets out the Specifications for a contract to provide MassDOT with Treadle Frames & Curb Boxes, in accordance with the specifications contained herein as required by Massachusetts Department of Transportation. This solicitation is issued pursuant to Commonwealth of Massachusetts's regulations 801 CMR 21.00.

It shall be the intent of these specifications to cover the furnishing and delivery of completed FAST LANE Treadle Frame,15 inch curb boxes and 19 inch curb boxes. These detailed specifications shall cover the requirements as to the type of construction and test to which the Treadle Frame and curb boxes shall conform, together with certain details as to finish, equipment and appliances with which the successful bidder shall conform. Minor details of construction and materials, which are not otherwise specified, shall be left to the discretion of the contractor. Loose equipment shall be provided only as stated in the following pages.

Bids shall only be considered from companies that have an established reputation in the field of Welding Fabrication Construction and have been in business for a minimum of 5 years. Further, bidder shall maintain dedicated fabrication facilities for the repair and service of such products. Evidence of such a facility shall be included in bidder proposal.

Each bidder shall furnish satisfactory evidence of their ability to construct the specified and shall state the location of the factory where the Treadle Frames and curb boxes are to be built. The bidder shall also show that the company is in position to render prompt service and to furnish replacement parts.

Each bid shall be accompanied by a detailed set of "Contractor's Specifications" consisting of a detailed description of the Treadle Frame. and curb boxes and equipment proposed, and to which the Frame and curb boxes furnished under contract shall conform. These specifications shall indicate size of frame and curb boxes, type of material, of all component parts and equipment.

SECTION 3.00 --ACQUISITION METHOD

1. Acquisition Method will be an Outright Purchase.

2. Multiple Contractors may be selected. ·

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. This contract will have no minimum order requirement.

7. 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 MassDOT will not process payment for any freight delivery or other handling charges.

SECTION 4.00 -CONTRACT AWARD

4.10 Multiple Awards

MassDOT intends to make multiple awards for a contract to provide MassDOT with Treadle Frames & Curb Boxes as required by MassDOT based on the evaluation criteria in this RFR. The Awarded Contractors will be considered the sole suppliers and will be responsible for servicing all orders. If additional funds become available during the contract duration period, MassDOT reserves the right to execute contracts with contractors not selected in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need. AJI awards shall be at the discretion of the MassDOT based upon the best interest of MassDOT.

4.20 Non-Compliance of Contractor

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

4.30 Award and Rejection of Bids

MassDOT reserves the right to award by product, group of products or total bid. MassDOT further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of the Commonwealth. MassDOT reserves the right to reject awarding a contract due to unacceptable past performance by a contractor. The Contract Manager and MassDOT shall have the final authority in selecting the product categories to be awarded.

4.40 Evaluation Criteria

MassDOT intends to make multiple awards for a contract to provide MassDOT with Treadle Frames & Curb Boxes as required by MassDOT to Bidders who are 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 set 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.

On any questions concerning interpretation of specifications, the acceptability and quality of products furnished and/or work performed, MassDOT shall have final and binding decision making authority.

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 MassDOT, in its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, MassDOT may allow the bidder to make minor corrections to their technical and business response. No corrections will be allowed to bid pricing offered.

In the event of a TIE BID, MassDOT has at its discretion, the ability to make an award based on established criteria or based on the opinion of MassDOT as to who they think can best satisfy the terms on the contract. MassDOT will make an award for the most economical, reasonable source of acceptable service, supply and delivery. The specifics will be contained in the Sealed Evaluation Criteria. MassDOT reserves the right to execute contracts with contractors not selected in the initial selection process. (See Section 4.10)

Mandatory:

· MassDOT Standard Contract Form (3 originals)

· MassDOT Terms and Conditions

· W-9

· Bidders Response Form (Attachment)

· Contractor Authorized Signature Verification Form

· Authorization for Electronic Fund Payment (EFT)

· Bidders Reference Form

· Supplier Diversity Program (SDP)

· Prompt Pay Discount Form

MassDOT will assign values prior to the opening of the bids. This information is contained in the Sealed Evaluation Criteria.

4.50 Desirables

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. Contractors 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. Tile PPD offering form can be found on Commbuys 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 the MassDOT. MassDOT 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 MassDOT 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. MassDOT will consider such requests on a case by case basis.

SECTION 5.00 -ELIGIBLE USERS OF CONTRACT

Any contracts resulting from this RFR may be used by all departments of the Commonwealth, including all constitutional offices, the legislature, and the judiciary; cities, towns, municipalities, counties, and other political subdivisions of the Commonwealth, including schools, and other service-districts; authorities, commissions, institutions of higher education, and quasi-public agencies, and Not for Profit contractors currently contracting with the Commonwealth to provide human and social services; and other eligible entities designated in writing by the State Purchasing Agent but MUST execute a separate contract that meets their own legal and business requirements.

SECTION 6.00-CONTRACT TERM WITH OPTIONS TO RENEW

6.10 Anticipated Duration of Contract

The Total Anticipated Duration of any contract resulting from this Request for Response (RFR) will be up to four (4) years. The Initial Contract Duration shall be one (1) year from the Contract Effective Start Date plus three (3) options to renew of up to one (1) year each at the same terms and conditions. Awarded prices shall be firm for the entire Initial Contract Duration.

MassDOT also reserves the right to add contractors if it determines that certain District(s) are not being well serviced or certain services are not being provided adequately.

6.20 Contract Renewal Prices

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

Tim Duggan MassDOT Highway Division Weston Warehouse 668 South Avenue Weston,MA 02493

Proposals for price adjustments 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 MassDOT rejects the price change, the Contractor may continue to perform under the extension option.

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

6.30 Cancellation of Contract

MassDOT reserves the right to terminate contracts upon a thirty day written notice or terminate contracts IMMEDIATELY if the contractor does not conform to the terms and conditions of the contract or breaches any material element of the contract. Additional costs to MassDOT due to procurement and/or purchase from alternate sources shall be the liability of the Awarded Contractor.

6.40 Source of Supply and Quality.

MassDOT reserves the right to require approval of the source of supply for any product to be incorporated into the work prior to delivery or manufacture.

Chapter 7, Section 22, Clause 17, of the Massachusetts General Laws, as amended, shall apply to the purchase by the Contractor of supplies and products to be used in the execution of this Contract. The rules referred to require a preference in the purchase of products, other considerations being equal, in favor first, of supplies and products manufactured and sold within the Commonwealth, and second, of supplies and products manufactured and sold within the United States.

If at any time, a bidder has not made satisfactory progress, he shall increase his efforts to such an extent as may be deemed necessary by the Engineer. If at any time, the Engineer shall be of the opinion and shall so certify in writing to a contractor that the work or any part thereof is unnecessarily or unreasonably delayed (delivery required within ten (10) days from receipt of order), or has violated any of the provisions of these Specifications, the Department may notify the contractor and the Department may cancel outstanding orders. In such a case, MassDOT shall not be liable for any expense suffered by the contractor as a result of its action and the contractor shall be prohibited from further performance under the terms of his bid as it may specify.

SECTION 7.00 - TOTAL ANTICIPATED EXPENDITURES

It is estimated that this contract will have total expenditures for the initial contract duration of approximately $200,000.00. MassDOT makes no guarantee of any spending as a result of receiving an award for responding to this RFR.

SECTION 8.00- PERFORMANCE AND CONTRACT SPECIFICATIONS

8.10 Goals and Purpose

This RFRs for a contract(s) to supply epoxy Treadle Frames & Curb Boxes not supplied on the statewide contract to MassDOT. This will be a four year contract or until the Commonwealth of Massachusetts and OSD puts out a contract for this material.

It is the general intent of this contract that MassDOT shall handle and resolve as they deem best any matters that directly affect the Commonwealth, as well as any matters t at affect the contract as a whole with respect to any Area or Location. 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.

With respect to types of matters not specifically addressed by other terms of this contract, MassDOT may, at its sole discretion, handle and resolve any dispute or problem concerning the contractor's performance.

8.20 Performance of Work

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

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

The Contractor shall provide an Account Manager and Regional Representative. The Contract Manager shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between the Commonwealth and the supplier. The Account Manager must respond within 24 hours to the Commonwealth. 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 name 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.

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

MassDOT and 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 hinders effective functioning of the Contract.

At the point that a purchaser cancels those outstanding orders, it may secure needed supply from an alternate source. In such a case, the defaulted Contractor shall be responsible for any additional cost incurred and expense suffered by the purchaser as a result of its action. Such Contractor may be prohibited from further performance under its contract. MassDOT may consider such default in determining awards in future procurements.

8.30 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 its bid evidence that it has the necessary equipment, storage facilities, experience, ability and capital to furnish the required products in the manner prescribed and to perform the required work satisfactorily.

8.40 Bidder's Liability

A. The Bidder hereby agrees in its bid to indemnify the Commonwealth 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 the Commonwealth 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 products to be purchased under any contract resulting from this Request for Response shall not vest in the Commonwealth until such material are delivered to and accepted by the Commonwealth.

8.50 Payment

Invoices submitted by the Contractor shall be for the entire delivered quantity of a Payment Voucher less only the reasonable differential occasioned 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 Commonwealth.

8.60 Contract Flexibility

8.70 Warranties, Repairs and Maintenance

All services and parts must meet standard manufacturer's warranties.

SECTION 9.00 BUSINESS SPECIFICATIONS

9.10 Years in Service

The Bidder must have been in the business of furnishing products 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.

9.20 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.

a 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 materials 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 9:00A.M. and 5:00 P.M. EST, Monday through Friday. References not available during this time frame may be rejected by MassDOT.

9.30 INSURANCE REQUIREMENTS

The Contractor shall purchase and maintain throughout the term of this Contract adequate insurance coverage, to include but not be limited to the following types and amounts of coverage:

a.) The following minimum insurance coverage is required:

i) Workers' Compensation Insurance in compliance with applicable federal and state laws, and Employers Liability Insurance with limits of at least Five Hundred Thousand Dollars ($500,000) per occurrence.

b.) All insurance maintained by the Contractor pursuant to this Contract shall be written by insurance companies licensed to do business in the Commonwealth of Massachusetts. If the Contractor determines that any such insurance needs to be placed with surplus lines carriers not licensed by the Commonwealth of Massachusetts, written permission from the Authority is required. All insurance companies to be used by the Contractor must have a Best's Rating of not less than A- and be reasonably acceptable to MassDOT.

c.) If requested by MassDOT in writing, the Contractor will furnish certified copies of the aforementioned policies to MassDOT's designated representative.

d.) All insurance maintained by the Contractor shall provide that insurance for the benefit of MassDOT shall be primary as it applies to damage or injury resulting from, or arising out of, or occurring in connection with the execution of the work performed by the Contractor, and MassDOT's own insurance shall be non-contributing.

e.) The Contractor shall provide MassDOT with certificates of insurance evidencing the above referenced insurance policies within ten (10) days of the execution of this Contract. The Contractor shall give MassDOT thirty (30) days prior written notice of cancellation, material change, or nonrenewal of the coverage.

f.) The above insurance requirements shall also apply to any subcontractors, sub consultants, agents, or any other individual retained by the Contractor to perform the services and/or obligations under this Contract.

9.40 Environmental Initiatives

Environmental Plan

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

Main Facility Operations:

• Regular inspections of pollution control equipment by qualified company personnel, utilizing gas analyzer(s) to control combustion efficiency, etc.

• Disposing of the material collected by control devices in an environmentally sound manner.

• Improvements to the physical site of the facility resulting in improved air quality, including but not limited to grading. tree planting, planting of grass/shrubs and flowerbeds, paving facility truck access routes, parking and other areas to reduce dust.

• Utilizing Best Management Practices (BMP) to control rain run-off, dust control wash down, facility equipment wash down.

• Using one or more of the following on the vehicles owned, operated and/or serviced by the facility: environmentally preferable (e.g. non-petroleum-based, reduced toxicity) truck bed release agents, re-refined motor oil, recycled antifreeze, retread tires.

Auxiliary Operations:

• Using recycled content paper for marketing materials, order slips and other literature;

• Implementing a program for the collection and recycling of paper, packaging, and/or other materials generated at the facility and offices.

To be eligible to receive points in the evaluation, Bidders must complete Part 1, Environmental Initiatives Environmental Submittal Sheet, and attach documentation to serve as proof that some of the practices listed above are already in place.

Environmentally Preferable Product Alternatives

In the interest of promoting the purchase of recycled and other environmentally preferable products, bidders are encouraged (but are not required) to offer environmentally preferable alternatives to the products specified in the RFR. Bidders offering environmentally preferable alternatives must complete Part 2, Environmentally Preferable Alternatives Environmental Submittal Sheet.