VEH103 Glass and Windshields Replacement for Vehicles Contract FINAL 3.29.doc

The Commonwealth of Massachusetts

Executive Office For Administration and finance

Operational Services Division

One Ashburton Place, 10th Floor, Room 1017, Boston, Massachusetts 02108-1552

Request for Response (RFR) Document Title: Windshield and Glass Replacement for Vehicles ASK "RFR Number/Document Number" \* MERGEFORMAT Agency Document Number: VEH103 COMMBUYS Bid#: BD-16-1080-OSD03-SRC02-00000007782 March 29, 2016

RFR Introduction and General Description

11.1 Procurement Scope and Description

11.2 Background information

11.3 Applicable Procurement Law

11.4 Number of awards

11.5 Adding Contractors after initial Statewide Contract award

11.6 Eligible Entities

21.7 Acquisition Method(s)

21.8 Contract Duration

21.9 Estimated Value of the Contract

21.9.1 Basis for estimated dollar value for this Statewide Contract (including all options to renew)

Estimated Procurement Calendar

42.1 Written questions via the Bid Q&A on COMMBUYS

42.2 Locating Bid Q&A

Specifications

53.1 Bidder Qualifications

53.1.1 Company certifications and affiliations

53.1.2 Company experience

53.1.3 Financial stability including bankruptcy, litigation and contract defaults

5Capacity plan, resources and infrastructure for this Statewide Contract

5Adverse Conditions

63.1.4 References and reference information and/or requirements

63.1.5 Employee requirements

63.2 Commodity Specifications

73.2.1 Eligible commodities

73.2.2 Brand name or equal

73.2.3 Performance specifications, durability, disclosures and recalls

73.2.4 Approvals and standards

73.2.5 Warranties and guarantees

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

73.2.7 Operating manuals

73.3 Service Specifications

83.3.1 Other State Contract Management

83.3.2 Service Locations

83.3.2.1 Other State Contract Management

83.3.3 Service Requirements

83.3.3.1 Installation

93.3.4 Loaner Equipment

93.3.5 Vehicle Information Management System Interface Requirements

93.4 Purchase Order and Billing Requirements

93.4.1 Purchase Order:

103.4.2 Billing:

103.5 Emergency response plans/preparedness

113.5.1 Requirements at Statewide Contract or engagement termination

113.6 Environmental Specifications

113.6.1 Executive Order 515, Establishing an Environmental Purchasing Policy

113.6.2 Environmental plan

123.7 Discounts

12Prompt Payment Discounts (PPD)

123.7.1 Best and Final Offers (BAFO)

123.8 Prevailing Wage and Labor Rates

133.9 Supplier Diversity Program (SDP) Plan

143.9.1 Supplier Diversity Program Subcontracting Policies

143.10 Requirements for Doing Business after a Contract Has Been Awarded

143.10.1 Statewide Contract Administration Fee and Report

15Quarterly Fee Payment:

15Quarterly Reporting:

16Audit:

16Other Terms:

163.10.2 Continued qualification based on performance

163.10.2.1 Key Performance Indicators

173.10.3 Insurance

173.10.4 Security and confidentiality

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

173.10.5.1 Catalogs

173.10.5.2 Change notification

183.10.6 Failure to perform contractual obligations

19Evaluation criteria

194.1 Mandatory requirements

194.2 Desirable specifications

194.3 Alternatives

194.4 Qualitative Evaluation Components

194.4.1 Quantitative Evaluation Components

HOW TO SUBMIT A QUOTE / RESPOND TO THIS BID

205.1 Quote Submission Method

205.2 COMMBUYS Quote Submission Training and Instructions

205.3 COMMBUYS Support

205.4 Bid Opening Date/Time

215.5 Quote Contents

215.5.1 RFR Submission Checklist

215.5.2 Additional Quote Terms

21Prohibition regarding contract terms

21Bidder Response Form

215.6 Quote Materials

215.6.1 Electronic Signatures

215.6.2 Ink Signatures

225.7 Limits and Restrictions

225.7.1 File Naming Conventions

225.7.2 File Size Limits

225.7.3 File Format Restrictions

235.7.4 Documents and items that cannot be submitted electronically

235.8 Withdrawing a Quote

235.8.1 Prior to Bid Opening Date/Time

235.8.2 After Bid Opening Date/Time

24APPENDIX 1 – Required Terms for all Statewide RFRs

241.1 General Procurement Information

241.1.1 Alterations

241.1.2 Bidder’s Contact Information

241.1.3 COMMBUYS Market Center

241.1.4 COMMBUYS Subscription

251.1.5 Multiple Quotes

251.1.6 Quote Content

251.1.7 Costs

251.1.8 Electronic Funds Transfer (EFT)

251.1.9 Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies

251.1.10 Minimum Quote Duration

261.1.11 Ownership of Submitted Quotes

261.1.12 Prohibitions

261.1.13 Public Records Law

261.1.14 Reasonable Accommodation

261.2 Evaluation – Best Value Selection and Negotiation

271.3 Terms and Requirements Pertaining to Awarded Statewide Contracts

271.3.1 Commonwealth Tax Exemption

271.3.2 Contractor’s Contact Information

271.3.3 Contractual Status of Orders and Service Contracts

271.3.4 Emergency Standby Commodities and/or Services

271.3.5 HIPAA: Business Associate Contractual Obligations

281.3.6 Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply

281.3.7 Pricing

281.3.8 Publicity

281.3.9 SaveSmart Program ($ave$mart)

281.3.10 Statewide Contractor Marketing Requirements

291.3.11 Subcontracting Policies

291.3.12 Transaction Fee

APPENDIX 2 Instructions for Execution and Submission of Commonwealth Standard Forms

302.1 Commonwealth Standard Contract Form

302.2 Commonwealth Terms and Conditions

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

312.4 Contractor Authorized Signatory Listing

322.5 Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners

322.6 Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment

322.7 Additional Environmentally Preferable Products / Practices

322.8 Prompt Payment Discount Form

APPENDIX 3 Instructions for Vendors Responding to Bids Electronically through COMMBUYS

GLOSSARY

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts and the VEH103 Strategic Sourcing Services Team (SSST) are soliciting Bidders for the acquisition of windshield and glass repair and replacements for vehicles and equipment. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Statewide Contract will also be available for use by other eligible entities listed below. Preference will be given to Bidders that can service additional states.

Other State Contract Management

Massachusetts reserves the right to add states to this contract and to give contractors the option to serve those states. Contractors may be required to comply with other participating states’ contract management requirements.

1.2 Background information

The Operational Services Division (OSD) is issuing this RFR to establish a Statewide Contract for Windshield and Glass Replacement for Vehicles. The SSST is seeking bidders that will offer a discount percentage (%) off of the published National Auto Glass Specifications Part & Price (NAGS) Listing. All discounts offered must be applicable to eligible entities identified in section 1.6 below, as appropriate to the contract award. The SSST will consider any value-added services proposed by the bidder within their bid responses, such as window tinting.

The Strategic Sourcing Services Team (SSST) reserves the right to add or remove items as needed at any time during the term of this contract.

The current Statewide Contract, OVM08 will expire June 30th, 2016; and the replacement contract resulting from this RFR will start July 1st, 2016. VEH103 Contractors must be ready to service the Commonwealth and eligible entities on July 1st, 2016.

1.3 Applicable Procurement Law

This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.4 Number of awards

The Commonwealth is seeking to award multiple vendors. The Commonwealth will award as many or a single vendor if it is in the best interest of the Commonwealth. The Commonwealth reserves the right to reject any or all bids, to waive technicalities, and to make awards that are in the best interest of the Commonwealth.

1.5 Adding Contractors after initial Statewide Contract award

If, over the life of the Contract, the SSST determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary, the Bid may be reopened to obtain additional Quotes.

1.6 Eligible Entities

Any Contract resulting from this Bid will be open for use by the following types of entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories with no prior approval by the State Purchasing Agent; and

10. Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

1.7 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are outright purchase.

1.8 Contract Duration

The initial term of this Contract is 3 year(s). In addition, this Contract has 2 options to renew of up to 3 years each with a maximum Contract term of 9 years (including the initial term and all possible renewal options).

1.9 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $1.1 million total. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

1.9.1 Basis for estimated dollar value for this Statewide Contract (including all options to renew) This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY 2012 and 2016.

2 Estimated Procurement Calendar

Training for Online Submission COMMBUYS How to Locate and Respond to Bids Webinar (1.0 Hour)

Bid opportunities from the Commonwealth and participating entities are now available from COMMBUYS Market Center. As a vendor we understand how important it is to be able to find and respond to bids in a timely fashion. This training will take you through the process of locating and replying to Bids (Solicitations) in COMMBUYS. We will provide an overview of each step and follow up with hands on exercises. Included in this training will be instruction on how to:

· Receive email notifications of COMMBUYS bid requests

· Search for bids using COMMBUYS Search tools

· Read a bid opportunity

· Create a quote responding to a COMMBUYS bid request

Dates and Times Available:

Course Type: Live Webinar (Online)

Prerequisite(s): N/A

Register: April 13, 2016

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SSST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify that the questions entered into the Bid Q&A are recorded in COMMBUYS and appear on the Bid Q&A page.

Please note that any questions submitted to the SSST using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are immediately accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SSST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

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

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

2.2 Locating Bid Q&A

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

3 Specifications

3.1 Bidder Qualifications

3.1.1 Company certifications and affiliations

Bidder must offer products based off of the National Auto Glass Specification (NAGS) Parts & Price List and follow the Regulations set by the Federal Motor Vehicle Safety Standards and Regulations (FMVSS).

3.1.2 Company experience

The Bidder must have been in the business of furnishing items, including service, described in this RFR document for a minimum of at least three years continuously preceding the RFR response date. Bidders must also have experience in providing mobile services related to this contract.

3.1.3 Financial stability including bankruptcy, litigation and contract defaults

The SSST is requesting Bidders to submit the following financial summaries with the response.

Capacity plan, resources and infrastructure for this Statewide Contract

Each Bidder shall submit with their Bid evidence that it has the financial capability, necessary equipment, storage abilities, experience, and capital to perform the required work satisfactorily described in the RFR.

Adverse Conditions

Litigation, Penalties, Pending Actions, Enforcement Actions, or Bankruptcy: The Bidder shall submit a description of any and all investigations, indictments or pending litigation by any federal, state or local jurisdiction relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related company.

· A list of all criminal convictions within the last five years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all civil penalties, judgments, consent decrees and other sanctions within the last five years, as a result of any violation of any law, rule, regulation or ordinance in connection with its business activities relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all actions occurring within the last five years which have resulted in revocation or suspension of any permit or authority to do business in any jurisdiction relating to the submitting entity, any officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all actions occurring within the last five years that have resulted in the barring from public bidding relating to the Bidder, an officer, director, partner or member thereof, any affiliate or any related entity. A list of all pending actions and enforcement actions, including OSHA violations.

· A list of all bankruptcy and other similar proceedings within the past five years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

Defaults: The Bidder shall provide a description, in detail, of any situation in which the Bidder’s firm (either alone or as part of a joint venture), or a subsidiary of the Bidder’s firm, defaulted or was deemed to be in noncompliance of any contractual obligations, explaining the situation, its outcome and all other relevant facts associated with the event described. Please also provide the name, title and telephone number of the principal manager of the Contract User who asserted the event of default or noncompliance.

Other Adverse Situations: The Bidder shall provide a description of any present facts known to the Bidder that might reasonably be expected to affect adversely either its ability to perform any aspect of the agreement or the viability of any affiliated entity that might reasonably be expected to supply financial support.

3.1.4 References and reference information and/or requirements

The Bidder must provide three (3) clients, government or business, reference letters, as well as complete the “VEH103 Bidder Business Reference Form”. Reference letters must include company/client name, size of the account, contact person, telephone number, email address, duration of relationship, and a description of the goods and services that the Bidder provided to the client. Client references must demonstrate the Bidder’s ability to furnish Windshield and Glass Replacement products for vehicles as described in this RFR. References must be clients to whom goods and/or services were provided within three years prior to the RFR response due date. An unfavorable reference will be weighed with the total bid, and the SSST reserves the right to disqualify bidders based on such references.

Preference will be given to bidders with experience servicing a large commercial or governmental account of the size and scope of this RFR. Any submitted references should reflect this experience, if applicable.

References must be submitted directly from the client via mail or email to the OSD Contract Manager by Bid submission deadline, see VEH103 Required Forms and Bid Response Documents Checklist for instructions. References may be contacted by email. Client references who fail to respond within the specified time to a request will be rejected and the Bidder subject to penalty in the bid evaluation.

3.1.5 Employee requirements

Bidders must submit a list of trainings required by their employees/staff to provide the services required by this contract. During the life of the contract, Contractors must ensure that all their employees have all the proper training, education and knowledge required to handle and install the products and services offered on this contract.

3.2 Commodity Specifications

All Windshield and Glass furnished under this Contract shall be of the latest design and construction. Bidders must be able to service motor vehicles and motor vehicle equipment. Bidders must offer a full line of Windshield and Glass Replacement and repair products for vehicles.

The SSST is seeking Bidders who will offer a discount percentage (%) off of the published National Auto Glass Specifications Parts and Prices (NAGS) Listing. The SSST will weigh pricing heavily in the evaluation.

The SSST is seeking Bidders who in addition to a full line of glass products can offer the following:

· Flat glass for equipment

· Back glass removal and reinstallation services

· Glass repairs

· Mirror Glass Bidders must submit a their current price listing for windshields and glass replacement and repair costs and any other related services charges and fees per “VEH103 Bidder Price Sheet”. If awarded, submitted pricing will become the price list for contract.

Bidders must also be able to provide mobile and on site services for the contract user. It is preferred that the mobile service is offered at no cost, but not required. Contractors must clean up and disposal of broken/damaged glass upon completion of service. Recycling broken/damaged glass is desirable. See Section 3.4 Environmental Specifications for details.

Contractors shall provide a windshields and glass price list at least twice year with New Vehicle Model Year information for vehicles on statewide contracts. The SSST may request additional vehicle windshields and glass price information.

3.2.1 Eligible commodities

Original equipment manufacturer (OEM) glass must be utilized for all installations unless after-market glass is approved by the purchasing agency.

3.2.2 Brand name or equal

Unless otherwise specified in this Bid, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Bid 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.

3.2.3 Performance specifications, durability, disclosures and recalls

In the event that an awarded item is later recalled by the manufacturer, the Contractor must agree to facilitate any recourse, returns, compensation or replacement of the product offered by the manufacturer to the Commonwealth. Additionally, the Commonwealth reserves the right to replace the recalled product with a comparable product offered by the same Contractor so long as it is in the best interest to do so, the product is comparable and the price is comparable. Further, should a comparable product not be made available by the Contractor, or if the price/product is deemed to be unacceptable, the Commonwealth reserves the right to seek an alternate vendor.

3.2.4 Approvals and standards

All products offered by Bidders in this contract must meet the Federal Motor Vehicle Safety Standards and Regulations (FMVSS) set forth by the National Highway Traffic Safety Administration legislative mandate under Title 49 of the United States Code, Chapter 301, Motor Vehicle Safety. Products must meet standards set forth by FMVSS as applicable, including and not limited to Standard 212 and Standard 219. See: http://www.nhtsa.gov/cars/rules/import/FMVSS/ .

3.2.5 Warranties and guarantees

All product(s) offered in this RFR will carry, at a minimum, the standard manufacturer warranty. The Bidder must include a description of the standard warranty for their offered product(s). It is desirable that bidders list extended warranties on any products offered.

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

Bidders are responsible for including in their bid any and all availability guarantees.

Additionally, it is the responsibility of all bidders to include all limitations of availability relating to windshield glass and/or services which are known or should be known to the bidder.

3.2.7 Operating manuals

Bidders awarded any Contract resulting from this RFR must submit all advertising literature relative to this Contract. The NAGS pricing and product catalogs must be provided to the

Contract Manager at each publication. It shall be the obligation of the awarded Statewide Contract vendor to provide these catalogs in a timely manner. All vendors must provide any/all requested pricing information upon request.

3.3 Service Specifications

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 or subcontract the work or any part thereof without the prior written consent of the Commonwealth and the OSD Contract Manager. All assignments or transfers of any rights or interests in the contract by the Contractor without prior written consent shall be void.

3.3.1 Other State Contract Management

Massachusetts reserves the right to add states to this contract and to give contractors the option to serve those states. Contractors may be required to comply with other participating states’ contract management requirements.

3.3.2 Service Locations

Bidders must have at least one service location in Massachusetts and be able to services all of MA. When necessary bidder must also be able provide mobile service with in MA and up to at least 10 miles outside of MA border.

It is highly desirable to have multiple locations, or a dealer network, throughout Massachusetts. Also highly desirable is to be able to service the surrounding New England States, but not required.

Bidders must provide a list of dealers with Bid submittal, if awarded; contractors shall provide updated dealer lists as necessary. List should include name of location, address, contact name, phone number and email. The network must be sufficient to service the Commonwealth’s departments and all eligible entities.

3.3.2.1 Other State Contract Management

Massachusetts reserves the right to add states to this contract and to give contractors the option to serve those states. Contractors may be required to comply with other participating states’ contract management requirements and execute state-specific contract documents.

3.3.3 Service Requirements

Bidders should include a description of their business hours in their bid response. Service calls to locations shall be scheduled Monday through Friday, excluding State and Local holidays during business hours, unless prior arrangements have been made with the purchasing entity. Contractors must be able to make service calls during the core hours from 8:30 a.m. to 5:00 p.m. It is highly desirable that the Contractor is able to provide service calls for extended hours, beginning at 7:00 a.m. to 7:30 p.m. Services outside of these time frames are preferred but not required.

All product and accessories pricing, labor rates, services charges and other costs shall be outlined in the bid submission and in the contract upon award. There shall be no additional service charges for any services. The Contractor is required to provide the services/goods within one business day after receipt of an order, or when mutually agreed upon.

Service calls are to be made via the Contractor’s vehicles. Liability for product delivery will remain with the Contractor until properly delivered, installed, and accepted by the Contract User.

The Commonwealth, with the agreement of the Contractor, may add any product(s) not listed in the catalog but available through the contractor. Additionally, the Contractor may request the addition of any new products as they become available and in the best interest of the Commonwealth.

Emergency Response Requirements are outlined in below sections.

3.3.3.1 Installation

Damage to the vehicle, Inspection Stickers, Transponders or any other items during installation or repair of the windshield/tempered glass will be the responsibility of the Contractor to replace/repair.

Contractor is responsible for faulty installation, repair or replacement of any windshield or glass. Any windshield or glass that incurs damages, from the same location of the repair, within 14 calendar days of repair shall be replaced by the Contractor and the cost for the faulty repair shall be credited back to the user.

Outdoor installations are only to be completed with agency approval. Contractor is expected to fully remove all broken glass and materials upon installation within the vehicle and any glass on the floor during a mobile installation and service. Recycling broken/damaged glass is desirable. See Section 3.4 Environmental Specifications for details.

Upon completion of services, Contractor must provide a receipt of services rendered to the driver.

3.3.4 Loaner Equipment

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

3.3.5 Vehicle Information Management System Interface Requirements

Preference may be given to the Contractor(s) that will enable automated interfaces with the Commonwealth’s Fleet Information Management System (FIMS) Chevin Fleet Solutions’ Fleetwave 2.0.

Interfaces should include but not limited to:

· Unique Asset Identifier

· Plate Number

· VIN

· Vehicle description (year, make, model)

· Date

· Purchase Order number

· Repair vs replace

· Vendor

· Quantity purchased

· Detailed cost breakdown

· Memo/narrative/notes

It is important to note that no fundamental changes will be made to the existing system to accommodate the interface. If any hardware and/or software are required for this interface, the Contractor is responsible for the costs and installation. If interfaces are in need of development, the Contractor will be responsible for the hardware/software, development and implementation; including all associated costs. Contractor will push/deliver data as needed, potentially no less than nightly.

3.4 Purchase Order and Billing Requirements

Contractors must be flexible and work with each contract user to provide invoices/bills and establish a payment processes.

3.4.1 Purchase Order:

All Executive Agencies are required to create a COMMBUYS purchase order and present to Contractor for service. The PO will include at least the following information: a service quote estimate, identify agency, identify contractor, bill to address and a ship to address. Eligible Entities are encouraged to use COMMBUYS and create a PO as well though not required. Additionally, drivers must follow their agency/entity’s procedures for providing purchase order numbers and billing addresses to the contractors at the time of service.

3.4.2 Billing:

Contractors shall provide a receipt of services to the Driver/Contract User at time of service.

All invoices must include the following information:

1. Quantity;

2. Item Description;

3. Price,

4. NAGS MSRP;

5. NAGS Discount;

6. PO Number (include COMMBUYS PO number when applicable);

7. Vendor Contact Name;

8. Contact Phone Number;

9. Contract Number;

10. Agency Name;

11. Agency Contact;

12. Vehicle Identification Number;

13. Plate Number;

14. Acceptable Minimum Drive-Away Time – wait period before operating/driving vehicle after vehicle service is completed

Invoices submitted by the Contractor shall be for the entire delivered quantity. No partial invoices against a total purchase order will be processed. Contractors may only submit invoices for items purchased off of the Contract. Invoices MUST be presented for payment within 10 business days after final delivery acceptance of services by the Contract User or as otherwise arranged between Contract User. It is the sole responsibility of the Contractor to present an accurate invoice to the responsible party.

In the event that the Contractor presents an incorrect invoice, the payment/billing period will begin when the new and corrected invoice is delivered to the Contract User. Each Contract User, including each Executive Agency, is responsible for payment for services off of this contract. And all invoices and billing follow up shall be directed at each individual user. The Commonwealth will only be responsible for orders placed by an agent of the Commonwealth and will not accept responsibility for orders place by any other purchaser/Eligible Entity.

Any problems experienced by purchasers should immediately be documented in an email to the Contract Manager of VEH103.

3.5 Emergency response plans/preparedness

In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. The Bidder’s Quote should include the following:

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

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

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

· A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region) The Commonwealth reserves the right to request same day delivery in the case of an emergency. Contractors shall agree to make a good faith effort to service an ordering agency in the case of an emergency order. Weekend delivery and service must be available in the event of an emergency.

This information will not be considered in the evaluation.

3.5.1 Requirements at Statewide Contract or engagement termination

Upon expiration of all Contract renewal terms or at the termination of the Contract, Contractors must provide all required reporting. Additionally, all obligations in existence prior to the termination or expiration date must be fulfilled within the timeframes referenced in this RFR, and if no timeframe was referenced, then within a reasonable amount of time, but in no case to exceed 60 days without a written waiver from OSD.

3.6 Environmental Specifications

Windshield Glass Recycling: Hundreds of millions of pounds of glass end up in landfills every year as a result of windshield replacements. In an effort to foster more responsible handling of this scrap glass and turn a waste product into a reliable construction material, it is preferable that bidders recycle all of windshields and glass that result from this contract.

Bidders must submit their program plan for recycling windshield and glass. Any links to websites or other resources containing such information may be included in the Bidder’s response.

If a plan does not exist, it is preferable that Contractor agrees to start a planning recycling program for windshield and glass, and include a full description of such proposed program.

3.6.1 Executive Order 515, Establishing an Environmental Purchasing Policy

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at http://www.mass.gov/governor/docs/executive-orders/executive-order-515.pdf.

3.6.2 Environmental plan

In addition to recycling windshields and glass, beginning the first year of the Statewide Contract and throughout the life of the Statewide Contract, awarded Bidders must agree to work with OSD and the SSST to examine the feasibility of implementing an environmental plan. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Such a plan may include, but not be limited to, the following:

· Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

· Encouraging environmental initiatives at a corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment; such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

· Adopting standards and/or obtain certifications, where applicable, for product development and manufacturing processes such as but not limited to LEED, ISO 14001, Cradle to Cradle (C2C) Protocol, Green Seal, Environmental Choice and others.

· Using alternative fuel vehicles for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles with guidance on anti-idling initiatives.

· Working with the SSST to develop and distribute information and/or materials to Commonwealth customers on the Awarded Bidder’s environmental practices and initiatives throughout the term of the Contract.

· Developing a plan to implement the recycling of materials used or produced in normal business operations.

· The SSST 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 Quote detailing a commitment to action contingent upon receipt of a Contract award. (See the Additional Environmentally Preferable Products / Practices form on COMMBUYS).

3.7 Discounts

It is highly desirable that in addition to their bid discount percentages off of the NAGS that Bidders offer additional discounts/percentages such as volume discounts. Bidders should include a detailed description of any and all other discounts that are included in their bid. The SSST reserves the right to withhold an award of points if an offered discount is not administratively feasible, if they present additional difficulty in contract management, or if they would not provide a real or significant benefit to the Commonwealth.

Prompt Payment Discounts (PPD)

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

The requirement to offer a PPD may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote.

3.7.1 Best and Final Offers (BAFO)

The Commonwealth reserves the right to seek a Best and Final Offer from qualified bidders in making the final determination of contract award.

3.8 Prevailing Wage and Labor Rates

Bidders must submit a complete breakdown of compensation related to services requested in this RFR. Specifically, Bidders must disclose and submit their competitive bid pricing related to glass installation, uninstall/reinstalls, glass repair and emergency services.

All or part of the service(s) available under this RFR and resulting contracts may require the payment of prevailing wages pursuant to G.L. c. 149, Sections 26 through 27D (construction); Section 27F (trucks, vehicles and other equipment performing public works functions (non-construction); Section 27G (moving office furniture) and 27H (state cleaning contracts). The awarding authority has a legal obligation to request a prevailing wage schedule from the Department of Labor Standards (DLS) at www.mass.gov/dols. If this is a statewide contract or department contract that can be used by other eligible public entities, then any such eligible public entity that uses the contract will be considered the “awarding authority” and must also request a prevailing wage schedule at the time of the engagement of the contractor for specific services. In addition, bidders and proposers must agree to comply with the Prevailing Wage Law, as administered by the DLS. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website at www.mass.gov/dols or by calling the DLS Prevailing Wage Program at (617) 626-6953.

3.9 Supplier Diversity Program (SDP) Plan

Massachusetts Executive Order 524 established the Supplier Diversity Program within the Supplier Diversity Office of the Operational Services Division in order to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). More recently, Executive Order No. 546 established the Service-Disabled Veteran Owned Business Enterprise Program (“SDVOBE Program”), which is designed to promote access and equity of opportunity to Commonwealth business opportunities to SDVOBE qualifying businesses. As a result, M/WBEs and SDVOBEs are strongly encouraged to submit Quotes in response to this Bid, either as prime vendors, joint venture partners or subcontractors. All Bidders, regardless of their certification status, are required to submit a completed SDP Plan Form #1 – SDP Plan Commitment as part of their Quote for evaluation. It is required that Supplier Diversity Program participation accounts for no less than 10% of the total points in the evaluation.

The SSST requires Bidders to make a significant commitment to partner with certified Minority-, Women-, and Service-Disabled Veteran-Owned Businesses in order to be awarded a Contract. Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with a Certified Partner(s), using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract. Please note that no Bidder will be awarded a Contract unless and until they submit a completed SDP Plan Form #1.

After contract execution, if any, Contractors must submit a completed SDP Plan Form #2 – Declaration of SDP Partners, which can be found under the Terms and Conditions tab of the Bid in COMMBUYS, identifying a Certified Partner(s) no later than 30 days after contract execution. Contractors may defer identification of their SDP Partner(s) by checking the box in Part II, thereby acknowledging their SDP Plan commitment. Failure to submit a completed SDP Plan Form #2 by the deadline may result in penalties including contract suspension, termination, and/or award to the next apparent successful bidder.

An SDO-certified (formerly SOMWBA-certified) Bidder may not list itself or an affiliate as being a Supplier Diversity Partner to its own company.

Once an SDP Plan is submitted, negotiated and approved, the SSST will then monitor the Contractor’s performance.

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

3.9.1 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.

3.10 Requirements for Doing Business after a Contract Has Been Awarded The requirements below are specific to the Statewide Contract, if any, awarded as a result of this Bid. Awarded Bidders (Contractors) must also comply with the requirements stated in Terms and Requirements Pertaining to Awarded Statewide Contracts.

3.10.1 Statewide Contract Administration Fee and Report

This Statewide Contract is subject to a 1% Contract Administration Fee, which is created pursuant to MGL c. 7, § 3B, 801 CMR 4.02 and the Transaction Fee section in this Bid and/or incorporated by reference into Statewide Contracts with the Operational Services Division (OSD). The price stated in any Bidder’s Quote price and any Contractor’s Statewide Contract shall be inclusive of this fee and Contractors shall not reflect this fee as a separate line item on customer invoices.

This fee will be based on 1% of the total dollar amounts, adjusted for credits or refunds, paid by Eligible Entities to the Statewide Contractor based on your statewide contract. All ”Statewide Contracts” awarded and all purchase orders and purchases made pursuant to this RFR are subject to this fee regardless of whether the contract was awarded for statewide or regional coverage. Eligible entities include, but are not limited to: a) Cities, towns, districts, counties and other political subdivisions; b) Executive, Legislative and Judicial Branches, including all departments and elected offices therein; c) Independent public authorities, commissions, and quasi-public agencies; d) Local public libraries, public school districts, and charter schools; e) Public hospitals owned by the Commonwealth; f) Public institutions of higher education; g) Public purchasing cooperatives; h) Non-profit, UFR-certified organizations that are doing business with the Commonwealth; i) Other states and territories with no prior approval by the State Purchasing Agent required; and j) Other entities when designated in writing by the State Purchasing Agent. For a list of other entities that are eligible to use your specific Statewide Contract see Section 1 of this RFR.

Note that if the 1% Administration Fee is deductible as a business expense for federal income tax purposes, it is also deductible as an expense for Massachusetts tax purposes.

Quarterly Fee Payment:

For each Payment Period, Statewide Contractor shall pay to OSD a fee equal to one percent (1%) of the total payments (adjusted for credits or refunds) received from all Eligible Entities that have purchased from the Statewide Contractor pursuant to this Agreement. All payments will be based on full calendar quarters (Payment Periods) and must be received by OSD on or before 45 days after the last day of the Payment Period (as specified below) or a Contractor will be considered in breach of contract:

Quarterly payments will include any periods less than a full calendar quarter if a contract does not start at the first day of a quarter or end on the last day of the quarter.

Payments are to be made through a web-based secure payment center, which can be accessed through a link provided to Statewide Contractors by OSD. All Administration Fee payments are to be made directly through the secure payment center. The secure payment center allows payments to be made via Automatic Clearing House (ACH) or by using one of the following credit cards: American Express, Discover, MasterCard and/or Visa.

Please note that there is no charge to vendors to use ACH as OSD covers the nominal fee charged by the secure payment center for using the ACH payment method. OSD will NOT cover the convenience fee for selecting to pay by credit card. This is a fee the contractor is responsible for paying and is non-refundable; the fee is over and above the 1% Administration Fee and it is calculated at 2.49% of the 1% Administration Fee to be paid.