VEH111 RFR_Amended 8.19.21~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Heavy-Duty Vehicles, Road Maintenance and Construction Equipment

Agency Document Number: VEH111

COMMBUYS Bid#: BD-21-1080-OSD01-OSD10-61351

July 29, 2021 Amended August 19, 2021

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

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 SST reserves the right to reject unreasonable requests.

Revision History

REQUEST FOR RESPONSE VEH111 - Heavy-Duty Vehicles, Road Maintenance and Construction Equipment

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

REQUEST FOR RESPONSE VEH111 - Heavy-Duty Vehicles, Road Maintenance and Construction Equipment

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the VEH111 - Heavy-Duty Vehicles, Road Maintenance and Construction Equipment Strategic Sourcing Team (SST) are soliciting Bidders that provide heavy-duty vehicles, road maintenance and construction equipment, and related parts and service. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace SWC# VEH93 – Heavy-Duty Vehicles and all categories on VEH98 – Purchase of Vehicles other than light and medium-duty vehicles up to 26,000 lbs. Gross Vehicle Weight (GVW). The Contract will also be available for use by other Eligible Entities.

Bidders may submit a response for any number of categories provided that the assets are new, and that Bidders can also provide related parts, accessories, and service for the assets they are awarded on contract. Vendors who provide the base vehicles or piece of equipment must also be able to provide finished products for a broad range of application needs by performing in-house upfitting or by working with a variety of upfit partners on a subcontracting basis. Upfitters should not bid on this contract directly.

Eligible Entities (aka “Purchasing Entities”, “Buyers”, “Purchasers”, and “Contract Users”) will have the option of making direct purchases from any vendor who is awarded a contract, provided that the base asset is featured in the vendor’s catalog on COMMBUYS. In the event the asset being sought is not featured in the vendor’s catalog, or if the total purchase price including all added options, accessories, and upfitting exceeds a 25% variation from the catalog price, Contract Users must solicit at least three quotes from the vendors that are awarded the applicable category. In the event there are less than three vendors that are awarded the category in question, quotes must be solicited from as many vendors as are available.

Contract Users may or may not decide to make awards to the vendor quoting the lowest price. The Commonwealth recommends that Contract Users consider several “Best Value” criteria, including but not necessarily limited to:

· Compliance with specifications

· Fleet compatibility

· Operator ease of use transition

· Dealer location(s)

· Dealer hours of operation

· Delivery lead time

· Cost

· Repair compatibility

· Parts compatibility

All purchases of vehicles and equipment on this contract must incorporate the use of the most current version available of the VEH111 Quote Form, which is included as part of this Bid for reference purposes only (i.e., Bidders should not submit this as part of their Bid Response). Contract Users shall enter all relevant information on the form, including the specifications they are seeking, and send to the applicable vendor(s). This is required whether a direct acquisition is being made through one vendor or if multiple quotes are being solicited. The vendor(s) will complete the form and return it to the Contract User for consideration. If the Contract User decides to move forward with the purchase, a PO must be submitted to the vendor to include the final version of the VEH111 Quote Form that is agreed to by both parties.

Purchases of parts, accessories or service do not require the use of the VEH111 Quote Form; however, it can be used if the Contract User chooses to. Each Contractor will have information in COMMBUYS that reflects pricing for parts and service that Contract Users can reference.

Estimated Procurement Calendar

Use the link below to register:

https://attendee.gotowebinar.com/register/8221217082620269838

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Dates and Times Available:

August 10, 2021 @ 1:00 PM EDT August 26, 2021 @ 2:00 PM EDT September 7, 2021 @ 1:00 PM EDT https://www.mass.gov/doc/vendor-training-schedule/download

Online Webinar:

This interactive webcast provides instructions on several activities: Locating and responding to bids; Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

Late bids will not be considered.

*See Appendix 2, "Training for Vendors Responding to Bids On COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-training-schedule/download for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock 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.

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the 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 Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept 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.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

Pre-bid Conference The Pre-bid Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional. Please refer to the Pre-bid Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time, and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

Additional Bid Information Anticipated Contract Duration The initial term of this Contract is four (4) years. In addition, this Contract has one (1) option to renew of up to two (2) years with a maximum possible contract duration of six (6) years.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $39 Million annually. 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.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for Fiscal Years 2019 and 2020.

Estimated Number of Awards The SST anticipates awarding one to two Contractors per Category, per OEM. The SST may award more or fewer contracts if it is in the best interests of the Commonwealth to do so. Bidders may be awarded some or all the categories and OEMs they propose.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory Contractor performance, compliance with reporting requirements, and adequate sales volume.

Adding Contractors after initial Contract Award If, over the life of the Contract, the SST determines that additional Contractors should be added to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

Acquisition Method(s):

Entities Eligible to Use the Resulting Contract Any Contract(s) resulting from this Bid will be open for use by the following entities:

· Cities, towns, districts, counties and other political subdivisions;

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

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education;

· Public purchasing cooperatives;

· Non-profit organizations that are doing business with the Commonwealth;

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

· 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.

ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

Categories The following categories are intended to be mutually exclusive. Bidders who wish to offer any type of asset reflected or related to below must bid on that category. Bidders may choose to bid on anywhere from one to all categories if they offer at least one (but preferably multiple or all) type(s) of the assets listed below.

1: Trucks (Cab and Chassis that can be upfit to provide a range of finished applications including Tow Trucks, Curbside Trash Trucks, Box Trucks, Truck Tractors, Dump Trucks, Service Trucks, Traffic Safety Trucks, Water Trucks, Rack Body Trucks, Flatbed Trucks, Debris Vacuum Trucks, Roll off/Hook lift Trucks, Sewer Trucks, and Ramp Trucks) 2: Heavy Equipment (includes Articulated Trucks, Backhoes, Dozers, Wheel Loaders, Motor Graders, Telehandlers, Tracked Excavators, Wheeled Excavators, and Trenchers) 3: Paving/Road Equipment (includes Pavers, Rollers, Screening/Processing Equipment, and Street Sweepers) 4: Utilities Service Equipment (includes Auger Trucks, Bucket Trucks, Forestry Trucks, and Log Trucks) 5: Buses (includes School Buses and Transit Buses) 6: Snow Removal (includes Plow Trucks, Sand/Salt Trucks, Snow Melters, Tow Plow Trucks, and Deicers) 7: Trailers (includes Lowbed Trailers, Flatbed Trailers, and Gooseneck Trailers) Procurement Exclusions This contract is not intended for assets used in warehousing, lawns, or grounds operations. It is also not intended for Light- or Medium-Duty vehicles up to and including 26,000 Gross Vehicle Weight (GVW). Light- and Medium-Duty Vehicles are being solicited under a separate statewide contract (VEH110: Light and Medium-Duty Vehicles) which has an estimated Bid Release Date of July 30, 2021.

The following statewide contracts have related assets outside the scope of this contract and are included below for reference:

Lawns and Grounds Equipment, Parts and Services – FAC116 Purchase of Vehicles – VEH98 (to be replaced by VEH110: Light and Medium-Duty Vehicles) Landscaping and Parks and Recreation Equipment – FAC104 Landscaping and Related Services – FAC103 Building and Facilities Maintenance Equipment – FAC100 & FAC101 Equipment Rental – FAC112 Bidder Qualifications Company experience Bidders must meet all the qualifications stated within this RFR and must be an authorized dealer and service provider of any of the OEMs/manufacturers they propose to offer in their bid.

Business background

Bidders must have been in the business of providing the assets solicited for this contract for at least the three most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than three years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Preference will be given to Bidders with more than three consecutive years of government or commercial fleet sales and service experience. Bidders providing evidence of industry awards, such as for service, quality, innovation, etc., will receive additional consideration during the award evaluation process.

Additionally, Bidders and their employees, as well as all subcontractors they do business with that contribute to the goods and services on this contract, are expected to have relevant industry experience. All personnel assigned to the Commonwealth account must be knowledgeable on the contractual requirements and respond to the Commonwealth’s and Contract Users inquires.

Bidder’s staff and the staff of Bidder’s subcontractors and company affiliates must be properly trained and educated consistent with industry standards for all the goods and services included in the Bid. Written evidence of Bidder’s training and education programs for its salespersons, mechanics, and technicians, including those of its subcontractors, is required at the request of the SST. Examples of written evidence include, but are not limited to, staff automotive-related certifications, continuing education classes, and any other documentation showing proof of training and education.

The Bidder must possess the proper tools and equipment to service all assets contained in the Bid.

Disclosure of Subcontractors and Company Affiliations Bidders must provide information of all subcontractors and company affiliates, including business partners, upfitters, and any other entity that will provide goods and services for this Contract. Bidders must disclose the following as part of the information submitted on the “VEH111 Upfit Partners Form” file:

Awarded vendors must: (a) be the primary point of contact regarding all contractual matters, including payment and charges for all goods and services; (b) make all payments to the subcontractor; and (c) incorporate the terms and conditions contained in the contract in any subcontract with a subcontractor.

Contract Users may have discussions with the subcontractor as questions arise; however, the awarded vendor must be included in all discussions to ensure agreement between the parties. The awarded vendor, not the subcontractor, is accountable and responsible for all aspects of the acquisition from start to finish.

The Commonwealth, in its sole discretion, may require the replacement of any subcontractor. Any change in subcontractors must be approved by the Commonwealth, in writing or as otherwise requested, prior to such change.

A list of Contractor’s subcontractor and other company affiliate names will be posted in COMMBUYS for Contract Users’ reference.

Employee and/or business technical/business experience, certifications, licenses Bidders must submit a “Class 1” Dealer license, per M.G.L. Chapter 140 Section 58 for at least three consecutive years prior to the close date of this solicitation.

Bidders must also provide current Licensed Franchised Automotive Dealer Authorization Letters from the OEMs, signed by an OEM Authorized Signatory, for all vehicle/equipment makes in the Bid.

Bidders from other New England and surrounding states are encouraged to bid; however, they must provide the equivalent to M.G.L. Chapter 140 Section 58 “Class 1” Dealer license from their home state and/or town. The burden is on the Bidder to provide the proof.

Emergency Response Capabilities Preference will be given to Bidders that can provide 24/7/365 access to parts and service at the Bidder’s location within two hours of request from an Eligible Purchasing Entity to support emergency response efforts. Being able to provide mobile/roadside service under the same parameters will also be considered as part of this evaluation. Emergencies are defined by the Purchasing Entity and includes, but is not limited to, snow and ice removal, sewage system repairs, and utility outages.

Financial stability including Certificate of Good Standing, bankruptcy, litigation and contract defaults Bidders must disclose any instances of declared bankruptcy, contract defaults or litigation, whether pending or settled.

Bidders must also submit a Certificate of Good Standing provided by the Commonwealth of Massachusetts’s Department of Revenue (DOR) confirming their tax compliance. Out of state bidders must produce their states’ equivalent document.

References and reference information and/or requirements References are part of the evaluation process to determine qualified Bidders.

The Bidder must provide three commercial or governmental client references that are deemed as positive by the SST.

Reference letters shall be submitted on the client’s letterhead with the Bidder’s response. The reference letters shall include the name, address, contact person, telephone number, email address, months and years of service, volume of sales, and a brief narrative describing the business relationship and overall satisfaction with the Bidder. References must be for clients or customers to whom goods and services were provided within five years prior to the RFR Bid Opening Date. Client references should demonstrate the Bidder’s ability to perform a project of similar size, nature, and complexity as described in this RFR. The SST may contact any reference for clarification or further questions as needed, and it is the Bidder’s responsibility to facilitate their responsiveness if needed or provide a substitute reference.

References may not include members of the SST for this contract.

COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

Commodity Specifications All vehicles (i.e., truck chassis) sold on this contract must be at least 26,001 Gross Vehicle Weight (GVW) and designed to travel over the road.

All equipment offered on this contract must be primarily designed for road maintenance and construction. The SST shall make the final determination as to whether a particular asset meets that definition and the intended scope of this contract.

All assets sold on this contract must be new (i.e., not being driven or operated more than the limited use necessary in moving or road testing prior to delivery to a consumer) and the most current model year at the time of Purchase Order. Older model year vehicles may not be sold on this contract. If a new model year becomes available between the time the Quote was issued by the Contractor and the Purchase Order was issued by the Contract User, the Contractor must provide the newer model year at no additional cost, provided that the Purchase Order was issued on or before the date of quote expiration indicated on the VEH111 Quote Form.

All assets must be equipped in compliance with all applicable Federal motor vehicle safety standards and regulations and must be equipped to comply with all requirements of the Massachusetts Motor Vehicle Code at the time of Purchase Order. Additionally, all assets sold on this contract must meet the current federal and state emissions regulations at the time of Purchase Order.

The work executed of all upfit equipment should be of high quality. Deficiencies in finish, wiring, plumbing, mounting, etc. shall be grounds for rejection of delivery until deemed correct by purchaser.

All wiring and plumbing, including but not limited to air, hydraulic, and other liquids, must be sealed and jacketed and of appropriate gauge with sealed connections. Wiring must be run, supported and attached, as not to unnecessarily wear, rub, or chaff. Plumbing must be run with support / attachments so as not to rub, wear or chaff and be appropriate PSI for fluid being carried.

Eligible brands and models The Commonwealth seeks to provide heavy-duty vehicles, road maintenance and construction equipment that are appropriate to meet the functional work requirements for its Contract Users.

Examples of heavy-duty vehicle OEMs include but are not necessarily limited to: Blue Bird, Thomas, IC, Lion Electric, Kenworth, Freightliner, International, Mack, Peterbilt, Volvo and Western Star.

Examples of road maintenance and construction equipment include but are not necessarily limited to: Case, CAT, JCB, John Deere, Komatsu, Volvo, Kubota, Hyundai, Wacker, Hitachi, Link-Belt, Doosan, Kobelco, Eager Beaver, Rogers, and Liebherr Any reference to a particular trademark, trade name, patent, design, type, specification, producer, or supplier is not intended to restrict this Bid to any OEM or proprietor or to constitute an endorsement of any commodity or service.

The Commonwealth may conduct a site inspection of the main place of business of any Bidder and/or the Bidder’s subcontractors prior to award, during a Contract Renewal and/or during the Contract term.

Contractors are expected to make available all assets from the OEM(s) they are submitting as part of their Bid and at the proposed pricing structure proposed in the Bidder Response Form, provided that they meet the scope of this contract.

Delivery Terms Delivery from Contractor to Contract User is FOB to any location in mainland Massachusetts. Delivery to the islands in the Commonwealth and to all other locations must be negotiated with the Purchasing Entity before placing the final order and the added cost must be documented in the VEH111 Quote Form.

The Contractor is responsible for the physical custody of a new vehicle from the time it is delivered by the OEM or dealer to the upfitter or delivering dealership until it is ultimately signed for by the Purchasing Entity.

The Contractor must provide pre-notification of delivery to the Purchasing Entity at least five business days prior to delivery.

The Contractor is responsible for the delivery and off-loading of assets and all shipping charges that may be incurred. Discrepancies between the purchase order, the quote, or any other documentation pertaining to the order must be remedied by the Contractor.

Vehicles that are not in new condition and free from defects upon receipt shall have the necessary corrective action taken to rectify the issue or be replaced promptly by the Contractor. Official delivery receipts or slips are required; hand-written delivery confirmations will not be accepted. All delivered assets shall include the following, unless otherwise waived by the Contract User:

· All aftermarket, upfit, add-on accessories identified in the purchase order, including additional sets of operating keys, as applicable

· Valid Commonwealth inspection sticker

· Original vehicle registration form

· All sets of keys that come standard with the asset and equipment being purchased as well as any additional sets requested by the Contract User

· Commonwealth license plates (front and back) if asset is a licensed on-road vehicle

· Full tank of fuel

· OEM warranty information, including extended warranty options if acquired by the Purchasing Entity

· Subcontractor/Upfitter warranty information

· Owner’s Manual(s) for asset - one in printed or “hard copy” format and additional electronic versions as requested by the Purchasing Entity at no additional charge. It is preferred that electronic versions are in a physical format such as a USB drive or disk rather than web based.

· Where applicable, Owner’s Manual(s) for all add-on accessories and upfit equipment - one in printed or “hard copy” format and additional electronic versions as requested by the Purchasing Entity at no additional charge. It is preferred that electronic versions are in a physical format such as a USB drive or disk rather than web based.

· Full maintenance and repair manuals for unit and all attachments and accessories in printed or electronic format such as a USB drive. Information to include, specifications, diagnosis/troubleshooting, wiring air plumbing and hydraulic diagrams.

The asset must arrive to final delivery destination in new condition, without defects, and be ready for immediate use in accordance with the OEM or dealer’s pre-delivery service. The table below outlines the maximum number of miles and operating hours that are permissible and dollar amounts (USD) to be deducted from the agreed upon Purchase Price for mileage/operating hours up until that point:

· $100 per hour above 60

· 3,000 miles

· 100 operating hours

· $100 per hour above 60

· 3,000 miles

· 100 operating hours

· $100 per hour above 60

· 3,000 miles

· 100 operating hours

· $100 per hour above 60

· 3,000 miles

· 100 operating hours

The chassis window sticker or line sheet, if factory ordered, must contain the details of the factory options.

No Contractor identification may be on the delivered vehicle.

All fluids, including the chassis crankcase, differential, and transmission shall be filled to the OEM’s recommended capacity.

Each unit shall be accompanied by a Pre-delivery Inspection document (PDI) that is filled out properly, completely, and legibly by the specific staff member that performed the inspection. This document must be re-checked and signed off on by the vendor’s Contract Manager or other member of management. The PDI, if needed or otherwise requested by the Contract User, shall have a document provided for each unit and each accessory purchased (e.g., the cab and chassis, the plow, the sander, etc.). The Contractor is responsible for producing this document unless otherwise specified by the Contract User.

Prior to delivery, the Contract User shall be given an opportunity to inspect each unit with all accessories, attachments, and equipment if requested. This should take place at an agreed upon point by the Contractor and Contract User, but generally after paint has been applied but prior to final assembly. It shall be the responsibility of the Contractor to notify the Contract User, who shall be given a reasonable amount of notice to perform this inspection prior to delivery.

Authorized representatives of the Contract User will inspect the asset for work quality, appearance, and proper functioning of equipment before acceptance. Contractor shall secure a signed receipt from the authorized representative of the Contract User certifying delivery of the asset.

The Contractor will have five business days to correct any deficiencies unless an extension is provided in writing by Contract User. The Contract User may withhold payment if deficiencies are not corrected within the agreed time frame.

The asset must be re-inspected prior to acceptance. The Contract User may choose to reject the asset if it fails the second inspection. The Contractor is responsible for picking up and returning a rejected asset for repair and other corrective action.

In the event deficiencies are found after delivery and a properly signed receipt is not available, the Contractor will be responsible for correcting deficiencies as stated above. Invoices shall not be produced and become payable until the Contract User accepts the asset.

Deliveries for Executive Branch Agencies will be accepted Monday through Friday, excluding Commonwealth and local Holidays, between the hours of 8:30 a.m. and 3:30 p.m. unless prior arrangements have been made with the Contract User.

Under no circumstances shall the number of delivered assets exceed the total units shown on the purchase order. Additional units will be rejected and returned immediately at the Contractor’s cost. The Commonwealth may investigate the problem for corrective action.

Late or Missed Delivery The Contractor is responsible for notifying the Contract Users of any delays in delivery as defined in Section 4.7 Ordering and Quotes.

Contractor must understand and accommodate the fact that Contract Users’ ability to pay for the asset may be impacted in cases where the delivery dates have changed drastically from the estimated original date. If the OEM or dealer shipment or any part of the aftermarket or upfit is delayed, the Contractor is required to notify the Contract User in writing within two business days of receiving notice from the OEM, dealer, or subcontractor. This notification must include the reasons for the delay and the new expected delivery date to the Contract User.

If the asset becomes unavailable or cannot be supplied for any reason, an asset of equal value and functionality must be supplied. If a substitute is not available or acceptable, then either a similar asset from the next model year will be supplied at the same price, or the Contract User may cancel the order altogether.

Contractors are responsible for delays and damages resulting from their subcontractors.

Damages If a Contractor is consistently unwilling or unable to deliver assets on time, the Commonwealth reserves the right to reassign the asset(s) or open the Contract to obtain additional Bids. Any Contractor who consistently fails to maintain adequate delivery schedules may be terminated from the Contract.

A grace period of 45 calendar days shall be extended to the Contractor prior to the assessment of damages. If the actual delivery date extends beyond 45 days of the last-communicated delivery date, Contract User may choose to cancel the order and purchase the asset from other sources. The Contractor will reimburse the Contract User for all excess costs over the Contract price.

Contract Users are advised to order assets well in advance of the end of their fiscal year to avoid cases where they do not have funding for the asset in the following fiscal year.

Contract User Compensation Option If an asset is delayed or defaulted, providing such delay or default is the Contractor’s fault and proper communications regarding the delay or default are insufficient, the Contract User shall have the option to assess against the Contractor damages as follows, after the 45-day grace period:

1. Five dollars per day per asset up to 25 percent of the total purchase order; and

2. Other losses, detriments, and inconveniences resulting from the delay.

If enacted, the compensation amount shall be deducted for each asset delivered in the purchase order unless otherwise agreed to.

Service Specifications Bidders must be capable of providing necessary asset service and warranty repairs. Such services may be provided directly through the Bidder’s dealership, in-state dealer partners, and/or through the OEM dealer network, provided that all purchase orders, invoicing, and payment is processed through the awarded Contractor where applicable (i.e., service not covered by warranty).

Bidders must have a minimum of two indoor service bays and two technicians. Preference will be given to Bidders that can demonstrate that their service staff are certified by the OEM, ASE or another reputable source. Service bays must be fully enclosed, properly equipped, and capable of operating in all seasons and in all types of routinely expected weather in the Commonwealth.

Training The Contractor and/or its subcontractors must provide a comprehensive orientation training at delivery or at an alternate time agreed to by the Contract User using the exact asset that was purchased (i.e., Contractor may not use an alternative or “demos” to perform training). The training must consist of six hours of OEM technical training for Commonwealth technicians and four hours of training for operators. Technical training shall include, but not be limited to, key safety and maintenance points, as well as basic operation to assist in the diagnosis of problems. Operator training shall include, but not be limited to, basic familiarization with safety items, routine required checks and overview of all functions. Contract Users may waive training at their sole discretion.

All asset, aftermarket, or upfit add-on accessories must include official OEM or subcontractor operating manuals and instructions. OEM refers to both the asset and aftermarket, upfitted accessories manufacturers.

Warranties Length of warranty Contractors must include information regarding all OEM warranties, any additional costs, discounts, or benefits associated with any warranties prior to purchase by the Contract User. Bidders shall submit the manufacturer’s standard warranty information upon delivery to the Contract User and shall include warranties from upfitters for any installed equipment. Standard warranties, include, but are not limited to:

Contractors shall provide a minimum one-year warranty on all parts and labor for any service necessary to restore the base asset or any component of upfit and/or aftermarket work. All costs shall be borne by the Contractor.

Warranty types Contractors may offer extended warranties; however, only those that are offered through the OEM and that are fully transferrable may be purchased on this Contract. Third party warranties are not permitted.

Warranty process and coverage Contractors shall stipulate all limitations of warranty availability relating to vehicles, equipment service, parts, accessories, supplies, delivery, etc. which are known, should have been known, or are later made known to the Contractor prior to a Purchase Order being submitted by the Contract User. The Contractor must notify any changes in warranty parameters to the Commonwealth’s Contract Manager throughout the life of the Contract.

All warranties must be transferrable and must not take effect until the delivery date of the asset to the Contract User or the date the asset is registered (in the event the Contract User waives the request to have the Contractor do this prior to delivery), whichever is later.

Contractor must: (a) perform the Contract activities in a timely, professional, safe, and high quality manner consistent with standards in the trade, profession, or industry; (b) meet or exceed the performance and operational standards, and specifications of the Contract; (c) provide all Contract activities in good quality, with no material defects.

All Contractor products, installation, and services shall not void any original OEM Manufacturer warranties of the vehicle. Bidders shall produce evidence of original OEM Manufacturer warranty protection as requested. If an OEM warranty is voided, the Contractor will be responsible for upholding the original warranty agreements. At a minimum, Contractors must fully inform Users of all risks, options, and benefits in writing before an order is placed and before servicing an asset.

Maintenance/Post-Warranty support Contractor shall perform any repair or service needs for the assets sold on this contract and that are authorized by the OEM(s). Contractor shall facilitate any repair or service needs on upfit equipment through the subcontractor that installed it, or an alternative that is certified by the OEM to perform such work.

Replacement parts Bidders must be able to provide replacement parts as originally installed or OEM upgraded/superseded replacements for the equipment they are authorized to sell under this contract. These replacement parts must be in line with all warranty requirements and will not adversely affect any existing warranty. A minimum of one-year warranty is required on replacement parts.

Geographic coverage Bidders must be able to provide statewide coverage. Other branch locations and subcontractors may provide delivery, service, parts, and accessories; however, all contract-related paperwork, including but not limited to, Purchase Orders, Invoices, and Certificates of Origin must reflect the company name and address of the awarded Contractor, as listed in the Bidder Response Form. It is the sole responsibility of the Contractor to manage coordination with any other locations or subcontractors providing support, and they shall bear full responsibility for the Contract User’s experience and ensure all terms and conditions of the Contract are adhered to.

Insurance All Contractors and applicable subcontractors must maintain appropriate levels of insurance as determined by the SST. The SST reserves the right to require specific insurance levels for one or more service categories of this contract. It is mandatory that Bidders maintain Commercial Liability Insurance [General and Auto] or an equivalent corporate guarantee for accidents and other emergencies, with limits of no less than $1,000,000 per occurrence and $1,000,000 in aggregate. Note that these are minimum insurance requirements, and that Contract Users may require additional insurance when requesting quotes.

Ordering and Quotes Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

In general, Contract Users should expect a range of 6-12 months lead time for the ordering and upfitting of all assets on this contract, excluding delays due to unforeseen OEM order constraints, shipping logistic issues, and upfit-related complications.

The Contractor shall manage the entire ordering process, confirm receipt of orders to Contract Users, and communicate the vehicle status in each stage of the order process to Contract Users on a regular and reliable basis. This includes but is not limited to the following:

· Explicitly confirm acknowledgement to the Contract User of all Requests for Quotes within two business days;

· Provide requested quote, using the VEH110 Quote Form, within five business days of said request being submitted unless otherwise specified by the Contract User;

· Acknowledge receipt of all Purchase Orders within one business day;

· Place the asset order with the OEM or dealer within two business days of Contract User’s final approval;

· Ensure the Commonwealth’s OEM code (e.g., FIN, FAN) is properly designated in appropriate orders;

· Provide the OEM factory order number when received from the OEM or dealer, if applicable;

· Provide an original estimated delivery date within five business days after the OEM or dealer places the vehicle in its order bank;

· Schedule upfit and other services with subcontractors in advance so that all parts and equipment are available before the asset arrives for upfit;

· Report delays to the original estimated delivery date to the Contract User within two business days of receiving notice from the OEM, dealer, or subcontractor and never less than 45 days prior to the expected delivery date

· Identify assets acquired from Contractor’s stock by the VIN; and

· Provide pre-notification of delivery to the Contract User at least five business days prior to delivery.

It is preferred that Contractors furnish a systematic, online vehicle order process that accommodates orders for all asset types and displays asset upfitting specifications in addition to standard and optional OEM equipment.

Contract Users should not accept vague or generic responses from Contractors and should follow up on any Purchase Order not acknowledged after 24 hours.

Contract Users are expected to have proper approval consistent with their respective entity’s protocols before placing the final asset order with a Contractor.

Contractors that fail to order assets within 10 business days of receipt of a Contract User’s final approval of asset specification will be subject to a penalty of five percent of the total purchase order. The penalty will be deducted from the purchase order price of each vehicle ordered.

Dealer Stock Purchases In the event an asset is available on the dealer’s lot (i.e., it does not need to be factory-ordered from the OEM), the…