VEH119 RFR Amended 5.18.23~1.pdf

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

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Road Salt

Agency Document Number: VEH119

COMMBUYS Bid#: BD-23-1080-OSD03-OSD03-86172

April 27, 2023 Amended May 18, 2023

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 OSDHelpdesk@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.

https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE VEH119 Road Salt

Revision History

Version Number

Date Author Brief Description

1.0 04/27/2023 N. Santana Initial release

1.1 05/18/2023 N. Santana Updates to Section 4.1.2 Treated Road Salt to reflect the following changes:

• Removal of inside storage requirement for treated road salt

• Ratio of liquid magnesium per ton of treated road salt mixture lowered to a minimum of

5.5 gallons per one ton of treated road salt

• Dye/color may be used for visibility but is not a mandatory requirement for treated road salt

Percentage of moisture contamination corrected in Section 4.1.3 Solar Salt

Attachment to the RFR “VEH119 Estimated Delivery Locations and Tonnage” updated to reflect the following changes:

• All estimated average annual tons have been updated to reflect correct total counts in each MassDOT Area in the following tab:

MassDOT Stockpile Locations

• MassDOT All Areas Estimated Average Annual Tonnage has been updated to reflect correct total count in the following tab:

MassDOT Stockpile Locations

• Dates and fiscal year updated in the following tab: Eligible Entities

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 1 Document Sensitivity Level: High during development; Low once published.

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 ESTIMATED PROCUREMENT CALENDAR

1.2.1 SUBMISSION OF BID QUESTIONS

1.2.2 BID AMENDMENT DEADLINE

1.2.3 BIDDERS CONFERENCE

1.2.4 LATE BIDS WILL NOT BE CONSIDERED

1.2.5 DEBRIEFING

1.3 ADDITIONAL BID INFORMATION

1.3.1 ANTICIPATED CONTRACT DURATION:

1.3.2 ESTIMATED VALUE OF THE CONTRACT

1.3.3 ESTIMATED NUMBER OF AWARDS

1.3.4 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.3.5 ACQUISITION METHOD(S):

1.3.6 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 PROCUREMENT SCOPE

2.2 CUSTOMER BACKGROUND

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 YEARS IN THE INDUSTRY OF THE BID

3.2 CONTINUITY OF OPERATIONS PLAN (COOP)

3.3 EMERGENCY RESPONSE CAPABILITIES

3.3.1 EMERGENCY PICK UP POLICY AND PROCEDURE

3.4 FINANCIAL STABILITY INCLUDING BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

3.4.1 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

3.5 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

3.6 INSURANCE REQUIREMENTS

3.7 DISCLOSURE OF SUBCONTRACTORS

3.8 REVERSE AUCTION

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 COMMODITY SPECIFICATIONS

4.1.1 CATEGORY 1: ROAD SALT

4.1.2 CATEGORY 2: TREATED ROAD SALT

4.1.3 CATEGORY 3: SOLAR SALT

4.1.4 NONCOMPLIANCE WITH COMMODITY SPECIFICATIONS

4.2 SERVICE SPECIFICATIONS

4.2.1 DELIVERY SERVICE EXPECTATIONS

4.2.2 MASSDOT ORDERS AND DAILY REPORTING

4.3 EXTREME EMERGENCIES

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 2

4.3.1 PICK UP PRICING IN EXTREME EMERGENCIES

4.3.2 NON-EXTREME EMERGENCIES

4.4 GEOGRAPHIC COVERAGE

4.4.1 BID AREAS

4.5 CUSTOMER REQUIREMENTS

4.5.1 MOU COMMITMENT

4.5.2 EXECUTIVE BRANCH CUSTOMERS

4.6 ORDERING AND QUOTES

4.7 ENVIRONMENTAL SPECIFICATIONS

4.7.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

4.7.2 REQUIRED ENVIRONMENTAL SPECIFICATIONS

4.7.3 BIDDER ENVIRONMENTAL PRACTICES FORM

4.7.4 ENVIRONMENTAL PLAN

4.8 COMPENSATION STRUCTURE/PRICING

4.8.1 EARLY ORDER DISCOUNTS

4.8.2 PROMPT PAY DISCOUNT

4.8.3 AUTHORIZED PRICE CHANGES

5 SUPPLIER DIVERSITY PLAN (SDP)

6 EVALUATION CRITERIA

6.1 MANDATORY REQUIREMENTS

6.2 EVALUATION COMPONENTS

6.3 BEST VALUE SELECTION AND NEGOTIATION

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

7.1 ELECTRONIC SIGNATURES

7.2 ACCEPTABLE FORMS OF SIGNATURE

7.3 LIMITS AND RESTRICTIONS

7.3.1 FILE FORMAT RESTRICTIONS

7.3.2 FILE NAMING CONVENTIONS

7.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

7.4.1 QUOTE CONTENT

7.4.2 NON-COLLUSION

7.4.3 MULTIPLE QUOTES

7.4.4 MINIMUM QUOTE DURATION

7.4.5 BIDDER’S CONTACT INFORMATION

7.4.6 OWNERSHIP OF SUBMITTED QUOTES

7.4.7 PROHIBITIONS

7.4.8 PUBLIC RECORDS LAW

7.4.9 REASONABLE ACCOMMODATION

8 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

8.1 REQUIRED FORMS

8.2 USE OF COMMBUYS

8.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 3

8.3.1 CHANGES TO CONTRACTOR’S INFORMATION

8.3.2 SINGLE POINT OF CONTACT

8.3.3 REPLACEMENT OF CONTRACTOR STAFF

8.3.4 ADDING COMMODITIES AND/OR SERVICES ONLY IN ACCORDANCE WITH THE STATEWIDE CONTRACT

8.4 PERFORMANCE MEASURES

8.4.1 CONTINUED QUALIFICATION BASED ON PERFORMANCE

8.4.2 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

8.5 REPORTING REQUIREMENTS AND DUE DATES

8.5.1 REPORTING AND PAYMENT DUE DATES

8.5.2 MASSDOT DAILY REPORTING

8.5.3 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY PREFERABLE

PRODUCTS REPORT

8.5.4 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

8.5.5 AUDIT

8.5.6 OTHER TERMS

8.5.7 AD HOC REPORTS

8.6 PAYMENT RELATED TERMS

8.6.1 BILL PAYMENT

8.6.2 LATE PAYMENT FEES

8.6.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.6.4 CREDITWORTHINESS

8.6.5 TAX EXEMPTION

9 RFR APPENDICES

9.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

9.1.1 APPLICABLE PROCUREMENT LAW

9.1.2 GENERAL PROCUREMENT INFORMATION

9.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

9.2 APPENDIX 2 – INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY THROUGH

COMMBUYS

9.3 APPENDIX 3: MASSDOT AREA MAP

9.4 APPENDIX 4: AVERAGE ROAD SALT TONNAGE

9.5 APPENDIX 5: MASSDOT ESTIMATED INITIAL ORDERS FOR FY2024

9.6 APPENDIX 6: MASSDOT DAILY DELIVERY MINIMUMS

10 GLOSSARY

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the VEH119 Strategic Sourcing Team (SST) are soliciting Bidders for the supply and delivery of Road Salt, Treated Road Salt, and Solar Salt. 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 VEH107. The Contract will also be available for use by other Eligible Entities who sign an annual Memorandum of Understanding (MOU) to use the contract each year.

Each Commonwealth Agency and Eligible Entity is responsible for executing its own purchase orders and paying its own invoices for goods and services acquired from this Statewide Contract.

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 4

This contract has an additional category not offered in previous contracts which is the option to bid on Solar Salt, this is offered in category 3. Refer to Section 4.4.1 for the MassDOT Areas that bidders will respond to, bidders will no longer be asked to bid separately on DCR locations as previously directed on SWC VEH107.

The contract will have the following categories:

Category 1: Road Salt

Category 2: Treated Road Salt

Category 3: Solar Salt

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure April 20, 2023

Bid Release Date April 27, 2023

Bidders Conference May 8, 2023 at 2:00pm

Registration link:

https://attendee.gotowebinar.com/reg ister/5802731319920046422

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

May 12, 2023 at 5:00pm

Official answers for Bid Q&A published (Estimated)

May 18, 2023

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

Dates and Times Available:

Wednesday, May 17, 2023 at 1pm

Thursday, June 1, 2023 at 10am

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.

Bid Amendment Deadline. Bid documents will not be amended after this date.

May 25, 2023

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

June 27, 2023 at 2:00pm Late bids will not be considered.

Reverse Auction Training July 26, 2023 https://attendee.gotowebinar.com/register/5802731319920046422 https://attendee.gotowebinar.com/register/5802731319920046422 https://www.screencast.com/t/GMJLKkilF12

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 5

Reverse Auction (estimated)

Day 1:

Wednesday, August 2, 2023

10:00 AM – 4:00 PM (EDT)

Day 2:

Thursday, August 3, 2023

10:00 AM – 4:00 PM (EDT)

Day 3 (if necessary):

Friday, August 4, 2023

10:00 AM – 2:00 PM (EDT)

Notification of Apparent Successful Bidder(s) (Estimated)

August 10, 2023

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

September 1, 2023

*See Appendix 3: Instructions for Vendors Responding to Bids Electronically through COMMBUYS for instructions on how to register for live webinars 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.

1.2.1 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.

1.2.2 Bid Amendment Deadline

Although Bidders may submit quotes any time after the Bid Release Date and prior to the Bid Opening Date, Bidders should ensure that their quotes are based upon the final versions of the RFR and its attachments. Final versions of RFR and its attachments are available after the Bid Amendment Deadline date.

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.

https://www.mass.gov/doc/vendor-training-schedule/download

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 6

At the SST’s discretion, the Bid Amendment Deadline may be extended. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.2.3 Bidders Conference

The Bidders Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information. All questions related to the scope and technical requirements should be submitted using the Bid Q and A module in COMMBUYS.

Attendance is optional. Please refer to the Bidders 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.

1.2.4 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.

1.2.5 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.

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration:

The term of this Contract is five (5) years.

1.3.2 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is approximately $30 million USD and 600,000 tons of road salt 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 all quarters of FY2019 and FY2022.

1.3.3 Estimated Number of Awards

The intent is to award 1 (one) Contractor per Massachusetts Department of Transportation (“MassDOT”) Sub District (“Area”) for Road Salt, as defined in Section 4.4.1 of this RFR, and 1 (one) Contractor per MassDOT Area for Treated Road Salt and 1 (one) Contractor per MassDOT Area for Solar Salt. A Bidder may be awarded in multiple categories if they offer the lowest price in a MassDOT Area.

1.3.4 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.

1.3.5 Acquisition Method(s):

Check All

Applicable (“X”):

Category

Fee-For-Service x Outright Purchase Rental (not to exceed 6 months) Term Lease License Other:

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 7

1.3.6 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.

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 Procurement Scope

The purpose of the VEH119 RFR is to award a contract for the supply and delivery of Road Salt, Treated Road Salt, and Solar Salt to the Eligible Entities within the Commonwealth of Massachusetts for de-icing/anti-icing purposes.

All awards are at the discretion of the Commonwealth and the VEH119 SST based upon the best interests of the Commonwealth.

The intent of the Commonwealth is to have all requested categories of salt delivered by a Contractor to the awarded Eligible Entity locations. In the event of Extreme Emergencies, the Commonwealth may request to pick up Road Salt. For more information on the Emergency Conditions for picking up Road Salt please review Section 4.3 of this

RFR.

The VEH119 bid process will involve two (2) bid stages: a pre-qualifying initial bid (Stage 1) and a Reverse Auction (Stage 2). Both the pre-qualifying bid and the Reverse Auction will take place in COMMBUYS. Bidders must respond to the pre-qualifying bid to be considered for the Reverse Auction. It is the intent of the SST to utilize the Reverse Auction to award the contract pricing. See instructions for the Reverse Auction in Section 3.8 of this RFR.

2.2 Customer Background

The largest customer of road salt in Massachusetts is MassDOT who buys across all MassDOT Areas. In addition to MassDOT, there were over 100 delivery locations from other Eligible Entities for the previous four (4) years of the VEH119 contract spanning FY2019 – FY2022. Bidders should review Appendix 4: Average Road Salt Tonnage to view average annual tonnages from FY2019 – FY2022 for (1) all customers, (2) MassDOT, and (3) non-MassDOT customers. A list of Eligible Entities expected to use the contract is included in the RFR attachment “VEH119 Estimated Delivery Locations & Tonnage” on COMMBUYS. Bidders should anticipate additional Eligible Entities to fill in by the end of the summer.

3 BIDDER QUALIFICATIONS

3.1 Company experience

3.1.1 Years in the industry of the Bid

Bidders must have been in the business of delivering road salt for at least the last 3 (three) most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

https://www.mass.gov/service-details/non-profit-purchasing-programs

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 8

In the case of companies formed fewer than 3 (three) 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.

3.2 Continuity of Operations Plan (COOP)

Bidders should provide a written COOP that describes how the company will continue to do business in case of an emergency.

3.3 Emergency Response Capabilities

In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the services under this Statewide Contract on a priority basis.

Bidders must include name, position/title, phone number and email for all personnel that the Commonwealth’s Eligible Entities may contact in times of emergency. Bidders must indicate the areas of Massachusetts that the Bidder could supply in the event of an emergency. Additionally, a list of the Bidder’s deicing material stockpile locations (City/State), contact person at the facility, phone number, and the stockpile capacity shall be provided in the Bidder Response.

3.3.1 Emergency Pick Up Policy and Procedure

Bidders must provide an outline of their Emergency Pick Up Policy and Procedure at their stockpile location(s) in the Bidder Response. Bidders should include any arrangements that need to be made by Commonwealth’s Eligible Entities in their policy. Responses will be collated and published on COMMBUYS for the use of Eligible Entities in the event of Extreme Emergencies. Any changes to this policy must be promptly reported via email to the OSD Contract Manager.

3.4 Financial stability including bankruptcy, litigation, and contract defaults Bidders are required to submit, as a part of this RFR submission, a certification from the Commonwealth of Massachusetts’ Department of Revenue which indicates that the Bidder is compliant with their fiscal obligations.

Additionally, a Certificate of Good Standing from the Commonwealth of Massachusetts’ Secretary of State is required as a part of this Bid submission. No contract will be awarded without the provision of these documents

3.4.1 Bankruptcy, litigation, and contract defaults

Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

3.5 References and reference information and/or requirements

Bidder must provide contact information for at least five (5) commercial or governmental client references who have ordered road salt by delivery in the past three (3) years immediately preceding the RFR submission deadline. The SST reserves the right to utilize information gathered from references and historical information when scoring responses. 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.

3.6 Insurance Requirements

All Contractors and applicable subcontractors must maintain appropriate levels of insurance as determined by the SST. It is mandatory that Bidders maintain General Liability, Auto, Property, Personal Injury, and Worker’s Compensation. The VEH119 SST and Eligible Entities may require proof of insurances and reserves the right to impose a minimum requirement for insurance coverage value. All insurance coverage must meet the minimum State requirement where applicable. Bidders will specify their coverage and limits in their Bidder Response.

3.7 Disclosure of Subcontractors

Bidders must provide information of all subcontractors 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 Business Profile tab of the Bidder Response Form:

• The legal business name; address; contact person; telephone number; a description of subcontractor’s organization; and a complete description of the contract goods and services that will be performed or provided by the subcontractor

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 9

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 agreement with a subcontractor.

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.

3.8 Reverse Auction

Stage 2 of the bid process is the Reverse Auction which will be a free, live, electronic bidding event hosted in COMMBUYS. The purpose of the Reverse Auction is to maximize the value of the VEH119 contract and ensure the most accurate and realistic pricing and delivery paths available to each Bidder.

1. Qualifying for the Reverse Auction Bidders will only qualify for the Reverse Auction if they have responded to the pre-qualifying bid and have been approved by the VEH119 SST to proceed to the Reverse Auction. The OSD Contract Manager will notify a Bidder if they have qualified to proceed to the Reverse Auction.

2. Reverse Auction Training Bidders who qualify for stage 2 of the bid process must attend a Reverse Auction training session. See RFR Section 1.2, Reverse Auction Training, for the scheduled date and time of this session.

3. Reverse Auction Timeline The Reverse Auction is scheduled for 2 (two) days with the option to extend 1 (one) additional day if necessary. The Reverse Auction Schedule is as follows

Day Date Start Time Pause/End Time Day 1 Wednesday, August 2nd 10:00 AM (EDT) 4:00 PM (EDT) *PAUSE* Day 2 Thursday, August 3rd 10:00 AM (EDT) 4:00 PM (EDT) *PAUSE/END* Day 3 (if necessary) Friday, August 4th 10:00 AM (EDT) 2:00 PM (EDT) *END*

4. Reverse Auction Price Increments

The Reverse Auction will permit bid increments of five cents ($0.05) for each new price being bid per MassDOT Area for Road Salt, Treated Road Salt, and Solar Salt. Bidders must submit a new price of at least five cents ($0.05) lower to be accepted by the Reverse Auction.

5. “Soft Close” The VEH119 Reverse Auction will utilize a “Soft Close” feature. A Soft Close extends the Reverse Auction after the End Time if new quotes are still being received. The Soft Close duration will be 15 (fifteen) minutes.

This means that if a new bid is received before the End Time, then all Bidders will have an additional 15 (fifteen) minutes to review the new price and respond. The Soft Close will continue extending the Reverse Auction after the End Time until no new bids are received.

6. Reverse Auction “Pausing” The Reverse Auction will be paused by OSD at 4:00 PM (EDT) on Day 1 and will resume on Day 2 at 10:00 AM (EDT). If necessary, the Reverse Auction will resume on Day 3 at 10:00 AM (EDT). Bidders will see a notification of a Bid Amendment when the Reverse Auction is paused/resumes.

7. Reverse Auction Starting Prices Starting prices for the Reverse Auction in each MassDOT Area for Road Salt, Treated Salt and Solar Salt will be based on the initial bids that were received and qualified to proceed to the Reverse Auction. The Commonwealth will manually enter the starting prices for each MassDOT Area by using the COMMBUYS vendor name “OSD Reverse Auction” before the Reverse Auction begins. The “OSD Reverse Auction” account will only be used once for the initial starting prices. Due to a limitation in COMMBUYS, to input the starting prices, the Reverse Auction will be displayed as beginning 10 (ten) minutes early on Day 1. Bidders will not be able to respond until the Reverse Auction begins at 10:00 AM (EDT) on Day 1.

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 Commodity Specifications

4.1.1 Category 1: Road Salt

Road Salt will be mined Sodium Chloride (also known as “Rock Salt”). Bidders must conform to the following product specifications as outlined below.

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 10

Material Specifications Road Salt must conform to ASTM 632-12 (or successor) standards.

Chemical Requirements Road Salt must conform to a minimum chemical composition of 95.0 % NaCl (Sodium chloride).

Physical Requirements Road Salt must conform to the following requirements for particle size when tested by laboratory sieve:

Sieve Size Weight % Passing 3/8 inch 95% - 100%

No. 4 20% - 90% No. 8 10% - 60% No. 30 0% - 15%

Note: Detailed requirements for laboratory sieves are given in the ASTM 14.02 (or successor).

Sampling and Testing All testing must be made in accordance with ASTM C-136 and E-534. All sampling must be in accordance with AASHTO T248 or ASTM C702.

Material Control If Road Salt fails to meet the minimum Chemical Requirement the Commonwealth’s Eligible Entities may reject the material. If Road Salt is not received in free-flowing, usable condition (i.e., caked or sticky) then the Eligible Entity may store the Road Salt separately until a test for conditioner (see “Sodium Chloride Conditioner” below) can be completed. If a conditioner test fails, then the Contractor must remove the Road Salt at the Contractor’s expense. Any Road Salt that does not meet the outlined specifications and is rejected by the Eligible Entity must be removed by the Contractor free of charge within 5 (five) calendar days. Any Road Salt not removed within 5 (five) calendar days may become the property of the Eligible Entity.

Sodium Chloride Conditioner In order to prevent caking while in storage, all Road Salt must be treated with a Sodium Chloride Conditioner prior to delivery. The conditioner must be mixed uniformly throughout the Road Salt at a rate of 0.2 lb. of conditioner per one (1) Ton of Road Salt.

Moisture Contamination Road Salt is in a dry condition only when the water content does not exceed one and one-half percent (1.5%) by weight. Road Salt with water content over one and one-half percent (1.5%) will be considered excess in moisture.

The Eligible Entity’s laboratory report showing excess moisture on such accepted material shall be furnished to the Contractor and the Contractor shall reduce the invoice for the delivered material by weight equal to the weight of the excess moisture. Moisture content exceeding two percent (2%) by weight may, in the judgment of the Eligible Entity, be cause for rejection of the material.

Note: Samples of Road Salt to be tested for moisture content shall be taken from either the source or the destination site.

4.1.2 Category 2: Treated Road Salt

Treated Road Salt is Rock Salt treated with corrosion inhibited Liquid Magnesium Chloride, which includes Organic Based Performance Enhancer (OBPE). Treatment is done to enhance performance by reducing corrosiveness, bounce, and scatter; preventing clumping and pile freezing; and improving flow and visibility. The delivered product must be composed primarily of crushed Rock Salt, Liquid Magnesium Chloride with OBPE, a corrosion inhibitor, and may include dye for visibility.

Federal Requirements Any ingredients utilized in Treated Road Salt must be non-toxic and meet the “Safer Choice” criteria set by the U.S. EPA and/or be listed on the Clear Roads QPL and desirable to also be BioPreferred. Bidders shall specify in their Bidder Response their compliance with this requirement.

Material Specifications Treated Road Salt must conform to ASTM 632-12 (or successor) standards.

https://www.epa.gov/saferchoice/products https://clearroads.org/qualified-product-list/ https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 11

Chemical Requirements Treated Road Salt must conform to a minimum chemical concentration of 95.0% NaCl (Sodium chloride).

Physical Requirements Treated Road Salt must conform to the following requirements for particle size when tested by laboratory sieve:

Sieve Size Weight % Passing 3/8 inch 95% - 100%

No. 4 20% - 90%

Sampling and Testing All testing must be made in accordance with ASTM C-136 and E-534. All sampling must be in accordance with AASHTO T248 or ASTM C702.

Material Control If Treated Road Salt fails to meet the minimum Chemical Requirement the Commonwealth’s Eligible Entities may reject the material. If Treated Road Salt is not received in free-flowing, usable condition (i.e. caked or sticky) then the Eligible Entity may request that the Contractor replace the load or offer a price reduction based on the Eligible Entity’s satisfaction. Any Treated Road Salt that does not meet the specifications and is rejected by the Eligible Entity must be removed by the Contractor free of charge within five (5) calendar days. Any Treated Road Salt not removed within five (5) calendar days may become the property of the Eligible Entity.

Liquid Magnesium Chloride The Treated Road Salt product offered shall be a blend of Liquid Magnesium Chloride and an Organic Based Performance Enhancer (OBPE). To enhance the performance of the finished product, OBPE is added to liquid magnesium chloride to raise viscosity, lower the eutectic point, and increase corrosion inhibition. The Liquid Magnesium Chloride with OBPE must meet the following specifications:

• Product must contain a total Divalent Chloride Content (magnesium chloride + calcium chloride) of 23% +/- 2%.

• The Liquid Magnesium Chloride concentration must conform to a minimum concentration of 16.0% MgCl2.

• Product shall contain a minimum of 20% of an organic based performance enhancer (OBPE).

• The pH shall be 6.00-9.00

• Copper analyte MCL of 1 PPM (parts per million)

The Contractor will thoroughly mix a minimum of five and one-half percent (5.5) gallons of Liquid Magnesium per one (1) ton of Treated Road Salt in a dry, contained facility. The Commonwealth and Eligible Entities reserve the right at any time to inspect the Contractor’s operation to ensure the mixing method and liquid additives are appropriate and meeting the required specifications.

Dye/Color The product or any material handled with it may be colored a distinctive hue that will enable quick visual identification. Any dye used must be nontoxic and remain in solution without precipitation under all usual use and storage circumstances.

Certification An independent certified analysis conducted within the last 3 years (2020-2023) showing compliance with all the previously mentioned requirements must be submitted with the bid.

Moisture Contamination Treated Road Salt is in a dry condition only when the water content does not exceed five percent (5.0%) by weight. Water content over five percent (5.0%) will be considered excess in moisture. The Commonwealth's laboratory report showing excess moisture on such accepted material shall be furnished to the Contractor and the Contractor shall reduce the invoice for the delivered material by weight equal to the weight of the excess

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 12 moisture. Moisture content exceeding five percent (5.0%) by weight may, in the judgment of the Commonwealth, be cause for rejection of the material.

Storage Requirements Treated Road Salt must be kept covered for storage to prevent moisture damage. Contractors must ensure they have informed the Eligible Entity of the storage requirements for Treated Road Salt and shall confirm to the Contractor’s best abilities that the Eligible Entity has sufficient storage for responsibly and effectively using the purchased Treated Road Salt.

4.1.3 Category 3: Solar Salt

Solar salt is formed through the solar evaporation process of sea water. Bidders must conform to the following product specifications as outlined below.

Chemical Requirements Solar Salt must conform to a minimum chemical concentration of 99.4% NaCl (Sodium chloride).

Physical Requirements Any impurities and insolubles must be limited to 0.4%. Solar salt must conform to the following requirements for particle size when tested by laboratory sieve:

Sieve Size Weight % Passing 3/8 inch 95% - 100%

No. 4 20% - 90%

Moisture Contamination Solar Salt will be in a dry condition only when the water content does not exceed three percent (3%) by weight.

Water content over three percent (3%) will be considered excess. The Commonwealth's laboratory report showing excess moisture on such accepted material shall be furnished to the Contractor and the Contractor shall reduce the invoice for the delivered material by weight equal to the weight of the excess moisture. Moisture content exceeding three- and one-half percent (3.5%) by weight may, in the judgment of the Commonwealth, be cause for rejection of the material.

4.1.4 Noncompliance with Commodity Specifications

If an Eligible Entity accepts any category of salt that does not comply with the commodity specifications as outlined in Section 4 of this RFR, a ten percent (10.0%) noncompliance price deduction may be placed on the Contactor by the Eligible Entity. Eligible Entities reserve the right to accept a negotiated price deduction between themselves and the Contractor or request replacement products at their discretion.

4.2 Service Specifications

4.2.1 Delivery Service Expectations

The intent of the VEH119 RFR is to have all requested Road Salt and Treated Road Salt delivered by the awarded Contractors to the locations indicated and in accordance with schedules prescribed by the Eligible Entities. Full truckloads must be delivered unless otherwise agreed upon by both the Contractor and the Eligible Entity, partial loads may be rejected. Contractors are responsible for their drivers and any subcontracted drivers. In the event of Extreme Emergencies, the Commonwealth may require that the Contractor allow for orders to be picked up at the Contractor’s stockpile locations. For more information on Extreme Emergencies review Section 4.3 of this

RFR.

4.2.1.1 Late Deliveries

It is expected that a normal delivery would be fulfilled by the Contractor within 5 (five) business days from the date of order outside of any extreme weather circumstances or unless otherwise arranged to be delivered at a later date by the Eligible Entity. Deliveries to Eligible Entities taking longer than 10 (ten) calendar days from date of order to fulfill are considered late. If an Eligible Entity has a late delivery, they may choose to cancel the order and purchase replacement tonnage from another awarded Contractor on VEH119. Any price paid above the contracted price due to late delivery may be sought for reimbursement from the awarded Contractor in the applicable MassDOT Area. Eligible Entities reserve the right to request Contractors to increase the quantity of vehicles for delivery if the Contractor fails to deliver in a timely manner.

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Contractors are responsible for any delays or issues resulting from their subcontractors.

4.2.1.2 Delivery Scheduling

Deliveries to the Eligible Entities may require the transfer of equipment and personnel. Therefore, scheduling is of utmost importance in the procurement process. Contractors are to advise their distributors and/or depots to strictly adhere to delivery schedules set between them and the Eligible Entities. Any changes in delivery schedules at the distributor and/or depot level must be confirmed immediately with the appropriate Eligible Entity representative.

4.2.1.3 Delivery Notifications

The Eligible Entity must be notified sufficiently in advance with the time of delivery, number of trucks, anticipated tonnage, and the last load must be identified so that receiving operations can be scheduled appropriately.

Failure to notify the Eligible Entities in advance may result in rejection of delivery. It is the responsibility of the Eligible Entity to determine the appropriate notification time needed and communicate this to the Contractor.

4.2.1.4 Routine Deliveries

Routine Deliveries will only be accepted Monday through Friday, excluding Local and State Holidays. Deliveries are to be made between 7:00 AM and 3:00 PM on weekdays, unless prior arrangements have been made with the Eligible Entity. Delivery hours may vary between Eligible Entities and must be properly identified prior to deliveries being made. Contractors must provide delivery slips to the receiving entity for each delivery.

4.2.1.5 Bulk, Tailgate Deliveries

Deliveries will be bulk, tailgate delivery. Bulk, tailgate delivery is defined as the delivery of Road Salt, Treated Road Salt, and Solar Salt in trucks to an indicated location and dumped in a pile as directed by the Eligible Entity. The Eligible Entity will furnish all labor and equipment necessary to place or stock the product after the delivery is made.

4.2.1.6 Delivery Quality Standards

All categories of salt must be delivered in a dry condition with no foreign materials. Delivery trucks must be inspected and cleaned prior to loading to prevent contamination by residual foreign materials found in the truck bodies. Contractor may bear any cleanup charges, replacement charges, storage charges or any other costs associated for loads found to be contaminated. Rejected loads are considered rejected statewide and cannot be redirected to other purchasers on this contract.

All shipments of Salt must be totally covered during transit with a waterproof, non-porous canvas or other suitable material of sufficient size and thickness to furnish complete protection. Upon inspection of delivery, all categories of salt shall be received in a free-flowing and usable condition.

4.2.1.7 Overweight Vehicles

State regulations pertaining to overweight vehicles will be strictly enforced. There will be no compensation for the portion of any load that exceeds the maximum allowable gross vehicle weight load limit.

The authorized Purchasing Authority for an Eligible Entity may adjust payment to the Contractor in the event of an invoice for tonnage that exceeds the maximum gross vehicle weight load limit. Related documentation may be obtained upon request. Repeated overweight loads may be brought to the attention of the proper Massachusetts Public Safety Authorities for their review and/or action.

4.2.1.8 Delivery Slips

Under no circumstances will a Contractor’s delivered quantities exceed the total quantities show on the Eligible Entity’s purchase order, unless otherwise approved by the Eligible Entity.

Where Salt is shipped by truck directly from the mine, mill or Contractor's storage area, the Contractor must furnish the Eligible Entity with a clear and legibly numbered delivery slip for each load bearing the following information for determining the pay quantity:

• Material

• Contractor’s Name

• Date of Delivery

• Depot or Destination

• Gross Vehicle Weight (GVW), Tare and Net Weights

• Vehicle Registration Number

• Purchase Order/Requisition Number

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 14

• Truck Number

• Stockpile Location

• Signature of Contractor’s assigned and licensed Weighmaster

• The delivery slip shall be printed from a scale equipped with an automated printing system. Handwritten delivery slips are not acceptable.

4.2.1.9 Contractor’s Scale

The scale used in weighing must be a standard scale furnished by the Contractor. Scales must be sealed as often as necessary to ensure their accuracy. A licensed Weighmaster must weigh all shipments of all categories of salt being delivered under this contract. Eligible Entities reserve the right to witness the weighing of the salt, review the license of the Weighmaster and request a copy of the calibration certificate.

4.2.1.10 Railroad Supply

If Salt is supplied from a railroad, a copy of the Original Bill of Lading (Uniform or Straight) must be provided to the Commonwealth to be used as basis of weight for payment. The Original Bill of Lading must declare the individual cars by number and weight as signed by a sworn Weighmaster or other responsible agent.

Submission must indicate the freight car number and material content destined to the Purchaser. If more than one (1) MassDOT District is involved, then copies must be given to each MassDOT District.

The delivery from the railroad car to the Eligible Entity must meet the same delivery standards as outlined in Section 4.2.1.6 of this RFR. At no time shall deliveries from a railhead be made without proper Eligible Entity representation.

4.2.1.11 Weight Checks

The Eligible Entities reserves the right to make random gross vehicle weight checks of the weight of the Salt by weighing a truck before and/or after delivery at no expense to the Eligible Entity. Eligible Entities reserves the right to require the hauling vehicle gross or tare weight, or both, listed on the delivery ticket to be validated at a certified scale. The location of the certified scale must be no more than five (5) miles from the normal route to the inspection area. The Eligible Entity will designate this location unless a location outside the destination area is agreed upon in writing by both parties.

4.2.1.11.1 Weight Discrepancies

The total tonnage shipped must match ordered tonnage from the Eligible Entity invoice. The Eligible Entity will notify the Contractor if a discrepancy is found. The Eligible Entity will not be obligated to pay for tonnage that exceeds their ordered amount, and the Contractor must agree to correct payment for overages when requested by the Eligible Entity to do so. The Eligible Entity may apply up to a two and a half percent (2.5%) payment reduction per load if the Contractor cannot resolve the discrepancy within three (3) business days after being notified by the Eligible Entity.

4.2.2 MassDOT Orders and Daily Reporting

This section applies to MassDOT orders only.

4.2.2.1 MassDOT Order

MassDOT Orders (Purchase Agreements) will be faxed or emailed to the Contractor from the MassDOT District Office. A representative from MassDOT will verbally confirm the order with the Contractor after it has been faxed or emailed. The Contractor must begin to ship ordered quantities within 24-hours of receipt of any order and must continue to deliver at the rate specified in the contract for each of MassDOT Areas, unless otherwise indicated by MassDOT. The minimum delivery amounts will be in effect unless prior written arrangements have been negotiated with the appropriate MassDOT District Highway Director. Contractors will not deliver any orders without a written purchase order.

4.2.2.1.1 Initial MassDOT Orders

Initial MassDOT orders will be placed and confirmed annually by each District Snow and Ice Engineer to the Contractor following Contract Award or Contract Renewal. Delivery of the initial orders must be completed by November 15th annually. Bidders should review Appendix 5: MassDOT Estimated Initial Orders for FY2024 to see MassDOT’s expected initial orders in FY2024 (July 1, 2023 – June 30, 2024)

After initial orders have been delivered, additional salt will be ordered as needed. The Contractor must begin to ship reorder quantities within 24-hours after receipt of shipping instructions and must complete shipment within 10 (ten) calendar days unless prior arrangements have been negotiated with MassDOT.

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 15

4.2.2.2 MassDOT Daily Delivery Minimums

The delivery rate specified for MassDOT locations is a minimum of 500, 750, 1,000, 1,500, or 2,000 tons per MassDOT Area per day. To provide flexibility to comply with MassDOT’s needs, salt orders exceeding 500 tons per area will have a declared time expectation for delivery expressed in “days.” The salt order for any area will be divided by the minimum delivery rate to determine the maximum number of days that it should take to complete the delivery of the entire amount.

(Example: an order of 1,500 tons for a MassDOT Area with a 500-ton minimum would have a maximum number of three (3) days to complete delivery: 1,500/500 = 3).

Bidders must comply with the MassDOT Daily Delivery Minimums as referenced in Appendix 6: MassDOT Daily Delivery Minimums.

4.2.2.3 MassDOT Daily Reporting

Contractors must email a Daily Delivery Report to MassDOT as a PDF or Excel formatted spreadsheet. Daily reports for salt delivered to MassDOT must be emailed at the end of every business day to:

(1) Boston MassDOT Headquarters, (2) each MassDOT District, and (3) the Snow & Ice Engineer in each District. The OSD Contract Manager reserves the right to request records for any given period during the life of the contract.

The information provided will identify, at minimum, all quantities by truckloads and locations of deliveries and/or pickups. Back orders or non-deliveries will be so noted in the report. Material picked up by MassDOT and material delivered by the supplier must be separated on the report.

An example of reporting that meets the needs of MassDOT will contain tabs or headings as follows: (1) Daily,

(2) Weekly, (3) Monthly, (4) Season and (5) Detail, with additional columns allowing for greater clarity.

4.2.2.3.1 MassDOT Daily Report Email Listing

ALL Daily Reports

Emailed to: Snow_&_Ice@dot.state.ma.us

District 1: Stephen.Webster@dot.state.ma.us D1LenoxSnow&Ice@dot.state.ma.us

District 2: Tom.Kozik@dot.state.ma.us D2NorthamptonSnow&Ice@dot.state.ma.us

District 3: Joe.Kelly@dot.state.ma.us D3WorcesterSnow&Ice@dot.state.ma.us

District 4: Scott.Venuti@dot.state.ma.us D4ArlingtonSnow&Ice@dot.state.ma.us

District 5: Joseph.Auger@dot.state.ma.us D5TauntonSnow&Ice@dot.state.ma.us

District 6: Marc.A.Sullivan@dot.state.ma.us D6BostonSnow&Ice@dot.state.ma.us

4.3 Extreme Emergencies

Contractors may be asked to supply the Commonwealth with Road Salt or Treated Road Salt on a priority basis in a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk. To accommodate such requests, Contractors may be asked, and must make every effort, to service these requests from regular sources of supply at the rates set forth in any contract resulting from this RFR.

It is the intent of the Commonwealth to have all requested salt delivered by the contractor to awarded locations in advance of Extreme Emergencies.

RFR VEH119 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-86172 Page 16

Extreme Emergencies are defined as:

• When frozen precipitation or any weather condition that may…