REQUEST FOR RESPONSE

Repairs to DCR Vehicles and Equipment)

RFR DCR 657 / COMMBUYS Bid#

Issue Date 4/29/15

Purchasing Department / Department of Conservation and Recreation /
Address / 30 Shipyard Drive
City, State Zip Code / Hingham, MA 02043
Procurement Contact Person / Joe Suppa
Telephone Number / (617) 438-2119
Fax Number / (617) 727-2950
E-Mail Address /
RFR Name/Title / Repair and Service of Vehicles and Equipment
RFR Number / DCR 657
COMMBUYS Bid Number
Procurement Category / Programmatic Equipment Maintenance and Repair

1.  Description or Purpose of Procurement:

The Department of Conservation and Recreation wishes to establish a list of pre-qualified vendors, statewide pursuant to Commonwealth of Massachusetts's regulations 801 CMR 21.00. The purpose of this master agreement solicitation is to establish a master agreement for award of service / parts procurement.

2.  Applicable Procurement Law

Check Appropriate Box (“X”): / Type of Purchase / Applicable Laws /
/ Executive Branch Goods and Services /
/ Goods and Services / MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 /
/ Human and Social Services / MGL c. 7, § 22, § 22N; c. 30, § 51, § 52; 801 CMR 21.00; 808 CMR 1.00 /
/ Legal Services / MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b) /
/ Grants / MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815 CMR 2.00 /

3.  Acquisition Method:

Check All Applicable (“X”): / Category /
/ Fee-For-Service and Repairs /
/ Outright Purchase of Parts /
/ Rental (not to exceed 6 months) /
/ Term Lease /
/ Tax Exempt Lease-Purchase (TELP) /
/ License /
/ Other: [specify other] /

4.  Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”): /
/ Single Contractor /
/ Multiple Contractors /

a.  Estimated Number of Awards

The target maximum number of Contractors is 100 . The Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

b.  Adding Contractors after initial Contract Award

If, over the life of the contract, the Purchasing Department determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

5.  Entities Eligible to Use the Resulting Contract

Check One (“X”): / Eligible Entities /
/ Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:
·  [Identify additional Eligible Entities by name or type. If by type, include those applicable from the list below:
o  Cities, towns, districts, counties and other political subdivisions;
o  Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;
o  Independent public authorities, commissions and quasi-public agencies;
o  Local public libraries, public school districts and charter schools;
o  Public hospitals owned by the Commonwealth;
o  Public institutions of higher education;
o  Public purchasing cooperatives;
o  Non-profit, UFR-certified organizations that are doing business with the Commonwealth;
o  Other states and territories with prior approval by the State Purchasing Agent; and
o  Other entities when designated in writing by the State Purchasing Agent.].
The Purchasing Department reserves the right to add or remove additional authorized users during the contract term. /
/ Limited User Contract – Restricted to Use by Issuing Entity Only. /

6.  Expected Duration of Contract (Initial Duration and any Options to Renew):

Contract Duration / Number of Options / Number of Years/Months /
Initial Duration / 3 Years /
Renewal Options / 2 / 3 Years Each /
Total Maximum Contract Duration / 9 Years /

7.  Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement: $ 2,500,000.00

The funding for any contract resulting from this procurement is conditioned upon receipt of funds.

This RFR and resulting contract will be established as an Open Enrollment.

Contract rates may be renegotiated 30 days prior to the initial 3 year contract end date and 30 days prior to each subsequent contract end date.

8.  Contract Performance and Business Specifications:

Goals and Purpose

This will be a contract for light, heavy duty equipment, trucks, trailers, loaders vehicle repairs, auto body repairs, specialty equipment repairs to include but not limited to vessels, all terrain vehicles, snow mobiles, beach cleaning equipment and similar specialty equipment. This will also include towing, welding fabrication, hydraulic lift maintenance, inspectional services and electrical repair services. Parts will be new / used or rebuilt and must be pre-approved by the Fleet Manager before an order is placed as required by Department of Conservation and Recreation in accordance with the specifications contained herein. The lifts are all hydraulic lifts owned by the “Department” on the vehicles and on the ground (to lift a vehicle).

Department of Conservation reserves the right to supplement contractor by soliciting another awarded Contractor or a bidder associated with this RFR in the event that the Awarded Contractor is unable to maintain adequate delivery schedules, non-delivery or the products being delivered do not meet required specifications. When an Awarded Contractor does not comply with the contract, the Awarded Contractor shall be responsible for any additional cost incurred

and expense suffered by the “Department” in accordance with the specifications contained herein. The lifts are all hydraulic lifts owned by the “Department” on the vehicles and on the ground (to lift a vehicle).

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

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

Department of Conservation reserves the right to terminate contract upon a thirty day written notice or terminate contract IMMEDIATELY if the contractor does not conform to the terms and conditions of the contract or breaches any material element of the contract.

This RFR is for service and new / used specialty parts and for equipment and vehicle repairs, auto body repairs, welding fabrication and hydraulic lift maintenance, inspection and repair services as required by the “Department” and other eligible entities that have chosen to participate under the RFR and Contract. Department of Conservation will function as the lead entity under this contract.

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

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

Performance of Work

Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend their contract. Product delivery and liability remains with the Contractor until the products are properly delivered, purchase order given and signed for by Department of Conservation.

All material must be equivalent to the manufacturer Specifications unless specified.

Vendor will have one contact person for our department when calling for parts or service information and would like to see a toll free phone number.

Account Manager:

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

·  Proper operation and administration of the Contract by the Contractor

·  Responding in a timely manner and by phone or in writing unless instructed otherwise, to all information requests from the Fleet department and Parts department.

·  Supplying information and serving as liaison between the Contractor and Department of Conservation

·  The Account Manager must respond within 24 hours to the Department of Conservation.

Payment

·  Invoices submitted by the Contractor shall be for the entire delivered quantity of a Payment and shall include a department Purchase order.

Warranties, Repairs and Maintenance

·  All services and parts must meet standard manufacturer’s warranties unless specified.

·  All material shall be new, rebuilt, and of recent manufacture and may be tested and inspected at any time by the Department unless specified and documented.

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

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

·  The Contractor shall provide Department of Conservation Fleet Manager with certificates of insurance evidencing the above-referenced insurance policies within ten (10) days of the execution of this Contract.

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

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

Customer Satisfaction

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

·  Delivery of product will be as specified in this RFR.

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

Acceptance of RFR Provisions

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

Contractor Performance Criteria

·  The bidder shall provide all such facilities as the Fleet Manager may deem necessary for him to inspect the materials, methods, and equipment used and shall notify the “Department” of his manufacturing schedules to enable proper inspection during production. Whenever the bidder is not present he shall appoint an authorized representative to whom the Fleet Manager may give instruction as necessary.

·  Any issues regarding the quality of service will be addressed immediately by the vendor.

Total anticipated Duration of Contract

·  Initial Contract Duration (use numbers):One-time Purchase Up to 3 Year(s); ___Month(s); ____Days

·  Option to Renew (use numbers): 2 Option(s) to Renew Each Option up to: 3 Year(s);

Contract Flexibility

·  The Fleet Manager shall have the final authority, with the approval of the Department of Conservation, in all operational matters pursuant to this Contract. The Fleet Manager, prior to implementation or performance, must approve alterations, substitutions, or modifications to this contract. These modifications, etc. may include new products not originally awarded but that Department of Conservation views as value added and may therefore be added to the Contract.

·  The Fleet Manager, in consultation with Department of Conservation, may amend this Contract, at anytime, during the Contract term and/or its extension years. The Fleet Manager, in concert with Department of Conservation, has the authority to remove a Contractor from this Contract for poor or non-performance.

·  The Fleet Manager, working with Department of Conservation has the authority to add, remove or replace a Contractor.

Multiple department user may Contract under this RFR

x Multiple Department Users: Other departments may purchase services or commodities under the same terms of this RFR. Under this option, bidders will be required to specify their ability to extend services to other departments and the rates to be used. Other departments may execute separate contracts with awarded bidders. When using this option the RFR Contact Person listed above is responsible for all correspondence with other departments and vendors that choose to use the RFR.