Metropolitan Area Planning Council Public Service Vehicles · 7/30/2018 · The Metropolitan Area...
Transcript of Metropolitan Area Planning Council Public Service Vehicles · 7/30/2018 · The Metropolitan Area...
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
Public Service Vehicles
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Metropolitan Area Planning Council
Public Service Vehicles Ford, Chevrolet, and Dodge/Chrysler/Jeep
Request for Proposals
RFP #GBPC 2019 Vehicles
Solicited on Behalf of the Greater Boston Police Council (GBPC), operators of the Boston
Area Police Emergency Radio Network (BAPERN)
Metropolitan Area Planning Council ● 60 Temple Place, 6th Floor, Boston, MA 02111 ●
www.mapc.org ● Main Phone ● 617.933.0700 ● Main Fax 617.482.7185
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
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Table of Contents
1 Legal Notice of Invitation for Bids for Public Service Vehicles .......................................................... 6
2 General Information ............................................................................................................................. 7
2.1 General Submission Requirements ....................................................................................... 7
3 Introduction .......................................................................................................................................... 9
3.1 Metropolitan Area Planning Council ..................................................................................... 9
3.2 Greater Boston Police Council ............................................................................................... 9
3.3 GBPC Collective Purchasing Program .................................................................................... 9
3.4 Request for Proposals ............................................................................................................ 9
3.5 Use of Contracts .................................................................................................................... 9
3.6 Contract Term ...................................................................................................................... 10
3.7 Contract Extensions ............................................................................................................. 10
3.8 Bonds ................................................................................................................................... 10
4 Definitions ......................................................................................................................................... 11
5 Products and Quantities ................................................................................................................... 13
5.1 Overview .............................................................................................................................. 13
5.2 Vehicle Manufacturers and Models .................................................................................... 13
5.2.1 Manufacturers and Models .................................................................................................. 13
5.2.2 Manufacturers Factory Options ........................................................................................... 15
5.2.3 Model Year ........................................................................................................................... 15
5.2.4 General Product Requirements ........................................................................................... 15
5.3 Repair and Maintenance Service ......................................................................................... 15
5.4 Optional Discounts .............................................................................................................. 15
5.5 Estimated Quantities ........................................................................................................... 16
5.6 Additional Equipment and Services ..................................................................................... 16
6 Proposal Preparation ........................................................................................................................ 17
6.1 General Requirements ........................................................................................................ 17
6.2 Technical Proposal Preparation ........................................................................................... 19
6.2.1 Tab 1 - Introduction ............................................................................................................. 19
6.2.2 Tab 2 – Minimum Quality Requirements ............................................................................. 20
6.2.3 Tab 3 – Experience & Qualifications – (See Criteria listed in Section 7.1) ........................... 20
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6.2.4 Tab 4 – Service (See Criteria listed in Section 7.2) ............................................................. 21
6.2.5 Tab 5 – Performance and Products (See Criteria listed in sections 7.2.6, 7.3.3 and 7.4.1) . 21
6.2.6 Tab 6 – Warranties (See Criteria listed in sections 7.2.3 and 7.2.4) .................................... 21
6.2.7 Tab 7 – Sales and References ............................................................................................... 22
6.3 Price Proposal Preparation .................................................................................................. 23
6.3.1 Tab 1 - Introduction ............................................................................................................. 23
6.3.2 Tab 2 – Pricing ...................................................................................................................... 23
7 Evaluation Criteria ............................................................................................................................. 26
7.1 Experience and Qualifications ............................................................................................. 26
7.1.1 Proposer’s Experience in Providing Specified Vehicles to Municipal Government Market 26
7.1.2 Proposer’s Experience with Municipal Government (number of customers) ..................... 27
7.1.3 Sales Personnel .................................................................................................................... 27
7.2 Service ................................................................................................................................. 28
7.2.1 Locations of Sales & Service Facilities .................................................................................. 28
7.2.2 Capacity of Service Facility ................................................................................................... 28
7.2.3 Warranty and Non-Warranty Service .................................................................................. 28
7.2.4 Manufacturers’ Warranties Offered .................................................................................... 29
7.2.5 Availability of Mobile Service ............................................................................................... 30
7.2.6 Access to Parts ..................................................................................................................... 30
7.2.7 Qualifications of Technicians/Mechanics ............................................................................ 30
7.2.8 Technicians/Mechanics Trained by Manufacturer .............................................................. 31
7.2.9 Repair and Service Turnaround Time ................................................................................... 31
7.2.10 Vehicle Transport ................................................................................................................. 31
7.3 Product Line ......................................................................................................................... 32
7.3.1 Availability of Vehicle Models Guarantee ............................................................................ 32
7.3.2 Alternative Fuel and Electric Vehicles .................................................................................. 32
7.4 Customer Support ............................................................................................................... 33
7.4.1 Training ................................................................................................................................ 33
7.4.2 Technical Support ................................................................................................................. 33
7.4.3 Multiple Vehicles Delivery Guarantee ................................................................................. 34
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7.5 Quality of the Proposal ........................................................................................................ 34
7.5.1 Organization ......................................................................................................................... 34
7.5.2 Completeness ....................................................................................................................... 34
7.5.3 Clarity ................................................................................................................................... 35
8 RFP Process ....................................................................................................................................... 36
8.1 Overview .............................................................................................................................. 36
8.2 Decision to Use Request for Proposals ................................................................................ 36
8.3 RFP Availability ................................................................................................................... 36
8.4 Proposers Conference ......................................................................................................... 37
8.5 Procurement Timeline ........................................................................................................ 37
8.6 Rule of Award and Selection Process .................................................................................. 38
8.7 Contract ............................................................................................................................... 38
8.8 Authorization to Proceed .................................................................................................... 39
8.9 Post-Award Meeting ............................................................................................................ 39
9 Proposal Submittal ............................................................................................................................ 41
9.1 Proposal Packages ............................................................................................................... 41
9.2 Submittal ............................................................................................................................. 42
9.3 Questions & Addenda.......................................................................................................... 42
9.4 Corrections, Modifications & Withdrawal of Proposals ...................................................... 43
9.5 Disclosure of Information .................................................................................................... 43
10 Terms and Conditions ....................................................................................................................... 44
10.1 Pricing .................................................................................................................................. 44
10.2 Pricing Adjustments ............................................................................................................. 45
10.2.1 Contract Renewal Price Increases ........................................................................................ 45
10.2.2 New or Replacement Models ............................................................................................... 45
10.2.3 Market-Wide Decrease ........................................................................................................ 45
10.2.4 Government Regulations ..................................................................................................... 45
10.2.5 Outside Sourcing of Vehicles ................................................................................................ 46
10.2.6 Steel Mill Products ............................................................................................................... 46
10.3 Subcontractors .................................................................................................................... 46
10.4 Performance ........................................................................................................................ 46
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10.5 Method of Acquisition ......................................................................................................... 47
10.6 Delivery & Inspection .......................................................................................................... 47
10.7 Acceptance .......................................................................................................................... 47
10.8 Formal Transfer of Ownership............................................................................................. 47
10.9 Product Substitution ............................................................................................................ 48
10.10 Quotes to Buyers/MAPC...................................................................................................... 48
10.11 Invoicing .............................................................................................................................. 48
10.12 Reporting Orders ................................................................................................................. 49
10.13 Contract Administration Fee ............................................................................................... 49
10.14 Contract Administration and Auditing ................................................................................ 50
10.15 Trade-Ins .............................................................................................................................. 50
10.16 Training and Orientation ..................................................................................................... 51
10.17 Installation by Other than the Proposer.............................................................................. 51
10.18 Parts ..................................................................................................................................... 51
10.19 Indemnification ................................................................................................................... 51
10.20 Insurance ............................................................................................................................. 51
10.20.1 Insurance .............................................................................................................................. 52
10.21 Publicity and News Releases ............................................................................................... 52
10.22 Catalogs ............................................................................................................................... 53
10.23 False Representations ......................................................................................................... 53
10.24 Miscellaneous ...................................................................................................................... 53
11 Required Signature Forms Checklist ............................................................................................... 54
12 Pricing Pages ..................................................................................................................................... 70
13 Sample Contract ............................................................................................................................... 71
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1 Legal Notice of Invitation for Bids for Public Service Vehicles
The Metropolitan Area Planning Council (“MAPC”), pursuant to M.G.L. c. 7 § 22B and M.G.L. 30B, is
seeking proposals from qualified Proposers to supply Ford, Chevrolet, and Dodge/Chrysler/Jeep
public service vehicles and factory options to the members of the Greater Boston Police Council
(“GBPC”), operators of the Boston Area Police Emergency Radio Network (“BAPERN”). MAPC will be
the awarding authority on behalf of GBPC. Proposals will be evaluated against quality requirements
and evaluation criteria set out in the RFP, and by considering the prices offered. Those Proposers
identified as being responsible and responsive and offering the most advantageous proposals
against these factors will be awarded contracts.
The Request for Proposals (“RFP”) may be obtained from MAPC, by contacting Marjorie Weinberger,
by email at: [email protected]. Proposals are due by 12:00 p.m. on August 24, 2018, at
MAPC, 60 Temple Place, 6th Floor, Boston, MA 02111 (6th Floor Reception Desk). Price proposals
and technical proposals must be submitted separately, sealed, and clearly marked. Late proposals
will not be accepted.
The term of any contract resulting from this RFP will be from the date of execution through
September 30, 2019 with the possibility of two one-year extensions. MAPC reserves the right to
cancel all or part of this solicitation and to reject in whole or part any and all proposals. No bid bond
is required.
Boston Herald Published: Monday, July 30, 2018
CommBUYS Published: Monday, July 30, 2018
Goods & Services Bulletin Published: Monday, July 20, 2018
MAPC Posted: Monday, July 20, 2018
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2 General Information
This is a Request for Proposals (“RFP”) issued by the Metropolitan Area Planning Council (“MAPC”)
for Ford, Chevrolet, and Dodge/Chrysler/Jeep (“Dodge”) public service vehicles and factory options
for the members of the Greater Boston Police Council (“GBPC”) as part of the GBPC Collective
Purchasing Program (“Program”).
Proposal Due Date: August 24, 2018 at 12:00 PM
Proposal Subject: Ford, Chevrolet, and Dodge/Chrysler/Jeep Public Service Vehicles
and Factory Options
RFP Number: GBPC 2019 Vehicles
RFP Availability: The RFP may be obtained by contacting Marjorie Weinberger, by
email at [email protected] on or after Monday, July 30, 2018
10:00 a.m.
Proposers Conference An optional Proposers Conference will be held August 8, 2018 from
12:00 p.m. – 2:00 p.m. at the Walpole Library located at 143 School
Street, Walpole MA.
Return RFPs to: Marjorie Weinberger
Metropolitan Area Planning Council
60 Temple Place, 6th Floor Reception
Boston, MA 02111
Please read this entire document before responding or submitting questions.
2.1 General Submission Requirements
Competitive sealed proposals for the goods and services specified will be received by MAPC, at the
above specified location, until the time and date cited. Faxed or emailed submissions will not be
accepted. Proposals must be in the actual possession of MAPC on or prior to the exact time and date
indicated above according to MAPC’s 6th floor reception area clock. Late proposals will not be
considered.
Vendors must submit all materials requested in accordance with the requirements of this RFP and in
the order and format requested in order to be considered complete and responsive. Vendors whose
proposals are complete and meet Minimum Quality Requirements will have their proposals reviewed.
Meeting Minimum Quality Requirements does not mean that a vendor will be selected for the
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project.1
M.G.L. c. 30B §6(b)(3) requires the separate submission of price. Do not make reference to price in
the Technical Proposal. Failure to adhere to this requirement will result in disqualification.
Responses must include the following:
One original price proposal and one electronic copy of the price proposal on a CD/DVD or
USB memory stick in a sealed envelope clearly marked with the words: “GBPC 2019 Vehicles
– Price Proposal” as well as the Proposer’s name. Please use the Pricing Pages forms
provided in this RFP.
One original technical proposal, three hard copies, and one electronic copy of the technical
proposal on a CD/DVD or USB memory stick in a sealed envelope or box clearly marked with
the words: “GBPC 2019 Vehicles – Technical Proposal” as well as the Proposer’s name.
Responses must include the unaltered signed forms provided in this RFP.
1MAPC reserves the right to waive or allow for late submission of any document it identifies herein. However, Proposers
must include the Non-Collusion form and the Certificate of Tax Compliance for with their bids. Failure to include either
form shall result in immediate bid disqualification.
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3 Introduction
3.1 Metropolitan Area Planning Council
The Metropolitan Area Planning Council (“MAPC”) is the regional planning agency (RPA) for the
greater Boston region. It is a governmental entity established by M.G.L. c. 40B § 24, et al, to provide
a regional perspective on growth, development, and governance for the welfare of the region. It is
qualified to act as a lead jurisdiction under M.G.L. c. 7 §22B.
3.2 Greater Boston Police Council
The Greater Boston Police Council (“GBPC”) is a registered 501(c) 3 not-for-profit corporation with a
membership of some three hundred Public Service agencies throughout Massachusetts and the
surrounding New England states. It owns and operates the Boston Area Police Radio Network
(“BAPERN”), which provides secure wireless interoperable means of communicating among Public
Service agencies and other emergency responders throughout eastern Massachusetts. The
collective purchasing program that it partners on with MAPC is a supplemental service intended to
bring competitively priced equipment, goods and services employed in Public Service conveniently
and efficiently to its members. A list of current members may be viewed on the GBPC website at
http://gbpc.org/membership/. GBPC membership enrollment is on a rolling basis, meaning that
members are added and/or deleted over time. Contracted Respondents and Buyers should check
the GBPC website or call MAPC or the GBPC prior to sales to confirm membership.
3.3 GBPC Collective Purchasing Program
The GBPC Collective Purchasing Program’s (“Program”) purpose is to obtain for GBPC members
contracted access to and guaranteed pricing for a range of public service vehicles
3.4 Request for Proposals
The primary objective of this RFP is to provide an efficient and economical way for GBPC members to
purchase public service vehicles and equipment to support their mission to provide the best
municipal operations and services to their residents. Through this procurement MAPC intends to
provide a selection of public service vehicles and equipment that support the municipalities in that
mission.
It is intended to obtain access to and guaranteed pricing available exclusively to GBPC member
municipalities through a set of uniform contracts. MAPC and the participating municipalities
anticipate that multiple contracts may be awarded as a result of this RFP.
3.5 Use of Contracts
Use of resulting contracts is voluntary. This solicitation is intended to provide access to qualified
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vendors within the controlling laws of the Commonwealth of Massachusetts. It does not constitute or
imply a firm commitment by any eligible party to purchase equipment, goods, or services from any
contracted vendor. The ability of contracted vendors to perform as proposed, to be price competitive,
and to offer quality products and service will be key to their sales success. Nothing in this RFP shall
be interpreted as a restriction upon an eligible party from buying any item or similar product by any
other means, from any other vendors, or from the selected vendors at any time during the contract
term.
Eligible parties will be the Buyers under contract(s) awarded through this RFP. All transactions
between eligible parties and contracted vendor(s) will be solely between those parties. Neither
MAPC, the participating municipalities, nor any other eligible party will be held liable by the vendor(s)
or another eligible party for any loss or liability, other than payment for delivered products as may be
limited herein, incurred as a result of this procurement.
3.6 Contract Term
The term of any contract(s) awarded under this solicitation will be from the date of execution through
September 30, 2019.
3.7 Contract Extensions
Each contract will be eligible for two (2) additional one-year extensions, ending September 30, 2020
and September 30, 2021. In the event new contracts have not been procured and awarded by
September 30, 2021, MAPC may elect to extend current contracts for an additional period of time
until new contracts have been procured and awarded. However, in no instance shall any contract
term, including extensions, exceed three years in total.
Contract extensions are not automatic. The decision to exercise an option to extend will be based on
a determination that it is more advantageous for MAPC, the GBPC, and its members to exercise the
option rather than undertake a new procurement as well as consideration of vendor performance.
MAPC reserves sole discretion to extend contracts.
Except as provided elsewhere in this RFP, there will be no change in the terms and conditions,
proposal prices, or products offered during the contract periods.
3.8 Bonds
No Bid Bond is required by this RFP.
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4 Definitions
The following terms and definitions are used in this Request for Proposals (RFP).
TERM DEFINITION
Buyer/Eligible
Buyer
Any entity deemed eligible under GBPC membership rules
to participate in the GBPC Collective Purchasing Program
and duly authorized by their employer to commit to a
contract to purchase and having the authority for
acceptance of public services vehicles and equipment
Alternative Fuel and
Electric Vehicles
Any vehicle that is: battery powered electric; plug-in hybrid
electric; and/or alternative fuel (such as but not limited to
diesel, natural gas, compressed natural gas, hydrogen,
solar, ethanol, propane or other fuel blends).
Contract Any contract or contracts resulting from this RFP.
Contracted
Proposer
A Successful Proposer with whom MAPC enters a contract
under this RFP. Use in the singular includes the plural.
Days Calendar days, unless otherwise specified.
Performance Any act by a Contracted Proposer required or intended to
provide or further the provision of a product or service to a
Buyer, including adherence to pricing, availability,
performance periods and all other promises made in a
Proposer’s proposal, and promises regarding quality of
workmanship and written or implied warranties.
Product(s) General reference to any and all items offered in a
proposal.
Public Service
Vehicles
Vehicles used by governmental departments in the
performance of their work.
Purchase
Purchase Order
Any binding written expression of intent to purchase
conveyed by a Buyer to a Contracted Proposer.
Proposer A Proposer who submits a proposal in response to this RFP.
RFP This Request for Proposals
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Successful
Proposer/Vendor
The responsive and responsible Proposer(s) selected as
offering the most advantageous proposals and having the
opportunity to contract with MAPC. Use in the singular
includes the plural.
Service Provider Service provider approved by the manufacturer.
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5 Products and Quantities
5.1 Overview
It is the purpose of this RFP to identify one or more Successful Proposers to provide new Ford,
Chevrolet, and Dodge/Chrysler/Jeep public service vehicles and factory options to the members of
GBPC as part of the GBPC Collective Purchasing Program.
5.2 Vehicle Manufacturers and Models
5.2.1 Manufacturers and Models
Proposers may submit a proposal for one or more makes of public service vehicles listed in Table 1.
Proposers should refer to the Pricing Pages in Section 12 for the full list of Makes, Models, and Body
Codes being procured.
Table 1 Vehicle Makes, Models, and Estimated Quantities
MAKE MODELS ESTIMATED QUANTITIES
Ford Fiesta 50
Ford Interceptor 2,000
Ford Hybrid Interceptor 100
Ford Focus 50
Ford Fusion 50
Ford Taurus 50
Ford Escape 75
Ford Explorer 100
Ford Expedition 75
Ford Transit 50
Ford Edge 50
Ford F-150 100
Ford F Series Super Duty 500
Ford Medium Truck 75
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MAKE MODELS ESTIMATED QUANTITIES
Chevrolet Sonic 25
Chevrolet Cruze 25
Chevrolet Malibu 25
Chevrolet Impala 100
Chevrolet Trax 25
Chevrolet Tahoe 100
Chevrolet Suburban 50
Chevrolet Van 100
Chevrolet Colorado 50
Chevrolet Silverado 50
Chevrolet Spark 25
Chevrolet Volt 25
Nissan Leaf 25
Dodge Journey 75
Dodge Challenger 25
Dodge Charger 250
Dodge Durango 100
Dodge Ram 1500 50
Dodge Ram 2500 50
Dodge Ram 3500 50
Dodge Ram 3500 Chassis
Cab
50
Dodge Ram 4500 Chassis
Cab
50
Dodge Ram 5500 Chassis
Cab
50
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MAKE MODELS ESTIMATED QUANTITIES
Dodge Ram Tradesman 50
Dodge Ram Vans 50
Chrysler 200, 300, and Town
& Country
100
Jeep Compass, Patriot,
Renegade, Wrangler,
Cherokee, and Grand
Cherokee
100
5.2.2 Manufacturers Factory Options
Vendors must offer unit prices for all listed manufacturers’ OEM factory options and packages
available for the models being procured.
5.2.3 Model Year
All products must be the most current model year offered by the manufacturer meaning the newest
generation of products available.
5.2.4 General Product Requirements
All products being offered must be new and unused.
5.3 Repair and Maintenance Service
Proposers must offer repair and maintenance service for the products offered, whether provided
directly by the Proposer or through a qualified subcontractor. All warranty service must be provided
by manufacturer authorized service providers or through a qualified subcontractor. Proposers will be
requested to provide pricing for repair and maintenance services, extended warranty service, vehicle
transport, loaner vehicles, etc. in their Price Proposal.
5.4 Optional Discounts
MAPC encourages Proposers to offer the GBPC membership a variety of discounts whether through
multi-vehicle and volume purchase discounts or prompt payment discounts e.g. payment time period
from time of receipt and acceptance based on Net 10, Net 15, Net 30 days, etc. Vendors may offer
Buyers discounts, such as end of quarter purchase incentives; however, all such incentive pricing
must be simultaneously offered to all Eligible Buyers identified in this RFP.
Notification of discounted pricing or pricing incentives must be made to all GBPC members and
MAPC at [email protected] and GBPC at [email protected]
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Proposers should familiarize themselves with M.G.L. c. 41 § 56 relating to payments of bills by
municipalities when offering prompt payment discounts and other types of discounts to
Massachusetts municipal customers that require pre-payment. M.G.L. c. 41 § 56 prohibits the pre-
payment of bills for any goods or services before the goods are delivered or the services rendered.
Proposers will not invalidate their submissions by offering pre-payment discounts; however, MAPC
strongly encourages GBPC members to seek the advice of his or her Chief Procurement Officer, City
or Town Accountant, and City Solicitor or Town Counsel before taking advantage of any such
discount.
5.5 Estimated Quantities
The quantities of vehicles estimated as the upper end of sales during any year of a contract or
contract extension are shown in Table 1. Quantities are presented without regard to model
configuration.
M.G.L. c. 30B, §13 allows limited increases in the volume sales under a single contract up to 25% of
the original volume (or value of the contract) provided unit pricing remains unchanged from that
applied to the original estimated quantities. For example, with unit pricing remaining the same, an
estimated quantity of one hundred units can increase to twenty-five units without requiring an
additional procurement.
5.6 Additional Equipment and Services
Additional vehicles and equipment not itemized in a Proposer’s Price Proposal cannot be purchased
from an awarded contract. Any additional equipment or services not itemized in a Proposer’s Price
Proposal, but which a Proposer will provide and/or install at additional cost to the Buyer, must still be
otherwise acquired by the Buyer in compliance with applicable Massachusetts procurement laws.
Buyers must by law competitively procure goods and/or services costing $10,000 and over.
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6 Proposal Preparation
Proposers are reminded that all information and statements provided will be considered true,
accurate, and binding representations of the Proposer’s intentions and commitment in responding to
this RFP. Any such representations constitute legal obligations on the part of the Proposer to perform
as stated and that failure to so perform may be used as grounds to terminate the contracts.
6.1 General Requirements
The following general requirements and cautions apply to proposal preparation.
For purposes of this RFP, the Proposer is the vendor who submits a proposal in response to
this solicitation and will be the party executing a contract.
Proposals must be received by MAPC at their reception desk at 60 Temple Place, 6th Floor,
Boston, MA 02111 no later than August 24, 2018 at 12:00 PM as indicated on the clock in
MAPC’s reception area, as may be amended.
M.G.L. c. 30B § 6(b) requires the separate submission of price. Price Proposals and
Technical Proposals must be submitted in separate, sealed packages.
Proposers must submit all required documents, forms, and materials as instructed in this
RFP in the order and format specified and meet the Minimum Quality Requirements in order
to be considered responsive. Proposals of the Proposers who have done so will be evaluated,
but are not guaranteed a contract.
All proposals must contain all originally completed and signed Forms provided in this RFP.
Faxed or emailed pages will not be considered.
The proposal document must be submitted with original ink signatures by the person
authorized to sign the proposal (blue ink is preferred).
Proposals must be signed by a duly authorized officer(s) eligible to sign contract documents
for the firm. Proof of such authorization must be included.
The proposal must indicate the responsible entity, which must also be the signatory on all
documents.
Consortiums, joint ventures, or teams submitting proposals will not be considered responsive
unless it is established that all contractual responsibility rests solely with one contractor or
one legal entity.
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Proposers should be aware that joint responsibility and liability will attach to any resulting
contract and failure of one party in a consortium, joint venture, or team to perform will not
relieve the other party or parties of total responsibility for performance.
All forms must be signed by the same authorized person for the Proposer who will be signing
the contract.
Erasures, between the lines insertions or other modifications to a proposal must be initialed
in original ink by the authorized person signing the offer.
Periods of time, stated as a number of days, shall be calendar days unless otherwise
indicated.
It is the responsibility of all Proposers to examine the entire RFP packet and seek clarification
of any item or requirement that may not be clear and to check all responses for accuracy
before submitting a proposal. Negligence in preparing an offer confers no right of withdrawal
after the proposal due date.
Electronic copies should be submitted on labeled CD/DVD or USB memory stick. Electronic
versions must be exactly the same as the paper versions.
Accuracy and completeness are essential. Omissions and ambiguous or equivocal
statements will be viewed unfavorably and will be weighed as such in the evaluation phase.
Since all or a portion of the successful RFP response may be incorporated into any ensuing
Contract, all prospective Proposers are further cautioned not to make claims or statements
that cannot be subsequently included in a legally binding agreement.
In all cases where a Proposer offers a product or service, including, but not limited to
warranty, that exceeds any standards or specifications or requirements set out in this RFP,
such offers will be considered binding obligations requiring performance by the Proposer.
Neither MAPC, nor GBPC assume liability for and will not reimburse any costs or expenses
incurred by any Proposer (whether or not selected) in developing proposals in response to
this RFP.
Proposals will remain in effect for a period of ninety days from the deadline for submission of
proposals, until Notice of Award is made, or this RFP is canceled whichever comes first.
Proposers must follow the instructions for preparing the technical proposals and the price
proposals.
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6.2 Technical Proposal Preparation
Technical Proposals must be submitted in the following required format:
Sections must be separated using tabbed divider pages.
Tabbed divider pages must be labeled with the required tab headings.
Include all detailed information and supporting documentation necessary to satisfy all
requirements of this RFP and enable the evaluation of the proposals against the Evaluation
Criteria.
Emphasis should be on completeness and clarity of the content. Special bindings, colored
displays, promotional materials, etc., are not necessary or desired.
Technical Proposals must be divided into the following tabbed sections:
Tab 1 – Introduction
Tab 2 – Minimum Quality Requirements
Tab 3 - Experience & Qualifications
Tab 4 – Service
Tab 5 – Performance and Products
Tab 6 – Warranties
Tab 7 – Sales References
6.2.1 Tab 1 - Introduction
In Tab 1 of their Technical Proposals, Proposers must submit a Cover Letter and complete and
submit the unaltered forms provided in Section 11 of the RFP in the following order2:
Cover Letter (template provided in Section 11)
Proposal Signature Page
2Both the Certificate of Non-Collusion and the Certificate of Tax Compliance are legally required forms that must be
included in Proposers’ Bid, or the bid will be disqualified. MGL c. 30B, §10 and MGL c. 62C, §49A. MAPC reserves the
right to waive or later obtain any other forms required by MAPC under this RFP.
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Certificate of Non-Collusion
Certificate of Tax Compliance
Conflict of Interest Certification
Certificate of Compliance with M.G.L. c. 151B
Certificate of Non-Debarment
Additional Certifications
Proposer must also provide the following additional information:
• Certificate of Authority – Corporate (if applicable)
• IRS Form W9
• List of subcontractors with full contact information (if applicable)
6.2.2 Tab 2 – Minimum Quality Requirements
Proposers must meet certain Minimum Quality Requirements in order to be considered for further
evaluation and contract award under this RFP.
In Tab 2 of their Technical Proposals, Proposers must complete and submit the “Minimum Quality
Requirements Form” provided in Section 9 of the RFP. Proposers must provide evidence and
attestation supporting their ability to meet each of the Minimum Quality Requirements.
Failure to respond affirmatively to any of the quality requirements, or providing a qualifying
statement will result in rejection of the proposal.
6.2.3 Tab 3 – Experience & Qualifications – (See Criteria listed in Section 7.1)
Proposers must present clear and concise evidence indicating ability to comply with the RFP
requirements and to provide and deliver the specified products and services to the Buyers. In Tab 3,
Experience & Qualifications, the Proposer must provide the following:
A copy of the Proposer’s Class 1 Dealer’s License or agreement with a manufacturer
authorized Massachusetts Class 1 Dealer. In accordance with Massachusetts General Laws,
Chapter 140, Section 58(b) and applicable Massachusetts’ Regulations, Vendor must be
able to provide evidence upon demand of MAPC of either their current Class 1 Dealer’s
License, or a current and valid contract with a manufacturer’s authorized Class 1 Dealer at
any time during the contract. In the event that Vendor ceases to be either a Class 1 Dealer
or obtain vehicles under the contract term from a manufacturers’ authorized Class 1 Dealer,
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the failure to obtain either a proper license or new contract with an authorized Class 1 Dealer
shall give cause to terminate the contract.
A description of the experience of the Proposer in providing the specified vehicles to the
municipal government market.
A description of the Proposer’s history of working with municipal governments or other
similar governmental or institutional clients, including the scope and duration of such
engagements. (Criteria 7.1.2 and 7.1.3)
A description of the Proposer’s Sales team and support functions.
A description of the Proposer’s product warranties and satisfaction guarantee policy.
A description of the Proposer’s delivery timeline aims, including their commitments to deliver
vehicles within 6 or 9 months, as well as evidence/information as to how they work with
aftermarket vendors to meet delivery timelines.
A list of any other specific qualifications the Proposer has in supplying the goods and
services listed in this proposal.
6.2.4 Tab 4 – Service (See Criteria listed in Section 7.2)
In Tab 4 of their Technical Proposals, Proposers must provide a comprehensive description of their
capacity to sell and service the vehicles offered. Include a description of the facilities to be used,
including locations, facility capacity, skills and number of mechanics and technicians, access to
parts, hours of operation and emergency response, including mobile services, maximum turnaround
times, and use of sub-contractors, if applicable. If using sub-contractors, please provide full contact
information and a description of the work they will perform and their qualifications. Please also
discuss product repair and replacement and vehicle transport services.
6.2.5 Tab 5 – Performance and Products (See Criteria listed in sections 7.2.6, 7.3.3 and 7.4.1)
In Tab 5 of their Technical Proposals, Proposers must provide a comprehensive description of their
stocking capacity and delivery timeline guarantees. Proposers must also provide a full listing of the
manufacturer product lines they offer.
6.2.6 Tab 6 – Warranties (See Criteria listed in sections 7.2.3 and 7.2.4)
In Tab 6 of their Technical Proposals, Proposers must provide complete standard manufacturers’
warranty information for all products for which Proposer is submitting a proposal. Include information
on extended manufacturer’s warranties that Proposer also offers.
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6.2.7 Tab 7 – Sales and References
In Tab 7 of their Technical Proposals, Proposers must include at least five completed References as
part of their responses. For each Proposer, MAPC reserves the right to solicit references at random
from the sales list provided in Tab 7. MAPC will make two attempts, one day apart, to engage
references via telephone, and will pursue the entirety of Proposer’s list until at least three responses
have been obtained.
References will be asked to rate the Proposer in regard to:
Customer service
Timeliness of delivery or service
Conformance of equipment specifications
Quality and workmanship of the equipment
Other material information offered by the reference
MAPC, or its designee, will evaluate the responses and make a determination that a Proposer is
either “Responsible” or “Not Responsible” with regard to References.
MAPC and GBPC reserve the right to perform whatever additional due diligence they deem necessary
to determine that the Proposer is responsible including, but not limited to, acting as their own
reference. MAPC reserves the right to withhold the award of a contract if a Proposer is found “Not
Responsible.”
Respondents must also provide a list in table format of the total number of public service vehicles
sold to municipal and government department customers during the past two calendar years. The list
must break down the requested information as follows and show sub-totals in order to verify totals:
o By year and state
Additionally, Respondent must provide full contact information (contact name, department
name, phone number, and email) for each of the municipal and government department
customers reported above for the past three months. Note: Please do not provide personal
cell phone information for reference contacts.
Example: Sales
YEAR STATE DEPARTMENT
NUMBER OF
OUTFITTED
VEHICLES
CONTACT
INFORMATION
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YEAR STATE DEPARTMENT
NUMBER OF
OUTFITTED
VEHICLES
CONTACT
INFORMATION
2016 Massachusetts Amherst Police 5 Chief Smith,
(413) XXX-
XXXX
6.3 Price Proposal Preparation
Price Proposals must be submitted in the following required format.
Sections must be separated using tabbed divider pages.
Tabbed divider pages must be labeled with the required tab headings.
Price Proposals must be divided into the following tabbed sections:
Tab 1 – Introduction
Tab 2 – Pricing
6.3.1 Tab 1 - Introduction
In Tab 1 of their Price Proposals, Proposers must provide the following required form provided in this
RFP:
Price Proposal Signature Page
6.3.2 Tab 2 – Pricing
In Tab 2 of their Price Proposals, Proposers must provide a printed version of the Pricing Pages
spreadsheet provided along with this RFP. The Pricing Pages list the vehicles and products being
procured. Proposers must list all vehicles and options that will be offered under contract within the
Excel document provided. All options must be published under the MAPC contract. Any unpublished
options must be purchased by GBPC members in accordance with Massachusetts General Law,
Chapter 30B.
Proposers must provide:
Manufacturer’s pricing only for each model number submitted. Include product or order
codes and model names.
Specifications for each vehicle model number submitted.
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Pricing for all features, equipment and options included and available for all models being
offered. Include product or order codes and model names. Pricing should include credits for
deleting features from standard specifications.
Unit prices for all factory options.
Pricing for repair and maintenance service charges.
Unit prices for all listed manufacturers’ OEM factory options and packages. These prices
must include the cost of installation. All factory options offered as a “Delete” must be listed
separately under options.
All standard factory items/options/equipment must be bid.
o Proposers may insert rows for any typically purchased OEM factory options and
packages not already listed.
o Proposers should insert additional rows if they provide more than one line of
manufacturer for an item and may insert additional rows for additional typically
purchased items they provide, but that are not already listed on the Pricing Pages.
Pricing for repair and maintenance service charges including mobile service, vehicle
transportation, etc.
Extended Manufacturers Warranties.
Optional discounts; and
Extended Service Plans.
All prices provided in the price proposal, and therefore the prices quoted to municipal buyers through
this contract, must be inclusive of all costs, including labor and materials, and any fees, including the
contract administration fee. Proposers may not present the contract administration fee as a
separate line-item in either the price proposal or in quotes to municipal buyers.
In addition to the printed version of the Pricing Pages in their Price Proposal, Proposers are required
to submit an electronic version of the Pricing Pages as a single-file unlocked MS Excel compatible
spreadsheet.
Proposed pricing must only appear as part of the Price Proposal. Inclusion of proposed pricing in the
Technical Proposal will cause Proposer disqualification.
All prices quoted must be exclusive of Massachusetts sales tax, use tax and federal excise tax.
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Note: Proposers are encouraged to add additional features and options to the Pricing Pages. To do
so, Proposers must add those items to the Pricing Pages within the MS Excel compatible
spreadsheet. Those items listed on the Pricing Pages that Proposers do not offer should either be
deleted from the Pricing Pages, or “N/A” (Not Applicable) may be inserted in the price column.
Proposers may not substitute any Pricing Pages. Any submitted Pricing Pages that are not in
conformity with this bid requirement will be cause for bid disqualification.
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7 Evaluation Criteria
Proposals that meet the Minimum Quality Requirements will be evaluated according to the following
comparative evaluation criteria.
The Technical Proposals will be evaluated in the following categories:
Section 7.1 Experience & Qualifications
Section 7.2 Service
Section 7.3 Product Line
Section 7.4 Customer Support
Section 7.5 Quality of the Proposal 3
Described below are the characteristics that would make up a Highly Advantageous, Advantageous,
Not Advantageous, and Unacceptable response in each of those categories.
7.1 Experience and Qualifications
7.1.1 Proposer’s Experience in Providing Specified Vehicles to Municipal Government Market
Rating Criteria
Highly Advantageous The Proposer has five (5) or more years of experience in
providing specified vehicles to municipal government market.
Advantageous The Proposer has between two (2) and four (4) years of
experience in providing specified vehicles to municipal
government Market.
Not Advantageous The Proposer has less than two (2) years of experience in
providing specified vehicles to municipal government Market.
Unacceptable The Proposer has no experience in providing specified
vehicles to municipal government Market or response is
unclear/not provided.
3Please note that the Evaluation Committee will give greater weighting to Sections 7.1, 7.2, 7.3, and 7.4, than it will to
Section 7.5, which addresses the quality of the proposal.
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7.1.2 Proposer’s Experience with Municipal Government (number of customers)
Rating Criteria
Highly Advantageous The Proposer has provided supplies and services to 20 or
more municipalities during the last three (3) years experience
in providing supplies and services to the municipal market.
Advantageous The Proposer has provided supplies and services to 10 or
more municipalities during the last three (3) years.
Not Advantageous The Proposer has provided supplies and services to at least 3
municipalities during the last three (3) years.
Unacceptable The Proposer has provided supplies and services to fewer
than three (3) municipalities during the last three (3) years or
response is unclear/not provided.
7.1.3 Sales Personnel
Rating Criteria
Highly Advantageous The Proposer has three (3) or more trained and qualified
regional sales personnel who will make site visits to
municipalities during the term of the Contract and any
Contract extension period.
Advantageous The Proposer has two (2) trained and qualified regional sales
personnel who will make site visits to municipalities during
the term of the Contract and any Contract extension period.
Not Advantageous The Proposer’s has fewer than two (2) trained and qualified
regional sales personnel who will make site visits to
municipalities during the term of the Contract and any
Contract extension period.
Unacceptable The Proposer’s has no trained and qualified regional sales
personnel to will make site visits to municipalities during the
term of the Contract and any Contract extension period or
response is unclear/not provided.
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7.2 Service
7.2.1 Locations of Sales & Service Facilities
Rating Criteria
Highly Advantageous Proposer owns and operates multiple sales & service
facilities located in Massachusetts and New England with at
least one located within the Commonwealth of
Massachusetts.
Advantageous Proposer owns and operates only one sales & service facility
in Massachusetts, but is affiliated with multiple sales &
service facilities in Massachusetts and New England.
Not Advantageous Proposer owns and operates only one sales & service facility
and is not affiliated with other sales & service facilities in
Massachusetts and New England.
Unacceptable Locations and arrangements for sales and service is not
specified; or response is unclear/not provided.
7.2.2 Capacity of Service Facility
Rating Criteria
Highly Advantageous Proposer’s service location(s) simultaneously accommodate
more than 25 vehicles in various stages of prep, installation
and service and offers multiple service locations.
Advantageous Proposer’s service location(s) simultaneously accommodate
more than 15 but less than 25 vehicles in various stages of
prep, installation and service.
Not Advantageous Proposer’s service location(s) simultaneously accommodate
more than 5 but less than 15 vehicles in various stages of
prep, installation and service
Unacceptable Proposer’s service location(s) simultaneously accommodate
less than 5 vehicles or response is unclear/not provided.
7.2.3 Warranty and Non-Warranty Service
Rating Criteria
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Highly Advantageous Proposer is able to perform all warranty and non-warranty
service on the vehicles on-site. *Excludes any warranty
service that must be performed by an authorized component
warranty service provider (e.g. authorized Allison warranty
service center).
Advantageous Proposer is able to perform most, but not all warranty and
non-warranty service on the vehicle on-site. Warranty and
non-warranty services not performed by Proposer on-site are
performed by other qualified subcontractors that are
identified in the Technical Proposal. *Excludes any warranty
service that must be performed by an authorized component
warranty service provider (e.g. authorized Allison warranty
service center).
Not Advantageous Proposer is able to perform only minimal warranty and non-
warranty service on the vehicle on-site. Warranty and non-
warranty services not performed by Proposer on-site are
performed by other qualified subcontractors that are
identified in the Technical Proposal. *Excludes any warranty
service that must be performed by an authorized component
warranty service provider (e.g. authorized Allison warranty
service center).
Unacceptable Information on performance of warranty and non-warranty
service is not specified; or response is unclear/not provided.
7.2.4 Manufacturers’ Warranties Offered
Rating Criteria
Highly Advantageous Proposer offers all available manufacturers’ extended
warranties on all vehicles and components.
Advantageous Proposer offers all available manufacturers’ extended
warranties on all vehicles, but not on all components.
Not Advantageous Proposer offers manufacturers’ extended warranties, but not
on all vehicles or all components.
Unacceptable Proposer does not offer manufacturers’ extended warranties
or response is unclear/not provided.
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7.2.5 Availability of Mobile Service
Rating Criteria
Highly Advantageous Proposer maintains three or more service vehicles for mobile
service including one service truck with tool box.
Advantageous Proposer maintains one or two service vehicles for mobile
services.
Not Advantageous Proposer maintains only one service vehicle for mobile
service.
Unacceptable Proposer does not maintain service vehicles for mobile
service or response is unclear/not provided.
7.2.6 Access to Parts
Rating Criteria
Highly Advantageous Parts are available within twenty-four hours or less.
Advantageous Parts are available within forty-eight hours or less, but more
than twenty-four hours.
Not Advantageous Parts are available within seventy-two hours or less, but more
than forty-eight hours.
Unacceptable Parts are available in more than seventy-two hours; parts
availability is not specified; or response is unclear/not
provided.
7.2.7 Qualifications of Technicians/Mechanics
Rating Criteria
Highly Advantageous Five or more of the Proposer’s technicians/mechanics have
the skills and knowledge to perform on all products sold.
Advantageous Two, three or four of the Proposer’s technicians/mechanics
have the skills and knowledge to perform on all products
sold.
Not Advantageous Only one of the Proposer’s technicians/mechanics has the
skills and knowledge to perform on all products sold.
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Unacceptable Qualifications of technicians/mechanics is not specified; or
response is not clear.
7.2.8 Technicians/Mechanics Trained by Manufacturer
Rating Criteria
Highly Advantageous Five or more of the service provider’s technicians have
received direct training by the Manufacturer/ASE certification
for all products sold
Advantageous Two, three or four technicians of the service provider’s
technicians have received direct training by the
Manufacturer/ASE certification for all products sold.
Not Advantageous Service provider employs only one technician of the service
provider’s technicians have received direct training by the
Manufacturer/ASE certification for all products sold.
Unacceptable None of the service provider’s technicians have received
direct training by the Manufacturer/ASE certification for all
products sold or response is unclear/not provided.
7.2.9 Repair and Service Turnaround Time
Rating Criteria
Highly Advantageous Proposer guarantees same day service for all pre-scheduled
repairs and service.
Advantageous Proposer guarantees 24-hour service for all pre-scheduled
repairs and service.
Not Advantageous Proposer guarantees 48-hour service for all pre-scheduled
repairs and service.
Unacceptable Proposer’s guaranteed pre-scheduled repairs and service
exceeds 48 hours, or Proposer does not guarantee
turnaround times or response is unclear/not provided.
7.2.10 Vehicle Transport
Rating Criteria
Highly Advantageous Proposer provides vehicle pick-up and return at no cost to
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buyer.
Advantageous Proposer provides vehicle pick-up and return at cost to
buyer.
Not Advantageous Proposer provides vehicle pick-up only at cost to buyer.
Unacceptable Proposer does not provide vehicle pick-up or return services
or response is unclear/not provided.
7.3 Product Line
7.3.1 Availability of Vehicle Models Guarantee
Rating Criteria
Highly Advantageous Proposer offers all models for any given manufacturer/make
called for in the RFP for the vehicle make offered, along with
all factory options.
Advantageous Proposer offers 75% or more of the models for any given
manufacturer/make called for in the RFP for the vehicle
make offered and all factory options.
Not Advantageous Proposer offers 50% or more, but less than 75% of the
models for any given manufacturer/make called for in the
RFP for the vehicle make offered and all factory options.
Unacceptable Proposer offers less 50% of the models for any given
manufacturer/make called for in the RFP for the vehicle
make offered and all factory options or response is
unclear/not provided.
7.3.2 Alternative Fuel and Electric Vehicles
Rating Criteria
Highly Advantageous Proposer offers more than 3 vehicle models which are
alternative fuel vehicles (see definition in Section 4).
Advantageous Proposer offers 2 vehicle models which are alternative fuel
vehicles (see definition in Section 4).
Not Advantageous Proposer offers 1 vehicle model which is an alternative fuel
vehicle (see definition in Section 4).
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Unacceptable Proposer does not offer alternative fuel vehicles or response
is not clear or not provided.
7.4 Customer Support
7.4.1 Training
Rating Criteria
Highly Advantageous The response has clearly demonstrated the Proposer's ability
to provide comprehensive training of municipal staff.
Advantageous The response has stated the Proposer's intent to provide
comprehensive training of municipal staff.
Not Advantageous The response fails to clearly detail and substantiate the
Proposer's ability to provide comprehensive training of
municipal staff.
Unacceptable Response is unclear or not provided.
7.4.2 Technical Support
Rating Criteria
Highly Advantageous The response has clearly demonstrated the Proposer's ability
to provide technical support and replacement parts within 24
hours. Qualified staff capable of performing troubleshooting
and repairs for hardware and software is based within
Massachusetts, and a 24/7 technical support call center is
provided.
Advantageous Replacement parts and qualified staff capable of performing
troubleshooting and repairs for hardware and software can
arrive on site within a reasonable timeframe, and a 24/7
technical support call center is provided.
Not Advantageous The response fails to clearly detail and substantiate the
Proposer's ability to provide technical support and
replacement parts within a reasonable timeframe. No local
staff is provided and/or technical support hotline is not
available 24/7.
Unacceptable Response is unclear or not provided.
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7.4.3 Multiple Vehicles Delivery Guarantee
Rating Criteria
Highly Advantageous Proposer guarantees delivery of between 4 and 6 vehicles in
less than 20 business days of receipt of a purchase order.
Advantageous Proposer guarantees delivery of between 4 and 6 vehicles in
more than 20 days, but less than 30 days, of receipt of a
purchase order.
Not Advantageous Proposer guarantees delivery of between 4 and 6 vehicles in
more than 30 days, but less than 60 days, of receipt of a
purchase order.
Unacceptable Proposer does not guarantee delivery of between 4 and 6
vehicles in less than 60 days of receipt of a purchase order or
response is unclear/not provided.
7.5 Quality of the Proposal
7.5.1 Organization
Rating Criteria
Highly Advantageous Proposal strictly adheres to the prescribed instructions for the
organization of the Proposal.
Advantageous Proposal adheres to the prescribed instructions for the
organization of the Proposal with only minimal variation.
Not Advantageous Proposal contains major variations to the prescribed
instructions for the organization of the Proposal.
Unacceptable Proposal does not adhere to the prescribed instructions for
the organization of the Proposal.
7.5.2 Completeness
Rating Criteria
Highly Advantageous Proposal contains all required forms, lists, descriptions,
explanations, and supporting documentation.
Advantageous Proposal is missing only one or two required forms, lists,
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descriptions, explanations, and supporting documentation.
Not Advantageous Proposal is missing three or four required forms, lists,
descriptions, explanations, and supporting documentation.
Unacceptable Proposal is missing more than four required forms, lists,
descriptions, explanations, and supporting documentation.
7.5.3 Clarity
Rating Criteria
Highly Advantageous Proposal is clear in presentation of information without
redundancy.
Advantageous Proposal is clear in presentation of information with limited
redundancy.
Not Advantageous Proposal is not clear in presentation of information and
contains obvious redundancies.
Unacceptable Proposal is difficult to read and contains repeated
redundancies.
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8 RFP Process
8.1 Overview
This procurement process is comprised of the following elements:
This solicitation
Receipt of Proposals
Qualification of Proposers
Evaluation of Technical Proposals
Evaluation of Price Proposals
Determinations of Awards
Contract Executions
Program Implementation
Contract Extensions
While it is the intention of MAPC to award contracts by way of this procurement, MAPC reserves the
right to cancel all or any section of this solicitation if in its judgment doing so is in the best interest of
MAPC and eligible entities.
8.2 Decision to Use Request for Proposals
The MAPC Chief Procurement Officer and the GBPC have determined in accordance with M.G.L. c.
30B § 6 (a) that the procurement of public service vehicles and equipment for the GBPC Collective
Purchasing Program is best served by utilizing a quality based RFP process. Such a process will
enable MAPC and GBPC to evaluate key factors such as vendors’ qualifications, commitments to
service as well as the availability of a range of suitable products. It is important that MAPC and GBPC
have the ability to select the most advantageous proposals based on such factors in addition to cost.
8.3 RFP Availability
The RFP may be obtained on 10:00 a.m., July 30, 2018 at 10:00 a.m. Email requests must contain
Proposer’s:
contact person name
company name
street address, city, state and zip
phone and fax numbers, and email address
RFP documents will be emailed unless delivery via U.S. Mail is specified by the requestor.
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Contact:
Marjorie Weinberger 617.933.0724
Email [email protected]
g
Fax 617.423.0584
All questions and other communications related to this RFP should be directed to Marjorie
Weinberger at [email protected].
8.4 Proposers Conference
MAPC reserves the right to conduct a Proposers Conference for Proposers expecting to submit
proposals in response to this RFP on August 8, 2018 from 12:00 p.m. – 2:00 p.m. at the Walpole
Library, located at 143 School Street, Walpole, MA.
Proposers attending this conference will be expected to have thoroughly read the RFP and come
ready to ask questions relevant to this RFP particularly questions related to preparing proposals and
the evaluation criteria.
Following the conference, Proposers will be required to submit in writing via email any questions they
asked during the conference. MAPC will use those written versions of the questions and any follow
up questions to draft an addendum. This will ensure that MAPC fully understands Proposers’
questions, and will avoid misinterpretations of any verbal responses offered during the bidder
conference. MAPC will not provide, authorize, or honor any alleged oral responses that have not been
documented via an addendum.
8.5 Procurement Timeline
1. Advertise in Boston Herald July 30, 2018
2. Advertise in CommBUYS July 30, 2018
3. Advertise in Goods & Services
Bulletin July 30, 2018
4. Post to MAPC July 30, 2018
5. RFP Available July 30, 2018
6. Proposers Conference August 8, 2018
7. Last day to submit Written Questions August 13, 2018
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8. Last Addenda Issued August 20, 2018
9. Proposal Due Date August 24, 2018 at 12:00 PM
10. Anticipated Notice of Awards September, 2018
8.6 Rule of Award and Selection Process
MAPC and GBPC have determined that identification of the most advantageous proposals for the
goods and services called for in this RFP requires comparative judgment of factors in addition to
cost. An Evaluation Committee selected by MAPC and GBPC will evaluate proposals and recommend
awards by MAPC to the responsible and responsive Proposers whose proposals it determines to be
the most highly advantageous of those received. MAPC may request additional clarifying information
from a Proposer during this evaluation process
Contracts will be awarded to those Proposers deemed responsible and responsive. This will be
determined by evaluating Proposers against the quality requirements and evaluation criteria set out
above, and by considering the prices offered. Those Proposers identified as offering the most
advantageous proposals against these factors will be awarded contracts. In selecting proposals that
are not the lowest in cost, MAPC will explain in writing why the added benefits of the selected
proposals justify the higher prices. Although multiple contracts are expected to be awarded, the
number of awards will be determined on the basis of the competitiveness of the proposals received.
MAPC will promptly notify the Successful Proposers awarded contracts upon conclusion of the
evaluation process.
Except as provided elsewhere in this RFP, there will be no change in the terms and conditions,
proposal prices, or products/services offered during the contract periods.
8.7 Contract
MAPC will have the right to contract with the Successful Proposers identified by this RFP. MAPC may
opt to contract with one or more of the Successful Proposers for the goods and/or services to be
provided under this RFP.
A sample copy of MAPC’s standard contract can be found in Section 13. Proposers must be willing to
sign MAPC’s contract. MAPC will not accept a Proposer’s own terms & conditions.
This RFP document, any Addenda issued, all included forms and requirements, and Proposer's
proposal will be incorporated by reference into any resulting Contract, provided that where conflicts
are, terms, conditions and requirements peculiar to the specifications shall supersede.
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All relevant correspondence giving rise to obligations of the parties or clarification of the business
relationship defined by the aggregation of RFP related documents will be incorporated by reference
into any resulting Contract.
Successful Proposers’ proposals, including price proposals, must remain in effect for sixty days from
the date of the Proposal Due Date). MAPC will make all reasonable efforts to award contracts within
sixty days of the Proposal Due Date. The time for award may be extended for up to an additional
thirty days, for a total of ninety days, by mutual agreement between MAPC and the Successful
Proposers.
The Term of any contracts under this RFP will be for one year. Each contract will be eligible for up to
two additional one-year extensions. MAPC retains sole right to exercise extensions. Decisions to
extend contracts will be based on Proposer performance. In the event new contracts have not been
procured and awarded before the end of a 2nd contract extension, MAPC may elect to extend
contracts for an additional period of time until new contracts have been procured and awarded.
However, in no instance shall any contract term, including extensions, exceed three years in total.
MAPC is under no obligation to proceed with this project and may cancel this RFP at any time without
the substitution of another, if such cancellation is deemed in the best interest of the MAPC and/or
GBPC. MAPC is not responsible for any costs incurred by proposers in preparing and submitting their
proposals. MAPC reserves the right to reject any or all proposals, as well as the right to waive minor
irregularities in offers received. Furthermore, MAPC may issue a new or modified RFP, if doing so is
found to be in the best interest of MAPC and/or GBPC.
8.8 Authorization to Proceed
Upon receipt of executed contracts from vendors, MAPC will issue a written “Authorization to
Proceed” after which vendors must begin accepting orders in full compliance with the requirements
of this RFP and their Proposals within fifteen (15) days.
MAPC will notify GBPC and its members that Buyers may make purchases from the selected vendors
as executed contracts are received. MAPC will also provide downloadable versions of the RFP,
successful proposals, and executed contract documents on its website at
http://www.mapc.org/gbpc for the purpose of full disclosure and cross-referencing by Buyers.
Contracted Proposers will be required to implement without undue delay all other commitments
required by the RFP and their contract, as well as those voluntarily offered in their Proposals.
8.9 Post-Award Meeting
Contracted Proposers will be required to implement without undue delay all other commitments
required by the RFP and their contract, as well as those voluntarily offered in their Proposals.
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The Successful Proposer(s) will be required to attend a post-award meeting with MAPC and the GBPC
to discuss the terms and conditions of any contract. MAPC will coordinate this meeting, if necessary.
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9 Proposal Submittal
9.1 Proposal Packages
M.G.L. c. 30B § 6(b) requires the “separate submission of price.” Do not make reference to price in
the Technical Proposal. Failure to adhere to this requirement will result in disqualification.
Price Proposals and Technical Proposals must be submitted in separate, sealed packages.
The Sealed Technical Proposal displays on all outer
and inner packaging including shipping packaging
RFP#
Proposer Name
Proposal Due Date
The Sealed Technical Proposal Contains
One unbound paper original
Three bound paper copies
One electronic single-file, searchable PDF copy on a CD/DVD or USB memory stick
The Sealed Price Proposal displays on all outer and
inner packaging including shipping packaging
RFP#
Proposer Name
Proposal Due Date
The Sealed Price Proposal Contains
One unbound paper original
One electronic version on a CD/DVD or USB memory stick containing the same pricing
information as a single-file unlocked MS Excel compatible spreadsheet.
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9.2 Submittal
Submit proposals to:
Marjorie Weinberger
Metropolitan Area Planning Council
60 Temple Place, 6th Floor, Boston, MA 02111
No later than 12:00 p.m., ______, 2018 as read on the clock in the 6th floor MAPC lobby.
It is the sole responsibility of a Proposer to ensure that the proposal arrives on time at the
designated place. It is strongly encouraged recommended that proposals are mailed or delivered in
advance of the dues date and time.
If at the time of the scheduled proposal due date the designated site is unavailable due to
circumstances beyond the control of MAPC, the Proposal due date will be automatically postponed
(with or without notice to potential Proposers until 12 Noon at the same location on the next normal
business day. In the event the same location cannot be used to accommodate a postponement, the
proposal due date will be formally postponed with notification to all parties provided documents by
MAPC. Proposals will be accepted until any postponement time.
9.3 Questions & Addenda
Failure of any Proposers to read and become familiar with any portion of this RFP will not relieve
them from any of the obligations described herein, whether they may be required during review of
the proposals, or performance required under a contract. MAPC will not provide, authorize or honor
any alleged oral responses.
Proposers are asked to notify MAPC promptly of any ambiguities, inconsistencies or errors they
discover upon examination of the RFP. Questions and inquiries will not be answered directly. All
questions and requests for clarification must be received in writing via email to
[email protected] before ________, 2018 at 5:00 PM.
Responses to inquiries regarding interpretation or clarification that affect all Proposers and
corrections or changes to the RFP will be issued as Addenda. All Addenda will be posted on the
MAPC website, it will also be distributed via email to all parties that MAPC is aware have obtained the
RFP no later than the date above, unless notification otherwise has been sent to all parties. MAPC is
not responsible to ensure that bidders receive notice of any Addendum. It is up to the bidders to
frequently check the MAPC website for any Addenda.
If questions and requests for clarifications are received after the date indicated above, then MAPC,
in its sole discretion, will determine if additional addenda are required and whether to alter the
proposal due date. MAPC will advise all prospective Proposers of such activity.
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MAPC reserves the right to disqualify any Proposer that it believes to be interfering with this
procurement by raising irrelevant, nuisance, or diversionary issues in order to delay or render the
procurement invalid, whether timely or not.
Proposers should contact the MAPC contact above if they are concerned that they have not received
an addendum.
MAPC maintains a record of addenda sent to all parties who have received the RFP documents.
Confirmation of a successfully sent (i.e. received) email or the lack of a return Internet message that
an email delivery failed will be considered proof of delivery. To ensure that Proposers have taken all
addenda into consideration, acknowledgement of receipt of each addendum issued must be noted
in the space “Addendum #” provided on the Proposal Signature Page provided in this RFP.
9.4 Corrections, Modifications & Withdrawal of Proposals
Proposals must be unconditional. However, a Proposer may correct, modify, or withdraw a proposal
by written notice if received by MAPC prior to the proposal due date. Modifications must be
submitted in a sealed envelope clearly labeled “Modification No. __”. Each modification must be
numbered in sequence and must reference the original RFP.
Proposers may not, after the Proposal Due Date, change any provision of the proposal in a manner
prejudicial to the interest of MAPC, GBPC or fair competition. Minor informalities e.g. minor
deviations, insignificant mistakes, and matters of form rather than substance, will be waived or the
Proposer will be allowed to correct them. If a mistake is obvious and the intended correct wording,
figure or calculation is clearly evident on the face of the proposal document, the mistake will be
changed to reflect the apparent correct meaning and the Proposer will be notified in writing;
however, the Proposer may not withdraw the proposal. A Proposer may withdraw a proposal if a
mistake is clearly evident on the face of the proposal document, but the intended correct wording,
figure or calculation is not similarly evident.
9.5 Disclosure of Information
A register of the names of Proposers who have submitted proposals will be open for public
inspection following the opening of the technical proposals. Proposals will be confidential until the
completion of the evaluations, or until the time for acceptance specified in the RFP, whichever is
earlier. All submissions will be public records. Do not submit confidential materials.
Submission of a proposal shall be deemed acknowledgement that the Proposer is familiar with the
Massachusetts Public Records Law, M.G.L. c. 66 § 10 and is bound thereby. Disclosure of any
information provided by a Proposer in connection with this RFP shall be in strict accordance with the
laws and regulations regarding such disclosure pursuant to M.G.L. c. 66 § 10. To review copies of
proposals after contracts have been awarded, submit a written request in compliance with the
Massachusetts Public Record Law to the RFP contact person identified in this RFP.
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10 Terms and Conditions
By responding to this solicitation, Proposers agree to accept all terms and conditions as incorporated
by reference into any resulting contracts.
10.1 Pricing
Prices stated in proposals must F.O.B. Proposer’s location and include all charges, including vehicle
preparation, equipment installation and transfer, and all other amounts due upon delivery and
acceptance by the Buyer of a fully functional vehicle ready to be put into service. No additional
charges or prices other than those stated in proposals are authorized, nor will Buyers be obligated to
honor them.
Optional equipment not itemized in a Proposer’s proposal and which a Proposer will provide and/or
install at additional cost to the Buyer, must be otherwise acquired by the Buyer in compliance with
applicable Massachusetts procurement laws. Goods and/or services costing $10,000 or over must
be competitively procured and must be separately invoiced. Inclusion of such items as part of a
quote or invoice under this contract may be deemed a default by the Proposer and may void the
subject purchase. Proposers will remain liable to MAPC for the transaction fee associated with such
voided purchases.
Pricing shall include the following:
The complete price to be paid for the listed item
Delivery F.O.B. Proposer’s zip code
The Contract Administration Fee set out under “Orders and Contract Administration Fee” below
Vendors may, at their sole discretion, lower pricing at any time with MAPC’s prior written approval.
Such lowered pricing shall be available to all Buyers as of an approved effective date. Lowered
pricing may not be increased prior to the next contract period end date.
Vendors must provide MAPC and Buyers with timely notice and access to any fixed duration sale
pricing that is lower than contract pricing. Such fixed duration pricing shall be exempt from the
requirements of the preceding paragraph.
Vendors may not offer Buyers pricing that differs from authorized contract pricing without prior
written approval from MAPC.
Unless otherwise provided in this document, prices as proposed shall remain firm for the duration of
the contract and any extension options exercised.
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10.2 Pricing Adjustments
10.2.1 Contract Renewal Price Increases
Should MAPC choose to exercise any retained option(s) to renew the contract, Proposers may at that
time request an increase in contract price(s). Price increases will be allowed only in an amount equal
to a documented increase in the Proposer’s cost from the manufacturer of the vehicle(s) or
equipment, and/or manufacturer supplied options or accessories. Unless otherwise provided, in no
event shall any price increases allowed in accordance this provision exceed 10% per contract year.
If, as of the date of extension, or thereafter during the contract period, there has been a decrease in
price to the Proposer or in the item’s list price, the lower price must be offered to all eligible Buyers.
10.2.2 New or Replacement Models
In the event a new or replacement model is introduced during the term of the contract or extension
thereof, the Proposer may request an increase in the contract price for that model only, not to
exceed 5% of the original model listed in the Proposer’s Price Proposal. Such request will be granted
by the GBPC and MAPC only if the Proposer can satisfactorily demonstrate that the price offered is
based on the same discount as the item originally proposed and that any price increase is based
solely on an increase in the manufacturer’s base price for the new or replacement model. The
Proposer will be required to present copies of both old and new manufacturer price lists or other
documentation or statements directly from the manufacturer to support the request for price
increase.
Product models made obsolete by such replacements that remain in the Proposer’s stock must
remain available to Buyers at or below their originally quoted price.
10.2.3 Market-Wide Decrease
The unit prices Proposed are maximum prices. A Buyer shall be entitled to take advantage of any
market-wide decrease on any and all items covered under this contract and extensions thereof if the
price decrease is pervasive within the market.
The Proposer agrees to respond to any market decreases within thirty (30) days of identified pricing
decrease and to offer the lower price to all eligible Buyers.
This decrease in pricing must be pre-approved by the GBPC and MAPC.
10.2.4 Government Regulations
During the course of the term of a contract or contract extension, a Proposer may request a price
increase if there is a significant increase in cost to the Proposer due to a mandated change in
government regulations. An increase in price may be allowed, as determined by the GBPC and MAPC,
but in no event shall any increase allowed in accordance with this provision exceed 5% of the
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originally quoted price of the subject component. A price increase must be real and documentable,
and must currently affect a Proposer’s costs before MAPC will consider approving such an increase.
10.2.5 Outside Sourcing of Vehicles
If due to a municipal time constraints, the awarded bidder is required to source vehicles not within its
current stock; the awarded bidder and the municipality must in compliance with MGL c. 30B negotiate
any additional costs due to that outside sourcing. Any additional costs that arise out of those
negotiations will not be included on MAPC invoicing, nor shall MAPC assess any Contract Administration
fee as a result of any outside sourcing cost.
10.2.6 Steel Mill Products
Bid items which contain 90% steel, determined by MAPC, may be subject to a price escalation.
Adjustment in the prices will be based on the Producer Price Index (PPI) for Commodities for Metals and
Metal Products (Series ID WPU1017) published by the U.S. Department of Labor’s Bureau of Labor
Statistics. Publication occurs monthly in the PPI Detailed Report and can be found at
http:/www.bls.gov/ppi. The Index is not seasonally adjusted.
10.3 Subcontractors
If the Proposer intends to perform any or all work to this contract through subcontractor(s), the
subcontractor(s) names, business affiliations and addresses must be included with the technical
proposal and referenced to the appropriate prices in the price proposal. Proposers agree to be
responsible for and warrantee the work of subcontractors and to ensure their compliance with the
legal, quality and performance requirements of this RFP and the subject proposal. Proposers may
not use subcontractors not named in their proposal without the prior written consent of MAPC, which
will not unreasonably be withheld.
10.4 Performance
Proposers must begin accepting orders in full compliance with the requirements of this RFP and their
proposal(s) no later than fifteen days from the date of contract execution and without a break in
service between any subsequent contract extensions.
Proposers must accept orders immediately upon their presentation by Buyers and promptly provide
Buyers with written confirmation of receipt along with an anticipated delivery date and production
schedule to which it will be reasonably held.
A Proposer’s projected delivery date shall be binding except for reasonable documented delays
acceptable to the Buyer, or documented circumstances beyond the Proposer’s control. Extensions of
time resulting from such delays are subject to approval by the Buyer and may not be unreasonably
withheld.
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Proposer must inform MAPC in writing that the delivery of a purchased vehicle/s will be delayed in
excess of three (3) months beyond the delivery date agreed to by the Buyer and the Proposer.
Failure to provide such reporting of delivery delays may result in either the Proposer being an
determined by MAPC not to be a responsible bidder for future MAPC procurements; and/or MAPC
reserves the right to terminate any resulting contract from this RFP with the Proposer.
If a Proposer fails to comply in a timely manner with the requirements of this section, “Performance”,
the purchasing GBPC Member shall have the right to cancel its purchase without recourse by the
Proposer, provided the Buyer serves the Proposer with a written demand to perform, citing its intent
to cancel its purchase order if performance does not occur within three full business days of delivery
of the demand, which may be conveyed by email, fax or other method that verifies delivery by
electronic or witnessed means.
10.5 Method of Acquisition
Purchases by eligible parties may be outright purchases, leases, or lease-purchases.
By mutual agreement of the vendor and participating municipality, commercial credit cards (e.g.
American Express, MasterCard, etc.) may be used to make purchases.
10.6 Delivery & Inspection
Delivery by the Proposer of new vehicles or newly equipped vehicles will be at the Buyer’s discretion.
Proposers must include a mileage based delivery charge in their Price Proposal.
Buyers will responsible for inspecting all vehicles and equipment to ensure that the products
received as “as ordered.”
10.7 Acceptance
The Proposer shall deliver the specified items that fully comply with all requirements for the
processing of an invoice.
Buyers may take a reasonable period of time to inspect delivered items to determine their
compliance and acceptability, and to process any resulting payment.
If a Proposer sells a vehicle to a Buyer who plans on having that vehicle up-fitted by another vendor,
the Buyer shall immediately inspect and provide written acceptance to the Proposer before
transferring the vehicle to the up-fitter.
10.8 Formal Transfer of Ownership
Formal transfer of ownership of vehicle(s) from the Proposer to the Buyer shall occur only after
acceptance has been documented in writing by the Buyer and received by the Proposer.
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10.9 Product Substitution
Substitutions of items listed in a quote for which a purchase order, or other written commitment to
purchase, has been issued by a Buyer are permissible only with written notice to the Buyer by the
Proposer and written authorization of the substitution by the Buyer. Buyers are responsible to satisfy
themselves prior to “Acceptance”, as described above, that unauthorized substitutions have not
been made. Buyers shall retain the right to accept or reject delivery of any unauthorized substitute
item and the vehicle or other equipment of which it is a part. Deliveries so rejected are subject to the
terms under “Acceptance”, above. Unauthorized substitutions accepted by the Buyer shall be at the
total expense of the Proposer, including the cost of the item and installation.
10.10 Quotes to Buyers/MAPC
All quotes to Buyers must be traceable to the Proposer’s technical and price proposals and must list
pricing on a line by line basis showing the base cost of the vehicles and all options including credits
for any deletion of standard features.
Quotes must be submitted by the Proposer to both the Buyer and MAPC for verification that the
quote tracks with contract pricing before a Purchase Order is issued by a Buyer. MAPC will review the
pricing within three business days and report back to both the Proposer and Buyer that the pricing
offered is in compliance with the contract and that the Buyer may proceed with placing the order.
10.11 Invoicing
All invoices must be traceable to the Proposer’s quote and its technical and price proposals and
must be accompanied by a copy of the Proposer’s quote to the Buyer that is the basis of the invoice.
The name of the Proposer’s technician that provided the training required in the section entitled
“Training and Installation” and the date the training occurred shall be noted on the invoice.
Municipal governments are exempt from Massachusetts sales tax and U.S. excise tax. Tax
exemptions apply where state and federal tax exempt numbers have been provided to Proposers.
Proposers may not invoice Buyers prior to receipt of written acceptance of the vehicle(s) purchased.
Buyers shall have the right to withhold less than 10% of the total amount of an invoice pending
satisfactory fulfillment of an order including outstanding items. Payment of withheld amounts shall
be made within sixty days of Buyer acceptance or satisfactory remedial action required of the
Proposer.
MAPC and GBPC are agents of the Buyers and is not a party to transactions between Proposers and
Buyers. Accordingly, payment for the provision of vehicles, equipment, goods, or services subject to
this contract shall be the sole responsibility of the Buyer and shall not be an obligation of MAPC, nor
shall MAPC be liable for any breach of Proposer responsibility, or for pursuit of Buyers’ contractual
rights.
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Buyers are not obligated to make payment to Proposers other than in a manner and on a schedule
consistent with their normal payment processes and as bound by normal commerce. Payments shall
be made in U.S. dollars. Proposers may not require cash payment nor accept cash for any
transaction associated with this RFP.
10.12 Reporting Orders
All prices quoted to Buyers shall be in writing on Proposer’s letterhead or quote forms.
Proposers are required to report all orders placed by Buyers under this contract to MAPC within five
business days of the date on the order.
Documentation provided to MAPC must include copies of the Proposer’s quote referencing the price
list in its proposal, vehicle VIN number, factory confirmation number, and the Buyer’s authorized
commitment to purchase (e.g. purchase order, contract, commitment letter, etc.).
Any Proposer supplied quote, order form, or similar shall not include terms and conditions that
conflict with the terms and conditions of this RFP and any contract between the Proposer and MAPC
and that are less favorable to the Buyers.
10.13 Contract Administration Fee
Vendors will be required to pay to MAPC a Contract Administration Fee of 0.80 % (eight tenths of one
percent) of the total delivered price of all items purchased through all resulting contracts, not to
include trade-in reductions in price. MAPC, in consultation with GBPC, may lower, but will not
increase, the Contract Administration fee at any time during the term of this contract, in which case
the cost reduction to the Vendor shall be reflected as a discount on the quotes provided to Buyers.
Basic Fee 0.80% of the total delivered price of all items
purchased not to include trade-in reduction in price.
Fee Limit Contract Administration Fees cannot exceed $3,500
for any vehicle or equipment purchased. This would
apply to vehicles and equipment for which the
delivered contract price is equal to or greater than
$437,500.00.
MAPC will assign a tracking number to written orders and will provide Vendors with an invoice after
which payment of the Contract Administration Fee is due from the Vendor to MAPC within thirty days
of payment by Buyer of Vendor’s Invoice. MAPC reserves the option to invoice Contract
Administration fees for individual purchases or to batch multiple purchases from the same Buyer as
it deems practical.
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These documentation requirements and the Contract Administration Fee shall apply to all
transactions regardless of financing arrangement.
10.14 Contract Administration and Auditing
A Vendor, by submitting a proposal, grants MAPC or its qualified agent open and free access to all
records and books of account bearing evidence of business transactions under this contract and
otherwise relating to goods sold to GBPC Members that are the subject of this contract.
Additionally, a Vendor must make available to MAPC upon request, copies of documentation
sufficient for MAPC to determine that Vendor is in compliance with all aspects of the contract
including placement of initial orders, on-hand inventory requirements, and other performance
criteria.
A Vendor shall be determined to be in compliance with the contract when it is shown that Vendor,
through its own actions, has timely met and is presently meeting all obligations as set forth in the
contract documents. MAPC will audit a Vendor’s records as often as it deems necessary.
If after such audit, a Vendor is found to be not in compliance with the contract, the Vendor shall be
given a reasonable time to cure. If after such reasonable time, the Vendor has not cured and
continues to be in non-compliance, the Vendor shall be considered in breach and the contract shall
be terminated pursuant to its termination provisions.
Vendors agree to be bound by the terms and conditions of the contract documents through any audit
period or until sooner released in writing by MAPC.
Vendors agree to immediately pay MAPC any and all Contract Administration Fees unpaid and due as
a result of any MAPC audit. Individual vendors should pay Contract Administration Fee to MAPC
directly, whether they are the lead contractor or a sub-contractor, and not transmit all payments
through the lead contractor.
At a minimum, MAPC will contact Vendors within ninety days after the end date of the initial contract
term and any contract extensions thereof as a step in closing out a contract term and to remind
Vendors of their obligations for reporting orders, paying Contract Administration Fees, etc. under the
contract. MAPC and GBPC staff may make periodic site visits to vendors to ensure contract
compliance. Proposers with whom MAPC has had prior contractual relationships, who have in the
past demonstrative a pattern of failure to pay the Contract Administration Fees in a timely and
accurate manner may be disqualified as bidders found to be “not responsible”.
10.15 Trade-Ins
Vehicle trade-ins are authorized to be considered in accordance with M.G.L. c. 30B § 15(a) which
provides that “a governmental body shall dispose of a tangible supply, no longer useful to the
governmental body but having resale or salvage value, in accordance with this section.” Trade-in
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value shall be determined by industry acceptable standards i.e. Kelly Blue Book and shall be
specifically identified in quotes to Buyers as credits against total itemized costs.
10.16 Training and Orientation
A qualified instructor shall be supplied by the bidder to instruct operating and maintenance
personnel if so requested by a buyer of products subject to this RFP. The time and place of training
shall be by agreement, preferably in a location central to those buyers requesting instruction.
10.17 Installation by Other than the Proposer
Buyers may purchase equipment from contracted Proposers to be installed by others. In such cases,
the Proposer shall be released of all responsibility beyond customary product warranty obligations
normally assigned to a dealer. Buyers electing this option do so at their own risk and are subject to
applicable Massachusetts procurement laws. Buyers may engage the Proposer to provide a qualified
technician to guide and assist with the work at a pre-determined per diem price, including travel and
lodging as contained in Proposer’s price proposal. The Proposer shall be liable for all work and
instruction provided by its agent.
Any equipment acquired from the Proposer under this contract and installed by others at the
Proposer’s initiative or recommendation will be considered work performed by a subcontractor and
subject to the approved subcontractor standards and procedures of this RFP.
10.18 Parts
Proposers shall guarantee the availability of OEM or equivalent replacement parts for all vehicles,
equipment, components, and fabrications delivered or installed under this contract for a period
equal to the useful life of the equipment, or for a period of not less than five years, whichever is
greater.
10.19 Indemnification
The Proposer shall indemnify, hold harmless and defend MAPC, and GBPC, and their respective
officers, agents, and employees from all liability of any nature or kind, including costs and expenses
for all actions or claims resulting from injuries or damages sustained by any person or property
arising directly or indirectly as a result of any error, omission or negligent or wrongful acts of the
Proposer, subcontractor or anyone directly or indirectly employed by them in performance of this
contract.
10.20 Insurance
Delivered vehicles left with a Buyer for it to determine compliance shall remain the sole responsibility
of the Proposer as to liability for damages related to its presence at the Buyer’s location, its
performance while in use by the Buyer and its transportation to and from the Buyer’s location.
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Buyers will assume liability for damages attributable to their neglect, abuse or misuse through
careless or improper application, or failure to provide adequate shelter or security.
10.20.1 Insurance
Successful Proposers shall at all times during the term of the contract maintain insurance coverage
adequate to meet its obligations under this contract and shall provide MAPC will certification of such
as a condition of award if requested. This insurance shall be provided at the Proposer's expense and
shall be in full force and effect during the full term of this Contract.
WORKER'S COMPENSATION
Worker's Compensation: Per M.G.L. c. 149 § 34A and M.G.L. c. 152 as
amended.
COMMERCIAL GENERAL LIABILITY
Personal Injury $500,000 each occurrence
$1,000,000 aggregate
Property Damage $500,000 each occurrence
$1,000,000 aggregate
VEHICLE LIABILITY
Personal Injury $500,000 each person
$1,000,000 aggregate
Property Damage $300,000
MAPC and GBPC shall be named as additional insured at the time of and for the duration of the
contract.
10.21 Publicity and News Releases
Selected Proposers shall not make any pronouncements or news releases pertaining to this
solicitation for proposals, the award of a contract, or interim and final work products without prior
approval from MAPC.
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10.22 Catalogs
All Selected Vendors awarded contracts must produce and distribute a printed catalog to all GBPC
members. The catalog must clearly indicate on its cover that it contains the products available to
buyers through the “MAPC/GBPC Collective Procurement Program” using the GBPC and MAPC logos
provided by MAPC.
The catalog shall describe all vehicles under the contract along with base vehicle prices,
descriptions, and the percentage discount off manufacturer’s pricing for all available factory options
and packages.
MAPC/GBPC must be given at least two weeks to review and approve the proposed catalog prior to
printing and distribution.
In addition, all Vendors awarded contracts must provide a web landing page for GBPC buyers that
provides access to complete product listings and contract pricing equivalent to those in the printed
catalogs.
Paid advertising will be permitted, but only for products, product lines and manufacturers of products
under contract.
Catalogues must be distributed and websites activated within 3 months of contract execution.
Failure to have the catalog distributed and available on websites, may in MAPC’s discretion, be found
to be grounds for contract termination.
10.23 False Representations
Pursuant to M.G.L. c. 266 § 67A, anyone in any matter relative to the procurement of services who
intentionally makes a material statement that is false, omits or conceals a material fact in a written
statement, submits or invites reliance on a material writing that is false, submits or invites reliance
on a sample or other object that is misleading, or uses any trick, scheme or device that is misleading
in a material respect will be subject to sanction pursuant to the laws of the Commonwealth of
Massachusetts.
10.24 Miscellaneous
Where a conflict in requirements is apparent between the Terms and Conditions and any
Specifications, the Specifications shall control.
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11 Required Signature Forms Checklist
The following pages contain forms must be executed by the Proposer and submitted with the
proposals.
1. Cover Letter (template to be typed on Proposer’s letterhead)
2. Proposal Signature Page
3. Certificate of Non-Collusion
4. Certificate of Tax Compliance
5. Conflict of Interest Certification
6. Certificate of Compliance with M.G.L. c. 151B
7. Certificate of Non-Debarment
8. Additional Certifications
9. Minimum Quality Requirements
10. Price Proposal Signature Page
11. Pricing Pages
The following requirements and cautions apply to all proposals and all forms.
Proposals must be signed by a duly authorized officer(s) eligible to sign contract documents
for the firm. Proof of such authorization must be included.
Consortiums, joint ventures, or teams submitting proposals will not be considered responsive
unless it is established that all contractual responsibility rests solely with one contractor or
one legal entity.
The Proposal must indicate the contracting entity, which must also be the signatory on all
documents.
Proposers should be aware that joint responsibility and liability will attach to any resulting
contract and failure off one party in a joint venture to perform will not relive the other party or
parties of total responsibility for performance.
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
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Cover Letter
Using this template, provide an originally signed letter on company letterhead.
Marjorie Weinberger
Metropolitan Area Planning Council
60 Temple Place, 6th Floor
Boston, MA 02111
Re: RFP#: GBPC 2019 Vehicles
Dear Ms. Weinberger,
In response to your Request for Proposals (“RFP”), [insert name of Proposer] (“the Proposer”) hereby
submits our Proposal to provide Public Service Vehicles and Factory Options to the Greater Boston
Police Council (“GBPC”) and its Members.
We propose to offer the following make vehicles [Make name or names] as an [Authorized Franchise
Dealer and/or Authorized Service Center”]. (If not an Authorized Franchise Dealer Proposer must
name the franchise dealer who will be providing the vehicles.)
We offer the following commitments and representations to Metropolitan Area Planning Council
(“MAPC”) and GBPC:
1. The undersigned is authorized to submit this Proposal on behalf of the Proposer and to bind
the Proposer to its terms. We have fully reviewed the RFP and any and all addenda thereto,
and we fully understand the scope and nature of the RFP and contractual arrangements for
which Responses are being requested.
2. Our Proposal has been prepared and is being submitted without collusion, fraud, or any other
action taken in restraint of free and open competition for the response to this RFP.
3. Neither the Proposer nor any of its employees or representatives is currently suspended or
debarred from doing business with any governmental entity.
4. Neither the Proposer, nor any of its employees or representatives is currently the subject of
or party to a Massachusetts public employee conflict of interest action or investigation.
5. The Proposer is not a party to any pending or current litigation that might adversely affect its
performance on this project.
6. The Proposer has not filed for bankruptcy protection in the last seven years. If the Proposer
has filed for bankruptcy protection in the last seven years, the Proposer must describe the
circumstances that led to the filing, the ultimate disposition of the matter, the current
situation and substantial, detailed evidence of the Proposer's financial ability to complete
this project if selected.
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7. The Proposer has no business dealings with countries or organizations that fund or support
terrorist activities anywhere in the world.
8. We certify that all of the information provided in our Proposal is true and accurate and that
MAPC and GBPC may rely on such information in the evaluation of our Proposal. We have
read and understand the evaluation criteria in the RFP. We accept that MAPC reserves the
right to waive informalities and to reject in whole or in part any or all Proposals. We accept
that the MAPC Evaluation Committee reserves the right to select the Proposals that they view
as the most advantageous on the basis of the evaluation criteria listed in the RFP.
9. We agree to take full responsibility for all costs of preparing this Proposal. We waive any and
all claims against MAPC, GBPC, their employees, representatives, agents, and members
related to the cost of preparing, submitting and having MAPC review and evaluate this
Proposal.
10. We have read and understand the product requirements and standards specified in this RFP,
and certify that any and all vehicles, and equipment offered in response to this RFP meet or
exceed those requirements and standards.
Sincerely,
[Insert name of Proposer]
By: [Insert signature of authorized representative]
[Print or Type Name of authorized representative]
[Street Address]
[City, State, Zip]
[Telephone]
[Email]
[Date]
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
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Proposal Signature Page
The accompanying Forms & Documentation are hereby submitted as a Proposal in response to the subject
RFP. All information and statements are true, accurate and binding representations of its intentions and
commitments in responding to this RFP.
________________________________ ______________________________
Company Name Contact Person
_______________________________ ______________________________
Street Phone
________________________________ ______________________________
City, State, Zip Fax
________________________________
Proposer acknowledges receipt of the Request for Proposals (RFP) and Addendum No(s).______________,
dated _______________________, and submits the attached proposal for this Request for Proposals to the
Metropolitan Area Planning Council (MAPC), on the authority of the undersigned and as dated below who by
signing confirms and pledges to abide by and be held to the requirements of this RFP and its resulting
contract, to perform any tasks and deliver any documents required, and to execute a Contract with the MAPC.
Authorized Agent of the Proposer:
________________________________
Signature (blue ink please)
________________________________
Printed Name (If a corporation, attach certificate of vote or
__________________ apply corporate seal here)
Title
_____________________
Date
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Certificate of Non-Collusion
As required under Chapters 233 and 701 of the Massachusetts Acts and Resolves of 1983 and as
required under M.G.L. c. 30B certification must be made to the following by signing in the space
indicated below. Failure to offer such signature will result in rejection of the proposal.
“The undersigned certifies under penalties of perjury that this proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word person shall mean any natural person, business, partnership, corporation,
union, committee, club or other organization, entity, or group or individuals.”
Authorized Agent of the Proposer:
________________________________ ________________________________
Signature (blue ink please) Name (as used for tax filing)
________________________________ ________________________________
Printed Name SS# or Federal ID#
________________________________ _____________________
Title Date
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Certificate of Tax Compliance
“Pursuant to M.G.L. c. 62C § 49A, I certify under the penalties of perjury that to my best knowledge
and belief the undersigned has complied with all laws of the Commonwealth relating to taxes,
reporting of employees and contractors, and withholding and remitting child support.”
Authorized Agent of the Proposer:
________________________________ ________________________________
Signature (blue ink please) Name (as used for tax filing)
________________________________ ________________________________
Printed Name SS# or Federal ID#
________________________________ _____________________
Title Date
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
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Conflict of Interest Certification
The Proposer hereby certifies that:
1. The Proposer has not given, offered, or agreed to give any gift, contribution, or offer of
employment as an inducement for, or in connection with, the award of a Contract pursuant to
this RFP.
2. No consultant to, or subcontractor for, the Proposer has given, offered, or agreed to give any
gift, contribution, or offer of employment to the Proposer, or to any other person, corporation,
or entity as an inducement for, or in connection with, the award to the consultant or
subcontractor of a Contract by the Proposer.
3. No person, corporation, or other entity, other than a bona fide full time employee of the
Proposer has been retained or hired to solicit for or in any way assist the Proposer in
obtaining a Contract pursuant to this RFP upon an agreement or understanding that such
person, corporation or entity be paid a fee or other compensation contingent upon the award
of a Contract to the Proposer.
4. Proposer understands that the Massachusetts Conflict of Interest Law, M.G.L. c. 268A,
applies to the Proposer and its officers, employees, agents, subcontractors, and affiliated
entities with respect to the transaction outlined in the Request for Proposals.
5. Proposer understands that the Proposer and its officers, employees, agents, subcontractors,
and affiliated entities, shall not participate in any activity which constitutes a violation of the
Massachusetts Conflict of Interest Law or which creates an appearance of a violation of the
Massachusetts Conflict of Interest Law.
Authorized Agent of the Proposer:
________________________________ ________________________________
Signature (blue ink please) Name (as used for tax filing)
________________________________ ________________________________
Printed Name SS# or Federal ID#
________________________________
Title
_____________________
Date
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Certificate of Compliance with M.G.L. c. 151B
The Proposer hereby certifies that it is in compliance with and shall remain in compliance with M.G.L.
c. 151B and shall not discriminate on any prohibited basis outlined therein. The Proposer also
hereby certifies that it shall comply with any and all applicable Commonwealth of Massachusetts
Supplier Diversity Office (SDO) thresholds that have been established in conjunction with this
Request for Proposals.
Authorized Agent of the Proposer:
________________________________ ________________________________
Signature (blue ink please) Name (as used for tax filing)
________________________________ ________________________________
Printed Name SS# or Federal ID#
________________________________
Title
_____________________
Date
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Certificate of Non-Debarment
The Proposer hereby certifies that it is presently not debarred, suspended, or otherwise prohibited
from practice by any federal, state, or local agency, and that, should any proceeding arise in which it
is debarred, suspended, or otherwise prohibited from practice by any federal, state, or local agency,
the Proposer shall inform the MAPC and involved municipalities within one (1) business day of such
debarment, suspension, or prohibition from practice.
Authorized Agent of the Proposer:
________________________________ ________________________________
Signature (blue ink please) Name (as used for tax filing)
________________________________ ________________________________
Printed Name SS# or Federal ID#
________________________________
Title
_____________________
Date
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Additional Certifications
I certify that all information, statements, and pricing made in my Proposal are true, accurate, and
binding representations of the Proposer’s intentions and commitment in responding to this RFP. Any
such representations that exceed the minimum requirements of the RFP constitute legal obligations
on the part of the Proposer to perform as stated and that failure to so perform may be used by MAPC
as grounds to terminate the my contract.
I certify that pursuant to 28 CFR Part 42.204 (d) my employment practices comply with Equal
Opportunity Requirements and comply with 28 CFR Part 42.202 and that my organization complies
with the Americans with Disabilities Act.
Authorized Agent of the Proposer:
________________________________ ________________________________
Signature (blue ink please) Name (as used for tax filing)
________________________________ ________________________________
Printed Name SS# or Federal ID#
________________________________
Title
_____________________
Date
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Minimum Quality Requirements
In order for a Proposal to receive further consideration, Proposer must unconditionally check “Yes” to
each Quality Requirement below. Proposers must provide evidence and attestation supporting their
ability to meet each of the Minimum Quality Requirements. A Proposal will be rejected in its entirety
if a Proposer fails to check “Yes”, or who modifies, qualifies, or limits its affirmative response in any
way.
Circle “Yes” or “No” for each of the following requirements:
a. Actively engaged in the sale, outfitting and service of the vehicles, options, and
equipment solicited by this RFP. Provide evidence in Tab 3 – Experience & Qualifications
in Proposer’s technical proposal.
Yes No
b. Able to provide proof that Proposer is itself a Massachusetts Licensed Class I Dealer of
the vehicles solicited in this RFP, in accordance Massachusetts General Laws, Chapter
140, Section 58(b) and applicable Massachusetts’ Regulations. Alternatively, Proposer
can demonstrate that it will obtain vehicles solicited in this RFP from a manufacturer
authorized Class 1 Dealer. Proposer must provide evidence of either their current Class 1
Dealer’s License, or a current and valid contract with a manufacturer’s authorized Class
1 Dealer in Tab 3 – Experience & Qualifications in Proposer’s technical proposal.
Yes No
c. Able to sell and service the vehicles and equipment offered within all New England states
absent dealer, distributor or franchisee territorial limitations. Provide evidence in Tab 4 –
Service in Proposer’s technical proposal.
Yes No
d. The Proposer must have been in business for at least three (3) years. Provide evidence in
Tab 3 – Experience & Qualifications in Proposer’s technical proposal.
Yes No
e. Able to document sales to at least five government customers in the past two calendar
years. Proposers must provide the name and telephone number of a contact person in
each of the municipal or government entities used to satisfy this requirement. Provide
evidence in Tab 6 – References in Proposer’s technical proposal.
Yes No
f. Able to document proof of certification or eligibility as a manufacturer’s authorized
warranty service provider for the products being offered. Provide evidence in Tab 5 –
Warranties in Proposer’s technical proposal.
Yes No
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g. Legally in possession of and physically occupying a facility suited to providing the sales
and service support required of the business volume anticipated by this RFP. Provide
evidence in Tab 4 – Service in Proposer’s technical proposal.
Yes No
h. In possession or control of an existing public website used to market the products and
services offered. Provide evidence in Tab 4 – Service in Proposer’s technical proposal.
Yes No
Authorized Agent of the Proposer:
________________________________ ________________________________
Signature (blue ink please) Name (as used for tax filing)
________________________________ ________________________________
Printed Name SS# or Federal ID#
________________________________
Title
_____________________
Date
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Reference Form
Proposers must provide at least three written references from buyers within the last three years.
Proposers must use the questions below and the reference must complete and sign the form.
Answer the following questions:
a. Please describe your experience working with the bid proposer? For how long?
Does it continue today?
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
b. Please detail what services the bid proposer has provided to you in the past.
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
c. Were there any times where the quality of the products or installations were of poor
quality? If so, how was it handled?
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
d. Were deliveries delayed during your Agreement with bid proposer? If so, how were they
handled?
___________________________________________________________________________
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__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
e. How would you describe the bid proposer’s reliability in delivering what was ordered, on
time and within cost?
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
f. Please describe billing/invoicing practices: Any inaccuracies? Any unforeseen costs?
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
g. What was the bid proposer’s response time and resolution time for any questions or
complaints?
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
h. How would you describe your customer services experiences?
___________________________________________________________________________
__________________________________________________________________________
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___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
i. How would you rate the bid proposer’s performance?
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
j. Anything else you would like to share that would be helpful to MAPC and the GBPC. Feel
free to make additional comments below.
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
________________________________ ________________________________
Reference Signature Reference Printed Name
________________________________ ________________________________
Reference Company Reference Title
________________________________
Reference Email
_____________________
Date
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Price Proposal Signature Page
The undersigned proposes to provide products and services to the members of the Greater Boston
Police Council in accordance with the Request for Proposals (RFP) cited above. The Price Proposal
attached to this page includes all products and services offered in Proposer’s Technical Proposal per
the terms and specifications stated in the RFP and incorporated into the Technical Proposal. The
prices offered are guaranteed not to change except as permitted by the terms and conditions of the
RFP and the signed contract. The prices offered account for all charges to be expected by Buyers. No
other charges will be invoiced to Buyers under this Proposal and any resulting contract.
The attached document recites all pricing in the manner required by the RFP.
The electronic files required by the RFP are enclosed.
Authorized Agent of the Proposer:
________________________________ ________________________________
Signature (blue ink please) Name (as used for tax filing)
________________________________ ________________________________
Printed Name SS# or Federal ID#
________________________________
Title
_____________________
Date
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
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12 Pricing Pages
Price Proposals must provide pricing for all models, options, packages, and equipment listed on the
following pages
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13 Sample Contract The following pages contain a sample contract that MAPC will enter into with the selected
Proposer(s).
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SAMPLE CONTRACT FOR GOODS AND SERVICES
BY AND BETWEEN
METROPOLITAN AREA PLANNING COUNCIL
AND
INSERT VENDOR’S NAME
This AGREEMENT, dated __________________________, is made and entered into by and between
the Metropolitan Area Planning Council [“MAPC”], a public body politic and corporate, established by
Chapter 40B, Sections 24 through 29 of the Massachusetts General Laws, with its principal office at
60 Temple Place, Boston, Massachusetts 02111, acting as the collective purchasing agent for the
Greater Boston Police Council, Inc. [“GBPC”] and its Members [“Buyers”] pursuant to Chapter 7,
Section 22B of the Massachusetts General Laws and without liability to MAPC, and Insert Vendor’s
Correct Legal Name ["Vendor"], with its principal office at Vendor’s Address.
Witnesseth that the parties AGREE as follows:
Article I
General Description of the Work
1. Pursuant to the Terms and Conditions of this AGREEMENT, including any Additional and
Special Terms and Conditions listed in Exhibit C, the Request for Proposals [“RFP”] – RFP No.
GBPC 2019 Vehicles attached in Exhibit B; and the Vendor’s Price Proposal and Technical
Proposal attached in Exhibit F, MAPC hereby engages the Vendor to provide the following
goods and/or services to the Buyers: Public Service Vehicles and Equipment.
Article II
Services of the Vendor
2. The Vendor will provide the goods and/or services as described in the RFP cited in Article 1
(above).
3. The Vendor shall report, and be responsible, to MAPC or its designee as set forth on Exhibit A.
4. There shall be no amendment to this AGREEMENT without the written approval of MAPC.
MAPC shall be under no obligation to pay for any goods provided or services performed by the
Vendor.
5. The Vendor represents and warrants to MAPC as follows:
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i. That it and all its personnel (whether employees, agents or independent Vendors) are
qualified and duly licensed as required by law and/or local municipal code to provide
services and/or goods required by this AGREEMENT.
ii. That it further agrees to perform services, including manufacturing, in a professional
manner adhering to a reasonable standard of care and in accordance with all
applicable State or Federal laws, rules and regulations.
iii. That it will obtain any and all permits, bonds, insurances and other items required for
the proper and legal performance of the work.
iv. That it is not a party to any AGREEMENT, contract or understanding, which would in
any way restrict or prohibit it from undertaking or performing its obligations
hereunder in accordance with the terms and conditions of this AGREEMENT.
Article III
Performance of the Vendor
6. In the performance of service under this AGREEMENT, the Vendor acts at all times as an
independent contractor. There is no relationship of employment or agency between MAPC, on
the one hand, and the Vendor on the other, and neither party shall have nor exercise any
control or direction over the method by which the other performs its work or functions aside
from such control or directions as provided in this AGREEMENT which the parties view as
consistent with their independent Vendor relationship.
7. The Vendor agrees to be responsible for and warrantee the work of its subcontractors listed in
Exhibit D and to ensure their compliance with all legal, quality and performance requirements
of the Request for Proposals [“RFP”] – RFP No. attached in Exhibit B; and the Vendor’s Price
Proposal and Technical Proposal attached in Exhibit F. The Vendor may not use subcontractors
not named in Exhibit D without the prior written consent of MAPC, which will not unreasonably
be withheld.
Article IV
Time of Performance
8. Time shall be of the essence in relation to Vendor’s performance under this AGREEMENT.
Vendor shall complete performance as promised in its quote that accompanies the Buyer’s
purchase order or other document confirming its authorization to the Vendor to proceed.
Reasonable extensions shall be granted by the Buyer at the written request of the Vendor,
provided the justifying circumstances are documented by and are beyond the reasonable
control of Vendor and without fault of Vendor. In the event of such an extension, all other
terms and conditions of this AGREEMENT, except the dates of commencement and completion
of performance, shall remain in full force and effect between the parties unless modified in
writing.
9. In the absence of such an extension, liquidated damages shall be due the Buyer in the amount
of 0.1% (one-tenth of one percent) of the face value of the Vendor’s quoted or modified
purchase price for each day performance exceeds the promised date(s). Such liquidated
damages may be acknowledged in Vendor’s final invoice or taken by Buyer as a deduction to
such final invoice.
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10. Any dispute in the amount of liquidated damages shall be submitted to arbitration by either
Buyer or Vendor through the American Arbitration Association within 10 (ten) business days of
written notice given by the party declaring impasse. Vendor and Buyer agree to fully comply
with the arbitrator’s decision within a reasonable time.
Article V
Revisions in the Work to Be Performed
11. If during the Vendor’s Time of Performance, Buyer requires revisions or other changes to be
made in the scope or character of the work to be performed, Buyer will promptly notify Vendor
in writing. For any changes to the scope of work, Vendor shall provide Buyer with a written
quote of change in price and/or change in time of performance and shall proceed with such
changes only upon written consent of Buyer, which shall be construed as a modification to
Buyer’s original purchase order.
12. Buyer will neither unreasonably request revisions nor unreasonably withhold final acceptance
of delivered products.
Article VI
Term of Agreement
13. The term of this AGREEMENT shall commence upon execution and will continue until
September 30, 2019, or until otherwise terminated as provided by this AGREEMENT or the
RFP.
14. MAPC reserves the right at its sole discretion to extend the contract for up to two (2) additional
one-year terms ending September 30, 2020 and September 30, 2021 respectively.
15. In the event new contracts have not been procured and awarded before the end of a second
contract extension, MAPC reserves the right at its sole discretion to extend the contract for an
additional period of time until new contracts have been procured and awarded. However, in no
instance shall any contract term, including extensions, exceed three (3) years in total.
16. The Vendor agrees to perform promptly upon execution of this AGREEMENT and will diligently
and faithfully perform in accordance with the provisions hereof.
Article VII
Orders, Fees, Invoices, and Payments
17. Orders, fees, invoices, and payment shall be processed and paid as specified in Section 10-
Terms & Conditions of the RFP.
Article VIII
Assignment
18. Neither party shall assign, transfer or otherwise dispose of this AGREEMENT or any of its rights
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hereunder or otherwise delegate any of its duties hereunder without the prior written consent
of the other party. Any such attempted assignment or other disposition without such consent
shall be null and void and of no force and effect.
Article IX
Indemnification
19. The Vendor agrees to indemnify and save MAPC, GBPC, and the Buyers harmless from any and
all manner of suits, claims, or demands arising out of any errors, omissions or negligence by
the Vendor (including all its employees or agents) in performing under this AGREEMENT, or any
breach of the terms of this AGREEMENT, which constitute an obligation of the Vendor. The
Vendor shall reimburse MAPC, GBPC, and the Buyers for any and all costs, damages, and
expenses including reasonable attorney's fees which MAPC, GBPC, and the Buyers pays, or
becomes obligated to pay, by reason of such activities or breach. The provisions of this Section
shall be in addition to and shall not be construed as a limitation on any other legal rights of
MAPC, GBPC, and the Buyers expressed or not expressed in the RFP and with respect to this
AGREEMENT.
Article X
Insurance
20. Before performing under this AGREEMENT, the Vendor shall obtain, and shall maintain
throughout the term of this AGREEMENT, insurance at limits specified in the RFP and provide
written documentation of such in the form specified in the RFP.
21. The Vendor shall give MAPC 20 days (twenty) written notice and copies of documentation in the
event of any change or cancellation of coverage.
Article XI
Termination of Agreement
22. Either MAPC or the Vendor may terminate this AGREEMENT for cause upon written notice given
by the non-defaulting party. For the purposes of this provision, "cause" shall include the failure
of a party to fulfill its material duties hereunder in a timely and satisfactory manner.
23. MAPC shall have the right to terminate this AGREEMENT for its convenience upon fourteen (14)
calendar days of written notice.
24. Following termination of this AGREEMENT, the parties shall be relieved of all further obligations
hereunder except that:
25. MAPC shall not be liable for payments for the services and/or expenses or lost profits of the
Vendor in the event of termination.
26. The Vendor shall remain liable for any damages, expenses or liabilities arising under this
AGREEMENT (including its indemnity obligations) with respect to work performed pursuant to
the AGREEMENT.
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Article XII
Entirety of Agreement
27. This AGREEMENT, together with its Exhibits, the RFP referenced above and its Addenda, the
required supplemental documents and any additional exhibits, constitute the entire
AGREEMENT between MAPC and the Vendor with respect to the matters set forth therein and
may not be changed (amended, modified or terms waived) except by a writing signed by both
parties. Any notices required or allowed shall be sent by receipt-verified mail, email, fax or
courier to the persons designated in Exhibit A.
28. The provisions of the RFP and the Vendor’s Proposal are incorporated herein by reference. In
the event of any conflict among the Contract Documents, the documents shall be construed
according to the following priorities:
Highest Priority: Amendments to Contract (if any)
Second Priority: Contract
Third Priority: Addenda to the RFP (if any)
Fourth Priority: RFP
Fifth Priority: Vendor’s Proposal
Article XIII
Severability
29. In the event any provision of this AGREEMENT is found by a court of appropriate jurisdiction to
be unlawful or invalid, the remainder of the AGREEMENT shall remain and continue in full force
and effect.
Article XIV
Governing Law and Jurisdiction
30. This AGREEMENT shall be governed by, construed and enforced in accordance with laws of the
Commonwealth of Massachusetts. MAPC, Vendors, and Buyers agree to submit their
respective jurisdiction and venue to the state and federal courts in the Commonwealth of
Massachusetts to resolve any disputes or disagreements that may arise under any provision of
this AGREEMENT.
Article XV
Notice
31. Except as otherwise expressly provided in this AGREEMENT, any decision or action by MAPC
relating to this AGREEMENT, its operation, or termination, shall be made only by MAPC or its
designated representative identified in Exhibit A.
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IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their duly
authorized officers on the date written below.
For MAPC by or on behalf of the Greater Boston Police Council and its Members:
x
Signature Date
Marc Draisen
Name
Executive Director
Title
For the VENDOR:
x
* Signature * Date
* Name
* Title
* Affix Corporate Seal
(or mark “n/a”)
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EXHIBIT A
Notice Addressees
For MAPC: For the VENDOR:
Marc Draisen
Name * Name
Executive Director
Title * Title
MAPC
Organization Organization
60 Temple Place
Street Address * Street Address
Boston, MA 02111
City, State, ZIP * Street Address
617.933.0700
Phone * Phone
617.482.7185
Fax * Fax
email * email
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
Public Service Vehicles
79 of 83
EXHIBIT B
Request for Proposal #
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
Public Service Vehicles
80 of 83
EXHIBIT C
Special Terms & Conditions
1. Vendor attests to and warrants any and all representations made in Vendor’s Complete Price
and Complete Technical Proposals including, but not limited to, any and all representations
and warranties made by it that exceed those of the manufacturers of products and
assemblies used in its manufacture of subject apparatus and fitments.
2. Vendor shall indemnify Buyer for any and all loss of value of manufacturers’ warranties
incurred prior to Vendor’s complete performance with regard to each individual Buyer.
3. All pricing offered under this contract shall be F.O.B. destination, freight prepaid by the by the
Vendor, to the Buyer’s receiving point. Responsibility until final inspection and acceptance,
and liability for loss or damage for all order shall remain with the Vendor when all
responsibility shall pass to the Buyer, except for the responsibility for latent defect, fraud and
the warranty obligations
* * * * * *
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
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EXHIBIT D
Subcontractors
1.
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
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EXHIBIT E
Other Documents:
1. Insurance Guarantee(s)__(to be provided for Contract execution)
Request for Proposals Proposal Due Date: Friday, August 24, 2018 at 12:00 PM
Public Service Vehicles
83 of 83
EXHIBIT F
Vendor Proposal:
1. Vendor’s Complete Technical Proposal
2. Vendor’s Complete Price Proposal
* * * * * *