Metropolitan Area Planning Council Public Service Vehicles · 7/30/2018 · The Metropolitan Area Planning Council (“MAPC”), pursuant to M.G.L. c. 7 § 22B and M.G.L. 30B, is

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

http://www.mapc.org/



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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


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

mailto:[email protected]



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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

http://gbpc.org/membership/



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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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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


Cab

50


Cab

50



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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




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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 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 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


Not Advantageous Proposer guarantees 48-hour service for all pre-scheduled


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


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,


Unacceptable Proposal is missing more than four required forms, lists,


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.

http://www.mapc.org/gbpc



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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


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


VEHICLE LIABILITY

Personal Injury $500,000 each person


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.



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Cover Letter

Using this template, provide an originally signed letter on company letterhead.

Marjorie Weinberger


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]



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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

________________________________

Email

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.”


________________________________ ________________________________

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.”


________________________________ ________________________________


________________________________ ________________________________


________________________________ _____________________

Title Date



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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.


________________________________ ________________________________


________________________________ ________________________________


________________________________

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.


________________________________ ________________________________


________________________________ ________________________________


________________________________

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.


________________________________ ________________________________


________________________________ ________________________________


________________________________

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.


________________________________ ________________________________


________________________________ ________________________________


________________________________

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


________________________________ ________________________________


________________________________ ________________________________


________________________________

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.


________________________________ ________________________________


________________________________ ________________________________


________________________________

Title

_____________________

Date



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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 protected]

email * email



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EXHIBIT B

Request for Proposal #



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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

* * * * * *



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EXHIBIT D

Subcontractors

1.



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EXHIBIT E

Other Documents:

1. Insurance Guarantee(s)__(to be provided for Contract execution)



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EXHIBIT F

Vendor Proposal:

1. Vendor’s Complete Technical Proposal

2. Vendor’s Complete Price Proposal

* * * * * *