FAC120 Landscaping Services, Snow Removal, Tree Services and Related Services: This is a Statewide Contract (SWC) for Landscaping Services, Snow Removal, Tree Services and Related Services. This contract will replace FAC103, and the major changes include more Environmentally Preferrable requirements for vendors, an expansion of allowable pests and an expansion of the service regions to represent the 14 counties.

Be advised that the FAC120 Strategic Sourcing Team identified apparent successful bidders, and OSD is finalizing negotiations with these businesses. As vendors are onboarded, the FAC120 Contract User Guide and COMMBUYS will be updated to reflect these additional vendors. Therefore, we suggest that you check these resources prior to submitting RFQs for these services. The FAC120 contract will include vendors from FAC103, as well as newly awarded vendors.

Please note that FAC103 has extend beyond language that allows buyers who are in current agreements to continue working with FAC103 vendors in the same capacity through September 30, 2023. New services may be established only through FAC120.

For the Master Contract Record, refer to the Master Blanket Purchase Order (MBPO) with RFR.

Note: This contract may be used to procure the goods or services described in this user guide at any dollar amount. Any limitations, including for procurements involving construction, are outlined in this Contract User Guide.

Benefits and Cost Savings

Statewide Contracts are an easy way to obtain benefits for your organization by: 

• Leveraging the Commonwealth’s buying power
• Simplifying the solicitation process
• Providing contracting expertise
• Enhancing vendor relationships through proactive management and oversight
• Offering competitive pricing
• Offering Prompt Payment Discounts (PPD), which is a percentage discount given to the buyer if the invoice is paid within a specified time, in accordance with the Commonwealth’s Bill Paying Policy

• Partnering with a pool of qualified and experienced vendors
• Accessing a wide range of environmentally preferable products and services
• Contractor Competition – The contract provides access to a wide range of contractors and services and enables users to obtain quotes and negotiate competitive rates.
• Bidder Qualification – The Strategic Sourcing Team (SST) reviewed each bidder’s qualifications to provide services in the awarded categories. As a result, contract users can concentrate on the specific requirements of their projects and on negotiating the most competitive pricing.
  

This contract includes six (6) categories of services listed as follows:

Category 1: Landscaping and Grounds Keeping Services

Category 2: Snow Removal Services

Category 3: Tree Services

Category 4: Invasive and Exotic Plant Control Services

Category 5: Outdoor Integrated Pest Management Services

Category 6: Irrigation System Service and Repair

Please see the following list of products and services not available for purchase:

This contract is not intended to replace contracts:

• FAC122 Statewide Contract for Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Service
• FAC116 Statewide Contract for Lawns and Grounds, Equipment, Parts and Services
• FAC117 Integrated Pest Management
• TRD02 category for Catch Basin Cleaning.
• The sale of salt and deciding materials on their own is prohibited. For salt or deicing materials please refer to VEH119 or its replacement.
  

The following is a complete list of the types of organizations generally allowed to use the Operational Service Division’s (OSD's) Statewide Contracts (SWCs). Some SWCs may be open to additional organizations, and some are more restricted in usage.

• Cities, towns, districts, counties, and other political subdivisions
• Executive, Legislative, and Judicial Branches, including all departments and elected offices therein
• Independent public authorities, commissions, and quasi-public agencies
• Local public libraries, public school districts, and charter schools
• Public hospitals owned by the Commonwealth of Massachusetts
• Public institutions of higher education
• Public purchasing cooperatives
• Non-profit, UFR-certified organizations that are doing business with the Commonwealth
• Other states and territories and their cities, towns, districts, counties, other political subdivisions, and public institutions of higher education without prior approval from the State Purchasing Agent 
• Other entities when designated in writing by the State Purchasing Agent
  

Note: The price files and vendor catalogs are accessible through public view in COMMBUYS; therefore, buyers can access the price files and vendor catalogs without needing to sign into a COMMBUYS account.

• Vendor Price File: All vendors have been provided with a Microsoft Excel file outlining their awarded pricing, including approved manufacturers and the awarded discount percentage off MSRP for their base price. If a vendor does not have a manufacturer listed in their awarded price file, the vendor must contact the Category Manager (Sean Corbin or Tatiana Henry) to get the manufacturer added before they can sell their products on FAC120. If a vendor is not honoring their discount pricing from the price file, then the customer should contact the Category Manager (Sean Corbin or Tatiana Henry).
• Ceiling/Not-to-Exceed: The contract's published pricing, including discounts, is a maximum price or 'not-to-exceed' limit and can be subject to further negotiation.

Pricing for services under this contract will be determined through a quotation process for each job or scope of service. Quotations will be based on the hourly labor rates and /or other rates negotiated between the contractor and the Eligible Entity and as specified in the Statement of Work (SoW). All rates under this contract will be “Not-to-Exceed” or “Ceiling” rates, and lower rates may be offered to Eligible Entities based on the specific requirements.

Eligible entities reserve the right to negotiate lower labor rates. Bidders must indicate the maximum % markup for prevailing wage tasks and a maximum hourly rate for non-prevailing wage tasks. Bidders may also include rates for overtime and holidays if applicable.

Compensation Structure/Pricing

Pricing for services under this contract will be determined through a quotation process for each job or scope of service. Quotations will be based on the hourly labor rates and /or other rates negotiated between the contractor and the Eligible Entity and as specified in the Statement of Work (SOW). The Eligible Entity will determine the format in which quotations for their specific project will be collected, including but not limited to: service rates; project totals; separate rates for specific deliverables; and others. The contractor is required to provide specific and transparent pricing in all Requests for Quotes (RFQ) responses. The negotiated price will be published in COMMBUYS by the Eligible Entity as part of the contract record. All rates under this contract will be “Not-to-Exceed” or “Ceiling” rates, and lower rates may be offered to Eligible Entities based on the specific requirements.

1. For each applicable category, the contractors are to include a Not-to-Exceed/Ceiling Rate during the bid process.
2. Most engagements will not be bid at the Ceiling Rate. The contractor and the Eligible Entity may negotiate for lower rates based on the specific requirement of each job or scope of service. It is understood that additional rates, including but not limited to equipment use, materials, and permits may apply; however, the Eligible Entity must be informed about all applicable rates at the time of the Request for Quotes (RFQ) response.

Note: Product pricing may be found on the Vendor List page, where links to all the vendors’ MBPOs are provided.

Buyers should refer to the following when soliciting quotes from awarded vendors:

• For purchases of $10,000 and above, Buyers are required to solicit quotations from all eligible vendors and obtain a minimum of three (3) responses. This ensures a competitive bidding process and helps the Buyer find the best possible value for their purchase. A “no bid” response is considered an acceptable response.
• For purchases under $10,000, soliciting quotes is at the discretion of the Buyer. However, before making a purchase, Buyers should consult with their Chief Purchasing Officer or equivalent authority.

Contract users should always reference (FAC120) when contacting vendors to ensure they are receiving contract pricing. Quotes, not including construction services, should be awarded based on best value.

Quotes: Eligible Entities must solicit quotes from at least three (3) contractors to determine which contractor can provide the best value for each service or project. The minimum requirement is that Eligible Entities contact the three contractors for quotes; you are not required to receive responses from all three contacted contractors.
Eligible Entities will determine the format in which quotations for their specific project will be collected, including but not limited to: service rates; project totals; separate rates for specific deliverables; and others.

Contractors are expected to adhere to the following quotation process, unless the Eligible Entity requests a different process:

• Contractors must respond to a service call by an Eligible Entity within 24 hours.
• Contractors must be available for a site visit, at no cost to the Eligible Entity, within 48 hours of the service call.
• Contractors must, at no cost to the Eligible Entity, provide a quote to the Eligible Entity within 72 hours of the service call.

The quote selected by the Eligible Entity for award will serve as the basis for a service agreement and will establish the Eligible Entity’s maximum financial obligation under the agreement. The RFR contains the following language protecting the Eligible Entity from additional charges:

No pleas of ignorance of pre-existing conditions affecting the cost or quality of service will be accepted by the Eligible Entity or the SST as an excuse for any failure or omission on the part of the Contractor to fulfill every detail of all requirements of the documents governing the work. Contractors will not be allowed any extra compensation for additional work they may have to complete of which they should have been aware through their own surveillance prior to submitting the quote.

For a full description of how to complete a quote in COMMBUYS visit the Job Aids for Buyers webpage, and select:

• The COMMBUYS Purchase Orders section, and choose Request Quotes From Vendors on Statewide Contracts job aid.
  

Quotes Including Construction Services

Please note specific requirements that apply for quoting construction services, depending upon the scope of your bid:

• Where the construction services are less than $10,000: Select a vendor based on sound business practices, consistent with your entity’s procurement policies and procedures.
• For construction services valued from $10,000-$50,000: Must solicit a minimum of three quotes and receive two written responses; award to lowest responsible bidder.

The following services on the contract are considered construction services:

• Planting services
• Tree trimming and removal
• Excavation
• Vacuum Excavation
• Grading

For all quotes that do not involve construction, award should be best value.

Negotiation: Eligible Entities may negotiate with the apparent winner(s) of the quotation process to enhance the value of the agreement.

Price Adjustments: In cases where the Eligible Entity’s instructions, or circumstances arising in the course of performing the service, require an adjustment to the quote previously issued by the Contractor, the Eligible Entity’s express approval will be required for such a change.

This is a fee-for-service contract.

This contract has multiple ways of purchasing:

• Quote Solicitation: Buyers can solicit quotes from multiple vendors (see the Vendor MBPO Listing award vendors, and place orders through COMMBUYS. A solicitation-enabled contract allows the buyer to solicit quotes from vendors who have Master Blanket Purchase Orders (MBPOs) or Statewide Contracts in COMMBUYS. The buyers can create a solicitation-enabled bid using a release requisition, converting the requisition to a bid, and then requesting quotes from eligible vendors.

See the How to Request Quotes from Vendors on Statewide Contracts job aid for more details.

• Direct Purchase of Non-Fixed Price Item ($0 Line Item) on Vendor’s MBPO: Applicable to products and services may require customized quoting. See the Vendor MBPO Listing for a list of eligible vendors. The Buyer can create a Release Requisition in COMMBUYS, submit the requisition for approval in COMMBUYS, and then send the vendor a Release Purchase Order.

See the How to Make a Statewide Contract Purchase in COMMBUYS job aid for more details.

Note: MOSAIC and COMMBUYS do not interface. Payment request and invoice must be reported in both MOSAIC and COMMBUYS.

Performance and Payment That Goes Beyond Contract End Date

The extend beyond period is in place to allow performance and payment obligations under a contract to continue after the contract term has ended. This period is primarily used to aid the transition between an expiring contract and its replacement and to ensure the continuity in service delivery.

For extend beyond, the following stipulations are in place:

• Buyers may not enter into a written agreement that will go more than six (6) months beyond the maximum end date of the contract. Existing services may be completed and payments made during this period.
• No new agreements, including leases, rentals, or service contracts, may be made after the contract's expiration.
• Agreements established prior to the Master Agreement expiration may allow performance and payment obligations to continue until the maximum Extend Beyond date.
  

COMMBUYS is the Commonwealth of Massachusetts' e-procurement platform, serving as a central marketplace for state agencies and other Eligible Entities to procure goods and services, connecting government buyers and businesses. It aims to streamline the purchasing process, ensuring transparency and efficiency in the procurement process.

For Executive Agencies, COMMBUYS is required. Per 801 CMR 21.00, Executive Agencies must use established Statewide Contracts (SWCs) for the purchase of products and services. To set up a COMMBUYS buyer account or to update an existing agency account, the buyers must contact the COMMBUYS Help Desk at: 888-627-8283 or OSDhelpdesk@mass.gov.

While COMMBUYS use is not mandated for Non-Executive Agencies and other Eligible Entities, it is highly recommended to streamline the procurement process and assist buyers in making informed purchasing choices. Eligible entities should follow their internal guidelines for COMMBUYS use.

Buyers can view contract documents on COMMBUYS without requiring a COMMBUYS account or logging in.  
To find contract documents in COMMBUYS, follow these steps:

1. On the COMMBUYS home page, enter FAC120 in the search tool and select Blankets from the drop-down list.
2. Select the Search icon. The related Master Blanket Purchase Orders (MBPOs) information opens in a table format. 
3. To view the associated contract documents, under the Blanket # column, select the applicable Purchase Order (PO) link. MBPO opens for the selected PO and the attachments can be found in the Agency Attachments or Vendor Attachments section. 

If applicable, to find vendor-specific documents, view the links to the individual vendor MBPOs on the Vendor Information page, and follow these steps:

1. On the Vendor Information page, select the applicable Purchase Order (PO) link. The Master Blanket Purchase Order (MBPO) opens for the selected PO.
2. If applicable, on the MBPO, scroll down to the Vendor Attachments section to find the vendor-specific documents.
3. To view, select the desired document link.

The Buyers must complete a detailed SOW when soliciting quotes. Category Managers should provide the EOTSS/OSD SOW fixed price or Time and Materials (T&M) templates (or an SOW template created by the SST) in the Master MBPO and add the following statement: “Buyers are encouraged to use the [select either “fixed price SOW template” or “Time and Materials (T&M) SOW template”] in the Master Contract Record MBPO (make “Master Contract Record MBPO” a link) under the Agency Attachments section.”

The following are examples of information to include in the SOW (your agency may require more details):  

• Scope of services
• Deliverables dates
• Location of service
• Detailed budget
• Estimated total costs 
• Number of staff
• Rate(s) per hour

This contract may include construction, reconstruction, alteration, installation, demolition, maintenance, and repair work, including associated materials. The Eligible Entity is responsible for consulting with legal counsel to determine if work sought under this contract qualifies as construction under G.L. c. 149 or G.L. c.30, § 39M.

Please refer to the following construction and construction-related labor requirements:

• Purchasing entities are responsible for compliance with applicable construction procurement law requirements. Information concerning specific G.L. c. 149 and c. 30 construction requirements may be found in the Office of the Inspector General’s Public Procurement Charts.
• It is the responsibility of the Eligible Entity to determine whether installation work includes construction as defined by M.G.L. c.149 or M.G.L. c.30, §39M. Chapter 30B Procurement Assistance from the Office of the Inspector General is available on the OIG Public Procurement web page. Access the 30B Hotline at 617-722-8838 or email 30B Hotline
• For further information about the public construction bidding laws, please email the Attorney General’s Office Bid Unit. Visit the Attorney General’s Public Construction web page to learn more about Public Bidding Laws. 

Note: Operational Services Division (OSD) does not provide legal guidance on construction law.

Construction Thresholds

Please refer to the following requirements:

• Construction services purchased under this contract are limited to $50,000 or less per engagement (job/project). The total cost of all maintenance and service agreements, including those spanning multiple years, shall not exceed $50,000 over the life of the contract.
• For construction materials and labor valued from $10,000-$50,000, the buyers must solicit a minimum of three (3) quotes and receive two written responses. The contract shall be awarded to the responsible bidder who offers the lowest price.
• For construction materials and labor estimated to cost less than $10,000, a Buyer may use sound business practices to award the work to a vendor without seeking additional quotes. Using an OSD statewide contract satisfies the sound business practices requirement of G.L. c. 149 for jobs costing less than $10,000.

The Massachusetts prevailing wage laws require that covered employees on public works projects be paid a minimum hourly rate set by the Department of Labor Standards (DLS). The prevailing wage laws apply to both union and non-union employers and employees. The buyer has a legal obligation to request a prevailing wage schedule from the Department of Labor Standards (DLS). To get the proper rates for your region/job, you must request a determination. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website or by calling the DLS Prevailing Wage Program at 617-626-6953.

If prevailing wage is required, make sure to include this information in your quotes or bids so vendors know to include prevailing wage.

In addition, all contracts by a state agency or state-assisted contracts for design, construction, reconstruction, installation, demolition, maintenance, or repair must contain Workforce Participation Goals for minorities and women. This is required by G.L. c. 149, § 44A(2)(G). A “state-assisted contract” is a construction project undertaken by a political subdivision of the Commonwealth or two or more subdivisions thereof for planning, acquisition, design, construction, demolition, installation, repair, or maintenance whose costs are paid for, reimbursed, grant funded, or otherwise supported, in whole or in part, by the Commonwealth. An affected awarding authority’s bid documents must include a reference to the specific goals that will be contained in the contract. The contract must also include the processes and procedures to ensure compliance with the Workforce Participation Goals, including reporting and enforcement provisions. For questions about the Workforce Participation Goals law, please email the Attorney General’s Office Bid Unit. 

The Office of the Attorney General’s Fair Labor Division is responsible for enforcing the prevailing wage laws. Review Prevailing Wage Enforcement for more information.

Buyers should always refer to a vendor’s Bidder Response Form (located in their COMMBUYS file) for their mark-up over prevailing wage and materials as well as a vendor’s charge for emergency services, holidays, and non-business hours.

Labor Hours

Business Hours (excluding holidays) are defined as Monday through Friday 7:00 a.m. to 5:00 p.m. Non-Business Hours are defined as periods outside of Business Hours.

Note: Many state facilities operate continuously (24/7).

Apprentice Labor Rates

Bidders may only include apprentice labor rates if they are participating in the Commonwealth's Approved Apprentice Program and can provide the required documentation. Refer to Information for apprentices to learn more.

Please refer to the following guidelines:

• Executive Departments must use diverse and small businesses to the extent possible based on contract terms, Supplier Diversity Office (SDO), and departmental policies, laws, and regulations.
• The Small Business Purchasing Program (SBPP) applies to small procurements ($250,000 or below annually), while the Supplier Diversity Program (SDP) applies to large procurements (over $250,000 annually). Executive Departments must consider these requirements when soliciting quotes or issuing Statements of Work (SOWs).
• Operational Services Division (OSD) provides a list of SDO businesses through the Statewide Contract Index. Refer to the Programs (SDP and SBPP) tab on the index (scroll to view the tab).

• In cases where all other factors are equal, and particularly when adhering to a best value approach, the department will favor the vendor with stronger SDP commitment.
• For more information, refer to Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams.
• Vendor SDP commitment percentages may be found on the Vendor List table.

• If available, departments must notify at least two certified small businesses capable of providing the product or service. Bids received from SBPP-participating small businesses must be evaluated, and if one meets the department’s best value criteria, the contract must be awarded to that vendor.
• For more information, refer to Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams.
• Vendor SBPP Certification status can be found on the Vendor List table.

The awarded vendor’s use of subcontractors is subject to the provisions of the Commonwealth’s Terms and Conditions and Standard Contract Form, as well as other applicable terms of this Statewide Contract (SWC). 

Vendors on this contract may be required to provide products or services in cases of statewide emergencies. The 801 CMR 21.05(3) defines emergency for procurement purposes. Visit the Emergency Response Supplies, Services and Equipment Contact Information for Statewide Contracts list for emergency services related to this contract.

Vendors' performance is measured by several factors, including the following:

• Buyers provide actionable feedback on vendors for this contract to optimize performance through the Procurated platform. On the Procurated website, click "Search for a Massachusetts Vendor to Review", then search for the vendor by name and select them from the list. Once you enter your professional email address, you will be forwarded to the review screen.
• Buyers are encouraged to reach out to the Category Manager(s) (Sean Corbin or Tatiana Henry) if vendors are not meeting their contractual obligations and buyers may be surveyed for vendor performance feedback.
• Vendors will be evaluated on their current performance and may be asked to work with the Commonwealth toward improvement.
• Vendors must meet all contractual requirements throughout the life of the contract, including requirements for timely and accurate report submission, to remain in good standing under the contract.
  

For general procurement guidelines and best practices, follow these recommendations:

• Buyers should inform vendors to reference Statewide Contract FAC120 on all quotes and invoices.
• No prepayment should be made for products not yet delivered or services not yet rendered.
• No sales tax should be applied to invoices.
• No fees or surcharges (including travel, fuel, delivery) should be applied to invoices.
• Special order fees must be agreed upon by both parties upfront.
• Payments for products or services provided must be paid within 45 days per Massachusetts Bill Payment Policy, or sooner if applying Prompt Payment Discount.
• Buyers are not required to sign additional agreements with vendors that conflict with the Request for Response (RFR) Terms and Conditions. Contact the Category Manager(s) (Sean Corbin or Tatiana Henry) for guidance. 
• Vendors must notify buyers of product substitutions.

If a service cannot be found it is recommended to contact the vendor directly to inquire if it is available for purchase on this contract. If the service meets the scope of the product category, the vendor may be able to add it to their service offerings.

To add a product or service to the list of eligible products or services sold under this contract, buyers must contact their Category Manager(s) (Sean Corbin or Tatiana Henry) for approval. The new product or service requested must comply with the established specifications and scope of the contract.

Contract users are encouraged to follow Sustainable Landscaping and Ground Management Guidelines for this contract:

1. Landscaping & Groundskeeping Statements of Work must require Integrated Pest Management (IPM) methods (see Item 5). Additional requests should include:
   1. Use of compost and organic fertilizers
   2. Planting of native and drought-tolerant species
   3. integration of xeriscaping and permaculture practices
   4. Composting of all yard waste
   5. Use of zero-emission battery electric landscaping equipment
2. Snow Removal Specify the use of deicing and snowmelt products certified under the EPA’s Safer Choice Program.
3. Tree Services In applicable regions, require vendors to be certified by the Massachusetts Department of Agricultural Resources to identify Asian long-horned beetles. Request the separation and composting of non-contaminated trimmings.
4. Invasive Plant Control Vendors should provide a plan for effective, pesticide-free removal of non-native plant species, using zero-emission battery electric equipment or, at minimum, equipment with four-stroke engines.
5. Outdoor Integrated Pest Management (IPM) IPM is a sustainable strategy to manage landscape pests by emphasizing ecosystem stability. A strong IPM plan includes:
   1. Prevention, monitoring, and targeted control
   2. Minimal use of pesticides, with attention to reducing toxicity and exposure
   3. A goal to make landscapes more favorable to plants than to pests
6. Irrigation System Installation, Service & Repair Request the use of drip irrigation or EPA’s Water Sense certified efficiency irrigation equipment.
   

Learn More

Explore the Environmentally Preferable Products (EPP) Procurement Program and discover detailed guidance in the EPP Products and Services Guide.

When placing orders with a vendor, MOSAIC users must reference the contract ID number FAC120* in the Agreement ID field in MOSAIC for encumbrances related to purchases from Statewide Contracts. Please address all inquiries regarding MOSAIC technical support and job aids by emailing the Comptroller Help Desk or by calling 617-973-2468. 

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MOSAIC).

Please refer to the price list for each vendor on FAC120 to verify the counties they service. All price sheets are housed in the vendor file or the vendor’s Master Blanket Purchase Order (MBPO). The counties they service should be included in the top row of each price column. 

The Commonwealth of Massachusetts has been divided into fourteen counties that include specific counties as indicated in the Map of Massachusetts Counties in the Massachusetts Maps web page and the following list:

See the Vendor List and Information for regions covered.

Truck Safety Standards

The RMV enacted new regulations (540 CMR 4.10 to 4.13) that apply to certain registered motor vehicles, trailers, semi-trailers, and semi-trailer units classified as Class 3 or above by the Federal Highway Administration, with a gross vehicle weight (GVW) rating of 10,001 pounds or more (“Heavy Vehicles”). Heavy Vehicles that are (1) leased or purchased by the Commonwealth on or after January 1, 2023, or (2) operated under contracts with the Commonwealth executed on or after January 1, 2025, that require the use of Heavy Vehicles in writing or by necessary implication, must be equipped with the following truck safety devices:

• Lateral protective devices (LPD), commonly called “Side Guards”
• Convex mirrors
• Crossover mirrors
• Back-up cameras

For snow and ice management and removal services and towing services, these regulations apply to Heavy Vehicles operated under contracts with the Commonwealth that were executed on or after July 1, 2025. Heavy Vehicles affected by the RMV regulations must be certified as compliant with these requirements beginning December 31, 2025 using the RMV portal. Please refer to MassDOT’s Truck Safety Devices for information about updates on truck safety devices, the certification and waiver process, and guidance for vendors. Further guidance will soon be available on the Operational Services Division (OSD) website.