FAC122 Landscaping Products, Parks and Recreation Equipment and Related Products, Supplies and Services. This is a Statewide Contract (SWC) for This is a Statewide Contract for the acquisition of Landscaping, Turf and Nursery Products, Parks & Recreation Equipment, Water & Outdoor Play Structures and Related Products, Supplies and Services authorized by the FAC122 Strategic Sourcing Team (SST) and the Operational Services Division. FAC122 replaces Statewide Contract FAC104 (expiring 12/31/2023).

For the Master Contract Record, refer to the FAC122 Master Contract Record.

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 
• Volume Discounts: discount is provided to buyer if a certain volume of product or service is purchased. See individual vendor price file for volume discounts information, if applicable.
• Dock Delivery Discount: discount is provided if product is delivered directly to the loading dock. 
  

This contract includes 14 categories of products/services listed as follows:  

• Category 1:  Live Plants, Seeds, and Other Nursery Products
• Category 2: Turf and Ornamental Landscape Products
• Category 3: Soil, Compost, Mulch, and Biochar
• Category 4: Soil Aggregate Products  
• Category 5: Fertilizer, Including Organic 
• Category 6:  Playground Equipment
• Category 7: Playground and Outdoor Athletic Surfaces
• Category 8: Site Furnishings/Amenities 
• Category 9:  Sport and Fitness Equipment 
• Category 10: Outdoor Shelter/Shade Structures 
• Category 11: Splash Pads and Water Play  
• Category 12: Parks and Recreation Installation and Maintenance  
• Category 13: Fencing, Railing, Decking, Partitions and Lockers 
• Category 14: Related Specialty Environmentally Preferable Products (EPP)
  

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

• Lawn and Grounds Equipment (FAC116)
• Integrated Pest Management (FAC117)
• Landscaping Services, Snow Removal, Tree Services and Related Services (FAC120)

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: Modify this statement as needed: 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.corbin2@mass.gov to get the manufacturer added before they can sell their products on FAC122. If a vendor is not honoring their discount pricing from the price file, then the customer should contact the Category Manager sean.corbin2@mass.gov.
  
• Fixed Pricing: Pricing is fixed but further negotiations can be made.
• 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.
• Discount from Manufacturers Suggested Retail Price (MSRP): Contract pricing is a specified discount off the MSRP catalog price. Vendors may provide Volume discounts. 
• For all non-stock products/special orders vendors are allowed to charge a markup up to 10%. The maximum allowable markup is 10%.

Buyers must solicit quotes when using this contract.

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.

For existing play structures where replacement parts must be the same manufacturer, users are not required to solicit quotes if only one Contractor offers that manufacturer. 

The purchase options identified below are the only acceptable options that may be used in this contract:

• Fee-for-Service contract
• Direct, outright purchases

This contract provides for the following methods of purchase:

• Quote Solicitation: Buyers may solicit quotes from multiple vendors (refer to the Vendor List and Information for a list of eligible vendors) 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 may create a solicitation-enabled bid using a release requisition, converting the requisition to a bid, and then requesting quotes from eligible vendors. 

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

• Direct Purchase of Fixed Price Items on COMMBUYS: Used for products and services with fixed pricing and is viewable in vendor catalogs or price files. Refer to the Vendor List and Information. for a list of eligible vendors. The buyer can submit a request for goods and services from a Statewide Contract (SWC) or a Designated SWC. This option is for users with Basic Purchaser or Department Access privileges in COMMBUYS. Once the requisition is approved, a Purchase Order (PO) is generated and can be sent to the vendor. 

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

• Direct Purchase of Non-Fixed Price Item ($0 Line Item) on Vendor’s MBPO: Applicable to products and services that may require customized quoting. Review the Vendor List and Information 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.

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

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 twelve (12) 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 FAC122 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.

The following are examples of required information on the SOW (your organization 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). 

For shipping, delivery, and returns, please follow these guidelines:

All orders are Free on Board (FOB) Destination. The Eligible Entity takes delivery of the goods once it arrives at the delivery location specified by the Eligible Entity. Contractors own the products while they are in transit and ownership passes once arriving at the Eligible Entity’s specified location. Freight charges must be included in the total cost and detailed as a separate line item on the Contractor’s documentation. Contractors may not charge additional freight, delivery, or fuel surcharges to the Eligible Entity at any time. 

For repairs and services warranties, please refer to these guidelines:

• FAC122 vendors must offer Eligible Entities warranties on all products sold with the cost of the warranty included in the price.  Additional warranty options must be addressed in narrative form to Eligible Entities where requested. Special Warranty issues on products or product lines should be addressed with the Eligible Entity in writing. It is preferred that extended warranty options be offered at no additional charge. Buyers, refer to FAC122 RFR Section 4.4 for additional information on warranties.
• The warranty for the Commonwealth shall be the manufacturer’s standard warranty starting from the date of acceptance by the Purchasing Entity. 
• Equipment that is considered a “durable commodity” (a product that is intended to last for a long time) must carry a guarantee that service, service parts, and maintenance is available from the contractor for a period of at least [insert #] years from the date of equipment acceptance by the Purchasing Entity.
• All equipment must be new, in excellent working conditions, and must include the new Original Equipment Manufacturer (OEM) equipment guarantee.
  

• Vendors in this statewide contract offer the following discounts, which can vary for each vendor (vendor discounts are detailed in the VENDOR LIST AND INFORMATION table and the price files within each vendor's Master Blanket Purchase Order [MBPO] or Master Contract Record MBPO).
• Dock Delivery Discount: A discount “is provided” if product is delivered directly to the loading dock.
• Volume Discount: A discount is provided to the buyer if a certain volume of product or service is purchased.
• Tiered Discount: A discount that offers progressively larger savings as the order size or spending threshold increases, depending on the contract.  
• Trade-In: A discount for the trade of devices that are not compatible with the vendor’s service offering.

Note: Vendor discounts are detailed in the vendor list table and the price files within each vendor's Master Blanket Purchase Order (MBPO) or Master Contract Record MBPO.

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 FAC122 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.

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.

Most categories on this contract have either required or desirable environmental specifications as outlined below.  State agencies must comply with Massachusetts Executive Order 515, which mandates the procurement of EPPs when they meet performance standards and offer best value.

Live Plants, Seeds and Other Nursery Products: Includes drought tolerant and native plants and plants that support xeriscape landscaping and pollinator habitats. Explore DCR’s Native Plan Palette, a website designed allow users to explore native plants and create lists ("plant palettes") which they can then request from vendors on this contract.

Turf and Ornamental Landscape Products:  

• Organic Pesticides: Must be OMRI-certified or mechanical options (e.g., traps, baits) – see omri.org 
• Irrigation Equipment: Spray sprinklers and controllers must be EPA WaterSense certified; prefer drip irrigation and xeriscape supplies 
• Landscape Lighting: LED-only products with one or more certifications: DLC (Standard, Premium, LUNA), ENERGY STAR, or Dark Sky Association; drivers/controllers must be RoHS compliant and UL/ETL listed 
• Garden Hoses: Prefer hoses free of vinyl (PVC)

Soil, Compost, Mulch, and Biochar: Compost improves soil structure, increases moisture retention, and supports beneficial microbes. Compost on this contract must meet contract specifications and testing requirements. Mulch improves soil moisture and fertility. Biochar enhances soil health and sequesters carbon.

Soil Aggregate Products: Include reused and recycled materials, such as processed glass aggregate
Fertilizer (Including Organic): Certified under USDA Organic, OMRI, or National Organic Program (NOP).  Composed of non-toxic, biodegradable materials without chemical pesticides/herbicides

Playground Equipment: Must meet Federal Comprehensive Procurement Guidelines (CPG) for recycled content standards:

• Plastic: ≥ 90% Post-Consumer Recycled Content (PCRC)
• Plastic composite: ≥ 50% PCRC
• Aluminum: ≥ 25% PCRC
• Steel: ≥ 16% or 67% PCRC (based on process)

Playground and Outdoor Athletic Surfaces: Request alternatives to conventional artificial turf.  Must meet USDA BioPreferred and Federal CPG guidelines: 

• Coatings, paints, pellets, etc: biobased content ≥ 22%
• Carpets: ≥ 7% biobased content
• Plastic/rubber surface materials: 90–100% PCRC

Site Furnishings/Amenities: Includes benches, picnic tables, bike racks, fences, signage.  Must meet USDA BioPreferred and Federal CPG standards:

• Plastic: ≥ 90% PCRC
• Composite: ≥ 50% PCRC
• Aluminum: ≥ 25% PCRC
• Concrete: ≥ 15% PCRC
• HDPE bike racks: 100% PCRC, Steel: ≥ 25% PCRC

Sports and Fitness Equipment: Running tracks must be ≥ 90% PCRC. Preferred products with recycled, reused, thermally modified wood, or refurbished materials

Outdoor Shelters and Shade Structures: Prefer products meeting environmental standards such as recycled content, thermally modified wood, reused/refurbished components

Splash Pads and Waterplay Features: Same standards as shelters and shade structures
Fencing, Railing, Decking, Partitions, and Lockers

• Plastic fencing: ≥ 60% PCRC
• Plastic shower partitions: ≥ 20% PCRC
• Steel partitions: ≥ 16% or 67% PCRC

Plastic lumber:

• HDPE: ≥ 25% PCRC
• Mixed plastics/sawdust: ≥ 50%
• HDPE/fiberglass: ≥ 75%
• Mixed resins: ≥ 50%

Related Specialty EPP Products must show clear environmental benefit (e.g., habitat support, lower carbon, reduced toxic materials). Examples include:

• Recycled rubber pavers (≥ 50% PCRC)
• Preferable surface coatings (e.g., solvent-free, high recycled content)
• Erosion control bales made from recycled materials
• Less toxic athletic marking paints (EPA Safer Choice certified)
• Green Roof and Living Wall supplies (modular systems, growing media, drainage, root barriers — non-proprietary installation only)
  

Learn More

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

Please refer to the price list for each vendor on FAC122 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.