This is a Statewide Contract for Foodservice Supplies and Equipment, Institutional Commercial Grade Large and Small Statewide Contract. This includes related items within two (2) categories – Foodservice Supplies in Category one (1) set up in two subcategories – Subcategory 1 including conventional products such as cups, napkins, tableware, and other foodservice supplies and Subcategory 2 including Biodegradable/Compostable Bio-based Products including cups, napkins, and other tableware which are high quality sustainable alternatives, and Category two (2) covering Foodservice Equipment – Institutional Commercial Grade – Large and Small with Related Maintenance and Repair Services.
The contract is currently awarded to eight (8) vendors across two (2) categories. The following are guidelines for Category Managers:

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

Master Blanket Purchase Order (MBPO) with RFR 

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 
• Improving the availability of environmentally preferable products
  

This contract covers various types of foodservices supplies (paper products) and foodservice equipment.
This contract includes [2] categories of products and service listed as follows: 

• Category 1: Foodservice Supplies 
  • Subcategory 1: Conventional products including various sizes of hot and cold cups, plates, trays, napkins, straws, utensils (tableware), pan liners, and other foodservice supplies such as gloves, lids, hairnets, reusable dishware, etc.  Napkins and tray liners must meet post-consumer recycled content requirements.
  • Subcategory 2: Biodegradable/Compostable Bio-based Products including a full line of various sizes of hot and cold cups, plates, trays, napkins, and utensils (tableware). Products represent a high- quality sustainable alternative to conventional disposable foodservice products. 

• Category 2: Foodservice Equipment–Institutional Commercial Grade–Large and Small with Related Maintenance and Repair Services, many certified by the Environmental Protection Agency (EPA) Energy Star and WaterSense programs.
  • Large equipment includes but is not limited to ovens, grills, fryolators, and milk cooler equipment. Additional maintenance and repairs of large food service equipment fall within the scope of this contract. 
  • Small equipment includes but is not limited to mixers, toasters, and microwaves. Additional maintenance and repairs of small foodservice equipment fall within the scope of this contract.

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(s) (Michael Barry or Kelly Minichello) to get the manufacturer added before they can sell their products on GRO40. If a vendor is not honoring their discount pricing from the price file, then the customer should contact the Category Manager(s) (Michael Barry or Kelly Minichello)
• Fixed Pricing: Pricing is fixed but further negotiations can be made.

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

Please refer to the following guidelines: 

• Contract users should always reference GRO40 when contacting vendors to ensure they are receiving contract pricing.  
• Quotes, not including construction services, should be awarded based on best value. 
• Instructions for Travel Expenses (Category 2 Repair/Maintenance Services):
  • If the Buyer will not pay for travel expenses, this must be explicitly stated in the Request for Quote (RFQ).
  • If the Buyer will pay for travel expenses, the RFQ should specify that the final amount is subject to negotiation.
• Buyers may refer to Construction and Construction-Related Labor Requirements when soliciting quotes that require construction services.

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

• Fee-for-Service contract
• Direct, outright purchases
• Rental agreement (not to exceed 6 months)

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 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 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 Departmental Contract. 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. Requisitions are documents used to request goods and services. A requisition is the first document used to generate a PO. 

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

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 GRO40 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. 

All standard contract documents are within the Master Contract Record. Access them directly by clicking this link: Master Blanket Purchase Order PO-22-1080-OSD03-SRC3-24463

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.

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.

Any Contractor(s) providing repair or maintenance service may not add any additional fees for processing payments to subcontractors providing repair services. 

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

• Shipping and Delivery:
  • All quotations shall indicate Free on Board (FOB) destination. 
  • FOB destination means delivered and unloaded to all the Commonwealth departments, cities, towns, and political subdivisions within the Commonwealth of Massachusetts, with all charges for transportation and unloading prepaid by the vendor.
  • Vendors must deliver goods to the department within five (5) business days after receipt of purchase order number, unless the ordering department agrees otherwise or a special order is involved. 
    • If an item is out of stock, the vendor must make every effort to supply the ordered item within the original delivery timeframe. 
    • If such arrangements cannot be made, the Contractor must make every effort to have the item delivered as soon as possible. 
    • Late deliveries or deliveries that cannot be made within the above guidelines may be canceled at no cost to the Commonwealth.
  • Vendors must coordinate delivery time with the contract user, if requested.
  • If the vendor uses an independent company to satisfy delivery requests, the vendor is responsible for ensuring that the delivery company coordinates with the contract user.  
  • Delivery arrangements for custom-made items may be made by mutual agreement between the purchasing department and vendor. 
  • Shipping charges may be negotiated and allowed under reasonable circumstances including but not limited to rush shipping requests by the Commonwealth Agency and oversized or heavy items being repaired. 
  • Vendors are not allowed to request an exception for shipping charges.
  • Vendors are not allowed to charge any additional fuel surcharges on any order received from eligible entities.
• Delivery Requirements for the Department of Correction:
  • Vendors must meet all Department of Correction security requirements applicable to each facility. 
  • Requirements may include but are not limited to inspection and search of all delivery vehicles including driver, cab and all contents thereof, and locking gas or fuel caps.
  • All drivers must pass a Criminal Offender Record Information (CORI) background check. 
  • Split loads are not permitted.
  • Vendors must observe strict delivery time requirements and any other security requirements as deemed necessary by the department or institution. 
  • Vendors may be asked to deliver products outside the established delivery schedule to respond to emergency situations.
• Returns:
  • All products must have a return policy regardless of reason, if the product is not damaged due to negligence or maliciousness. 
  • Vendors may not charge a restocking fee on returns. 
  • Contract users may not accept the delivery of any product that is expired or visibly damaged.  
  • Product will be inspected upon receipt of delivery. If a product fails inspection by the receiving facility, the product will be rejected, and the vendor must replace it immediately at no additional expense to the facility.  
• Will Call Orders:
  • Vendors shall provide a Will Call option for contract user orders if immediate delivery is necessary and the contract user is willing to pick up the order. 
  • Orders designated for Will Call shall be available for pickup by the authorized contract user or their designated representative within twenty-four (24) hours of the request or order placement, unless otherwise specified and agreed upon by both parties.
  • Vendors may be asked to provide emergency delivery and may charge a compensation rate for such deliveries.  
    

Repair and maintenance services are a crucial contract component, requiring that vendors facilitate access to these services exclusively through their billing departments. This access must cover repairs for equipment sold by the vendor, as well as other equipment an Eligible Entity currently owns. Furthermore, any vendor providing repair or maintenance services is expressly prohibited from adding extra fees for processing payments to subcontractors who perform the actual repair work.

For additional guidelines, please refer to the following:

• The warranty for the Commonwealth shall be the manufacturer’s standard warranty starting from the date of acceptance by the Purchasing Entity. 
• All equipment must be new or refurbished, in excellent working conditions, and must include the Original Equipment Manufacturer (OEM) guarantee.
• Facility Site Visit Requests: Vendors will be required to go to a facility upon request by any eligible entity to access, evaluate, and determine the needs of the eligible entity as it relates to any foodservice equipment installation, maintenance and repairs, and so forth.

Vendors in this statewide contract offer the following additional discounts, which may vary for each vendor:

• Dock Delivery Discount: A discount may be negotiated if product is delivered directly to the loading dock.
• Volume Discount: A discount is negotiated to the buyer if a certain volume of product or service is purchased.

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.

Customer Service

Vendors will provide customer service to all contract users. This service must include the following components: 

• Vendor personnel on the customer service line are well-versed in all requirements of the Statewide Contract to provide prompt and accurate answers to customer inquiries regarding pricing, products, and services. 
• If a vendor receives a complaint about quality, a sample of the item must be collected immediately, inspected, and analyzed for quality within a reasonable time, at no additional cost to the Commonwealth.
  

Quality Assurance

The vendor must monitor on a continuous basis, the quality of the products offered under this contract. The vendor must have a self-inspection system that monitors, identifies, and corrects any deficiencies that may occur in the quality of the products furnished to the Commonwealth.

Sample Products for Evaluation

For evaluation purposes only, Eligible Entities may request from vendor(s) samples of available contract products or published products on COMMBUYS.

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) (Michael Barry or Kelly Minichello) 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.
  

• Vendors are required to submit quarterly sales reports.
• Vendors are required to meet Supplier Diversity commitments.
• Vendors are required to remit a quarterly 1% administration fee on total amounts paid by Eligible Entities
  

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

• Buyers should inform vendors to reference Statewide Contract GRO40 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) (Michael Barry or Kelly Minichello) 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) (Michael Barry or Kelly Minichello) for approval. The new product or service requested must comply with the established specifications and scope of the contract.

This contract offers a broad selection of environmentally preferable disposable and reusable food ware options, along with institutional equipment standards designed to support sustainable procurement:  

Disposable Food Ware: 

• Napkins and Tray Liners must meet EPA Comprehensive Procurement Guidelines:
  • Napkins: ≥30% Post-Consumer Recycled Content (PCRC)
  • Tray liners: ≥50% PCRC
• Biodegradable/Compostable Products must be certified by either:
  • Biodegradable Products Institute (BPI)
  • Compost Manufacturers Alliance (CMA) These standards prohibit intentionally added PFAS and require test results showing <100 ppm total fluorine.
• Paper and Plastic Products - Buyers are recommended to prioritize items that:
  • Contain ≥10% PCRC for paper
  • For PET plastic (Polyethylene terephthalate), contain ≥20% PCRC
  • Are GreenScreen™ Certified Single-Use Food Service Ware, a third-party certification by Clean Production Action (CPA) and Center for Environmental Health (CEH) ensuring safety and sustainability

Reusable Food Ware

• It is recommended to choose GreenScreen™ Certified Reusable Food Service Ware (FSW), Food Packaging (FP), & Cookware (CW).  This standard, also developed by CPA and CEH sets environmental requirements for everyday items like pots, pans, food containers and other reusable food packaging.

Institutional Equipment
All equipment must comply with:

• The most recent EPA ENERGY STAR standard
• Massachusetts Appliance Energy and Water Efficiency: Effective January 1st, 2023, products in the covered categories may only be sold or installed in Massachusetts if they are certified by their manufacturer as compliant with 225 CMR 9.00.  To ensure compliance, check DOER’s Compliance for Sellers and Installers page for detailed instructions for how to comply. 
• Recommended compliance with EPA Watersense standards for water efficiency

Recycling & Refrigerants

• Ask vendors if they provide appliance recycling services
• Request climate-friendly refrigerants with low global warming potential

State agencies must comply with Massachusetts Executive Order 515, which mandates the procurement of EPPs when they meet performance standards and offer best value.

Learn More

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

Appliance Disposal Services

In Massachusetts there is a waste ban on white goods, which includes large appliances. Waste bans restrict the disposal of certain materials from disposal facilities. Refer to the MassDEP Waste Disposal Bans for more information. Vendors that offer removal services for appliances should offer the services at no additional cost to the buyer.

Ozone Depleting Substances

Vendors who offer disposal services for refrigerators or other equipment containing ozone depleting refrigerants must dispose of these items in compliance with the Environmental Protection Agency (EPA) Section 608 of the Clean Air Act for stationary refrigeration and air conditioning. Refer to the EPA’s Ozone Layer Protection web page for more details.

When placing orders with a vendor, MOSAIC users must reference the contract ID number GRO40* 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).

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.

Please refer to the price list for each vendor on GRO40 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.