PRF69 Facilities Engineering: This is a Statewide Contract (SWC) for Facilities Engineering Services. The award includes a wide-ranging list of independent, experienced and qualified vendors to provide services as specified in the PRF69 RFR. Vendors will be responsible for providing engineering services for various projects on an on call/as needed basis. There are eleven (11) categories including civil engineering, coastal engineering, mechanical engineering, energy systems engineering, surveying, facilities engineering, construction engineering, geotechnical engineering, structural engineering, transportation engineering, and water resources engineering. Services sought will be in support of Eligible Entities’ physical infrastructure including but not limited to buildings, roads, bridges, utility systems, rinks, pools, athletic fields and trails.  Anticipated services include but are not limited to site evaluation, technical analysis and reports, schematic, preliminary, final design, preparation of technical specifications, cost estimation, construction oversight services, and related capital asset project tasks. The compensation structure for PRF69 is according to individual projects as described and agreed to in the Statement of Work (SoW) provided by the purchasing entity.

For the Master Contract Record, refer to the PRF69 Master Blanket Purchase Order (MBPO) with RFR PO-18-1080-OSD03-SRC3-12388  

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
• Partnering with a pool of qualified and experienced vendors 
• 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
• Accessing a wide range of environmentally preferable products and services

This contract includes eleven (11) categories of services listed as follows:  

• Category 1: Civil Engineering
• Category 2: Coastal Engineering
• Category 3: Mechanical Engineering
• Category 4: Energy Systems Engineering
• Category 5: Surveying
• Category 6: Facilities Engineering
• Category 7: Construction Engineering
• Category 8: Geotechnical Engineering
• Category 9: Structural Engineering
• Category 10: Transportation Engineering
• Category 11: Water Resources Engineering

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 may access the price files and vendor catalogs without signing into a COMMBUYS account.

The pricing options are outlined as follows:

• Vendor Price File: Pricing information may be found in each vendor's attachments within COMMBUYS. If a vendor is not honoring their discount pricing from the price file, the customer should contact the Category Manager(s).
• Ceiling/Not-to-Exceed: The contract's published pricing, including discounts, is a maximum price or 'not-to-exceed' limit and may be subject to further negotiation.
• Please refer to the Purchasing Entity’s SOW for complete details regarding pricing.

Note: Links to all the vendors’ Master Blanket Purchase Orders (MBPOs), where product pricing may be found, are provided in the Vendor List and Information.

This is a fee-for-service contract. This contract provides for 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.

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. Agreements established prior to the Master Agreement expiration may allow performance and payment obligations to continue until the maximum Extend Beyond date (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 PRF69 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.

Buyers must complete a detailed SOW when soliciting quotes. Buyers are encouraged to use the Time and Materials (T&M) SOW template in the Master Contract Record MBPO under the Agency Attachments section.

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). 

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) (Tina Sang or Hayley Lebert) 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 PRF69 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) (Tina Sang or Hayley Lebert) 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) (Tina Sang or Hayley Lebert) for approval. The new product or service requested must comply with the established specifications and scope of the contract.

When placing orders with a vendor, MOSAIC users must reference the contract ID number PRF69* 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).