The Commonwealth of Massachusetts

EXECUTIVE OFFICE OF ENERGY &

ENVIRONMENTAL AFFAIRS

DEPARTMENT OF ENVIRONMENTAL PROTECTION

100 Cambridge Street Suite 900, Boston, MA 02114

REQUEST FOR PROPOSALS (RFP) - ATTACHMENTS

Document Title:

FEDERAL FISCAL YEARS 2025 and 2026

SECTION 319 NONPOINT SOURCE (NPS)

IMPLEMENTATION GRANT PROGRAM

Agency Document Number:

BWR-RFP-FFY2025-2026-319-GRANT CYCLE- WPP08

COMMBUYS Bid #: BD-27-1045-BWR00-BWR01-132812

September 2, 2026

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Attachment A. Application (Response Form)

STANDARD FORMAT REQUIREMENTS

for

CLEAN WATER ACT (CWA) s.319 PROJECT PROPOSALS

Responses must be focused and action-oriented with clearly identifiable, cost-effective, realistic, and attainable environmental goals and objectives. The environmental indicators that are to be used in evaluating the success of the project in meeting its environmental goal(s) should be clearly defined. The application forms on the following pages should be used when preparing the narrative, scope of services, budget and milestone schedule for the proposed project; information provided on these pages by the proponent must meet the minimum format requirements for CWA s.319 responses.

Required Response Attachments

1. DATA. Attach any backup data that are believed to be necessary to support and clarify the response, including maps of the project area: at minimum, a locus map of the watershed and a site map showing each specific BMP location, in sufficient detail to defend the feasibility of the BMP(s). If extensive backup data are to be submitted with the response, a summary of the data will facilitate the review of the response; in this case, the applicant may wish to provide only one copy of the complete report or data, and a summary in each proposal copy. If by-laws, regulations, policies, ordinances, and/or enforcement mechanisms are proposed as part of the project, a preliminary plan of how these mechanisms will be developed and implemented is required as part of the response. If structural BMPs are proposed as part of the project, at a minimum conceptual design(s), specific site location(s), and estimated cost of the BMPs are required as part of the response. Use of the Watershed-Based Plan Tool is encouraged as a source of maps, resources, and strategy (http://prj.geosyntec.com/MassDEPWBP).

2. MATCH DOCUMENTATION. Letters from all organizations, including state organizations, identified as providing a portion of the non-federal match for the project, detailing the amount and source of the match to be provided by the organization. Such letter(s) must be on the organization's letterhead and signed by an authorized signatory for the organization. If up-front match is proposed, provide additional detail to document the timing of the up-front match and its exact relationship to the proposed project work. Note that match is not required for this grant cycle.

3. QUALIFICATIONS. A statement of the applicant's qualifications, and their subcontractors’ qualifications, where appropriate, to perform the proposed project. Such statements should include resumes of key personnel and examples of similar work, if available.

http://prj.geosyntec.com/MassDEPWBP

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4. All respondents must complete, execute, and return electronically with the application the CONTRACTOR AUTHORIZED SIGNTORY LISTING FORM (see Section 3). As described on the Form, this may also include separate documentation of the signatory’s authorization to sign contracts on behalf of the applicant (i.e., a letter from the Town Clerk or Selectmen attesting to the authority of the individual to sign the contract; a section of the organization’s charter or enabling legislation granting that authority; or similar).

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RESPONSE FORM

CWA s.319 NONPOINT SOURCE IMPLEMENTATION GRANT PROGRAM

RFP #: BWR-RFP-FFY2025-2026-319-GRANT CYCLE

Administrative Summary

PROJECT TITLE –

WATERSHED(S)/SUBWATERSHED(S) SERVED BY THIS PROJECT –

PROJECT TYPE(s) - see Section 2.3. A response may encompass more than one project type.

□ A. Implementation Projects to Restore Category 4a, 4c, or 5 Impaired Waters

□ B. Implementation Projects to Restore Nitrogen Sensitive Coastal Waters

□ C. Implementation of Healthy Watersheds Projects

POLLUTANT(S) OF CONCERN -

AMOUNT OF FUNDING REQUESTED AND AMOUNT AND PERCENT OF MATCH FUNDING PROPOSED

(Note that match is not required-for the FFY 2025-2026 grant cycle.)

Federal Funds via MassDEP $

Non-Federal Match $ % of the Total Budget Cost

Total Project Budget $

PROJECT SUMMARY/OBJECTIVES -

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RESPONSE FORM

PRINCIPAL CONTACT (Project Manager)

Name and Title Email

Telephone

AUTHORIZED SIGNATORY - All respondents must complete, execute and return the CONTRACTOR AUTHORIZED SIGNATORY LISTING FORM (see Section 3.3 of the RFP).

•%09Contractor%20Authorized%20Signatory%20Listing%20Form •%09Contractor%20Authorized%20Signatory%20Listing%20Form

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RESPONSE

PROJECT DESCRIPTION

Provide a brief project description in narrative form and should not exceed 12 single-sided pages.

This limit includes both a descriptive narrative and completed application documents found in this Attachment C – Application. The 12-page limit excludes additional supporting materials such as required forms, plans, maps, photos, summarized water quality data, and letters of support.

CONCISE STATEMENT OF THE PROBLEM

Description of the problem/issue, statement of need, project type, background and overall project justification. Identify and provide data (or summary) and sources of information that define the problem and support the need for the project.

Information sources may include but are not limited to Total Maximum Daily Load publications, the MassDEP Integrated List of Waters, MassDEP Sampling data and other prior studies. See Attachment H and especially Frequently Asked Question #6.

PROJECT GOAL(s) Specify the goals and anticipated environmental results of the project.

TARGETED POLLUTANT(S) AND WATERBODY(S)

Specify the targeted waterbody(s) and the pollutant(s) that are targeted by the project, if any.

ESTIMATED QUANTITY OF POLLUTANT(S) TO BE REMOVED

Estimated quantities to be removed (please use pounds, tons, and/or colony-forming units (CFUs)) for all targeted pollutants, if any, based on modeling, estimation, or other best estimate.

Percentages are not acceptable.

PROJECT STRATEGY

Strategy to achieve the project. Describe the steps that will be taken to achieve project goals and explain how the tasks and sequence will achieve those goals. Identify and describe the participation and commitment expected from other agencies and organizations. Describe the role(s) of each group and list the specific responsibilities of each. Letters of support from all organizations providing non-federal match must be submitted with the response.

NPDES STATUS

State whether the project is fully or partially in an NPDES-regulated area. If so, explain how your project meets eligibility requirements as set forth in Section 2.5, “Limitations of Eligibility for Specific Projects.”

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MILESTONES

In the Project Milestone section, identify the steps that track progress towards meeting a goal.

ACTIVITIES

In the Scope of Services section, provide a brief descriptive statement for each task/activity to be completed under the project to achieve the stated goals.

PROJECT EVALUATION – ENVIRONMENTAL INDICATORS

Description of how the project's accomplishments will be evaluated. The evaluation method selected must fit the project.

OUTREACH-TECHNOLOGY TRANSFER

For implementation projects, provide a description of the proposed outreach/technology transfer task(s), the participants in the program, and the intended audience. For Outreach and Education projects, this may be described under “Project Strategy.”

SCOPE OF SERVICES

Provide a brief descriptive statement for each task/activity to be completed under the project, and list and describe the product(s) for each task. Provide an estimated cost for each task. NOTE: Every implementation proposal must include an Outreach and Education task for the project. Every implementation project must include the development of a MassDEP-approved Operation and Maintenance Plan as a separate task. Finally, every response must include reporting requirements (quarterly updates, final project reports, etc.) as a separate task. Attach additional pages as required to describe objectives/tasks.

s.319 SHARE: NON-FEDERAL MATCH SHARE AND

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TASK/OBJECTIVE # :

DELIVERABLES:

ESTIMATED COST: s.319 SHARE: NON-FEDERAL MATCH SHARE AND

SOURCE:

TASK/OBJECTIVE # :

DELIVERABLES:

ESTIMATED COST: s.319 SHARE: NON-FEDERAL MATCH SHARE AND

SOURCE:

Repeat this page as necessary to show all proposal tasks.

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Project Budget

This budget is vital for the evaluation of proposals. Use the whole dollar method. Indicate which items will be paid for by CWA s.319 funds, and which items will be paid for by non-federal match. Attach additional pages as required. Grant administration costs cannot exceed 10% of the grant award.

Expense Items s.319 Amount Non-Federal Match and Source

Total Amount

Salary - By Title and salary range (ex.: Engineer, $40-50/hour including fringe benefits)

Sub-contractual Services

Materials and Supplies (including printing, mailings)

Travel (for auto mileage only @ $.70 /mile)

Other

Totals: $ $ $

SOURCE(S) OF NON-FEDERAL MATCH - List all sources of non-federal match funds and the amount of matching funds being contributed by each source. Letters of support from all organizations (on the organization's letterhead) identified as providing a portion of the non-federal match for the project must be submitted with the response. These letters must detail the match to be provided by the organization and must be signed by an authorized signatory for the organization. NOTE that match is not required for this grant cycle.

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CWA s.319 NONPOINT SOURCE IMPLEMENTATION GRANT PROGRAM

Project Milestone Schedule

Provide a timeline by "X-ing" out the duration of the task activity. Use additional pages as necessary.

MONTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

TASK #

TASK #

TASK #

TASK #

TASK #

TASK #

TASK #

TASK #

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Attachment B. Proposal Checklist

Use this checklist when reviewing the application to ensure that it meets the minimum format requirements.

COMPLETED ADMINISTRATIVE SUMMARY

Completed Eligibility Form Applicant and contact information Project Title Watershed(s)/Subwatershed(s) served by this project Project type(s)

Amount of funding requested Details, amount, and percent of match funding proposed.

Project summary/objectives Principal contact name and contact information Authorized Signature

PROJECT DESCRIPTION

Concise statement of the problem Targeted pollutant(s) and estimated pollutant load removal numbers (required for implementation projects) Project goals(s) Project strategy NPDES Status Milestones Activities Project evaluation - environmental indicators Outreach - Technology transfer

SCOPE OF SERVICES

Objectives/tasks Deliverables Estimated costs

PROJECT BUDGET

PROJECT MILESTONE SCHEDULE

PROPOSAL ATTACHMENTS

❑ Proposal backup data ❑ Conceptual design(s) (required for implementation projects) ❑ Maps, locus, and BMP location(s) https://forms.cloud.microsoft/g/RkCtfzFQ1E

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❑ Letters of support from all organizations providing match funds or in-kind services ❑ Documentation of property ownership and permission for BMP installation and O&M activities ❑ Statement of Qualifications, resumes of key personnel ❑ Contractor authorized signatory form

ELECTRONIC SUBMITTAL

❑ An electronic copy of a full proposal, in both Word (.docx) and .pdf, limited to 10 MB, emailed to: Malcolm.Harper@mass.gov and Padmini.Das@mass.gov ❑ Please use email subject line: “FFY2025-2026-319-GRANT Proposal [your organization name].”

❑ Electronic proposal submitted no later than 4:00 p.m. EST on October 28, 2026 mailto:Malcolm.Harper@mass.gov mailto:Padmini.Das@mass.gov

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Attachment C. Procurement and Grant Contract

Information

C1. Procurement for Grant Contracts

Solicitations and procurements are governed by specific Commonwealth regulations, and where federal funding is employed, also by federal requirements contained in the federal grant that issues the funds to the Commonwealth. Projects awarded as part of this funding opportunity will be awarded as a grant. The regulation governing this procurement is 815 CMR 2.00, with some provisions of 801 CMR 21.00. The terms of 815 CMR 2.00: Grants and Subsidies and 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this Grant Opportunity/Announcement. Words used in this Grant Opportunity document shall have the meanings defined in 815 CMR 2.00 and where applicable 801 CMR 21.00. Additional definitions are also provided in the Definitions portion of this document.

C2. Total Anticipated Duration of Grant Contract(s)

The base period of the grant contract is two and one-half years with a potential for an additional one-year extension option. No agreements for services may be executed after the grant contract has expired. Extension of the contract is at the sole discretion of MassDEP.

C3. Funding Availability, Budgeting Guidelines & Allowable Expenditures

The total anticipated expenditure for projects under this Grant Announcement is approximately $2,500,000. Grant contracts will have a maximum obligation amount.

MassDEP is under no obligation to disburse a specific sum of funding. There is no guarantee that monies will be awarded. All grant contracts shall be subject to available funding.

MassDEP reserves the right to withhold a portion of the total grant award amount, to be reimbursed in the final payment, pending receipt, review, and acceptance by MassDEP of all tasks and deliverables under the terms of the grant award contract.

MassDEP will only reimburse costs and expenses that relate directly to the proposed project and that will be incurred if the project is implemented. Contract amendments for grant contracts that are implemented under this Grant Opportunity must be done in accordance with the Commonwealth of Massachusetts Office of the Comptroller’s rules and guidance, specifically their Amendments, Suspensions or Terminations Policy (https://public.powerdms.com/MAComptroller/documents/1778973). See Attachment E (Supplemental Terms and Conditions), particularly Section 3 (Compensation and Payment of Grant Funds) for additional requirements and restrictions on payment.

https://public.powerdms.com/MAComptroller/documents/1778973

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C4. Grant Contract Award

Funding for projects selected under this Grant Announcement will be through a grant contract issued and administered by the MassDEP Clean Water Act (CWA) s.319 Grant program. MassDEP may fund multiple awards to multiple organizations within the limits of the available funding. However, MassDEP could award all of the funding for a single project, depending on the number of applications received and the results of the evaluation and ranking of the applications and projected costs.

Projects that are awarded a grant contract shall abide by the terms and conditions set forth in Attachment D of this document (Terms and Conditions) and the additional terms and conditions set forth in Attachment E (Supplemental Terms and Conditions) to this Grant Announcement. Additionally, final grant contracts are only awarded after the completion of the parties’ successful negotiation of the Project’s Final Scope of Services. Applicants should note that Grant contracts are not final until MassDEP and the Grantee signatory have signed the Commonwealth’s Standard Contract form, which also incorporates by reference the Standard Contract Form Instructions, Contractor Certifications, and the Commonwealth’s Terms and Conditions.

MassDEP does not guarantee that any grant contracts will result from this Grant Announcement, or that any particular funding amount will be awarded. It is anticipated that projects will commence shortly after MassDEP’s award of a contract when a formal notice to proceed is issued. Awarded contracts will be reviewed during the contract term and, upon request by the Grantee, may only be extended or otherwise amended at the sole discretion of MassDEP. Any extension granted will not necessarily change, or increase, the monetary value of the contract.

C5. Applicant Communication with MassDEP and the Commonwealth

Applicants are prohibited from communicating directly with any employee of MassDEP regarding this Grant Opportunity except as specified in this Grant Announcement, and no other Commonwealth employee or representative is authorized to provide information or respond to questions or inquiries concerning this Grant Announcement. Applicants may contact the contact person for this Grant Announcement in the event this Grant Announcement is incomplete, or if the applicant is having trouble obtaining any referenced documents or required attachments. Note that there is an open period to submit written questions up to the deadline specified in this Grant Announcement. MassDEP’s response to written questions received from all prospective applicants during the question period will be answered and posted on the MassDEP website for this Grant Announcement.

C6. Grant Announcement Distribution Method

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This Notice of Grant Availability has been distributed electronically using the Commonwealth’s electronic procurement and solicitation website COMMBUYS (posted Wednesday, September 2, 2026). The RFP is also posted on the MassDEP Grants and Financial Assistance: Watersheds & Water Quality website, https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality#section-319-nonpoint-source-competitive-grants-program-. It is the responsibility of every Applicant to check the MassDEP website for any addenda or modifications to the Grant Announcement to which they intend to respond. The Commonwealth of Massachusetts and its subdivisions accept no liability and will provide no accommodations to Applicants who fail to check for amendments to the Grant Announcement and/or submit inadequate or incorrect responses.

C7. Prohibition of Changes to the Grant Announcement/Application

Applicants may not alter the Grant Announcement language or any Grant Announcement component files. Those submitting an application must respond in accordance with the Grant Announcement directions and complete only those sections that prompt an Applicant for a response. Modifications to the body of the Grant Announcement, specifications, terms and conditions, or which change the intent of the Grant Announcement are prohibited. Any unauthorized alterations will cause rejection of the response by the MassDEP. If an Applicant finds an error where a change may be required, the Applicant should immediately contact the MassDEP CWA s.319 Grant contacts listed in Section 1.3 of the RFP.

C8. Failure to Provide a Complete and Compliant Application

Submittals that are received that are incomplete and/or non-compliant with the requirements stated in this Grant Announcement are subject to disqualification.

C9. Reasonable Accommodation

Applicants with disabilities or hardships that seek reasonable accommodation, which may include the receipt of Grant Announcement information in an alternative format, must communicate such requests in writing to the CWA s.319 Grant contact person. Requests for accommodation will be addressed on a case-by-case basis.

C10. Selection for a Grant Award

Applications that are determined to be eligible for grant funding as described in this Grant Announcement, and that meet the evaluation criteria outlined in Section 4 of the RFP and the terms and conditions of the Grant Contract, may be awarded a Grant Contract. However, as indicated previously in this document, there is a limited pool of grant funding for CWA s.319 projects, and as a result, there is a possibility that Applicants who otherwise meet the eligibility criteria for grant funding may not be awarded funds for a project.

https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality#section-319-nonpoint-source-competitive-grants-program-https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality#section-319-nonpoint-source-competitive-grants-program-https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality#section-319-nonpoint-source-competitive-grants-program-https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality#section-319-nonpoint-source-competitive-grants-program-https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality#section-319-nonpoint-source-competitive-grants-program-

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Failure of the Applicant to be awarded a grant under this Grant Announcement shall not eliminate their eligibility or consideration for any future grant funds that may be available through the CWA s.319 Grant program.

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Attachment D. Terms and Conditions of Grant Contract

Award

Any Grant Applicant receiving an award must comply with the following requirements:

D1. Commonwealth Terms and Conditions

The general terms and conditions for this contract are set forth in the following Commonwealth documents:

Commonwealth of Massachusetts Standard Contract Form, which incorporates by reference the Standard Contract Form Instructions, Contractor Certifications, and Commonwealth Terms and Conditions

In addition to meeting the requirements of this Grant Announcement, the Grantee’s authorized signatory must sign and submit original, ink versions of the “Standard Contract Form” with the completed Grant Application documents. The terms and conditions contained in the Standard Contract Form and all Commonwealth documents listed above that are incorporated by reference supersede any and all other terms that may be defined explicitly or implied in this Grant Announcement. It is important that the entity submitting a proposal fully understands all of the terms and conditions contained in these documents, and the referenced terms in these documents and how the terms apply to their agency, organization, or business. A Grantee that fails to comply with the terms and conditions required by this Grant will be terminated from the contract. See 815 CMR 2.00.

D2. Supplemental Terms and Conditions

Supplemental terms and conditions are requirements that are specific to the contracts resulting from this Grant Announcement. The Supplemental Terms and Conditions are provided in Attachment E (Supplemental Terms and Conditions).

D3. Additional Requirements

In addition to complying with the requirements of this section, any Applicant receiving a Grant Award must adhere to all requirements of the Grant Application, and all documentation submitted in support of that application. If, after the award of a Grant to a recipient, the Grant Review Team receives information that there has been a material omission or misrepresentation by the Grant Applicant regarding any aspect of the proposed project, this may constitute grounds for invalidating the Grant award.

D4. S.319 RFP Requirements and Conditions

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1. Funding for this program is subject to s.319 federal grant awards from the EPA to the Department.

2. Grantees or their subcontractors are presumed to be equipped for, and capable of, carrying out the proposed work. Expenses for extensive training, or purchase of software, computers, construction tools and equipment, vehicles, and other capital expenditures are not eligible for reimbursement.

3. Grant funds cannot be used to provide meals, snacks, or other refreshments for project activities.

4. For any BMP installation funded under the s.319 program, written certification that the system has been installed consistent with engineering and design specifications will be required from the designer or supplier of the technology as a project deliverable.

The certification must occur prior to the system being covered, buried, or otherwise made inaccessible, and shall occur in advance of release of payment for the system by the Department.

5. An Operation and Maintenance Plan will be required as a grant deliverable for each

BMP installed. Provisions requiring designer or supplier of the technology certification and a long-term Operation and Maintenance Plan must be consistent with Standard 9 of the Massachusetts Stormwater Policy (found on page 23 of the 2008 Massachusetts Stormwater Handbook, Volume 1) and will be included in the contract or ISA between the grantee and the Department. Please see the Massachusetts Stormwater Policy.

The Operation and Maintenance plan must be effective for the life of the BMP.

6. The award of a s.319 grant does not constitute a permit or any other approval that may be required for the project. Grantees must obtain, and comply with, all federal, state, and local permits and approvals required for the project.

7. Administrative costs for overseeing the grant (e.g., reporting and invoicing) cannot exceed 10% of the grant award. The cost of actual project management, including overseeing contractors and site work and managing project-related activities, does not count against the 10% administrative costs.

8. At a minimum, quarterly progress reports, and draft and final reports will be required for all projects selected for s.319 funding. All selected projects will be required to submit electronic copies of all project materials in a format that is compatible with the Department’s software systems. All project responses must include the reporting requirements as a separate task, and the budget must include costs for meeting these reporting requirements.

9. The Department reserves the right to fund a portion, change the scope and/or add or delete tasks of any project proposal to more closely meet the purposes of the program.

https://www.mass.gov/guides/massachusetts-stormwater-handbook-and-stormwater-standards#-stormwater-handbook-volume-1-

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Respondents will have the option of rejecting the grant award if the revised scope does not meet their goals.

10. Prior approval of the Department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors. Subcontractors are required to meet the same state and federal financial and program reporting requirements and are held to the same state and federal financial and program reporting requirements and held to the same reimbursable cost standards as contractors.

11. Updated EPA Subaward Policy: Please be aware of and adhere to compliance with the

EPA Subaward Policy, dated October 1, 2024 (Amended Grants Policy Issuance (GPI) 16-01) regarding Clean Water Act s.319 grant-related contractor (grantee) and subcontractor requirements. Please note that the EPA Subaward Policy refers to a “Consultant Fee Cap” (2 CFR 1500.10) that applies to “consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate.” The Consultant Fee Cap limits the amount of funding a federal program is allowed to reimburse for personal compensation (currently set at $93.53 per hour).

This Consultant Fee Cap does not include costs such as travel or overhead.

The Consultant Fee Cap does not apply to contracts with multi-employee firms for consulting services, provided the contractor or subcontractor rather than the recipient (MassDEP) or subrecipient (grantee) selects, directs, and controls individual employees providing consulting services. The Consultant Fee Cap also does not apply to fixed price contracts such as those structured as lump sum payments for completion of a product or service. If a contractor (grantee) and/or subcontractor charges more than the EPA’s hourly rate limit, the difference must be covered by non-federal funds.

12. The expected overall duration of the Contract is from on or about contract start date through approximately two and a half years.

13. The payment procedure for s.319 projects is reimbursement for costs incurred for the project during the contractual period. Advance payments shall not be made.

Reimbursement is generally made within 45 days subsequent to a grantee submitting a correctly executed invoice with appropriate backup and a completed Match Certification Form. No payments shall be made for Massachusetts sales tax.

14. MassDEP reserves the right to withhold a portion of the total grant award amount, to be reimbursed in the final payment, pending receipt, review, and acceptance by

MassDEP of all tasks and deliverables to under the terms of the grant award contract.

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15. The Department may, at any time and without penalty, reject any or all responses whenever the Department determines that such action is in the best interests of the Commonwealth.

16. The Department shall have the option to offer a respondent an opportunity to provide a "Best and Final Offer", and it may limit the number of respondents for this option.

17. All responses and information submitted in response to this RFP are subject to the

Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26, regarding Public Access to such documents. Any statements reserving any confidentiality or privacy rights in submitted responses inconsistent with these statutes will be voided and disregarded.

18. Unless otherwise specified in this RFP, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFP to any manufacturer or proprietor, or to constitute an endorsement of any good or service. The Department may consider clearly identified offers or substantially equivalent goods and services submitted in response to such reference.

19. A response which fails to meet any material term or condition of the RFP, including the submission of required attachments, may be deemed unresponsive and disqualified.

Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost-effective performance than achievable under the stated RFP specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFP specifications. The Department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance.

20. The Department may require that a Memorandum of Understanding (MOU) be signed by the Grantee and any participating organization and/or agency prior to the Grantee receiving Notice to Proceed for the contract. An MOU is an agreement between the Grantee and each participating organization and/or agency that lists the specific project responsibilities of these participating groups.

21. All materials, software, maps, reports, and other products produced through the grant program shall be considered in the public domain and thus available at the cost of production.

22. All publicly-available electronic project deliverables (documents and reports) must comply with the Americans with Disabilities Act Title II (ADA Title II). Information about Massachusetts Digital Accessibility requirements can be found at the Massachusetts Digital Accessibility website.

https://www.mass.gov/info-details/americans-with-disabilities-act-ada-title-ii-digital-accessibility-information-and-requirements#%3A~%3Atext%3DAmericans%20with%20Disabilities%20Act%20Title%20II%2c-What%20is%20the%26text%3DThe%20ADA%20guarantees%20equal%20opportunity%2clocal%20government%20services%2c%20and%20transportation https://www.mass.gov/digital-accessibility

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23. During the project, title to any and all real and personal property, equipment and accessories purchased and used for the project scope of work and funded in whole or part by this grant program shall be in the name and control of the grantee.

24. After termination of the project, the manner of use and disposition of any equipment and accessories purchased and used for the project and funded in whole or part under this grant program shall be determined by the Department.

25. Grantees will be required to immediately notify the Department of the loss or reassignment of a project manager, and the Department requires that a replacement project manager be assigned within sixty (60) days. The Department reserves the right to approve all replacement project managers. The Department also reserves the right to terminate the contract if the contractor fails to replace a project manager within this time frame.

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Attachment E. Supplemental Terms and Conditions

In addition to the Commonwealth Terms and Conditions cited in the Grant Announcement, the following supplemental terms and conditions apply to the grant contracts issued as a result of this Grant Announcement:

1. Electronic Communication/Update of Grantees’ Contact Information

It is the responsibility of the Grantee to keep current the email address of the Grantee’s contact person and prospective contract manager, and to monitor that email inbox for communications from MassDEP, including requests for clarification. MassDEP and the Commonwealth assume no responsibility if a Grantee’s designated email address is not current, or if technical problems, including those with the Grantee’s computer, network or internet service provider (ISP) cause email communications sent to/from the Grantee and MassDEP to be lost or rejected by any means including email or spam filtering.

2. Contract Expansion

If additional funds become available during the grant contract duration period, the Department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this Grant Announcement or to execute contracts with Grantees not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

3. Compensation and Payment of Grant Funds

Costs which are not specifically identified in the Applicant’s response, and/or accepted by MassDEP as part of a grant contract, will not be compensated under any contract awarded pursuant to this Grant Announcement. The Commonwealth will not be responsible for any costs or expenses incurred by Applicants responding to this Grant Announcement.

Upon award of a contract, the following terms and conditions apply to compensation and payment to the Grantee.

a. Payment for Project Deliverables: Contracts will be paid on a reimbursement-of-costs basis and under maximum obligation contract basis. The payment procedure for awards is reimbursement for costs incurred for the project during the contract period. Only project costs incurred during the contract period will be eligible for payment.

b. Payment only for MassDEP-Accepted Deliverables: Compensation will be made for services or activities and accepted by MassDEP’s s.319 Grant Coordinator and Contract Administrator provided the project budget is not exceeded, and the scope of the services

E-2 or activities delivered falls within the scope defined in the approved work plan or subsequent MassDEP approved scope changes, such as a change order document.

c. Cost Tables: Compensation will be based solely on the budget/cost tables supplied by the Applicant and accepted by MassDEP. Cost tables must contain all deliverables to be provided on this Contract.

• Travel is reimbursed for vehicle miles only at $0.70 per mile.

• No meals, snacks, beverages, or other comestibles may be purchased using grant funds.

• Grantees are presumed to be equipped to carry out the proposed work. Clean Water Act (CWA) s.319 funds cannot be used to purchase computers, software, capital equipment, and/or similar expenditures.

d. Payment Restrictions: The following are restrictions that may result in non-payment to the Grantee:

• Costs which are not specifically identified in the Grantee’s proposal and/or accepted by MassDEP as part of a contract, will not be compensated under any grant contract awarded pursuant to this Grant;

• Costs incurred after the end date of the grant contract will be ineligible for payment;

• Grantees are at risk for non-payment of claims that exceed the MassDEP-approved budget for the project, and cost elements within the project that are tracked as part of the financial management and reporting requirements as determined on a project specific basis;

• The Commonwealth will not be responsible for any costs or expenses incurred by the Applicants responding to this Grant Announcement; and

• Invoices for costs incurred in prior fiscal years cannot be paid.

e. Payment through the Commonwealth’s Electronic Funds Transfer (EFT): All Grantees must comply with the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the Grantee can provide compelling proof that it would be unduly burdensome. The requirement for EFT participation is stipulated in the general Commonwealth of Massachusetts – Standard Contract Form. The link to the EFT Form is:

https://www.mass.gov/doc/electronic-funds-transfer-sign-up-form-0/download

Because the Authorization for EFT Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by MassDEP on a case-by-case basis if participation in the program would be unduly burdensome on the Grantee. If a Grantee is claiming that this requirement is a hardship or unduly burdensome, the specific reason https://www.mass.gov/doc/electronic-funds-transfer-sign-up-form-0/download

E-3 must be documented in its response. MassDEP will consider such requests on a case-by-case basis and communicate the findings with the Grantee.

f. Invoices Submitted for Reimbursement of Costs: Invoices that are submitted to MassDEP for reimbursement must have sufficient detail to document the validity of the costs being claimed. At a minimum, the invoice must parallel the task breakdown structure and cost elements contained therein so the invoice can be directly compared to the approved budgets for the various cost elements. The level of detail and breakdown of the cost elements in the budget and the invoices will be determined on a project specific basis.

As a claim for payment, MassDEP provides an Invoice form for each project that should be followed. Invoices include major sections consistent with the project budget containing the information supporting the claim, depending on the project and payment type and structure.

MassDEP requires supporting documentation for costs that are included in the claim for compensation in the invoice. Supporting documentation includes items such as copies of bills and invoices from subcontractors, travel expenses (vehicle only), and bills for materials and supplies. The required supporting documentation will be determined on a project specific basis by MassDEP; however, the Grantee may assume that the items cited in this clause will be required.

g. 45 -Day Standard Payment Schedule: Reimbursement is generally made 45 days subsequent to the Grantee submitting an invoice that is accurate and compliant with the contract specific requirements for backup supporting documentation. Invoices that are not compliant with these requirements will be rejected and returned to the Grantee for correction, and the 45-day payment period will no longer apply.

h. Exemption from Massachusetts Sales Tax: No payments shall be made for Massachusetts sales tax as defined in M.G.L Chapter 64H, sec. 6, as applicable to the Grantee.

i. Fair and Reasonable Pricing: The Applicant must agree that prices included in any and all cost proposals, cost estimates, and bills and invoices for services to be compensated by contract funds are fair and reasonable, and are of fair market value where applicable, including but not limited to prices for labor, equipment rental and leases, equipment purchases, materials and supplies, vehicle usage, and all other costs to be compensated by the funds from the contract. If the Commonwealth believes that it is not receiving fair and reasonable prices from the Grantee, and the Grantee cannot justify the prices to the MassDEP, then MassDEP reserves the right to suspend work and compensation until a satisfactory price is established.

4. MassDEP Authorized Approval Authorities

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For this contract, the following are the titles, persons, and their approval authorities to direct and approve the Grantees’ technical and financial implementation of the projects throughout the period of performance of the contract:

The NPS Management Section Chief has the authority to approve the technical and administrative aspects of the project, including initial approval and approval of changes to technical and administrative items that do not involve impacts to project costs or impact terms and conditions of the contract. Co-authority, with the Contract Administrator, to approve budgets, changes to budgets, acceptance or rejection of invoices, approval or disapproval for payment of invoices or partial payments, negotiations regarding payments, and terms and conditions of the contract that are open to negotiation, usually on a project specific basis. The MassDEP NPS Management Section Chief is Dr. Padmini Das.

The s.319 Grant Coordinator interacts with the Grantee to provide technical and administrative assistance. Reviews and approves progress reports and deliverables, prepares and recommends scope and budget amendments, ensures that project work is progressing according to project timelines and Department expectations. The MassDEP s.319 Grant Coordinator is Malcolm Harper.

The s.319 Contract Administrator has Co-approval authority, with the MassDEP NPS Management Section Chief, to approve the budgets, cost estimating and invoicing format on a project specific basis, acceptance or rejection of invoices, payment approval or disapproval of invoices or partial payment of invoices, negotiations regarding payments, and terms and conditions of the contract that are open to negotiation, usually on a project specific basis.

The current MassDEP s.319 Contract Administrator is Monica M. Vega. In the absence of either the NPS Management Section Chief or s.319 Contract Administrator, approval and signature “for” authority may be delegated to other MassDEP staff, as appropriate.

5. Environmental Response Submission Compliance

NOTE: this provision is applicable only in the event that MassDEP and the Applicant agree to submission of a hard copy Application response in lieu of electronic submittal due to case-specific hardship circumstances:

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all paper responses submitted should comply with the following guidelines:

• All paper submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf).

• Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, E-5 plastic dividers, vinyl sleeves and GBC binding. Binder clips, glued materials, paper clips and staples are acceptable.

• Applicants should submit materials in a format that allows for easy removal and recycling of paper materials.

• Applicants are encouraged to use other products that contain recycled content in their response documents.

• Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

6. Restriction on the Use of the Commonwealth Seal

Applicants and Grantees are not allowed to display the Commonwealth of Massachusetts Seal in their proposal package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

7. Subcontracting Policies

Concurrence of the Department is required for any subcontracted service of the contract.

Grantees are responsible for the satisfactory performance and adequate oversight of their subcontractors. See also Article 9 of the Commonwealth Terms and Conditions.

8. Confidential Information:

The Grantee acknowledges that, in the performance of this Contract, it may acquire information that the Department deems confidential and not a public record as defined by M.G.L. chapter 4, subsection 7, including but not limited to policies, procedures, guidelines, and case information and that the unauthorized disclosure of such information would cause the Department, in the execution of its functions, irreparable damage. The Grantee shall comply with all laws and regulations relating to confidentiality and privacy, including any rules, regulations, or directions of the Department. See also, Standard Contract Form’s Contractor Instructions, pages 4-5, regarding the Protection of Commonwealth Data, Personal Data, And Information.

9. Security of Confidential Information

The Grantee agrees to take reasonable steps to ensure the physical security of such data under its control, including but not limited to: fire protection; protection against smoke and water damages; alarm systems; locked files, guards or other devices reasonably expected to prevent loss or unauthorized removal of manually held data; passwords, access logs, badges or other methods reasonably expected to prevent loss or unauthorized access to electronically or mechanically held data; limited terminal access, access to input documents and output documents, and design provisions to limit use of personal data.

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10. Flow-down the Confidentiality Provision to Subcontractors

The Grantee shall include language in agreements with each of its Subcontractors, which binds the Subcontractors to compliance with the confidentiality provisions of this Contract.

11. Fraud, Waste, and Abuse, and False Statements

Grantees that commit fraud, waste, and/or abuse or supply MassDEP or its representatives with false statements shall result in the applicant being disqualified from Grant eligibility, and Grantees being suspended or terminated from the project. Misstatements meant to mislead MassDEP or its representatives, and other elements of fraud, waste or abuse of funds may also result in debarment of the Grantee from future Departmental projects, and potential legal action depending on the nature of the violation of this section.

12. Performance, Progress Reporting, and Funding Reference for Printed and Internet

Posted Materials:

Grantees will be required to demonstrate satisfactory performance under this contract through periodic review by MassDEP. Projects will have quarterly progress reports, a draft and a final project completion report. Quarterly reporting requirements include a task-by-task summary of project progress, percent of task completion, work to be conducted in the coming quarter, and any problems or challenges. All projects will have a final project completion report. All projects and descriptions, in print and on the Internet, must contain an acknowledgement of MassDEP and EPA participation using language specified in the project contract.

13. Compliance with U.S. EPA General Terms and Conditions:

Grantee, through submission of an application to MassDEP, agrees to comply with the applicable provisions of the EPA’s General Terms and Conditions in effect at the time of, and during the duration of, any grant award made by MassDEP involving federal funds. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions, and restrictions reflected on the official assistance award document, and passed along by MassDEP to grantees. Failure to comply with the applicable provisions of the EPA General Terms and Conditions may result in enforcement actions as outlined in 2 CFR 200.339 and 200.340. Copies of the EPA General Terms and Conditions are available online at: www.epa.gov/grants/grant-terms-and-conditions#general.

14. Copyrighted Material:

Grantee agrees to comply, and/or assist MassDEP in complying, with requirements regarding copyrighted material described in 2 CFR part 200.315, “Intangible property.”

15. Cybersecurity:

http://www.epa.gov/grants/grant-terms-and-conditions#general

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Grantee agrees to comply with all applicable state laws regarding cybersecurity, when collecting, managing, protecting, and reporting environmental data associated with the approved workplan and/or SOW for the work funded by the Grant Award contract. Grantee expressly agrees to comply with Article 6 of the Commonwealth’s Terms and Conditions, as well as the section titled, “Protection of Commonwealth Data, Personal Data and

Information” within the Commonwealth’s Standard Contract Form Instructions and

Contractor Certifications, incorporated by reference through the execution of the

Commonwealth’s Standard Contract Form for this Grant award.

Further, Grantee agrees that, as a subrecipient of an EPA grant award, it shall comply with the following condition, outlined in MassDEP’s Cooperative Agreement with the U.S.

Environmental Protection Agency for the CWA s.319 grant program, if the Grantee’s network or information system is connected to EPA networks to transfer data to the Agency, using systems other than the Environmental Information Exchange Network or EPA’s Central Data

Exchange:

“EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition.