BWR.DWI.RFR.2026.CWNS.MSA_10.5.26 - 2.docx

THE COMMONWEALTH OF MASSACHUSETTS

executive office of energy & environmental Affairs department of environmental protection

DIVISION OF WATER INVESTMENT

100 Cambridge Street, Boston, MA

Request for Response (RFR)

Document Title: Engineering Services to Gather Infrastructure Assessments for the Federal Clean Watersheds Needs Survey

COMMBUYS Bid#: TBD

Agency Document Number: BWR-DMS-RFR-2026-CWNS-MSA

October 2026

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www.COMMBUYS.com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888-MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m. Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

Table of Contents

RFR Introduction and General Description Procurement Scope and Description

The CWNS is an assessment of capital investments required for publicly owned wastewater collection and treatment facilities, stormwater and combined sewer overflows control facilities, nonpoint source pollution control projects, and decentralized wastewater management, to meet the water quality goals of the federal Clean Water Act.

The CWNS is designed to capture state-wide capital needs for a period of twenty (20) years. To maximize the CWNS results, MassDEP has funding available through the Massachusetts Clean Water Trust (the Trust) to conduct these needs surveys on behalf of multiple cities and towns (Local Government Units (LGUs), or Communities) in Massachusetts.

MassDEP is seeking expression of interest to this Request for Responses (RFR) from qualified Firms which are interested in one or both of the following tasks:

1. conducting multiple CWNSs, new or updated, that identify documented capital needs for specified municipalities across Massachusetts, including populating the MassDEP CWNS portal with collected information; and/or,

2. performing quality assurance reviews of survey data submitted to the MassDEP CWNS portal.

Note that Firms will not perform quality assurance reviews of survey data that they submitted.

As described in more detail in Section 3: Specifications of this RFR, Firms that will be selected by MassDEP for these services must have significant experience in (1) the planning, design, cost estimation, and construction of wastewater collection and treatment facilities; (2) the planning, design, cost estimation, and construction of stormwater drainage systems and combined sewer overflows control facilities; (3) the planning, design, cost estimation and implementation of water pollution abatement projects, including non-point source pollution abatement projects; (4) the preparation of asset management plans that include schedules for routine facility maintenance to prevent system failures and the information necessary to make budget appropriations and rate system adjustments; (5) experience in conducting previous CWNS surveys and reports; and (6) experience in the preparation of project cost estimation. Specific services which are required to meet the goals and annual milestones are described in Section 3.1.4: Service Specifications (after Contract Award).

Scope

After contract award, MassDEP will distribute the Survey to identified communities for updating or completion and request that each community specify as to whether it needs assistance to complete or update the Survey.

Firms that have been pre-qualified through this solicitation will be assigned to a community(s) who requests such assistance and may be required to: visit and inspect various components of the systems owned by the community; conduct interviews with appropriate personnel to assemble pertinent facility information and obtain supporting documentation; review and evaluate the relevant plans and documentation of each system; and then complete the EPA-mandated survey forms for MassDEP’s review, approval, and submission of the survey through EPA’s data entry portal. MassDEP will make an effort to assign firms that are already familiar with the community’s local wastewater infrastructure. To the extent required, some Firms may be assigned to assist with multiple Surveys. Said Firms will have a demonstrated ability to perform multiple surveys on a concurrent basis.

MassDEP anticipates that the selected Contractor(s) will update approximately 171 community surveys conducted in 2022. MassDEP will also identify additional communities who express a desire to participate in the Survey. This Survey will collect the following information: estimated needs to address water quality or water quality related public health problems; location and contact information for facilities and projects; facility populations served, flow, effluent, and unit process information; and nonpoint source pollution control best management practices.

Subsequent to the data collection activities, including populating the MassDEP CWNS portal by the surveying Firm, a quality assurance review of the survey data will be conducted by a Firm separate and distinct than the one who collected and entered the data into the MassDEP CWNS portal.

Applicable Procurement Law

This Bid is issued under the following law(s):

· MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

Number of awards MassDEP is seeking to establish a pre-qualified master list of Firms for use by MassDEP for the purposes stated in RFR Section 1.1 above. MassDEP anticipates that it will pre-qualify multiple Firms as a result of this procurement and has not set an upper limit on the number of Contractors.

After the Firms have been pre-qualified through this solicitation, MassDEP will assign surveys to firms from the pre-qualified list. However, MassDEP’s selection of any Firm for the pre-qualified master list is not a guarantee that an engagement will result during the term of this contract.

Adding Contractors after initial Contract award In the discretion of the Strategic Sourcing Services Team (SSST), qualified Contractors may be added to the pre-qualified master list after initial Contract award. If, over the life of the Contract, the SSST determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

Eligible Entities Limited User Contract – Restricted to Use by Issuing Entity Only. Any contract resulting from this Bid will be open for use by the Issuing Entity Only. The issuing entity for this solicitation is the Massachusetts Department of Environmental Protection.

Acquisition Method(s) The acquisition method to acquire goods and/or services from this Solicitation is Fee for Service.

Performance and Payment Timeframes Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance, or other agreements for services entered during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 6 months after final contract end date. No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance, or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main contract.

Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Total Maximum Contract Duration

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $800,000; contingent upon the availability of funding, this value may change during the contract term to the extent required to meet the needs of this project.

The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

Estimated Procurement Calendar

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

0. Written questions via the Bid Q&A on COMMBUYS The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SSST regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions) and prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that questions submitted to the SSST using any other medium (including those that are sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing since all questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SSST reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

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

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Amendment Deadline The SSST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The SSST and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Specifications Additional required terms appear in the Appendices to this RFR.

Bidder Qualifications

In General: All Bidders must submit an RFR Response that includes a description of services offered and is responsive to this Specifications section and to all other requirements of this RFR. By submitting a response to this RFR, all Bidders acknowledge and affirm that their RFR Response: (1) complies with and will adhere to all required terms and conditions of the RFR, (2) includes a qualified team, and (3) if selected as a result of this solicitation, will ensure that all personnel associated with the required services will remain qualified for these services for the duration of the Contract.

Statement of Qualifications Narrative

Each Bidder shall provide as part of its RFR Response a Statement of Qualifications Narrative, which shall summarize the Firm’s experience and capabilities to perform the requested CWNS services as described in this RFR. In the Narrative, Bidders must provide the following information regarding their experience and qualifications:

1. The Firm’s prior experience in conducting EPA’s CWNS surveys, including their level of experience with and/or capability of performing multiple surveys on a concurrent basis. In connection with this requirement, each firm must submit three (3) references from prior CWNS or similar projects, utilizing the OSD standard Business Reference Form available through COMMBUYS.

2. The Firm’s current engineering experience and related qualifications relevant to performing the CWNS services, specifically addressing the Firm’s expertise in the following areas:

a. Planning, design and construction of wastewater collection and treatment facilities, including new construction or retrofitting existing facilities to optimize delivery of services;

b. Planning, design and construction of stormwater and combined sewer overflows control facilities;

c. Planning, design and implementation of water pollution abatement projects, including projects that address nonpoint source pollution;

d. Preparation of asset management plans that include schedules for routine facility maintenance and capital investments to prevent system failures and the information necessary to make budget appropriations and rate system adjustments;

e. Experience in conducting previous CWNS surveys and reports; and

f. Experience in the preparation of project cost estimation.

3. Identification of the Bidder’s Key Personnel who will be assigned to perform the CWNS services if the Firm is awarded a contract, including all Key Personnel resumes, and a brief summary (not to exceed 2 paragraphs) summarizing the capabilities of the Key Personnel to perform these services.

Additional Qualification Requirements -- Bidder’s Business Profile

As part of the RFR Response, all Bidders shall also provide in the following Business Profile information:

1. A Firm Overview, including a short (one page) overview of all environmental services offered by the firm, and a one-page organizational chart;

2. The official corporate name, address, and email information of the Bidder;

3. The Firm’s incorporation information, including the date of and incorporation location and its principal place of business;

4. Whether the Firm is currently in bankruptcy or has filed for bankruptcy within the 3 years prior to the posting date of this RFR;

5. Any other names under which the Bidder does business; and

6. The Name of the Bidder’s proposed Project Manager (Point-Of-Contact) for the CWNS services, including email address and cell phone contact information.

References and reference information and/or requirements

Using the Massachusetts Operational Services Division (OSD) standard Business Reference Form, available through COMMBUYS, Bidders must provide all requested information on this form for three (3) references for the SSST to contact with respect to past projects pertinent to the services described through this solicitation. In completing this form, Bidders should note that the “Bidder” is the name of the company submitting a Quote in response to this RFR and the “RFR Name/Title” and the “Agency Document Number” can be found on the cover of the RFR document and in the Short Description field in the Header Information of the Bid record in COMMBUYS. Also, please note that: “Reference Name” is the name of the organization (if not applicable, then name of the individual) that is providing the reference; “Contact” is the name of the individual inside the organization that will provide the reference; and the “Address,” “Phone #” and “Fax/Internet Address” are those of the “Contact” so that the SSST may be able to reach them.

Service Specifications (after Contract Award)

Bidders who have been pre-qualified as a result of this solicitation to be on the Department’s Master Service Agreement list may be contracted to provide one or both of the services outlined in Task A and Task B.

NOTE: MassDEP reserves the right to prefer and/or utilize, for both placement on the pre-qualified master list and when awarding contracts, those professional engineering firms that have previously worked with communities on wastewater and stormwater projects. For the CWNS, MassDEP may select communities that have extensive existing or proposed wastewater collection and treatment systems and stormwater evaluations, that could result in more projects being identified for the survey for future EPA funding. Communities may also have preference on MassDEP’s selection of a Firm to perform the CWNS services. A community’s preference is usually based upon its prior experience with a Firm.

Task A. Conducting CWNS; Data Gathering and Submission In conducting or updating the CWNS and gathering the requisite data, Firms are asked to visit and inspect, as necessary, the wastewater or stormwater systems and equipment in a given city or town; conduct interviews with appropriate personnel (such as public works and other municipal personnel) to assemble pertinent facility information and obtain supporting documentation; review and evaluate the relevant plans and documentation of each system to ascertain and document the wastewater and stormwater (i.e., CWNS) capital needs for the targeted local governmental unit (LGU) and survey; and complete the EPA-mandated survey forms for review and approval. To the extent required, some pre-qualified firms with a demonstrated capability to perform multiple surveys on a concurrent basis may be assigned multiple CWNSs.

Prior to conducting or updating the surveys, MassDEP will provide all Firms with training and instructions on the details of revising, conducting, and/or reviewing the CWNS to ensure that all surveys are completed consistently and in accordance with EPA requirements. As part of this training, Firms will be provided with the CWNS forms and instruction booklet. Firms are required to ensure that all completed and updated surveys comply with the guidelines established by EPA.

CWNS data on capital investment needs are organized into the following categories:

I. Secondary Wastewater Treatment II. Advanced Wastewater Treatment

X. Recycled Water Distribution

Deliverables:

· On or before July 31, 2027, the data collection Firm shall submit completed CWNS to MassDEP via the data portal. As outlined in Task B, MassDEP will assign a Firm or Firms to review all CWNSs for completeness and adherence to EPA’s requirements. MassDEP reserves the right to require that collection Firms revise any surveys at no additional cost to the Department. The data collection Firm shall submit all completed CWNSs as follows:

a) The data collection Firm must submit the completed electronic CWNS forms provided by MassDEP to the MassDEP-designated portal.

b) The data collection Firm must also submit annotated PDF copies of all the supporting documentation associated with the projects listed in each CWNS by email or ftp site access directly to MassDEP’s Contract Administrator (see RFR Section 4.3 below).

c) If MassDEP or the reviewing consultant firm provides comments that require revision of the drafted survey, the data collection Firm must submit revised surveys to MassDEP within two (2) weeks of receiving the comments.

NOTE TO BIDDERS: MassDEP must finalize and submit all EPA CWNS survey forms to EPA by a deadline to be set by EPA, October 29, 2027.

Task B. Performing the Quality Assurance Reviews of the Submitted Survey Forms and Documentation The reviewing Firm(s) will perform quality assurance reviews on the survey documentation submitted by the data collection Firm(s) in accordance with Task A to ensure that said documentation is complete, accurate, and consistent with EPA requirements. In this review, the reviewing Firm(s) will:

· Provide a review of all survey documentation submitted, including municipal communications, planning documents, and infrastructure evaluations;

· Check for duplication of information already submitted in previous CWNS, including the 2022 CWNS and Intended Use Plans (IUP);

· Verify that the identified need(s) fall within CWNS eligibility guidelines, ensuring that all proposed projects meet EPA and MassDEP criteria for inclusion;

· Identify any gaps or inconsistencies in the documentation and provide recommendations for clarification or correction; and,

· Confirm that the survey reflects a complete and thorough effort before MassDEP’s final approval.

Deliverables:

· Within two (2) weeks of receiving the assignment, the reviewing Firm(s) will provide comments on materials or information that needs revision to comply with EPA Requirements.

· Within two (2) weeks of either receiving the assignment or upon the resubmittal of corrected information by the data collection Firm, the reviewing Firm(s) will identify the successful completion of the survey submittal by the data collection Firm.

Supplier Diversity Program

Program Background Pursuant to, Executive Order 599 the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

Financial Commitment Requirements All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

· Disability-Owned Business Enterprise (DOBE)

· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE) Eligible Types of Business-to-Business Relationships Bidders and Contractors may engage SDP Partners in the following two ways:

· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. If subcontracting is proposed, it must meet all the subcontracting provisions (if any) listed in this RFR. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors. These may include but are not limited to the following examples: professional services (e.g., IT, legal, advertising, HR, accounting etc.), maintenance services (e.g., cleaning, landscaping, tradespersons services, etc.), office expenses (e.g., office supplies, furniture, IT supplies, etc.). Anything declared as a business expense in which a certified vendor is used would qualify.

Program Flexibility The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

· SDP Partners are not required to be subcontractors.

· SDP Partners are not required to be Massachusetts-based businesses.

· SDP Partners may be changed or added during the term of the contract provided the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

· Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the SBA Veteran Small Business Certification (VetCert) directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

· Certified by one of SDO’s recognized third-party certification bodies but not yet listed in the SDO Directory of Certified Businesses: Such partners must be certified in eligible categories by one of SDO’s recognized third-party certification bodies, which include the City of Boston, the Greater New England Minority Supplier Development Council (GNEMSDC), the Center for Women & Enterprise (CWE), Disability: IN, National LGBT Chamber of Commerce (NGLCC), or the National Veteran Owned Business Association (NaVOBA) but have not yet opted to be listed in the SDO Directory of Certified Businesses. In order to opt into SDO’s Directory of Certified Businesses, the SDP partner must follow the applicable expedited instructions on SDO’s Apply for Recognition as a Third-Party Certified Business webpage. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

· Not yet certified or recognized by the SDO or one of SDO’s recognized third-party certification bodies: Such partners must be certified in eligible categories by other third-party certification bodies that are not yet recognized by the SDO, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, or the Women Business Enterprise National Council, but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide a description of supplier diversity businesses practices. Specifically, listing contact information for the individual or unit responsible for establishing and maintaining supplier diversity relationships, and including a written policy for establishing and maintaining supplier diversity relationships.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

· Serving as a mentor in a mentor-protégé relationship.

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

· Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

SDP Spending Reports & Compliance After contract award, Contractors must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment. To submit SDP spending reports using the Hub, Contractors must create a profile in the Hub. Once registered, awarded contractors must report information such as, but not limited to, SDO or SDO-recognized SDP partner(s), spend with SDO partner(s), and total contract sales. Contractors must follow report submission instructions from the issuing department and the SDO.

SDP Spending Compliance Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the SBA Veteran Small Business Certification (VetCert) directory shall be counted toward a Contractor's compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO, and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

SDP Spending Verification The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

Program Resources and Assistance Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

Environmental Specifications Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

Environmental plan Beginning the first year of the Contract and throughout the life of the Contract, awarded Bidders must agree to work with the SSST to examine the feasibility of implementing an environmental plan. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Such a plan may include, but not be limited to, the following:

· Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

· Encouraging environmental initiatives at the corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment; such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone-depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

· Adopting standards and/or obtain certifications, where applicable, for product development and manufacturing processes such as, but not limited to. LEED, ISO 14001, Cradle to Cradle (C2C) Protocol, Green Seal, Environmental Choice, and others.

· Using alternative fuel vehicles for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles with guidance on anti-idling initiatives.

· Working with the SSST to develop and distribute information and/or materials to Commonwealth customers about the Awarded Bidder’s/Contractor’s environmental practices and initiatives throughout the term of the Contract.

· Developing a plan to implement the recycling of materials used or produced in normal business operations.

· The SSST may award points to Bidders who provide evidence that measures and initiatives such as these are in place within their operations, and/or for written proposals submitted with their Quote detailing a commitment to action contingent upon receipt of a Contract award. (See the Additional Environmentally Preferable Products / Practices form on COMMBUYS).

Compensation Structure/Pricing In consideration for the services that Firms will be asked to perform after they have been pre-qualified through this solicitation, MassDEP has established compensation for services in accordance with the following fee structure:

Task A – Data Collection Firms

· Fully completed New Survey: $12,500.00 per municipality/district

· Fully completed Updated Survey (revision of 2022 CWNS): $6,000 per municipality/district

· New Survey – No Eligible Needs: $3,500 for a new survey that results in a determination of no eligible needs Task B – Reviewing Firms

· New Survey – Quality Assurance Review: $800 per internal review of a new survey per municipality/district

· Updated Survey – Quality Assurance Review: $400 per internal review of an updated survey per municipality/district For municipalities or districts that are surveyed and determined to have no wastewater infrastructure needs, or no needs eligible for inclusion in the CWNS, Firms will be compensated as identified above, provided that the Firm provides sufficient documentation demonstrating that a complete survey effort was conducted. Documentation must demonstrate that the Firm performed a full evaluation of the municipality or district and may include, but is not limited to:

· Identification of the municipal or district officials contacted (names, titles, departments, and dates of communication) and documentation of the communications regarding wastewater infrastructure and planning efforts;

· Review of the municipality’s or district’s 2022 CWNS submission and any previously identified needs;

· Review of relevant planning documents (e.g., facility plans, capital improvement plans, asset management plans, or other wastewater planning documents), if available;

· Evaluation of existing wastewater infrastructure, including collection systems, pump stations, and treatment facilities, as applicable; and

· A narrative explanation in the CWNS survey submission documenting the evaluation performed and the basis for determining that no eligible CWNS needs exist.

For such surveys with no identified or eligible needs, internal review fees shall not apply, and no additional compensation beyond the amounts specified above will be provided.

MassDEP anticipates that 50% of the applicable fee will be paid upon the Firm’s submittal of the draft survey to MassDEP’s CWNS portal. The remaining 50% of the fee will be paid after internal review, any revisions, approval by MassDEP of the survey, and the subsequent successful submission of the CWNS survey to EPA.

This fee structure is all-inclusive, and no additional costs (i.e., administrative, printing, copying, travel, etc.) will be authorized or compensated to Firms that are performing these surveys.

Table 1. Compensation Structure/Pricing, Documentation and Review Requirements by Survey Type

· Communications with municipal/district officials (names, titles, dates)

· Review of 2022 CWNS submission and other planning documents

· Infrastructure assessment (collection systems, pump stations, treatment facilities)

· Narrative in CWNS portal documenting evaluation Data Collection Firm

· Municipal contacts (names, titles, dates)

· Review of 2022 CWNS submission

· Planning documents review

· Narrative explanation

· Reviewing firm verifies completeness and CWNS eligibility Data Collection Firm

· Check for duplication

· Verify CWNS eligibility

· Identify gaps / recommend corrections

· Confirm survey completeness Reviewing Firm

Other Terms Continued Qualification Based on Performance

MassDEP’s evaluation and selection of the Firm is based upon the Firm’s material representations regarding the qualifications and expertise of both the Firm and any subcontractor(s) designated by the Firm to perform the scope of services activities as defined in the RFR. Therefore, during the Firm term, the Firm is responsible for and shall provide appropriately qualified, educated, experienced and credentialed Firm (and subcontractor) staff to perform any work that is assigned by MassDEP. At all times during the Contract term, the Firm remains fully responsible for providing both Firm and subcontractor personnel who are capable, qualified, experienced and appropriately licensed (if required) to perform any project activities within the Firm’s designated scope of services areas of expertise. After contract award and upon MassDEP’s request, Firms must have a written plan in place to meet project deadlines in the event that key personnel currently employed leave the Firm’s employment during the course of any awarded contract.

During the Contract term, any Firm may be removed from the pre-qualified master list if the quality of their performance is unacceptable to the Department, or if the Department determines that maintaining the Firm on the pre-qualified master list does not provide best value, or is otherwise not in the best interests of the Department. The Department’s determination to remove a Firm may be based upon a number of considerations, including but not limited to the following: the consistency and compliance of the Firm’s responsiveness to the basic Contract specifications, the quality and the cost effectiveness of the Firm’s equipment items and/or services on one or more selected projects, and the Firm’s responsiveness to the business needs of the Department.

Reporting.

Contractors are responsible for compliance with all contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

Contract Management (Contractor’s interface with MassDEP’s Contract Administrator) The MassDEP contact for this RFR and the Contract Administrator once contracts are awarded is:

Ping Yee MassDEP 100 Cambridge Street, Boston, MA 02114 srfmadep@mass.gov

Change notification Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be reported promptly via email to the Commonwealth Contract Manager. In some cases, additional paperwork will be required to effect the change.

Failure to Perform Contractual Obligations; Right to Suspend or Terminate the Contractor for Performance Problems and/or Violation of Legal Requirements

MassDEP reserves the right to suspend or terminate a Contractor based upon evidence of performance problems on one or more assigned projects, failure to meet and/or comply with the Contract Requirements, fraud in the submission of invoices or with respect to other dealings with MassDEP and/or EPA, violation of any federal, state, or local laws, regulations or requirements, and/or failure to remain current on all fees/taxes/payments owed to the Commonwealth. This provision shall be interpreted in a manner consistent with the requirements set forth in the Commonwealth’s Terms and Conditions.

Audit During the term of this Agreement and for a period of six years thereafter, MassDEP, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged MassDEP, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

Evaluation criteria Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

Mandatory requirements Mandatory Specifications must be met for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components that may be evaluated by the SSST.