BWR.DWM.RFR.2021.NPS TECH SERVICES MSA.10.15.21.docx

THE COMMONWEALTH OF MASSACHUSETTS

Executive office of energy and environmental Affairs Department of environmental Protection

Department of Environmental Protection

BUREAU OF WATER RESOURCES

DIVISION OF WATERSHED MANAGEMENT– WATERSHED PLANNING PROGRAM

8 NEW BOND STREET

WORCESTER, MA 01606

Request for Response (RFR)

Document Title: Technical Services Related to Implementation of the Federal Nonpoint Source Program (CWA §319)

Agency Doc#: BWR-DWM-RFR-2021-NPS TECH SERVICES MSA COMMBUYS Bid#: BD-22-1045-BWR00-BWR01-68022

November 8, 2021

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

Document Sensitivity Level: High during development; Low once published.

Table of Contents

Table of Contents Page i

Document Sensitivity Level: High during development; Low once published.

RFR Introduction and Description Background Congress enacted §319 of the federal Clean Water Act (CWA) in 1987, establishing a national program to control nonpoint sources of water pollution. The Massachusetts Department of Environmental Protection (“MassDEP” or the “Department”), Bureau of Water Resources (“BWR”), Division of Watershed Management (“DWM”), Watershed Planning Program (“WPP”) is awarded an annual §319 grant under the CWA for the implementation of its Nonpoint Source (NPS) Management Program to control NPS pollution to achieve and maintain beneficial uses of water. Up to fifty percent of each annual grant (referred to as “NPS Program Funds”) may be used for the full range of activities that support the goals of the state NPS Management Program, including enforcement, technical assistance, financial assistance, education, training, technology transfer, demonstration projects, and eligible NPS monitoring. In addition, states may use NPS Program Funds for planning activities such as revisions to the state NPS Management Program, development or implementation of Watershed Based Plans (WBPs) or acceptable alternatives, and the development of Total Maximum Daily Loads (TMDLs) that account for pollutant loading from nonpoint sources.

The goals, milestones, and objectives of the MassDEP NPS Management Program are described in the 2020-2024 Massachusetts Nonpoint Source Management Program Plan (“NPS Plan”). The NPS Plan presents MassDEP's strategy for preventing, controlling, and reducing nonpoint source pollution, and addressing the critical challenge of protecting and restoring water quality in the Commonwealth. The NPS Plan can be found at: https://www.mass.gov/info-details/final-2020-2024-massachusetts-nonpoint-source-management-program-plan. Additionally, the Department prepares and submits to the U.S. Environmental Protection Agency (EPA) an annual §319 Grant Workplan (“Workplan”), which outlines planned use of § 319 funding to implement its NPS Management Program and carry out activities to achieve the goals and milestones in the NPS Plan. During their review and approval of the Workplan, the EPA also ensures that the Workplan is consistent with EPA’s 2013 Nonpoint Source Program and Grants Guidelines for State and Territories (https://www.epa.gov/sites/production/files/2015-10/documents/319-guidelines-fy14.pdf) and the MassDEP-EPA Performance Partnership Agreement Priorities and Commitments (P&C).

MassDEP requires technical and consulting services to meet these federal mandates and achieve the goals outlined in the NPS Plan, MassDEP’s annual §319 Workplans, and MassDEP’s Performance Partnership Grant Priorities & Commitments. Through this solicitation, MassDEP is seeking to establish a list of pre-qualified firms (referred to as “Contractor”) to provide MassDEP’s WPP with technical and consulting services related to the Department’s implementation of its NPS Management Program goals and objectives as described above.

Procurement Scope And Description: Overview Through this solicitation, “MassDEP is seeking to establish a list of pre-qualified firms (referred to as “Contractor”) to provide MassDEP’s WPP with technical and consulting services related to the Department’s implementation of its NPS Management Program. These consulting services will provide the Department with access to environmental consulting firms that specialize in nonpoint source pollution prevention and remediation, as well as related watershed planning services. Technical and consulting services needed may include but are not limited to the following: development of watershed based plans, watershed and water quality modeling for nonpoint sources, programmatic support for nonpoint source program activities, water quality sampling to support nonpoint source pollution assessments, education and outreach related to nonpoint source pollution and program activities, and updating and/or revision of the Massachusetts Nonpoint Source Management Plan. Specific services which are required to meet the goals and annual milestones are described in Section 3.1: Procurement Scope of Services. The work required under this solicitation is of a specialized nature and tightly integrated with MassDEP’s implementation of required key provisions of the Federal Clean Water Act (CWA §319) and MassDEP’s Nonpoint Source Program, with a specific focus upon the EPA requirement that MassDEP make satisfactory progress in meeting the schedule of relevant annual milestones specified in the NPS Plan and annual workplans.

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 pre-qualify multiple Contractors and has not set an upper limit on the number of Contractors.

Adding Contractors after initial Contract award In the discretion of the Strategic Sourcing Team (“SST”), qualified Contractors may be added to the Master Service Agreement after initial Contract award. If, over the life of the Contract, the SST determines that additional firms should be added, these firms may first be drawn from qualified companies which responded to this Solicitation but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional bids.

Eligible Entities Limited User Contract – Restricted to Use by Defined Entities Only.

Any contract resulting from this Bid will be open for use to the Issuing Entity Only. The issuing entity is the Massachusetts Department of Environmental Protection.

Acquisition Method(s) The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchase and/or Fee for Service.

Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

All term agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to time frame and services established per each written agreement). No new 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 duration of this contract, including any options to renew/extend the contract term, are contingent upon the availability of EPA Section 319 grant funding. No agreements for services may be executed after the Contract has expired. The expected duration of this contract is as follows:

Initial Duration

Total Maximum Contract Duration

*Contracts and contract extension are contingent upon availability of EPA Section 319 grant funding and EPA approval of a future NPS Management Plan (for 2025-2029) and annual Section 319 workplans.

Estimated Value of the Contract The cumulative estimated value of purchase(s) resulting from this Bid (inclusive of the exercise of all options to renew the contract term) is $500,000 to $1,000,000. 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.

1 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.

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 SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only 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 any questions submitted to the SST 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 of the questions are accessible to the public. Bidders must not include any 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 SST reserves the right to edit or delete any 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 and to keep current the 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 the Purchasing Department, including requests for clarification. The Purchasing Department 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 the Purchasing Department 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 SST reserves the right to make amendments to the Bid after initial publication through the Bid Amendment Deadline date set forth in the Estimated Procurement Calendar. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST 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.

2 Specifications Additional required terms appear in the Appendices to this RFR. BIDDERS: Please note Appendices 4 and 5, which detail specific federal requirements which must be met under this procurement.

Procurement Scope of Services

The Scope of Services specifications for this RFR are outlined below. Qualified Contractors selected as a result of this solicitation will be placed on a pre-qualified Master Service Agreement list for the services requested in this procurement. After contract award, when the Department needs services to be performed that are within the scope of services for this solicitation, MassDEP will contact one or more of the Contractors from the pre-qualified list with a scope of work and other specific details for the project, who will then be asked to provide a project or task-specific technical workplan, schedule for deliverables, and price quote for completing the work. All project price quotes must include all costs that will be charged to the Department, including labor (using contract-approved fully loaded hourly staff rates inclusive of overhead and fees), subcontracts, travel, and all other direct costs (e.g., mileage, duplication, postage, etc.), and will be subject to MassDEP’s review and approval. The Contractor whose specific price quote offers the best value to the Department will be selected for that specific project.

Nine Element Watershed Based Plans based upon EPA NPS/Grant Guidelines

MassDEP seeks technical assistance with the development of the nine element watershed based plans (WBPs) for the restoration of impaired waterbodies, with an emphasis on remediation of nonpoint source pollution in select watersheds. Per EPA’s 2013 Nonpoint Source Program and Grants Guidelines for States and Territories, watershed implementation projects funded through § 319 grants must directly implement a nine-element WBP (US EPA 2013). Please see Appendix C: Minimum Elements of a Watershed-based Plan of the April 2013 EPA Nonpoint Source Program and Grants Guidelines for States and Territories which details minimum requirements of a watershed based plan including the nine elements. These services may include water quality modeling to calculate estimates of pollutant loads and load reductions necessary to meet surface water quality standards as required by the nine elements of a WBP. As specified by EPA Guidelines “all plans … should include the assessment necessary to provide assurance that the water quality problem can be fully addressed through the recommended management strategies outlined in the plan” (US EPA 2013, pg. 19).

These services may include, but are not limited to, the following tasks:

· Provide support to the Department and its partners in development of watershed based plans specifically meeting the EPA required nine minimum elements as outlined in EPA’s Watershed Based Planning Handbook.

· Training of program partners in the creation and implementation of watershed based plans.

· Gathering water quality sampling data from MassDEP and partners for inclusion in WBP.

· Analysis of available water quality sampling data using MassDEP Consolidated Assessment and Listing Methodology (https://www.mass.gov/files/documents/2018/05/07/2018calm.pdf), which provides a framework for use of water quality data and information to support environmental decision making, including decisions addressing NPS pollution.

· Identification of future water quality sampling needs for nonpoint source impaired water bodies using previous water quality data analysis.

· Development, calibration, and validation of water quality models in coastal, estuarine and freshwater systems. Models may include: AGNPS, STEPL, BATHTUB, LLRM, BASINS, WASP, SWAT, HSPF, SPARROW, GWLF-E, SWMM and others as required. The water quality model chosen and the level of effort should be sufficient to meet element A of the nine required elements of watershed based plan or namely “identification of causes of impairment and pollutant sources or groups of similar sources that need to be controlled to achieve needed load reductions, and any other goals identified in the watershed plan” (EPA 2013, pg. 64).

· Prioritization of nonpoint source restoration activities using the EPA Region 1 Opti-Tool. For more information see: https://www.epa.gov/tmdl/opti-tool-epa-region-1s-stormwater-management-optimization-tool

· Outreach activities related to development and implementation of watershed based plans, including engagement with interested public stakeholders (municipalities, watershed associations and engaged citizens). Outreach activities may include organizing and running stakeholder kickoff meetings, technical assistance at public meetings, as well as integrating project partner and MassDEP goals in watershed based plans.

· Expert technical input on the creation of sampling and analysis plans to fill data gaps in furtherance of creation of watershed based plans.

NPS Programmatic Support

MassDEP seeks assistance with NPS program planning and implementation. These services may include, but are not limited to, the following tasks:

· Organize and oversee annual meetings and/or listening sessions to gather input from NPS Program Partners. These work activities may include coordinating all aspects of the annual meeting, including but not limited to such items like meeting facilitation, and the preparation of meeting minutes and/or summary reports.

· Summarize activities of NPS Program Partners through review of annual reports, web postings, partner data and related information.

· Evaluation of other states’ efforts to fulfill the EPA Healthy Watersheds program (https://www.epa.gov/hwp), with specific emphasis on prioritizing appropriate NPS activities in healthy and unimpaired waterbodies.

· Support the identification of priority agricultural, coastal, and urban NPS focus watersheds through use of a NPS restoration prioritization scheme. This activity may include the creation of a number of Recovery Potential Screening Tool scenarios. For more information on the use of the EPA Recovery Potential Screening Tool see: https://www.epa.gov/rps

· Coordinate meetings with federal, state and local partners to identify NPS Program changes to support program and partner priorities. This work may include setting up meetings, meeting facilitation and meeting minutes and a brief report on annual priorities of agricultural and other partners which includes possible cooperative mechanism to promote and enforce nutrient regulations.

· Creation of white papers on select nonpoint source pollution focused topics. An example of one such project could be describing food waste composting water quality impacts and NPS Program activities and policy options to address.

· Review of select TMDLs for watersheds that are primarily impaired due to nonpoint source pollution.

· Evaluation of current, proposed, and/or innovative NPS Best Management Practices (BMPs) for NPS Grant projects, with an emphasis on cost and effectiveness of the BMPs.

· Estimation of pollutant load reductions resulting from implementation of BMPs.

· Use and/or creation of tools to streamline the tracking of pollutant removal estimates.

· Tracking of NPS implementation activities to determine status of previous BMP implementation efforts, including but not limited to tracking pollutant reduction numbers, quantification of land use change and resultant effects on pollutant loading.

· Evaluation of the structure and organization of selected states’ NPS programs (as identified by MassDEP) including staffing, budget, priorities and program focus in order to prepare a report providing analysis and recommendations to MassDEP NPS Program. This task focus could also include a strategic planning analysis which, when combined with an evaluation of other states’ programs, could provide the basis for robust recommendations for both current and future program priorities and necessary staffing levels.

· In connection with MassDEP’s requirement to submit EPA Success Stories annually, provide technical support, analysis and recommendations for the preparation of NPS Success Stories, which may include analysis of prior MassDEP sections 303(d) and 305(b) (of the CWA) listing history and section 319 implementation efforts to identify Success Story candidates. Additional tasks may include preparation of graphs, narratives or other outputs to document Success Stories. For an overview of EPA Success Stories see: https://www.epa.gov/nps/success-stories-about-restoring-water-bodies-impaired-nonpoint-source-pollution and for examples of previous Massachusetts EPA Success Stories see: https://www.epa.gov/nps/nonpoint-source-success-stories-massachusetts.

· Solicit feedback from current and prior NPS program partners and potential NPS partners to identify and describe any barriers that prevent or limit potential grant applicants from participating in the NPS section 319 grant program.

· Review, revise and update MassDEP’s NPS section 319 Grant program forms and application materials as appropriate to provide grant applicants with a more user-friendly and streamlined application process.

NPS Water Quality Monitoring

The Department requires assistance to conduct water quality monitoring in selected watersheds to identify the impacts of NPS pollution sources and identify water quality improvements potentially resultant from restoration activities. Monitoring in watersheds identified as a National Water Quality Initiative (NWQI) watershed by NPS program partner, Natural Resources Conservation Service will be the highest priority. For an overview of the NWQI program see: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/water/?cid=stelprdb1047761 and for an example of a previous NWQI project in the Palmer River Watershed see:https://www.nrcs.usda.gov/wps/portal/nrcs/detail/ma/programs/financial/eqip/?cid=NRCS144P2_013949 . Tasks may involve collection of water quality data for surface waters both freshwater and/or marine water to meet these NPS program goals and to identify sources of nonpoint source of pollution.

These services may include, but are not limited to, the following tasks:

· Develop and implement Quality Assurance Project Plans (“QAPPs”) and/or Sampling and Analysis Plans (“SAPs”) to perform physicochemical and/or biological sampling and data collection, in support of Section 319 program requirements, which may include trends analysis and evaluation of water quality restoration progress.

· Creation of single QA/QC plan for all NPS partner monitoring programs and their NPS water quality collection.

· Development of sampling and analysis plans, including level of effort analysis for trend detection in select National Water Quality Initiative watersheds.

· Collaborate with WPP NPS staff or their designees to develop monitoring plans prior to sampling, incorporating Standard Operating Procedures (“SOPs”) as appropriate.

· Perform field sampling and laboratory analysis for a variety of water quality constituents to identify the source or sources of nonpoint source pollution.

Potential Deliverables with a focus sampling related to nonpoint source pollution include:

· Planning and procedural documents for monitoring activities (e.g., QAPPs, SAPs, SOPs).

· Project meetings with DEP.

· Laboratory reports.

· Project QA/QC data, with supporting documentation as required.

· Electronic Data Deliverables (EDDs) for collected data, in format(s) suitable for incorporation into WPP’s data management system.

· Technical data reports.

Education and Outreach

MassDEP seeks assistance with education and outreach targeted to nonpoint source pollution topics. These services may include, but are not limited to, the following tasks:

· Targeted education to unique population segments and types of NPS pollution sources, such as environmental justice communities and hobby farms.

· Organize and (if required) present workshops and other education and outreach sessions such as an annual public stakeholder listening session, including preparation and organization tasks such as publicity and registration, meeting implementation as well as creation of meeting summary report.

· Create and distribute marketing materials to advertise section 319 grant opportunities.

· Update NPS brochures, materials and web content including but not limited to the Clean Water Toolkit.

· Evaluate effectiveness of NPS education and outreach activities.

Nonpoint Source Management Program Plan

MassDEP seeks assistance to revise and update the Commonwealth of Massachusetts 2020-2024 Massachusetts Nonpoint Source Management Program Plan (Plan, https://www.mass.gov/info-details/final-2020-2024-massachusetts-nonpoint-source-management-program-plan). EPA requires this update by October 1, 2024. These services may include, but are not limited to, the following tasks:

· Organize and oversee kickoff meetings and listening sessions to gather input from stakeholders to incorporate into the new NPS program plan.

· Aid MassDEP, EPA and involved stakeholders (as appropriate) in the development of strategic priorities for NPS Program Plan, including the creation of priority waterbody lists. This task may include the creation of a number of Recovery Potential Screening Tool scenarios.

· Respond to public comments as well as provide technical support to effectively respond to public comments on Draft NPS Program Plan.

· Draft, revise, and deliver a Final 2024-2029 Nonpoint Source Management Program Plan based on stakeholder input, as well as incorporating MassDEP and EPA priorities.

Bidder Qualifications IN GENERAL: 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 Response a Statement of Qualifications Narrative, which summarizes its firm’s experience and capabilities in performing the requested services listed in Section 3.1 of this RFR. Bidders responding to this solicitation must demonstrate prior experience working with the federal Clean Water Act and EPA and/or State Nonpoint Source Programs. The selected contractors will be working with MassDEP staff and must have the capacity to work independently and without training on substantive federal requirements, including but not limited to NPS program requirements and EPA Guidelines. Bidders shall also detail experience working with environmental justice (EJ) populations as applicable.

3.2.1.1 Bidders’ Itemized Qualifications Statement

Bidders must also provide in their RFR Response a detailed statement demonstrating their qualifications in specific NPS subject areas, and the qualifications of their staff (including, but not limited to, their key personnel for this Contract), by responding to Items A-G below.

Please note with the exception of item A below of the following, Bidders shall provide their experience with the following items by describing the qualifications of their current staff, versus the generalized, historic firm experience based upon personnel who are no longer with the firm. In addition to providing the narrative summary in response to section 3.2.1. above, the Bidder’s Statement of Qualifications must provide the following itemized information:

A. Previous firm experience working with the EPA and/or Federal/State Nonpoint Source Programs by providing a minimum of 3 prior projects as examples. Bidders must provide updated reference contact information for the minimum of 3 prior projects, utilizing the standard OSD business reference form provided through COMMBUYS. In its discretion, the SST reserves the right to contact all references listed by the Bidder, as well as conduct a review of any other information available to MassDEP with respect to the Bidder’s previous experience working with EPA and/or federal/state NPS programs.

B. Current staff experience with water quality modeling for NPS projects, with a description of core modeling competencies, including but not limited to the names of specific water quality models. The focus of modeling efforts should clearly identify their relevance to nonpoint source pollution. It may be appropriate for Bidders to submit a table in response to this requirement. See RFR section 3.1.1.

C. Current staff experience with the creation of nine element watershed based plans. See RFR section 3.1.1.

D. Current staff experience conducting NPS focused water quality monitoring. See RFR section 3.1.3.

E. Current staff experience providing NPS programmatic support. See RFR section 3.1.2.

F. Current staff experience providing support to EPA or states with NPS education and outreach. See RFR section 3.1.4.

G. Identification of the Bidder’s key staff and their years of recent experience with providing technical support to states, EPA, tribes, and local communities on nonpoint source management projects. Bidders should include in their response to this item, the specific specialty(ies) of their key personnel in the services set forth in RFR section 3.1.

0. Litigation and contract defaults All firms shall provide information on any prior or pending civil and/or criminal litigation involving the firm and/or the firm’s personnel within the last three (3) years, including but not limited to any breach of contract claims or defaults. This information shall be included as part of the RFR response submission. If firms do not have any prior or pending litigation, the firm shall affirmatively state this fact in the RFR response to this requirement.

Additional qualification requirements As part of the RFR Response, Bidders shall provide in the Statement of Qualifications the following items:

a) A Company Overview;

b) A brief biography (not to exceed two paragraphs) of each of Bidder’s Key Employees including any subcontractors who will have primary responsibility for project tasks, and identify their educational qualifications, work history, and current job description(s); and

c) A list of all proposed subcontractors and the specific task(s) to be performed by the subcontractor(s). Bidders who intend to include subcontractors to perform one or more of the services specified in RFR section 3.1 must also provide in their RFR Response a Statement of Qualifications for each subcontractor pursuant to the requirements of RFR Section 3.2.1 and must also provide information responsive to RFR section 3.2.2 regarding litigation and contract defaults.

NOTE to Bidders: Pursuant to the provisions of Article 9 of the Commonwealth’s Terms and Conditions, any subcontract entered into by the Contractor for the purposes of fulfilling the obligations under a Contract must be in writing, authorized in advance by the Department and shall be consistent with and subject to the provisions of the Commonwealth Terms and Conditions and a Contract.

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

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.

Substitution of Key Personnel Contractors must immediately notify MassDEP of the loss or reassignment of any key personnel, including any key personnel for any sub-contractor(s). In the event that a key personnel substitution(s) becomes necessary, MassDEP requires that replacement personnel be assigned to the project within thirty (30) days unless MassDEP agrees to a different timeframe. Any proposed substitutions of key personnel are subject to prior review and written approval by MassDEP, after contractor’s submission of appropriate documentation regarding the personnel’s qualifications and training, which must include but is not limited to a resume and a list of prior pertinent project(s). MassDEP also reserves the right to interview any key personnel prior to the approval of a personnel substitution in appropriate circumstances. Key personnel include project managers as well as all staff which may be expected to influence or effect the completion of deliverables.

Maintenance agreements and eligibility requirements

During the contract term, the Contractor’s maintenance and support of any water quality modeling supportive of a watershed based plan(s) and any other products and services provided under this MSA shall be provided as described in future project specific agreements.

Contractor Satisfactory Performance of activities as a pre-condition for payment Contractors must perform all work activities promptly and within the scheduling timelines set forth in this future project specific agreement(s) and/or in accordance with MassDEP’s direction, and submit all deliverables for MassDEP’s review and written approval, as a pre-condition for subsequent submission of invoicing for payment. Any deviation from the agreed to timelines, or deliverable requirements, set forth in future agreements must be through written agreement of the Contractor and MassDEP.

Right to Withhold Payment for Unsatisfactory Performance

MassDEP reserves the right to withhold payment (or partial payment) for unsatisfactory Contractor Work Performance. If MassDEP determines, in its discretion, that any submission(s) by the Contractor of technical analyses, reports, studies and/or designs, and/or any Contractor work activity performance (whether performed by the Contractor or any subcontractor(s)), has not or will not achieve the requirements of the Contract, MassDEP reserves the right to: (1) withhold full or partial payment for the work until all issues are resolved to the satisfaction of MassDEP; or, (2) require the Contractor to immediately correct or remediate any deficient or defective work without additional compensation from MassDEP. MassDEP further reserves the right to pursue additional remedies against the Contractor to address any deficient or defective work by the Contractor or its subcontractors and any damages arising out of such work.

Modification of Scope of Services (SOS) Tasks and/or Deliverables Schedule

In the event that either MassDEP or contractor determine that there needs to be a modification of the timing of any Task and/or Deliverable required by any future agreement, the contractor’s Project Manager will notify MassDEP in writing within fourteen (14) days of the need for a modification of the SOS Tasks and/or Deliverables Schedule. The contractor’s Project Manager(s) will determine the reasons for the schedule modification, and the likely impacts upon the other SOS Tasks and/or Deliverables (including, if applicable, budget impacts) as a result of a modification of the SOS Schedule. Any modification shall be subject to review and approval by the appropriate MassDEP Project Manager(s). The SOS Modification Schedule shall become effective only after all required MassDEP approvals have been obtained and documented in writing as an Amendment to any previously agreed-upon scope of services.

MassDEP’s Right to Terminate the Contractor for Failure to Comply with MassDEP Requirements

MassDEP reserves the right to terminate any future agreements if the Contractor fails to comply with MassDEP requirements, including but not limited to the deliverable requirements and timelines. Contractors may request an extension of the timeline schedule for deliverables prior to the deliverable due date, which will become effective only upon the review and written approval of MassDEP. In the event that any agreement is terminated due Contractor’s failure to comply with the MassDEP requirements, all data and/or documents developed by said contractor, whether complete or incomplete, shall be delivered in a format acceptable to MassDEP within 90 days of MassDEP’s official written notice of termination.

Conflict of Interest Requirements

Any persons utilized by MassDEP to provide services under this MSA will be subject to the provisions of the Massachusetts Conflict of Interest Law, M.G.L. c. 268A, and must conform their conduct accordingly. Such persons have an affirmative duty to identify and report to MassDEP all relationships and situations where a potential for a conflict of interest may arise. Such relationships and situations include but are not limited to contracts or subcontracts to perform work concerning the matter in which the state has an interest and in which the person is participating. In addition, MassDEP may require such persons to provide information relevant to determining whether an actual or potential conflict of interest exists.

Invoicing and Payment of Deliverables

Contractors’ compensation for Deliverables shall be in accordance with the following requirements:

Limitation of Administrative Costs:

Administrative costs (i.e., reporting and invoicing) for overseeing any future project cannot exceed 10% of the project amount. The cost of actual project management, including overseeing contractors and managing project-related activities, does not count against the 10%.

Additional Mandatory Terms & Conditions

Standard Commonwealth Forms In addition to meeting all the requirements of this RFR, the terms and conditions for this Contract are presented in the “Commonwealth Terms and Conditions” and “Standard Contract Form” as well as other Commonwealth forms that the Bidders must agree to, sign and submit with the responses to this RFR. SEE RFR Section 7 regarding detailed submission requirements for all required Commonwealth forms. Please note that Bidders must also complete, sign, and submit the Commonwealth’s Prompt Payment Discount (PPD) form as part of the RFR Response for this solicitation. For additional information, Bidders should review Appendix 2 (Required Specifications) and Appendix 3 (instructions for execution and submission of Commonwealth Forms).

Data Ownership MassDEP’s Ownership of, and Unrestricted Access to and Use of Data and Deliverables: Contractor and MassDEP agree that MassDEP holds ownership of and unrestricted access to and use of all data and deliverables developed for projects under this MSA. Related documentation includes all finished or unfinished studies, modeling files (code, input and output files), analyses, flow charts, data files, design documents, program specifications, programs, magnetic tapes, source codings and listings, source and object decks, test data, test results, schedules and planning documents, training materials and user manuals, forms, reports and similar documents, including modifications thereto.

NOTE TO BIDDERS: Reports and documents developed by the bidders under this contract must be produced an accessible format specified by the Department and must be provided to the Department in their original electronic form, free from any restriction on modification, reproduction, publication, or distribution.

Progress Reporting and Billing After contract award, and as part of the project or task-specific, scope of work/services, the Contractor shall be required to provide written progress reports and/or deliverables to the Department as agreed upon by the parties to effectuate the project goals. The Department will assign a project manager to each project. These reports/deliverables shall be submitted via Email (MS Word or other suitable software as determined by the Department) to the Department designated project manager. The Department designated project manager will work with the contractor to ensure the timeliness and quality of deliverables.

Environmental Specifications Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance 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 considered to be 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 this EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp.

The Order can 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 SST 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 a 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…