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OFFICE OF LEASING AND STATE OFFICE PLANNING

INVITATION FOR PROPOSALS (IFP)

A. GENERAL INFORMATION

1. INTRODUCTION AND INSTRUCTIONS

Pursuant to a Certification of Emergency and Waiver of Advertising Requirements, the Office of Leasing and State Office Planning of the Division of Capital Asset Management and Maintenance (DCAMM) invites proposals to License office space to the Commonwealth for use by the Committee for Public Counsel Services as described in § 2.

Proposals must be submitted in accordance with the Instructions for Preparation, Labeling and Submission of License Proposals included in the attached License Proposal form. Proposals should be clearly marked: Project Number #202601400 and should identify the name and address of the proposer. Proposals may be submitted by mail, messenger, or electronic mail (e-mail), to the following address:

Attn: Jennifer Hart Division of Capital Asset Management and Maintenance

Office of Leasing and State Office Planning One Ashburton Place 1st Floor – Room 107

Boston, Massachusetts 02108 E-mail address: leasepropsubmittal.DCAMM@mass.gov

Proposals submitted by e-mail should include Committee for Public Counsel Services IFP, Project #202601400, in the subject line.

This Invitation for Proposals (IFP) contains the Proposal Form to be used to submit a proposal. To assist the Commonwealth in its evaluation of proposals, proposers are invited to provide information in addition to the requested information that would facilitate an understanding of the proposal and proposed premises and location.

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE FOR ADMINISTRATION & FINANCE

DIVISION OF CAPITAL ASSET MANAGEMENT & MAINTENANCE

ONE ASHBURTON PLACE, 15TH FLOOR

BOSTON, MA 02108

(617) 727-4050

MAURA T. HEALEY KIMBERLEY DRISCOLL

GOVERNOR LIEUTENANT GOVERNOR

MATTHEW J. GORZKOWICZ ADAM BAACKE

SECRETARY COMMISSIONER

mailto:leasepropsubmittal.DCAMM@mass.gov

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Proposals will be opened upon receipt and review will commence immediately.

Please contact Jennifer Hart, Project Manager at the DCAMM Office of Leasing if you have questions about this Invitation for Proposals Email Address: Jennifer.Hart@mass.gov.

The Commonwealth’s objective is to obtain the space most advantageous to the Commonwealth’s needs for the best value.

Evaluation of proposals will be based on information in the proposals, obtained on site visits, clarified by DCAMM, provided by proposers at DCAMM’s request, and provided by references identified in the proposals. In addition, evaluation of proposals may include consideration of information from state agencies, individuals, and entities with knowledge of any element of any proposal, from DCAMM and other Commonwealth files, and from other available and verifiable information. DCAMM may consider the Commonwealth’s experience with a proposer or owner and with the proposed property.

DCAMM IS NOT REQUIRED TO ACCEPT THE LOWEST PRICED PROPOSAL AND MAY, AT IT’S SOLE

DISCRETION, SELECT OR REJECT PROPOSALS SOLEY ON SUBJECTIVE VALUE AND ABILITY TO

MEET THE NEEDS OF THE AGENCY OCCUPANT.

DCAMM RESERVES THE RIGHT, IF DEEMED TO BE IN THE BEST INTEREST OF THE

COMMONWEALTH, TO (i) WAIVE PORTIONS OF THE IFP FOR ALL PROPOSERS, (ii) EXCUSE MINOR INFORMALITIES IN ANY PROPOSAL, (iii) DISCUSS ANY PROVISIONS OF ANY PROPOSAL WITH THE PROPOSER OF THAT PROPOSAL IN ORDER TO CLARIFY THE PROPOSAL, (iv) SUBMIT

TO ALL, OR SELECTED, PROPOSERS WHO SUBMITTED QUALIFYING PROPOSALS, ACOUNTER

OFFER, (v) REJECT ANY PART OF ANY PART OF ANY PROPOSAL, (vi) ACCEPT A PROPOSAL THAT DOES NOT MEET ALL OF THE REQUIREMENTS OF THE IFP, AND (vi) REJECT ALL PROPOSALS.

DCAMM and the User Agency will conduct site visits for each competitive proposal to verify the information in the proposal and to facilitate detailed evaluation of the proposed Premises. The proposer, or knowledgeable and authorized representatives of the proposer, must be present at the site visits. DCAMM, or its Agent, will contact proposers to confirm the date and time of the site visits.

After completion of a site visit, DCAMM may determine that a proposal does not meet one or more of the requirements of this IFP, subject to DCAMM’s right to waive portions of the IFP for all proposers.

From the Date of this IFP through the date on which a conditional selection is made, the DCAMM Office of Leasing and State Office Planning is the only authorized point of contact for the Commonwealth regarding this IFP and its subject matter. If a proposer or a proposer’s representative engages in unauthorized contact, the proposal may be deemed non-qualifying.

Unauthorized contact includes, by way of example and not limitation, contact by the proposer or the proposer’s representative with the User Agency regarding the subject matter of this IFP.

DCAMM will either make a conditional selection of a proposal, or provide Counter Proposals to one or multiple proposers, taking into account the evaluation of proposals and the recommendation of the User Agency. Upon the conditional selection of a proposal, DCAMM will notify the other proposers in writing that a conditional selection has been made. Such conditional selection does not represent a contract and does not commit the Commonwealth to enter into a License. In addition to the general condition for the reaching of an agreement, the selection of a proposal may be conditioned upon the prospective landlord satisfying specific conditions established by DCAMM and the User Agency.

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DCAMM reserves the right to terminate the conditional selection and License negotiations due to unforeseen changes in the requirements of the User Agency, the failure to finalize a License in a timely manner, or if termination is deemed to be in the best interests of the Commonwealth. DCAMM reserves the right to conditionally select another proposal, re-advertise, or to terminate the conditional selection without taking further action.

Proposers may withdraw their proposal at any time by written notice to DCAMM.

2. COMMONWEALTH’S SPACE NEEDS

User Agency: Committee for Public Counsel Services (CPC). Proposer can find details of the mission of the User Agency at Mass.gov.

Lessee: The Commonwealth of Massachusetts

Program Description:

The premises sought through this IFP will house a CPCS local Public Defender Division. CPCS provides legal representation to clients and in certain non-criminal proceedings. They represent clients in court facilities in Middlesex, Suffolk and Worcester Counties.

This office is expected to receive approximately 1-2 visitors per day.

Summary of Space Needs:

Location: Boston, Dorchester, Jamaica Plain, Mattapan, Mission Hill, Roslindale, Roxbury, and South End. Please note that proposals for Premises outside this search area will not be considered.

Proximity to Public Transportation:

Distance to Public Transportation: the User Agency has a preference to be approximately .5 miles from Public Transportation as described below.

Type of Public Transportation System: bus, commuter rail service Frequency of operation: 8:00 am - 5:00 pm

Amount of Space: Approximately 5,000 square feet of Usable Area, but DCAMM would consider space of 2,000 to 6,000. During the term of the License, DCAMM reserves the right, if deemed to be in the best interest of the Commonwealth, to License additional space, on terms and conditions agreeable to the landlord in the selected building should space become available. For the purposes of this IFP, "Usable Area" means, with respect to the

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Premises or any space removed from or added to the Premises, the square footage determined by measuring the entire floor area of the Premises (or such other space) bounded by a line established by the predominant inside finish of the permanent outside Building walls that abuts the floor (not from the inside face of the windows) and by the interior surface of corridor walls or other demising walls. Deductions are not made for columns or other structural elements, or for partitions subdividing the Premises. Notwithstanding the foregoing, under no circumstances does the Usable Area include major vertical penetrations such as ventilation shafts, elevator shafts, stairwells, atria, or lightwells, and their respective enclosing walls, and it does not include vestibules, elevator-machine rooms, and other building-equipment areas, janitorial, electrical, and mechanical closets, loading platforms, restrooms, and their respective enclosing walls, irrespective of whether Tenant occupies a portion of a floor, an entire floor, or an entire Building.

Type of Space: Office

Type of Agreement: Commonwealth License to Occupy Real Property

Term: 1 Year, with an option to extend

Target Occupancy Date:

As soon as possible

General Parking: The UA has a preference for 25 parking spaces, some of which may be utilized 24/7/365. Please provide the number of parking spaces provided in this proposal at no cost. If spaces are available at an additional cost, please provide all relevant details.

Reserved Parking:

In addition to General & Accessible Parking, the User Agency has a preference for 3 Reserved Parking spaces for authorized vehicles.

Electric Vehicle Charging:

Please provide the number of electric vehicle charging stations on the property available for use by Tenants of the Building.

Landlord’s Improvements of Premises:

The User Agency preference is to find existing built-out/second generation office space that can accommodate a number of offices and other office function rooms such as conference space, staff support room/kitchenette, records room, MDF room, and an interview room, totaling the approximate USF listed above.

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If existing built-out space is not available, Proposer/Landlord will deliver the space fully built out and utilize a Buildout Allowance (BOA) as part of the Base Rent. The proposer must agree to substantially complete all improvements to meet the approved plans mutually agreed to after site selection.

Landlord’s Management: Please provide as an attachment to the License Proposal Form (Attachment C-1) information about the current property management of the Proposed Premises, their level of experience with similar properties and the estimated budget for OPEX and Taxes to provide the Landlord Services as provided in § B-1.

Operating Expenses and Taxes: The Commonwealth generally prefers a fully managed Premises. The proposer shall agree to substantially meet the Landlord’s Services in the General Specifications in § B-1 or propose alternatives acceptable to DCAMM and the User Agency.

The Commonwealth prefers a fully Gross License Rate. Please review the Commonwealth License to Occupy Real Property to understand the insurance and indemnification requirements prior to submitting a proposal. If possible, please provide an estimated budget for operating expenses and taxes included in the proposed Gross License Rate as an attachment to the License Proposal Form (Attachment C-1).

Hazardous Substances: The proposer must warrant and represent that each Hazardous Substance, whether presently known or subsequently discovered, has been or will be remediated in accordance with the provisions of § 5.6 of the License and all applicable laws and regulations before the Commonwealth takes occupancy of the proposed Premises and the Building.

Building Codes: The proposed Building should comply with all applicable federal, state, and local code requirements, or DCAMM must be satisfied that it can and will be brought into substantial compliance by the desired Date of Occupancy. Such codes include, but are not limited to, the Massachusetts State Building Code, Massachusetts Architectural Access Board (MAAB) Regulations, and other applicable provisions of the Code of Massachusetts Regulations (CMR). If a proposal is accepted subject to Landlord meeting certain code requirements, the Commonwealth will not take occupancy of the space until all code deficiencies have been fully corrected.

Access for Persons with Disabilities: In addition to compliance with MAAB requirements, the facility must comply with the minimum requirements of the Americans with Disability Act. The landlord must participate with the Commonwealth in providing reasonable accommodations for employees based on disability.

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3. SUBMITTAL REQUIREMENTS

A proposal must meet the following requirements in order to be considered qualifying and undergo further evaluation.

Eligible Proposers: The proposal must be submitted by an eligible proposer. For purposes of this IFP, the record owner(s) of the proposed property may defined as; the tenant(s) of the proposed property whose License permits subleasing; a prospective purchaser or a prospective ground tenant of the proposed property whose license will permit subleasing, provided that such prospective purchaser or prospective ground tenant must attach to the proposal a copy of a fully executed (i.e., by the proposer, the prospective seller or the prospective ground landlord, and any other identified party) purchase-and-sale agreement, letter of intent, or other evidence of the proposer’s control of the property, and further provided that no License will be signed until such prospective purchaser or prospective ground tenant becomes either the record owner or the ground tenant of the proposed property whose license permits subleasing; and a broker or an agent of any such party with the authority to bind such party to an agreement with the Commonwealth of Massachusetts regarding the subject matter of the proposal, provided that the record owner(s) or the tenant(s) of the proposed property must execute the License as Landlord. A proposal for different properties that is jointly submitted by or for different owners or tenants or prospective ground tenants of the proposed properties will be eligible for consideration provided that the proposal identifies a single point of contact for negotiation and execution of a single license binding all owners.

4. PROCEDURES FOR EVALUATION & SELECTION

The Commonwealth’s objective is to license space that aligns with the Commonwealth’s goals and policy objectives and that is most advantageous to the Commonwealth’s needs for the best value.

Proposals will be evaluated according to the evaluation criteria, incorporating information within the proposals themselves, insights gathered from site visits, clarifications sought from proposers upon request, and references provided by the proposers. Furthermore, the evaluation process may encompass data from state agencies, individuals, and entities possessing relevant knowledge, as well as insights from Commonwealth files and other credible sources. The evaluation may also take into account the Commonwealth’s past interactions with the proposer or property owner, as well as its experience with the proposed property.

DCAMM IS NOT REQUIRED TO ACCEPT THE LOWEST PRICED PROPOSAL AND MAY,

AT ITS SOLE DISCRETION, SELECT OR REJECT PROPOSALS SOLELY ON SUBJECTIVE

VALUE AND ABILITY TO MEET THE NEEDS OF THE AGENCY OCCUPANT.

DCAMM RESERVES THE RIGHT, IF DEEMED TO BE IN THE BEST INTEREST OF THE

COMMONWEALTH, TO (i) WAIVE PORTIONS OF THE IFP FOR ALL PROPOSERS, (ii) EXCUSE MINOR INFORMALITIES IN ANY PROPOSAL, (iii) DISCUSS ANY PROVISIONS OF THE PROPOSAL IN ORDER TO CLARIFY THE PROPOSAL, (iv) NEGOTIATE WITH ONE OR MORE PROPOSERS, (v) REQUEST “BEST AND FINAL” OFFERS, (vi) REJECT ANY PART OF ANY PROPOSAL, (vii) ACCEPT A PROPOSAL THAT DOES NOT MEET ALL OF THE REQUIREMENTS OF THE IFP, AND (viii) REJECT ALL PROPOSALS.

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4.1. Initial Review: DCAMM will accept for consideration only those proposals that meet the submission requirements subject to DCAMM’s right to waive portions of the IFP for all proposers. Any proposals not received by the Proposal Submission Deadline will be rejected and returned to the sender; this requirement is not subject to waiver by DCAMM. DCAMM will not accept any supplemental information after the Proposal Submission Deadline unless specifically requested by DCAMM.

DCAMM will notify each proposer whose proposal has been determined to be non-responsive and the reason for such determination.

4.2. Site Visits: DCAMM and the User Agency will conduct site visits for each competitive proposal to verify the information in the proposal and to facilitate detailed evaluation of the proposed Premises. The proposer, or knowledgeable and authorized representatives of the proposer, must be present at the site visits. DCAMM, or its Agent, will contact proposers to confirm the date and time of the site visits. After completion of a site visit, DCAMM may determine that a proposal does not meet one or more of the requirements of this IFP, subject to DCAMM’s right to waive portions of the IFP for all proposers.

4.3. Contact During the IFP Process: From the Date of this IFP through the date on which a signed conditional selection letter is executed by the Proposer and DCAMM, the DCAMM Office of Leasing and State Office Planning is the only authorized point of contact for the Commonwealth regarding this IFP and its subject matter. If a proposer or a proposer’s representative engages in unauthorized contact, the proposal may be deemed non-responsive. Unauthorized contact includes, by way of example and not limitation, contact by the proposer or the proposer’s representative with the User Agency regarding the subject matter of this IFP.

4.4. Conditional Selection of a Proposal; Notification of Proposers: DCAMM reserves the right to conditionally select another proposal, re-advertise, or terminate the conditional selection without taking further action.

4.5. Withdrawal of Proposal: Proposers may withdraw their proposal at any time by written notice to DCAMM prior to License execution.

5. EVALUATION CRITERIA

5.1. Usable Area and Type of Space: The proposal should offer the amount of space in usable square feet (see Amount of Space for definition of Usable Area). DCAMM reserves the right to accept proposals for an amount of space that varies from this amount, provided that it meets the User Agency’s needs and is in the best interest of the Commonwealth.

The proposal must offer the type of space sought and DCAMM must be satisfied that the proposed space is or will be made functional for and compatible with the Program Description.

5.2. Location: The suitability of the proposed location for the operations of the office or facility, including:

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5.2.1. Access: Ease of access to the proposed Building by public transportation, shuttle, automobile, and on foot. DCAMM will consider the ease of vehicular access and the degree of congestion on streets and roadways in proximity of the Building, the availability and frequency-of-service of public transportation and of shuttle service, if any, the distance from public-transportation stops and shuttle service stops to the main entrance of the proposed Building, and whether paths of travel from such stops to the main entrance of the proposed Building are well-lit, well-traveled, and accessible for persons with disabilities. Locations with scores of 60 or greater on the Smart Location Index issued by the U.S. General Services Administration are preferred and will be rated higher on this evaluation criterion.

5.2.2. Parking: Proximity, accessibility, and availability of parking identified in § 2. DCAMM will consider the availability of parking spaces and electric vehicle charging stations during the Hours of Operation and whether parking areas and the walkways between them and the proposed Building are well-lit and the walkways easily traversed.

5.2.3. Neighborhood Characteristics: The characteristics of the surrounding neighborhood, including compatibility of adjacent uses with the Commonwealth’s proposed use, the safety and security for persons and property, and the availability of basic services and amenities during the Hours of Operation.

5.2.4. Compatibility of Use: The compatibility of current and proposed activities and uses in the proposed Building or complex with the Commonwealth’s proposed use. The evaluation of proposals will consider whether the existing and proposed uses are compatible with the mission of the User Agency and the security, safety, and health of employees and visitors.

Evaluation of proposals may also consider whether proposals provide feasible opportunities to co-locate with other state agencies in the proposed Building or complex of buildings to create related financial benefits to the Commonwealth. In evaluating proposals, DCAMM may consider the negative or undesirable effects of co-locating multiple state agencies in the event DCAMM determines the operations of such state agencies are incompatible.

5.3. Building Conditions Proposed Premises: The suitability of the proposed Premises for the space needs of the office or facility, including specific consideration of:

5.3.1. Configuration: The degree to which the configuration of the Premises meets the User Agency’s programmatic needs taking into account the size and shape of the space and any internal barriers to efficient design and accessibility.

5.3.2. Building Module and Column Spacing: A regular, consistent building module that allows for a regular, consistent office and workstation layout and the efficient utilization of space is generally desired, as is column-bay spacing at 25' to 35' on center.

5.3.3. Main Entry Point(s): The ease of access from the Building entrance(s) and common areas to the main point(s) of entry for the proposed space will be considered.

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5.3.4. Location and Distribution of Space: Upper-level floors are usually sought for administrative functions, lower-level floors for offices generating substantial foot traffic. Basement space free from water or obstructions and with an adequate window line will be considered. Contiguous space is preferred on one floor for a small office and on one or more floors for a large office. For a large office, a large floor plate that minimizes the number of floors is preferred. For non-contiguous spaces, interconnecting staircase(s) are preferred.

5.3.5. Daylighting: Premises that provide window area equal to at least 25% of the exterior wall surface area are preferred and will receive a higher rating on this evaluation criterion.

5.3.6. Sustainable Space Utilization: Premises that prioritize the reuse of existing construction, not only to economize for the Commonwealth, but also align with our goals of minimizing landfill contributions through reutilization efforts, and meeting Commonwealth Policy Objectives as outlined in §7 in relation to sustainability will be rated higher on the evaluation criterion.

6. LICENSE, EXECUTION PROCESS & OCCUPANCY:

DCAMM, the User Agency, and the conditionally selected proposer will work together to finalize the License, which must be in the form of the Commonwealth License to Occupy Real Property which can be found with this IFP in COMMBUYS.

6.1. License Preparation: DCAMM will prepare the License, in conformance with the IFP, the conditionally selected proposal, and the successful conclusion of negotiations by DCAMM, the User Agency, and the conditionally selected proposer. DCAMM will confirm that the License, including each Exhibit and Attachment, is complete and correct and that the License is ready to be signed. DCAMM will send the License to the Landlord.

6.2. Review and Execution of the License by DCAMM Commissioner: The Landlord will sign the License, submit it to the User Agency for signature, and send the completed Attachments to DCAMM. The User Agency will sign the License and submit it to DCAMM for approval and execution by the DCAMM Commissioner. Please note that Tenant under the License is the Commonwealth of Massachusetts acting by and through the Commissioner of DCAMM on behalf of the User Agency. No license is binding until it has been executed by the DCAMM Commissioner.

6.3. Design and Completion of the Landlord’s Improvements: Following execution of the License, it is Landlord’s responsibility to deliver the Premises to Tenant in accordance with the License, including Exhibit B (Schematic Space Plan of the Premises), Exhibit C (Specifications for the Premises), Exhibit D (Project Schedule), and the Working Drawings.

In accordance with § 4 of the Commonwealth License to Occupy Real Property, Landlord is responsible for the completion of Working Drawings prepared by licensed professionals, furnishing all labor and materials, and securing all permits necessary to complete the Landlord’s Improvements, and for achieving substantial completion of improvements. Any MAAB variance application must be approved by DCAMM prior to submission to the Board.

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6.4. Occupancy: The User Agency will take occupancy of the Premises after the Premises are deemed available for Tenant’s occupancy in accordance with the License. DCAMM will confirm the Date of Occupancy which will be the commencement date of Tenant’s obligation to pay Rent and the commencement date of the Term.

7. COMMONWEALTH POLICY OBJECTIVES

Whenever feasible, it is DCAMM’s policy to acquire licensed space in a manner that supports the following Commonwealth Policy Objectives, as defined in the Administrative Bulletin from the Executive Office for Administration and Finance relating to Commonwealth Leasing and Real Estate Activity (A&F 25) which can be found linked here:

A&F 25 Bulletin on Mass.Gov and as summarized as follows:

• Prioritizing the location of state investments in Gateway Cities, environmental justice areas, and other areas where they can play a role in revitalizing and stabilizing the economies of underserved communities.

• Encouraging participation by individuals and businesses from under-represented groups as vendors, developers and in the workforce.

• Advancing climate and decarbonization objectives in programming, siting, design & construction, and other real estate and property decision-making.

7.1. Historic Properties: G. L. c. 7C, § 33 mandates that whenever space in buildings is to be acquired for the use of state agencies, first consideration must be given to structures that have been certified as historic landmarks as provided by G. L. c. 9, §§ 26 through 27C, listed in the National Register of Historic Places as provided by 16 USC § 470a (1974), or designated historic landmarks by local historic commissions “unless use of such buildings would not be feasible in terms of costs and requirements when compared with other available properties.”

7.2. Leading by Example, Decarbonizing and Minimizing Environmental Impacts of State Government: Executive Order No. 594 (EO-594) aims to reduce emissions and environmental impact of state government operations to reduce energy consumption, decrease greenhouse gas emissions, lower energy costs for the Commonwealth, and provide resilient infrastructure.

If a ground up building is contemplated, Proposers should ensure that new buildings adhere to stringent energy performance requirements (including the new Specialized Stretch Energy Code, when promulgated), prioritize strategic electrification of heating and cooling, and are LEED or Energy Star Certified, and that design and implementation is consistent with the standards for new construction and building renovation, as applicable, established for Commonwealth projects in Section 3 and 4 of Executive Order 594.

As set forth in Section 4E. of Executive Order 594, DCAMM will use the following criteria in evaluating proposal compliance with EO-594:

a. Compliance with or exceeding current building energy codes;

b. Meeting environmental criteria and receiving applicable environmental certifications

(e.g., LEED or Passive House, Energy Star);

https://www.mass.gov/administrative-bulletin/commonwealth-leasing-and-real-estate-activity-af-25?_gl=1*tsvll0*_ga*MTY3OTI2MjgyOC4xNzEyMDYyMDM2*_ga_MCLPEGW7WM*MTc0MTcwNDYwMi42My4wLjE3NDE3MDQ2MDIuMC4wLjA

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c. Compliance with municipal energy disclosure ordinances;

d. Compliance with state recycling requirements;

e. Access to electric vehicle charging stations;

f. Siting near public transportation and accessibility for pedestrians and cyclists; and

g. Other elements that contribute to reduced GHG emissions and/or reduced environmental impacts

h. Locations with scores of 60 or greater on the Smart Location Index issued by the U.S.

General Services Administration

7.3. South Coast Rail Economic Development and Land Use Corridor Plan (the Corridor Plan): The Corridor Plan was released in 2009 and is available at http://www.mass.gov/southcoastrail. Executive Order No. 525 (EO-525) declares that the Corridor Plan, “through an unprecedented civic engagement process, identifies priority areas for additional growth and for land preservation, thereby creating a long-term vision for the sustainable development of this region.” EO-525 further declares that “the Corridor Plan’s smart growth framework calls for the clustering of jobs and homes around new stations, in downtowns and village centers, and for the permanent protection of the South Coast’s environmentally sensitive forests, wetlands, farms, and habitat areas.” EO-525 directs agencies of the Commonwealth to “review their policies, actions and investments to support and implement the recommendations of the Corridor Plan.” The South Coast region is comprised of the following cities and towns: Acushnet, Attleboro, Berkley, Bridgewater, Canton, Dartmouth, Dighton, Easton, Fairhaven, Fall River, Foxborough, Freetown, Lakeville, Mansfield, Marion, Mattapoisett, Middleborough, New Bedford, North Attleborough, Norton, Raynham, Rehoboth, Rochester, Seekonk, Sharon, Somerset, Stoughton, Swansea, Taunton, Wareham, and Westport. In those instances when DCAMM seeks to license space in the South Coast region, proposers are invited to demonstrate, within their proposals, how their proposals are consistent with implementation of the recommendations of the Corridor Plan.

7.4. Gateway Cities: As defined in M.G.L. c. 23A, s. 3A“a municipality with a population greater than 35,000 and less than 250,000, a median household income below the commonwealth’s average and a rate of educational attainment of a bachelor’s degree or above that is below the commonwealth’s average.” The following is the current list of municipalities that are Gateway Cities: Attleboro, Barnstable, Brockton, Chelsea, Chicopee, Everett, Fall River, Fitchburg, Haverhill, Holyoke, Lawrence, Leominster, Lowell, Lynn, Malden, Methuen, New Bedford, Peabody, Pittsfield, Quincy, Revere, Salem, Springfield, Taunton, Westfield, and Worcester.

7.5. Inclusive Design: DCAMM welcomes innovative facilities that meet the diverse and changing needs of users across age, gender, ability, language, ethnicity, and economic circumstance. Proposers are encouraged to provide a written plan outlining how their facility is designed to emphasize universal design principles to create inclusive environments for all occupants regardless of ability, in addition to compliance with applicable laws and regulations of the Americans with Disabilities Act and the Massachusetts Architectural Access Board. DCAMM promotes facilities that are usable by the widest range of situations without the need for special or separate design.

http://www.mass.gov/southcoastrail

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7.6. Environmental Justice Population Areas: An "Environmental justice population" is defined as a neighborhood that meets one or more of the following criteria: (i) the annual median household income is not more than 65 percent of the statewide annual median household income; (ii) minorities comprise 40 percent or more of the population; (iii) 25 percent or more of households lack English language proficiency; or (iv) minorities comprise 25 percent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 percent of the statewide annual median household income. In the absence of an explicit and documented geographic necessity to do so, DCAMM shall not license property located in an Environmental Justice Population neighborhood for a use that creates an Environmental Burden, as defined in M.G.L. c. 30, s. 62.Environmental Justice Populations can be found here: https://www.mass.gov/info-details/massgis-data-2020-environmental-justice-populations

7.7. Access & Opportunity: In all competitive solicitations involving real property by License, proposers shall submit a written plan for how their project will create opportunities for individuals or groups from historically under-represented demographics. Said plan will be utilized as part of DCAMM’s comparative evaluation criterion.

https://www.mass.gov/info-details/massgis-data-2020-environmental-justice-populations https://www.mass.gov/info-details/massgis-data-2020-environmental-justice-populations

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B. GENERAL SPECIFICATIONS

The Landlord’s Services in § B-1 describe the services that the Landlord should provide to the Tenant under the Commonwealth License to Occupy Real Property. The Landlord’s Services, with any modifications agreed to by the Commonwealth based on the selected proposal, will be incorporated into the License. The proposer must clearly identify in the proposal each proposed modification so that DCAMM, in consultation with the User Agency, can take this into account in evaluating the proposal. Conditional selection of a proposal may include a requirement that the proposer withdraw a proposed modification.

The Landlord’s Improvements in § B-2 describe the improvements that Landlord should provide to Tenant under the Commonwealth License to Occupy Real Property. The Landlord’s Improvements, with any modifications agreed to by the Commonwealth based on the selected proposal, will be incorporated into the License. The proposer must clearly identify in the proposal each proposed modification so that DCAMM, in consultation with the User Agency, can take this into account in evaluating the proposal. Conditional selection of a proposal may include a requirement that the proposer withdraw a proposed modification.

DCAMM encourages proposers to suggest ways to use existing or less costly improvements to meet the needs of the User Agency and to submit alternative proposals that meet the needs of the User Agency in a better or more cost-effective manner.

DCAMM reserves the right to waive programmatic elements to make a selection if it meets the User Agency’s needs and is in the best interest of the Commonwealth.

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1. LANDLORD’S SERVICES

1.1. Hours of Operation: The User Agency’s Hours of Operation are from 9:00 a.m. to 5:00 p.m. Monday through Friday except state holidays.

1.2. Utilities: Landlord must ensure the delivery of the following utility services to the Building and Premises: (1) water, sewer, gas, fuel, and electricity, (2) heating, ventilation, and air-conditioning (HVAC), (3) all common-area lighting, and (4) power for the User Agency’s office equipment and lighting within the Premises.

During the Hours of Operation, Landlord must ensure that HVAC is available and properly operating and functioning throughout the Premises and Landlord must maintain the temperature within 70º and 74° Fahrenheit in the wintertime and within 72º and 76° Fahrenheit in the summertime.

In the Main Distribution Frame (MDF), and Intermediate Distribution Frames (IDFs), if any, Landlord must maintain the temperature at no more than 70º Fahrenheit 24/7.

1.3. Maintenance of Premises, Appurtenant Areas, and Building: Landlord must provide the continuous maintenance and repair services needed to maintain the Premises, appurtenant areas, systems, equipment, and the Building in good repair and tenantable condition. Landlord must provide Safety Data Sheets for all products used on-site.

Landlord must keep the Building and appurtenant areas clean and free from litter and from pests, through implementation of an Integrated Pest Management program. Landlord must maintain common pedestrian walkways and landscaped areas. Landlord must remove snow and ice from all entrances, exits, sidewalks, and parking areas before the Hours of Operation and during such hours if snow, ice, or both accumulate. Landlord must use environmentally preferable ice-melt and sand as necessary to ensure safety. Landlord must supply, install, and maintain entry mats or walk off mat at all Building entrances.

Landlord must maintain and repair the Building envelope and systems including, by way of example and not limitation, roofs, windows, floors and floor covering, walls and wall coverings, ceilings, locks, life-safety systems and fire-protection equipment, lighting fixtures and lamps, and all mechanical, electrical, and plumbing systems serving the Building and the Premises. Landlord must service heating, ventilating, and air-conditioning equipment in accordance with the manufacturer’s recommendations and must replace filters quarterly or more often if indicated or dictated by local conditions or by the manufacturer’s recommendations. Landlord must maintain the heating, ventilating, and air-conditioning equipment so that the indoor air quality is consistent with each IAQ Standard/Guideline identified in the table under Initial Indoor Air Quality Testing in § B-1.

Landlord must replace worn or damaged ceiling tiles and floor coverings with equal or better goods and must repair and repaint worn or damaged wall surfaces in the

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Premises. Demolished ceiling tiles and floor coverings are to be recycled or returned to the manufacturer.

If the Term of License is ten years, or if the original Term of License is extended to ten years, Landlord must repaint all rooms listed under Meeting Areas and Entry Areas in the Working Drawings at the beginning of the fourth and the seventh year of the License Term in accordance with the specifications in § B-2, and Landlord must, at Tenant’s request, re-carpet all Entry Areas, Meeting Areas, and circulation areas leading from the Entry Areas to the Meeting Areas at the beginning of the sixth year of the License Term in accordance with the Specifications in § B-2. Landlord must repaint all other painted surfaces within the Premises at the beginning of the fifth year of the License Term in accordance with the Specifications in § B-2. Landlord is responsible for moving and returning furniture as necessary to accomplish painting and re-carpeting. The User Agency may waive this requirement in writing for certain rooms, or where protective wall covering is provided and installed.

1.4. Building Security and Access: Landlord must enable authorized employees of the User Agency to access the Premises at any time 24/7. Landlord may enable such access via security guards, a master key, an electronic card, or a similar restrictive entry system.

Landlord must provide, maintain and service all the security systems and security systems components described in § B-2. For the intrusion alarm system and the water detection and temperature and humidity monitoring systems in the MDF and IDFs, Landlord must provide a 24/7 alarm monitoring service to alert Landlord’s property manager and User Agency of an alarm.

1.5. Janitorial Services: Landlord must provide the janitorial services of a professional cleaning-service company that consistently, adequately, and sufficiently supervises the employees of such company and ensures that standard office-cleaning practices are followed and performed at all times. Landlord must require such company to carry comprehensive liability insurance for not less than $2,000,000 combined single limit, and Workers’ Compensation insurance covering all persons employed by such company in the Building and appurtenant areas, issued by a carrier or carriers qualified to conduct business in Massachusetts, and naming the Commonwealth of Massachusetts as an additional insured. Landlord must provide Safety Data Sheets for all cleaning products used on-site to Tenant and User Agency. Services include:

Daily: Empty all waste baskets; remove trash; wash and clean all fixtures, counters, and floors in all restrooms, in each Staff Support Room, and in the Wellness Room;

replenish paper and soap and hand-sanitizing products in all restrooms, and supply and replace all liners for all waste and sanitary napkin receptacles; replenish paper and hand-sanitizing products in the Restrooms, Wellness Room and in each Staff Support Room; sweep or dry-mop uncarpeted floors (including entrances, lobbies, and corridors); vacuum carpeting with HEPA-filter vacuum; clean drinking fountains and H20 points of use.

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Weekly: Wash all uncarpeted floors, dust furniture and all horizontal surfaces, including, by way of example and not limitation, fixtures, blinds, windowsills, and convection units; buff uncarpeted floors; clean all door-entry window glass, visual-glass panels on room doors, all glass sidelights, all office visual-glass panels, and all modular-furniture glass panels.

Quarterly: Strip, wax, and buff uncarpeted floors; vacuum air diffusers and return grilles.

Semi-Annually: Clean carpet using a non-toxic cleaning method consistent with the carpet manufacturer’s instructions; wash windows (inside and outside); damp-wash air diffusers, return grilles, and surrounding walls and ceilings.

Annually: Wash blinds; dust all high surfaces.

As Needed: Supply and replenish all paper and soap products in restrooms; supply and replace paper towels in the Wellness Room and in each Staff Support Room, supply and replace all liners for all waste and sanitary napkin receptacles;

exterminate pests; spot-clean carpets.

Recyclables Collection: Landlord must provide recycling receptacles for paper in each office and at each workstation, and Landlord must empty the receptacles as needed, but not less than once per week, into Landlord-provided recycling bins for recycling by Landlord. In addition, Landlord must provide the User Agency with recycling services for, at a minimum, delivery pallets, cardboard, glass, and recyclable plastic and metals.

Cleaning Products and Methods, Hand Soap and Paper Supplies: Landlord and Landlord’s professional cleaning-service company must use environmentally preferable cleaning products and methods that have one or more of the following third-party labels; EPA Safer Choice, Green Seal Certified Cradle to Cradle or UL EcoLogo. USDA BioPreferred products are preferred. The Landlord and Landlord’s professional cleaning-service company must supply the following products and ensure compliance is met.

• Hand soaps located throughout the building are and prohibited to include antimicrobials.

• Plastic waste bags to have recycled plastic postconsumer material

(RPPCM).

• Paper towels, toilet paper and toilet seat covers to have no added inks, dyes or fragrances and include post-consumer waste recycled content and whenever possible have a Forest Stewardship Council Recycled certification.

Additional Janitorial Services during the Term: From time to time, by agreement between Tenant and Landlord, Landlord may be required to perform additional janitorial services or increase the frequency of the services described above.

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1.6. Preparation for Occupancy by Tenant: Before Tenant occupies the Premises, Landlord must perform, or Landlord must cause Landlord’s professional cleaning-service company to perform, a comprehensive cleaning of the Premises including, by way of example and not limitation: vacuum and wash all horizontal surfaces (including, by way of example and not limitation, soffits, window sills, counters, work surfaces, interiors of millwork cabinets installed by Landlord); wash, wax, and buff all uncarpeted floors; vacuum all carpeting with HEPA-filter vacuums; and wash windows inside and outside. In addition, Landlord must verify that all ductwork has been cleaned, all grilles have been washed, and all temporary filters have been replaced, as specified in § B-2.7 Ventilation.

1.7. Initial Indoor Air Quality Testing: Within 30 days after the Date of Occupancy, Landlord must conduct initial indoor air quality testing (Initial IAQ Testing) of the Premises using a Certified Industrial Hygienist approved by Tenant. Initial IAQ Testing must include, without limitation, direct-reading measurements of temperature, relative humidity, carbon dioxide, carbon monoxide, airborne particulates, and volatile organic compounds in a representative sampling of the Premises that demonstrates results consistent with those identified below, and a moisture survey of readily accessible porous building materials in areas where water is or is likely to be present.

Material Measured IAQ Standard/Guideline Source Carbon dioxide 800 ppm MA DPH Carbon monoxide Less than or equal to outdoor concentrations

MA DPH

Particulate in air .035mg/m3 US EPA VOCs Less than or equal to outdoor concentrations

MA DPH

Landlord must deliver to Tenant and User Agency a written report (the Initial IAQ Report) of the results of the Initial IAQ Testing. If the Initial IAQ Report identifies any deficiencies in the indoor air quality or HVAC system of the Premises or Building, Landlord and Tenant must establish a schedule to remedy the deficiencies and Landlord, at Landlord’s sole cost and expense, must immediately commence such remediation and pursue it diligently to completion. Upon completion of this remediation, Landlord must undertake additional IAQ Testing and must deliver to Tenant and User Agency a written report of the results of the additional IAQ Testing that demonstrates that the deficiencies have been remediated.

1.8. Indoor Air Quality Testing During License Term: Within approximately 30 days after receipt of a written request from Tenant, once during License years 1 – 5 and again once during License years 6 – 10 if the Term of License is ten years or if the original Term of License is extended to ten years, Landlord must conduct, at Landlord’s sole cost and expense, indoor air quality testing (IAQ Testing) of the Premises using a Certified Industrial Hygienist approved by Tenant. IAQ Testing must demonstrate results consistent with those identified above.

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Landlord must deliver to Tenant and User Agency a written report (the IAQ Report) of the results of the IAQ Testing. If the IAQ Report identifies any deficiencies in the indoor air quality or HVAC system of the Premises or Building, Landlord and Tenant must establish a schedule to remedy the deficiencies and Landlord, at Landlord’s sole cost and expense, must immediately commence such remediation and pursue it diligently to completion. Upon completion of this remediation, Landlord must undertake additional IAQ Testing and must deliver to Tenant and User Agency a written report of the results of the additional IAQ Testing that demonstrates that the deficiencies have been remediated.

1.9. Re-Balancing of HVAC System During License Term: If the Term of License is more than five years or if the original Term of License is extended beyond five years, Landlord, at Landlord’s sole cost and expense, must rebalance the HVAC system at the beginning of License year 6 and Landlord must provide Tenant with a registered engineer’s certification that the air distribution is properly balanced in accordance with the design intent as set forth in the approved Working Drawings, along with a copy of the supporting balancing report not later than ninety days following the beginning of License year 6. Landlord must correct identified deficiencies.

1.10. Professional Design Services: Promptly following selection of its proposal, the selected proposer must provide professional design services to the User Agency to complete the Schematic Space Plan of the Premises that will be incorporated into and made part of the License as Exhibit B.