Cumulative Impact RFR~1.pdf

COMMBUYS Bid# BD-25-1042-ENV-ENV01-115069

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

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY AND

ENVIRONMENTAL AFFAIRS

OFFICE OF ENVIRONMENTAL JUSTICE AND EQUITY

100 CAMBRIDGE STREET, FLOOR 10

BOSTON, MA 02114

Request for Response (RFR)

Document Title: OEJE Contractor for Cumulative Impact Analysis Guidance and Community Benefits Plans

COMMBUYS Bid#: BD-25-1042-ENV-ENV01-115069

April 07, 2025

1. RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1. Procurement Scope and Description

The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs’ (EEA) Office of Environment Justice and Equity (OEJE) is soliciting Bidders for the acquisition of a consultant agency to help develop Cumulative Impact Analysis and Community Benefits Plan guidance, focused on clean energy infrastructure siting.

To meet its required emissions limits outlined in the Commonwealth’s Clean Energy and Climate Plan, Massachusetts will need to build a significant amount of new and upgraded energy infrastructure in the coming decades, including new wind and solar generation, storage, transmission, and distribution infrastructure. The Commonwealth will also need to ensure the building of clean energy generation at a quicker pace than has been built to date, as well as upgrading and building transmission and distribution infrastructure to accommodate this generation and increased electric demand.

To address these barriers and challenges, Governor Healey established the Commission on Energy Infrastructure Siting and Permitting (Commission) in Executive Order 620 in September 2023. In March 2024, the Commission provided its final recommendations to Governor Healey regarding legislative, regulatory and administrative reforms to reduce permitting timelines, ensure communities are meaningfully engaged and are able to provide input in the siting and permitting of clean energy infrastructure, and to share the benefits of the clean energy transition equitably.

People are exposed to pollution through air, water, and land. Over time, these exposures can add up and interact with each other, and combined with existing health and socioeconomic conditions, can cause adverse health impacts. Communities that are home

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

Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

https://www.mass.gov/info-details/massachusetts-clean-energy-and-climate-plan-for-2025-and-2030 https://www.mass.gov/info-details/massachusetts-clean-energy-and-climate-plan-for-2025-and-2030 https://www.mass.gov/doc/recommendations-to-governor-maura-healey-on-clean-energy-infrastructure-siting-and-permitting-reform/download https://www.mass.gov/doc/recommendations-to-governor-maura-healey-on-clean-energy-infrastructure-siting-and-permitting-reform/download http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov to numerous sources of pollution – such as highways or waste facilities – often have higher rates of asthma and other serious health conditions. This is especially true in communities with environmental justice populations, where residents have higher instances of health issues related to socioeconomic conditions. As we move to build and upgrade a significant amount of new and upgraded energy infrastructure, we must identify communities that already experience disproportionate impacts from pollution and take measures to address these negative outcomes.

In November 2024, Governor Maura Healey signed into law An Act promoting a clean energy grid, advancing equity, and protecting ratepayers. This legislation will accelerate clean energy development, improve energy affordability, create an equitable infrastructure siting process, allow for multistate clean energy procurements, promote non-gas heating, expand access to electric vehicles and create jobs and support workers throughout the energy transition. The law also makes improvements to equitable siting and the community engagement process, which has historically been challenging to navigate. Municipalities will be granted automatic intervenor status in EFSB proceedings. A fund to support municipalities, organizations, and individuals who lack the resources will benefit from a new fund to support their needs for qualified legal representation and expert analysis. The EFSB will also require a cumulative impact analysis for projects seeking to site in environmental justice communities, so that no neighborhood becomes overburdened with infrastructure that the entire state benefits from. Through a comprehensive stakeholder engagement process, OEJE will create guidance on Cumulative Impact Analysis and Community Benefit Plans to inform the evolving EFSB process.

1.2. Statement of Tasks

The Contractor’s main responsibilities will include three tasks, including but not necessarily limited to the following:

I. Task #1: Stakeholder Engagement: OEJE seeks a consultant to conduct stakeholder engagement on cumulative impact analysis and community benefits plans that includes the following scope:

• Develop and implement a stakeholder engagement plan to seek input and ideas regarding energy infrastructure siting, which includes interviews, focus groups, a series of hybrid meetings with language access in different locations across the Commonwealth

• Work with Massachusetts agencies responsible for implementing changes to siting and permitting to present ideas and questions to stakeholders and seek input as part of the stakeholder engagement plan;

• Work with OEJE to identify and communicate with stakeholders across the Commonwealth who work with or in service of environmental justice populations including environmental justice advocates, environmental and public health experts, economists, and urban planning experts, among others;

• Organize and facilitate stakeholder meetings procure and distribute stipends or incentives, such as gift cards, to participants and/or organizational reimbursement for community-based organizations supporting the stakeholder engagement process, among others; and

II. Task #2: Asset Mapping: OEJE seeks a consultant to identify methodologies and best practices for cumulative impact analysis and community benefits plans includes the following scope:

• Identify cumulative impact analysis (CIA) and community benefits plans (CBP) experts who have worked on or developed similar processes with robust community and stakeholder engagements in Massachusetts, including MassDEP, or other municipalities, states, or countries, to discuss CIA processes, implementation challenges, and lessons learned;

• Conduct interviews, focus groups, and other dialogues with experts on CIA and CBP to gather information and lessons learned;

• Research methodologies and best practices for CIAs and CBPs in the United States and other countries and prepare a written document with best practices and findings;

• Identify factors to help decisionmakers determine levels of existing environmental burdens in a community and reach conclusions about whether project impacts could cause a disproportionate adverse impact and how to avoid, minimize, or mitigate those impacts;

• Propose a process for establishing a cumulative impact baseline analysis for Massachusetts;

• Co-create with stakeholders a written menu of options for CIAs and CBPs that can be used by project proponents, impacted communities, and municipal representatives to develop project-specific CIAs and community benefits agreements.

III. Task #3: Guidance Development: OEJE seeks a consultant to develop guidance for cumulative impact analysis and community benefits plans includes the following scope:

• Following stakeholder meetings, draft straw proposal for CIAs and CBPs for further stakeholder engagement and discussions about how a CBP can inform a community benefit agreement;

• Facilitate public listening sessions, community meetings, focus groups and other engagement mechanisms to receive and incorporate feedback; and

• Incorporate feedback and finalize CBP template and guidance for how CBP informs a CBA, and CIA.

Complete all of the above tasks by June 30, 2025, with possible extensions until December 31, 2025.

1.3. 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)

1.4. Number of Awards

OEJE will award one contract to a qualified vendor based upon bidder responses which should clearly demonstrate the capacity to provide services and programs that align with OEJE’s best interests in meeting its needs in relation to its objectives.

1.5. Qualifications & Experience

At a minimum, the selected Contractor’s qualifications and experience should include the following elements. A selected Contractor’s qualifications and types of experience may be met through one or more subcontracting relationships. If the Contractor (including subcontractors) has comparable qualifications to those that are listed below but does not have the exact qualifications, the bid should explain so.

1. Extensive knowledge of laws, regulations, policies, and guidance regarding cumulative impact analysis and community benefit plans

2. Demonstrated expertise in the clean energy space, with specific knowledge of

Massachusetts clean energy policies, climate goals, and permitting processes

3. Proven understanding of environmental justice principles and their application in the clean energy sector, especially with regards to community engagement, equity, and environmental justice

4. Extensive experience in stakeholder engagement, including facilitating multilingual meetings with simultaneous interpretation

5. Extensive experience in producing written materials using plain language and visuals that can be translated into multiple languages

6. Experience managing complex projects with tight timelines, ensuring high quality work is delivered on time and within budget

1.6. Acquisition Method(s)

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

1.7. Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of Options Number of Years/Months

Instructions

Initial Duration 2.5 Months

Renewal Options 1

Total Maximum Contract Duration

14.5 Months

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

1.8. Estimated Value of the Contract

The estimated annual value of this procurement is approximately $150,000. Funding may increase should additional funds become available. 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.

2. ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 4/7/2025

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

4/11/2025 at 2:00 pm

Official Answers for Bid Q&A published (Estimated)

4/17/2025

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

4/24/2025 at 2:00 pm

Notification of Apparent Successful Bidder(s) (Estimated)

4/25/2025 estimated

Estimated Contract Start Date 4/28/2025 estimated

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.

2.1. Written Questions via the Bid Q&A on COMMBUYS

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

It is the Bidder’s responsibility to verify receipt of questions.

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

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

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

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS 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.

2.2. 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.

3. PROPOSAL SPECIFICATIONS

3.1 Format and Elements of the Proposal

Proposals must be submitted via COMMBUYS. The proposal must include the following elements. Failure to adequately address each point may result in disqualification of the proposal. Proposals should include the following:

• Transmittal Letter (1-page limit): The transmittal letter should highlight any special features of the response and include the name, phone number, and email for the

Applicant’s point of contact and must identify this RFQ by number (ENV 24 EJ 03). The transmittal letter should acknowledge any Amendments to this RFQ posted on

COMMBUYS and be signed by a representative of the Applicant who has the authority to bind the Applicant.

• Executive Summary (1-page limit): This section should provide a concise overview of the contractor’s understanding of the project. It should summarize their approach for drafting the guidance for cumulative impact analysis and community benefit plans. The executive summary must contain the key components of the response, including the

Contractor’s name, names of key personnel that will be involved in the project and their respective roles.

• Consultant’s Qualifications, Team Composition, and Relevant Experience (4-page limit): A narrative, not to exceed four (4) pages, describing the respondent’s qualifications and experience (the page limit does not include resumes or the cost proposal). Provide a brief description of the consultant firm, including mission, history, and expertise in developing guidance or frameworks for clean energy projects, environmental justice, and impact assessments. Introduce key personnel, highlighting their qualifications, experience, and roles within in the project. Include resumes for key team members. This section should highlight previous relevant project where the consultant developed frameworks, guidance, or best practices for environmental and community-based processes. The consultant should demonstrate familiarity with

Massachusetts regulations and policy.

• Approach, Methodology, and Project Management (6-page limit): This section should provide a detailed explanation of the consultant’s approach to developing clear, actionable guidance for clean energy projects. This section should focus on how the consultant will define and communicate the process for creating cumulative impact analyses and community benefit plans, ensuring the guidance is practical and tailored to

Massachusetts’ needs. The methodology should include steps for developing the structure, content, and best practices for each element of the guidance. Additionally, the consultant should detail their approach to stakeholder engagement, explaining how they will work with relevant stakeholders (e.g. local communities, local government, environmental justice community organizations, representatives of utilities, the renewable energy industry, environmental sectors) to ensure that the guidance reflects a broad range of perspectives and meets the state’s objectives. They must also discuss how they will promote equitable community engagement and ensure that all stakeholders have an opportunity to contribute to the development of guidance. This section should also outline the consultant’s approach to reviewing existing best practices, regulatory frameworks, and any relevant tools that will inform the guidance.

The project management plan should describe the team structure, roles, responsibilities, along with how the consultant will ensure the timely and effective development of the guidance. The timeline, broken down by milestones, and deliverables, should be included.

• Cost Proposal (2-page limit): A cost proposal, broken out by task listed in the deliverables, staff person, and hourly rate. Contractors must include any and all ancillary services in the project price. OEJE under no circumstance will pay additional invoices related to project-based procurement. Proposals that include partnerships must designate one party as the lead contractors and identify the team of subcontractors.

Proposals that include partnerships must designate one party as the lead contractor and identify the team of subcontractors.

3.2 Small Business Purchasing Program (SBPP) Initiative

3.1.1. Small Business Participation Goal

The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts.

Pursuant to the SBPP, OEJE has set a goal making at least 50% of the awards resulting from this solicitation to SBPP-participating Massachusetts-based small businesses recognized as such in COMMBUYS. All bidders are encouraged to apply for SBPP status as described below.

OEJE also encourages the participation of SDO-certified businesses, which may also contribute to the award goal.

3.1.2. SBPP Participation Eligibility

To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP registered business in

COMMBUYS:

1) Have its principal place of business in the Commonwealth of Massachusetts;

2) Been in business for at least one year;

3) Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4) Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.commbuys.com/bso/

3.1.3. SBPP Registration Instructions

Bidders that meet the requirements above, must complete or renew their company or organization’s SBPP registration in COMMBUYS. Guidance on completing the task is available in the job aid Completing Small Business Purchasing Program (SBPP)

Application.

If the automatic COMMBUYS SBPP validation is not successful, bidders that believe that they meet SBPP eligibility requirements will be asked to provide supporting documentation by email for SDO review.

3.1.4. SBPP Compliance Requirements

It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract.

Misrepresentation of SBPP status by Bidders and Contractors will result in disqualification from consideration, and could result in debarment, contract termination, and other actions. To learn more about SBPP, including how to apply, visit the SBPP Webpage.

3.1.5. Program Resources and Assistance

Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbppreview@mass.gov.

3.3 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, https://www.commbuys.com/bso/ https://www.mass.gov/doc/how-to-complete-or-renew-sbpp-registration-guidance-for-seller-administrators/download https://www.mass.gov/doc/how-to-complete-or-renew-sbpp-registration-guidance-for-seller-administrators/download http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbppreview@mass.gov https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

3.4 Compensation Structure/Pricing

This is a fee for service contract based upon OEJE’s acceptance of deliverables from the Contractor during the contractual period. If the Contractor needs to be paid on a more frequent basis than when deliverables are due, OEJE and the Contractor may negotiate those terms of payment during the contract negotiation phase.

The Contractor will be responsible for the timely completion of the requirements described in the detailed Scope of Services and Deliverables and as directed by OEJE. The Contractor must assume overall responsibility for coordinating and completing all deliverables contained in the resultant contract.

3.5 Failure to Person Contractual Obligations

In accordance with the Commonwealth Standard Contract Form, Terms & Conditions, and this RFR, if a contract vendor has not performed services as required by this RFR, corrective action will be taken by OEJE. OEJE may terminate a contract if a contract vendor’s performance continues to be inadequate despite OEJE warnings and opportunities to take corrective action.

3.6 Human and Social Services Contracts

In the event that the vendor is offering Human & Social Services (H&SS), as defined by Massachusetts regulations (801 CMR 21.00), and as determined by OEJE in its sole discretion, then for an award of an H&SS Purchase of Service (POS) contract by OEJE to that vendor, that vendor shall be required to agree to the Commonwealth of Massachusetts H&SS Standard Terms and Conditions for that contract, and to provide to OEJE all applicable forms for H&SS Purchase of Service (POS) contracts.

4. AUDIT

During the term of this Agreement and for a period of six years thereafter, the Office of Environmental Justice and Equity, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy overcharged the Office of Environmental Justice and Equity, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

5. EVALUATION CRITERIA

Bidder scores will be used to rank bidders and will determine which bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award. The selected Contractor is required to have the experience, ability, and skills to complete projects of this type on time and within budget. All proposals received by the due date and meeting the requirements established in this RFR will be reviewed and evaluated by OEJE. OEJE evaluation criteria include, but are not limited to the following:

• Experience with Similar Projects (25 Points): Demonstrated experience in developing similar guidance documents, frameworks, or best practices for clean energy projects, environmental impact assessments, and/or community engagement processes/ Proposals will be evaluated based on the consultant’s track record in working on similar projects, especially those involving regulatory frameworks, stakeholder engagement, and environmental justice. Strong candidates will also demonstrate expertise in drafting clear, structured, and actionable guidance that project proponents can easily follow.

• Approach and Methodology (25 Points): The approach and methodology will be evaluated based on the consultant’s plan for developing the guidance documents, including the steps for research, stakeholder engagement, and drafting of recommendations. Proposals should clearly outline how the consultant will ensure that the guidance is practical, and clear. The methodology should also address how the consultant will engage stakeholders, particularly marginalized or vulnerable communities, to ensure that the guidance reflects a wide range of perspectives. The consultant should explain how they will balance the technical and regulatory requirements with the needs and concerns of local communities. The clarity, feasibility, and innovation of the proposed approach are key factors.

• Contextual Understanding and Equity Integration (20 Points): Proposals should demonstrate how the consultant plans to align the guidance with Massachusetts’ clean energy goals, environmental justice priorities, and community engagement requirements. The consultant should also describe how they will ensure the guidance reflects the needs of diverse and underserved communities, with a focus on incorporating environmental justice concerns. Proposals should outline how stakeholder engagement will be inclusive, prioritizing marginalized voices, and ensuring that the guidance is practical and equitable.

• Project Management and Timeline (15 Points): Proposals will be assessed on the clarity and feasibility of the proposed project management plan, including the structure of the team, roles, responsibilities, and project milestones. The consultant should provide a realistic timeline that outlines key deliverables and deadlines, ensuring that the project can be completed on time and within budget. The ability to manage stakeholder engagement, address potential risks, and provide ongoing communication throughout the process will also be considered.

• Price (15 Points): The budget will be evaluated based on the clarity, reasonableness, and alignment with the scope of work. Proposals should provide a clear breakdown of costs broken out by task listed in the deliverables, staff person, and hourly rate. The consultant should ensure that the pricing is competitive, realistic, and appropriate for the level of expertise required.

Mandatory Specifications must be met for a Bid to be evaluated and may be used to disqualify Bidders. In addition, OEJE reserves the right to request further clarification of any proposal submitted. Information submitted in response to such requests may be considered as factors in the awarding of this contract. All materials submitted as part of a response to this RFR are nonreturnable.

6. HOW TO SUBMIT A QUOTE

Submittal via COMMBUYS Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR.

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. All Bidders may begin creating and compiling response materials as soon as the Bid with all attachments is in the Sent document status. Bidders are instructed not to submit bid responses before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

All Bidders must submit responses online using tolls available only to sellers registered in COMMBUYS. COMMBUYS provides seller registration functionality at no charge. To register, go to www.commbuys.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

The following resources are provided to assist Bidders in submitting responses/quotes:

• An online job aid on How to Create A Quote in COMMBUYS

• Vendor Webcast Trainings on how to register in COMMBUYS and how to find bids (solicitations) and submit quotes (responses) through COMMBUYS

• COMMBUYS Support:

o Website: Key resources on the COMMBUYS Resource Center website o Email: Send inquiries to the COMMBUYS HelpDesk at

OSDHelpDesk@mass.gov o Telephone: Call the COMMBUYS HelpDesk at 1-888-MA-STATE (1-888-

627-8283). The HelpDesk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.mass.gov/service-details/vendor-training-courses http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/conduct-a-procurement/commbuys/ mailto:OSDHelpDesk@mass.gov

RFR ATTACHMENTS

The following attached forms are part of this RFR, are hereby incorporated by reference and are to be part of any agreement between bidder(s) and OEJE. Bidders must complete, execute, and deliver, as applicable, all forms for contract award.

APPENDIX A – REQUIRED SPECIFICATIONS FOR COMMODITIES & SERVICES (JULY 13, 2023)

Set forth in full below and available online at: https://www.mass.gov/doc/rfr-required-specifications-for-commodities-and-services

APPENDIX B – STANDARD CONTRACT FORM (7/22/2021) (INCORPORATES BY REFERENCE

COMMONWEALTH TERMS & CONDITIONS)

APPENDIX C – STANDARD CONTRACT FORM INSTRUCTIONS & CONTRACTOR CERTIFICATIONS

(8/6/2021)

APPENDIX D – COMMONWEATH TERMS & CONDITIONS FOR HUMAN & SOCIAL SERVICES

(10/25/2019)

APPENDIX E – PROMPT PAYMENT DISCOUNT FORM

https://www.macomptroller.org/wp-content/uploads/form_prompt-pay-discount.pdf

APPENDIX F – ENVIRONMENTALLY PREFERABLE PRODUCT INFORMATION APPENDIX G –

SUPPLIER DIVERSITY PROGRAM (SDP) FOR PURCHASE OF SERVICE (POS)

https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-

APPENDIX H – CONTRACTOR AUTHORIZED SIGNATORY LISTING (INCLUDED HERE FOR

INFORMATIONAL PURPOSES ONLY. REQUIRED UPON AWARD OF CONTRACT)

https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/

APPENDIX I – MASSACHUSETTS SUBSTITUTE W-9 FORM (INCLUDED HERE FOR

INFORMATIONAL PURPOSES ONLY. REQUIRED UPON AWARD OF CONTRACT)

https://www.macomptroller.org/wp-content/uploads/form_w-9.pdf

APPENDIX A RFR

https://www.mass.gov/doc/rfr-required-specifications-for-commodities-and-services https://www.mass.gov/doc/rfr-required-specifications-for-commodities-and-services https://www.macomptroller.org/wp-content/uploads/form_prompt-pay-discount.pdf https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/ https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/ https://www.macomptroller.org/wp-content/uploads/form_w-9.pdf

REQUIRED SPECIFICATIONS FOR COMMODITIES & SERVICES (JULY 13, 2023) Revision Date:

July 13, 2023

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR

21.00. Additional definitions also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this

RFR.

1. COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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 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.

http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

3. Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

4. Quote Content. Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

5. Supplier Diversity Office (SDO) Programs. Pursuant to Executive Order 599, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this

RFR.

6. Small Business Purchasing Program (SBPP) https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting

Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SST) will not evaluate submissions from non- SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility. To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP Webpage, or contact the SBPP Help Desk at sbpp@mass.gov.

7. Supplier Diversity Program (SDP) Program Background. Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/sdp relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

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

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

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

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

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

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

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

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships. Bidders and Contractors may engage SDP Partners as follows:

https://www.mass.gov/supplier-diversity-office

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

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

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

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

• SDP Partners are not required to be subcontractors.

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

• SDP Partners may be changed or added during the term of the contract, provided the

Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements. All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment.

Certified diverse Bidders may not list their own companies, their subsidiaries, or affiliates as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

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

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but are not listed in the above-mentioned directories.

Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified

Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification.

Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self- Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describe the bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

• A clearly stated purpose or goal.

• Specific types of diverse and small businesses targeted.

• Which departments/units within the business are responsible for implementing supplier diversity.

• Types of opportunities for which diverse and small businesses are considered.

• Specific measures/methods of engagement of diverse and small businesses.

• An existing internal supplier diversity policy.

• Public availability of the Bidder’s supplier diversity policy.

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

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

• Technical and financial assistance provided to diverse businesses.

• Participation in joint ventures between nondiverse and diverse businesses.

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

http://www.mass.gov/sdo https://www.mass.gov/forms/take-the-certification-self-assessment https://www.mass.gov/forms/take-the-certification-self-assessment

Evaluation of SDP Forms. To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation…