DCR 002 Driving Range Nets-Operations and Maintenance_RFR.pdf

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE REACHING OUT WITH ANY

QUESTIONS OR COMPLETING/SUBMITTING A BID RESPONSE

RFR DCR-002 / COMMBUYS Bid# BD-27-1020-DCRCU-DC250-131381

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS

DEPARTMENT OF CONSERVATION & RECREATION

10 PARK PLAZA, SUITE 6620

BOSTON, MA 02116

Request for Response (RFR)

Document Title:

Driving Range Nets – Operation & Maintenance

Agency Document Number:

DCR-002

July 27, 2026

Please Note: This is a single document associated with a complete Bid (also referred to as

Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at

OSDHELPDesk@mass.gov or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk County holidays.

http://www.commbuys.com/ mailto:OSDHELPDesk@mass.gov

Purchasing Department Department of Conservation & Recreation

Address 10 Park Plaza, Suite 6620

City, State Zip Code Boston, MA 02116

Procurement Contact Person Jim Burke

E-Mail Address jim.burke@mass.gov

RFR Name/Title Driving Range Nets – Operation & Maintenance

RFR Number DCR-002

COMMBUYS Bid Number BD-27-1020-DCRCU-DC250-131381

Procurement Category Goods & Services

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Massachusetts Department of Conservation & Recreation (DCR) is seeking a qualified vendor to provide for the maintenance of driving range nets at DCR’s Leo J. Martin Golf

Course in Weston, MA and DCR’s Ponkapoag Golf Course in Canton, MA.

Specifically, the DCR is looking for repair and replacement of netting and guy wiring, maintenance of range netting to ensure maximum lifespan, tightening of net guy wiring to avoid loosening of nets and degradation of netting lifespan, installation and movement of telephone poles, removal and installation of netting when requested seasonally, fixing of pole stanchions that snap or come loose, responding to weather-related emergencies, and providing a yearly maintenance program to prolong the Department’s investment in range material. This contract will replace DCR-855.

1.2 Applicable Procurement Law(s) & Regulations

Check

Appropriate

Box

Type of Purchase Applicable Laws & Regulations

Goods & Services MGL c. 7, § 22 | MGL c. 30, § 51, § 52 | 801

CMR 21.00

Human & Social Services MGL c. 7, § 22, § 22N | MGL c. 30, § 51, § 52

| 801 CMR 21.00 | 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; | MGL c. 7, §

22 | 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 | MGL c. 206, § 17 |

815 CMR 2.00

1.3 Acquisition Method(s)

Check All Applicable Category

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other: [specify]

1.4 Estimated Number of awards

Check One Eligible Entities

Single Contractor

Multiple Contractor

The target number of contract vendors is one (1). It is the Department’s intent to award a maintenance agreement with 1 vendor for the ongoing maintenance of driving range nets.

1.5 Rolling Enrollment Contract & Adding Contractors after initial Contract Award

This solicitation will be closed following contract award. If over the life of this procurement the DCR determines that additional contract awards are needed, these may first be drawn from qualified companies that responded to this bid but were not awarded contracts. If necessary, DCR reserves the right to re-open this bid solicitation in COMMBUYS during the life of this procurement to obtain new responses if it determines that additional bid responses are needed to adequately meet the DCR’s needs.

1.6 Eligible Entities

Check One Eligible Entities

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

Limited Use Contract – Restricted to Use by the Issuing Entity Only

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 5 years From contract execution through

December 31, 2031

Renewal Options 0 N/A N/A

Total Maximum

Contract Duration 5 years Through December 31, 2031

1.8 Estimated Value of the Contract

The estimated annual value of this procurement is approximately $50,000 - $150,000 per year depending upon conditions and potential emergency/weather-related damage.

1.9 Contract Structure & Pricing/Compensation

Contract(s) resulting from this Bid will be set up as Rate Contract(s) and will not have a maximum obligation amount. The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this bid. Funding for any contract resulting from this procurement is conditioned upon available funding.

Awarded vendor(s) must hold to their service rates/pricing for the first two (2) years of this contract. Beginning January 1, 2029, awarded vendor(s) may update their service rates/pricing. Requests to update service rates/pricing must be submitted in writing to DCR for review and consideration. If approved, any service rate/pricing changes shall take effect upon DCR written approval. Any approved service rate changes shall remain in effect for a minimum of twelve (12) months before an awarded vendor is able to request another update to service rates/pricing.

All invoicing and payments must be made in accordance with the Commonwealth’s Bill

Payment Policy. Unless otherwise specified at the time of purchase, all invoices should be submitted to the individual that placed the service order. Invoices submitted by the vendor shall encompass the entirety of a completed service request and should include a

Department purchase order number. Vendors shall be responsible for providing accurate backup documentation with each invoice.

In accordance with Commonwealth policies, the department cannot pay in advance for services. Payments shall be made after services have been rendered. In addition, unless a vendor provides a Prompt Payment Discount (PPD) for early payment, payments for services will not be released by the Commonwealth until 45 days after services are rendered (“service to” date) or the date the department receives an invoice, whichever is the latter date.

1.10 Performance & Payment Timeframes that Continue Beyond Duration of the Contract

All purchase requests and orders placed during the duration of this procurement and whose performance and payment time frames extend beyond the duration of this procurement shall remain in effect for performance and payment purposes no longer than three (3) months after the final contract date. No new purchase requests or orders may be placed after the procurement has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any purchase requests or orders already in place unless the department also terminates said purchase requests or orders that were placed pursuant to the main contract.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date July 27, 2026

Deadline for Submission of Questions August 10, 2026 at 5:00PM EST

Official Answers for Bid Q&A published

(Estimated) August 14, 2026 at 5:00PM EST

Bid Amendment Deadline / Online Quote submission begins. Bid documents will not be amended after this date.

August 20, 2026 at 5:00PM EST

Deadline for Quotes/Bid Responses (“Bid

Opening Date/Time” in COMMBUYS) September 4, 2026 at 3:00 PM EST

Notification of Apparent Successful

Bidder(s) (Estimated) September 18, 2026

Estimated Contract Start Date October 12, 2026

Times shown on the following table 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 Online Questions [Bid Q&A] on COMMBUYS

Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated

Procurement Calendar (above). 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.

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 DCR, including requests for clarification. The

DCR 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 DCR to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Official Answers for Bid

Questions Issued” date indicated in the Estimated Procurement Calendar (above).

Written questions and responses will be posted on the Bid Q&A Tab for this Bid in

COMMBUYS.

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.

2.3 Amendment Deadline

The Department reserves the right to make amendments to the Bid after initial publication.

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 Department and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2.4 Quotes/Bid Responses Deadline [Bid Opening Date/Time]

See the Quotes/Bid Responses deadline (Bid Opening Date/Time) indicated in the Estimated

Procurement Calendar above.

2.5 Estimated Contract Start Date

This is the approximate start date. The actual start date will be the Contract Effective Date, which is the date the contract is executed by the parties.

3 PROCUREMENT SPECIFICATIONS

3.1 Product/Service Specifications

The Massachusetts Department of Conservation & Recreation (DCR) is seeking a qualified vendor to provide for the maintenance of driving range nets at DCR’s Leo J. Martin Golf

Course in Weston, MA and DCR’s Ponkapoag Golf Course in Canton, MA.

Specifically, DCR is looking for a vendor to provide:

• repair and replacement of driving range netting and guy wiring

• maintenance of driving range netting to ensure maximum lifespan

• tightening of net guy wiring to avoid loosening of nets and degradation of netting lifespan

• installation and movement of telephone poles

• removal and installation of netting when requested seasonally

• fixing of pole stanchions that snap or come loose

• responding to weather-related emergencies

• providing a yearly maintenance program for driving range netting, wiring and associated driving range materials

3.1.1 Bidder Qualifications, Capacity, & Experience

Bidders must have a documented track record of maintaining driving range nets and wiring and must have at least five (5) years of experience providing services and products of a similar nature.

Bidder responses must include an overview of the company’s background and experience and include a list of current and/or former/recent customers (minimum of three) in which the bidder provided services of a similar nature.

Bidders must have the capacity to provide service at BOTH Leo J. Martin Golf Course in

Weston, MA and Ponkapoag Golf Course in Canton, MA

3.1.2 Tax Exemption

The contract vendor(s) may not charge state taxes (including sales tax) to any

Commonwealth agency. Contractors may request a tax-exempt certificate from agencies.

3.1.3 Commonwealth Standard Contract and Terms & Conditions

The Commonwealth of Massachusetts Standard Contract Form and incorporated

Commonwealth Terms & Conditions supersede any vendor’s terms and conditions.

4 OTHER PROVISIONS & SPECIFICATIONS

4.1 Small Business Purchasing Program (SBPP)

4.1.1 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.

4.1.2 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 as described in this solicitation, the SBPP participant shall be awarded the contract. The Procurement Team will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the Procurement Team’s best value evaluation criteria.

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

4.1.3 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.

4.1.4 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 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.

4.1.5 Program Resources 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 sbpp@mass.gov.

4.2 Prompt Payment Discounts (PPD)

All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth’s Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder provides compelling proof that it would be unduly burdensome. PPD benefits both contractors and the

Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer (EFT) initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically may be tracked and verified through the Comptroller’s VendorWeb system. The PPD form may be found as an attachment for this Bid on COMMBUYS.com.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the procurement team.

The procurement team will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth. The requirement to use PPD offerings may https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://www.commbuys.com/bso/ be waived by the procurement team on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

4.3 Environmentally Preferable Products

Products and services purchased by state agencies must be in compliance with Executive

Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801

CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP

Program. EPPs are 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. Bid responses must identify how a contractor meets these goals.

4.4 Failure to Perform 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 the Department. The Department may terminate a contract if a contract vendor’s performance continues to be inadequate despite DCR warnings and opportunities to take corrective action.

5 EVALUATION CRITERIA

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

Responses must be sent via the “Create Quote” functionality in COMMBUYS. For instructions concerning how to submit a response, please see Section 6.

Bidders must submit responses that meet all the submission requirements of this RFR. All potential bidders must be registered with the Massachusetts Department of Revenue (DOR) and meet all the requirements set forth by the DOR to conduct business in the Commonwealth of

Massachusetts, including but not limited to registration with the Massachusetts Secretary of

State’s Corporations Division. Only responsive proposals that meet the submission requirements will be evaluated and scored by the Procurement Team according to the evaluation criteria.

Additional information may be requested for evaluation purposes.

Any submission that 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 may be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

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

Bidders must submit a completed Bidder Response Form as part of their bid response in

COMMBUYS. The Bidder Response Form is included in the Attachments Tab of the bid solicitation in COMMBUYS.

Responses will be evaluated using the following general criteria:

• Capacity/Qualifications - Vendor’s ability to provide the services outlined in Section 3 of this RFR

• Capacity/Qualifications – Vendor’s ability to provide services at BOTH Leo J. Martin

Golf Course and Ponkapoag Golf Course

• Capacity/Qualifications – Vendor’s ability to respond to emergencies and provide service during emergency situations

• Experience – Number of years a vendor has been in business. Vendor must have at least 5 years’ experience providing services of a similar nature

• Experience – Vendor must provide a minimum of three (3) current and/or former/recent customers in which the vendor provided services of a similar nature

• Level of Service – Number of days/week vendor operates and is able to provide services

• Service Rate/Pricing

• Prompt Payment Discounts (PPD)

• Environmentally Preferable Products/Practices (EPP)

6 ELECTRONIC QUOTE SUBMISSION INSTRUCTIONS

6.1 Submittal via COMMBUYS

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

(https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids). 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 Locating & Responding to Bid Solicitations in COMMBUYS

• Vendor Webcast Trainings on how to register in COMMBUYS and how to find bids (solicitations) and submit quotes (responses) through COMMBUYS https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids http://www.commbuys.com/ https://www.mass.gov/info-details/locating-and-responding-to-bid-solicitations-in-commbuys https://www.mass.gov/service-details/vendor-training-courses

• 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.

7 COMMONWEALTH EXECUTIVE DEPARTMENT – ACCESSIBILITY CONTRACT LANGUAGE

FOR DIGITAL ASSETS

The Commonwealth is legally obligated under multiple federal laws, its own Constitution, state statute and Governor-issued Executive Orders to ensure non-discrimination and equal access to state services on the part of people with disabilities and to provide reasonable accommodations to state employees with disabilities. The Commonwealth of

Massachusetts’ Enterprise Digital Accessibility Policy drives ongoing efforts to make

Massachusetts’ Digital Assets, including those delivered by a third-party, accessible and usable by all persons as required by state and federal laws. Where a Deliverable includes a

Digital Asset, such Deliverable must meet the Commonwealth’s Digital Accessibility

Standards.

The Commonwealth’s Digital Accessibility Standards include the Web Content Accessibility

Guidelines (WCAG) version 2.1 level A and AA developed by the World Wide Web

Consortium (W3C). Where a Contractor delivers a Digital Asset to the Commonwealth, including any Digital Asset ancillary to a Deliverable that is itself not a Digital Asset, the

Contractor must comply with the digital accessibility obligations set forth in the Vendor

Digital Accessibility Contract Language and Vendor Digital Accessibility Testing

Obligations, and any subsequent versions or amendments.

During the RFQ bidding process and upon request, contractors shall cooperate and provide the Commonwealth, or any third-party digital accessibility service provider procured by the Commonwealth, access to test its digital product(s) for accessibility at no additional cost to the Commonwealth. The digital product(s) must be available to the

Commonwealth for evaluation prior to purchase and on an ongoing basis.

https://www.mass.gov/learn-about-commbuys-resources?_gl=1*9wlir3*_ga*MTExMjUyMTE1Ny4xNzY0MDA1NTAz*_ga_MCLPEGW7WM*czE3NjQwMDU1MTIkbzEkZzAkdDE3NjQwMDU1MTIkajYwJGwwJGgw mailto:OSDHelpDesk@mass.gov https://www.mass.gov/info-details/enterprise-digital-accessibility-policy https://www.mass.gov/info-details/enterprise-digital-accessibility-policy#6-digital-accessibility-standards https://www.mass.gov/info-details/enterprise-digital-accessibility-policy#6-digital-accessibility-standards https://www.mass.gov/info-details/enterprise-digital-accessibility-policy#6-digital-accessibility-standards https://www.mass.gov/info-details/vendor-digital-accessibility-contract-language https://www.mass.gov/info-details/vendor-digital-accessibility-contract-language https://www.mass.gov/info-details/vendor-digital-accessibility-testing-obligations https://www.mass.gov/info-details/vendor-digital-accessibility-testing-obligations https://www.mass.gov/info-details/vendor-digital-accessibility-testing-obligations#access-to-test-digital-products

RFR ATTACHMENTS FOR

GOODS & SERVICES CONTRACT

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 DCR. Bidders must complete, execute and deliver, as applicable, all forms for contract award.

APPENDIX A – REQUIRED SPECIFICATIONS FOR COMMODITIES & SERVICES (JULY 10, 2024)

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 (2/23/2026) (INCORPORATES BY REFERENCE

COMMONWEALTH TERMS & CONDITIONS)

https://www.macomptroller.org/wp-content/uploads/form_standard-contract.pdf

APPENDIX C – STANDARD CONTRACT FORM INSTRUCTIONS & CONTRACTOR CERTIFICATIONS

(11/1/2024) https://www.macomptroller.org/wp-content/uploads/instructions_standard-contract-form.pdf

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

(10/25/2019) https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions.pdf

APPENDIX E – PROMPT PAYMENT DISCOUNT FORM

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

APPENDIX F – ENVIRONMENTALLY PREFERABLE PRODUCTS (EPP) PROCUREMENT PROGRAM

INFORMATION

https://www.mass.gov/environmentally-preferable-products-epp-procurement-program

APPENDIX G – 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 H – 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 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_standard-contract.pdf https://www.macomptroller.org/wp-content/uploads/instructions_standard-contract-form.pdf https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions.pdf https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions.pdf https://www.macomptroller.org/wp-content/uploads/form_prompt-pay-discount.pdf https://www.mass.gov/environmentally-preferable-products-epp-procurement-program 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

APPENDIX A

RFR - REQUIRED SPECIFICATIONS FOR COMMODITIES & SERVICES (JULY 13, 2023)

Revision Date: July 10, 2024

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 departmental 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.

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 http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html 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. Small Business Purchasing Program (SBPP)

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:

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

6. Been in business for at least one year;

7. 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

8. 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.

https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 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 https://www.commbuys.com/bso/ 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.

6. Best Value Selection and Negotiation. The Strategic Sourcing Services Team or SSST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SSST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

7. Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SSST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

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

9. Costs. Costs which are not specifically identified in the bidder’s response and accepted by a department as part of a contract will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

10. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS 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 SSST, including requests for clarification. The SSST 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 SSST to be lost or rejected by any means including email or spam filtering.

11. Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder is able to provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe, and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors may track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the

EFT application may be found on the OSD Forms page ( www.mass.gov/lists/osd-forms). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on

MASSfinance.

http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment

Form to this department for review, approval, and forwarding to the Office of the Comptroller. If the bidder already is enrolled in the program, it may so indicate in its response. Because the

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

The requirement to use EFT may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SSST will consider such requests on a case-by-case basis and communicate the findings to the bidder.

12. Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by

State Agencies. Food purchased and served by state agencies must be in compliance with

Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009, that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for

Implementation of Executive Order 509.

13. HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and

Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security

Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and

164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

14. Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

15. Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth’s Prompt Payment Discount (PPD) http://www.mass.gov/eohhs/gov/departments/dph/programs/community-health/mass-in-motion/about-mim/components/tools-and-resources-for-executive-order-509.html http://www.mass.gov/eohhs/gov/departments/dph/programs/community-health/mass-in-motion/about-mim/components/tools-and-resources-for-executive-order-509.html initiative for receiving early and/or on-time payments, unless the bidder provides compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth.

Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer (EFT) initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount.

Payments that are processed electronically may be tracked and verified through the Comptroller’s

Vendor Web system. The PPD form may be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SSST. The SSST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

16. Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

17. Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The SSST reserves the right to reject unreasonable requests.

18. Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

19. Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

20. Acceptable Forms of Signature

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR

(i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature”

(ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.