DCR 931 Lakes and Ponds MSA.pdf

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

Revised: March 5, 2024

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF CONSERVATION &

RECREATION

10 PARK PLAZA, BOSTON MA 02116

Request for Response (RFR)

Document Title: Lakes & Ponds Design, Assessment and Management

COMMBUYS Bid#: BD-24-1020-DCRCU-DC250-99320 Agency Document Number: DCR 931

3/5/24

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

https://www.commbuys.com/bso/bid/bidSummary.sdo?docId=BD-24-1020-DCRCU-DC250-99320&mode=initial http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE REACHING OUT

WITH ANY QUESTIONS OR COMPLETING/SUBMITTING A BID RESPONSE.

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

Revised: March 5, 2024

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.2 The Commonwealth of Massachusetts Department of Conservation and Recreation Lakes & Ponds Program, is seeking proposals from qualified firms to provide a range of in-lake and watershed services including but not limited to lake and pond environmental assessment, monitoring, analysis, engineering and design of in-lake structures, aquatic permitting, aquatic plant management and herbicide treatment, watershed erosion management and educational projects in freshwater lake and pond systems.

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

The target maximum number of Contractors is 30 This is a target number; the SST may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

1.5 Adding Contractors after initial Contract award

If, over the life of the Contract, the Strategic Sourcing Team (SST) determines that additional Contractors should be added, the interested Contractors will provide specific information relating to the type of work listed in section 3.2 that they wish to be considered for. Company experience, employee experience, similar work with the Commonwealth.. The contractor will then be graded according to section 3 as to their eligibility.

1.6 Eligible Entities

Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

The Purchasing Department reserves the right to add or remove additional named authorized users during the contract term.

State and Local municipalities.

1.7 Acquisition Method(s)

The acquisition method(s) to acquire services from this Bid Fee for Service.

The expected duration of this contract is as follows:

Contract Duration Number of Options

Number of Years/Months Instructions

Initial Duration 3 years 0 months

Specify Initial Contract Term in Months/Years. The Contract will be executed for this Initial Duration and will run from the Contract Effective/Start Date (execution date) for this Initial Duration. (e.g., “Two Years” or “From the execution date through MM/DD/YYYY”).

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

Revised: March 5, 2024

Renewal Options 1 2 years

0 MONTHS

Identify the number of such options and the duration of the options to renew (e.g. “two options to renew for one year each”)

Total Maximum Contract Duration

5 years 0 months

Initial Number of Years/Months for the Initial Term Plus All Renewal Periods

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

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

Revised: March 5, 2024

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 3/11/2024 by 5 PM

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

3/25/2024 BY 5 PM

Official Answers for Bid Q&A published (Estimated)

3/29/2024

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

4/22/2024 BY 5 PM

Notification of Apparent Successful Bidder(s) (Estimated)

5/15/2024

Estimated Contract Start Date 7/1/2024

Rolling Enrollment Until 6/30/2029

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.

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

Revised: March 5, 2024

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

-See specific Details in 3.2

3.1.1 Company experience

Company must have Massachusetts or New England Lake Management experience depending on their area of expertise that they are bidding on in Section 3.2

3.1.2 References and reference information and/or requirements Provide at least three references of lake management related to the type of work in Section 3.2 that the

Company is bidding on. Section 3.2 A;B;C,D must each have 3 references if the Company wishes to bid on the whole section 3.2. Companies will be considered for individual sections depending on what references /work experience is provided.

3.2 Service Specifications

General Requirements: The intent of this RFR is to pre-qualify a number of firms who can provide a wide range of services including the completion of studies, projects, research and other activities which promote improved management of lake and pond systems in Massachusetts. Contractors must have at least 5 years’ experience and demonstrated technical and project management expertise in Massachusetts or New England in their area(s) of competency. Firms must demonstrate a high level of expertise and a solid track record in providing high quality services in Massachusetts or New England and their watersheds.

Specific Technical Areas: Bidders must indicate if they wish to be considered for the entire list of project types described in A, B, C and/or D of this section, or only for selected types of projects.

Bidders should indicate which technical areas they are bidding on.

A. Natural resource inventory, analysis and implementation of projects related to freshwater systems in Massachusetts

1. Developing and implementing diagnostic and feasibility studies for lakes and their watersheds

2. Developing and implementing comprehensive lake management plans when applicable

3. Carrying out spatial analyses of lake watersheds and key land use characteristics

4. Developing rapid response protocols for various aquatic invasive species

5. Developing and implementing management plans for aquatic invasive and/or nuisance species. This includes the use of biological, mechanical and chemical control methods that are approved for use in Massachusetts.

6. Developing and implementing bacteria assessment and management plans and projects

7. Developing and implementing nutrient assessment and management plans and projects

8. Developing and performing wildlife surveys and analyses related to lake systems.

9. Developing and implementing feasibility studies for lake drawdowns and other lake management techniques.

10. Developing and implementing aquatic plant and algae management and mapping programs

11. Developing and implementing storm water management plans and projects, with an emphasis on green infrastructure and nature based solutions

12. Developing and implementing general/overall water quality assessment and management plans and projects

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

Revised: March 5, 2024

13. Use of eDNA monitoring in the analysis of absence/presence of aquatic organisms.

B.

Environmental Permitting Tasks will include, but not be limited to, providing environmental permitting and related environmental services for various Department properties and projects on an as needed basis. Depending on the specific project, the contractor firm may be responsible for assessing regulatory issues related to, among others: wetlands, septic systems, storm water, water supplies, and invasive species. The contractor will prepare permit applications and supporting documentation to obtain permits and other approvals for projects being undertaken by the Department. The contractor must demonstrate experience and competence in obtaining permits or other approvals from local, state or federal jurisdictions including, but not limited to:

1. Wetlands Protection Acts (e.g., Notice of Intent)

2. Section 401 Water Quality Certificate

3. US Army Corps of Engineers section 404 permit

4. Environmental Notification Form, Environmental Impact Reports and other documentation required by the Massachusetts Environmental Policy Act

5. Massachusetts Natural Heritage and Endangered Species Program

6. Massachusetts Historic Commission

7. National Pollutant Discharge Elimination System

8. Chapter 91

C. Public Outreach and Education Bidders must demonstrate a history of successful experience and innovative approaches to developing, producing and/or distributing educational and training materials related to freshwater lakes and ponds and creating and leading workshops in these areas. The Department’s focus is on citizen volunteer groups, municipal and state officials, visitors to Department facilities and others to convey a variety of lake and watershed concepts and issues. Bidders may include a limited number of examples of past efforts.

D. Aquatic Plant Management the use of physical, mechanical, chemical, or other means to maintain or control either native, non-native, or invasive aquatic plants (submersed, floating, emergent, or wetland/upland) or algae that are causing impairments to the use or functions of a waterbody. Associated aquatic plant management tasks include but are not limited to: permitting and associated compliance, surveys and sampling, mechanical harvesting, hydro-raking, herbicide or algaecide applications, hand-harvesting, diver hand-pulling, diver assisted suction harvesting (DASH), benthic barrier installation/removal, nutrient remediation, aeration.

3.3 License Agreements and Service Agreements

3.4 Compensation Structure/Pricing Over the course of the contract DCR Estimates a total cost of

$7.5+ million. However Master Service Agreement is established, each project will be bid out individually.

3.4.1 Labor rates or project based compensation

<Describe how the Contractor will be compensated for labor>

Unit Rate Compensation and labor categories.

Project Based compensation Standard labor rates Prevailing wage

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

Revised: March 5, 2024

<All or part of the service(s) available under this RFR and resulting contract may require the payment of prevailing wages pursuant to G.L. c. 149, Sections 26 through 27D (construction);

Section 27F (trucks, vehicles and other equipment performing public works functions (non-construction); Section 27G (moving office furniture) and 27H (state cleaning contracts). The awarding authority has a legal obligation to request a prevailing wage schedule from the Department of Labor Standards (DLS) at www.mass.gov/dols and to ensure that annual updates are requested pursuant to G.L. c. 149 s. 27. In addition, bidders and proposers must agree to comply with the Prevailing Wage Law, as administered by the DLS. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website at www.mass.gov/dols or by calling the DLS Prevailing Wage Program at (617) 626-6953.>

Union wages

3.4.2 Sample Configurations/Scenarios for evaluation

BIDDERS RESPONSE FORM

4 OTHER TERMS

4.1 Continued qualification based on performance

4.2 Reporting.

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

4.3 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Commonwealth Contract Manager.

All Contract questions must be directed to the Commonwealth Contract Manager.

Timely response to requests ` Meetings Commonwealth Contract Manager Other Contractors Contractor providing electronic documents for up-to-date transparent pricing of:

Catalogs Contract Cost Tables Web sites specifically designed for this Contract Change notification

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

Contractor account team Single Point of Contact (Contractor Contract Manager) Replacement of Contractor staff Adding commodities and/or services to the Contract Automatically follows the manufacturer’s national/global price list with the same percent discount.

Cost requirements <including requirements for contractors to provide additional discounts> Documentation required Time constraints Environmentally Preferable Products and Services

The department and Contractor(s) may establish a preference for Environmentally Preferable Products (EPPs) and/or negotiate during the Contract term to permit the substitution or http://www.mass.gov/dols http://www.mass.gov/dols

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

Revised: March 5, 2024 addition of EPPs to the Contract when such products are readily available at a competitive cost and satisfy the department’s performance needs.

Report requirements & due dates Supplier Diversity Program (SDP) Spending Report

Identification and approval of subcontractors & joint ventures (see Subcontracting Policies in this RFR and the Commonwealth Terms and Conditions)

Advertising pre-approval Press releases Right to inspect place of business

4.4 Failure to perform contractual obligations as outlined in the Standard Contract Form, Terms and Conditions, and RFR may result in the following; consultation with agency legal counsel is strongly recommended

Termination Suspension Adding additional contractors Cover/Replacement Costs Liquidated Damages

5 AUDIT

During the term of this Agreement and for a period of six years thereafter, 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, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

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

Revised: March 5, 2024

6 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 into negotiations with the Commonwealth to receive a Contract award.

6.1 Mandatory requirements

Bidders on tasks outlined in 3.2 SERVICE SPECIFICATIONS, must include at least three recent examples (within the past 5 years) of work\projects that the company has done within Massachusetts for each subsection that they are bidding on. If bidding on all 4 subsections, then there must be at least 12 examples included in the bid. There can be more. Each subcategory should have its own 3 or more example projects. References for each project must be included. Projects done for the Department of Conservation & Recreation CAN NOT be used as examples.

6.2 Evaluation Components

The following components will be some of the criteria considered by the SST when evaluating each Quote:

6.2.1 Price

Please note that price will carry a significant weight in the evaluation process.

The following price components will be evaluated

Prompt Pay Discounts (PPD)

6.2.2 Company certifications and affiliations

If bidding on Aquatic Plant Management projects for Lakes, vendor MUST comply with all required permitting requirements for Herbicide application with the State of Massachusetts as required by the Department of Environmental Protection.

6.2.3 Company experience

Company experience with similar projects and permitting, engineering, design, etc. within the state of Massachusetts or similar.

6.2.4 Language diversity

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

Revised: March 5, 2024

7 HOW TO SUBMIT A QUOTE

All Bidders may begin creating and compiling Quote materials as soon as the Bid with all attachments is in the Sent document status. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

7.1 Quote Submission Method

Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools 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.

7.2 COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Quotes:

Appendix Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

Training sessions focused on online Quote submission, if offered, are noted in the Estimated Procurement Calendar;

An online job aid on How to Create a Quote

Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through

COMMBUYS.

7.3 COMMBUYS Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov

Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk 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.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

7.4 Bid Opening Date/Time

All Bids must be received by the Operational Services Division before the specified date, month, year and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

7.5 Quote Contents

Bidders must comply with the requirements below.

http://www.commbuys.com/ https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.screencast.com/t/GMJLKkilF12 https://www.screencast.com/t/GMJLKkilF12 https://www.screencast.com/t/GMJLKkilF12 http://www.mass.gov/osd/commbuys

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

Revised: March 5, 2024

7.5.1 RFR Submission Checklist

Strategic Sourcing Services Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist.

7.5.2 Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

7.5.3 Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

7.5.4 File Naming Conventions

Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [ ] some systems apply when files are downloaded from the Internet.

RFR Section or Quote Component

Description Enter in COMMBUYS during upload

File Name Assign when creating files

Section 1 Organizational Chart Company Name Org Chart CompanyName_Org.doc Section 2 Marketing Materials Company Name Marketing Brochure

Company Name Marketing Print Ad Company Name Marketing Postcard

CompanyName_MktBroch.doc CompanyName_MktPrint.doc CompanyName_MktPost.doc

Section 3 Pricing Company Name Pricing CompanyName_Price.xls Section 3.8 SDP Plan Company Name SDP Form 1 CompanyName_SDPform1.doc Section 4 Implementation Plan Company Name Implementation Plan CompanyName_Imp.doc Section 5 Product Catalogs Company Name Footwear Catalog

Company Name Clothing Catalog Part 1 Company Name Clothing Catalog Part 2

CompanyName_FootCat.pdf CompanyName_ClothCat1.pdf CompanyName_ClothCat2.pdf

7.5.5 File Size Limits

The system will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. Note the naming convention used above which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

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

Revised: March 5, 2024

7.5.6 File Format Restrictions

All scanned documents must be in .pdf or .gif format, and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

7.6 Withdrawing a Quote

7.6.1 Prior to Bid Opening Date/Time

Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote.

7.6.2 After Bid Opening Date/Time

No Quote can be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

7.7 Additional Quote Terms

7.7.1 Prohibition regarding contract terms

Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. It is essential for Contracting Departments that all contractors’ Statewide Contracts can be depended upon to incorporate the same terms and only those terms. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

7.7.2 Bidder Response Form

All specifications of this RFR that are not mandatory such as those specifically identified as “optional,” “desirable” or in other terms indicating that the specification is not mandatory must have a response within the Bidder Response Form (or equivalent) provided on COMMBUYS for this Bid in order to be evaluated. Most items within the Bidder Response Form will be scored to determine the apparent successful bidders. The SSST does not want and will not read, consider or evaluate a line by line response to this RFR.

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

Revised: March 5, 2024

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Access to security-sensitive information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the Commonwealth.

Qualified prospective Bidders that are interested in accessing this information for the purpose of preparing a Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

safeguard the information while it is in their possession (consistent with Section 6 of the

Commonwealth Terms and Conditions); and return such records and materials to the Commonwealth upon completion of the project.

8.1.2 Alterations

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

8.1.3 Ownership of Submitted Quotes

The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active.

Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

8.1.4 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST 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 using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

http://www.mass.gov/legis/laws/mgl/gl-66a-toc.htm

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

Revised: March 5, 2024

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

8.2.2 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current.

If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

8.2.3 Contractual Status of Orders and Service Contracts

Orders or service engagements placed under the Contract established as a result of this Bid by Eligible Entities shall be considered separate Contracts between the Eligible Entity and the Contractor, and shall be deemed to incorporate all of the terms and conditions of the Contract.

Nothing contained in any order or service contract shall amend or vary the terms of the Contract.

Additional terms which do not conflict with the Commonwealth’s Terms and Conditions, the Massachusetts Standard Contract Form, this Bid and any amendments, or the Bidder’s Quote, may be included in an order or service contract if mutually agreed upon by the Contractor and eligible entity.

8.2.4 Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

RFR ATTACHMENTS FOR

GOODS/SERVICES CONTRACT

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

Appendix A: Required Specifications for Commodities and Services (07/13/2023) 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 (07/22/2021) (Incorporates by reference the Commonwealth Terms and Conditions)

Appendix C: Standard Contract Form Instructions and Contractor Certifications (08/06/2021)

Appendix D: Commonwealth Terms and Conditions (10/25/2019)

Appendix E: Prompt Payment Discount Form (All bidders must provide even if not offering a prompt payment discount) https://www.macomptroller.org/wp-content/uploads/form_prompt-pay-discount.pdf

Appendix F: Authorization for Electronic Funds Payment (Bidders must provide upon award of contract unless already on file with the Comptroller) 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

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

Revised: March 5, 2024 https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/

Appendix G: Environmentally Preferable Product Information

Appendix H: Supplier Diversity Program (SDP) Plan Form for Bids Required

SDP plans are mandatory for large procurements (over $250,000 in annual value) but are strongly encouraged by OSD for all procurements.] https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-

Appendix I: Contractor Authorized Signatory Listing (Bidder must provide upon award of contract) https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/

Appendix J: Massachusetts Substitute W-9 Form (Bidder must provide upon award of contract unless already on file with the Comptroller) https://www.macomptroller.org/wp-content/uploads/form_w-9.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/wp-content/uploads/form_w-9.pdf

RFR DCR931 / COMMBUYS Bid# BD-24-1020-DCRCU-DC250-99320

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

APPENDIX A

RFR - Required Specifications for Commodities and Services

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.

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 https://www.commbuys.com/bso/bid/bidSummary.sdo?docId=BD-24-1020-DCRCU-DC250-99320&mode=initial http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html

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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) Not Required

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 https://www.commbuys.com/bso/bid/bidSummary.sdo?docId=BD-24-1020-DCRCU-DC250-99320&mode=initial https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 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 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/

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

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) Required

Program Background. Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (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) https://www.commbuys.com/bso/bid/bidSummary.sdo?docId=BD-24-1020-DCRCU-DC250-99320&mode=initial 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 https://www.mass.gov/sdp https://www.mass.gov/supplier-diversity-office

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

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:

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 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 https://www.commbuys.com/bso/bid/bidSummary.sdo?docId=BD-24-1020-DCRCU-DC250-99320&mode=initial 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://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

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

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…