REQUEST FOR RESPONSE

Loon Capture and Banding RFR Number: DCR 992 / COMMBUYS Bid Number: BD-26-1020-DCRCU-DC250-127431

Loon Capture and Banding

ISSUE DATE: 04/06/2026

1. Description or Purpose of Procurement:

This contract will fund the safe live-capture, handling, leg banding, and collection of tissue samples from Common Loon (Gavia immer) breeding on reservoirs, lakes, and ponds managed by the Massachusetts Department of Conservation and Recreation Division of Water Supply Protection (DCR-DWSP). Primary waterbodies include Quabbin Reservoir, Wachusett Reservoir, and Hycrest Reservoir, but may also include waterbodies that historically have not supported nesting pairs but may do so in the future. These include locations such as Pottapaug Pond, West Waushacum Pond, Sudbury Reservoir, and O’Loughlin Pond, as well as other DWSP-managed waters where breeding loons may occur.

A combination of adult and juvenile loons will be captured, handled, banded, and processed by capable Biologists with extensive Field experience and maintain appropriate state and federal permits with the species for capture, sampling, and banding. Each captured adult loon and large enough juveniles will be measured, banded with a U.S. Geological Survey (USGS) aluminum band and a series of unique plastic color bands, and collection of blood and feather samples to measure concentrations of contaminants and to screen for other potential toxins or contaminants of concern.

The winning bidder will be responsible for providing capture, processing and banding equipment, as well as ensuring that mercury and lead samples are tested. Lastly, the winning bidder must provide an annual report to be received no later than the end of the calendar year.

2. Applicable Procurement Law

Executive Branch Goods and Services

3. Acquisition Method:

4. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

a. Estimated Number of Awards The target maximum number of Contractors is 3; the Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

b. Adding Contractors after initial Contract Award If, over the life of the contract, the Purchasing Department determines that additional Contractors may be added, these may be drawn from qualified companies that responded to this Solicitation and not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

5. Entities Eligible to Use the Resulting Contract

· Dept. of Fish & Game

· Dept. Agricultural Resources

· Dept. of Environmental Protection

6. Expected Duration of Contract (Initial Duration and any Options to Renew):

Initial Duration

3 Years The Contract will be executed for Three (3) Years and will run from the Contract Effective/Start Date (execution date) through 06/01/2029.

Renewal Options

1 Year Two (2) options to renew for one (1) year each.

Total Maximum Contract Duration

5 Years Three (3) Years for the Initial Term Plus two (2) 1-year options to renew.

7. Anticipated Expenditures, Funding, or Compensation:

Estimated Value of Procurement: $15,000/year with the total of $75,000.00 for maximum contract duration.

The funding for any contract resulting from this procurement is conditioned upon receipt of available funds.

8. Contract Performance and Business Specifications:

Scope of Services Common Loons (Gavia immer) are a state listed species of Special Concern in Massachusetts. These birds typically nest on lakes and reservoirs with relatively clear water and suitable nesting locations (typically small islands or peninsulas). Half or more of the state's nesting pairs occur on DCR-Division of Water Supply Protection (DWSP) waterbodies. Because DWSP is responsible for a significant portion of the breeding loons in the state, significant time and effort is expended protecting and managing these birds. Artificial loon rafts are constructed and deployed, individuals are monitored during the nesting season, and certain management activities that could disturb nesting loons are suspended during the nesting season. In order to enhance the Division’s ability to effectively manage this species, an intensive research project was developed and will continue to provide more detailed information about nesting loons and the use of loons as bioindicators of aquatic health on DWSP waterbodies.

Goals/Objectives:

1. Safely capture, leg band, and collect tissues from loons during the breeding period on DCR lakes, ponds, and reservoirs.

2. Collect samples from captured loons to evaluate their overall health and analyze tissues to measure contaminant concentrations (including mercury, PFAS, and potentially other relevant toxins or contaminants).

In most cases, the Contractor will be responsible for:

Working with state employees to live capture, band, and process adult and juvenile Common Loons.

Collect tissues from loons to evaluate their overall health and include drawing blood and taking feather samples for analysis of persistent bioaccumulative toxins such as mercury and PFAS.

Receiving, processing, and analyzing abandoned or unhatched loon eggs to measure mercury or other potential contaminant concentrations.

Archiving excess tissues to be available for future diagnostic analyses.

Provide DCR all field and laboratory information collected from captured birds and analyses.

Provide an annual report containing results of mercury and PFAS testing of blood, feathers and unhatched eggs by the end of the calendar year.

All information produced as a result of this RFR shall be the property of the Department, and cannot be used by the vendor without express written permission of the Department.

The performance of services by the selected vendor shall begin with a written Notice to Proceed from the Department and are expected to be completed within the timeframe specified therein. A vendor’s contract may be terminated at any time if the quality of their work is unacceptable to the Department or if the Department determines that maintaining the vendor on contract is not in the best interest of the Department. Such a determination will be made on the basis of the consistency of the vendor’s work product with the basic specifications, the quality of vendor’s work product above and beyond basic requirements, and the vendors’ responsiveness to the business needs of the Department.

Fiscal Terms: Commonwealth is tax-exempt, and bill are payable in accordance with CTR’s Bill Payment Policy.

9. 2026 FIFA WORLD CUP – BOSTON, MASSACHUSETTS

The 2026 FIFA World Cup will be held at Gillette Stadium in Foxborough, related events, and significant tourist events such as Sail Boston and the 250th Anniversary of the United States will be held throughout the region. Matches and Fan Fest and other possible 250th Celebration activities are scheduled through June, July and August 2026. DCR will be imposing work and/or traffic restrictions as necessary to minimize impacts during these periods when, as determined by DCR, the Contractor’s operations could impact vehicular and/or pedestrian traffic. No additional compensation will be allowed for work restrictions, nor will the Contractor have any claim for related costs, direct or indirect. The Contract time determinations have accounted for potential work restriction during this period and Contractor’s should plan accordingly. Any necessary or emergency work required during this time will require DCR approval.

10. Small Business Purchasing Program This is a small procurement targeted to businesses participating in the Commonwealth’s Small Business Purchasing Program (“SBPP”). The Department intends to evaluate bid responses from and to award a contract to a SBPP-participating business(es) who submit a bid that meets or exceeds the solicitation criteria only. Subcontracting in these types of procurements is limited to no more than 20% of the value of the contract, unless it is with another SBPP registered participant. If determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive bid, the Department will evaluate and award bid responses received from non-SBPP businesses. To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/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 as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

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

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

2. Been in business for at least one year;

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

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

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

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

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

11. 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 Vendor Web 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 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.

12. 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.

13. Evaluation Criteria Contractors must submit responses that meet all the submission requirements of the RFR. All Potential Bidders must be registered with the Massachusetts Department of Revenue (DOR) and meet all the requirements set 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 department. Only responsive proposals that meet the submission requirements will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Only responsive proposals submitted via COMMBUYS will be considered. Additional information may be requested via email for evaluation purposes.

In making this determination, the Commonwealth will consider and score a number of factors to include:

· Technical Approach & Methodology -25%

· Experience & Qualifications – 20%

· Data Collection, Management & Reporting – 15%

· Animal Welfare & Regulatory Compliance – 15%

· Laboratory Analysis Capacity – 10%

· Cost Proposal – 10%

· Equipment & Logistics – 5% The DCR reserves the right to interview some or all respondents prior to making a final award.

14. 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, Contractor 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.

15. Instructions for Submission of Responses:

Only electronic quotes 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 Quote, please see Appendix B.

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.

All Responses must include the documents listed below. Failure to include the information listed below may result in the disqualification of the Response. Comment by Patel, Ashish (DCR): Include these in the Required Documents table.

CompanyName_Cover Letter, CompanyName_Experience Summary, etc. Comment by Raillo, Christy (DCR): Added to table All Bidders:

1. A cover letter which expressly states the Bidder’s ability to meet each of the necessary qualifications listed below including a list of counties/areas within which the Bidder wishes to be considered for projects, with preferences indicated if appropriate.

To prove their qualifications the bidder must provide the following information with their bids:

· A summary of their experience safely operating boat in a variety of field conditions;

· Level of experience capturing and handling common loons;

· Summary of experience and willingness to work in remote areas only accessible by foot, boat, or 4WD, including the willingness to operate over water, (e.g., Quabbin and Wachusett Reservoirs);

· A summary of their experience processing data collected from loons, including a summary of their experience with testing samples for lead and mercury.

· Copies of all needed permits, licenses, and insurance to legally capture and band loons in Massachusetts;

· Demonstrated ability to write clear, concise yearly reports that summarize capture efforts and sample analyses.

· Willingness to meet performance specifications, communicate cooperatively with Department staff, and accept feedback regarding deliverables.

· Contractors must be capable of performing all services for which they are bidding. A Bidder or Contractor may subcontract for categories or specific services/analyses not offered by the bidder, but all relevant information for the subcontractor must be submitted with the bidder’s response. After contract award, prior to project commencement, Contractors must inform Eligible Entities of their intention to engage any subcontractors.

1. A specific schedule of rates/fees for project assignments outlined above. If selected for inclusion on the Qualified Contractors List, this rate/fee schedule will be included as an attachment to the vendor’s executed contract.

1. Resumes of all key personnel that will be involved and a brief description of their roles in the projects.

1. Name and contact information of the project manager who shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between the Bidder and the Department

· References, including the names, phone numbers, and a brief description of the work performed, for 3 clients from the past 12 months

16. Estimated Procurement Calendar

Bid Amendment Deadline / Online Quote Submission Begins. Bid documents will not be amended after this date.

04/17/2026

5:00:00PM, EDT

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

05/01/2026

5:00:00PM, EDT

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

a. Online Questions (Bid Q&A) Written Questions must be entered using 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 to not 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 Purchasing Department, including requests for clarification.

The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” 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.)

b. Bid Amendment Deadline The Purchasing Department reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The Purchasing Department and the Commonwealth accept 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.

c. Quotes (Bid Responses) Deadline (Bid Opening Date/Time) See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

d. 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.

Required Forms Responses to this RFR must contain the following documents:

Assign when creating files

|X|

The above attachments are available as part of the Bid record on COMMBUYS (WWW.COMMBUYS.COM).

17. RFR Attachments Appendix A: Required Specifications for Commodities and Services (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 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.

6. 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.

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.

8. Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products). Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural, or horticultural commodities; the growing and harvesting of forest products; the raising of livestock, including horses; raising of domesticated animals, bees, and/or fur-bearing animals; and any forestry or lumbering operations.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

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.

15. 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.

16. 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.

17. 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.

18. 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 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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 Page 2 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.

Appendix B: Electronic Quote Submission Instructions https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids Appendix C: RFR – Other Specifications

18. 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.

Updated: March 30, 2026 image1.png