DEP.BAW.RFR.EEA.PIL.2019.001.11.2.18~1.docx

THE COMMONWEALTH OF MASSACHUSETTS

Executive Office of Energy and Environmental Affairs

Department of Environmental Protection

One Winter Street, Boston, MA 02108

Request for Response (RFR)

Document Title: Nuclear Decommissioning and Remediation Support Services

COMMBUYS Bid#: BD-19-1045-BAW00-BAW01-32831

Agency Document No.: RFR#: EEA-PIL-2019-001

November 2, 2018

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

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

Table of Contents

1.2 Background Information……………………………………………………………………………4

2.4 Bidders conference …………………………………………………………………………………………. 7

4.1 Reporting……………………………………………………………………………………………………….13

4.2 Security and Confidentiality…………………………………………………………………………………..14

4.3 Contract Management: Designation of a Contract Administrator ………………………………………..14

Access To security-sensitive information……………………………………………………………..20

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

Through this procurement, the Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs (EEA), acting through the Massachusetts Department of Environmental Protection (the Department or MassDEP; collectively, EEA) is seeking the services of a qualified contractor/consulting firm (referred to herein as contractor/consultant or consultant) with expertise in all aspects of Nuclear Power Generation Facility Decommissioning (https://www.nrc.gov/reading-rm/doc-collections/fact-sheets/decommissioning.html) to provide EEA with site assessment, facility demolition, site remediation design, and other environmental support services related to the expedited decommissioning the Pilgrim Nuclear Power Electricity Generation Facility (Pilgrim), which is scheduled to close in June, 2019. In addition, the selected contractor/consulting firm will be required to provide specialized technical services and recommendations to EEA in conjunction with the negotiation and execution of a comprehensive Memorandum of Understanding (MOU) with the current Facility owner that will define the process, obligations, responsibilities and/or restrictions with respect to the decommissioning process, and will be transferable to future Facility owner(s). Selection of a qualified contractor/consultant firm through this procurement will be based upon an evaluation of multiple criteria, including but not limited to each candidate’s professional qualifications, responsiveness to the Scope of Service requirements, and a cost proposal, and also includes any applicable labor rates. A detailed description of the Qualification specifications, scope of services, and cost requirements for the contract is provided below, in RFR Section 3.

Contractors who are awarded a contract as a result of this solicitation will report directly to an EEA designated Project Manager and provide expert consultation, guidance, recommendations and support services to EEA and an interagency working group, known as the Pilgrim Interagency Working Group.

1.2 Background information

Pilgrim is a 680-megawatt nuclear powered, electricity generation facility that went online in 1972. In October 2015, Entergy Corp, the entity that currently owns and operates Pilgrim, announced that it intended to shut down the nuclear power plant by June 2019. In August 2018, Entergy announced that it had agreed to sell the subsidiaries that own Pilgrim to a Holtec International subsidiary for accelerated decommissioning. (https://www.entergynewsroom.com/news/entergy-agrees-post-shutdown-sale-pilgrim-palisades-nuclear-power-plants-holtec-international-decommissioning/) The sale is intended to occur after shutdown and reactor defueling. The sale, which is subject to approval from the US Nuclear Regulatory Commission (NRC), will include transfer of the licenses, spent fuel, and Nuclear Decommissioning Trusts to the intended buyer, Holtec International, Inc.

In July 2018, EEA established an interagency working group (Pilgrim Interagency Working Group) within the Executive Branch to monitor the pre and post shutdown decommissioning process at Pilgrim and to lead and coordinate state agency involvement in any matters pertaining to the Plant’s decommissioning.

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

It is anticipated that EEA will select one qualified contractor/consulting firm under this Contract to provide EEA with site assessment, facility demolition, site remediation design, and other environmental support services, as well as MOU related technical services.

Bidders should note, however, that EEA will not restrict the number of selected candidates to one, if, based on the evaluation of the responsive bidders, quotes submitted or other factors, the determination is made to award more (or fewer) Contracts if it is the best interests of the Commonwealth to do so.

1.5 Adding Contractors after initial Contract award

EEA intends to select and award one Contract only through this solicitation. However, if the Strategic Sourcing Team (SST) for EEA determines, in its discretion, that additional firms should be added over the life of the Contract, these firms may first be drawn from qualified companies which responded to this Solicitation but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional bids.

1.6 Eligible Entities

Any Contract(s) resulting from this Bid will be open for use to the Issuing Entity Only. The issuing entity for this bid is the Executive Office of Energy and Environmental Affairs through the Massachusetts Department of Environmental Protection.

1.7 Acquisition Method(s)

Fee for Service.

1.8 Performance and Payment Beyond the Contract End Date

All agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new agreements for services may be executed after the Contract has expired. Any Contract termination or suspension pursuant to this section shall not automatically terminate any agreement for services already in place unless EEA also terminates said agreements for service, which were executed pursuant to the Contract.

1.9 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Total Maximum Contract Duration

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

1.10 Estimated Value of the Contract

The Commonwealth makes no guarantee that any services will be purchased from a Contract resulting from this Solicitation. Any estimates or past procurement volumes referenced in this Solicitation are included only for the information about past experience with contracts for the Bidders, and are not to be relied upon as any indication of future purchase levels.

2 ESTIMATED PROCUREMENT CALENDAR

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written questions via the Bid Q&A on COMMBUYS

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

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

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

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

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

2.3 Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication through the Bid Amendment deadline set forth in the Estimated Procurement Calendar. 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 SST and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2.4 Physical Bidders’ Conference

The Bidders’ Conference is the physical conference conducted by EEA through the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. The date/time and location of the Bidder’s Conference is presented in the Estimated Procurement Calendar in Section 2. While Bidders may ask questions for response by the SST on an informal basis (all questions must be submitted to the SST in writing during the course of the physical conference), the SST will post all submitted questions and the official answers on the COMMBUYS website in accordance with the requirements of Section 2.1 and within the timeframes set forth in the Estimated Procurement Calendar.

While attendance at the Bidders’ Conference is not a requirement for Bidders, attendance is highly recommended for firms who choose to submit a Quote Package. Please refer to the COMMBUYS website for any updated information.

SECTION 3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

IN GENERAL: All Bidders must submit an RFR Response that includes a description of all services offered. By submitting a response to this RFR, all Bidders acknowledge and affirm that their RFR Response: (1) complies with and will adhere to all required terms and conditions of the RFR, (2) includes a qualified team, and (3) if selected as a result of this solicitation, will ensure that all personnel associated with the required services will remain qualified for these services for the duration of the Contract.

3.1 BIDDER QUALIFICATIONS

Bidder Qualifications are described in this Section, and all Bidders must submit as part of the RFR response all required qualifications that are listed here, and elsewhere in this RFR. Specifically, all Bidders must provide a statement demonstrating that they are qualified to perform the RFR services, and must demonstrate significant expertise and prior experience relative to those RFR services.

In addition, if the Bidder is a Firm/Organization, the Bidder must include the following in the RFR response:

3.1.5 Additional Qualification Requirements: In addition to responding to the general Qualification requirements above, Bidders should specifically address and identify their experience in the following specialized, technical subject areas in their bid responses:

-work performed for NRC as either a government employee, contract employee or under a consultant service contract;

-work performed for a state or local government body with regulatory oversight authority of nuclear power generation facilities or nuclear facilities of any kind;

-work performed at an operating nuclear power electricity generation facility;

-work performed closing and decommissioning a nuclear power facility;

-experience developing, reviewing and commenting on Post Shutdown Decommissioning Action Reports (PSDAR);

-experience developing, reviewing and commenting on nuclear power electricity generation facility license/ownership transfer applications;

-experience working with public stake-holder groups;

-experience providing expert comment and/or testimony related to nuclear facilities;

-experience working with state, county, and local governments on issues related to nuclear power electric generating facility operations or decommissioning; and, -experience negotiating and developing Memoranda of Understanding or similar agreements related to nuclear operations and decommissioning.

3.2 SERVICE SPECIFICATIONS

IN GENERAL: These Service Specifications (i.e., scope of services) for tasks under this Contract are specified in this Section, and will include, but will not be limited to, providing EEA with expert consultation, guidance, recommendations, drafting agreements such as Memoranda of Understanding, and providing additional, related technical support services to EEA regarding all aspects of Nuclear Power Generation Facility Decommissioning, with a particular focus upon an expedited decommissioning process (including, but not limited to pre and post closure site assessment and PSDAR development, review and comment; facility demolition and material reuse; asbestos abatement; and, radiologic and non-radiologic remediation.).

NOTE to BIDDERS: Bidders are required to submit a RFR response that addresses and specifies how the Bidder will provide the services required by the RFR as specified in this section. All services performed by the successful Contractor/consultant for this project must be in full compliance with all applicable federal and state statutory and regulatory requirements. Therefore, to the extent feasible, the Bidder’s RFR response to these Service Specifications should identify and include how the Bidder proposes to comply with these requirements from both a project management and cost effectiveness perspective. In addition, each Bidder’s RFR Response must provide, on a high level, a project management timeline and specific proposed deadlines for the tasks and deliverables that must be completed in order to meet the requirements of these Service Specifications.

3.2.1 Scope of Services (SOS)

SOS General Statement

As noted previously in this RFR, EEA is seeking a qualified consultant(s) to serve as an independent expert in nuclear decommissioning and to perform the following work related to the decommissioning of the Pilgrim Nuclear Power Plant Power Station (Pilgrim) in Plymouth, Massachusetts.

SOS Purpose and Intent

The Intent of this scope of work is to award a one year contract to a qualified consultant to serve as an independent consultant expert and advisor in nuclear decommissioning for the Executive Office of Energy and Environmental Affairs and the Pilgrim interagency working group.

Continuation of work in subsequent years will be at the discretion of EEA with input from the Pilgrim Interagency Working Group and will be subject to appropriation.

SCOPE OF WORK (SOS)

EEA has identified the key tasks associated with the performance of this contract. They are identified and described in the following section.

· Assist in the development of a comprehensive Memorandum of Understanding between the Commonwealth of Massachusetts and Entergy that will be transferrable to any prospective buyer, including Holtec International and SNC-Lavalin, that establishes the relationship and respective activities of the parties, and protections and benefits for Massachusetts.

· Develop a work plan describing the necessary regulatory or other steps the Commonwealth of Massachusetts should take during the decommissioning process, including how to address the economic impacts to the region throughout the decommissioning process.

· Assist agency oversight in ensuring that all Commonwealth of Massachusetts health, safety, and environmental regulations and standards are adhered to during the Pilgrim Station decommissioning process.

· Advise and assist the Commonwealth regarding the proceedings related to Pilgrim at the Nuclear Regulatory Commission, including, but not limited to, providing recommendations on the level of participation in such proceedings and coordination of such efforts with the Massachusetts Attorney General’s Office as appropriate.

· Assist agency oversight in assuring that the Pilgrim Station decommissioning plan is carried out as required by NRC and consistently with any agreements made between the Commonwealth and Pilgrim owner/s charged with decommissioning.

· Review and provide comprehensive feedback on documentation related to the sale of Pilgrim, NRC proceedings, Entergy and Holtec/SNC-Lavalin PSDARs, and other issues. Assist in evaluating the financial ability of any successor entity to Entergy to cover all costs related to the decommissioning process and afterwards, including costs of site restoration, emergency management and long-term spent fuel management.

· Evaluate, assess and review public comments provided in relation to Pilgrim decommissioning, including those generated from the NRC public hearings and Commonwealth related public comments. Provide the Pilgrim Interagency working group with suggestions and recommendations for investigation or action based on review of public input.

· Assist in preparation for, attend, and participate in regular meetings of the interagency workgroup led by EEA. Assist EEA with follow up work from the meetings, such as documenting proceedings, tracking agency actions, planning future activities and other duties as required.

· Other tasks as requested by EEA.

3.2.2 Service Specifications (after contract award)

Contractor Performance, in General: The Contractor is responsible for ensuring that all work activities performed under this Contract, by either the Contractor and/or its subcontractors, are implemented and completed in a highly professional, technically competent, and efficient manner. The Contractor has a specific responsibility to ensure that all work activities performed under the Contract conforms to best practices in management, engineering, technical, and/or scientific practices applicable, as well as to any pertinent Quality Control/Quality Assurance requirements or guidance relevant to the work activities. The Contractor shall provide all materials, labor, equipment, utilities, transportation, and supervision as required.

Contractor’s Responsibility for Providing Staff, including Subcontractor Staff, Who are Qualified for the Planned Work: EEA’s evaluation and selection of the Contractor is based upon the Contractor’s material representations regarding the qualifications and expertise of both the Contractor and any subcontractor(s) designated by the Contractor to perform the various EEA scope of services activities as defined in the RFR. Therefore, during the Contract term, the Contractor is responsible for and shall provide appropriately qualified, educated, experienced and credentialed Contractor and subcontractor staff to perform any work that is assigned by EEA. At all times during the Contract term, the Contractor remains fully responsible for providing both Contractor and subcontractor personnel who are capable, qualified, experienced and appropriately licensed to perform any project activities within the Contractor’s designated scope of services areas of expertise.

Health and Safety: If required to be on-site at the Pilgrim Nuclear Generation Facility, the Contractor shall be solely responsible for ensuring the health and safety of its personnel and the personnel of any Subcontractors working at the site, and of any person within reasonable proximity of the Contractor's activities at the site. The Contractor shall comply with all federal requirements, including but not limited to NRC 10CFR20, NRC 10CFR50, NRC 10CFR75, EPA 40CFR190 and OSHA 1910.120, for all work at sites under the Contract, as well as complying with all other pertinent federal, state and local regulations pertaining to health and safety at these sites. While the Department does not review or approve the Contractor’s health and safety program or site-specific plans as a condition of doing work required for the performance of this Contract, EEA does reserve the right to request, receive and review the Contractor’s health and safety program and site-specific plans at any time during the term of the Contract, and the Contractor shall promptly produce these documents upon EEA’s request. In addition to these general Health and Safety requirements, the Contractor must comply with any applicable requirements of the Nuclear Regulatory Commission in order to acquire unrestricted site access (e.g., Security, fitness for duty, and related requirements). It shall be the Contractor’s obligation to ensure that all personnel, including subcontractor personnel, meet federal requirements as a condition of site access. (NRC 10CFR 73.56: Personnel access authorization requirements for nuclear power plants.)

Right to Suspend or Terminate the Contractor for Performance Problems and/or Violation of Legal Requirements: EEA reserves the right to suspend or terminate a Contractor based upon evidence of performance problems on one or more assigned projects, failure to meet and/or comply with the Contract Requirements, fraud in the submission of invoices or with respect to other dealings with EEA, the Pilgrim Interagency Working Group or the Department, violation of any federal, state, or local laws, regulations or requirements, and/or failure to remain current on all fees/taxes/payments owed to the Commonwealth. This provision shall be interpreted in a manner consistent with the requirements set forth in the Commonwealth’s Terms and Conditions.

Right to Withhold Payment for Unsatisfactory Performance: EEA reserves the right to withhold payment (or partial payment) for unsatisfactory Contractor Work Performance. If EEA determines, in its discretion, that any submission(s) by the Contractor of technical analyses, reports, studies and/or designs, and/or any Contractor work activity performance (whether performed by the Contractor or any subcontractor(s)), has not or will not achieve the requirements of the Contract, EEA reserves the right to: (1) withhold full or partial payment for the work until all issues are resolved to the satisfaction of EEA; or, (2) require the Contractor to immediately correct or remediate any deficient or defective work without additional compensation from EEA. EEA further reserves the right to pursue additional remedies against the Contractor to address any deficient or defective work by the Contractor or its subcontractors and any damages arising out of such work.

3.3 Additional Mandatory Terms & Conditions

3.3.1 Standard Commonwealth Forms

In addition to meeting all the requirements of this RFR, the terms and conditions for this Contract are presented in the “Commonwealth Terms and Conditions” and “Standard Contract Form” as well as other Commonwealth forms that the Bidders must agree to, sign and submit with the responses to this RFR. SEE RFR Section 7 regarding detailed submission requirements for all required Commonwealth forms. Please note that Bidders must also complete, sign, and submit the Commonwealth’s Prompt Payment Discount (PPD) form as part of the RFR Response for this solicitation. For additional information, Bidders should review Appendix 2 (Required Specifications) and Appendix 3 (instructions for execution and submission of Commonwealth Forms).

3.3.2 Data Ownership

EEA’s Ownership of, and Unrestricted Access to and Use of Data and Deliverables: Contractor and EEA agree that EEA holds ownership of and unrestricted access to and use of all data and deliverables developed for projects under this Contract. Related documentation includes all finished or unfinished studies, modeling files (code, input and output files), analyses, flow charts, data files, design documents, program specifications, programs, magnetic tapes, source codings and listings, source and object decks, test data, test results, schedules and planning documents, training materials and user manuals, forms, reports and similar documents, including modifications thereto.

NOTE TO BIDDERS: Reports and documents developed by the bidders under this contract must be produced an accessible format specified by EEA and must be provided to EEA in their original electronic form, free from any restriction on modification, reproduction, publication, or distribution.

3.4 ENVIRONMENTAL SPECIFICATIONS

3.4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

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 considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/procurement-prog-and-serv/epp-procurement-prog/learn-about-epps/.

3.5 COMPENSATION STRUCTURE/PRICING

Compensation will be on a reimbursement basis pursuant to the awarded firm’s Cost Proposal. In a separate RFR submission, all Bidders must present a Cost Proposal to provide the outlined scope of services under this RFR. EEA reserves the right to negotiate all costs with any Bidder/Firm.

The Bidder is required to submit a Cost Proposal that contains the following information.

a. Hourly Rates. Please provide a schedule of hourly rates for each individual identified as a provider of services to EEA under this RFR.

b. Total Bid cost, and cost breakdown by Project Tasks/deliverables: utilizing the Bidder’s high level project management timeline and specific proposed deadlines for the tasks and deliverables (see RFR section 3.2 above), each Bidder’s Cost Proposal should include both a total cost for the Scope of Services, and a breakdown of costs by Task/Deliverables item as set forth in the Project Management timeline.

c. Other Fees/expenses. To the extent feasible, Bidders should list any other reasonable fees/expenses that would be charged under this RFR that are not otherwise included in the Cost Proposal. EEA reserves the right to negotiate these fees/expenses (including, but not limited to, reasonable travel expenses) with the Contractor after contract award.

SECTION 4.0 OTHER TERMS

4.1 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.

4.2 Security and confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

4.3 Contract Management: Designation of a Contract Administrator and Contractor's Program Manager (Point-of Contact):

Contract management (including, but not limited to, negotiation of any project-specific work and cost plans during the contract term) shall be achieved principally through the interaction of the EEA designated Project Manager, who will serve as the Contractor’s primary Point-of-Contact. For specific activities, the Project Manager may designate other EEA, Pilgrim Interagency Working Group or Department members to serve as the Contractor's Point-of-Contact for those tasks. In addition to the Project Manager, the Department will designate a back-up Contract Administrator in the event of the Project Manager is unavailable.

In a similar manner, upon execution of the Contract, the Contractor must designate both a Program Manager/Point-of-Contact and a Deputy Program Manager or Point-of-Contact to exercise the functions of the Program Manager in the event of his or her unavailability. Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories or EFT information must be promptly reported via email to the EEA Contract Administrator. The parties may change their respective contract management designations at any time, provided that each party gives timely notice to the other party via email.

For purposes of management of this Contract, EEA makes the following Project Manager/Primary Pont-of-Contact designation:

EEA Name: Rebecca Ullman EEA Title: Chief of Staff EEA Address: 100 Cambridge St., Suite 900, Boston, MA EEA telephone: 617-626-1104 EEA email: Rebecca.ullman@mass.gov

SECTION 5 AUDIT

During the term of this Agreement and for a period of six years thereafter, EEA, 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 EEA, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

SECTION 6.0 EVALUATION CRITERIA

The SST will evaluate the Responses using the following general process. The Bidder(s) whose RFR Response meets the requirements of the RFR and provide best value to the Commonwealth will be selected by EEA for Contract Award.

Step 1 – Initial Screening: RFR Responses received within the date and time deadlines set forth in the Estimated Procurement Calendar will be screened for compliance with completeness and responsiveness to the requirements provided in this RFR.

Step 2 - Bidder Qualifications: The SST will evaluate the portions of the Bidders’ Response that provide the information on Bidder qualifications and capabilities to provide the services for the Contract. The SST’s evaluation of each Bidder’s capabilities and experience will include contacting client points-of-contact to obtain references. The SST will use its discretion as to how many client points-of-contact are contacted. The SST also reserves the right, in its discretion, to contact and ask about any Bidder’s past performance from any other individual or organization in addition to those clients/projects cited by Bidders in the Response. It is the responsibility of the Bidder to ensure that contact information for previous projects is up to date.

Step 3 – Bidder Scope of Service Narrative, including Project Management Timeline: The SST will evaluate the portions of the Bidders’ Response that addresses the Scope of Service Specifications in RFR section 3.2, with a particular focus upon the Bidders’ proposed Project Management Timeline and specific proposed deadlines for the tasks and deliverables that must be completed in order to meet the requirements of the Service Specifications.

Step 4 - Supplier Diversity Program (SDP) Plan (formerly Affirmative Market Plan): is required for this procurement, and will comprise no less than 10% of the overall evaluation points available for each Bidder’s RFR response.

Step 5 – Bidder Cost Proposal: After completing the review above, the SST will evaluate the Bidders’ separately submitted cost proposal to determine which Bidder, in the aggregate, offers best value to the Commonwealth, and has the qualifications and capability to provide the services specified in the RFR. EEA reserves the right to request and further negotiate all components of the cost proposals with all or some of the Bidders prior to selecting a Bidder for Contract award.

SECTION 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 Response Content and General Instructions

The Response must include the following items in the order presented below. In addition, for RFR Response content, all Bidders must comply with the requirements of RFR Section 3.0.

Cover Letter: Signed by an authorized signatory of the Bidder, affirming that the Bidder, by submitting a response to the RFR, agrees to and will comply with all requirements of this RFR during the Contract term.

Bidder’s Statement of Qualifications: Bidders must respond to all Section 3.1 Qualification requirements.

Bidder Scope of Service Narrative, including Project Management Timeline: Bidders must respond to all Section 3.2 Service Specification requirements.

Bidder Cost Proposal: as specified in RFR Section 3.5, Bidders must submit a separate cost proposal that meets these RFR requirements.

Commonwealth Forms: Bidders must provide the requested Commonwealth Forms as described in this RFR; see also Appendix 3.

SDP Forms: As specified in the RFR; see also Appendix 2.

7.2 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.

7.3 COMMBUYS Quote Submission Training and Instructions

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

· APPENDIX 4—DETAILED INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS;

· 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.

7.4 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 COMMBUYS Helpdesk at COMMBUYS@state.ma.us Telephone: Call the COMMBUYS 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.

7.5 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.

7.6 Quote Contents

Bidders must comply with the requirements below.

7.6.1 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.

7.6.2 Ink Signatures

Original ink signatures are required only after contracts have been awarded. The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

· Standard Contract Form

· Commonwealth Terms and Conditions

· Contractor Authorized Signatory Listing

· Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form)

· Electronic Funds Transfer Sign Up Form

· Prompt Pay Discount Form

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.

7.7 Limits and Restrictions

7.7.1 File Naming Conventions

Files submitted via COMMBUYS must follow the file naming convention specified below (examples). 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

Company Name Marketing Print Ad Company Name Marketing Postcard CompanyName_MktBroch.doc CompanyName_MktPrint.doc CompanyName_MktPost.doc

7.7.2 File Size Limits

The system may 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.

7.7.3 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.

7.7.4 Documents and items that cannot be submitted electronically Documents and items that cannot be submitted electronically, like confidential business references submitted by the reference, or requests for material samples, respectively, must be submitted to the address of the Contract Manager in accordance with all of the Quote submission requirements including Bid Opening Date/Time, Bid Package and Environmental Response Submission Compliance provisions.

7.8 Withdrawing a Quote

7.8.1 Prior to Bid Opening Date/Time

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

7.8.2 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.

7.9 Additional Quote Terms

7.9.1 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.