DEP.BAW.RFR.SMRF.FY19.BD.BAW01.34496.amend.3.12.19.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: Recyclable Material Receiving and Processing Services for the Western Massachusetts Regional Recycling Program

COMMBUYS Bid#: BD-19-1045-BAW00-BAW01-34496

January 18, 2019

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.

Table of Contents

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

2.4 Bidders conference …………………………………………………………………………………………………………….……. 9

3.4 Environmental Specifications, Executive Order 515………… 13

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

RFR ATTACHMENT 1 – Financial Response Form

RFR ATTACHMENT 2 – Draft Contract

RFR ATTACHMENT 3 – Contract Provisions for Utilizing the Springfield MRF

RFR ATTACHMENT 4 – Draft Designated Community Contract

RFR ATTACHMENT 5 - Springfield MRF Information, Program Tonnage, and Birnie Ave, Site Plan

SECTION 1.0 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description Summary

This Request for Responses (RFR) has been issued by the Commonwealth of Massachusetts - Massachusetts Department of Environmental Protection (MassDEP) to obtain responses from vendors (also referred to as bidders in this RFR) with demonstrated experience and qualifications to receive and process Recyclable Materials from communities in western Massachusetts. MassDEP recommends prospective vendors read this RFR and its accompanying attachments, which includes a draft contract and draft municipal contract, to fully understand the services being requested.

1.2 Background Information

Since 1989, the Commonwealth of Massachusetts (Commonwealth) has participated in the Western Massachusetts Regional Recycling Program (the Program) to promote municipal recycling and provide recyclable material processing services. The Commonwealth initially developed, and continues to own, the Springfield Materials Recovery Facility (MRF) on Birnie Avenue in Springfield. The Commonwealth, through MassDEP, contracts with a private operator to receive, process and market over 40,000 tons of Program Recyclables annually from 74 communities in western Massachusetts that chose to join the Program (which are known as Designated Communities). The Program has been a stable and highly successful example of collaboration between the Designated Communities, the Commonwealth, and the private sector for nearly 30 years. In order to participate in the Program, the Designated Communities entered into three-way contracts with the current operator and the Commonwealth. The existing three-way contracts are scheduled to expire on June 30, 2020. The current operator’s contract also expires on June 30, 2020.

To encourage recycling, Designated Communities have adopted mandatory recycling by-laws or regulations, and continue to invest in public education and awareness. Designated Communities are responsible for collecting and transporting recyclables to designated receiving areas within the City of Springfield. Currently, the private operator receives dual stream (separated) recyclables at the Springfield MRF, while single stream recyclables are received at a facility elsewhere in Springfield, which is both owned and operated by the private company.

The quantity and high quality of the Program’s Recyclables are well documented, based on historical records (See RFR Attachment 5). From January 2018 through September 2018, the current operator received an average of 1,547 tons per month of dual stream recyclables and 1853 tons per month of single stream recyclables. Contamination as a percentage of recyclables is estimated to be 4-6% for dual stream and 8-12% for single stream.

The Commonwealth is now seeking RFR Responses for a Vendor to provide Recyclable Material Processing services for the Designated Communities. Potential vendors should note that utilizing the Springfield MRF for the Program is optional, but not a mandatory requirement. However, the Vendor’s Receiving Facility(s) for Recyclables must be located within the City of Springfield, or within a seven-mile radius of the Springfield MRF and within the Commonwealth.

The Commonwealth’s goal in this solicitation is to enter into a Contract that will yield the greatest financial benefit for the Designated Communities and maximize the recovery and sale of Recovered Materials from the Designated Communities, while meeting performance standards that ensure both high quality and responsive service. The financial terms for the vendor’s services will include the following components: a Single Stream Processing Fee per Ton delivered; a Dual Stream Processing Fee per Ton delivered; and Revenue Share Payments per ton delivered based on Average Market Value (AMV) calculations.

The Contractor will be required to execute a Contract with the MassDEP (see RFR Attachment 2, Draft Contract) which is finalized after negotiations. In addition, the Contractor will be asked to finalize and execute a Designated Community Contract (see RFR Attachment 4, Draft Designated Community Contract) with Designated Communities. Currently, 74 of the 101 communities in Massachusetts’ four western counties participate in the Program and are Designated Communities (see Attachment 5). All 101 communities will be invited to execute a Designated Community Contract with the Contractor. Additional Massachusetts communities may be extended an offer to execute a similar municipal contract upon the mutual agreement of the Contractor and the Commonwealth. The Designated Community Contract establishes the provisions and requirements for the Designated Communities’ participation in the Program and consequences for early withdrawal from the Designated Community Contract.

After Contract award, the Contractor will be responsible for fulfilling the following duties:

· Provide a Receiving Facility(s) for Recyclables located within the City of Springfield or within a seven-mile radius of the Springfield MRF and within the Commonwealth. Additional receiving location(s) can be provided by the Contractor elsewhere but are not required for the Contract;

· Process Single Stream and Dual Stream Program Recyclables at a state-of-the-art Processing Facility(s) and properly dispose of Contamination and Residue. The Receiving and Processing Facility may be the same facility or not;

· Comply with the standards set in the Contract regarding Receiving hours, Load acceptance, and Load rejection;

· Maintain all required records and complete required reporting;

· Attend meetings with the MassDEP Contract Officer and the Springfield Materials Recycling Facility Advisory Board (MAB), an advisory organization made up of Designated Community representatives; and

· The Contractor is encouraged to participate in the MAB’s education and outreach programs.

The Commonwealth, through MassDEP, shall manage the Contract and act as an intermediary between the Designated Communities and the Contractor.

Municipalities interested in becoming a Designated Community will be required to execute the Designated Community Contract by December 19, 2019. Designated Communities and their Designated Haulers, where applicable, will be responsible for collection and delivery of Program Recyclables to the Receiving Facility.

The Springfield MRF is available for use under the Contract. If the Vendor chooses to utilize the Springfield MRF, this facility may be utilized for any combination of Receiving and/or Processing. In the event that the Contractor elects to utilize the Springfield MRF, the Contract will include additional provisions(see RFR Attachment 3, Draft Provisions for Utilizing the Springfield MRF) which will be finalized after negotiations.

Site plans and facility information for the Springfield MRF are provided in RFR Attachment 5. An opportunity for Vendors to inspect the Springfield MRF will be provided at the time of the mandatory Bidders’ Conference meeting. (see RFR section 2; Estimated Procurement Calendar). If a selected vendor chooses not to utilize the Springfield MRF initially, the Commonwealth makes no guarantee that the facility will be available for use at a later date.

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 MassDEP will select one qualified vendor under this Contract to provide the requested services, but MassDEP retains the right to select more than one qualified vendor should that be in the best interest of the Commonwealth and Designated Communities.

1.5 Adding Contractors after Initial Contract Award

MassDEP intends to select and award one Contract only through this solicitation. However, if MassDEP determines, in its discretion, that additional vendors should be added over the life of the Contract, these vendors may first be drawn from qualified vendors 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 solicit additional responses.

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 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 MassDEP 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 vendor will be compensated by participating municipalities (Designated Communities) through Service fees identified in 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. This will be a No Value Contract for the Commonwealth

2.0 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 Strategic Sourcing Team (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 Bidders’ Conference

The Bidders’ Conference is the conference conducted by MassDEP 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, 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.

Attendance or participation in person or via webinar in the Bidders’ Conference is a requirement for Bidders. Please refer to the COMMBUYS website for any updated information. Bidders should note that webinar information will be posted on COMMBUYS in advance of the conference date.

SECTION 3.0 SPECIFICATIONS

Additional required terms appear in the Appendices and Attachments 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

The Vendor shall provide a concise description of its technical and financial qualifications so that the Commonwealth may review the Vendor’s experience and capabilities to provide the services specified in this RFR. This section of the Response shall be no more than 20 numbered pages, except as noted below. At a minimum, Bidders must include the following information in the RFR Response regarding their qualifications:

Organization Provide a comprehensive description of the Vendor’s team, including operating firms, marketing firms, and any other business entities (including, but not limited to, subcontractors to the Vendor) that will be involved either directly or indirectly in the provision of services under the Contract. The description shall include an organizational chart clearly showing the relationships between the parties and the responsibilities of each party.

Qualifications The Vendor shall demonstrate the company’s qualifications and experience to perform the services specified herein. Any subcontractors proposed by the Vendor shall be included in the qualifications section, and Vendors must include all information listed below regarding any subcontractors.

A. Key Personnel Qualifications Vendors shall designate key personnel and demonstrate that they each have at least three (3) years of experience providing the services requested in this RFR. Key personnel include individuals directly responsible for the services provided to the Commonwealth, including the Contract Manager and Facility Manager(s), whether these key personnel are one or more individuals. The Vendor shall provide resumes for the key personnel identified, which includes, at a minimum, the following information (NOTE to Vendors: Key Personnel resumes are not included in the 20 page limit for this section):

1. Name, current position, and location where employed;

2. Current job responsibilities; and

3. Employment history and responsibilities.

B. Processing Experience The Vendor shall provide a detailed description of its experience Receiving and Processing Recyclable Materials and marketing Recovered Materials during the past three (3) years including location, volume of materials processed, and historical commodity information. The Vendor shall also complete and submit a minimum of three (3) references for past projects on the Business Reference Form found in Appendix 3.

C. Financial Capability The Vendor must provide a statement of Vendor’s financial stability, including information related to any current or previous bankruptcy proceedings over the past 10 years. Vendor must include a copy of the firm’s most recent annual financial report/annual audit, 10k, and 10Q, where applicable. Financial reports provided must include, at a minimum, a balance sheet, income statement, and a statement of cash flow. This section of the Response shall have no page limits.

D. Regulatory Non-Compliance History The Vendor shall document all regulatory non-compliance events during the past five (5) years in the United States, including, and not limited to violations of or non-compliance with recycling, solid waste, hazardous waste, or occupational health and safety regulations and standards. This section of the Response shall have no page limits.

E. Contractual Non-Performance History The Vendor shall document its contractual non-performance history related to recycling services during the past five (5) years in the United States by providing a description of all civil actions, losses of service contracts, bid bond claims, performance bond claims, liquidated damages, or administrative charges involving ten thousand dollars ($10,000) or more per contract year against the Vendor. If there are no such non-performance issues, Vendor should state this fact in the RFR Response. Any omissions within this section may be cause for disqualification at the Commonwealth’s discretion.

3.2 TECHNICAL SPECIFICATIONS

Vendor shall clearly and succinctly describe how the Vendor will perform the services requested in this RFR. The technical response shall be no more than 25 numbered pages and, at a minimum, shall include the following information:

Receiving Facility(s) Description Vendor shall provide the following information for the proposed Receiving Facility(s):

A. Ownership and address; If the facility is not owned by the contractor, provide evidence that demonstrates its right to occupy for the duration of the 10 year agreement;

B. Area map, including primary and secondary truck access roads; and C. Site plan, including ingress/egress points, location of truck scales, location of scale operator, and on-site traffic flow for Designated Community and Designated Hauler vehicles.

D. Either a copy of existing permit or, if a new facility, a description of how the facility will meet permitting criteria.

If more than one Receiving Facility is proposed for receiving Program Recyclables, the same information shall be provided for each Facility.

Processing Facility(s) Description Vendor shall provide the following information for the proposed Processing Facility(s):

A. Name and location of the facility, the owner of the facility, and who is responsible for operating the facility and marketing recovered materials.

B. If the facility is not owned by the contractor, provide evidence that demonstrates its right to occupy for the duration of the 10 year agreement.

If more than one Processing Facility is to be used for processing Program Recyclables, the same information shall be provided for each Facility.

Program Recyclables Transfer Description If the Receiving and Processing Facilities are not co-located, the Vendor shall provide:

A. The name of the entity(s) responsible for transferring Program Recyclables;

B. Its relationship to the Vendor; and C. Its experience providing these transfer services and a description of resources (rolling stock, personnel, trucks and trailers) allocated to Program Recyclables transfer.

Operations Plan The Vendor shall provide a proposed Operations Plan for handling Program Recyclables that includes the following information:

A. Management Team: Job descriptions including minimum qualifications and responsibilities for Receiving and Processing Facility(s) key management positions, including but not limited to: Facility Manager(s), Operations Supervisor(s), Maintenance Supervisor(s), and Contract Manager.

B. Operations: The Vendor shall clearly demonstrate that the Receiving and Processing Facility(s) proposed for the Contract has the physical and operational capacity to handle Recyclable Materials from Designated Communities equal to approximately 40,000 tons per year. The Vendor shall provide a narrative description of operations from Receiving Program Recyclables to storage and sale/disposition of Recovered Materials. The Vendor shall describe procedures to ensure compliance with the performance standards of the Contract.

C. Contingency Plan The Vendor shall provide a contingency plan describing how it will respond to planned and unplanned emergencies and shutdowns. The contingency plan shall ensure that Receiving of Recyclable Materials from Designated Communities is not interrupted.

3.3 FINANCIAL RESPONSE

Vendor should review and thoroughly understand how compensation and payment will be determined as provided in the Draft Contract (RFR Attachment 2) and the Draft Designated Community Contract (RFR Attachment 4).

Vendors may submit multiple Financial Response Forms that offer different Processing and Revenue Share options as part of a single compliant standard bid.

Vendors may submit alternative bids as long as a compliant standard bid is also submitted. Any alternative response cannot change the RFR requirements regarding the receiving location, requirement to receive both single stream and dual stream recyclables, the definitions of Recyclable Material, the provisions requiring a processing fee and revenue share, or the provisions of Attachment 3: Contract Provisions for Utilizing the Springfield MRF.

A. Processing Fee: Using the form provided in RFR Attachment 1, the Vendor shall provide the Processing Fee per Ton for Single Stream Materials and the Processing Fee per Ton for Dual Stream Materials to be paid by a Designated Community for each ton of Program Recyclables Received and Processed.

B. Revenue Share Percent: Using the form provided in RFR Attachment 1, the Vendor shall provide the Revenue Share Percent to be paid per ton of Program Recyclables to a Designated Community based on the appropriate AMV (Dual Stream or Single-Stream Delivery).

C. Response Guarantee: All Vendors shall provide, as a mandatory component of the Financial Response, a “Response guarantee,” in the form of a certified check or a cashier’s check made payable without recourse to “The Commonwealth of Massachusetts Mass DEP” for the amount of $20,000. The Vendor’s Response guarantee shall be valid until returned from the Commonwealth. The Commonwealth will return the Response guarantees to all Vendors (including the selected Vendor) no later than 30 days after signing the Contract. The Response guarantee is a guarantee that the selected Vendor will furnish a performance bond and other information that may be requested by the Commonwealth and will enter into good faith negotiations with the Commonwealth for the Contract.

Any RFR response not accompanied by an acceptable Response guarantee may be considered an incomplete RFR response submission and rejected by the Commonwealth.

3.4 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/Agov3/docs/Executive%20Orders/executive_order_515.pdf.

SECTION 4.0 AUDIT

During the term of this Contract and for a period of six years thereafter, MassDEP, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives of the Commonwealth 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 Contract.

SECTION 5.0 EVALUATION CRITERIA

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

To achieve its objectives, the Commonwealth, through MassDEP, is seeking a Vendor with proven experience and qualifications to provide Contracted Services that provide the optimum blend of materials recovery, service quality, reliability, efficiency, and financial benefit to the Designated Communities and the Commonwealth.

The SST will evaluate RFR Responses based on the following criteria:

A. Completeness and responsiveness of the Response;

B. Vendor qualifications and prior processing experience;

C. Processing fees for Dual Stream and Single Stream Program Recyclables;

D. Proposed revenue share percentages for Recovered Materials; and E. Proposed operation and contingency plans

Step 1 – Initial Screening:

RFR Responses received prior to the deadline established in COMMBUYs will be screened for compliance with completeness and responsiveness to the requirements provided in this RFR. The review will determine whether Responses provide the entire content listed in RFR Section 3 and any other mandatory submittals. Responses that fail to meet the RFR requirements, as evidenced by the information submitted, may be disqualified from further consideration at the discretion of the Commonwealth. Responses that meet all requirements will be subject to further evaluation. The SST reserves the right to request supplemental information from Vendors at its discretion.

Step 2 – Technical and Financial Review SST will review the RFR Responses based on the criteria listed in this Section. In addition, SST may conduct independent investigations and interviews, or request minor corrections or clarifications to RFR responses, as it deems necessary, to assist in the evaluation of any RFR Response and to establish the responsibility, qualifications and financial ability of the Vendor to perform the Contracted Services. This evaluation process may include consultation with other MassDEP staff, other governmental bodies, or private parties deemed by the Commonwealth to have particular expertise that is applicable to SST’s evaluation of the RFR responses.

Step 3 – Short List and Interview The SST may select a short list of the highest rated Responses and conduct interviews with selected Vendors.

Step 4 (Optional) – Best and Final Offer (BAFO) After the interview phase, the SST, in its discretion, may request that selected Vendors submit a BAFO that further refines the technical and/or financial aspects of the Vendors’ RFR Responses to achieve best value for the Commonwealth and Designated Communities. This step is optional and at the sole discretion of the Commonwealth.

Step 5 – Preferred Vendor Selection The Commonwealth, through the SST, will select the Vendor(s) whose RFR Response, as determined by the Commonwealth, provides the best overall value to the Designated Communities and the Commonwealth.

SECTION 6 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).

6.1 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 Technical Specifications: Bidders must respond to all Section 3.2 Technical Specification requirements.

Bidder Financial Response: as specified in RFR Section 3.3, Bidders must submit RFR Attachment 1 that meets these requirements. Bidders should note that this RFR requirement includes submission of a “Response guarantee” in the amount of $20,000, which a copy must be submitted electronically on COMMBUYS with the original mailed to MassDEP’s Western Massachusetts Regional Recycling Program Contract Officer 1 Winter Street, 7th Fl, Boston, MA 02108.

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

6.2 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.

6.3 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.

6.4 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.

6.5 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.

6.6 Quote Contents

Bidders must comply with the requirements below.

6.6.1 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.

6.6.2 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

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.

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

6.7.2 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.

6.7.3 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 8 1/2” 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.

6.7.4 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 Officer in accordance with all of the Quote submission requirements including Bid Opening Date/Time, Bid Package and Environmental Response Submission Compliance provisions. The response guarantee in Section 3.3(c) of this RFR in the amount of $20,000 must be mailed to MassDEP’s Western Massachusetts Regional Recycling Program Contract Officer 1 Winter Street, 7th Fl, Boston, MA 02108 and a copy submitted electronically on COMMBUYS.

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

6.8.2 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.

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.

Appendix 1—Required Terms for all RFR General Procurement Information

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.

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.

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.

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 COMMBUYS Helpdesk (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.

Terms and Requirements Pertaining to Awarded Contracts

Commonwealth Tax Exemption

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

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.

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.

Appendix 2—RFR-Required Specifications Revision Date: June 8, 2018

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 may also 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.