DEP.BWR.RFQ.2023.WETO1.PRF77.CATA3.D4.REOPENED.3.28.23.docx

BWR-RFQ-2023-WET01 – REOPENED | MassDEP Wetlands No Net Carbon Loss 2023-03-30 executive office of energy & environmental Affairs

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Request for Quotes (RFQ)

Off of OSD Statewide Contract PRF77 Category A3 - Media Assessments – Ecological/Wetland Assessment (PO-22-1080-OSD03-SRC3-25025) or Category D4 -Permitting and Reporting – Wetlands, Waterways and Resource Areas (PO-22-1080-OSD03-SRC3-25040)

Document Title: No Net Loss of Carbon in Wetlands in Massachusetts

Agency Document Number:

BWR- RFQ-2023-WET01 - REOPENED

MARCH 30, 2023

Massachusetts Department of Environmental Protection Bureau of Water Resources, Wetlands Program

Title: No Net Loss of Carbon in Wetlands in Massachusetts MassDEP Project Manager Lisa Rhodes, Wetlands Program Chief Division of Wetlands and Waterways Massachusetts Department of Environmental Protection 100 Cambridge Street, Suite 900 Boston, MA 02114 Lisa.Rhodes@mass.gov

1.0 RFQ INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts Department of Environmental Protection (MassDEP or the Department) is soliciting proposals through the Request for Quotes (RFQ, also referred to as the Bid in this document) from qualified environmental consulting firms off of OSD’s PRF77 Statewide Contract Category A3 - Media Assessments – Ecological/Wetland Assessment (PO-22-1080-OSD03-SRC3-25025) or D4 -Permitting and Reporting – Wetlands, Waterways and Resource Areas (PO-22-1080-OSD03-SRC3-25040) for the selection of a qualified consultant to provide technical assistance on issues pertaining to climate change, carbon sequestration and wetlands permitting. This procurement is funded through the MassDEP Wetlands Program.

1.2 Background and Purpose

This contract is to assist with the development of approaches to prevent loss of carbon sequestered in wetland resource areas, mitigation options,to offset carbon loss caused by wetland alteration (so the sequestered carbon is not released to the atmosphere in the form of CO2), draft policies and regulations, and an electronic accounting tool to support the goal of no net loss of carbon stored in Massachusetts’ wetlands and related goals as specifically described in this RFQ. The final products to be provided are a written report summarizing the findings and an electronic tracking tool.

No Net Loss of Carbon in Wetlands Alteration of wetland resource areas results in loss of carbon stored in wetland soils. Loss of stored carbon increases both greenhouse gases and atmospheric warming. Increases in atmospheric warming exacerbates climate change. To fulfill the Commonwealth’s policy of net-zero carbon emissions, approaches and mitigation options need to be identified to prevent loss of carbon stored in wetlands and to offset carbon loss through mitigation measures. The Massachusetts Clean Energy and Climate Plan for 2025 and 2030, Chapter 8: Protecting Our Natural and Working Lands, outlines the policy goals described in this scope. Candidates are encouraged to review this document at https://www.mass.gov/info-details/massachusetts-clean-energy-and-climate-plan-for-2025-and-2030.

The services sought to support these goals are described below and broken out further in Section 3.0: Scope of Services. MassDEP will engage a contractor to conduct this work.

· Assign a Project Manager to coordinate tasks, collaborate with MassDEP, schedule work, and maintain project records See Section 4.0 below for further details.

· Identify a Strategy for Innovative Approaches or Concepts to Achieve No Net Loss of Carbon The contractor will develop a Draft strategy to achieve no net loss of carbon in wetlands in MA. Such strategy will include the tasks identified below in Section 3.0, as well as other recommendations for policies or regulations specifically related to promoting wetlands protection and mitigation to offset the loss of carbon storage.

· Evaluate Options and Develop Recommendations that Incentivize Development to Locate Farther from Wetlands The contractor will evaluate approaches to increasing protection of wetlands pursuant to 310 CMR 10.00 and, at minimum, the first 50 feet of the 100-foot wetland buffer zone, by developing recommendations for expedited permitting review (e.g., general permit, minor activity etc.) to incentivize development to locate farther away from wetlands than current practice. The approaches (e.g., general permit or minor activity with wetland deed restriction requirement) must protect areas containing important or critical wildlife habitat or vernal pools. The contractor will investigate Massachusetts municipal wetland bylaws or ordinances that may provide additional protections to wetlands beyond the state law.

· Evaluate Options and Develop Recommendations for an Accounting Tool to Support the Goal of No Net Loss of Carbon for Projects Requiring Wetlands Permits MassDEP plans to develop policy and regulation recommendations to implement an accounting tool to track carbon losses and gains. The contractor will be responsible for developing a methodology to estimate carbon storage in different types of wetlands, before or after alterations; identifying options to offset those carbon losses; evaluating the relative feasibility and fiscal impacts of each offset option; drafting recommendations for policies and regulations that support no net loss through prevention of and mitigation for carbon loss from wetlands; and developing a concept for a pragmatic accounting tool to track carbon loss and offset to demonstrate no net loss of carbon occurs on an annual basis. This effort will include consideration of a minimum 2:1 replacement to loss ratio for wetlands “Variance” projects under 310 CMR 10.05(10).

1.3 This Bid is issued under the following law(s):

· MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00

1.4 Number of Awards

The target number of consultant awards is one--. MassDEP may award additional contracts if it is in the best interests of the Commonwealth to do so.

1.5 Eligible Bidders and Entities

Eligible Bidders for this RFQ are confined to pre-qualified firms deemed eligible to provide environmental consulting services through OSD’s PRF77 Statewide Contract For Categories A3 and D4. Any contract resulting from the Bid will be open to use to the Issuing Entity only, which is MassDEP.

1.6 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this solicitation are Fee for Service.

1.7 Contract Duration

MassDEP anticipates contracting with the successful bidder in April 2023, and all associated work activities must be completed by June 30, 2024. MassDEP reserves the right to re-negotiate the Scope of Work related to any tasks under any subsequent contract. There are no renewal options for this contract.

1.8 Estimated Value of the Contract

The estimated budget for this project is $400,000 ($199,100 for Fiscal Year 2023 and $200,100 for Fiscal Year 2024 and will depend on the estimate for the specific level of services agreed to under section 3.0. However, any project funding for this solicitation is contingent upon appropriation by the Massachusetts legislature.

2.0 ESTIMATED PROCUREMENT SCHEDULE

Notification of Apparent Successful Bidder(s) (Estimated) (posted on COMMBUYS)

May 1, 2023

2.1 Written questions via the Bid Q&A

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

Please note that any questions submitted using any other medium (including those that are sent by mail, fax, 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 Strategic Sourcing Team or SST (formerly referred to as Procurement Management Team or PMT) reserves the right to edit or delete any submitted questions that raise any of these issues and/or that are not in the best interest of the Commonwealth and/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 a current 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 Department, including requests for clarification. The 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 Department to be lost or rejected by any means including email or spam filtering.

2.2 Locating Bid Q&A

The Bid Q&A will be available on COMMBUYS.

2.3 Amendment Deadline

MassDEP reserves the right to make amendments to the Bid after initial publication through the date posted in the Estimated Procurement Calendar. It is each Bidder’s responsibility to check for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The Commonwealth and the Department accept no responsibility for, and will provide no accommodation to, Bidders who submit a Quote based on an out-of-date Bid.

3.0 Specifications

Overview: Services rendered by the contractor [“Contractor”] shall be in accordance with the following Scope of Services. All deliverables shall be completed by June 30, 2024, or as otherwise approved by MassDEP.

All deliverables are to be submitted as electronic files (e.g., Word, PDF, Excel, GIS etc.), and two hard copies upon request. Traditional Contractor formatting and logo should not be included; however, acknowledgement will be included.

All meetings for this project can be performed by web-based video conference or teleconference, including one kick-off call (approximately 1.5 hours), and regular coordination calls (approximately 1.0 hours) to discuss progress, comments on draft deliverables, and identify/discuss next steps. Following each call, the contractor should prepare a brief summary of key discussion points and action items.

3.1 Scope of Work and Deliverables

During the course of this contract, the consultant will be required to perform the following tasks, and submit the following deliverables, for review and approval by MassDEP:

Task 1: Project Management Throughout the course of this project, the Contractor will coordinate tasks, collaborate with MassDEP, schedule work, and maintain project records. If specific meetings are envisioned as part of the workflow, bidders should propose the location, number, and purpose of each meeting as part of their bid response. At a minimum, MassDEP requires a monthly email update on major tasks, progress, challenges, and opportunities. A project kickoff meeting with MassDEP staff will be held within approximately two weeks from execution of the contract and written issuance of a Notice to Proceed. The agenda for the kickoff will include finalization of the scope of work and schedule dependent upon start date. A minimum of two (2) interim project meetings are also required prior to the project end date. All deliverables under Tasks 1 to 4 must be completed by June 30, 2024.

Deliverable and Timeframe:

· Written updates on project work progress (acceptable in an email format), at least every two (2) weeks.

Task 2: Develop recommendations for policies or regulations that implement the protection of wetlands to offset the loss of carbon storage.

The selected contractor will identify innovative recommendations for policies or wetlands regulations specifically related to the promotion of wetlands protection and mitigation to offset the loss of carbon storage. Recommendations may include, but are not limited to, concepts to increase salt marsh acreage, compilation of data on carbon sequestration in eelgrass beds and proposals to better protect them, and other related measures.

Deliverables and Timeframe: Task 2 Draft Report to MassDEP for comment by June 14th, 2023, Final Report and Power Point Summary to MassDEP by September 15th, 2023. The Draft and Final report shall include the following:

· Innovative proposals to better protect wetlands and the carbon stored within them that include background research and supporting data;

· Summary of projects to protect wetlands and offset carbon loss implemented in other states, including related data on success or failure;

· Practical recommendations for implementation of such concepts;

· Graphs, charts, or other graphics to demonstrate each concept; and

· An accompanying Power Point presentation summarizing results.

These timeframes identified above must be met unless MassDEP approves an alternative schedule. Regardless, all work must be completed on or before June 30th, 2024.

Task 3: Evaluate Options and Develop Recommendations to Prevent No Net Loss of Carbon Storage and Incentivize Development to Locate Farther from the Wetlands The contractor will develop a list of options to prevent loss of carbon stored in wetlands. These options may include limiting development that disturb soils in some wetland areas, such as those bordering vegetated wetlands with organic soils, and critical areas/outstanding resource waters such as Zone A of public drinking water supplies. The contractor will also develop a methodology that includes a list of options to offset loss of carbon that occurs when wetlands are altered. These options may include reforestation of currently urbanized upland areas to enhance carbon storage. The Contractor will draft recommendations for potential written policies and regulations to implement the options to prevent and offset loss of carbon, to be submitted to MassDEP for review and comment. This effort will include consideration of a minimum 2:1 replacement to loss ratio for wetlands “Variance” projects under 310 CMR 10.05(10). The contractor will develop preliminary approaches to increase statewide protection of wetlands and, at minimum, the first 50-feet of the 100-foot wetland buffer zone by incentivizing development to locate farther away from the wetlands than current practice through development of approaches for expedited permitting review (e.g., general permit, minor activity with wetland deed restriction etc.). The approaches must protect areas containing important or critical wildlife habitat or vernal pools. As a first step toward this goal, the contractor will investigate Massachusetts municipal wetland bylaws or ordinances that may provide additional protections to wetlands beyond the state law through the following: (1) analyze and synthesize the types of projects that have been developed within wetlands, within 50 ft of wetlands, and within 100 feet of wetlands, and (2) update and analyze the Massachusetts Association of Conservation Commissions (MACC)’s Excel database of municipalities with wetland bylaws. The updated database should be analyzed for the number and geographical distribution of municipalities with different types of no build zones to determine the type and extent of the wetland protections at the local level that exceed the state Wetlands Protection Act protections.

Deliverables and Timeframe: Task 3 Draft Report to MassDEP for comment by December 8th, 2023, Final Report and Power Point Summary to MassDEP by February 9th, 2024. The Draft and Final report shall include the following:

· A list of options to prevent loss of carbon stored in wetlands;

· A list of options to offset loss of carbon that occurs when wetlands are altered;

· A draft proposal for policies and/or regulation changes defined within 310 CMR 10.00 and 314 CMR 9.00;

· Summary of the number and type of projects within wetlands and the 50-ft and 50-100 foot buffer zone;

· Updated spreadsheet of MACC database of wetlands bylaws that includes number and geographic distribution of bylaw standards that go beyond 310 CMR 10.00, including no-build zones and specified setbacks;

· Summarized description, including charts and graphics and recommendations for policies and regulations that locate projects farther from wetlands into the outer 50 feet of the buffer zone; and

· Power Point presentation summarizing results.

These timeframes must be met unless MassDEP approves an alternative schedule. Regardless, all work must be completed on or before June 30th, 2024.

Task 4: Develop Recommendations for a Tracking Tool to Ensure No Net Loss of Carbon for Projects Requiring Wetlands Permits and Final Report The selected contractor will develop an estimate of the amount of carbon stored in wetlands in Massachusetts by wetland types listed in 310 CMR 10.02(1)(a)-(f), and develop a concept for an electronic accounting tracking tool to track carbon losses and offsets in wetland alternation projects, to demonstrate no net loss of carbon. Lastly, the contractor will submit a final written report and Power Point summary to MassDEP for Tasks 1-4.

Deliverables and Timeframe: Draft Report regarding the accounting tracking tool to MassDEP for comment by February 9, 2024, and a Final Report and Power Point Summary summarizing the results previously provided for Tasks 1-4 to MassDEP by May 24, 2024. The Draft Report for the accounting tracking tool will include the following:

· Recommendations for software, if needed, including any source code if applicable

· Mockup of the accounting tool with examples;

· Instructions for entering data into the accounting system;

· Concept for reporting function to allow generation of reports over different time periods, by DEP Region, and by municipality, about amount of carbon stored, carbon lost, and estimates of carbon captured by mitigation offsets; and

· The Contractor will incorporate any comments provided by MassDEP and submit a final written report to MassDEP that summarizes all activities conducted pursuant to Tasks 1-4.

These timeframes must be met unless MassDEP approves an alternative schedule. Regardless, all work must be completed on or before June 30th, 2024 Note that Draft and Final Reports for Tasks 1-4 should be combined as one document.

3.2 Bidder Qualifications

$400As part of the proposal submitted in response to this RFQ (see Section 3.3 below), Bidders must submit documentation that indicates their qualifications and ability to perform this project. Specifically, Bidders must address, in narrative form (three (3) page maximum length) the following Qualification requirements:

· Relevant and demonstrated technical expertise in carbon sequestration in different types of Wetlands Resource Areas, and in loss and gain of carbon based on different activity types;

· Demonstrated experience in publication or research and/or policies and analysis pertaining to the aforementioned subjects in this section;

· Knowledge of information technology software and other tools that are used to manage extensive data;

3.3 Bidders’ RFQ Response; Proposal Content and Format

Bidders shall submit a response to this RFQ in a Proposal format, in accordance with the requirements of this section. In addition to providing a narrative response to the qualification requirements of Section 3.2 above, the Bidder’s Proposal sections for bullet items 1-4, below, shall be limited to six (6) pages total in length (single-spaced, 8-1/2” by 11” sheet with 0.5” margins) and shall include the following sections:

1. Proposals must include a concise problem statement and brief narrative, to explain the objective(s) of the project and describe the activities.

2. Proposals must also include a scope of services with tasks/activities, discrete deliverables, and a milestone schedule that addresses the task/deliverables set forth in section 3.1 above.

3. Proposals must include the Bidder’s proposed project team, including the proposed project manager and key project staff, including resumes that describe specific experience described in Section 3.2.

4. Proposals must include a table of estimated effort in hours, rates, and line-item budget for the various phases of the project.

5. Proposals should include the following information (as applicable) as Attachments, which demonstrates the qualifications and/or project/technical approach and capabilities of the Bidder: maps, reports or links to reports, drawings, designs, photographs, resumes of key staff, and examples of similar projects. When supporting documents that are lengthy or oversized, include the information on multiple uploads to the COMMBUYS system, and include a table of supporting materials with a summary description of the electronic submittals.

6. A contact list, including consultant contacts email and telephone numbers, for MassDEP’s use as references. MassDEP reserves the right to contact any reference provided by any Bidder, and also, in its discretion, to contact any other entities that may have had prior project experience with the Bidder. Bidders should submit no more than three (3) references in response to this requirement.

Compensation will be based solely on the Cost Tables (budget) supplied by the Bidder in the proposal, as negotiated and accepted by MassDEP prior to contract award. Cost Tables must contain all goods and services to be provided through this Contract. Compensation will be based on these Cost Tables. The Cost Tables must include a listing of project employees, wage rates, supplies, printing costs, postage, and mileage.

3.5 Small Business Purchasing Program (SBPP)

Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 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 (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

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

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

1. Been in business for at least one year;

1. 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

1. 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.

4.0 EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with MassDEP to receive a Contract award.

4.1 Mandatory requirements

Section 3 Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. The Department reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

4.2 Evaluation Components

A selection committee will review proposals from responding consultants. Consultant selection will be based upon the following criteria, at a minimum:

1. Quality and responsiveness of the proposal including, completeness, organization, and conciseness.

2. Bidder’s overall qualification and experience.

3. Understanding of the requested services.

4. Description of the key elements and deliverables for each task.

5. Consultant’s experience on prior projects of a similar nature.

6. Technical approach including the logic of the plan, clarity of the proposal, discrete project deliverables and results identified, and realistic Milestone schedule that adheres to the June 30, 2024, project completion deadline.

7. Cost effectiveness of the proposal.

8. Prior success of consultant’s projects.

5.0 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).

5.1 Quote Submission Method

Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

5.2 COMMBUYS Quote Submission Training and Instructions

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

· Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document; can be found on the main page of the COMMBUYS website.

5.3 COMMBUYS Support

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

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

Email: Send inquiries to the 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.

5.4 Bid Opening Date/Time

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

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