DEP.BWR.RFR.2024.WPP.SES.MSA.4.12.24.pdf

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

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Department of Environmental Protection

BUREAU OF WATER RESOURCES

DIVISION OF WATERSHED MANAGEMENT– WATERSHED PLANNING PROGRAM

8 NEW BOND STREET

WORCESTER, MA 01606

Request for Response (RFR)

Document Title: Specialized Water Quality Field Instrumentation, Equipment and Related Services

Agency Doc ID: DEP-BWR-DWM-RFR-2024-SES-MSA COMMBUYS Bid#: BD-24-1045-BWR00-BWR01-101521

April 9, 2024

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

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

Table of Contents Page i

1 TABLE OF CONTENTS

1 Table of Contents ................................................................................................................................... i 1 RFR Introduction and Description

1.1 Background

1.2 Applicable Procurement Law

1.3 Number of awards

1.4 Adding Contractors after initial Contract award

1.5 Eligible Entities

1.6 Acquisition Method(s)

1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract

1.8 Contract Duration

1.9 Estimated Value of the Contract

2 Estimated Procurement Calendar

2.1 Written questions via the Bid Q&A on COMMBUYS

2.2 Locating Bid Q&A

2.3 Amendment Deadline

3 Specifications

3.1 Bidder Qualifications

3.2 Anticipated Scope of Services

3.2.1 Category 1: Water Quality Instrumentation and Related Supplies and Services

3.2.2 Category 2: Sampling Equipment, Field Gear, Accessories, Supplies and Services

3.3 Performance Specifications

3.3.1 Warranties and guarantees

3.3.2 Operating manuals

3.3.3 Time & Material service and repairs

3.3.4 Right to Suspend or Terminate the Contractor for Performance Problems and/or Violations of Legal Requirements

3.4 Additional Mandatory Terms and Conditions

3.4.1 Standard Commonwealth Forms

3.4.2 Executive Order 515, Establishing an Environmental Purchasing Policy

3.4.3 Environmental Specifications

3.4.4 Litigation and contract defaults

3.5 Compensation Structure/Pricing

4 Other Terms

4.1 Reporting

4.2 Continued Qualification Based Upon Performance

4.4 Compliance with Federal Cross Cutting Authorities

4.5 Use of Logos

4.6 Cybersecurity

5 Audit 6 Evaluation Criteria 7 How To Submit a Quote

7.1 Response Content and General Instructions

7.2 Quote Submission Method

7.3 COMMBUYS Quote Submission Training and Instructions

7.4 COMMBUYS Support

7.5 Bid Opening Date/Time

7.6 Quote Contents

Table of Contents Page ii

7.6.1 Proposal Checklist

7.6.2 Electronic Signatures

7.6.3 Ink Signatures

7.7 Limits and Restrictions

7.7.1 File Naming Conventions

7.7.2 File Size Limits

7.7.3 Documents and items that cannot be submitted electronically

7.8 Withdrawing a Quote

7.8.1 Prior to Bid Opening Date/Time

7.8.2 After Bid Opening Date/Time

7.9 Additional Quote Terms

7.9.1 File Format Restrictions

7.9.2 Prohibition regarding contract terms

8 Appendix 1—Required Terms for all RFRs General Procurement Information

Alterations Ownership of Submitted Quotes Prohibitions

Terms and Requirements Pertaining to Awarded Contracts Commonwealth Tax Exemption Contractor’s Contact Information Publicity 19

9 Appendix 2—RFR-Required Specifications for Commodities and Services 10 Appendix 3—Instructions for Execution and Submission of Commonwealth Standard Forms

Commonwealth Standard Contract Form Commonwealth Terms and Conditions Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) Contractor Authorized Signatory Listing Current Environmentally Preferable Products / Practices Form Prompt Payment Discount Form Disadvantaged Minority/Woman Business Enterprise Statement of Intent EEO/AA Policy Statement Business Reference Form

11 Appendix 4—Affirmative Action and Disadvantaged Business ENterprise (DBE) Requirements 12 Appendix 5—Detailed Instructions for Vendors Responding to Bids 13 Appendix 6—Glossary 14 Appendix 7—Proposal Checklist

DEP-BWR-DWM-RFR-2024-WPP-SES- MSA / COMMBUYS Bid#: BD-24-1045-BWR00-BWR01-101521

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

1 RFR INTRODUCTION AND DESCRIPTION

1.1 Background

Procurement Scope and Description: Overview

MassDEP’s Watershed Planning Program (WPP) is a statewide program responsible for protecting, enhancing, and restoring the quality of rivers, lakes, estuaries, and other waterbodies throughout the Commonwealth. WPP staff work to secure the environmental, recreational, and public health benefits of clean water for all residents of the Commonwealth, including Environmental Justice populations who experience disproportional environmental impacts, in accordance with the federal Clean Water Act (CWA) and associated regulations and guidelines from the U.S. Environmental Protection Agency.

WPP is responsible for the following activities pursuant to the CWA:

Developing and implementing the Massachusetts Surface Water Quality Standards (314 CMR 4.00).

Monitoring the chemical, physical, and biological characteristics of surface waters in the Commonwealth (CWA Sections 303(d), 305(b) and, 314).

Managing and reporting results of surface water quality monitoring data, including data collected under the Water Quality Monitoring Grant program (CWA Sections 303(d), 305(b) and, 314).

Assessing surface water quality conditions and attainment of existing and designated uses as defined in the Massachusetts Surface Water Quality Standards (CWA Section 305(b)).

Protecting high-quality waters and developing plans to restore impaired surface waters through watershed planning (CWA Section 303(d)).

Reducing nonpoint source pollution through the Water Quality Management Planning (CWA, Section 604(b)) and Nonpoint Source Competitive (CWA, Section 319) grant programs.

Due to the unique and specialized nature of its work, WPP requires access to vendors that can provide highly specialized environmental laboratory and water quality monitoring equipment, supplies, and services. Access to these vendors is vital to the success of MassDEP in fulfilling its CWA obligations.

Through this solicitation, MassDEP is seeking to establish a list of pre-qualified firms (referred to as “Contractors”) to provide MassDEP’s WPP with specialized water quality equipment, instrumentation, supplies, and services (e.g., repair, maintenance, and calibration services as needed). Qualified Contractors selected as a result of this solicitation will be placed on a pre-qualified list for the acquisition of specialized water quality monitoring equipment, instrumentation, supplies and services, on the Department’s Master Service Agreement.

Specific services which are required to meet the goals and annual milestones are described in Section 3.2: Anticipated Scope of Services. The products and services required under this solicitation are of a specialized nature and tightly integrated with MassDEP’s implementation of required key provisions of the CWA and MassDEP’s Water Quality Monitoring program.

1.2 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)

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1.3 Number of awards

MassDEP is seeking to pre-qualify multiple Contractors and has not set an upper limit on the number of Contractors.

1.4 Adding Contractors after initial Contract award

In the discretion of the Strategic Sourcing Team (“SST”), qualified Contractors may be added to the Master Service Agreement after initial Contract award. If, over the life of the Contract, the SST determines that additional firms should be added, 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.

1.5 Eligible Entities

Limited User Contract – Restricted to Use by Defined Entities Only.

Any contract resulting from this Bid will be open for use to the Issuing Entity Only. The issuing entity is the Massachusetts Department of Environmental Protection.

1.6 Acquisition Method(s)

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

1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

All term 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 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 leases, rentals, maintenance, or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main contract.

1.8 Contract Duration

The duration of this contract, including any options to renew/extend the contract term, are contingent upon the availability of funding. No agreements for services may be executed after the Contract has expired. The expected duration of this contract is as follows:

Contract Duration Number of Options

Number of Years Instructions*

Initial Duration 5 Effective Start Date (Contract Execution Date) through five years.

Renewal Options 1 2 One option to renew for two years.

Total Maximum Contract Duration

7 With extensions through exercise of one renewal option, for potentially up to seven years.

*Contracts and contract extension are contingent upon availability of grant funding.

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

1.9 Estimated Value of the Contract

The cumulative estimated value of purchase(s) resulting from this Bid (inclusive of the exercise of all options to renew the contract term) is $2,500,000. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

WTO Posting Date Tuesday, April 16, 2024

Bid Release Date Tuesday, April 16, 2024

Deadline for Submission of Questions through COMMBUYS “Bid Q&A” Tuesday, April 30, 2024, at 5 p.m.

Official Answers for Bid Q&A published (Estimated) Tuesday, May 14, 2024

Bid Amendment Deadline / Online Quote submission begins. Bid documents will not be amended after this date.

Tuesday, May 14, 2024

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS) Monday, May 28, 2024, at 5 p.m.

Notification of Apparent Successful Bidder(s) (Estimated) Tuesday, June 4, 2024

Estimated Contract Start Date Monday, June 17, 2024

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 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

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

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 date 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.

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

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.

3.2 Anticipated Scope of Services

After Contract award, those Bidders who have been pre-qualified as a result of this solicitation to be on the Department’s Master Service Agreement list may be contacted during the course of the Contract term to provide a detailed quote that includes specific price quotes for identified tasks in the Department’s Request for Quotes.

The types of services included within this RFR are divided into two (2) general categories based on the programmatic objectives of MassDEP’s Watershed Planning Program. Bidders may

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

submit a RFR response demonstrating capabilities in one or both categories, and Bidders must specify in the response the Category number(s) for which they are seeking a contract award.

The Scope of Services for this RFR includes one or more of the following Categories of services as outlined below.

3.2.1 Category 1: Water Quality Instrumentation and Related Supplies and Services

Bidders who are pre-qualified under this category may be asked to provide quotes for one, some or all of the types of equipment, instrumentation and supplies listed below, along with any related maintenance and repair services for such equipment, based upon the bidders’ capabilities. Bidders should note that all equipment products must be suitable for the collection of discrete and/or continuous (in situ deployment) data in surface waters of the Commonwealth.

Each Bidder shall provide the following information in a narrative format as part of its statement of qualifications:

Evidence of the firm’s capability to provide the following specialized instrumentation equipment for water quality monitoring and related repair/refurbishment services;

Three (3) references regarding the Bidder’s performance/responsiveness (Appendix 3 and https://www.mass.gov/doc/business-reference-form-2/download) in providing equipment and/or services both on a standard basis and on an expedited basis; and

A statement of specific equipment available for each firm, and whether equipment is available on both a rental and purchase basis.

To the extent feasible, Bidders should specify their ability to provide field equipment and related services that incorporate evolving technological advances in water quality sampling and analysis to accommodate MassDEP’s Watershed Planning Program. Bidders must specify their ability to provide any, or all, of the following field equipment items and related accessories for operation including, but not limited to:

a. Multiprobe data sondes (and accessories) with, at a minimum, data logging capabilities and probes for dissolved oxygen, temperature, pH, and specific conductance;

b. Environmental probes useful for water quality monitoring (e.g., nitrates, phycocyanin)

c. Long-term, deployable data loggers for temperature, dissolved oxygen, pH, specific conductance/conductivity, and other parameters as appropriate;

d. Equipment for data telemetry options; and

e. Parts and supplies for maintenance and repair of such equipment as specified above.

3.2.2 Category 2: Sampling Equipment, Field Gear, Accessories, Supplies and Services

Bidders who are pre-qualified under this category may be asked to provide quotes for one (1), some, or all of the types of field gear, accessories and supplies listed below, along with any related maintenance and repair services for such accessories, based upon the bidders’ capabilities. Bidders should note that all products must be suitable for the intended use in surface waters of the Commonwealth.

Each Bidder shall provide the following information in a narrative format as part of its statement of qualifications:

Evidence of the firm’s capability to provide the following specialized sampling equipment, field gear, accessories, supplies and related repair/refurbishment services;

https://www.mass.gov/doc/business-reference-form-2/download

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

Three (3) references regarding the Bidder’s performance/responsiveness (Appendix 3 and https://www.mass.gov/doc/business-reference-form-2/download) in providing equipment and/or services both on a standard basis and on an expedited basis; and A statement of specific gear, accessories and supplies available for each firm, and whether equipment is available on both a rental and purchase basis.

Bidders must specify their ability to provide any, or all, of the following field gear, accessories and supplies items for operation including, but not limited to:

a. Boats, marine accessories, supplies, parts, and repairs (e.g., Jon Boats, electric & gas boat engines, boat trailers, generators, compressors).

b. Equipment for electrofishing, accessories, parts, and repairs (e.g., backpack shockers, shock boats, fish nets, battery packs)

c. Sample collection equipment, gear, and supplies (e.g., Van Dorn or other thief samplers, sampling poles, automated samplers, Secchi disks, etc.).

d. Safety gear, equipment, and accessories (e.g., waders, hip boots, life jackets, safety vests, first aid kits, AEDs).

e. Parts and tools for maintenance and repair of such equipment as specified above.

3.3 Performance Specifications

3.3.1 Warranties and guarantees

When price quotes are requested for specific instrumentation, applicable warranties/guarantees will be disclosed along with the prices. Availability of guarantees of service, service parts, accessories, and supplies when providing price quotes for service, parts, accessories, and supplies the contractor will disclose applicable guarantees along with the prices.

3.3.2 Operating manuals

Contractor will provide operating manuals for equipment purchases.

3.3.3 Time & Material service and repairs

Contractor will provide terms and policies for evaluation of equipment for repair. Pricing on time and materials will be on a quote basis.

3.3.4 Right to Suspend or Terminate the Contractor for Performance Problems and/or Violations of Legal Requirements

MassDEP 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 MassDEP and/or EPA, 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.

3.4 Additional Mandatory Terms and Conditions

3.4.1 Standard Commonwealth Forms

https://www.mass.gov/doc/business-reference-form-2/download

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

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).

3.4.2 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:

https://www.mass.gov/doc/executive-order-515-mass-register-1143/download

3.4.3 Environmental Specifications

Beginning the first year of the Contract and throughout the life of the Contract, awarded Bidders must agree to work with the SST to examine the feasibility of implementing an environmental plan. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Such a plan may include, but not be limited to, the following:

Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

Encouraging environmental initiatives at a corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment; such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

Adopting standards and/or obtain certifications, where applicable, for product development and manufacturing processes such as but not limited to LEED, ISO 14001, Cradle to Cradle (C2C) Protocol, Green Seal, Environmental Choice, and others.

Using alternative fuel vehicles for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles with guidance on anti-idling initiatives.

Working with the SST to develop and distribute information and/or materials to Commonwealth customers on the Awarded Bidder’s environmental practices and initiatives throughout the term of the Contract.

Developing a plan to implement the recycling of materials used or produced in normal business operations.

http://www.mass.gov/epp

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

The SST may award points to Bidders who provide evidence that measures and initiatives such as these are already in place within their operations, and/or for written proposals submitted with their Quote detailing a commitment to action contingent upon receipt of a Contract award. (See the Additional Environmentally Preferable Products / Practices form on COMMBUYS).

3.4.4 Litigation and contract defaults

All firms shall provide information on any prior or pending civil and/or criminal litigation involving the firm and/or the firm’s personnel within the last three (3) years, including but not limited to any breach of contract claims or defaults. This information shall be included as part of the RFR response submission. If firms do not have any prior or pending litigation, the firm shall affirmatively state this fact in the RFR response to this requirement.

NOTE to Bidders: Pursuant to the provisions of Article 9 of the Commonwealth’s Terms and Conditions, any subcontract entered into by the Contractor for the purposes of fulfilling the obligations under a Contract must be in writing, authorized in advance by the Department and shall be consistent with, and subject to, the provisions of the Commonwealth Terms and Conditions and a Contract.

3.5 Compensation Structure/Pricing

This is a fee for service contract. The payment procedure for this project is a fixed fee for services based upon MassDEP’s acceptance of all deliverables from the Contractor during the contractual period. Advance payments shall not be made. Payment is generally made within 45 days subsequent to a Contractor’s submission of a correctly executed invoice with appropriate backup documentation that is acceptable to MassDEP.

As part of the RFR Response, Bidders must submit their time and materials hourly rates for any equipment repair/refurbishment services. Rental and/or purchase of equipment, and related repair/refurbishment services will be negotiated on a per project/per item basis as appropriate during the contract term. After Contract award, MassDEP reserves the right to further negotiate all labor and material rates with the selected Contractors on a project-by-project basis in order to ensure Best Value to the Commonwealth for this Contract.

NOTE TO BIDDERS:

Price Quote Process:

(following establishment of the Master Service Agreement and the Pre-Qualified Contractor List)

At any time after the establishment of the Master Service Agreement, the Department may solicit price quotes for specified equipment and/or services from one (1) or more pre-qualified Contractors.

Depending on Department need and the capabilities of pre-qualified Contractors, selected Contractors from the Master Service Agreement will be contacted, informed of any special considerations or instructions (such as, but not limited to, rental or purchase of equipment), and asked to provide an equipment item(s) and/or related services price quote. All such price quotes must include all costs that will be charged to the Department, including any labor and materials, sub-contractual and direct costs.

The Contractor whose specific price quote offers the best value to the Department will be selected for that specific project. This determination may include consideration of the project or task-specific price quotes regarding the total cost, period of performance for completing the work, the experience of the Contractor, and the Department’s determination of a Contractor’s suitability to provide the necessary equipment and/or perform the services based upon past performance. If none of the specific price quotes received meets the Department’s needs, the Department may reject any and all quotes and may solicit additional quotes in order to determine best value for the Department.

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

4 OTHER TERMS

4.1 Reporting

Contractors are responsible for complying with all other contract reporting requirements including, but not limited to, any federal reporting requirements, as required by this contract. Following Contract award, all questions must be directed to the MassDEP Contract Administrator. 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 MassDEP Contract Administrator. In some cases, additional paperwork will be required to effect the change.

MassDEP’s designated Contract Administrator is as follows:

Shervon De Leon Watershed Planning Program Massachusetts Department of Environmental Protection Bureau of Water Resources - Division of Watershed Management 8 New Bond Street Worcester, MA 01606 Tel: 617-780-1074 shervon.deleon@mass.gov

4.2 Continued Qualification Based Upon Performance

During the Contract term, any Contractor may be removed from the Master Service Agreement if the quality of their performance is unacceptable to the Department, or if the Department determines that maintaining the Contractor on the Master Service Agreement does not provide best value, or is otherwise not in the best interests of the Department. The Department’s determination to remove a Contractor may be based upon a number of considerations, including but not limited to the following:

the consistency and compliance of the Contractor’s responsiveness to the basic Contract specifications, the quality and the cost effectiveness of the Contractor’s equipment items and/or services on one or more selected projects, and the Contractor’s responsiveness to the business needs of the Department.

4.3 Compliance with U.S. EPA General Terms and Conditions:

All Contractors, through submission of a bid to MassDEP, agree to comply with the applicable provisions of the EPA’s General Terms and Conditions in effect at the time of, and during the duration of, any contract award made by MassDEP involving federal funds. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions, and restrictions reflected on the official assistance award document, and passed along by MassDEP. Failure to comply with the applicable provisions of the EPA General Terms and Conditions may result in enforcement actions as outlined in 2 CFR 200.339 and

200.340. Copies of the EPA General Terms and Conditions are available online at:

www.epa.gov/grants/grant-terms-and-conditions#general.

4.4 Compliance with Federal Cross Cutting Authorities.

All Contractors agree to comply, as applicable, with all relevant federal laws, executive orders, and government-wide policies that apply, by their own terms, to projects and activities receiving federal mailto:matthew.reardon@mass.gov http://www.epa.gov/grants/grant-terms-and-conditions#general

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

financial assistance, regardless of the requirements of the federal statute authorizing assistance through a contract. Specifically, all Contractors agree to comply with the following Federal Cross Cutting Authorities: minority business enterprise (MBE)/women's business enterprise (WBE) requirements found at 40 CFR Part 33; nondiscrimination statutes, including Title VI of the Civil Rights Act of 1964, and EPA's implementing regulations found at 40 C.F.R. Parts 5 and 7; OSHA Worker Health & Safety Standards in 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333);

the Anti-Kickback Act (40 USC 276c); and Section 504 of the Rehabilitation Act of 1973, as implemented by Executive Orders 11914 and 11250. All Contractors expressly agree to comply, as applicable, with all other relevant Federal Cross Cutting Authorities including, but not limited to those authorities outlined the EPA document titled, “Information on Requirements that Pass- Through Entities must “Flow Down” to Subrecipients,” Revision Date: March 2023. (Available online at: https://www.epa.gov/sites/default/files/2020- 11/documents/epa_subaward_cross_cutter_requirements.pdf).

4.5 Use of Logos.

All Contractors agree that, if the EPA logo is appearing along with logos from other participating entities on websites, outreach materials, or reports, it must not be prominently displayed to imply that any of the Contractor’s activities are being conducted by the EPA. Instead, Contractor agrees to accompany any EPA logo with a statement indicating that the [Insert Recipient or subrecipient NAME] received financial support from the EPA under an Assistance Agreement with MassDEP.

More information is available at: https://www.epa.gov/stylebook/using-epa-seal-and-logo#policy.

4.6 Cybersecurity.

All Contractors agree to comply with all applicable state laws regarding cybersecurity, when collecting, managing, protecting, and reporting environmental data associated with the approved workplan and/or SOW for the work funded by an award contract. All Contractors expressly agree to comply with Article 6 of the Commonwealth’s Terms and Conditions, as well as the section titled, “Protection of Commonwealth Data, Personal Data and Information” within the Commonwealth’s Standard Contract Form Instructions and Contractor Certifications, incorporated by reference through the execution of the Commonwealth’s Standard Contract Form for this contract award.

Further, all Contractors agree that, as a subrecipient of an EPA funds, the Contractor shall comply with the following condition, outlined in MassDEP’s Cooperative Agreement with the U.S.

Environmental Protection Agency, if the Contractor’s network or information system is connected to EPA networks to transfer data to the Agency, using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange:

“EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition. If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by https://www.epa.gov/sites/default/files/2020-11/documents/epa_subaward_cross_cutter_requirements.pdf https://www.epa.gov/sites/default/files/2020-11/documents/epa_subaward_cross_cutter_requirements.pdf https://www.epa.gov/stylebook/using-epa-seal-and-logo#policy

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

EPA’s regulatory programs for the submission of reporting and/or compliance data.”

5 AUDIT

During the term of this Agreement and for a period of six (6) years thereafter, MassDEP, its auditors, the Operational Services Division (OSD), 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 MassDEP, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6 EVALUATION CRITERIA

The SST will evaluate the Responses using the following general process. Bidders whose RFR Responses meet the overall requirements of the RFR will be selected by the SST for inclusion on the list for the Master Service Agreement.

Step 1 – Initial Screening: RFR Responses received by MassDEP 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. Please note item 14 in Appendix 5.

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 will evaluate each Bidder’s capabilities and experience. The Department 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 - Supplier Diversity Program (SDP) Plan (formerly Affirmative Market Plan): IS NOT REQUIRED FOR THIS PROCUREMENT since this procurement will receive federal funding. See Steps 4 and 5.

Step 4 – Equal Employment Opportunity/Affirmative Action Policy Statement must be submitted by all Bidders with the bid package. See Appendix 5—Detailed Instructions for Vendors Responding to Bids

Step 5 – Disadvantaged Business Enterprise Participation (DBE) The United States Environmental Protection Agency (EPA) DBE rule requires the use of MBEs and WBEs for all federally funded procurements. As such all requirements listed in Appendix 4 must be submitted by the Bidders with the bid package.

Step 6 – Bidder base labor rate price lists (see RFR section 3.5): MassDEP will review and evaluate the Bidders’ base labor rate price list submissions, with fully loaded rates for the key personnel proposed to provide services under this Contract. As indicated above, the Department reserves the right to request and negotiate all prices on a project-by-project basis after Contract Award.

7 HOW TO SUBMIT A QUOTE

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

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). Written proposals shall be limited to a maximum of 20 single-sided pages (NOTE: any cover page, the cost proposal and required forms for submission (such as DBE, PPD, etc.) are not included in the 20-page limit). Note: Bids that exceed the page limit will not be considered.

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.

Bidder’s Statement of Qualifications: The Bidder’s Statement must include all elements specified in RFR Section 3.1, including the Statement of Qualifications Narrative and the Bidders’ Itemized Qualifications Statement.

Litigation and contract defaults Statement: The Bidder’s Statement must include all elements specified in RFR Section 3.4.4.

Narrative Response to Additional Qualification Requirements: The Bidder’s Statement of Qualifications narrative must include all elements specified in RFR Section 3.2.

Bidder’s standard labor rates: as specified in Section 3.5 above.

Commonwealth Forms: Bidders must provide the requested Commonwealth Forms as described in this RFR.

EEO/AA and DBE Forms: as specified in the RFR and attached as Appendix 5—Detailed Instructions for Vendors Responding to Bids, these Forms must be submitted by all Bidders as part of the RFR Response

Proposal Checklist (see RFR Section 7.6.1 and Proposal Checklist )

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 6—

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.

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

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

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 OSDHelpDesk@mass.gov

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 Proposal Checklist

The Strategic Sourcing Services Team seeks to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the Proposal Checklist and all documents referenced in the Checklist (Proposal Checklist ).

7.6.2 Electronic Signatures

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

7.6.3 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 (note: the Commonwealth’s Terms and Conditions are incorporated by reference into the Standard Contract Form)

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-http://www.mass.gov/osd/commbuys mailto:OSDHelpDesk@mass.gov

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

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 (these are 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

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

Company Name Marketing Print Ad Company Name Marketing Postcard

CompanyName_MktBroch.doc CompanyName_MktPrint.doc CompanyName_MktPost.doc

Section 3.8 SDP Plan Company Name SDP Form 1 CompanyName_SDPform1.doc Section 4 Implementation Plan Company Name Implementation Plan CompanyName_Imp.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 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…