DEP.BWR.RFR.PTLSS.2019.12.19.19.docx

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS

department of environmental protection

1 Winter Street, Boston, MA 02108

Request for Response (RFR)

Document Title: PFAS Testing of Drinking Water: Laboratory Support Services

COMMBUYS Bid#: BD-20-1045-BWR00-BWR01-45234

Agency Document Number: BWR-PTLSS-2019

December 19, 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 Page i Revised 12/19/2019 RFR Description and scope of work Procurement Description

Contamination of drinking water by per- and polyfluoroalkyl substances (PFAS) has become a concern nationwide and addressing PFAS is a priority of the Massachusetts Department of Environmental Protection (MassDEP or the Department). The Department is in the process of developing new regulatory standards for these contaminants. In order to determine the presence and extent of PFAS in the state’s drinking water sources, MassDEP intends to perform a statewide drinking water sampling program for PFAS. Public water supply (PWS) sources and selected private wells will be sampled and the samples analyzed by laboratories chosen under this contract.

MassDEP is seeking to procure the services of qualified analytical testing companies to provide per- and polyfluoroalkyl substances (PFAS) testing of drinking water samples [PFAS Testing Laboratory Support Services (PTLSS)]. Incorporated by reference into this RFR are the “Attachment A - Supplemental Terms and Conditions” and “Attachment B – Pricing”. These documents are provided as attachments to the “Bid” on the COMMBUYS posting for this solicitation.

MassDEP intends to prequalify laboratories for performing PFAS analyses through this procurement and enter into direct contracts with those laboratories to provide analytical services to the Department for PFAS testing on an as-needed basis.

It is currently anticipated that an environmental consultant/contractor will be assisting MassDEP with: coordination of the project, the QA/QC of the laboratory reports, and other tasks as needed. Information about the MassDEP Drinking Water Program, the environmental regulations governing the provision of safe drinking water, or other MassDEP programs can be found at: www.mass.gov/dep.

Scope of Work

Work Tasks

MassDEP does not currently certify analytical laboratories for the analysis of PFAS in drinking water. However, it will accept the certification(s) of other recognized accreditation organizations for performing analyses for these compounds using the following three US EPA drinking water methods (referred hereafter as Methods 533, 537 and 537.1) for the analysis of PFAS.

· US Environmental Protection Agency. September 2009. Method 537 rev 1.1. Determination of Selected Perfluorinated Alkyl Acids in Drinking Water by Solid Phase Extraction and Liquid Chromatography/tandem Mass Spectrometry (LC/MS/MS). Ver. 1.1. EPA Document #: EPA/600/R-08/092.

· US Environmental Protection Agency. 2018. Method 537.1. Determination of Selected Per- and Polyfluorinated Alkyl Substances in Drinking Water by Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry (LC/MS/MS). Ver. 1.0. EPA Document #: EPA/600/R-18/352

US Environmental Protection Agency. December 2019. Method 533: Determination of Per- and Polyfluoroalkyl Substances in Drinking Water by Isotope Dilution Anion Exchange Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry

Quality chemical analytical data are a key and critical component of MassDEP's Drinking Water Program, and as such, the data must be of sufficient quality to meet the technical and regulatory objectives of monitoring efforts, including data precision, accuracy, sensitivity, representativeness, completeness, comparability and adequate documentation. MassDEP has several methods to assure that laboratories are capable of meeting or exceeding the quality requirements for many chemicals, including: 1) certifications for the chemical analysis of potable water; and 2) MassDEP review of proposed analytical and QA/QC methods on a case-by-case basis.

After the issuance of contract awards, MassDEP reserves the right to require all pre-qualified PFAS laboratory firms to become certified and/or obtain any other licenses that become available and that MassDEP deems necessary under state and/or federal law or regulation.

For this PTLSS contract, laboratories must:

a. be “Approved” by MassDEP for the analysis of drinking water for PFAS compounds using US EPA Methods 533, 537[footnoteRef:2] and/or 537.1. MassDEP may approve other methods as determined appropriate by the Department in consideration of potentially new or revised US EPA guidance or other information. Note that laboratories not currently “Approved” are eligible to submit Quotes for this contract, with the understanding that they must become “Approved” before any work can be conducted in accordance with this contract. Approval applications are available at https://www.mass.gov/info-details/per-and-polyfluoroalkyl-substances-pfas#laboratories-and-testing-for-pfas-; [2: This method is called Method 537, rev. 1.1 in the EPA document. It will be referred to as Method 537 for the RFR and the duration of the contract in order to prevent confusion with Method 537.1.]

b. for drinking water, be certified under the National Environmental Laboratory Accreditation Program (NELAP) with successful execution of proficiency tests (PTs), where available, for PFAS using MassDEP “Approved” methods, such as the two named US EPA drinking water methods;

c. allow MassDEP or its contractors to perform on-site evaluations to review laboratory personnel, facilities, equipment, sample log-in and tracking, methodologies employed, quality assurance/quality control (QA/QC) procedures used, and data produced by the laboratory; and

d. for drinking water strictly follow the procedures described in US EPA methods 533, 537 and 537.1 and demonstrate that they can achieve a Minimum Reporting Level (MRL) for the methods of 2 ng/L (ppt).

Laboratories must also comply with 310 CMR 42.00, the Department's Certification and Operation of Environmental Analysis Laboratory regulations, where applicable. If, during the course of this contract, MassDEP develops a certification for PFAS, then laboratories must become certified in accordance with the certification regulations in order to continue working under this contract.

MassDEP and/or its designated representative/contractor will provide the PFAS laboratory with the name, location, address and any other necessary details about each sampling entity. A laboratory tasked with analyzing samples from specific sources will ship to the sampling entity sampling instructions, sample containers, reagents, shipping containers, and return prepaid shipping labels from sampling locations to the analytical laboratory. After receipt of the samples back from the sampling location(s), the labs will then perform PFAS analyses and report data back to MassDEP and its consultant/contractor.

The laboratory will follow all steps for performing the analyses for PFAS contained in the MassDEP approved methods for drinking water such as US EPA Methods 533, 537 or 537.1. Labs must also demonstrate that they can achieve a Minimum Reporting Level (MRL) for the methods of 2 ng/L (ppt).

Labs must report results for target analytes for MassDEP health risk evaluation purposes (see Table 1 below). MassDEP reserves the right to expand this list of target analytes in the future.

Laboratories must also report all other contaminants identified for the method used. In addition to the laboratory’s own report, they must report the results on a MassDEP “Per- and Polyfluoroalkyl Substances (PFAS) Report” form or other analytical report form specified by the Department. For drinking water, see DWP “Per- and Polyfluoroalkyl Substances (PFAS) Report” form at: https://www.mass.gov/doc/per-and-polyfluoroalkyl-substances-pfas-report/download

Table 1. Target PFAS Analytes for Drinking Water Analyses

The laboratory will receive samples from sampling locations, log them into their laboratory information management system and perform PFAS analyses using whichever of two US EPA methods they have been approved for by MassDEP on the basis of their supporting third party certifications.

Failure to use the method(s) that the laboratory has been approved for will result in rejection of the data by MassDEP, with resampling and/or analysis using the approved method performed at the contract lab’s cost. See also Attachment A – Supplemental Terms and Conditions, regarding all PFAS contractors’ ongoing performance requirements in connection with the provision of PFAS sampling and analytical services.

All laboratory reports shall include, at a minimum, the following components set forth in Table 2 below.

Table 2. Requirements for Laboratory Report Contents

Analytical Results

· Sample results with units

· Reporting limits for each analyte

· Analytical method number

· Sampling, Extraction and Analysis dates

Complete Chain-of-custody Form

· Samples properly preserved

· Laboratory Fortified Sample Matrix (LFSM) and LFSMD Duplicate recoveries and RPDs

· Identification of required surrogates from the methods and recoveries

· Laboratory duplicate results and RPDs

· Internal standard results

· Continuing Calibration Checks (CCC) recoveries

· Field reagent blank (FRB) analyzed only under conditions noted in methods

* The case narrative must provide sufficient information to allow the data user to properly interpret the data. The narrative may include issues associated with sample specific or method-specific performance and/or QA/QC requirements. The scope of the narrative is to include all relevant information so that MassDEP and/or its contractor(s) will be able to make informed decisions based on the data reported.

Laboratories must perform QC checks prescribed in the approved method (e.g., US EPA Method 537.1) that they are using. If any of these checks is unacceptable as judged by the criteria provided in Tables 12 and 13 of either report, then the lab must follow the specified and appropriate instructions for actions to be taken when the QC parameter does not meet acceptance criteria. In those cases where the data are judged to be suspect or unacceptable, the laboratory shall take steps recommended in EPA’s methods to rectify the issue or else re-analyze the sample at their own expense.

The laboratory shall also make raw data (i.e. chromatograms, spectra, etc.) and initial demonstrations of proficiency available upon request by MassDEP or its contractor. Laboratory data and the QA/QC supporting documentation must be archived and retrievable for the period required for the retention and inspection of records as described in Section 7 of the Commonwealth’s Terms and Conditions, dated on or after October 25, 2019.

Deliverables

In addition to the laboratory’s own report, the laboratory must report the testing results on a DWP “Per- and Polyfluoroalkyl Substances (PFAS) Report” form or other analytical report form specified by the DWP. See DWP “Per- and Polyfluoroalkyl Substances (PFAS) Report” form at: https://www.mass.gov/doc/per-and-polyfluoroalkyl-substances-pfas-report/download

The PFAS testing results and laboratory reports shall be uploaded electronically by the laboratory into the Department’s eDEP reporting system https://www.mass.gov/info-details/water-quality-monitoring-reports-frequently-asked-questions Copies shall also be emailed to a designated person(s) as identified by MassDEP.

MassDEP is in the process of updating the eDEP reporting system to accept PFAS testing results and laboratory reports. If this has not yet been completed by the time that testing begins, the laboratory shall complete and sign the MassDEP “Per- and Polyfluoroalkyl Substances (PFAS) Report” form and attach it to their full laboratory report and email copies to the designated person(s) as identified by MassDEP.

If MassDEP promulgates a regulation establishing a Maximum Contaminant Level (MCL) for PFAS, the laboratory shall also mail a wet-ink hardcopy of the DWP “Per- and Polyfluoroalkyl Substances (PFAS) Report” form and laboratory reports to the MassDEP Regional Office.

During the term of this contract, MassDEP reserves the right to alter, revise, and/or expand this RFR’s scope of work for PFAS sampling and/or analytical services as required due to new, revised and/or expanded federal and/or state laws, regulations or other legal requirements. In the event that MassDEP revises the PFAS scope of work under this contract to address and comply with these evolving federal and/or state legal requirements, MassDEP will negotiate appropriate revised rates for PFAS sampling and analytical services with the PFAS contractors that are pre-qualified through this contract.

Laboratories will invoice MassDEP monthly for analytical services provided at rates specified and personnel specified as required in Attachment A.

Applicable Procurement Law This Bid is issued under the following law:

· MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

Number of Awards MassDEP will select multiple laboratories under this Contract to establish a master list of qualified Analytical Laboratories for use by MassDEP for the purposes stated in RFR Section 1.1 above. MassDEP’s selection of contractors for the master list is not a guarantee that an engagement for any laboratory task order assignment will result to any pre-qualified contractor during the term of this contract.

Adding Laboratories after Initial Contract Award If, over the life of the Contract, the Strategic Sourcing Team (SST) determines that additional Laboratories 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.

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

Acquisition Method(s) Fee for Service.

Performance and Payment Time Frames Which Continue Beyond Duration of the Contract 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 agreement for services already in place unless the Department also terminates said agreements for service, which were executed pursuant to the contract.

Contract Duration The initial term of this Contract is two (2) years. Contingent upon the availability of funding, this Contract also has two (2) options to renew of up to two (2) years each, for a maximum contract term of six (6) years.

Estimated Value of the Contract The Commonwealth makes no guarantee that any services will be purchased from any Contract resulting from this Solicitation. The program objective is to sample approximately 2500 drinking water supply sources.

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.

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

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

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

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

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

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.

Procurement Contact Information The MassDEP contact for this PTLSS RFR and the resulting PTLSS Contract Administrator once contracts are awarded is:

Yvette DePeiza MassDEP One Winter Street, Boston, MA 02108 program.director-dwp@mass.gov

Specifications Additional required terms appear in the Appendices to this RFR.

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

Anticipated Scope of Services See Section 1.2 for the Scope of Work. After Contract award, those Bidders who have been pre-qualified as a result of this solicitation may be contacted by MassDEP or its designated contractor/representative during the course of the Contract term to provide analytical services on an as-needed basis.

Bidder Qualifications

All Bidders must submit the following information regarding their PTLSS qualifications:

3.2.1 Bidder’s BUSINESS PROFILE: must include the following information (as applicable):

● Name, Address, and Email information of Bidder;

● Date, location and type of incorporation;

● Other names under which the Bidder does business;

● Name of Bidder's point-of-contact and e-mail address for this RFR;

● Whether the firm is certified as an M/WBE, or SDVOBE by the State Supplier Diversity Office

3.2.2 Bidder’s CAPABILITY TO MANAGE AND PERFORM SERVICE(S): must include the following information (as applicable):

● Organization chart for the laboratory showing the laboratory's structure and personnel, in the various positions; and

● Listing of all laboratory equipment pertinent to supporting the laboratory's capabilities to conduct PFAS testing. Equipment descriptions should be included for equipment items that are non-standard, off-specification, or otherwise may not be typically known to other routine analytical laboratories; and

● Monthly lab capacity (# of samples) to process PFAS samples according to the terms of this RFR for standard turnaround times. See also Attachment B, Pricing and Capacity, and RFR section 3.3 below.

NOTE: If the Laboratory’s Quality Management Plan contains the laboratory’s organization chart that meets the required information cited above, then laboratory bidders can elect not to duplicate the organization chart in this section.

3.2.3 LABORATORY'S EXPERIENCE IN ANALYSES FOR DRINKING WATER SYSTEMS: Bidders must include the following information:

Laboratories shall submit a brief narrative describing at least three (3) past analytical projects pertinent to the PTLSS Scope of Services described in Section 1, Procurement Scope and Description, and elsewhere in this RFR, including but not limited to this Section 3.0. Refer to Section 1.1, Procurement Description for a general description of the project and Section 1.2 for the Scope of Work.

The narrative shall be in portrait format, and be no longer than four pages (two double-sided pages). No other format requirements are specified; however, past project narratives shall be clear and easily legible.

3.2.4 REFERENCES : Bidders must provide the following information:

Utilizing the MA Operational Services Division (OSD) standard Business Reference Form available through COMMBUYS, Bidders must provide all requested information on this form for three (3) references for the SST to contact with respect to past projects pertinent to the services described through this solicitation. In completing this form, Bidders should note that the “Bidder” is the name of the company submitting a Quote in response to this RFR and the “RFR Name/Title” and the “Agency Document Number” can be found on the cover of the RFR document and in the Short Description field in the Header Information of the Bid record in COMMBUYS. Also, please note that: “Reference Name” is the name of the organization (if not applicable, then name of the individual) that is providing the reference; “Contact” is the name of the individual inside the organization that will provide the reference; and the “Address,” “Phone #” and “Fax/Internet Address” are those of the “Contact” so that the SST may be able to reach them.

3.2.5 LABORATORY QUALIFICATIONS

Bidders shall provide the following documentation regarding Laboratory Qualifications:

1. Copies of any current Massachusetts laboratory certifications/permits; and

2. A letter-statement, signed by a person authorized to sign on behalf of the Laboratory firm, that certifies that the laboratory will comply with the provisions in the RFR Work Tasks as described in Section 1.2 Scope of Work, and with all other provisions of this RFR, and that further certifies that the laboratory is “Approved” by MassDEP for performing the US EPA Methods 533, 537 and 537.1 for PFAS. Note that laboratories not currently “Approved” are eligible to submit Quotes for this contract, with the understanding that they must become “Approved” before any work can be conducted in accordance with this contract. Other conditions for the Letter-Statement are that:

a. A copy of certification under the NELAP program will be provided with successful analyses of proficiency tests (PTs), where available, for PFAS in drinking water using the two named US EPA Methods;

b. The laboratory contractor will allow the Department or Department contractors to perform on-site evaluations to review laboratory personnel, facilities, equipment, sample log-in and tracking, methodologies employed, quality assurance/quality control procedures used, and data produced by the laboratory; and

3. A copy of the Laboratory's Quality Management Plan, or equivalent document(s), will be provided with the RFR response.

3.2.6 STANDARD COMMONWEALTH FORMS

In addition to meeting all the requirements of this RFR, the terms and conditions for this Contract are presented in the “Commonwealth Terms and Conditions” and “Standard Contract Form” as well as other Commonwealth forms that the Bidders must agree to, sign and submit with the responses to this RFR. 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).

3.2.7 SUPPLIER DIVERSITY PLAN

All Bidders must submit Supplier Diversity Plan (SDP) Form 1 as part of their Response to this RFR. The instructions and forms for preparing the Supplier Diversity Plan are provided in RFR Appendix 2 and RFR Appendix 3. Bidders should note that SDP will comprise no less than 10% of the overall evaluation points available for each bidder’s RFR response.

Compensation Structure/Pricing Contractors will be compensated pursuant to the attached Pricing and Capacity document submitted by bidders (as Attachment B), and as negotiated and accepted by the Department. Bidders should note that pricing costs for services quoted on Attachment B must be all-inclusive (exclusive of shipping), and include the following: sampling kits, including sample bottles, reagents, and per sample analysis costs to include full QC data. All pricing costs for shipping must include the cost to: 1) send a sampling kit to a Public Water Supplier or a private well owner; and 2) provide overnight shipping of samples back to the lab. Price should be per cooler shipped. Shipping cost must include a pre-paid shipping container and return label to/from sampling location.

After Contract award, MassDEP reserves the right to further negotiate all pricing with PTLSS contractors on a project-by-project basis for the duration of the contract.

Environmental Specifications 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, http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/procurement-prog-and-serv/epp-procurement-prog/. The Order can be seen at http://www.mass.gov/governor/docs/executive-orders/executive-order-515.pdf

Environmental Plan 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.

· Using green practices and/or chemicals that may include for example: a) steam cleaning or using phosphate free detergents or biodegradable cleaning products instead of organic solvents or acids to decontaminate sampling equipment, and b) selection of oxidants/reagents with a lower environmental burden.

· 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).

Other Required Terms for this RFR

4.1 ATTACHMENT A - SUPPLEMENTAL TERMS AND CONDITIONS: Please see Attachment A - Supplemental Terms and Conditions which are incorporated by reference into this RFR. These Supplemental Conditions are located as an attachment to the RFR on the COMMBUYS posting.

0. Continued Qualification Based on Performance Laboratories under this PTLSS contract may be subject to performance evaluations in the form of data and quality assurance and quality control reviews; PT analyses; and on-site reviews of laboratory equipment, personnel and records. The completed evaluations will be placed in the project file and a copy submitted to the PTLSS Contract Manager in Boston. Information provided in this evaluation may be used to support findings of poor performance by a laboratory. Based on these findings, MassDEP reserves the right to impose payment adjustments, suspend eligibility for future projects, or terminate a contract in the event of a laboratory’s ongoing non-performance or sub-standard performance of Contract requirements.

Reporting Laboratories are responsible for compliance with all other contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

NOTE TO BIDDERS: All Mass.Gov Web content is subject to the Commonwealth’s Web Accessibility Standards which are available from https://www.mass.gov/it-accessibility. Therefore, all reports and documents developed by the bidders under this contract must be produced in an accessible format specified by the Department and must be provided to the Department in their original electronic form, free from any restriction on modification, reproduction, publication, or distribution. Guidance on creating accessible digital products may be found at https://www.section508.gov/create.

4.4 Data Ownership

MassDEP’s Ownership of, and Unrestricted Access to and Use of Data and Deliverables: Contractor and MassDEP agree that MassDEP holds ownership of and unrestricted access to and use of all data and deliverables developed for projects under this Contract.

Audit During the term of this Agreement and for a period of seven years thereafter, MassDEP, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged MassDEP, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

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 PTLSS contract.

Initial Screening A screening of all proposals will be conducted by MassDEP to determine administrative completeness and responsiveness. Responses that pass the administrative screening will be evaluated, scored and ranked for final recommendation and selection. Responses that are determined to be incomplete or nonresponsive may be disqualified.

Bidder Qualifications: Technical and Management Experience and Capabilities The SST will evaluate the qualifications and capabilities of each bidder to perform the required scope of services activities under the contract. This evaluation will emphasize qualifications and capabilities in order to respond to MassDEP’s requirements. Mandatory evaluation criteria include: bidders’ completed submission of all information and documentation required in Section 3 - Specifications of this RFR; receipt of all reference forms and Commonwealth required forms; and evidence that the laboratory bidders and individual personnel meet professional qualifications and certification requirements, as applicable. This step may include verification of credentials and stated experience, inspection of facilities or other resources of the bidder and its subcontractors, and verification of compliance with pertinent professional standards and licensing requirements. The Department may contact individuals other than those listed on reference forms for documentation of any information.

Price Evaluation Pricing schedules (provided by Laboratory as Attachment B) will be evaluated separately and cost will be heavily weighted in the overall scoring and ranking. MassDEP reserves the right to negotiate and to request best and final offers.

Supplier Diversity Plan (formerly Affirmative Market Plan) (minimum of 10% weight) Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in RFR Appendix 2. Staff from MassDEP’s Contract Compliance Office will review and score all proposals for compliance with Affirmative Action/Equal Employment Opportunity and Supplier Diversity Program requirements.

Recommendation and Contractor Selection Each response will be ranked for overall quality in accordance with procedures established by the Department. The SST will review the rankings and evaluations and make recommendations for master list selection.

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).

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 mandatory requirements of this RFR during the Contract term.

Bidder’s Statement of Qualifications: The Bidder’s Statement must include all elements specified in RFR Section 3, including but not limited to a complete narrative statement, three (3) references, resumes of key personnel, and a specific description of the firm’s experience in performing the Scope of Services identified in this RFR is Section 1.1 and in Section 3.

Bidder’s Pricing and Capacity Form: as specified in Section 3.3 above.

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

Supplier Diversity Plan Forms: As specified in the RFR; see also Appendix 2.

Quote Submission Method All Bidders’ Quotes must be submitted to the Department via two different methods by the RFR Response deadline (see Estimated Procurement Calendar):

1. One completed copy uploaded as a PDF file to the COMMBUYS website for this solicitation (Official copy), and

2. Seven (7) hard copies submitted to the Department’s Boston office.

Hard copies must be submitted in a sealed envelope and include two (2) original signed copies (with original signatures on Commonwealth Forms) and five (5) duplicate copies to the following address in accordance with all of the Quote submission requirements including Bid Opening Date/Time, Bid Package and Environmental Response Submission Compliance provisions (refer to Section 9 – Appendix 2 – RFR – Required Specifications).

Yvette DePeiza, Director Drinking Water Program MassDEP One Winter Street, 5th Floor Boston, MA 02108

NOTE TO ALL BIDDERS: The Quote uploaded to the COMMBUYS website must have exactly the same content as the hard copies of the Quote that is sent to the Department. MassDEP will verify that the hardcopy quote matches the electronic copy. In instances where differences are noted, the electronic copy will be considered valid.

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.

As you review the details of the bid in the RFR document, please take note of the assigned Bid Opening Date/Time and be mindful that buyers can only consider bid responses that are complete and have been submitted in COMMBUYS by the specified Bid Opening Date/Time.

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 Electronically through COMMBUYS, which is part of this RFR;

· An online job aid on How to Create a Quote; and;

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

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.

Bid Opening Date/Time All Bids must be received by the OSD 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.

Quote Contents Bidders must comply with the requirements below.

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.

Ink Signatures

Typically, original ink signatures are required on the Commonwealth forms only after contracts have been awarded. However, for this solicitation, in order to achieve an expeditious contract award process, MassDEP requires Bidders to submit original ink-signature versions of the following forms with the two (2) hard copy originals of the RFR response:

Standard Contract Form (10/25/2019 version);

Commonwealth Terms and Conditions (10/25/2019 version);

Contractor Authorized Signatory Listing;

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

Electronic Funds Transfer Sign Up Form; and Prompt Payment Discount Form.

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.

NOTE TO ALL BIDDERS: ON OCTOBER 25, 2019, THE COMMONWEALTH ISSUED A REVISED STANDARD CONTRACT FORM AND REVISED COMMONWEALTH TERMS AND CONDITIONS FOR USE BY ALL EXECUTIVE AGENCIES. THEREFORE, ALL BIDDERS WILL BE REQUIRED TO SIGN THE UPDATED STANDARD CONTRACT FORM AND COMMONWEALTH TERMS AND CONDITIONS, DATED ON OR AFTER OCTOBER 25, 2019, AND SUBMIT THESE UPDATED FORMS AS PART OF THE RFR RESPONSE PACKAGE.

Limits and Restrictions File Naming Conventions Files submitted via COMMBUYS must follow the file naming convention specified below (added as 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

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.

File Format Restrictions All scanned documents must be in .pdf or .gif format, and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

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 Procurement/Contract Manager referenced in RFR Section 7.2…