DEP.BWSC.RFR.2024.ERIRASS.FINAL.6.6.24.pdf

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

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL

AFFAIRS

DEPARTMENT OF ENVIRONMENTAL PROTECTION

100 CAMBRIDGE STREET, BOSTON, MA 02114

Request for Response (RFR)

Document Title: Emergency Response/Immediate Response Action Support Services (ER/IRASS)

COMMBUYS Bid#: BD-24-1045-BWSC0-BWSC1-103678

DEP-BWSC-RFR-2025-ER/IRASS-MSA

June 6, 2024

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.

http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

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1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

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 Virtual Bidders’ Conference

2.4 Procurement Contact Information

3 SPECIFICATIONS

3.1 Bidder Qualifications Certification and Affliations

3.1.1 Emergency Response Qualifications

3.1.2 Immediate Response Action Qualifications

3.2 Compensation Structure/Pricing

3.3 Supplier Diversity Program

3.3.1 Program Background

3.3.2 Financial Commitment Requirements

3.3.3 Eligible SDP Partner Certification Categories

3.3.4 Eligible Types of Business-to-Business Relationships

3.3.5 Program Flexibility

3.3.6 SDP Plan Form Requirements

3.3.7 Evaluation of SDP Forms

3.3.8 SDP Spending Reports and Compliance

3.3.9 SDP Spending Verification

3.3.10 Program Resources and Assistance

3.4 Environmental Specifications

3.4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

3.4.2 Environmental Plan

4 OTHER REQUIRED TERMS FOR THIS RFR

4.1 MassDEP Supplemental Terms and Conditions, and Payment Terms and Conditions

4.2 Continued Qualification Based on Performance

4.3 Reporting

4.4 Data Ownership

5 AUDIT

6 EVALUATION CRITERIA

In General

6.1 Initial Screening

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6.2 Evaluation of Technical and Management Experience and Capabilities

6.3 Price Evaluation

6.4 Supplier Diversity Plan

6.5 Recommendation and Contractors Selection

7 HOW TO SUBMIT A QUOTE

7.1 Quote Submission Method

7.2 COMMBUYS Quote Submission Training and Instructions

7.3 COMMBUYS Support

7.4 Bid Opening Date/Time

7.5 Quote Content and General Instructions

7.6 Electronic Signatures

7.7 File Size Limits

7.8 File Format Restrictions

7.9 Items that cannot be submitted electronically

7.10 Withdrawing a Quote

7.10.1 Prior to Bid Opening Date/Time

7.10.2 After Bid Opening Date/Time

7.11 Prohibition Regarding Contract Terms

APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

1.1 General Procurement Information

1.1.1 Alterations

1.1.2 Ownership of Submitted Quotes

1.1.3 Prohibitions

1.2 Terms and Requirements Pertaining to Awarded Contracts

1.2.1 Commonwealth Tax Exemption

1.2.2 Contractor’s Contact Information

1.2.3 Publicity

APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES 22

2.1 COMMBUYS Market Center

2.2 COMMBUYS Registration

2.3 Multiple Quotes

2.4 Quote Content

2.5 Supplier Diversity Office (SDO) Programs

2.6 Small Business Purchasing Program (SBPP)

2.7 Supplier Diversity Program (SDP)

2.8 Best Value Selection and Negotiation

2.9 Bidder Communication

2.10 Contract Expansion

2.11 Costs

2.12 Electronic Communication/Update of Bidder’s/Contractor’s Contact Information

2.13 Electronic Funds Transfer

2.14 Executive Order 509

2.15 HIPAA: Business Associate Contractual Obligations

2.16 Minimum Quote (Bid Response) Duration

2.17 Prompt Payment Discounts

2.18 Public Records

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2.19 Reasonable Accommodation

2.20 Restrictions on the Use of the Commonwealth Seal

2.21 Subcontracting Policies

2.22 Acceptable Forms of Signature

APPENDIX 3 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF COMMONWEALTH

STANDARD FORMS

3.1 Commonwealth Standard Contract Form

3.2 Commonwealth Terms and Conditions

3.3 Request for Taxpayer Identification Number & Certification (Mass. Substitute W9 Form) .29

3.4 Contractor Authorized Signatory Listing

3.5 Supplier Diversity Program Plan Form

3.6 Current Environmentally Preferable Products / Practices

3.7 Prompt Payment Discount Form

APPENDIX 4 – INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

APPENDIX 5 – GLOSSARY/ DEFINITIONS

ATTACHMENT A – Detailed Scope of Services ATTACHMENT B – Department Supplemental Terms and Conditions ATTACHMENT C – General Compensation (Payment) Terms and Conditions ATTACHMENT D – Instructions for Preparing and Submitting the Quote Package

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1. SECTION 1: RFR INTRODUCTION AND GENERAL DESCRIPTION

COMMBUYS Nomenclature Used for this Solicitation: The Commonwealth’s online COMMBUYS system is used for all purchasing of goods and services for agencies of the Commonwealth, and COMMBUYS refers to all response submittals as “bids” whether it is a simple pricing bid for the services of a single contractor, or a more complicated services Request for Response (RFR) pre-qualification solicitation that requires submittals of a responsive proposal with technical and administrative qualifications such as required for this solicitation. Therefore, when the term “bid” is used in this solicitation it means the submission of all the required documents that are described throughout this solicitation. When the term “bidder” is used in this RFR, it includes the firms responding to this solicitation that are typically environmental, engineering and science consultants, and/or other businesses providing environmental assessment and response actions.

1.1. Procurement Scope and Description

Through this solicitation, the Commonwealth of Massachusetts, Massachusetts Department of Environmental Protection (“Department” or “MassDEP”), Bureau of Waste Site Cleanup (“BWSC”) is seeking to procure the services of qualified contractors and/or technical firms having the multi-disciplinary expertise necessary to provide Emergency Response (“ER”) and Immediate Response Action (“IRA”) Support Services (“IRASS”) as further specified in this solicitation.

ER Services include the following service categories:

Emergency Oil Spill Cleanup and Containment Hazardous Materials Emergency Response

ER Services are the provision of all services required, on an emergency basis, to respond to, contain and clean up sudden spills, releases, or threats of releases of oil products and/or hazardous materials on land, water and/or air. Firms awarded contracts in this category will be required to provide services on short notice (two hours or less in most cases) in one or more of MassDEP’s four regions. In addition, contractors in this category may also be tasked to perform Operation and Maintenance (“O&M”) services of limited duration at the location of ER activities. Bidders may designate one or both service categories and the regions for which they are applying.

IRASS include the following service categories:

Limited IRA Assessment Source Area Remediation Services Groundwater and Soil Treatment Systems Other Environmental Capabilities (as needed)

IRASS actions are those preliminary response actions or risk reduction measures taken over a short term to abate, prevent, or eliminate an imminent or other hazard due to a release or threatened release of oil or hazardous materials. IRASS actions are not intended to secure a final remedy. These services are intended to identify, contain, isolate, remove, or secure a release of oil or hazardous material until such time as conditions at the site can be addressed through further remedial response actions. In addition, contractors in this category may also be tasked to perform O&M services at the location of IRASS activities.

The detailed scope of ER/IRASS activities is provided in Attachment A (Detailed Scope of Services).

Bidders should be aware that the detailed Scope of Services provided in Attachment A will constitute a significant basis for evaluating the qualifications submitted by the bidders and their technical and administrative experience with specific tasks within the ER/IRASS scope of services descriptions.

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This ER/IRASS Contract will be a multiple year, multi-award, indefinite-delivery, and indefinite-quantity Contract issued by MassDEP through the BWSC program. The current ER/IRASS Contract ends on October 11, 20241, and after that date the Department will continue to require support from qualified environmental contractors and consultants to provide assessment, remediation, and professional technical services to achieve MassDEP’s environmental regulatory goals. MassDEP’s BWSC program will be the lead Bureau that will manage the ER/IRASS Contract. MassDEP’s terms and conditions for the Contract are detailed in Attachment B (Department Supplemental Terms and Conditions); additional terms and conditions are included in the RFR and the forms located on COMMBUYS.

The Department’s selection of firms through this procurement will be based upon an evaluation of multiple criteria, including but not limited to each firm’s professional qualifications and its labor rates per hour for various levels of professional experience as defined in Attachment C (General Compensation (Payment) Terms and Conditions), Article 2 (Labor Compensation Terms and Conditions).

The Department’s instructions, format, and content of a submittal, herein referred to as the “Quote Package” is presented in Attachment D (Instructions for Preparing the Quote Package (Bid-proposal) with Required Forms).

Background information about the Department, BWSC, and the environmental regulations governing the cleanup of releases of oil and/or hazardous materials as required by the Massachusetts Contingency Plan (MCP), as well as information regarding other MassDEP programs can be found at www.mass.gov/dep.

Contractors who are awarded a Contract as a result of this ER/IRASS pre-qualification solicitation process will primarily support the BWSC program in meeting MassDEP’s statutory and regulatory obligations for the cleanup of oil and hazardous releases in the Commonwealth (pursuant to the provisions of M.G.L. c. 21E and the Massachusetts Contingency Plan, or MCP), and to a lesser extent, will also support other Bureaus within MassDEP so that the Department can meet other agency-mandated and related statutory and regulatory requirements, including but not limited to M.G.L. c. 21H (solid waste).

Bidders should note that the ER/IRASS Scope of Services includes additional, detailed technical support services associated with several MassDEP high-priority policy initiatives and mandates, including but not limited to: highly pathogenic avia influenza (HPAI – Bird Flu) disaster response actions; solid waste facility repair and rehabilitation; installation and maintenance of point of entry [water] treatment systems; PFAS contamination identification and testing in public/private water supplies; O&M at federal Superfund Sites and other MassDEP-led response actions. See Attachment A for more details on these service categories.

Note that the use of the term “site” as used in this solicitation is the same as “disposal site” as defined in the MCP (310 CMR 40.0006). Other acronyms and terms used in this RFR are defined in Appendix 5, Glossary/ Definitions. Also note that sites may also be federal Department of Defense Formerly Used Defense Sites (FUDS) and US EPA Superfund sites for which the state has been required to oversee or take over to perform operation, maintenance, and monitoring (O&MM) activities, to work in coordination with the federal government entities that have primary control of these sites.

1.2. 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)

1 Note to Bidders: After the posting of the ER/IRASS solicitation on COMMBUYS, MassDEP may execute short term “interim” contracts with the current ER/IRASS environmental firms to ensure continued provision of services until the ER/IRASS contracts are fully executed. See also RFR Section 2, Estimated Procurement Calendar.

http://www.mass.gov/dep

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1.3. Number of Awards

MassDEP will select multiple firms under this Contract to establish a master-list of pre-qualified firms to provide the services defined herein. Selection of a firm for the master list is not a guarantee that an engagement for work will result from MassDEP during the Contract term.

The ER/IRASS master-list of contractors will replace the current list of firms which was established under the previous ER/IRASS contract. MassDEP has no limitation on the number of firms which can be pre-qualified through the ER/IRASS solicitation, and the current procurement is open to all bidders that elect to submit responses.

1.4. Adding Contractors after Initial Contract Award

If, over the life of the Contract, the Strategic Sourcing Services Team (SSST) determines additional contractors should be added, these firms may first be drawn from qualified bidders that responded to this Bid but were not awarded contracts. If necessary, to meet the requirements of the Commonwealth, the Bid may be reopened to obtain responses from additional qualified, bidders who do not participate in the original bid process.

1.5. Eligible Entities

Any contract(s) resulting from this Bid will be open for use to the Issuing Entity Only. The Issuing Entity for this Bid is MassDEP.

1.6. Acquisition Method(s)

Fee for Service.

1.7. 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 one year after the expiration of the Contract end date, which will include, if applicable, all extensions of the Contract as allowed by this RFR). 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.

1.8. Contract Duration

The expected duration of the contract(s) resulting from this RFR is as follows:

Contract Duration Number of Options

Number of Years/Months Instructions

Initial Duration

3 years

The initial Contract term will be for three (3) years from the date of the full execution of the Standard Contract Form.

Renewal Options 2

2 years The Contract includes two (2) renewals options, with a term of two

(2) per renewal.

Total Maximum Contract Duration

7 years -----

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired unless an extension has been approved by the Commonwealth.

1.9. Estimated Value of the Contract

Based upon MassDEP’s past experience with ER/IRASS projects, the estimated value of the Contract is approximately $14 million. All funding for this Contract is subject to the availability of appropriations from

DEP-BWSC-RFR-2025-ER/IRASS-MSA COMMBUYS - Bid# BD-24-1045-BWSC0-BWSC1-103678 Page 8 the Legislature, or funding from other sources. This estimated value represents the total, estimated value of spending for the ER/IRASS program during the potential lifetime of the Contract. Individual MassDEP projects with pre-qualified contractors will be valued at lesser amounts. The Commonwealth and MassDEP make no guarantee that any services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only as background information for potential Bidders and should not to be relied upon as any indication of future purchase levels.

2. SECTION 2: ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

World Trade Organization Announcement on

COMMBUYS

Thursday, May 30, 2024

Bid Release Date Thursday, June 6, 2024

Virtual Bidders’ Conference (Optional)

Join Zoom Meeting:

https://us06web.zoom.us/j/84523686340?pwd=wb WboYGnc4BIAB9ZKy8hqw9qq2GT1t.1

Meeting ID: 845 2368 6340 Passcode: 500879 Dial: USA 713 353 7024 US Toll USA 888 330 1716 US Toll-free Conference code: 455796

Thursday, June 13, 2024, 10:00 a.m.

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

Thursday, June 20, 2024, 5:00 p.m.

Official Answers for Bid Q&A published (Estimated)

Tuesday, July 2, 2024

Bid Amendment Deadline Tuesday, July 9, 2024

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

Tuesday, July 23, 2024, 5:00 p.m.

Optional Interviews July/August 2024

Evaluation of Submissions (Estimated) August 2024

Notification of Apparent Successful Bidder(s) (Estimated)

September 2024

Estimated Contract Start Date October 11, 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.

https://us06web.zoom.us/j/84523686340?pwd=wbWboYGnc4BIAB9ZKy8hqw9qq2GT1t.1 https://us06web.zoom.us/j/84523686340?pwd=wbWboYGnc4BIAB9ZKy8hqw9qq2GT1t.1

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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 SSST regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions) and 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 SSST 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 SSST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

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

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

2.2. Locating Bid Q&A

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

2.3. Virtual Bidders’ Conference

The Bidders’ Conference is conducted by the SSST for the purpose of informing prospective Bidders about the Bid and answering questions from prospective Bidders. The date/time and location of the Bidder’s Conference is presented in the Estimated Procurement Calendar in Section 2. Attendance is optional but strongly recommended. Please refer to the COMMBUYS website for any updated information. While Bidders may ask questions for response by the SSST on an informal basis (all questions must be submitted to the SSST in writing during the conference), the SSST will post all submitted questions and MassDEP’s official answers on the COMMBUYS website in accordance with the requirements of Section 2.1 above and within the timeframes set forth in the Estimated Procurement Calendar.

2.4. Procurement Contact Information

The MassDEP contact for this ER/IRASS RFR (and the resulting ER/IRASS Contract Administrator once contracts are awarded) is:

Patrick Hurley MassDEP

BWSC TFS

100 Cambridge Street Boston, MA 02114 Phone: use only e-mail for requesting procurement information patrick.hurley@mass.gov mailto:patrick.hurley@mass.gov

DEP-BWSC-RFR-2025-ER/IRASS-MSA COMMBUYS - Bid# BD-24-1045-BWSC0-BWSC1-103678 Page 10

If Contract Administrator Patrick Hurley is unavailable, then the backup MassDEP contact is:

George D. Gardner MassDEP

BWSC TFS

100 Cambridge Street Boston, MA 02114 Phone: use only e-mail for requesting procurement information. When emailing, Patrick Hurley is the primary addressee to receive all emails with regard to this solicitation, with George Gardner being cc’d.

george.gardner@mass.gov

3. SECTION 3: SPECIFICATIONS

Additional required terms and conditions and specifications appear in the Attachments and Appendices to this RFR; see also information set forth in RFR Section 1 above.

3.1. Bidder Qualifications -- Certifications and Affiliations Qualified contractors/consultants must be capable of performing the services as described in RFR SECTION 1 Procurement Scope and Description, and meet the requirements described in the Detailed Scope of Services described in Attachment A, and also meet all other pre-qualification requirements of this RFR, which can include additional certifications and licenses as required for specific projects and/or support service categories. In addition, the scope of services defined in RFR section 1.1 and the detailed scope of services in Attachment A (Detailed Scope of Services) will be the primary evaluation criteria by which the MassDEP SST reviews and evaluates each bidder’s quote package bid, and how the MassDEP evaluation team will assess and score the responses. See also RFR SECTION 6 – Evaluation Criteria.

As part of the RFR Response, all Bidders must include a statement of the RFR services that they are qualified to perform and must demonstrate significant expertise and experience relative to those RFR services (see Attachment D, MassDEP Form C - “Project Descriptions”). Bidders also must demonstrate and affirm in their RFR Response that they have adequate numbers of qualified staff capable of providing quality services effectively and on time. As part of these qualification requirements, all Bidders must demonstrate adequate experience with cost estimating and project scheduling, based upon work performed on prior projects.

Bidders may propose the use of a subcontractor(s), in which case the RFR Response shall indicate that a subcontractor(s) will be necessary and shall specify the type of service and area(s) of expertise that the subcontractor would perform. All subcontractors are subject to approval by MassDEP at its sole discretion, pursuant to Article 9 of the Commonwealth’s Terms and Conditions.

MassDEP is seeking contractors with strong management capabilities, experience, and technical expertise in the selected service categories. Bidder qualifications will form the basis for response evaluation.

3.1.1. Emergency Response (“ER”) Qualifications

The nature of ER events requires firms to respond quickly with sufficient resources; to communicate and manage effectively; and to provide technical expertise. Bidders seeking to provide ER services must have the following minimum qualifications:

• Bidders must demonstrate in their submittal that they are capable of meeting the response time for the region(s) they have designated in their RFR Response. ER services Bidders MUST have equipment under ownership or control available to mobilize to a site within the response time, as referenced in Attachment A (Detailed Scope of Services) of this RFR.

mailto:george.gardner@mass.gov

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• Bidders must be able to work effectively with MassDEP personnel to mobilize to a site, conduct the appropriate response, and complete work efficiently. The Bidder’s organization and structure must be clear. The Bidder must be capable of performing all services and tasks outlined in Attachment A (Detailed Scope of Services), and capable of meeting all other requirements of the contract.

• Bidder’s personnel must have demonstrated experience and competency in performing activities included in the Attachment A (Detailed Scope of Services).

• Bidder’s personnel must have the appropriate training and licenses for work to be conducted under the Scope of Services. Personnel must be able to operate the equipment referenced in Attachment A in a safe manner.

• Bidders must have a health and safety program in accordance with 29 CFR 1910 Subpart H.

• Bidders must have a Hazardous Waste Transporter license.

• Bidders must be able to perform duties that require a Licensed Site Professional (LSP).

• Bidders must be able to recycle and/or dispose of remediation waste either via their own facilities or through a subcontractor’s facility.

• Bidders must be able to collect environmental media samples and provide laboratory analytical results to MassDEP in a timely manner.

• Bidders selecting the Hazardous Materials service category must have personnel or team subcontractor personnel licensed by the Massachusetts Department of Labor Standards (“DLS”) pursuant to G.L. c. 149, s. 6B and its implementing regulations, 453 CMR 6.00.

3.1.2. IRASS Action Qualifications

Bidders seeking to provide IRASS must have the following minimum qualifications:

• Bidders must have demonstrated experience, competency, and sufficient resources for performing projects identified in Attachment A (Detailed Scope of Services).

• Bidders for any or all IRASS categories must demonstrate experience and competency in performing IRASS, in accordance with the MCP.

• Bidder’s organizational structure must be clear and must include appropriate staff resources to conduct projects identified in Attachment A (Detailed Scope of Services .

• Bidders must be able to perform duties that require an LSP.

• Bidder’s personnel must have the appropriate training and licenses for work to be conducted under the Scope of Services. Personnel must be able to operate equipment mobilized to a site in a safe manner.

• Bidders must have a demonstrated commitment and adherence to Quality Assurance and

Quality Control requirements and measures.

• Bidders must have a health and safety program in accordance with 29 CFR 1910 Subpart H.

• Bidders must be able to collect environmental media samples and provide laboratory analytical results to MassDEP in a timely manner.

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3.2. Compensation Structure/Pricing

After Contract award, Contractors will be compensated in accordance with the requirements set forth in Attachment C (General Compensation (Payment) Terms and Conditions). As part of the RFR Response, all Bidders will be required to submit their proposed Labor and Equipment Rates and personal protective equipment (“PPE”) rates on MassDEP Form E, which can be found on a separate tab in COMMBUYS.

Please note that, during this solicitation, MassDEP reserves the right to request Best and Final Offers (“BAFOs”) from any and/or all the responsive bidders to obtain more competitive labor, equipment and/or PPE rates, to ensure best value to MassDEP and the Commonwealth with respect to this publicly-funded solicitation.

3.3. Supplier Diversity Program

3.3.1. Program Background

Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

3.3.2. Financial Commitment Requirements

All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

3.3.3. Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

3.3.4. Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/supplier-diversity-program-sdp https://www.mass.gov/orgs/supplier-diversity-office-sdo

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Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

3.3.5. Program Flexibility

The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract provided the

Contractor continues to meet its SDP Commitment.

3.3.6. SDP Plan Form Requirements

BIDDERS TAKE NOTE: All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

• Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability:IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification, but the Department may check various website certification entities listed above for the bidder’s proposed SDP Partners to verify they are in fact certified or in the process of certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, https://www.mass.gov/orgs/supplier-diversity-office-sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

• A clearly stated purpose or goal.

• Specific types of diverse and small businesses targeted.

• Which departments/units within the business are responsible for implementing supplier diversity.

https://www.diversitycertification.mass.gov/BusinessDirectory/BusinessDirectorysearch.aspx https://www.diversitycertification.mass.gov/BusinessDirectory/BusinessDirectorysearch.aspx https://www.vetbiz.va.gov/basic-search/ https://nmsdc.org/mbe-certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://nglcc.org/lgbtbe-certification/ https://nglcc.org/lgbtbe-certification/ https://www.mass.gov/orgs/supplier-diversity-office-sdo https://www.mass.gov/orgs/supplier-diversity-office-sdo https://www.mass.gov/forms/take-the-certification-self-assessment

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• Types of opportunities for which diverse and small businesses are considered.

• Specific measures/methods of engagement of diverse and small businesses.

• An existing internal supplier diversity policy.

• Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

• Serving as a mentor in a mentor-protégé relationship.

• Technical and financial assistance provided to diverse businesses.

• Participation in joint ventures between nondiverse and diverse businesses.

• Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

3.3.7. Evaluation of SDP Forms

To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

3.3.8. SDP Spending Reports and Compliance

After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

IMPORTANT NOTE: MassDEP currently requires that all awarded contractors prepare and submit quarterly SDP Prime Contractor Spending reports based on their approved SDP Commitment Percentages. This report must be completed and submitted to MassDEP within 45 days after the end of each quarter.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S.

Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor's compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

3.3.9. SDP Spending Verification

The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

3.3.10. Program Resources and Assistance

Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

3.4. Environmental Specifications

3.4.1. Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply 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 http://www.diversitycertification.mass.gov/BusinessDirectory/BusinessDirectorySearch.aspx https://www.vetbiz.va.gov/basic-search/ https://www.vetbiz.va.gov/basic-search/ https://www.mass.gov/supplier-diversity-program-sdp

DEP-BWSC-RFR-2025-ER/IRASS-MSA COMMBUYS - Bid# BD-24-1045-BWSC0-BWSC1-103678 Page 15 or statewide, must comply with the specifications and guidelines established by the Operational Service Division (OSD) and the EPP Program. EPPs are 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 Executive Order or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp.

The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

3.4.2. Environmental Plan

Beginning the first year of the Contract and throughout the life of the Contract, awarded Bidders must agree to work with the SSST 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 obtaining certifications, where applicable, for product development and manufacturing processes such as but not limited to Leadership in Energy and Environmental Design (LEED), International Organization for Standardization 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 SSST 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 SSST 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).

4. SECTION 4 OTHER REQUIRED TERMS FOR THIS RFR

4.1. MASSDEP SUPPLEMENTAL TERMS AND CONDITIONS, AND PAYMENT TERMS AND

CONDITIONS:

Please see Attachment B (Department Supplemental Terms and Conditions) which is incorporated by reference into this RFR as posted on the COMMBUYS Bid posting site. The terms and conditions outlined in Attachment B (Department Supplemental Terms and Conditions) are specific to this RFR and resulting

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Contract, and are more detailed than the Commonwealth standard Terms and Conditions. However, all ER/IRASS contractors must also comply with the terms and conditions outlined in Attachment B (Department Supplemental Terms and Conditions). The failure (without justification or prior MassDEP approval) of any contractor to comply with the Department’s Supplemental Terms and Conditions could result in partial non-payment or non-payment for services performed and, in extreme circumstances, could also result in termination from this state contract. In addition, after Contract award, all Contractors must comply with all payment requirements set forth in Attachment C (General Compensation (Payment) Terms and Conditions) as a pre-condition of invoice acceptance and approval for payment by the MassDEP Contract Administrator.

4.2. Continued Qualification Based on Performance

ER/IRASS contractors may be subject to periodic general performance evaluations and specific project reviews by MassDEP Contract management personnel. In the event of unsatisfactory or non-performance, MassDEP reserves the right to impose payment adjustments, suspension from eligibility for future projects, and/or in extreme circumstances, contract termination based upon the contractor’s/consultant’s ongoing non-performance or sub-standard performance of Contract requirements. See also, Attachment B (Department Supplemental Terms and Conditions), which further specify mandatory contractor general performance and related requirements for the duration of any Contract resulting from this RFR.

4.3. Reporting

Contractors/Consultants 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. (See also SDP requirements above).

4.4. Data Ownership

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

NOTE TO BIDDERS/AWARDED CONTRACTORS: Reports and documents developed by the bidders and awarded ER/IRASS contractors under this Contract must be produced in an accessible format specified by MassDEP and must be provided to the Department in their original electronic form, free from any restriction on modification, reproduction, publication, or distribution.

5. SECTION 5 AUDIT

During the term of any Contract resulting from this RFR, and for a period of six years thereafter, MassDEP, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives, shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports, or files, 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. SECTION 6 EVALUATION CRITERIA

MassDEP will screen all RFR Responses for administrative completeness, for conflict of interest at the business level, and for each firm’s technical capability and qualifications to perform the services selected within the total listing of services described for this contract. Responses that pass the administrative screening will be evaluated, scored, and ranked by the SST for final recommendation and selection for

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Contract awards. Bidder scores will be used to rank responses and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with MassDEP to receive a Contract award. The evaluation criteria and the steps of the evaluation process are described in the following subsections.

6.1. Initial Screening

MassDEP will conduct an initial screening of all submittals to determine completeness and responsiveness to the RFR requirements, including but not limited to the submission of all Commonwealth Standard Forms.

In the discretion of the Department, responses that are determined to be incomplete or nonresponsive may be disqualified. If MassDEP determines that a submittal is deficient, the bidder should not assume that MassDEP will request a clarification or other corrective action for the deficiency. However, MassDEP has the discretion to request clarifications from any/all bidder(s) regarding the RFR Response submittal that do not provide a competitive advantage or supply additional new qualification information from the bidder(s).

6.2. Evaluation of Technical and Management Experience and Capabilities The SST, which is comprised of MassDEP staff, will evaluate the qualifications and capabilities of each bidder to perform the required scope of services activities under the contract.