DEP.BWSC.RFR.2024.MIWOSPRS.IV.Final.docx

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS

department of environmental protection

100 CAMBRIDGE STREET, BOSTON, MA 02114

Request for Response (RFR)

Marine and Inland Waters Oil Spill Prevention & Response Services Contract

(MIWOSPRS)

DEP-BWSC-2024-MIWOSPRS IV

COMMBUYS Bid#: BD-24-1045-BWSC0-BWSC1-90845

Agency Document Number: BWSC-2024-MIWOSPRS IV

AUGUST 3, 2023

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 OSD Helpdesk at OSDHelpDesk@mass.gov or the COMMBUYS Helpline at 1-888-MA-STATE (627-8283). 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.

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

5 Audit 13

Appendix 2 - RFR - Required Specifications FOR COMMODITIES AND SERVICES 18

APPENDIX 3 - Instructions for Execution and Submission of Commonwealth Standard

appendix 4 – INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY THROUGH

COMMBUYS 26

appendix 5 – glossary/ Definitions 29

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 RFR pre-qualification solicitation that requires submittals of a responsive proposal with technical and administrative qualifications such as those 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 (i.e., the “Department” or “MassDEP”), Bureau of Waste Site Cleanup (“BWSC”) is seeking qualified companies (“Contractor(s)”) to assist MassDEP by providing specialized maritime oil spill prevention and response services required to implement M.G.L. Chapter 21M, “Vessel Traffic Service” and Chapter 251 of the Acts of 2004, “An Act Relative To Oil Spill Prevention And Response In Buzzards Bay And Other Harbors And Bays Of The Commonwealth” and subsequent amendments. In addition, MassDEP is seeking qualified Contractors to provide services to assist MassDEP with inland waterway spill prevention and response services. The detailed scope of the Marine and Inland Waters Oil Spill Prevention & Response Services Contract (“MIWOSPRS”) services is provided in Attachment A (Detailed Scope of Services).

This MIWOSPRS Contract will be the fourth (4th) multiple year, multi-award, indefinite-delivery, and indefinite-quantity contract issued by MassDEP through the BWSC program. The current MIWOSPRS Contract ends on December 15, 2023, and after that date the Department will continue to require support from qualified environmental contractors and consultants to provide oil spill prevention and response services to achieve MassDEP’s environmental regulatory goals. MassDEP’s BWSC program will manage the MIWOSPRS Contract.

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.)

It is understood that individual contractors/consultants may not have the full range of services “in-house” to support all potential services required by the MIWOSPRS Contract. Therefore, after Contract award and when required, the pre-qualified MIWOSPRS contractor may be designated as the “Prime Contractor”, when MassDEP authorizes the use of subcontractors that the Prime Contractor acquires through the processes defined in Attachment B (Department Supplemental Terms and Conditions, Article 8).

Contractors who are awarded a contract as a result of this MIWOSPRS pre-qualification solicitation process will primarily support the BWSC program in meeting MassDEP’s statutory and regulatory obligations for oil spill prevention and response in the Commonwealth (pursuant to the provisions of M.G.L. c. 21M and Chapter 251 of the Acts of 2004), 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.

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)

1.3 Number of Awards

MassDEP may 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 MIWOSPRS master list is not a guarantee that an engagement for work will result from MassDEP during the contract term.

MassDEP has not established a specific number of awards for this procurement. Contract awards will be based upon the evaluation of the Bidders’ responses, including review of qualifications and related criteria as described in this RFR. Contractors selected for the master list may be awarded individual work assignments (projects) under the Contract by MassDEP.

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 companies 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 additional Quotes.

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 the 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 an 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 this contract is as follows:

Initial Duration

Total Maximum Contract Duration

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

1.9 Estimated Value of the Contract

Based upon MassDEP’s past experience with MOSPRA Program projects as well as anticipated inland waterways projects, the total funding available for the work under this Contract, including all renewal options, is estimated at approximately $3,000,000. The value to individual Contractors for specific projects under this Contract will vary and will be determined by the work and cost plan developed for each specific project.

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 for the background information for Bidders and are not to be relied upon as any indication of future purchase levels.

SECTION 2: ESTIMATED PROCUREMENT CALENDAR

Bidders’ Conference (virtual) (Optional) Join Zoom Meeting: https://us06web.zoom.us/j/9542859836?pwd=UUFRZkxOZ29vOGVmSVMzcHFIRVdxZz09 Meeting ID: 954 285 9836 Passcode: 1122 Dial: USA 713 353 7024 US Toll USA 888 330 1716 US Toll-free Conference code: 587849 Friday, August 11, 2023; 10 a.m.

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written Questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the 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 Entity, including requests for clarification. The Purchasing Entity 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 Entity 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 Amendment Deadline

The SSST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The SSST and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2.4 Bidders’ Conference (virtual)

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.

2.5 Procurement Contact Information

The MassDEP contact for this MIWOSPRS RFR and the resulting MIWOSPRS 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

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

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.

0. Bidder Qualifications - Certifications and Affiliations Qualified contractors/consultants must be capable of performing the services as described in Section 1, Procurement Scope and Description, and meet the requirements described in the Scope of Services described in that section, and 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 procurement scope and description as defined in 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 SSST 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.

0. 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 Rates on BWSC form H, 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 rates to ensure best value to MassDEP and the Commonwealth with respect to this publicly funded solicitation.

Supplier Diversity Program 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).

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 enterprises or non-profit organizations. 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.

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) 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.

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.

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.

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.

· 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.

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.

SDP Spending Reports 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.

SDP Spending Compliance 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.

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.

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.

Environmental Specifications 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 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.

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).

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 Attachment B Supplemental Terms and Conditions are specific to this contract and much more detailed than the general terms and conditions of the Commonwealth. However, all MIWOSPRS contractors must also comply with the Department’s 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 (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

MIWOSPRS 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 specifies mandatory contractor general performance and related requirements for the duration of this contract.

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). As part of specific projects under this Contract, Contractors are responsible, if requested, for providing monthly progress reports, including % completion for tasks, budgets and draft and final project reports and other deliverables as determined by the Project Manager.

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 MIWOSPRS Contract. Related documentation includes, but is not limited to, 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 MIWOSPRS contractors 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.

SECTION 5 Audit During the term of this Agreement 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.

SECTION 6 Evaluation criteria In general: 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 SSST for final recommendation and selection for contract awards. Bidder scores will be used to rank Bidders 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. 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 Technical and Management Experience and Capabilities

The SSST, 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. This evaluation will be based on the qualifications and capabilities provided by the bidders in response to MassDEP’s RFR requirements. Mandatory evaluation criteria include the bidders’ completed submission of all required forms and information as specified in the RFR including but not limited to receipt of the required minimum 1% commitment to Supplier Diversity and identifying a SDO-certified Diversity Partner, as well as all other associated forms and statements, receipt of all business reference forms, and evidence that the bidders meet all professional qualifications and certification requirements that are specified in this RFR.

In its discretion, the SSST’s evaluation may include the independent verification of credentials and stated experience from the bidders, and verification of compliance with pertinent professional standards and licensing requirements. In its discretion, the Department may also contact individuals other than those listed on the business reference forms for any information and/or for documentation that will assist the SSST in its evaluation of the RFR Responses.

6.3 Price Evaluation

Hourly labor rates provided by the Bidders in the Section H Form as defined in Attachment D of this RFR will be evaluated separately and all submitted costs will be evaluated competitively to determine an acceptable range of all the bidders’ rates. All or some of the Bidders may be requested to submit Best and Final Offers (BAFO) and MassDEP may provide comments regarding the individual bidder’s labor rates prior to MassDEP requesting a BAFO. MassDEP reserves the right to negotiate all pricing and/or request best and final offers from any and all bidders.

6.4 Supplier Diversity Plan

Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 3.3 above. At least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions.

6.5 Recommendation and Contractor Selection

The SSST shall review, evaluate, and rank each RFR response for overall quality and capability to perform the selected service areas, in accordance with evaluation criteria. After the SSST has completed its evaluation process, MassDEP Senior Management will review the rankings and evaluations performed by the SSST and will make final recommendations for MIWOSPRS Contract awards. Final MIWOSPRS contract awards will only be made with concurrence and approval of all MassDEP Senior Management.

SECTION 7 HOW TO SUBMIT A QUOTE

Introduction: All Bidders may begin creating and compiling Quote materials as soon as the Bid and all attachments are in the Sent document status in COMMBUYS. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline in the Estimated Procurement Calendar has passed.

Note that the contents of the quote include numerous technical and administrative qualifications that are incorporated into the “Quote Package” that bidders are required to submit in response to this solicitation. Attachment D (Instructions for Preparing and Submitting Quote Packages) is a detailed guide to outline Quote Package requirements in detail, including specific Department forms that must be completed and submitted with the Quote Package, to ensure that the RFR Response submittal is complete for this solicitation. Bidders are advised to use Attachment D (Instructions for Preparing and Submitting Quote Packages) as their guidance.

The following subsections define the mechanics of submitting a responsive bid electronically through COMMBUYS:

7.1 Quote Submission Method

Online Quote Submission via COMMBUYS is required.

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

7.2 COMMBUYS Quote Submission Training and Instructions

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

· Appendix 4, Instructions for Vendors Responding to Bids Electronically through COMMBUYS in this RFR.

· An online job aid on How to Create a Quote (COMMBUYS website)

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

7.3 COMMBUYS Support

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

Website: Go to www.mass.gov/osd/commbuys to access COMMBUYS resources, including new bid postings, job aids, and training schedules for buyers, among others.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 a.m. to 5:00 p.m., Monday through Friday Eastern Time, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

7.4 Bid Opening Date/Time

All Bids must be posted in COMMBUYS 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 Time. All Bidders are advised to allow adequate time for Bid submission by considering potential online submission impediments such as 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. COMMBUYS will not accept Bids submitted after the Bid Opening Date/Time deadline.

7.5 Quote Content and General Instructions

The Quote must include the items located and defined in Attachment D (Instructions for Preparing and Submitting Quote Packages (Bid Response) with Required Forms) in response to this RFR. In addition, for RFR Response content, all Bidders must comply with all applicable requirements described in SECTION 3 SPECIFICATIONS of this RFR, and all other mandatory RFR Requirements, including but not limited to submission of the SDP Plan form with a (minimum of) 1% commitment percentage to using SDO-certified diversity businesses (mandatory) as defined in Section 3.3 above. The required forms and narratives for the bidder’s Quote Package are defined in detail in Attachment D (Instructions for Preparing and Submitting Quote Packages) of this RFR. Failure of the bidder to submit the documents required in the RFR and as defined in Attachment D, including a signed cover sheet, may result in disqualification in the discretion of the SSST. If a MassDEP Departmental form is required, it will be accessible to the Bidders via the COMMBUYS website along with the Commonwealth’s required forms.

7.6 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 she/he/they is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that she/he/they has read and assented to each document’s terms.

7.7 Acceptable Forms of Signature

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or b. An uploaded picture of the signatory’s hand drawn signature; or 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

7.8 File Size Limits

COMMBUYS 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. If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

7.9 File Format Restrictions

All scanned documents must be in .pdf format and must be scanned in such a way that they may be read on a computer monitor and printed on 8 1/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete electronically, except for the forms requiring ink signatures, must be completed and sent via email to the Commonwealth Contract Manager in their original formats and should not be scanned and submitted as PDFs or other file types.

7.10 Documents and items that cannot be submitted electronically Documents and items that may not be submitted electronically, such as confidential business references submitted by the Bidder or requests for material samples, respectively, must be submitted to the Procurement Contact as specified in RFR Section 2.4 in accordance with all Quote submission requirements, including Bid Opening Date/Time, Bid Package, and Environmental Response Submission Compliance provisions.

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

7.11.2 After Bid Opening Date/Time

Quotes may not be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

7.12 Prohibition Regarding Contract Terms

Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are…