DEP.BWSC.RFR.2024.MIWOSPRS.IV.PreBid.Confer.Present.8.11.23~1.pdf

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Attached to
DEP-BWSC-RFR-2024-MIWOSPRS IV
Solicitation number
BD-24-1045-BWSC0-BWSC1-90845
Issued by
Suffolk County, Massachusetts

About this file

This document is a Request for Response (RFR) issued by the Massachusetts Department of Environmental Protection (MassDEP) for the Marine and Inland Waters Oil Spill Prevention and Response Services IV (MIWOSPRS IV) contract. The MIWOSPRS IV contract will provide specialized maritime oil spill prevention and response services required to implement state laws and regulations. The RFR outlines the scope of services, which includes assistance with program planning, oil spill response exercises, geographic response strategy development, technical assistance, and support services. The RFR provides a procurement calendar, with a bid release date of August 3, 2023, a bidders' conference on August 11, 2023, a deadline for questions on August 17, 2023, and a deadline for quote packages on September 14, 2023. The estimated contract start date is December 14, 2023, with a base contract term of 3 years and two 2-year option periods, for a potential total duration of 7 years.

The RFR specifies that the current estimated value of the MIWOSPRS IV contract over the 7-year term is $3 million, subject to available funding. It also includes detailed requirements for the Supplier Diversity Program, which requires bidders to identify and commit to utilizing certified diverse businesses for at least 1% of the total contract payments. The RFR also provides instructions for preparing and submitting the quote package, including specific forms and narratives that must be completed by the bidders.

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Text version

Marine & Inland Waters Oil Spill Prevention & Response Services IV

(MIWOSPRS IV)

BWSC-2024-MIWOSPRS IV

PRE-BID CONFERENCE

August 11, 2023

Agency Document No.

Housekeeping

• Please put microphone on “Mute”

• Intro: MassDEP Procurement

Team

• Please use “chat” function to write questions during the presentation

MIWOSPRS IV PROCUREMENT

Housekeeping

• We may answer questions on chat today at the end of the basic presentation, but only written questions from you posted in CommBuys will be answered.

• Questions must be submitted on COMMBUYS by 08/17/2023, 5 pm, which is next week.

This PowerPoint presentation, all written questions, and official answers will be posted on:

COMMBUYS

More about COMMBUYS later in this presentation

Barge B-120 Spill in April 2003

M.G.L. 21M- Oil Spill Act of 2004- goal of increasing prevention and response readiness & capabilities

What has MOSPRA been working on?

• Providing & maintaining trailers and equipment to coastal towns

• Training first responders

• Developing Geographic Response Strategies

• Funding navigational aids

• Grant program

• Threat Assessment

MIWOSPRS Background

MIWOSPRS Scope of Services

•Assistance with Program Planning to achieve goals of MGL 21M •Conduct Oil Spill Response Exercises with local, regional & state entities on coastal and inland waters •Develop & Update Geographic Response Strategies and related plans •Provide technical assistance with maritime vessel surveys, wildlife and habitat rehabilitation •Provide support services with GIS, mapping, database development, and implementation of innovative technologies •Facilitate meetings, support MassDEP in coordinating and implementing prevention & response programs and events

General Information About the Procurement

RFR 2 Estimated Procurement Calendar

PROCUREMENT EVENT DATES

WTO Announcement 07/26/2023 Bid Release Date 08/03/2023 Bidders’ Conference 08/11/2023 10 am Deadline for Questions 08/17/2023 5 pm Official MassDEP Answers 08/24/2023 Deadline for Quote Packages 09/14/2023 5 pm

Evaluation of Quote Packages 09/15/23 – 11/15/23 Notification of Apparent Successful Bidder(s) 11/16/2023

Estimated Contract Start Date 12/14/2023

RFR 1.3 Number of Awards

Based on MassDEP’s experience, past MIWOSPRS contracts have had up to 4 contract awards over the past 15 years.

However, the number of awards is based on the technical capabilities, knowledge and abilities of the companies to provide MassDEP the services it needs to successfully accomplish its mission.

RFR 1.5 Eligible Entities

The MIWOSPRS IV contract can only be administered and used by

MassDEP.

RFR 1.8 Contract Duration

Base Contract term = 3 yrs Two 2-year Option Periods = 4 yrs

Potential duration = 7 yrs

RFR 1.9 Estimated Contract Value

The current estimated value of the MIWOSPRS IV contract over the extended 7-year term is $3 million, which is contingent upon available funding.

STRUCTURE

OF THE RFR

MIWOSPRS IV PROCUREMENT

There are two major sections of the RFR MassDEP’s and the Commonwealth’s numbered RFR Sections and Appendices which have MassDEP’s and the Commonwealth’s basic procurement requirements, instructions and terms and conditions, and …

MassDEP’s RFR “Attachments” that have MIWOSPRS IV specifications, supplemental terms & conditions/requirements, and quote submission instructions.

STRUCTURE OF THE RFR

1. RFR INTRODUCTION AND GENERAL DESCRIPTION

2. ESTIMATED PROCUREMENT CALENDAR

3. SPECIFICATIONS

4. OTHER REQUIRED TERMS

5. AUDIT

6. EVALUATION CRITERIA

7. HOW TO SUBMIT A QUOTE

APPENDICES (There are 5 Appendices)

MassDEP & Commonwealth (OSD) RFR required Sections

The 7 RFR sections and 5 Appendices contain important Commonwealth (OSD) instructions and requirements that must be addressed in the RFR Response by the “Bidder.”

2. ESTIMATED PROCUREMENT CALENDAR

3. SPECIFICATIONS

4. OTHER REQUIRED TERMS

5. AUDIT

6. Evaluation Criteria

7. HOW TO SUBMIT A QUOTE

APPENDICES (There are 5 Appendices)

Departmental (MassDEP) Attachments ATTACHMENT A - Detailed Scope of Services ATTACHMENT B - Department Supplemental Terms & Conditions ATTACHMENT C - General Compensation (Payment) Terms & Conditions ATTACHMENT D - Instructions for Preparing the Quote Package (Bid proposal) with Required Forms

MassDEP adds Departmental Attachments that are highly specific and unique to the MIWOSPRS program, contain extensive legal contractor performance and payment requirements and provide more detailed technical scope descriptions that bidders should focus on when presenting their qualifications in their RFR Response (aka the Quote Package).

MassDEP & Commonwealth (OSD) RFR required Sections

Departmental (MassDEP) Attachments- continued

The “Departmental Attachments” are utilized by MassDEP evaluators in conjunction with the RFR’s Evaluation Criteria (RFR section 6) to determine the bidder’s experience, knowledge and capabilities to provide MassDEP the services required for the MIWOSPRS IV contract. The Attachments also specify important contract performance legal requirements, administration/management and compensation terms that will govern all MIWOSPRS IV contractors and their work.

The following slides highlight selected Commonwealth requirements in the seven sections and the Appendices of the RFR.

All sections are important, but several requirements are critical to ensuring the Quote Package uploaded onto COMMBUYS will be complete and not disqualify bidders from further consideration for a contract award.

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

RFR Table of Contents

Bidders must read MassDEP Attachment A that provides detailed MIWOSPRS IV Scopes of Service that

Bidders must address to demonstrate their capabilities, experience and knowledge to provide these services to MassDEP

2. ESTIMATED PROCUREMENT CALENDAR

3. SPECIFICATIONS

4. OTHER REQUIRED TERMS

5. AUDIT

6. Evaluation Criteria

7. HOW TO SUBMIT A QUOTE

APPENDICES (There are 5 Appendices)

Departmental (MassDEP) Sections ATTACHMENT A - Detailed Scope of Services

ATTACHMENT B - Department Supplemental Terms & Conditions

ATTACHMENT C - General Compensation (Payment) Terms & Conditions

ATTACHMENT D - Instructions for Preparing the Quote Package (Bid-proposal) with Required Forms

The Commonwealth’s Specifications include certain requirements that - if not met -will disqualify a Bidder from

Award of a Contract. The Supplier Diversity requirements are particularly important and are different from past MIWOSPRS contracts.

3 SPECIFICATIONS

3.1 Bidder Qualifications Certification and Affiliations

3.2 Compensation Structure/Pricing

3.3 Supplier Diversity Program

3.4 Environmental Specifications

3.4.1 Executive Order 515, Establishing an Environmental

Purchasing Policy

3.4.2 Environmental Plan

Bidders should note that this section states that MIWOSPRS IV payment and pricing details are provided in

Attachment C, General Compensation (Payment) Terms & Conditions, and Bidders must submit Attachment H, Proposed Labor Rates Schedule, as part of the

Quote Package

3.1 Bidder Qualifications Certification and Affiliations

3.2 Compensation Structure/Pricing

3.3 Supplier Diversity Program

3.4 Environmental Specifications

3.4.1 Executive Order 515, Establishing an

Environmental Purchasing Policy

3.4.2 Environmental Plan

The Supplier Diversity Program is EXTREMELY important for Bidders to be eligible for award of a contract.

MassDEP recommends that bidders work on this specification as soon as possible after posting of the RFR when preparing their responses, and do not delay establishing their SDO-certified Diversity partner(s) for this contract.

3.3 Supplier Diversity Program- details

A bidder’s response to the Supplier Diversity Program requirements is critical to being eligible for an award of a Contract. There are several key requirements, as follows:

Bidders MUST identify one or more certified Diverse firms as “Partners” that will receive at least 1% of the total payments the Contractor will receive from the MIWOSPRS IV contract.

The bidder’s Supplier Diversity Plan (Form) is evaluated and must constitute 25% of the 100% point score for award of a contract.

Supplier Diversity Program (SDP) Plan Form Required for All Bidders

Required fields are shaded in yellow. Optional (desirable) fields are shaded in green. Please do not convert to PDF. Attach to your Quote as an Excel file.

Part I Bidder and Contact Information (Required) Bidder Company Name Annual Gross Revenue (3-year average) -$

Name Phone Email Main Contact for this Bid SDP Reporting Contact (if awarded)

Part II SDP Focus Statement (Optional) Describe your company's overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in your company's general business operations (ancillary products and services).

Does your company have an internal supplier diversity policy? (Y/N)

Please provide a link to the company supplier diversity policy. If not online, attach to proposal.

Part III SDP Spending Commitment (Required)

Relationship Type Proposed Commitment

Subcontracting 0.00% Ancillary products and services 0.00% Total SDP Commitment (calculated) 0.00% Minimum Total SDP Commitment Required 1.00%

Part IV Proposed SDP Partners (Required)

Proposed SDP Partner Company Name Relationship Type Certification Category* Certifying

Organization** Product or Service

(Add lines as needed) (Subcontracting or

Ancillary) (Choose One)**

(If more than one category applies, choose any category that applies)

(Name of the organization that issued the proposed SDP Partner's certification.

Self-certification is not acceptable.)

(Describe the product or service that will be provided by the proposed SDP Partner)

2019 2020 2021

Name the certified diverse businesses (SDP Partners) your company proposes to utilize in order to meet its Total SDP Commitment. If your company has previously purchased from these SDP Partners, provide prior year spending information. All partners must be certified in one or more of the eligible certification categories.* After contract award, only spending with SDP Partners that appear in the SDO Directory or in the U.S. Dept of Veterans Affairs directory will be counted toward a Contractor's compliance with their SDP commitment.** See FORM INSTRUCTIONS for additional information on acceptable proposed SDP Partners.

This form is required for all Bidders to complete and submit as an Excel attachment with their responses. No contract shall be awarded to a Bidder without an SDP commitment (Part III of the form) that meets RFR requirements. All parts marked as "Required" must be completed. Bidders may be awarded additional evaluation points for providing information marked as “Optional.”

Prior Year Spending (Optional) by the Bidder with the Proposed SDP Partner

What percentage of your company’s contract sales do you propose to spend with certified diverse businesses (SDP Partners)? After contract award (if any), the Total SDP Commitment will become a contract requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. See the RFR for any additional commitment specifications.

The SDP Plan form is an MS EXCEL spreadsheet. When a bidder submits their response by uploading this form onto COMMBUYS, they must upload the SDP form as a MS EXCEL completed form, NOT A PDF or other file format. Only an EXCEL based form is acceptable with your response.

SDP Plan Form

Supplier Diversity Program (SDP) Plan Form Required for All Bidders

This form is required for all Bidders to complete and submit as an Excel attachment with their responses. No contract shall be awarded to a Bidder without an SDP commitment (Part III of the form) that meets RFR requirements. All parts marked as "Required" must be completed. Bidders may be awarded additional evaluation points for providing information marked as “Optional.”

Required fields are shaded in yellow. Optional (desirable) fields are shaded in green. Please do not convert to PDF. Attach to your Quote as an Excel file.

Part I Bidder and Contact Information (Required)

Bidder Company Name

Annual Gross Revenue (3-year average) $ - 0

Name Phone Email

Main Contact for this Bid

SDP Reporting Contact (if awarded)

Part II SDP Focus Statement (Optional)

Describe your company's overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in your company's general business operations (ancillary products and services).

Does your company have an internal supplier diversity policy? (Y/N)

Please provide a link to the company supplier diversity policy. If not online, attach to proposal.

Part III SDP Spending Commitment (Required)

What percentage of your company’s contract sales do you propose to spend with certified diverse businesses (SDP Partners)? After contract award (if any), the Total SDP Commitment will become a contract requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. See the RFR for any additional commitment specifications.

Relationship Type Proposed Commitment %

Subcontracting 0.00%

Ancillary products and services 0.00%

Total SDP Commitment (calculated) 0.00%

Minimum Total SDP Commitment Required 1.00%

Part IV Proposed SDP Partners (Required)

Name the certified diverse businesses (SDP Partners) your company proposes to utilize in order to meet its Total SDP Commitment. If your company has previously purchased from these SDP Partners, provide prior year spending information. All partners must be certified in one or more of the eligible certification categories.* After contract award, only spending with SDP Partners that appear in the SDO Directory or in the U.S. Dept of Veterans Affairs directory will be counted toward a Contractor's compliance with their SDP commitment.** See FORM INSTRUCTIONS for additional information on acceptable proposed SDP Partners.

Proposed SDP Partner Company Name Relationship Type Certification Category* Certifying Organization** Product or Service Prior Year Spending (Optional) by the Bidder with the Proposed SDP Partner

(Add lines as needed) (Subcontracting or Ancillary) (Choose One)** (If more than one category applies, choose any category that applies) (Name of the organization that issued the proposed SDP Partner's certification. Self-certification is not acceptable.) (Describe the product or service that will be provided by the proposed SDP Partner) 2019 2020 2021

Subcontracting Subtotals (Calculated) $ - 0 $ - 0 $ - 0

Ancillary GRAND TOTAL (Calculated) $ - 0

Part V Additional Creative Supplier Diversity Initiatives (if any) (Optional)

Please describe any additional creative initiatives (if any) related to engaging, buying from and/or collaborating with diverse businesses.

Part VI Certification (Required)

Under the pains and penalties of perjury I certify that the information provided on this form is accurate. *All SDP Partners must be certified in one or more

Name of the following certification categories:

Title MBE - Minority Business Enterprise

Phone WBE - Woman Business Enterprise

Email M/WBE - Minority and Woman Business Enterprise

Date SDVOBE - Service-Disabled Veteran-Owned Business Enterprise

Please do not convert to PDF. Attach to your Quote as an Excel file. VBE - Veteran-Owned Business Enterprise

Form updated 07/12/2021 M/NPO - Minority Non-Profit Organization

W/NPO - Women Non-Profit Organization

M/W/NPO - Minority and Women Non-Profit Organization

DOBE - Disability-Owned Business Enterprise

LGBTBE - Lesbian, Gay, Bisexual or Transgender Business Enterprise

**Eligible SDP Partners can be found by searching:

Supplier Diversity Office Directory of Certified Businesses

U.S. Dept of Veterans Affairs Vendor Information Pages

See FORM INSTRUCTIONS for additional information on eligible SDP Partners

FORM INSTRUCTIONS

Is this form required for your company?

Yes. If a bid solicitation includes this form, it is required for all Bidders without exception. This includes Bidders who are certified as a diverse business by the Supplier Diversity Office (SDO) or another organization. No contract shall be awarded to a Bidder without an SDP commitment (Part III of the form) that meets the RFR requirements.

Which parts of this form are required to be completed?

All parts marked as "Required" must be completed. For ease of use, all required fields are shaded in yellow. Bidders are encouraged to provide information in sections marked as “Optional” and may receive additional points for doing so. For ease of use, all Optional (desirable) fields are shaded in green.

Part I – Bidder and Contact Information (Required)

● Bidder Company Name: Enter your company name.

● Average Gross Revenue: Enter your company’s average gross revenue based on a 3-year average. If a company has been in business for less than 3 years, enter the average annual gross revenue for the period beginning from business inception.

● Main Contact for this Bid: Provide the contact information for the individual who should be contacted if the issuing department has questions about this form.

● SDP Reporting Contact (if awarded): Provide the contact information for the individual who should be contacted regarding your company’s SDP spending reports, if your company is awarded a contract.

Part II – SDP Focus Statement (Optional) Answer the questions. Note that, while important, diversity and inclusion initiatives related to your company’s workforce/human resources (hiring, retention, promotion, etc. of diverse personnel) will not be evaluated.

Part III – SDP Spending Commitment (Required) An SDP Commitment is the percentage of contract sales your company commits to spending with certified diverse businesses (SDP Partners). No contract shall be awarded to a Bidder without an SDP commitment that meets the RFR requirements. Unless otherwise specified in the RFR, the minimum required Total SDP Commitment is 1%.

The SDP Partner may be engaged in the following two ways (business-to-business relationship types):

● Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth. Such relationships typically, but not always, involve a formal written agreement between the SDP partner and the prime contractor.

● 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 prime contractor’s contract with the Commonwealth. In most cases, this type of partnership is related to the prime contractor’s general business or operational needs.

An SDP Partner is always another business; it may not be your own company. Contractors certified by the SDO or another recognized certification organization may not list their own organization or own subsidiary or affiliate as an SDP partner.

After contract award (if any), the Total SDP Commitment will become a contract requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. See the RFR for any additional commitment specifications.

Part IV – Proposed SDP Partners (Required) All SDP Partner(s) listed on the form must be certified in one or more of the certification categories listed in the data entry part of the form. Links to searchable databases of eligible SDP partners are also provided.

● Proposed SDP Partner Company Name: Provide the company name(s) of one or more of the SDP Partners your company proposes to utilize in order to meet its Total SDP Commitment.

● Relationship Type: See Part III instructions.

● Certification Category: Select the SDP Partner's certification category from the menu. For partners with multiple certification types, please select the one that is highest on the dropdown list.

● Certifying Organization: Provide the name of the organization that issued the proposed SDP Partner’s certification (e.g. the SDO, the U.S. Veterans Administration, another city or state certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, etc.). Self-certification is not acceptable.

IMPORTANT: While SDP Partners that are not certified or recognized by the SDO may be listed, it is the responsibility of the Bidder to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO. The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee can be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. It is always the responsibility of the Bidder to ensure they meet their SDP Commitment, and the SDO assumes no responsibility for any Contractor’s failure to meet its SDP Commitment.

● Product or Service: In brief, describe the product or service that will be provided by the proposed SDP Partner.

● Prior Year Spending (Optional) by the Bidder with the Proposed SDP Partner: If your company has already purchased from the proposed SDP Partner, provide information on up to three years of prior spending with the business.

Part V – Additional Creative Supplier Diversity Initiatives (Optional) Answer the question. Note that, while important, diversity and inclusion initiatives related to your company’s workforce/human resources (hiring, retention, promotion, etc. of diverse personnel) will not be evaluated.

Part VI – Certification (Required) Provide the information on the authorized individual completing or approving the information provided on the form.

Additional Resources

● More information about the Supplier Diversity Program (SDP) is available at www.mass.gov/sdp.

● More information about supplier diversity certifications is available at www.mass.gov/sdo.

https://www.vetbiz.va.gov/basic-search/https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspxhttps://www.vetbiz.va.gov/basic-search/

4 OTHER REQUIRED TERMS FOR THIS RFR

4.1 MassDEP Supplemental Terms and Conditions

4.2 Continued Qualification Based on Performance

5 AUDIT

6 EVALUATION CRITERIA

6.1 Initial Screening

6.2 Technical and Management Experience and Capabilities

6.3 Price Evaluation

6.4 Supplier Diversity Plan

6.5 Recommendation and Contractors Selection

Section 6, Evaluation Criteria, lays out the MassDEP evaluation process for MIWOSPRS IV and is explained in the following slides of the presentation

6 EVALUATION CRITERIA

6.1 Initial Screening

6.2 Technical and Management Experience and Capabilities

6.3 Price Evaluation

6.4 Supplier Diversity Plan

6.5 Recommendation and Contractors Selection

6.1 Initial Screening: This is a first review by the

MassDEP Evaluation team to ensure the bidder has submitted all the required items in their Quote Package. In addition, the Supplier Diversity Plan (form) Evaluation will be reviewed during this phase to determine if the bidder will be eligible for award. If a bidder fails to respond to the SDP requirements, the bidder will be automatically disqualified and will be removed from further evaluation.

6.2 Technical and Management Experience and Capabilities

6.3 Price Evaluation

6.4 Supplier Diversity Plan

6.5 Recommendation and Contractors Selection

6.2 Technical and Management Experience and

Capabilities: This is the core of the evaluation process and represents the majority of the evaluation points for award of a contract. Since the MIWOSPRS IV contract requires highly competent, qualified and responsive contractors to support the required scope of services, the evaluation and scoring is focused primarily on these criteria.

6.2 Technical and Management Experience and Capabilities

6.3 Price Evaluation

6.4 Supplier Diversity Plan

6.5 Recommendation and Contractors Selection

The only prices to be provided in the response are labor hourly rates for various professional and support levels, as defined in Attachment C, General Compensation (Payment) Terms & Conditions. MassDEP will negotiate the initially submitted rates in the RFR responses to keep all bidders’ rates within a close “+ or –” range for each category among the bidders.

While the MIWOSPRS evaluation focuses on technical knowledge, capability and quality and not “low bid” selection of contractors, MassDEP must ensure that contractors’ costs represent “best value” in the performance of MIWOSPRS services.

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 Acceptable Forms of Signature

7.8 File Size Limits

7.9 File Format Restrictions

7.10 Documents and items that cannot be submitted

electronically

7.11 Withdrawing a Quote

7.12 Additional Quote Terms

SECTION 7 PROVIDES THE OSD OVERVIEW FOR

THE SUBMISSION OF QUOTES ONTO COMMBUYS,

AND IS IMPORTANT FOR BIDDERS TO REVIEW.

HOWEVER, BIDDERS MUST ALSO FOLLOW

MASSDEP’S INSTRUCTIONS FOR THE

PREPARATION OF THE QUOTE PACKAGE

CONTENTS SET FORTH IN ATTACHMENT D.

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 Acceptable Forms of Signature

7.8 File Size Limits

7.9 File Format Restrictions

7.10 Documents and items that cannot be submitted

electronically

7.11 Withdrawing a Quote

7.12 Prohibition Regarding Contract Terms

THE BIDDER’S ENTIRE QUOTE PACKAGE MUST

BE SUBMITTED ELECTRONICALLY ON

COMMBUYS. ALL FIRMS SEEKING TO

RESPOND TO THE MIWOSPRS IV RFR MUST BE

“REGISTERED” IN COMMBUYS TO SUBMIT.

LINKS TO HOW TO REGISTER ARE PROVIDED

IN THIS SUBSECTION

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 Acceptable Forms of Signature

7.8 File Size Limits

7.9 File Format Restrictions

7.10 Documents and items that cannot be submitted

electronically

7.11 Withdrawing a Quote

7.12 Additional Quote Terms

COMMBUYS TRAINING AND ACCESS TO SUPPORT

RESOURCES LINKS ARE PROVIDED IN THESE TWO

SUBSECTIONS.

THE MASSDEP MIWOSPRS IV PROCUREMENT TEAM

CANNOT ADVISE THE BIDDERS REGARDING THE

SUBMISSION OF THEIR QUOTE PACKAGES ONTO

COMMBUYS , SO PLEASE USE THE RESOURCES

CITED IN THESE SUBSECTIONS.

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 Acceptable Forms of Signature

7.8 File Size Limits

7.9 File Format Restrictions

7.10 Documents and items that cannot be submitted

electronically

7.11 Withdrawing a Quote

7.12 Additional Quote Terms

IN SUBSECTION 7.5, THE BIDDER IS DIRECTED TO

ATTACHMENT D FOR OBTAINING THE REQUIRED

CONTENT AND DETAILED INSTRUCTIONS FOR

PREPARING THEIR “QUOTE PACKAGE.”

“ATTACHMENT D” IS SPECIFIC TO THE REQUIREMENTS FOR

MIWOSPRS IV, AND THE INSTRUCTIONS ALSO COMPLY WITH THE

COMMONWEALTH’S RFR REQUIREMENTS.

APPENDICES TO THE RFR ARE LARGELY

SELF-EXPLANATORY.

THE FOLLOWING SLIDES PROVIDE AN

OVERVIEW/BRIEF DESCRIPTION OF

THESE REQUIREMENTS AND INSTRUCTIONS.

APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

1.1 General Procurement Information

1.2 Terms and Requirements Pertaining to Awarded Contracts

APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS FOR

COMMODITIES AND SERVICES

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 and Certification (Mass. Substitute W9 Form)

3.4 Contractor Authorized Signatory Listing

3.5 Supplier Diversity Program Plan Form 1

3.6 Current Environmentally Preferable Products / Practices

3.7 Prompt Payment Discount Form

Appendix 1 contains important Commonwealth requirements applicable during the procurement process. Compliance with these terms is required.

1.2 Terms and Requirements Pertaining to Awarded Contracts

APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS FOR

COMMODITIES AND SERVICES

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 and Certification (Mass. Substitute W9 Form)

3.4 Contractor Authorized Signatory Listing

3.5 Supplier Diversity Program Plan Form 1

3.6 Current Environmentally Preferable Products / Practices

3.7 Prompt Payment Discount Form

Appendix 2 includes OSD specifications that provide general requirements for using COMMBUYS, restrictions on multiple quotes, use of Small Business and the Supplier Diversity Program (as applicable to specific procurements), Best Value selection, and other such administrative and communication specifications for the procurement.

APPENDICES

1.2 Terms and Requirements Pertaining to Awarded Contracts

APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS FOR

COMMODITIES AND SERVICES

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 and Certification (Mass. Substitute W9 Form)

3.4 Contractor Authorized Signatory Listing

3.5 Supplier Diversity Program Plan Form 1

3.6 Current Environmentally Preferable Products / Practices

3.7 Prompt Payment Discount Form

Appendix 3 is among the most important sections of the RFR. The seven forms that are defined and instructions provided are absolutely essential for bidders to review and understand for the award of a contract. All these forms need to be fully completed and accurate!

APPENDIX 4 – INSTRUCTIONS FOR VENDORS

RESPONDING TO BIDS ELECTRONICALLY THROUGH

COMMBUYS

APPENDIX 5 – GLOSSARY/ DEFINITIONS

Appendix 4 instructs bidders how to UPLOAD their bids into COMMBUYS. There are pitfalls in the online entry of information that could result in the system defining your bid as a “NO BID” when that is not your intent. Pay close attention to this section.

Bidders must review both Appendix 4 and Attachment D to ensure your COMMBUYS submittal is both a complete Quote Package and accepted as a bid.

You should start uploading the forms into Commbuys at least one week before the due date to assure you receive a notification of acceptance from CommBuys.

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 the Quote Package (Bid proposal) with Required Forms

DEPARTMENTAL ATTACHMENTS

ATTACHMENT A

Detailed Scope of Services

The Detailed Scope of Services (SoS) provided in Attachment A lists 8 services specific to this RFR

ATTACHMENT A

ATTACHMENT B

Department Supplemental Terms & Conditions

Department Supplemental Terms & Conditions

The Department’s Supplemental Terms and Conditions are specific to the MIWOSPRS IV Contract.

There are 12 Articles in the Supplemental T&Cs for the contract– the following slides provide some overview of these requirements, but bidders need to review Attachment B in its entirety.

Article 1 Statement of Services

Department Supplemental Terms & Conditions

Article 2 Documents Forming the Contract

Article 3 Assignment of Work Orders and Projects to Contractors Article 4 Contractor General Performance Requirements Article 5 Rights Reserved to the Department

Article 6 Contract Management, Including Project Work and Cost Plans, and Work Orders Article 7 Personal Changes and Substitutions

IN RFR

• Standard Contract Form & by reference, the Commonwealth Terms and

Conditions

• Department’s Request for Response (RFR), including all Attachments and Appendices and the SDP, and any Addenda or Amendments to the RFR issued by MassDEP

• Contractor’s Response (Quote Package) to the RFR

AFTER AWARD:

• Department approved Project Work and Cost Plans and/or Work Orders and/or Change Orders as negotiated and approved by the Parties during the course of this Contract all become part of the “Contract.”

3.1 Assignment of Projects

Technical project requirements versus technical capabilities of contractors in the MIWOSPRS IV “pool.”

Resources required for the project versus contractor resources.

Contractor’s prior performance on the specific project or task.

Potential conflicts of interest.

3.1 Assignment of Projects

Contractor’s willingness and capability to accept and conform to special T&Cs.

Contractor’s prior performance and responsiveness on the contract.

Competitive price when contractors are equally qualified, capable.

Article 8: Subcontractors

Many MIWOSPRS contractors in the past have subcontracted for specialty services for expertise the contractor may not have.

Bidders do not have to name subcontractors in the RFR, unless using some as “Partners” in the SDP Form.

Article 8 Subcontracts

Department Supplemental Terms & Conditions

Article 9 Insurance and Indemnification

Article 10 Record Keeping, Audits, and Inspections of Records

Article 11 Conflict of Interest

Article 12 Community Relations, Public Contact and News Releases and Representations

Estimated Cost Method of Procurement Documentation Required

$ 2,500 or less Sound business practices. The term “sound business practices” …

Written statement from Prime Contractor supporting the technical reason …

> $ 2,500 – < $ 5,000

Seek price quotes from at least three subcontractors…

Written record of the Prime Contractor’s request and the responses from subcontractors…

> $5,000 – < $ 18,000

Seek price quotes in writing from at least three subcontractors and award the contract to the responsive subcontractor…

Written record of the Prime Contractor’s request and the written responses from subcontractors…

> $ 18,000

Conduct a formal competition by issuing a written invitation for bids (IFB) or a request for proposals (RFP) to at least three subcontractors…

Prior review of the IFB or RFP by the Department, and concurrence from the Department’s MIWOSPRS IV Contract Administrator for the Prime contractor’s issuance of the request

ATTACHMENT C

General Compensation (Payment) Terms & Conditions

Attachment C: overview In General:

• These payment/compensation Articles have very explicit terms and conditions that will not be discussed in this presentation.

• Firms can submit questions regarding those terms and conditions as part of this procurement process. The following slides present an excerpt of some payment requirements.

Attachment C: General Compensation (Payment) Terms & Conditions: Article 2 Labor Compensation Bidder’s labor rates are inclusive of all overhead, indirect costs and profits.

Labor rates are hourly rates that are in effect for 3 years, with adjustments allowed after three years, effective at the beginning of the Commonwealth’s FY (July 1).

Att. C, clause 2.12: Labor Category Definitions

Note To bidders: Labor is compensated based on the work function being performed by the person, not their labor category credentials (resume).

Article 1 General Terms and Conditions for Payment

Article 2 Labor Compensation Terms and Conditions Article 3 Travel, Lodging, Per Diem Article 4 Equipment, Materials and Supplies Article 3 Travel. Lodging, Per Diem Article 4 Subcontractors Article 5 Handling Fee (Markup Rate)

Article 6 Contractor Claims for Payment (Invoices)

General Compensation (Payment) Terms & Conditions

ATTACHMENT C

The contract specified handling fee is 5% on subcontracts and other vendor direct charges to the Contractor. On a subcontract or vendor specific basis the Contractor can request and negotiate a different handling fee with the MassDEP Contract Administrator when the 5% fee may not be appropriate, which will only be allowed after approval.

Likewise, the MassDEP Contract Administrator may authorize an alternative handling fee to be negotiated with the Contractor.

ATTACHMENT D

Instructions for Preparing the Quote Package (Bid-proposal) with Required

Forms

THE QUOTE PACKAGE

Quote Package Formats

The Formats (i.e. required information in form templates, page limitations, type settings, etc) are detailed in Attachment D, Attachment D (INSTRUCTIONS FOR PREPARING AND

SUBMITTING QUOTE PACKAGES) is the cookbook & recipe for preparing the Quote Package.

Quote Package Structure

Section Title SEC. A Cover Sheet

SEC. B N/A

SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case History) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rate Schedule SEC. I Commonwealth Forms & Certifications (6 forms)

-Department Forms -Narratives

- Commonwealth required forms

MassDEP Form Templates

The following slides of MassDEP required forms are presented to provide bidders with guidance on how to complete MassDEP’s “Departmental Forms”.

Section Title SEC. A Cover Sheet

SEC. B N/A

SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case History) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Section Title SEC. A Cover Sheet SEC. B Services Selection Sheet SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case History) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Each “Departmental Form” has detailed instructions for filling in the items for the

RFR Response. This slide displays the instructions for the

Cover Sheet shown as an example of those type of instructions provided for every

Departmental Form.

Section Title SEC. A Cover Sheet

SEC. B N/A

SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case History) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Sections C & D of the Quote Package are not forms but narrative sections and the instructions in the RFR are self-explanatory. These sections have page limits and instructions regarding the content of the narratives.

Section Title SEC. A Cover Sheet SEC. B Services Selection Sheet SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case History) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Department Form E1 is 3 pages (pages 2 and 3 not shown here) used for the individual resumes of the bidder’s key staff. The form is purposely designed to be “short and sweet” to focus on the specific information needed by the MassDEP evaluation team.

The “Brief work history of key person” expands as text is added. The 2nd & 3rd pages of Form E1 have space for adding “Relevant Projects …”

Section Title SEC. A Cover Sheet SEC. B Services Selection Sheet SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case History) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Department Form E2 is one page and is for bidders to list other staff members who are not

“key” personnel but are available for project support on the MIWOSPRS IV contract.

Section Title SEC. A Cover Sheet SEC. B Services Selection Sheet SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case Histories) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Department Form F-1 is one page and is a “Key Personnel Vs. Project

Description Matrix” cross-reference. This table is used by MassDEP evaluators to compare the bidder’s key and other staff listed in Forms E1 & E2 to the projects described in

Form F1.

Section Title SEC. A Cover Sheet SEC. B Services Selection Sheet SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case Histories) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Department Form F-2 is to provide Project

Descriptions so Bidders can demonstrate their firm’s capabilities and experience for the work projects described.

Bidders must submit a minimum of 3 projects and maximum of 5 projects in the Form F-2 response.

Each project description uses a separate Form F-2.

Section Title SEC. A Cover Sheet SEC. B Services Selection Sheet SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case Histories) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Department Form F3 is one page and is for bidders to add other supporting Projects that demonstrate the firm’s experience in performing projects similar to the services needed by MassDEP on the MIWOSPRS IV contract.

Section Title SEC. A Cover Sheet SEC. B Services Selection Sheet SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case Histories) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Department Forms G-1, G-2 and G-3 are the questionnaires and instructions to be submitted to the bidder’s client references for their evaluation of the bidder’s past projects, which will be reviewed by the

MassDEP evaluation team. Once the client references have returned the questionnaires to the bidders, it is the bidder’s responsibility to upload Forms G-1 and G-3 onto COMMBUYS as part of the Quote Package.

Section Title SEC. A Cover Sheet SEC. B Services Selection Sheet SEC. C Proposed Management Approach SEC. D Contractor Technical Capabilities SEC. E Staff Qualifications (Resumes) SEC. F Project Descriptions (Case Histories) SEC. G Past Performance Project Questionnaire SEC. H Proposed Labor Rates and PPE Rates Schedule SEC. I Commonwealth Forms & Certifications (7 forms)

-Department Forms -Narratives (w/page limitations)

- Commonwealth required forms

Department Form H is the pricing form where bidders will enter their proposed labor rates for the

MIWOSPRS IV contract.

The definitions of the labor categories are given in Attachment C that defines the terms and conditions for compensation.

• Commonwealth Standard Contract Form

• Commonwealth Terms and Conditions (Not specifically required submittal because included by reference in the Standard Contract Form)

• Request for Taxpayer Identification Number and

Certification (Mass. Substitute W9 Form)

• Contractor Authorized Signatory Listing

• Supplier Diversity Program Plan Form

• Current Environmentally Preferable Products/Practices

• Prompt Payment Discount Form

The Response to this RFR requires that the Bidder’s submission must include the following forms executed by authorized signatories of the bidding firm.

RFR Submittal Requirements Commonwealth’s

STANDARD CONTRACT

FORM (SCF)

The SCF along with the Commonwealth Terms and Conditions ARE THE

CONTRACT!

Bidders must submit a properly executed SCF to create a valid contract!

It is extremely important that the various company identification entries on the SCF are correct and are the same as other forms submitted.

The critical information that needs to be the same in all forms are:

• Contractor Legal Name

• Legal Address

• Contractor Tax ID #

• Mass Vendor Code

• Billing Address

• Phone #

In some cases, companies may have multiple Mass Vendor Codes (VCs, Tax IDs, legal and billing addresses, etc.) on file with the Commonwealth.

Bidders must ensure that all information (numbers) used are consistent with existing VC selected for MIWOSPRS IV.

Make sure your correct- Contractor Legal Name;

Legal Address;

Tax Identification Number (TIN);

are all exactly the same, and as on SCF

Contractor Authorization Signatory Listing (CASL) Form

The CASL is a 2-page form that must be included in the Quote Package. The second page is NOT optional! Also, whoever signs the SCF must be listed.

Contractor Authorization Signatory Listing (CASL) Form

The Signatory must sign a “wet-ink” version of this form, and that wet-ink version can be scanned and added to your Quote Package as a scanned PDF copy. The Contractor must keep the wet-ink copy if the Contractor is awarded a MIWOSPRS IV contract.

FAQs from The Commonwealth’s Supplier Diversity Office (SDO) for the Supplier Diversity Program (SDP) Link to SDO’s FAQ document online https://www.mass.gov/doc/sdp-frequently-asked-bid-questions/download

The Q&As presented in this link further explain the Supplier Diversity Program

Selected FAQs are presented in next slides, please read all FAQs posted at link above

MIWOSPRS IV PROCUREMENT

https://www.mass.gov/doc/sdp-frequently-asked-bid-questions/download https://www.mass.gov/doc/sdp-frequently-asked-bid-questions/download

What is the Supplier Diversity Program?

Pursuant to Executive Order 599, the Supplier Diversity Program (SDP) requires all bidders to make a significant financial commitment to partnering with partnering with one or more businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

What does the SDP require of my company at the time of bid? All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. On the form, bidders must propose an SDP Commitment percentage and list one or more SDP Partner(s) that will be utilized to meet the bidder’s SDP Commitment.

What is the SDP financial commitment?

Your SDP financial commitment is the percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

What is the minimum percentage I must commit?

The minimum acceptable Total SDP Commitment is 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

If I am already certified as a diverse business, can I list my own company as an SDP partner?

No. Your SDP partner may not be your own company, or its affiliate or subsidiary. It must be a different business.

Is the SDP commitment related to the percentage of all company sales or specific to sales under the blanket contract?

It is specific to sales under the blanket contract.

Do I have to subcontract a portion of my contract to my SDP partner?

No. Subcontracting is not required. Bidders are allowed to use SDP partners to purchase “ancillary products and services,” which are products or services that meet the bidder’s general business needs and are not directly related to the contract with the Commonwealth.

What type of certified businesses are acceptable SDP Partners?

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)

Where can I find SDP partners?

The two primary sources for SDP partners are the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory.

See the Supplier Diversity Program section of the RFR for more information on partnerships acceptable at the time of bid.

Can I discuss my SDP plan with someone before I submit it with my bid?

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. While the SDO will answer general questions about the program, it cannot advise on specific information to be included in your company’s bid.

What does the SDP require of my company if my company is awarded a contract?

All contractors are required to submit regular spending reports to their contracting agency showing that they have met their SDP commitment. SDP commitment compliance is measured on a Massachusetts fiscal year (July 1 – June 30).

SDP reports are due within 45 days of the end of each quarter. The Supplier Diversity Office may contact contractors' SDP partners to verify the accuracy of payments reported.

The Supplier Diversity Program (SDP) Plan Form is a required submittal in your response (Quote Package) to the

MIWOSPRS IV RFR.

Part I is straight forward company information.

Part…

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