DEP.RFR.BWSC.ERIRA.2017.14.5.11.17.docx

THE COMMONWEALTH OF MASSACHUSETTS

executive office of energy and environmental affairs department of environmental protection bureau of waste site cleanup Division of Technical & Financial Support one winter street, 6th floor

BOSTON, MA 02108

Request for Response (RFR)

Document Title: Emergency Response/Immediate Response Action Support Services

COMMBUYS Bid#: BD-17-1045-BWSC0-BWSC1-15649

Agency Document Number: DEP-BWSC-ERIRA-2017-01

May 11, 2017 Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

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

Revised: June 29, 2016

ATTACHMENT 1 – 2017 ER IRA SUPPLEMENTAL TERMS & CONDITIONS

ATTACHMENT 2 – 2017 ER IRA PAYMENT TERMS & CONDITIONS

ATTACHMENT 3 – 2017 ER IRA RFR COVERSHEET

ATTACHMENT 4 – 2017 ER IRA RFR RESUME FORM

ATTACHMENT 5 – 2017 ER IRA RFR PROJECT DESCRIPTION FORM

ATTACHMENT 6 – 2017 ER IRA RFR BUSINESS REFERENCE FORM

ATTACHMENT 7 – 2017 ER IRA LABOR & EQUIPMENT RATE SCHEDULES

Table of Contents Page iii Document Sensitivity Level: High during development; Low once published.

RFR Introduction and General Description Procurement Scope and Description The Commonwealth of Massachusetts, through the Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (MassDEP/BWSC) is seeking to procure the services of qualified technical firms having the multi-disciplinary expertise to provide Emergency Response (ER) and Immediate Response Action (IRA) Support Services as further specified in this solicitation.

Emergency Response Services include the following service categories:

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

Immediate Response Action Support Services include the following service categories:

Immediate Response Action Support Services are those Preliminary Response Actions/Risk Reduction Measures taken over a short term to abate, prevent, or eliminate an imminent or other hazard due to a release or threatened release of oil or hazardous materials. IRA Support Service actions are not intended to secure a final remedy. These services are intended to identify, contain, isolate, remove, or secure a release of oil or hazardous material until such time as conditions at the site can be addressed through further remedial response actions. In addition, contractors in this category may also be tasked to perform Operation and Maintenance services at the location of IRA SUPPORT SERVICES activities.

Information about the Department, the Bureau of Waste Site Cleanup, the Massachusetts Contingency Plan, or other MassDEP programs and regions can be found at: www.mass.gov/dep

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

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

Number of awards This solicitation will establish a master list of qualified ER and IRASS contractors. Contractors selected for the master list will be engaged by MassDEP for individual contract work assignments. Selection for the master list is not a guarantee that an engagement for a contract work assignment will result.

This master list will replace the current list that was established pursuant to RFR BWSC-ERIRA-2012, and which expires on October 10, 2017.

Adding Contractors after initial Contract award If, over the life of the Contract, the Strategic Sourcing Team (SST) determines that additional Contractors should be added, these may first be drawn from qualified companies which 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.

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

Acquisition Method(s) Fee for Service Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

All agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No agreements for services may be executed after the Contract has expired. Any Contract termination or suspension pursuant to this section shall not automatically terminate any agreements for services already in place unless the Department also terminates said agreements for service, which were executed pursuant to the main Contract.

Contract Duration The base period of this Contract is three (3) years, with two (2) additional renewal options of two (2) years each, for a maximum Contract term of seven (7) years if all options are exercised Estimated Value of the Contract Based upon MassDEP’s past experience with Emergency Response and Immediate Response Action projects, the estimated value for the work under this Contract, including all renewal options, is estimated at approximately $10,000,000. The value to individual Contractors for specific projects under this Contract will vary.

The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

Estimated Procurement Calendar

Physical Bidders’ Conference MassDEP’s Central Regional Office (CERO) 8 New Bond Street Worcester, MA 01606

Wednesday, May 24, 2017 at 10:00 A.M.

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

RFR RESPONSES DUE DATE

Tuesday, July 18, 2017, at 4:00 P.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.

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

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

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

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

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

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

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

Bidders’ Conference The Bidders’ Physical Conference will be held on May 24, 2017 at 10 a.m. at MassDEP’s Central Regional Office located at 8 New Bond Street, Worcester, MA 01606. Please enter at the first floor reception area where you will be asked to sign in and be directed to the conference room.

The Bidders Conference is the physical conference conducted by MassDEP for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. The date/time and location of the Bidders Conference is presented in the Estimated Procurement Calendar in Section 2. While Bidders may ask questions for response by MassDEP on an “informal basis” during the conference, Bidders must formally submit questions on COMMBUYS in order to receive MassDEP’s official answers on the COMMBUYS website in accordance with the requirements of Section 2.1 and within the timeframes set forth in the Estimated Procurement Calendar.

minimum mandatory Scope of services; minimum mandatory specifications: Scope of services

NOTE To Bidders: All RFR Responses will be submitted both electronically (through the COMMBUYS posting website) and in hard copy to MassDEP. The electronic and hard copy versions of the RFR Response must be IDENTICAL in content. The official deadline for receipt of the RFR Responses is through the COMMBUYS electronically generated posting (date and time). The Quote must include a cover letter signed in ink (in the hard copy) by an individual having the authority to bind the entity submitting the response to the RFR. Additional requirements for quote submission are set forth in RFR Section 7. Detailed specification content for the Bidders’ RFR Responses are provided in the following sections, and in the Attachments to this solicitation.

Scope of Services Through this solicitation, MassDEP is seeking to establish a list of Contractors who have the capability to perform some or all of the following services. In the RFR Response, Bidders should specify their qualifications and experience with respect to the scope of services categories described below, and include in the RFR Response the specific scope of service sub-section reference(s):

Emergency Response Scope of Services and Requirements

Oil Spill Cleanup and Containment Hazardous Materials Emergency Response

Emergency Response Contractors will be required to provide all emergency services, including personnel, equipment, materials, and all other services and facilities to respond to, contain and clean up sudden spills, releases, or threats of release of oil products or hazardous materials on land, on water, and/or air. At the direction of the Department, the Contractor shall provide those emergency services at any time and at any specified location within the MassDEP region(s) designated by the Contractor in its proposal. Additional Contractor performance requirements are set forth in the Attachment entitled “Supplemental Terms & Conditions.”

In general, the primary emergency response services include: removal, recovery, containment, packaging, transport, storage, or disposal of oil products or hazardous materials.

Additional services to be provided include, but are not limited, to the following:

· the testing and analysis of oil products or hazardous materials and the preservation of such analyses and samples used therein in accordance with chain-of-custody procedures approved by the Department;

· attendance and presentations at meetings with personnel of the Department; other federal, state or local government agencies; or with the public; and testimony in administrative and judicial proceedings in matters pertinent to assessment, containment and removal actions in which the Department is a party;

· measures to assist the Department in cost recovery actions brought under Chapter 21E; and

· if selecting the Hazardous Materials service category, the Contractor or team Subcontractor must have the capabilities to provide limited asbestos removal and disposal. Activities may include emergency containment, stabilization, removal, and/or disposal of uncontained asbestos which is exposed or has been dumped or otherwise improperly disposed in the environment.

Contractors will be selected for specific emergency response jobs from a weekly rotation to be established for each region.

ER Services: Response Time.

Time is of the essence in the execution of Emergency Response Services and the Contractor must demonstrate that it can commence a response action throughout each MassDEP region for which it has applied within two (2) hours of receipt of a mobilization order from the Department, except in the case where the response action is on either Nantucket, Martha's Vineyard, or the Elizabeth Islands, in which case the response action must commence no later than three (3) hours after the receipt of a mobilization order. The response action shall not be deemed to commence until all necessary personnel and equipment are at the location and have begun working as determined by the Department's representative, unless MassDEP authorizes an earlier commencement based on an agreed-upon sequence of arrival of personnel and equipment.

Emergency Response Required Capabilities.

Bidders must be able to demonstrate ownership or control of all necessary emergency response equipment and supplies. The term "control" shall mean that the Bidder has immediate access to the equipment at any time. After Contract award, and as part of the Department’s contract management review process, MassDEP staff may request site visits to verify equipment and other resources. For the purpose of this procurement, Bidders’ required equipment includes, but is not limited to:

Level A personal protection equipment (for bidders selecting the Hazardous Materials service category)

Bidders must possess a current Massachusetts Hazardous Waste Transporter license.

In some instances, the Department may require the services of a Licensed Site Professional (LSP) for work performed under this contract. Bidders must demonstrate the capability to provide this service, either by an LSP on the staff of the Bidder or on the staff of a subcontractor, or through a contractual arrangement.

Emergency Response Desired Capabilities

· Bidders are encouraged to identify any Weapons of Mass Destruction response capabilities.

· Bidders are also encouraged to identify any drone capabilities either by itself or a subcontractor that could be mobilized to an emergency response event to provide aerial video and/or photos.

· Bidders are also encouraged to identify equipment repair capabilities either by itself or through a subcontractor to assist MassDEP in repair and maintenance of MassDEP’s environmental monitoring equipment as well as providing a mechanism for rental of equipment as needed by MassDEP.

Immediate Response Action Support Scope of Services and Requirements

The IRA Support Services component of this contract is designated to provide services that are complementary to MassDEP/BWSC emergency response, operation and maintenance and site assessment and remediation activities. Contractors selected for this category will provide services that are not necessarily emergency services as described above, but which may nevertheless be appropriately undertaken under this contract based on contractor capabilities, applicable State statutes and regulations, and Department guidelines and policies. These services include certain Immediate Response Actions, Operation and Maintenance activities, and other IRA services.

IRA Support Services are those Preliminary Response Actions/Risk Reduction Measures taken over a short term to abate, prevent, or eliminate an imminent or other hazard due to a release or threatened release of oil or hazardous materials. IRA Support Services are not intended to be a final remedy. These services are intended to contain, isolate, remove, or secure a release of oil or hazardous material until such time as conditions at the site can be addressed through further remedial response actions.

The distinction between Emergency Response services as defined above and Immediate Response Action Support Services is that the latter category can be planned and scheduled in advance. Contractors providing IRA Support Services may therefore be required to submit Work and/or Cost Plans detailing the work to be done, the project schedule, and the allowable level of effort and budget.

IRA Support Service categories include but are not limited to, the following:

Other IRA Service Categories:

Other examples of IRA Support Services under this contract, provided either directly or through a specialized team subcontractor, include:

· Limited assessment activities required to determine the presence and/or extent of an imminent hazard.

· Abatement of imminent hazards.

· Limited assessments using ground penetrating radar (GPR).

· Installation and maintenance of fences or other security measures.

· Installation and maintenance of residential point of entry drinking water treatment systems for PFAS, VOCs, etc.

· Landfill restoration, rehabilitation, monitoring and maintenance.

· Equipment repair, maintenance and replacement rental for MassDEP’s environmental monitoring equipment.

· Other environmental work as required by MassDEP.

In some instances, the Department may require the services of a Licensed Site Professional (LSP) for work performed under this contract. Bidders must demonstrate the capability to provide this service, either by an LSP on the staff of the Bidder or on the staff of a subcontractor, or through a contractual arrangement.

IRA Support Service Required Capabilities.

IRA Support Services contractors will be required to provide all personnel, equipment, materials, utilities, sampling, testing, analysis, supervision, and all other necessary services and facilities as directed by MassDEP to implement Immediate Response Actions/Risk Reduction Measures, and to assist the Department in any subsequent cost recovery action brought under Chapter 21E.

Bidders for any or all IRA service categories must demonstrate experience and competency in performing Immediate Response Actions in accordance with the MCP. Bidders will be required to demonstrate that they have adequate equipment resources and personnel, including professional engineers, scientists, licensed tradespersons and field staff, either on staff or through subcontracting arrangements, with expertise in project management and work production to provide the highest quality of services in an effective and timely manner.

Qualified and licensed personnel appropriate to the work type are required where Massachusetts laws and regulations have jurisdiction. Examples include Licensed Wastewater Treatment Plant Operators, Massachusetts registered well drillers, licensed plumbers, electricians and OSHA 1910.120 HAZWOPER Certified personnel.

Bidder Qualifications Bidder qualifications are described in this Section, and all Bidders must complete and submit as part of the RFR Response all required qualifications information listed in Section 7 (How to Submit A Quote). Additional information regarding Contractor performance requirements and Contract specifications are provided in RFR Attachment 1, Supplemental Terms & Conditions, and Attachment 2, Payment Terms & Conditions, and Attachment 7, Labor and Equipment Rate Schedules, to this RFR. The requirements of this Section must be read concurrently and consistently with all other RFR requirements, including all RFR Attachments.

As part of the RFR Response, all Bidders must include a statement of the RFR services that they are qualified to perform, and must demonstrate significant expertise and experience relative to those RFR services. (See, e.g., MassDEP Form Attachment 5 entitled: “Project Descriptions” that demonstrate the Bidder’s Qualifications). Bidders also must demonstrate and affirm in their RFR Response that they have adequate numbers of qualified staff capable of providing quality services effectively and on time. As part of these qualification requirements, all Bidders must demonstrate adequate experience with cost estimating and project scheduling, based upon work performed on prior projects.

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

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

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

· Bidders must demonstrate in their submittal that they are capable of meeting the response time for the region(s) they have designated in their RFR response. ER Service Bidders MUST have equipment under ownership or control available to mobilize to a site within the response time [as referenced in Section 1.1 of the RFR].

· Bidders must be able to work effectively with MassDEP personnel to mobilize to a site, conduct the appropriate response, and complete work efficiently. The Bidder’s organization and structure must be clear and capable of performing the Scope of Services as well as capable of meeting all of the requirements of the contract.

· Bidder’s personnel must have demonstrated experience and competency in performing activities included in the Scope of Services.

· Bidder’s personnel must have the appropriate training and licenses for work to be conducted under the Scope of Services. Personnel must be able to operate the equipment referenced in Section 1.1 in a safe manner.

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

· Bidders must have a Hazardous Waste Transporter license.

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

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

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

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

Immediate Response Action Qualifications Bidders seeking to provide IRA Services must have the following minimum qualifications:

· Bidders must have demonstrated experience, competency and sufficient resources for performing projects identified under the Scope of Services.

· Bidders for any or all IRA service categories must demonstrate experience and competency in performing Immediate Response Actions in accordance with the MCP.

· Bidder’s organizational structure must be clear and must include appropriate staff resources to conduct projects identified under the Scope of Services.

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

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

· Bidders must have a demonstrated commitment and adherence to Quality Assurance and Quality Control requirements and measures.

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

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

Additional Mandatory Terms & Conditions

Commonwealth Standard Forms In addition to meeting all the requirements of this RFR and its Attachments, Bidders must agree to, sign and submit with the responses to this RFR all Commonwealth Standard Forms as detailed in Appendix 3 of the RFR. See RFR Section 7 regarding detailed submission requirements for the Commonwealth Standard Forms.

Supplemental Terms and Conditions After Contract award, the Contractor shall comply with the performance requirements specified in the Supplemental T&Cs of this RFR (Attachment 1).

Payment Terms and Conditions and Rate Schedules After Contract award, the Contractor shall comply with the project cost estimating and invoicing requirements specified in the Payment Terms & Conditions and Labor and Equipment Rate Schedules of this RFR (Attachment 2 and Attachment 7). In addition, all Bidders must submit rate schedules contained in Attachment 7 as part of the RFR response.

Environmental Specifications Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf.

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

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

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

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

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

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

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

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

Compensation Structure/Pricing Contractors will be compensated pursuant to Attachment 2, Payment Terms and Conditions, which are incorporated by reference into this RFR. In addition, Bidders are required to complete and submit as part of the RFR Response Attachment 7, Labor and Equipment Rate Schedules, which will be subject to negotiation and acceptance by the Department, and then finalized as part of the Contract award.

Other Terms

4.1 Contractual Reporting by the Contractor

Contractors 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. For Supplier Diversity Program expenditure report, follow link at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/procurement-prog-and-serv/sdo/sdp/sdp-procurement-resources.html. 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.

4.2 Security and confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency. More specific requirements regarding security and confidentiality are set forth in the Supplemental Terms & Conditions of this RFR (Attachment 1).

4.3 Contract Management (Contractor’s interface with Commonwealth’s Contract Administrator) Following Contract award, all questions must be directed to the MassDEP Contract Administrator. Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the MassDEP Contract Administrator. In some cases additional paperwork will be required to effect the change. More specific requirements regarding contract management are set forth in the Supplemental Terms & Conditions of this RFR (Attachment 1)

MassDEP’s designated Contract Administrator is as follows:

Patrick Hurley MassDEP- BWSC One Winter Street, 6th Floor Boston, MA 02108 Patrick.Hurley@state.ma.us

4.4 Ownership of Intellectual Property under this Contract

By submitting a response to this RFR, Bidders accept and acknowledge that, in conformance with the Commonwealth’s Standard Terms and Conditions, on the date on which the Commonwealth reimburses Contractor for a deliverable accepted by the Commonwealth under the terms of this Contract, all of the Contractor’s right, title and interest in all Property developed by the Contractor under the terms of this Contract solely for purposes of creating the deliverables shall pass to and vest in the Commonwealth, including all copyright, patent, trade secret, trademark and other intellectual property rights created by Contractor in connection with such work and any causes of action relating to or based upon such work (hereinafter the "Commonwealth Property"). Contractor hereby assigns to the Commonwealth, as of the date on which the Commonwealth reimburses Contractor for such deliverables, all intellectual property rights that it may now or hereafter possess in the Commonwealth Property related to such deliverable and all derivative works thereof.

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, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged MassDEP, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6 Evaluation criteria The SST will evaluate the Quotes using the following general process:

Step 1: Initial Screening of Quote: Quotes received by MassDEP within the date and time deadlines will be screened for compliance with completeness and responsiveness to the Quote requirements provided in this RFR, including but not limited the submission of all Commonwealth Standard Forms. MassDEP will use the COMMBUYS date and time as the official Quote time to determine if the deadline was achieved. However, all Bidders are still required to submit both the electronic and hard copies of the Quote by the date/time specified in the Estimated Procurement Calendar in Section 2. MassDEP may disqualify any responses that it determines, in its sole discretion, to be late, incomplete or non-responsive.

Step 2: Supplier Diversity Evaluation of Bidders’ Responses: The Quotes will be reviewed for compliance with the Supplier Diversity Plan (SDP) requirements specified in the RFR. The Department’s SDP staff will evaluate each Bidder’s SDP response, and the scoring of the response to SDP requirements shall account for no less than 10% of the total points in the evaluation.

NOTE: the SDP requirements are a mandatory component of this RFR. Detailed descriptions of the SDP requirements are provided in Appendix 2, and the requirements for SDP submittal with the Quote are provided in Appendix 3.

Step 3: Technical and Management Experience and Capabilities Evaluation:

In General: A panel comprised of MassDEP staff from Boston and the Department’s regional offices will evaluate the qualifications and capabilities of each Bidder to perform the required activities under the contract. This evaluation will emphasize qualifications for each service area as described below. This step may include verification of credentials and stated experience of the Bidder and its subcontractors, and verification of compliance with pertinent professional standards and licensing requirements. The Department may contact individuals other than those listed on reference forms for documentation of any information.

· Evaluation: Emergency Response Services. Responses to this RFR will be reviewed and evaluated by a team comprised of BWSC staff from Boston and BWSC/Emergency Response staff from the four regional offices. The evaluation process will focus on each Bidder’s demonstrated capability to provide Emergency Response services in each service category and region for which it has applied, with an emphasis on the Bidder’s ability to respond to all localities in the region within the prescribed two-hour time limit with personnel and equipment resources as presented in personnel resumes and the equipment list. The Bidder’s previous experience will be reviewed to determine familiarity with Chapter 21E and the Massachusetts Contingency Plan. Based on this evaluation, a limited number of those Bidders deemed most qualified will be selected for each service category and region. The goal will be to select an appropriate number of contractors to meet the perceived needs of the region and maintain a practicable rotation schedule.

· Evaluation: Immediate Response Action Support Services. Responses to this RFR will be reviewed and evaluated by a team comprised of BWSC staff from Boston and the Department’s regional offices to determine the Bidder’s qualifications and capabilities to provide IRA Support Services. The evaluation panel will consider, among other things, the Bidder’s personnel, equipment and other resources; stated experience; and, demonstrated familiarity with Chapter 21E and the Massachusetts Contingency Plan. The process may include reference checks and verification of other information presented by the Bidder. The goal will be to select and make available a pool of qualified contractors sufficient to provide coverage for all IRA service categories.

Step 4: Price Evaluation Rate schedules will be evaluated separately and cost will be heavily weighted in the overall scoring and ranking. MassDEP reserves the right to negotiate and to request best and final offers. Prompt Payment Discounts (PPD) information (refer to Section 9 Appendix 2 RFR Required Specifications) will be evaluated as part of the overall price evaluation.

Step 5: Combined Experience/Capabilities and Pricing Evaluations, and Recommendations for Contract Award. The SST’s final evaluation will include a comparison and final ranking of Bidders based on the experience and capabilities, together with the pricing evaluation, in order to arrive at the best-value Bidders. All Quotes will be evaluated by the Department according to quality and responsiveness including completeness, organization and conciseness. The selected list of Bidders will be forwarded to Department management with the SST’s final recommendations for Contract award.

HOW TO SUBMIT A quote

All Bidders may begin creating and compiling Quote materials as soon as the Bid with all attachments is in the Sent document status. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar, RFR Section 2).

1.

0. Quote Content and General Instructions The Quote must include the following items in the order presented below. In addition, for RFR Response content, all Bidders must comply with the requirements of RFR Section 3.0. If a MassDEP form is provided, it will be accessible to the Bidders via the COMMBUYS website.

1) Section 1: Cover Sheet – [form provided; RFR Attachment 3].

2) Section 2: Company Capabilities & Technical Experience- Provide a narrative describing the company’s capabilities for performing the Scope of Services selected. If proposing for both Emergency Response and Immediate Response Action Services, provide separate descriptions. [No form provided. Page limit is 2 pages if proposing for only one service category, 4 pages if proposing for both ER & IRA categories.]

3) Section 3: Management Approach- Provide a narrative describing the company’s management approach for implementing this Contract, and include the following information:

· Organization Chart for Bidder personnel assigned to the Contract (including subcontractor personnel, if applicable).

· Describe the features of the Bidder’s organization that make it effective and responsive to MassDEP in managing and providing the technical services, and meeting the administrative requirements for planning, controlling and invoicing for the contract.

· Include the Bidder’s point of contact for the contract and their authority for committing the company’s staff and resources to the projects.

· Describe the Bidder’s method for acquiring services from subcontractors. If proposing any subcontractor(s) with this RFR response, provide: 1) the name(s) of the firm(s), 2) the subcontractor address(es), and contact information (including email), and 3) what role the subcontractor(s) will fulfill for implementing the contract obligations.

[No form provided. Page limit is 5 pages if proposing for one service category, limit 7 pages if proposing for both ER & IRA service categories.]

4) Section 4: Technical Response Approach-Provide a narrative describing the company’s approach for providing the qualified technical personnel and the equipment for implementing the contract obligations.

· For an ER response selected category, describe the Bidder firm’s approach to mobilization for a road spill of oil, including how it will mobilize personnel and equipment, the type(s) of personnel and equipment, and the timing of ER response.

· For an IRA project selected category, describe who prepares the work and cost plans, how work and cost plans are prepared, how the firm provides the personnel and equipment required for the project, and the Bidder’s general approach for field management for the project.

[No form is provided for this response Section. Page limit is 4 pages if proposing for only one service category, limit 8 pages if proposing on both ER & IRA service categories.]

5) Section 5: Personnel Resumes: Provide completed resumes for three (3) to seven (7) of your firm’s proposed staff who you believe are qualified to implement the work in the selected category(ies). Enter a resume number in the box in the upper right of the form. [Form provided; RFR Attachment 4. Page limit is 3 pages for each resume.]

6) Section 6: Project Descriptions: Bidders must submit the completed Project Descriptions for five (5) to ten (10) of the company’s completed projects that demonstrate the firm’s capabilities and management of projects pertinent to the Scope of Services for this Contract. Please ensure that the client contacts for each listed project are up to date, including names, titles, telephone numbers and email addresses. [Form provided; RFR Attachment 5. Two page limit per Project Description.]

7) Section 7: Business Reference Form: Provide three (3) business references. Bidders are required to follow these instructions regarding references:

· References should be from clients for whom your company performed similar services as the ER-IRA services required for this Contract.

· References should be for work performed within the past three (3) years.

· Names, addresses, email addresses and phone numbers must be accurate and current. If MassDEP cannot easily contact a reference and receive a reply from the reference within four (4) business days from MassDEP’s initial contact, that…