FINALtoPost_FWE_HazMat_19.docx

The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Department of Fish and Game

Request for Responses (RFR) RFR File Name/Title: Hazardous Materials Screening Services

RFR Number: FWE-HAZMAT-19

COMMBUYS Bid Number: BD-19-1046-COM-COM2-33517

Purchasing Department:

Department of Fish and Game

Address:

251 Causeway Street, Suite 400 Boston, MA 02114

Purchasing Department Team Leader/RFR Contact Person:

Christy Edwards 617-626-1518 christy.edwards@mass.gov

Additional Authorized Departmental Users:

Department of Fish and Game (DFG) Department of Conservation and Recreation (DCR)

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.

Table of Contents

1. RFR INTRODUCTION AND GENERAL DESCRIPTION

Purpose of procurement The Department of Fish and Game and the Department of Conservation and Recreation (collectively, the “Departments”) are seeking qualified vendors to perform preliminary environmental site examinations, provide hazardous materials screening services, and/or hazardous materials remediation services for Department land acquisitions, exchanges, and dispositions.

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

Number of Awards Multiple vendors will be selected for inclusion on a Qualified Contractors List that may then be utilized by all authorized Departments for specific environmental site examination, hazardous materials screening, and/or hazardous materials remediation projects. Criteria and necessary qualifications for inclusion on the Qualified Contractors List are outlined below. The Departments make no guarantee that services will be purchased from a particular vendor on the Qualified Contractors List or that a particular vendor will be utilized by any or all authorized Departments.

This is a rolling enrollment procurement. Bidders may submit a Response (a “Quote” in COMMBUYS) to the specified Purchasing Department up to and including the Bid Opening Date in COMMBUYS. The Purchasing Department may execute a contract with a Bidder that is determined to meet the criteria and necessary qualifications of a Qualified Contractor up to the contract end date.

Eligible Entities - Authorized Departments This is a Multiple Department Procurement/Limited Department User Contract. Any Contracts resulting from this Bid will be open for use by the issuing Purchasing Department (Department of Fish and Game) and the following other Authorized Departments: Department of Conservation and Recreation (DCR). The Purchasing Department will act as the authorized signatory of contracts, as the keeper of the procurement file, and as the primary contact for procurement administration issues. Additional Departments may be authorized to utilize this procurement as needed without a formal amendment to the procurement. Any Department that wishes to be added to the list of authorized Departments must contact the Purchasing Department Team Leader. Vendors on the Qualified Contractors List will be notified if additional authorized Departments are added.

Acquisition Method: Fee for Service

Contract Duration Bidders that have been determined to meet the criteria and necessary qualifications of a Qualified Contractor will execute a Standard Contract Form with the Purchasing Department (Department of Fish and Game).

The resulting contracts can be utilized by all authorized Departments (Department of Fish and Game and Department of Conservation).

The total anticipated duration of the contract is through December 31, 2026 (the contract end date).

Initial Duration

Total Maximum Contract Duration

This is a rolling enrollment procurement. Bidders may submit a Response to the specified Purchasing Department up to and including the Bid Opening Date in COMMBUYS. The Purchasing Department may execute a contract with a Bidder that is determined to meet the criteria and necessary qualifications of a Qualified Contractor up to the contract end date.

The contract end date will be December 31, 2026, regardless of the Effective Start Date of the contract.

Estimated Value of the Contract Based on past procurement volume, an average of 15-20 environmental site examination, hazardous materials screening, and/or hazardous materials remediation products are purchased annually from the list of Qualified Contractors. The Departments make no guarantee that any services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

2. PROCUREMENT CALENDAR

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 on COMMBUYS for Procurement Calendar updates.

Amendment Deadline The Purchasing Department reserves the right to make clarifying 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. The Purchasing Department 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.

3. SPECIFICATIONS AND REQUIRED QUALIFICATIONS

Additional required terms appear in the Appendices to this RFR.

Bidder Qualifications In order for a Bidder to be eligible for inclusion on the Qualified Contractors List for environmental site examination, hazardous materials screening, and/or hazardous materials remediation services, a Bidder:

· Must have at least five (5) years of experience in performing environmental site examination, hazardous materials screening, and/or hazardous materials remediation;

· Must be appropriately licensed to conduct such screenings and/or remediations;

· Must have the ability to perform these service to the satisfaction of the Department;

· Must state in writing their agreement to abide by all terms set out in the RFR and all documents referenced herein; and

· Must provide a certificate of insurance certifying at least one million dollars ($1,000,000) in general liability insurance and one million dollars ($1,000,000) in professional errors and omissions insurance. [Bidders included on the Qualified Contractors list may also be asked to provide a copy of their current certificate of insurance as part of each project specific bid submission.]

Environmental Specifications - Executive Order 515

RFR FWE-HAZMAT-19/COMMBUYS BID #: BD-19-1046-COM-COM2-33517

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.

Compensation Structure/Pricing Required Work Product

3.3.1 – Required Work Product In most cases the required work product for a project specific bid shall include:

1. A completed EOEEA Environmental Site Assessment Form including all of the tasks and inquiries called for therein (Attachment F);

2. A review of all applicable state and federal databases regarding the subject property;

3. A written report (one original and two copies), signed by a Licensed Site Professional (LSP), summarizing the site inspection and findings, and stating whether or not conditions exist or information has been obtained that warrant further examination or testing of the subject property;

4. When further examination or testing of the subject property is recommended by the LSP in the written report, the vendor shall also provide the following:

a. An Addendum to the written report that details the specific tasks/actions recommended by the LSP and an explanation of the specific conditions and/or information that lead to the LSP’s recommendation; and

b. An estimate of the cost to carry out the tasks/actions and report on the results including, at a minimum, the mark-up on lab costs, if any, and hourly rates for staff.

The Department will determine, at its discretion, whether to allow the vendor to proceed with the recommended tasks/actions outlined in the Addendum to the report, or to issue a new project specific bid proposal soliciting bids from other vendors on the Qualified Contractors list.

All work performed for the Departments must be prepared in accordance with the Department’s project specific bid materials and requirements, which are informed by and consistent with the EOEEA Policy for Environmental Site Assessments in effect at the time when the Department’s project specific bid materials and requirements are published (Appendix G). The EOEEA Policy for Environmental Site Assessments is subject to change during the term of the Qualified Contractors List established pursuant to this RFR. Vendors on the Qualified Contractors List will be notified whenever a new EOEEA Policy for Environmental Site Assessments is adopted.

3.3.2 - Project Specific Quotes Anticipated expenditures are subject to project-specific quotes submitted to an authorized Department by vendors on the Qualified Contractors List. When a Department needs professional environmental site examination, hazardous materials screening, and/or hazardous materials remediation services performed on a specific project, one or more vendors from the Qualified Contractors List will be contacted by the Department and informed of any special considerations or instructions for the project. Vendors will be asked to provide a project specific bid and a period of performance for completing the project. All such bids must include all costs associated with the completion of the project, including costs for clerical functions, typing, insurance, telephone, postage, facsimiles, mileage, and other incidental expenses. Costs that are not specifically identified in the vendor’s project specific bid will not be compensated under any project awarded pursuant to this RFR.

The vendor whose project specific bid offers the best value to the Department will be selected for that specific project. The Department’s determination of best value may include consideration of the project specific bids regarding overall cost, period of performance for completing the project, the Department’s determination of a vendor’s suitability to a specific project, and the Department’s prior experience with vendors submitting project specific bids. If none of the project specific bids received meets the Department’s needs, the Department may solicit additional proposals, or award no contract for the specific project.

3.3.3 - Work Product Delivery The time within which the work is to be completed is of primary importance to the Department. Performance of services by the selected vendor shall begin with a written Notice to Proceed from the Department and is expected to be completed within the timeframe specified therein. In the event the environmental site examination, hazardous materials screening, and/or hazardous materials remediation deliverable does not conform to the Department’s project specific bid materials, requirements, and specifications, it shall be returned to the vendor so that it may be revised, amended, or added to without further compensation being paid by the Department, or at the option of the Department, be supplemented or amended via a separate submission by the vendor.

If the selected vendor does not complete the specified work by the agreed upon delivery date, liquidated damages may be assessed against the vendor until the work is delivered. If work delivered to the Department is found not to comply with the standards of performance of the assignment, liquidated damages may be assessed from the date the vendor is notified of the inadequacies until an adequate work product is delivered to the Department.

3.3.4 - Contract Termination A vendor’s contract may be terminated at any time if the quality of the work is unacceptable to the Department or if the Department determines that maintaining the vendor on contract is not in the best interest of the Department. Such a determination will be made on the basis of the consistency of the vendor’s work product with the basic specifications, the quality of vendor’s work product above and beyond basic requirements, and the vendors’ responsiveness to the business needs of the Department.

Additional terms and conditions for payments and compensation can be found in Appendix C (Scope of Services and Additional Terms and Conditions). Appendix C shall be included as an attachment to all contracts executed with vendors in response to this RFR.

4. OTHER TERMS

1.

Supplier Diversity Program (SDP) Requirement Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Understanding that the Departments make no guarantee that any services will be purchased from a particular vendor on the Qualified Contractors List, and the unknown probability that any vendor contract resulting from this RFR will result in financial benefit of $150,000 or more for the individual vendor, the following minimum SDP commitment is required of all vendors on the Qualified Contractor List:

· The vendor shall spend a minimum of 5% (i.e. $7,500 if paid $150,000) on Ancillary Uses or Services of certified SDP firm(s) for each $150,000 paid to the vendor in the aggregate over the course of time that the vendor is on the Qualified Contractors List. [Note: Ancillary uses or services are not directly related to the scope of the contract or the core services or commodities being delivered to the Commonwealth. Ancillary commitments are for use of the certified SDP firm(s) in the operational needs of the vendor.]

· Vendors shall submit a “Supplier Diversity Program (SDP) Plan Form #2 - Declaration of SDP Partner(s)” as well as a “SDP Plan Form #3 - SDP Spending Report” as proof of Ancillary Uses or Services expenditures to the Purchasing Department each time the $150,000 threshold is reached. These form are available at: https://www.mass.gov/lists/osd-forms

· Any expenditure made by the vendor to a qualifying SDP firm(s) for Ancillary Uses or Services at any time during the term of the vendor’s contract may be counted toward this SDP requirement so long as satisfactory documentation of the expenditure(s) is submitted to the Department each time the $150,000 threshold is reached.

· The Procuring Department has the authority to terminate the vendor’s contract if the vendor does not provide proof of Ancillary Uses or Services expenditures each time the $150,000 threshold is been reached.

A listing of certified SDP certified businesses that vendors can utilize to fulfill this SDP requirement is located at: https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx Vendors may propose alternatives to this Ancillary Uses requirement of equivalent or greater financial value in accordance with the Supplier Diversity Program as part of their Response. For more information about alternatives and the Supplier Diversity Program please visit: www.mass.gov/sdp

Electronic Funds Transfer (EFT) Requirement All Bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Unless a Bidder is already enrolled in EFT, Bidders must submit the Authorization for Electronic Funds Payment Form as part of their Response. Any Bidder that is already enrolled in the program should indicate this in their Response.

Additional information about EFT is available on the VendorWeb site: https://massfinance.state.ma.us/VendorWeb/vendor.asp Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the Purchasing Department on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in their Response. The Purchasing Department will consider such requests on a case-by-case basis and communicate the findings with the Bidder.

Prompt Payment Discounts (PPD) Requirement All Bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit the Prompt Payment Discount form as part of their Response.

The requirement to offer Prompt Payment Discounts may be waived by the Purchasing Department on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

The Prompt Payment Discounts offered by the vendor shall apply to all invoiced expenses unless a waiver for a specific out-of-pocket expense (i.e. a recoding fee paid at the Registry of Deeds) has been granted by the Department in writing prior to the expenditure.

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

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.

Bid Management Questions regarding this RFR (”Bid”) should be directed to the Purchasing Department Team Leader. Answers to questions will be posted on COMMBUYS by the Purchasing Department Team Leader.

5. AUDIT

During the term of this Agreement and for a period of six years thereafter, the Department of Fish and Game, 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 the Department of Fish and Game, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6. EVALUATION CRITERIA

In order for a Bidder to be eligible for inclusion on the Qualified Contractors List for environmental site examination, hazardous materials screening, and/or hazardous materials remediation services, a Bidder:

· Must have at least five (5) years of experience in performing environmental site examination, hazardous materials screening, and/or hazardous materials remediation services;

· Must be appropriately licensed to conduct such examinations, screenings, or remediations;

· Must have the ability to perform these service to the satisfaction of the Department;

· Must state in writing their agreement to abide by all terms set out in the RFR and all documents referenced herein;

· Must provide a certificate of insurance certifying at least one million dollars ($1,000,000) in general liability insurance and one million dollars ($1,000,000) in professional errors and omissions insurance; and

· Must agree to meet or exceed the minimum SDP commitment outlined in Section 4.1.

7. HOW TO SUBMIT A RESPONSE

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

A COMMBUYS Vendor Registration job aid is available to assist Bidders in completing COMMBUYS Seller registration.

COMMBUYS Quote Submission Training and Instructions The following resources are provided to assist Bidders in locating Bids and submitting Quote in COMMBUYSs:

· An online job aid on Basic COMMBUYS Navigation and Searching for the Seller Role

· An online job aid on Finding Open and Rolling Enrollment Bids When Logged Into COMMBUYS (RFR FWE-HAZMAT-19 is a rolling enrollment Bid; COMMBUYS Open Market Bid: BD-19-1046-COM-COM2-33517)

· Appendix D, Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which include specific instructions for submitting a Quote to RFR FWE-HAZMAT-19

· An online job aid on How to Create a Quote

· Other COMMBUYS job aids for Vendors can be found at: https://www.mass.gov/service-details/job-aids-for-vendors

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

Website: Go to www.mass.gov/osd/commbuys for a list of available resource Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

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

Bid Opening Date/Time This is a rolling enrollment procurement. Bidders may submit a Response (a “Quote” in COMMBUYS) at any time from the Bid Release Date up to and including the specified date, month, year and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS.

Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. The Purchasing Department is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

COMMBUYS Quote Requirement Bidders should comply with these COMMBUY Quote content requirements:

· Read Appendix D, “Instructions for Vendors Responding to Bids Electronically through COMMBUYS”, which includes specific instructions for submitting a Quote for this RFR

· Select the “See Quote Attachment(s)” box for the one item displayed in the “Items” tab

· UNCHECK the “NO BID” box for the one item displayed in the “Items” tab

· Upload the following documents in the “Attachments” tab:

· A cover letter which expressly states the Bidder’s ability to meet the necessary qualifications listed above and the Bidder’s agreement to abide by all terms set out in the RFR and all documents referenced herein.

· A list of counties/areas within which the Bidder has extensive experience and wishes to be considered for projects, with preferences indicated if appropriate.

· A specific schedule of rates/fees. If selected for inclusion on the Qualified Contractors List, this rate/fee schedule will be included as an attachment to the vendor’s executed contract.

· Resumes of all key personnel that will be working on environmental site examination, hazardous materials screening, and/or hazardous materials remediation services projects and a brief description of their roles in the project.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Additional Response Documents Within 7 days of submitting a COMMBUYS Quote, Bidders must also submit one copy of each of the documents and forms listed below to the Purchasing Department Team Leader at the following address:

Christy Edwards Re: RFR FWE-HAZMAT-19 Department of Fish and Game 251 Causeway Street, Suite 400 Boston, MA 02114

If a Bidder fails to meet any material term, condition, requirement, or procedure, the Response may be deemed unresponsive and disqualified.

7.7.1 One paper copy of the documents that were uploaded to COMMBUYS:

· A cover letter which expressly states the Bidder’s ability to meet the necessary qualifications listed above and the Bidder’s agreement to abide by all terms set out in the RFR and all documents referenced herein.

· A list of counties/areas within which the Bidder has extensive experience and wishes to be considered for projects, with preferences indicated if appropriate.

· A specific schedule of rates/fees. If selected for inclusion on the Qualified Contractors List, this rate/fee schedule will be included as an attachment to the vendor’s executed contract.

· Resumes of all key personnel that will be working on environmental site examination, hazardous materials screening, and/or hazardous materials remediation services projects and a brief description of their roles in the project.

7.7.2 One paper copy of these additional Response documents:

· Proof of current certification/licensure for all key personnel

· If the Bidder has not performed environmental site examination, hazardous materials screening, and/or hazardous materials remediation services for the Department in the last two years, a copy of an environmental site examination, hazardous materials screening, and/or hazardous materials remediation report on one or more parcels of undeveloped “raw” land. Names and similar confidential information may be blacked out; however the report data, analysis, and conclusions must be clear from the visible information.

· Name and contact information of the Project Manager who shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between the Bidder and the Department.

· References, including the names and phone numbers, for 3 clients from the past 12 months.

· Certificates of insurance showing at least one million dollars ($1,000,000) in general liability insurance and one million dollars ($1,000,000) in professional errors and omissions insurance.

7.7.3 One paper copy, with an original ink-signature, of each of the following forms. All forms can be found in the “Attachments” tab of the COMMBUYS Bid:

· Standard Contract Form and Instructions – Bidder’s should only complete sections in the Standard Contract Form marked with a “” By executing the Standard Contract Form, the Bidder certifies under pains and penalties of perjury that he/she has submitted a Response to a Request for Response (RFR) issued by the Department and that this Response is the Bidder’s offer as evidenced by the execution of the Bidder’s authorized signatory, that the Bidder’s Response may be subject to negotiation by the Department, and that the terms of the RFR, the Bidder’s Response, and any negotiated terms shall be deemed accepted by the Department and included as part of the Contract upon execution of the Standard Contract Form by the Department’s authorized signatory.

· Commonwealth Terms and Conditions - The Commonwealth Terms and Conditions shall be incorporated by reference into any Contract for Commodities and Services executed pursuant to this RFR.

· Request for Taxpayer Identification Number and Certification (W-9) - If the Bidder has a Dunn and Bradstreet Universal Numbering System (DUNS) number it should be included in addition to the Bidder’s SSN or EIN.

· Contractor Authorized Signatory Listing – Bidder’s should complete both pages of the form.

· Authorization for Electronic Funds Transfer Form

· Prompt Payment Discount Form

· Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment – the minimum SDP commitment for all vendors is as follows: The vendor shall spend a minimum of 5% (i.e. $7,500 if paid $150,000) on Ancillary Uses or Services of certified SDP firm(s) for each $150,000 paid to the vendor in the aggregate over the course of time that the vendor is on the Qualified Contractors List. Vendors may propose alternatives of equivalent or greater financial value to this Ancillary Uses and Services requirement.

An original ink-signature is required on all forms listed in section 7.7.3. All forms listed in section 7.7.3 must be signed by an individual identified on the Contractor Authorized Signatory Listing form.

Withdrawing a Quote Prior to Bid Opening Date/Time Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote.

After Bid Opening Date/Time No Quote can be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

Prohibition Regarding Contract Terms Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. It is essential for Contracting Departments that all contractors’ Statewide Contracts can be depended upon to incorporate the same terms and only those terms. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

APPENDIX A

Required Terms for all RFRs

General Procurement Information Alterations Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

Ownership of Submitted Quotes The Strategic Sourcing Team (SST) of the Procuring Department shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

Prohibitions Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

Terms and Requirements Pertaining to Awarded Contracts Commonwealth Tax Exemption Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

Contractor’s Contact Information It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

Contractual Status of Orders and Service Contracts Orders or service engagements placed under the Contract established as a result of this Bid by Eligible Entities shall be considered separate Contracts between the Eligible Entity and the Contractor, and shall be deemed to incorporate all of the terms and conditions of the Contract. Nothing contained in any order or service contract shall amend or vary the terms of the Contract. Additional terms which do not conflict with the Commonwealth’s Terms and Conditions, the Massachusetts Standard Contract Form, this Bid and any amendments, or the Bidder’s Quote, may be included in an order or service contract if mutually agreed upon by the Contractor and eligible entity.

Publicity Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

APPENDIX B

RFR - Required Specifications The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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 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.

COMMBUYS Registration. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

· Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Best Value Selection and Negotiation. The Strategic Sourcing Team or SST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and…