MassDOT Weather Services RFR.pdf

REQUEST FOR RESPONSE MassDOT Weather Forecasting & Analysis Services

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

Request for Response (RFR)

Document Title: MassDOT Weather Forecasting & Analysis Services

Agency Document Number: 131974

COMMBUYS Bid#: BD-26-1030-0H100-0H011-119942

August 13, 2025

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at OSDHelpdesk@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

https://www.mass.gov/doc/legal-holiday-calendar-for-state-employees/download?_ga=2.145424689.462359365.1746538510-1895896813.1725987281&_gl=1*1xm1lts*_ga*MTg5NTg5NjgxMy4xNzI1OTg3Mjgx*_ga_MCLPEGW7WM*czE3NDY1NDk4MzAkbzExMCRnMSR0MTc0NjU1MDkxNiRqMCRsMCRoMA..

https://www.mass.gov/doc/legal-holiday-calendar-for-state-employees/download?_ga=2.145424689.462359365.1746538510-1895896813.1725987281&_gl=1*1xm1lts*_ga*MTg5NTg5NjgxMy4xNzI1OTg3Mjgx*_ga_MCLPEGW7WM*czE3NDY1NDk4MzAkbzExMCRnMSR0MTc0NjU1MDkxNiRqMCRsMCRoMA..

Table of Contents Page ii

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 APPLICABLE PROCUREMENT LAW

1.3 ESTIMATED PROCUREMENT CALENDAR

1.3.1 SUBMISSION OF BID QUESTIONS

1.3.2 BID AMENDMENT DEADLINE

1.3.3 LATE BIDS WILL NOT BE CONSIDERED

1.3.4 ORAL PRESENTATIONS/PRODUCT DEMONSTRATIONS

1.4 ADDITIONAL BID INFORMATION

1.4.1 ANTICIPATED CONTRACT DURATION:

1.4.2 ESTIMATED VALUE OF THE CONTRACT

1.4.3 ESTIMATED NUMBER OF AWARDS

1.4.4 CONTRACT RENEWAL

1.4.5 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.4.6 RFR SUBMISSION CHECKLIST

1.4.7 ACQUISITION METHOD(S):

1.4.8 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 BUSINESS BACKGROUND

3.1.2 YEARS IN THE INDUSTRY OF THE BID

3.2 EMPLOYEE AND/OR BUSINESS TECHNICAL/BUSINESS EXPERIENCE, CERTIFICATIONS, LICENSES 4

3.3 INSURANCE REQUIREMENTS

3.4 FINANCIAL STABILITY INCLUDING BANKRUPTCY, LITIGATION AND CONTRACT

3.4.1 CERTIFICATE OF FINANCIAL GOOD STANDING

3.4.2 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

3.5 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

4 SCOPE OF SERVICES AND DELIVERABLES

4.1 ENVIRONMENTAL SPECIFICATIONS

4.1.1 EXECUTIVE ORDER 515, ESTABLISHING AN ENVIRONMENTAL PURCHASING POLICY

4.2 COMPENSATION STRUCTURE/PRICING

4.2.1 COST TABLES

4.2.2 PROMPT PAY DISCOUNT

5 SMALL BUSINESS PURCHASING PROGRAM

5.1.1 PROGRAM BACKGROUND

5.1.2 SBPP AWARD PREFERENCE

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5.1.3 SBPP PARTICIPATION ELIGIBILITY

5.1.4 SBPP COMPLIANCE REQUIREMENTS

5.1.5 PROGRAM RESOURCES AND ASSISTANCE

6 EVALUATION CRITERIA

6.1 MANDATORY REQUIREMENTS

6.2 DESIRABLE SPECIFICATIONS

6.3 EVALUATION COMPONENTS

6.4 BEST VALUE SELECTION AND NEGOTIATION

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

7.1 ELECTRONIC SIGNATURES

7.2 ACCEPTABLE FORMS OF SIGNATURE

7.3 LIMITS AND RESTRICTIONS

7.3.1 FILE SIZE LIMITS

7.3.2 FILE FORMAT RESTRICTIONS

7.3.3 FILE NAMING CONVENTIONS

7.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

7.4.1 QUOTE CONTENT

7.4.2 NON-COLLUSION

7.4.3 MULTIPLE QUOTES

7.4.4 WITHDRAWING A QUOTE

PRIOR TO BID OPENING DATE/TIME

AFTER BID OPENING DATE/TIME

7.4.5 BIDDER’S CONTACT INFORMATION

7.4.6 OWNERSHIP OF SUBMITTED QUOTES

7.4.7 PROHIBITIONS

7.4.8 PROHIBITION REGARDING CONTRACT TERMS

7.4.9 PUBLIC RECORDS LAW

7.4.10 REASONABLE ACCOMMODATION

8 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

8.1 REQUIRED FORMS

8.1.1 CHANGES TO CONTRACTOR’S INFORMATION

8.1.2 CONTRACTUAL STATUS OF ORDERS AND SERVICE CONTRACTS

8.1.3 PUBLICITY

8.2 PERFORMANCE MEASURES

8.2.1 AUDIT

8.3 PAYMENT RELATED TERMS

8.3.1 BILL PAYMENT

8.3.2 LATE PAYMENT FEES

8.3.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.3.4 TAX EXEMPTION

9 RFR APPENDICES

Table of Contents Page iv

9.1 APPENDIX 1: REQUIRED TERMS FOR ALL RFRS

9.1.1 GENERAL PROCUREMENT INFORMATION

9.1.2 TERMS AND REQUIREMENTS PERTAINING TO AWARDED CONTRACTS

9.2 APPENDIX 2: REQUIRED TERMS FOR ALL INFORMATION TECHNOLOGY RFRS

9.2.1 ENTERPRISE POLICY AND STANDARDS

9.2.2 COMMONWEALTH EXECUTIVE DEPARTMENT - ACCESSIBILITY CONTRACT LANGUAGE FOR

INFORMATION TECHNOLOGY SOLUTIONS

9.3 APPENDIX 3: INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

9.4 APPENDIX 4: DELIVERABLE DETAILS

9.4.1 1. PROVIDE A FULL STAFF OF EXPERIENCED METEOROLOGISTS

9.4.2 2. PROVIDE TECHNICAL RESOURCES TO PRESENT WEATHER INFORMATION VIA A WEBSITE

9.4.3 3. PROVIDE/SUPPORT A MOBILE WEATHER SERVICE PHONE APPLICATION

9.4.4 4. PROVIDE PHONE CONSULTATION/SUPPORT SERVICES

9.4.5 5. PROVIDE AN ONLINE COMMUNICATIONS FORUM SIMILAR TO AN INTERNET BLOG

9.4.6 6. PROVIDE EMAIL REPORTS ON CURRENT AND FUTURE WEATHER FORECASTS

9.4.7 7. PROVIDE WEATHER WARNINGS IN CASES WHERE LOCALIZED CONDITIONS POSE A THREAT

9.4.8 8. PROVIDE MONTHLY PRESENTATIONS (VIA A WEB-LINK & PHONE CALL)

9.4.9 9. PROVIDE YEARLY TRAINING SERVICES

RFR MassDOT Weather Forecasting & Analysis Services COMMBUYS BID NUMBER BD-26-1030-0H100-0H011- 119942 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Massachusetts Department of Transportation (MassDOT) are soliciting Bidders for the acquisition of Weather Analysis and Weather Forecasting services. MassDOT is requesting proposals to provide a complete weather analysis and weather forecasting service (including a fully staffed weather center) and utilizing the MassDOT’s Roadway Weather Information Systems (RWIS).

Responding bidders must meet the minimum specifications for weather analysis and weather forecast in addition to other specified requirements within this RFR.

1.2 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)

1.3 Estimated Procurement Calendar

Action Date

Bid Release Date August 13, 2025

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

August 20, 2025

Official answers for Bid Q&A published (Estimated)

August 25, 2025

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training.

Dates and Times Available:

August 28, 2025

1:00 PM – 2:00 PM EDT

September 9, 2025

10:00 AM – 11:00 AM EDT

Bid Amendment Deadline. Bid documents will not be amended after this date.

August 27, 2025

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

September 18, 2025 Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

October 6, 2025

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

November 1, 2025

Note: See Appendix 3, "Instructions for Vendors Responding to Bids Electronically through COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

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1.3.1 Submission of Bid Questions

The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

1.3.2 Bid Amendment Deadline

Although Bidders may submit quotes any time after the Bid Release Date and prior to the Bid Opening Date, Bidders should ensure that their quotes are based upon the final versions of the RFR and its attachments. Final versions of RFR and its attachments are available after the Bid Amendment Deadline date.

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 accept 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. At the SST’s discretion, the Bid Amendment Deadline may be extended. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.3.3 Late Bids will not be Considered

Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

1.3.4 Oral Presentations/Product Demonstrations

Selected Bidders who are asked to participate in Oral Presentations / Product Demonstrations will be expected to prioritize this in their schedules. MassDOT will make every effort to find a mutually convenient time for the Bidder and MassDOT. However, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points, or other action that MassDOT deems appropriate.

1.4 Additional Bid Information

1.4.1 Anticipated Contract Duration:

The initial term of this Contract is five (5) years and 8 months. In addition, this Contract has one (one) option to renew of up to four (4) years with a maximum possible contract duration of 9 years and 8 months.

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

1.4.2 Estimated Value of the Contract

The estimated annual value of the contract resulting from this bid is $150,000 annually. The Department of Transportation makes no guarantee that any commodities or services will be purchased from any Contract

119942 Page 3 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.

1.4.3 Estimated Number of Awards

The target maximum number of Contractors is 1. The SST may award more or fewer contracts, if it is in the best interests of MassDOT to do so.

1.4.4 Contract Renewal

Contract renewals will be offered at the sole discretion of The Department of Transportation. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, meeting agreed upon key performance indicators and other performance measures, and adequate sales volume.

1.4.5 Adding Contractors after initial Contract Award

MassDOT and the SST may determine during the life of this contract that additional Contractors are necessary to meet Buyer’s needs and/or to obtain additional products or services. Additional Contractors may first be drawn from qualified Bidders which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain Quotes from additional Bidders. Contract reopening will be offered at the sole discretion of MassDOT.

1.4.6 RFR Submission Checklist

The Strategic Sourcing Team sees to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist.

1.4.7 Acquisition Method(s):

Check All Applicable (“X”):

Category

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

1.4.8 Entities Eligible to Use the Resulting Contract

Any contract resulting from this Bid will be open for use only by MassDOT and the Massachusetts Bay Transportation Authority (MBTA).

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

MassDOT seeks weather data and forecasting services. The selected vendor must: combine the existing Road Weather Information System (RWIS) data, perform information compiling, and perform weather forecasting services and present all information in a single source that utilizes an easy-to-use product/platform. It is required that flooding forecasts are part of this product/platform. A list of deliverables can be found in Section 4 and Appendix 4.

3 BIDDER QUALIFICATIONS

3.1 Company experience

3.1.1 Business background

Bidders must provide a narrative describing their history in the weather forecasting and data services industry as well as highlighting major projects similar to the ones described in this RFR.

3.1.2 Years in the industry of the Bid

Bidders must have been in the business of providing weather forecasting and data services for at least the three most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

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In the case of companies formed fewer than three years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

3.2 Employee and/or business technical/business experience, certifications, licenses As outlined in Appendix 4, Meteorological staff proposed by the bidder must be employed by the bidder and have an average of 10 years’ experience. Subcontracting is not allowed under this RFR.

3.3 Insurance Requirements

Bidder shall confirm that they are capable of meeting the following minimum insurance requirements by providing a certificate of insurance as part of their bid response with the following:

• Commercial General Liability insurance in the amount of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Coverage shall be provided on a first dollar basis without a deductible.

• Automobile Liability insurance in the amount of $1,000,000.00 per accident, bodily injury and property damage combined. Coverage shall include owned, non-owned and hired liability.

• Umbrella coverage in the amount of $5,000,000.00 per occurrence and $5,000,000.00 in the aggregate.

Coverage should provide excess over the primary lines of coverage: Commercial General Liability, Automobile Liability and Employer’s Liability.

• Coverage A Workers’ Compensation: statutory as required by Massachusetts law.

• Coverage B Employer’s Liability: (i) bodily injury by accident $1,000,000.00 each accident, (ii) bodily injury by disease $1,000,000.00 each employee and (iii) bodily injury by disease $1,000,000.00 policy limit.

• Professional Liability coverage: Professional Liability subject to a minimum limit of $2,000,000.00 per claim and $2,000,000.00 in the aggregate. The retention should not exceed $25,000.00.

All policies shall have a minimum AM Best Rating of A-IX and MassDOT shall be named as an additional insured and provide coverage on a primary and non-contributory basis on all policies except for Workers’ Compensation. All policies shall contain a waiver of subrogation in favor of MassDOT and the Workers’ Compensation policy shall be specifically endorsed to provide such waiver.

3.4 Financial stability including bankruptcy, litigation and contract

3.4.1 Certificate of Financial Good Standing

Bidders must provide a Certificate of Financial Good Standing from the Department of Revenue (DOR).

For out of state Bidder: if a certificate from DOR is not available, Bidder must provide documentation/ justification to be reviewed by the SST. The SST reserves the right to request additional information/ clarification.

3.4.2 Bankruptcy, litigation, and contract defaults

Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

3.5 References and reference information and/or requirements

As a part of their bid submission, Bidders must submit at least three (3) business reference letters. It is required that references be from those customers with whom the Bidder has held contracts of a similar nature or scope as per the scope of this RFR. One of the three references should be from a State or Government agency. Reference letters must include, at a minimum, the duration of services provided, a description of the scope of work performed, and any additional details that demonstrate the relevance and quality of the services delivered. The SST reserves the right to contact any or all references to validate the information submitted.

4 SCOPE OF SERVICES AND DELIVERABLES

The list below is an overview of the deliverables required in response to this bid solicitation. Details on each deliverable can be found in Appendix 4.

1. Provide the services of a weather center which is staffed around-the-clock with experienced meteorologists.

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2. Provide the required weather data on an informational website to include the following:

• This website shall display, for MassDOT, current, accurate forecasts with precipitation-timing maps. The maps shall depict a single-frame statewide view of anticipated weather conditions for the next twenty-four (24) hours, with superimposed timelines for precipitation start times.

• Provide/display radar images, in rich detail and in a high-quality mosaic, utilizing the NEXRAD (WSR-88D) Doppler radar system. The images shall depict current as well as “future” projections – ninety (90) minutes forward – broken into five (5) minute intervals.

• Provide expertise and integrate existing (and continuous) data from MassDOT RWIS equipment to supplement and enhance the presented and forecasted information.

3. Provide an integrated mobile weather service application available for all smartphones (IPhones & Androids). This service shall provide the same information included in an online platform in an easy-to-use, convenient format.

4. Provide phone consultation/support services to answer forecast and weather-detailed questions during established (seasonal) times throughout the year. While service demand may fluctuate, vendors should anticipate potential peak times when call volumes may increase significantly. These peak periods are not expected to be sustained year-round but may require flexible staffing and responsiveness to accommodate temporary surges in activity.

5. Provide an online communications forum, similar to an internet blog, where MassDOT personnel can ask weather related questions directly to the Vendor’s team of meteorologists.

6. Provide email reports of current and future weather forecasts on a regular schedule. The reports/summaries shall contain regional-specific (i.e. sub-District) information and forecasts.

7. Provide periodic weather warnings, via email and phone calls, in specific cases where localized weather conditions pose a threat within any of the six (6) MassDOT Districts. Warnings would be required when weather conditions threaten safe travel. Anticipated or unexpected but observed snow, frost, dense fog and flooding are examples of such conditions. The weather forecaster will have access to MassDOT’s RWIS data.

8. Provide monthly presentations (via a web-based conference link & phone call) which summarize on-going weather trends, give statistical information, furnish forecasting details, and give Q&A opportunities. This presentation shall be recorded and made available to MassDOT within 48 hours of the end of the presentation.

9. Provide training materials for the DOT’s use to supplement our yearly pre-winter, snow & ice staff training. This material should consist of a “PowerPoint” and/or video presentation that both (1) introduces the weather platform and services to new workers and (2) presents a refresher for the staff that is returning to the program with previous experience. The materials will become MassDOT’s property for internal use during and after each season.

4.1 Environmental Specifications

4.1.1 Executive Order 515, Establishing an Environmental Purchasing Policy

In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example:

Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594:

Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://malegislature.gov/Bills/192/S9 https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government

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4.2 Compensation Structure/Pricing

Vendors should provide pricing options that are most advantageous to MassDOT, typically provided in the form of a subscription-based service. Proposals must include detailed pricing for the initial contract term, as well as anticipated pricing for any renewal periods that may be exercised.

4.2.1 Cost tables

Compensation will be based solely on the cost proposals or catalogs supplied by the Bidder and accepted by the SST and incorporated into a contract award.

4.2.2 Prompt Pay Discount

All Bidders 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 agreeable terms on the Prompt Payment Discount Form, included on the Bid, unless otherwise specified by the SST. The SST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST 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 the Bidder’s Quote.

5 SMALL BUSINESS PURCHASING PROGRAM

5.1.1 Program Background

The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

5.1.2 SBPP Award Preference

While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SST’s best value evaluation criteria.

5.1.3 SBPP Participation Eligibility

To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

5.1.4 SBPP Compliance Requirements

It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

5.1.5 Program Resources and Assistance

Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage or contact the SBPP Help Desk at sbpp@mass.gov.

https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov

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6 EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

6.1 Mandatory requirements

Mandatory Specifications must be met for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components that may be evaluated by the SST. The SST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or may be easily corrected.

Bid sections that include terms such as: “must,” “shall,” “will,” and “required” are mandatory. Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

6.2 Desirable specifications

Desirable specifications will be scored according to the Evaluation Criteria.

RFR specifications prefaced with language such as: “desirable,” “could,” ”may,” ”should,” “preferably,” “prefers,” “suggested,” and ”requested” identify a desirable or discretionary item or factor that is considered by the Purchaser to be “desirable.” The Purchaser has listed all desirable specifications which will receive points in the evaluation criteria.

6.3 Evaluation Components

The following components will be some of the criteria considered by the SST when evaluating each Quote:

• Bidder’s demonstrated ability to meet the requirements of the RFR.

• Bidder’s proven experience providing weather services, forecasting and reporting

• References

• Qualifications of key personnel

• Price: Please note that price will carry a significant weight in the evaluation process. The following price components will be evaluated:

o Annual or monthly service/subscription fees o Prompt Pay Discounts (PPD)

6.4 Best Value Selection and Negotiation

The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR.

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 3.

7.1 Electronic Signatures

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

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7.2 Acceptable Forms of Signature

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

7.3 Limits and Restrictions

7.3.1 File Size Limits

The system will not accept files that approach or exceed 500 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. Note the naming convention used in section named “File Naming Conventions” which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc.

7.3.2 File Format Restrictions

All scanned documents must be in .pdf or .gif format and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, must be completed, and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

7.3.3 File Naming Conventions

Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [] some systems apply when files are downloaded from the Internet.

RFR Section or Quote Component

Description Enter in COMMBUYS during upload

File Name Assign when creating files

Bidder Checklist Company Name Bidder Checklist CompanyName_BidderChecklist.doc Bidder Response Form

Company Name Bidder Response Form CompanyName_BidderResponseForm.doc

Price File Company Name Price File CompanyName_PriceFile.pdf Certificate of Insurance

Company Name Insurance CompanyName_Insurance. pdf

Certificate of Good Standing

Company Name Good Standing CompanyName_GoodStanding. pdf

Reference Letters (3)

Company Name Reference Letters (3) CompanyName_ReferenceLetters3.pdf

Prompt Pay Discount

Company Name PPD CompanyName_PPD.doc

7.4 General Quote Requirements, Provisions, and Prohibitions

7.4.1 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.

7.4.2 Non-Collusion

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.

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7.4.3 Multiple Quotes

Unless otherwise instructed by the RFR, Bidders may not submit Multiple Quotes in response to a Bid. 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.

7.4.4 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 in COMMBUYS.

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

7.4.5 Bidder’s Contact Information

It is the Bidder’s responsibility to monitor the email address provided in the Quote for the Bidder’s contact person.

The SST may need to contact the Bidder’s contact person with clarification requests or for other reasons. The SST and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with the Bidder’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.

7.4.6 Ownership of Submitted Quotes

The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this RFR. 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 the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a read-only copy of this submission via their COMMBUYS account, if their account is active.

7.4.7 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 if this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

7.4.8 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.

Contracting Departments expect that all Statewide Contracts incorporate the same terms and conditions and only those terms and conditions. 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.

7.4.9 Public Records Law

All Quotes and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26. Any statements in submitted Quotes that are inconsistent with these statutes shall be disregarded.

7.4.10 Reasonable Accommodation

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit

119942 Page 10 a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

8 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

The requirements below are specific to the Contract, if any, awarded as a result of this Bid.

8.1 Required Forms

DO NOT SUBMIT THESE FORMS UNTIL INSTRUCTED TO DO SO. The Commonwealth of Massachusetts requires Contractors apparent successful bidders to submit the following forms:

• Standard Contract Form (watermarked version attached for reference)

By executing this document, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation by the SST. Also, 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 this document by the State Purchasing Agent or his designee.

If the Bidder does not have a Vendor Code beginning with “VC” or does not know their Vendor Code , the Bidder should leave the Vendor Code field blank. The Bidder should NOT enter a Vendor Code assigned prior to May 2004, as new Vendor Codes have been assigned to all companies since that time.

• Commonwealth Terms and Conditions (signing the Standard Contract Form signifies acceptance of the Commonwealth Terms and Conditions) (watermarked version attached for reference)

If the Bidder has executed and filed the appropriate Commonwealth Terms and Conditions form pursuant to another RFR or Contract, a copy of this form may be included in . If the Bidder’s name, address, or Tax ID Number have changed since the Commonwealth Terms and Conditions form was executed, a new Commonwealth Terms and Conditions form is required. The Commonwealth Terms and Conditions are hereby incorporated into any Contract executed pursuant to this RFR.

This form must be unconditionally signed by one of the authorized signatories (see Contractor Authorized Signatory Listing, below), and submitted without alteration. If the provisions in this document are not accepted in their entirety without modification, the entire Proposal offered in response to this Solicitation may be deemed non-responsive.

The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Request for Taxpayer Identification and Certification Number (Mass.

Substitute W9 Form).

• Contractor Authorized Signatory Listing

In the table entitled “Authorized Signatory Name” and “Title,” type the names and titles of those individuals authorized to execute contracts and other legally binding documents on behalf of the Bidder. Bidders are advised to keep this list as small as possible, as Contractors will be required to notify the Procurement Manager of any changes. If the person signing in the signature block at the bottom of the first page of this form also will serve as an “Authorized Signatory,” that person’s name must be included in the typed table.

With regard to the next paragraph, which begins “I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk, or Legal Counsel for the Contractor…,” if your organization does not have these titles, cross them out and handwrite the appropriate title above the paragraph.

The second page of the form (entitled “Proof of Authentication of Signature”) states that the page is optional.

However, the “optional” aspect of the form is that Commonwealth Departments are not required to use it. In the case of Statewide Contracts, however, this page is required, not optional. The person signing this page must be the same person signing the Standard Contract Form, the Commonwealth Terms and Conditions, and the RFR Checklist.

https://www.mass.gov/lists/osd-forms

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Please note that in two places where the form states “in the presence of a notary,” this should be interpreted to mean “in the virtual presence of a notary or corporate clerk/secretary.” Either a notary or corporate clerk/secretary may authenticate the form; only one is required.

Organizations whose corporate clerks/secretaries authenticate this form are not required to obtain a Corporate Seal to complete this document.

• Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form)

If a Bidder previously submitted a Request for Taxpayer Identification and Certification Number (Mass.

Substitute W9 Form) and has received a valid Massachusetts Vendor Code, an original W-9 form is not required. A copy of the form as filed may be included. If the Bidder’s name, address, or Tax ID Number have changed since the Mass. Substitute W9 Form was executed, a new Mass. Substitute W9 Form is required.

The information on this form will be used to record the Bidder’s legal address and where payments under a State Contract will be sent. The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions.

Please do not use the U.S Treasury’s version of the W9 Form.

• Electronic Funds Transfer Sign Up Form

Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature version of the Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing must be submitted for each new contract with the Commonwealth. Please note that the Commonwealth deems void any changes made on or by attachment to the terms in any of these published forms and that, by submitting a bid in response to this RFR, the bidder agrees that they will sign these forms if notified that they are an apparent successful bidder. Please refer to section 7.2 Acceptable Form of Signature.

8.1.1 Changes to Contractor’s information

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 Commonwealth Contract Manager. In some cases, additional paperwork will be required to effect the change.

8.1.2 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.

8.1.3 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, addresses, or other information except as specifically authorized by the SST.

8.2 Performance Measures

Vendors must meet all contractual requirements throughout the life of the contract to remain in good standing under the contract. Vendor performance will be evaluated on an on-going basis and will be utilized in determining whether to extend the contract.

8.2.1 Audit

During the term of this Agreement and for a period of six years thereafter, the Department of Transportation, its auditors, the Operational Services Division, the Office of the Inspector General, the Office of the Attorney General, 119942 Page 12 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 underreported Sales, then the Vendor shall be responsible for payment of the costs associated with the audit.

8.3 Payment Related Terms

8.3.1 Bill Payment

All invoices issued pursuant to this contract are payable in accordance with the Comptroller’s Bill Payment Policy:

https://www.powerdms.com/public/MAComptroller/documents/1779647

8.3.2 Late Payment Fees

Late Payment fees may be assessed only as authorized by the Office of the Comptroller:

https://www.mass.gov/doc/815-cmr-4-late-penalty-interest/download

8.3.3 Electronic Funds Transfer (EFT)

All Awarded Contractors must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. Additional information about EFT is available on the Comptroller’s VendorWeb site located at: https://massfinance.state.ma.us/VendorWeb/vendor.asp

Upon notification of award, Contractors are required to enroll in EFT by completing and submitting the “Authorization for Electronic Funds Payment Form” to the SST for review, approval and forwarding to the Office of the Comptroller, unless already enrolled in EFT. This Form shall be supplied to the vendor upon contract award.

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.

8.3.4 Tax Exemption

Payment vouchers or invoices submitted to Massachusetts government entities must not include sales tax.

9 RFR APPENDICES

Appendix 1: Required Terms for all RFRs

Appendix 2: Required Terms for all INFORMATION TECHNOLOGY RFRs

Appendix 3: Instructions for Vendors Responding to Bids Electronically through COMMBUYS

Appendix 4: Deliverables Details

9.1 APPENDIX 1: Required Terms for all RFRs

9.1.1 General Procurement Information

9.1.1.1 Access to security-sensitive information

Bidders agree to adhere to this section if an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure.