MMA_Alumni_Magazine_RFP Final~1.pdf

Massachusetts Maritime Academy

Request for Proposal

Proposal # MMA RFP26-08

Massachusetts Maritime Academy Alumni Magazine Production Services

June 8, 2026

About Massachusetts Maritime Academy

Massachusetts Maritime Academy (the Academy) prepares cadets for leadership careers in engineering, transportation, business, environmental science, and other STEM-related fields, with a distinctive emphasis on the maritime industry and the disciplined leadership development that has defined the Academy since its founding.

Established in 1891, Massachusetts Maritime Academy is one of seven degree-granting maritime academies in the United States and one of nine state universities in the Massachusetts public higher education system.

At Massachusetts Maritime Academy - a public, four-year, co-educational institution

- hands-on learning is the cornerstone of the cadet experience, combining rigorous academics with the structure of a regimented lifestyle, sea terms aboard the training ship, and required internships. The Academy serves as an important educational and economic anchor in the South Coast region of Massachusetts.

Buzzards Bay, Massachusetts is located on the Cape Cod Canal, approximately 60 miles south of Boston. The Academy currently offers seven undergraduate majors and three graduate programs to approximately 1500 undergraduate cadets and approximately 100 graduate students.

Scope of Work

About the Alumni Magazine

Massachusetts Maritime Academy is seeking proposals for the production of The Massachusetts Maritime Academy Magazine, the Academy’s Alumni Magazine. The purpose of the magazine is to communicate news and information regarding Academy programs, events, alumni and faculty updates, and donor and cadet profiles. The target readership is comprised of alumni, prospective students, corporate sponsors, donors, legislators, faculty, staff, and maritime and related industry leaders. The magazine is used as a marketing tool for the Academy and is intended to engender pride (and giving) among approximately 10,000 living alumni while enhancing brand identification of the Academy.

The selected firm will be responsible for overseeing and producing the semi-annual Alumni Magazine that is published in the Spring and Fall (mailed in April and October, annually). The Academy will work in collaboration with the selected vendor to provide content; all content will be subject to approval by the Academy. The selected designer will be asked to work off an existing design template for the magazine.

In addition to the print version, the Academy requires a .pdf version of the final magazine to post online, along with separate .pdfs of individual main stories/articles.

The magazine has a circulation of approximately 15,000. It is currently distributed to:

● alumni

● families of current cadets

● donors

● employers and prospective employers of alumni

● members of the Massachusetts Legislature

● offices of members of the Massachusetts congressional delegation

● Massachusetts state university presidents and key academic leadership

● guidance directors at Massachusetts and targeted high schools

● other maritime industry partners and corporate sponsors

Magazine Table of Contents:

● Table of Contents

● Unnamed Front of Book - quick MMA items (e.g. Sea Term/Experiential

Education updates)

● Mini Feature - longer story with feature photography

● Feature Story(ies) - in-depth story and feature photography spread over six pages

● All Hands on Deck/Back of Book - (happenings around campus; non-feature length athletic stories)

● Honor Roll of Donors (1x/year)

The scope for each issue includes the following:

Creative concept & direction:

● develop overall theme(s) and editorial direction for each issue

● layout and present 2–3 preliminary design directions for the cover + feature story

● maintain Academy brand and style standards

Writing, editing & proofing:

● write and edit feature stories, profiles, and recurring sections

● receive and place all copy provided by the Academy

● manage editorial workflow through final proofs

● implement up to 3 rounds of design/editorial edits

Photography:

● art direct and produce photography (preferred but can be co-managed by client) manage stock photo licensing as needed

Design & layout / File production:

● design and lay out magazine in line with the existing template

● collect and manage production-ready artwork

● prepare production-ready files for printer

● archive and store design and production files

● draft print specifications, including paper recommendations

● review up to 2 rounds of press proofs

● attend/supervise press checks when the piece is printing

Printing, postage & mailing:

● provide printing of the full press run

● coordinate bulk mail, U.S. Postage processing, and delivery of flat mail pieces under non-profit 3rd Class mail

● pay all postage; all mailings/pre-sort to be completed on-site at the printer’s facility and delivered to the bulk mail facility at no cost to the Academy

Mail Preparation & Delivery

Address List: To be provided by Massachusetts Maritime Academy in an Excel file.

Vendor will:

● process to eliminate duplication and fix bad addresses

● mail only one piece per household

● achieve maximum postage discount

● affix barcode for all pieces

● sort, bundle, and bag

● provide Massachusetts Maritime Academy with a receipt for postal charges Delivery to campus: All deliveries to the Academy will go to Central Receiving and must:

● be scheduled in advance with Central Receiving

● include a packing slip

● delivery timeline: Printer must deliver to USPS and to Massachusetts

Maritime Academy no later than seven (7) working days from press approval and ensure delivery during normal business hours..

Project management:

● schedule development/management

● coordinate with client, writer, photographer, and printer

● attend 2–3 in-person or conference meetings per issue

● create and host a project management tool (e.g., BaseCamp) for project(s)

● archive and store design and production files

Specifications

● Size: 8.5 x 11 inches when finished

● Length:

○ Option A: 32 pages plus front and back cover

○ Option B: 36 pages plus front and back cover

● Color: Four-color printing throughout, 4/4 with full bleeds

● Paper: 80# gloss text (Endurance or similar) inside pages and 80# gloss cover

(Endurance or similar)

● Binding: Saddle-stitch or perfect bound (vendor may propose)

● Quantity: Approximately 15,000 per issue (approximately 12,000 to be mailed;

3,000 to be delivered to campus)

● Fold/Bind-in Remit Envelope: 24# white wove wallet flat #9

● Proofs: High-resolution color proofs and high-resolution .pdf

● Press Check: Press checks must be mutually scheduled in advance

Schedule

Issues are mailed in April and October, annually.

Fall Issue

Work kicks off with initial theme and design discussions: April Principal photography on campus: as needed throughout cycle Project sent to printer: September Project printed and mailed: October

Spring Issue

Work kicks off with initial theme and design discussions: October Principal photography on campus: as needed throughout cycle Project sent to printer: March Project printed and mailed: April

Quality Requirements

1) Vendor must have the ability to provide a .pdf version of the magazine that meets state and federal accessibility requirements. The .pdf must be Section 508 compliant. (For reference: https://www.hhs.gov/web/section-508/ making-files-accessible/checklist/.pdf/index.html).

2) Vendor must have a minimum of 3 years of experience in magazine production/graphic design in order to submit a Response to this RFP. Vendors with less than the minimum required experience will be rejected.

3) Vendor shall disclose any use of artificial intelligence in creating deliverables and warrants that all outputs are original, non-infringing, and compliant with third-party intellectual property rights; all facts, quotes, and claims must be independently verified and validated by the Vendor’s editorial staff, and the Academy reserves the right to review and approve or reject such use.

Evaluative Rating Criteria

Years of Experience:

a) Highly Advantageous: Firm has 10 or more years of experience

b) Advantageous: Firm has 5 or more years of experience but less than 10 years of experience

c) Not Advantageous: Firm has 3 or more years of experience but less than 5 years of experience

Quality of Design and Finished Product Based on Required Submittal Samples:

a) Highly Advantageous: Demonstrated ability to create comprehensive, original, and visually appealing publications, consistently using a variety of strong design elements, such as line, color, size and space

b) Advantageous: Demonstrated ability to create quality, large-scale publications, using some strong design elements, such as line, color, size and space

c) Not Advantageous: Poor design samples submitted with little or no original, creative, or visually appealing graphics

Ability to Manage Project from Start to Finish:

a) Highly Advantageous: Dedicated project manager and use of an electronic project management program

b) Advantageous: Point person, designer or otherwise, to oversee project management

c) Not Advantageous: Little project management provided

Rule for Award

The Academy shall award the contract to the “responsive and responsible” vendor who meets all of the quality requirements outlined in this document and who provides the highest-rated Technical Proposal based on the evaluative rating criteria.

The Academy will take into consideration the evaluation of the Price Proposal in its award determination and will award based on the overall proposal that best meets the needs of the Academy. The definitions for “responsible” and “responsive” shall be defined as stated in M.G.L. Chapter 30B, Section 2.

Contract Terms

This will be a three (3)-year contract with two (2) one-year options to renew upon mutual agreement of both parties.

Submission Requirements

It is the sole responsibility of the vendor to submit his/her proposal to the Massachusetts Maritime Academy, Procurement Office contact listed below by mail or hand delivery by the deadline noted below. Any and all proposals received after this time will be considered non-responsive and will be rejected. The Academy is in no way responsible for the cost of developing or delivering any proposal.

Required Proposal Information and Format

Technical Proposal

● Brief transmittal letter.

● Statement of Qualifications which must address ability to meet all the

Minimum Requirements of the RFP and include acknowledgement of Contractual Obligations and Responsibilities included in this RFP.

● Description of Services and Miscellaneous Information

Pricing Proposal

● Cost of each service (must use the Bid Price Proposal attached)

● Other Pricing Information

● All forms, including Contract documents, included in this RFP must be completed and submitted together with the Pricing Proposal.

○ Bidder Information Sheet

○ Certificate of Compliance

○ Certificate of Non-Collusion

○ Business References

○ Certification Regarding Debarment

○ Price Proposal

The Technical Proposal and the Price Proposal must be submitted in separate sealed envelopes, each clearly labeled with the RFP Number: #MMA RFP26-08 and the type of proposal (Technical Proposal and Price Proposal).

Each envelope shall contain:

● - One (1) original hard copy, and

● - One (1) electronic copy provided on a thumb drive.

The thumb drive for each proposal must be enclosed within its corresponding envelope. The Technical Proposal and Price Proposal must remain fully separate to ensure the integrity of the evaluation process.

● The Technical Proposal must respond to all of the Quality Requirements and Rating Criteria outlined above and contain a minimum of three samples of work completed for previous clients. Proposals that do not meet the Quality Requirements will be rejected and not evaluated further.

RFP Timeline

Release of RFP: June 8th, 2026 Submissions of Questions: June 15th, 2026 4PM Response to Questions: June 22nd, 2026 4PM Submission of Proposals: July 10, 2026 2PM Academy Selection July 29, 2026* *This timeframe may be extended by the Academy if more time is necessary for a determination.

Contact Information

Direct all correspondence and questions to:

Massachusetts Maritime Academy Business Office 101 Academy Drive Buzzards Bay, MA 02532

Phone: 508-830-5089 Email: procurement@maritime.edu

Any attempt to contact other individuals at the Academy shall lead to immediate disqualification and the Proposal shall be considered non-responsive. All questions shall be directed to the contact above and the proposal shall be sent to their attention.

Additional RFP Information

COMMBUYS is the electronic marketplace for the Commonwealth of Massachusetts.

This RFP has been distributed electronically using the COMMBUYS system. Bidders are solely responsible for obtaining and completing the required attachments that are identified in this RFP and for checking COMMBUYS for any addenda or modifications that are subsequently made to this RFP or attachments. The Commonwealth and its subdivisions accept no liability and will provide no accommodation to bidders who fail to check for amended RFPs and submit inadequate or incorrect responses. Bidders are advised to check the COMMBUYS posting after the responses to questions have been posted to ensure that they have the most recent information. Bidders may not alter (manually or electronically) the RFP language or any RFP activity files.

The Academy reserves the following rights with respect to this process: to reject any Proposals; to waive any Proposal technicalities or informalities that are not statutory;

to terminate the selection process at any time; to reject any proposal if the Committee determines such proposal does not represent the proposal of a person responsible to perform the work; to not award a contract; to make decisions that are in the best interest of the project; to adjust the process and schedule as needed; and to initiate an alternate selection process.

Please note the following information:

1. The Academy is an agency of the Commonwealth of Massachusetts and is exempt from any state tax.

2. Unless otherwise stated, the unit price shall be the net price. Separate unit and total prices must be shown if applicable.

3. If selected, the vendor must execute the Massachusetts Standard Contract Form, W9, and Commonwealth of Massachusetts Terms & Conditions.

(Attached)

RFP26-08 Required Form Attachment A

Bidder Information Sheet

Company Name:

Size of Company:

Incorporation Status:

Years of Operation:

Contact Individual:

Address:

Telephone Number:

Fax:

E-mail:

____: I have received and reviewed all of the proposal information and attachments to IFB# 26-03

Authorized Signature: Date:

RFP26-08 REQUIRED FORM Attachment B

CERTIFICATE OF COMPLIANCE

WITH STATE TAX LAW AND UNEMPLOYMENT COMPENSATION CONTRIBUITON REQUIREMENTS

Pursuant to M.G.L. Chapter 62C, S 49A, and MGL Ch.151A, Section 19A, I , authorized signatory for

Name & Title

, whose principal place of business is located at do hereby certify under penalties of perjury that the above business has filed all state tax returns and paid all taxes as required by law and has complied with all state laws pertaining to contributions to the unemployment compensation fund and to payments in lieu of contributions.

The Business Organization Social Security Number or Federal Identification Number is

Signed under the penalties of perjury this day of , Authorized Signature

Title

RFP26-08 REQUIRED FORM Attachment C

Certification of Non-Collusion

The undersigned certifies under penalties of perjury that this Bid or Proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Authorized Signature Date

Printed Name of person signing bid or proposal)

(Name of business)

RFP26-08 REQUIRED FORM Attachment D Business References

Please submit a list of three (3) customer references from institutions requesting similar services to those requested as part of this request. References will be checked.

Reference Name: _______________________ Contact Phone #: ____________________ Reference Address: _____________________ Contact Email: ____________________

Description and dates of product or services provided:

Reference Name: _______________________ Contact Phone #: ____________________ Reference Address: _____________________ Contact Email: ____________________

Description and dates of product or services provided:

Reference Name: _______________________ Contact Phone #: ____________________ Reference Address: _____________________ Contact Email: ____________________

Description and dates of product or services provided:

Attach additional details if necessary.

RFP26-08 REQUIRED FORM Attachment E Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

Lower Tier Covered Transactions (Executive Orders 12549 and 12689)

As required by 2 CFR 200 Section 200.326 : For all contracts the non-Federal entity (MMA) shall obtain from the contractor a certification that neither the contractor nor any of its principal employees are listed on the General Services Administration’s List of Parties Excluded from Federal Procurement or Nonprocurement Programs.

Instructions for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," " person," "primary covered transaction," " principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

COMPANY NAME AWARD/BID NUMBER AND/OR

PROJECT NAME

PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE

Price Proposal Form RFP 26-08 MMA Alumni Magazine

Bidder Name ________________________ We propose to enter an agreement with Massachusetts Maritime Academy for production of their Alumni Magazine as stated in RFP26-08:

Contract Year Two 32-Page Issues (Option A + Option A)

One 32 + One 36 Issues (Option A+Option B)

Two 36-Page Issues (Option B + Option

B) Year 1

Year 2

Year 3

Total Base (3 Years, 6 issues)

Optional Years Year 4

Year 5

Pricing is based on two (2) issues per contract year.

Tax Exempt: Bid Response should not include sales tax. The Academy is a tax-exempt agency of the Commonwealth of Massachusetts.

Authorized Signature _____________________ Date ________________

Bidder understands that this proposal shall be good and may not be withdrawn for a period of at least sixty (60) calendar days after the actual date of the opening.

Statewide Contract (OSD or an OSD-designated department.)

Department Procurement - Includes all Grants 815 CMR 2.00.

(Attach Solicitation Notice or RFR, and Response or other procurement supporting documentation.)

Emergency Contract (Attach justification for emergency, scope, and budget.)

Contract Employee (Attach Employee Status Form, scope, and budget.)

Interim Contract with new Contractor (Attach justification for Interim Contract and updated scope/budget.)

Other Procurement Exception (Attach authorizing language, legislation with specific exemption or earmark, and exception justification, scope, and budget.)

Contract Employee (Attach any updates to scope or budget.)

COMMONWEALTH OF MASSACHUSETTS | STANDARD CONTRACT FORM

This form is jointly issued and published by the Office of the Comptroller, the Executive Office for Administration and Finance, and the Operational Services Division as the default contract for all Commonwealth Departments when another form is not prescribed by regulation or policy. The Commonwealth deems void any changes made on or by attachment (in the form of addendum, engagement letters, contract forms or invoice terms) to the terms in this published form or to the Standard Contract Form Instructions and Contractor Certifications, the Commonwealth Terms and Conditions, the Commonwealth Terms and Conditions for Human and Social Services, or the Commonwealth IT Terms and Conditions which are incorporated by reference herein. Additional non-conflicting terms may be added by Attachment.

Contractors are required to access forms at macomptroller.org/forms or mass.gov/lists/osd-forms.

CONTRACTOR INFORMATION COMMONWEALTH INFORMATION

Contractor Legal Name Department Mosaic Department Code d/b/a Contract Manager Name

Legal Address As entered on Form W-9 or Form W-4

Business Mailing Address

Contract Manager Name Billing Address If Different

Phone Fax Phone Fax

Email Email

Vendor Code

VC

Mosaic Transaction ID(s)

Vendor Code Address ID e.g. “AD001”. AD

Note: The Address ID must be set up for Electronic Funds Transfer (EFT) payments.

RFR/Procurement or Other ID Number

NEW CONTRACT CONTRACT AMENDMENT

Procurement or Exception Type (Check one option only)

Collective Purchase (Attach OSD approval, scope, and budget.)

Current Contract End Date PRIOR to Amendment

Amendment Amount Or Enter “No Change”

Amendment Type Check one option only. Attach details of amendment changes.

Amendment to Date, Scope, or Budget (Attach updated scope and budget.)

Interim Contract with Current Contractor (Attach justification for Interim Contract and updated scope/budget.)

Other Procurement Exception (Attach authorizing language/justification and updated scope/budget.)

TERMS AND CONDITIONS

The Standard Contract Form Instructions and Contractor Certifications and the following document are incorporated by reference into this Contract and are legally binding.

Check ONE option:

Commonwealth Terms and Conditions Commonwealth Terms and Conditions for Human and Social Services Commonwealth IT Terms and Conditions

COMPENSATION

Check ONE option.

The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported in the state accounting system by sufficient appropriations or other non-appropriated funds, subject to intercept for Commonwealth owed debts under 815 CMR 9.00.

Rate Contract (No Maximum Obligation). (Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.)

Maximum Obligation Contract. Total maximum obligation for total duration of this contract (or new total if contract is being amended):

Updated 02/23/2026 http://www.macomptroller.org/wp-content/uploads/instructions_standard-contract-form.pdf http://www.macomptroller.org/wp-content/uploads/instructions_standard-contract-form.pdf http://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions.pdf http://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-human-and-social-services.pdf http://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-human-and-social-services.pdf http://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-information-technology.pdf https://www.mass.gov/lists/osd-forms https://www.mass.gov/law-library/815-cmr http://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions.pdf http://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-human-and-social-services.pdf http://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-information-technology.pdf https://www.mass.gov/law-library/815-cmr https://mass.gov/lists/osd-forms https://macomptroller.org/forms

10 days 15 days 20 days 30 days

% PPD.

If YES, the Contractor’s annual SDP commitment for this Contract is

NO If NO, and the department is an Executive Department, enter the appropriate exemption:

Mosaic Transaction ID(s)

PROMPT PAYMENT DISCOUNTS (PPD)

Commonwealth payments are issued through Electronic Funds Transfer (EFT) 45 days from invoice receipt. See Prompt Pay Discounts Policy.

Contractors requesting accelerated payments must identify a PPD as follows:

Payment issued within:

If PPD percentages are left blank, identify reason:

Statutory/legal Ready Payments (M.G.L. c. 29, § 23A) Agree to standard 45-day cycle Only initial payment

BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope of performance or what is being amended for a Contract Amendment.

Attach all supporting documentation and justifications.

SUPPLIER DIVERSITY PROGRAM (SDP) PLAN

Does the Supplier Diversity Program apply?

YES

ANTICIPATED START DATE (Complete ONE option only.)

The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations:

1. may be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred prior to the Effective Date.

2. may be incurred as of , 20 , a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date.

3. were incurred as of , 20 , a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior to the Effective Date are authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are attached and incorporated into this Contract. Acceptance of payments forever releases the Commonwealth from further claims related to these obligations.

CONTRACT END DATE

Contract performance shall terminate as of , 20 , with no new obligations being incurred after this date unless the Contract is properly amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments.

CERTIFICATIONS

Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified above, subject to any required approvals. The Contractor certifies that they have accessed and reviewed all documents incorporated by reference as electronically published and the Contractor makes all certifications required under the Standard Contract Form Instructions and Contractor Certifications under the pains and penalties of perjury, and further agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the applicable Commonwealth Terms and Conditions, this Standard Contract Form, the Standard Contract Form Instructions and Contractor Certifications, the Request for Response (RFR) or other solicitation, the Contractor’s Response (excluding any language stricken by a Department as unacceptable, and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor’s Response only if made using the process outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Response terms result in best value, lower costs, or a more cost effective Contract.

AUTHORIZING SIGNATURE FOR THE CONTRACTOR

Signature and date must be captured at time of signature.

AUTHORIZING SIGNATURE FOR THE DEPARTMENT

Signature and date must be captured at time of signature.

Signature Date Signature Date

Print Name Print Title Print Name Print Title

Updated 02/23/2026 https://www.powerdms.com/public/MAComptroller/documents/1779666 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section23A https://www.mass.gov/law-library/801-cmr

COMMONWEALTH TERMS AND CONDITIONS

Page 1 of 2. TC Issued 10/25/19

This Commonwealth Terms and Conditions form is jointly issued by the Executive Office for Administration and

Finance (ANF), the Office of the Comptroller (CTR) and the Operational Services Division (OSD) for use by all Commonwealth of Massachusetts (“State”) Departments and Contractors. Any changes or electronic alterations by either the Department or the Contractor to the official version of this form, as jointly published by ANF, CTR and OSD, shall be void. Upon execution of the Standard Contract Form these Commonwealth Terms and Conditions will be incorporated by reference. Performance shall include services rendered, obligations due, costs incurred, commodities and deliverables provided and accepted by the Department, programs provided or other commitments authorized under a Contract. A deliverable shall include any tangible product to be delivered as an element of performance under a Contract. The Commonwealth is entitled to ownership and possession of all deliverables purchased or developed with State funds. Contract shall mean the Standard Contract Form issued jointly by ANF, CTR and OSD.

1. Contract Effective Start Date. Notwithstanding verbal or other representations by the parties, the effective start date of performance under a Contract shall be the later of the date the Contract was executed by an authorized signatory of the Contractor, the date the Contract was executed by an authorized signatory of the Department, the date specified in the Contract, or the date of any approvals required by law or regulation.

2. Payments And Compensation. The Contractor shall only be compensated for performance delivered and accepted by the Department in accordance with the specific terms and conditions of a Contract. All Contract payments are subject to appropriation pursuant to M.G.L. c. 29, § 26, or the availability of sufficient non-appropriated funds for the purposes of a Contract, and shall be subject to intercept pursuant to M.G.L. c. 7A, § 3 and 815 CMR 9.00. Overpayments shall be reimbursed by the Contractor or may be offset by the Department from future payments in accordance with state finance law. Acceptance by the Contractor of any payment or partial payment, without any written objection by the Contractor, shall in each instance operate as a release and discharge of the State from all claims, liabilities or other obligations relating to the performance of a Contract.

3. Contractor Payment Mechanism. All Contractors will be paid using the Comptroller’s payment system unless a different payment mechanism is required. The Contractor shall timely submit invoices and supporting documentation as prescribed in a Contract. The Department shall review and return rejected invoices within fifteen (15) days of receipt with a written explanation for rejection. Payments shall be made in accordance with the bill paying policy issued by the Office of the Comptroller and 815 CMR 4.00, provided that payment periods listed in a Contract of less than forty-five (45) days from the date of receipt of an invoice shall be effective only to enable a Department to take advantage of early payment incentives and shall not subject any payment made within the forty-five (45) day period to a penalty. The Contractor Payroll System shall be used only for Individual Contractors who have been determined to be Contract Employees as a result of the Department’s completion of an Internal Revenue Service SS-8 form in accordance with the Omnibus Budget Reconciliation Act (OBRA) 1990, and shall automatically process all state and federal mandated payroll, tax and retirement deductions.

4. Contract Termination Or Suspension. A Contract shall terminate on the date specified in a Contract, unless this date is properly amended in accordance with all applicable laws and regulations prior to this date, or unless terminated or suspended under this Section upon prior written notice to the Contractor. The Department may terminate a Contract without cause and without penalty, or may terminate or suspend a Contract if the Contractor breaches any material term or condition or fails to perform or fulfill any material obligation required by a Contract, or in the event of an elimination of an appropriation or availability of sufficient funds for the purposes of a Contract, or in the event of an unforeseen public emergency mandating immediate Department action. Upon immediate notification to the other party, neither the Department nor the Contractor shall be deemed to be in breach for failure or delay in performance due to Acts of God or other causes factually beyond their control and without their fault or negligence.

Subcontractor failure to perform or price increases due to market fluctuations or product availability will not be deemed factually beyond the Contractor’s control.

5. Written Notice. Any notice shall be deemed delivered and received when submitted in writing in person or when delivered by any other appropriate method evidencing actual receipt by the Department or the Contractor. Any written notice of termination or suspension delivered to the Contractor shall state the effective date and period of the notice, the reasons for the termination or suspension, if applicable, any alleged breach or failure to perform, a reasonable period to cure any alleged breach or failure to perform, if applicable, and any instructions or restrictions concerning allowable activities, costs or expenditures by the Contractor during the notice period.

6. Confidentiality. The Contractor shall comply with M.G.L. c. 66A if the Contractor becomes a “holder” of “personal data”. The Contractor shall also protect the physical security and restrict any access to personal or other Department data in the Contractor’s possession, or used by the Contractor in the performance of a Contract, which shall include, but is not limited to, the Department’s public records, documents, files, software, equipment or systems.

7. Record-keeping And Retention, Inspection Of Records. The Contractor shall maintain records, books, files and other data as specified in a Contract and in such detail as shall properly substantiate claims for payment under a Contract, for a minimum retention period of six (6) years beginning on the first day after the final payment under a Contract, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving a Contract. The Department shall have access, as well as any parties identified under Executive Order 195, during the Contractor’s regular business hours and upon reasonable prior notice, to such records, including on-site reviews and reproduction of such records at a reasonable expense.

8. Assignment. The Contractor may not assign or delegate, in whole or in part, or otherwise transfer any liability, responsibility, obligation, duty or interest under a Contract, with the exception that the Contractor shall be authorized to assign present and prospective claims for money due to the Contractor pursuant to a Contract in accordance with M.G.L. c. 106, § 9-318. The Contractor must provide sufficient notice of assignment and supporting documentation to enable the Department to verify and implement the assignment. Payments to third party assignees will be processed as if such payments were being made directly to the Contractor and these payments will be subject to intercept, offset, counter claims or any other Department rights which are available to the Department or the State against the Contractor.

9. Subcontracting By Contractor. Any subcontract entered into by the Contractor for the purposes of fulfilling the obligations under a Contract must be in writing, authorized in advance by the Department and shall be consistent with and subject to the provisions of these Commonwealth Terms and Conditions and a Contract. Subcontracts will not relieve or discharge the Contractor from any duty, obligation, responsibility or liability arising under a Contract. The Department is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party.

10. Affirmative Action, Non-Discrimination In Hiring And Employment. The Contractor shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section26 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter7A/Section3 https://www.mass.gov/regulations/815-CMR-9-debt-collection-and-intercept https://www.mass.gov/regulations/815-CMR-4-late-penalty-interest https://malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66A https://www.mass.gov/executive-orders/no-195-vendor-contracts https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Article9/Section9-318

COMMONWEALTH TERMS AND CONDITIONS

Page 2 of 2. TC Issued 10/25/19 handicap, sexual orientation or for exercising any rights afforded by law. The Contractor commits to purchasing supplies and services from certified minority or women-owned businesses, small businesses or businesses owned by socially or economically disadvantaged persons or persons with disabilities.

11. Indemnification. Unless otherwise exempted by law, the Contractor shall indemnify and hold harmless the State, including the Department, its agents, officers and employees against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement or other damages that the State may sustain which arise out of or in connection with the Contractor’s performance of a Contract, including but not limited to the negligence, reckless or intentional conduct of the Contractor, its agents, officers, employees or subcontractors. The Contractor shall at no time be considered an agent or representative of the Department or the State. After prompt notification of a claim by the State, the Contractor shall have an opportunity to participate in the defense of such claim and any negotiated settlement agreement or judgment.

The State shall not be liable for any costs incurred by the Contractor arising under this paragraph. Any indemnification of the Contractor shall be subject to appropriation and applicable law.

12. Waivers. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any way limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach.

13. Risk Of Loss. The Contractor shall bear the risk of loss for any Contractor materials used for a Contract and for all deliverables, Department personal or other data which is in the possession of the Contractor or used by the Contractor in the performance of a Contract, until possession, ownership and full legal title to the deliverables are transferred to and accepted by the Department.

14. Forum, Choice of Law And Mediation. Any actions arising out of a Contract shall be governed by the laws of Massachusetts, and shall be brought and maintained in a state or federal court in Massachusetts which shall have exclusive jurisdiction thereof. The Department, with the approval of the Attorney General’s Office, and the Contractor may agree to voluntary mediation through the Massachusetts Office of Dispute Resolution (MODR) of any Contract dispute and will share the costs of such mediation. No legal or equitable rights of the parties shall be limited by this Section.

15. Contract Boilerplate Interpretation, Severability, Conflicts With Law, Integration. Any amendment or attachment to any Contract which contains conflicting language or has the effect of a deleting, replacing or modifying any printed language of these Commonwealth Terms and Conditions, as officially published by ANF, CTR and OSD, shall be interpreted as superseded by the official printed language. If any provision of a Contract is found to be superseded by state or federal law or regulation, in whole or in part, then both parties shall be relieved of all obligations under that provision only to the extent necessary to comply with the superseding law; provided however, that the remaining provisions of the Contract, or portions thereof, shall be enforced to the fullest extent permitted by law. All amendments must be executed by the parties in accordance with Section 1 of these Commonwealth Terms and Conditions and filed with the original record copy of a Contract as prescribed by CTR. The printed language of the Standard Contract Form, as officially published by ANF, CTR and OSD, which incorporates by reference these Commonwealth Terms and Conditions, shall supersede any conflicting verbal or written agreements relating to the performance of a Contract, or attached thereto, including contract forms, purchase orders or invoices of the Contractor. The order of priority of documents to interpret a Contract shall be as follows: the printed language of the Commonwealth Terms and Conditions, the Standard Contract Form, the Department’s Request for Response (RFR) solicitation document and the Contractor’s Response to the RFR solicitation, excluding any language stricken by a Department as unacceptable and including any negotiated terms and conditions allowable pursuant to law or regulation.

IN WITNESS WHEREOF, the Contractor certifies under the pains and penalties of perjury that it shall comply with these Commonwealth Terms and Conditions for any applicable Contract executed with the Commonwealth as certified by their authorized signatory signing the Standard Contract Form.

COMMONWEALTH OF MASSACHUSETTS

COMMONWEALTH TERMS AND CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS

UPDATED – July 1, 2025

This Commonwealth Terms and Conditions for Information Technology Contracts (“IT Terms and Conditions”) form is jointly issued by the Executive Office of Technology Services and Security (EOTSS), the Executive Office for Administration and Finance (A&F), the Office of the Comptroller (CTR) and the Operational Services Division (OSD) for use by all Commonwealth of Massachusetts (“State”) Departments and Contractors to govern Contracts subject to the object codes for information technology, as defined by the Office of the Comptroller’s Expenditure Classification Handbook, or other Contracts as expressly approved in writing by EOTSS, A&F, OSD, and CTR. Any changes by either the Department or the Contractor to this form shall be void. These IT Terms and Conditions will be incorporated by reference into this Contract for IT commodities or services executed by the Contractor and Department, in the absence of a superseding law or regulation requiring a different contract form.

For purposes of these IT Terms and Conditions, “Performance” shall include, but shall not be limited to, services rendered, obligations due, costs incurred, commodities and Deliverables provided and accepted by the Department, programs provided, or other commitments authorized under a Contract. A “Deliverable” shall include, but shall not be limited to, any tangible or intangible product, good, or service to be provided by the Contractor to the Commonwealth as an element of Performance under a Contract. The Commonwealth is entitled to ownership and possession of all Deliverables purchased or developed with funds paid by the State. The Commonwealth’s possession, installation, or use of proprietary IT commodities or services, developed by a Contractor for the open market without the use of State funds, shall not transfer title or ownership thereof to the Commonwealth. A “Contract” shall mean, in the following order of priority: (i) these IT Terms and Conditions; (ii) the Standard Contract Form issued jointly by A&F, CTR and OSD, and the Standard Contract Form Instructions and Contractor Certifications; (iii) the Request for Response (RFR) or applicable solicitation document, as it may be amended by the Department; (iv) the Contractor’s response to the RFR or applicable solicitation document, as it may be amended by the Department and Contractor, including any negotiated terms and conditions allowable pursuant to law or regulation; (v) a solicitation created by the Department for a particular engagement such as a Request for Quote (RFQ), as it may be amended by the Department; (vi) any negotiated terms and conditions governing a particular engagement, as expressly agreed to in writing between the Department and the Contractor; and (vii) the Contractor’s response to the Department’s solicitation.

1. Contract Effective Start Date Notwithstanding any verbal or other representations by the parties, the effective start date of Performance under a Contract shall be the latest of: the date the Contract was executed by an authorized signatory of the Contractor, the date the Contract was executed by an authorized signatory of the Department, the date specified in the Contract, or the date of any approvals required by law or regulation.

2. Payments And Compensation The Contractor shall only be compensated for Performance delivered and accepted by the Department in accordance with the specific terms and conditions of a Contract. The Department may, in its sole discretion, agree to pre-payment for subscription-based IT commodities or services for a term length as specified in the Contract. All Contract payments are subject to appropriation pursuant to M.G.L. c. 29, § 26, or the availability of sufficient non- appropriated funds for the purposes of a Contract and shall be subject to intercept pursuant to M.G.L. c. 7A, § https://www.macomptroller.org/expenditure-classification-handbook/ https://www.macomptroller.org/expenditure-classification-handbook/

3 and 815 CMR 9.00. Overpayments shall be reimbursed by the Contractor or may be offset by the Department from future payments in accordance with state…