MSBA_RFR_AccRepDesign_2024_Clean (1).pdf

Request for Responses

Massachusetts School Building Authority

Address: 40 Broad Street, Suite 500, Boston, MA 02109

Web Address: http://www.massschoolbuildings.org

RFR File Name/Title: Accelerated Repair Design Services

RFR File Number: MSBA-RFR-AccRepDesign-2024

RFR Contact Person: Siobhan Tolman, Procurement and Contracts Manager -siobhan.tolman@massschoolbuildings.org

SECTION I. SUMMARY

The Massachusetts School Building Authority (the “MSBA”) is seeking to select “Designers”, as defined by M.G.L. Chapter 7C, Section 44, to provide professional design and construction administration services to eligible Massachusetts cities, towns, and regional school districts (collectively, the “Districts”) that will be invited to participate in the MSBA’s Accelerated Repair Program (the “Program”) for the replacement of exteriors windows/doors and the replacement or restoration of roofing thereby increasing energy efficiency in otherwise sound educational facilities.

Based upon its review of Designer responses to this Request for Responses (“RFR”), the MSBA’s Designer Selection Panel (the “DSP”) is expected to select approximately 15-20 Designers to provide designer services on Accelerated Repair projects over a term of three years. The MSBA, however, reserves the right to select a different number. The MSBA anticipates that the selection of Designers by the DSP for participation in the Program will occur on or about July 23, 2024. All proposed Accelerated Repair projects shall be subject to the approval of the MSBA’s Board of Directors (the “Board”) to advance into Schematic Design.

For roof projects, Designers will be responsible to complete an evaluation at Schematic Design to determine potential solar zone areas of the existing roof as well as the scope and estimated cost to make identified roof areas solar zone ready. In addition, for roof projects, Designers will complete an analysis at Schematic Design to determine the viability of roof restoration. An evaluation by the Designer will include analysis of the existing roof’s condition. See Section I. Item B. for further information.

Following Schematic Design, all proposed Accelerated Repair projects shall be subject to further Board approval of the scope, budget, and schedule, and shall also be subject to the availability of local funding. The MSBA expects that all projects approved by the Board for participation in the Program shall receive authorization for a Project Funding Agreement by http://www.massschoolbuildings.org/ mailto:siobhan.tolman@massschoolbuildings.org

MSBA-RFR-AccRepDesign-2024 2 the Board no later than 12 months after the Board’s approval of invitation, unless otherwise described in the Board’s project invitation.

Please note that Designers selected by the DSP for the Program are not guaranteed assignment to any specific number of Accelerated Repair projects or to any project at all. Further, it should be noted that a selected Designer may be assigned to one or more projects participating in the Program, as determined by the MSBA. The selection of Designers pursuant to this RFR is solely for the purposes of the Program, and any such selection shall have no bearing on the selection of a Designer for projects that are not part of the Program. The MSBA reserves the right, within its sole discretion, to remove any Designer from consideration for any future assignments. The MSBA also reserves the right, within its sole discretion, to modify the assignment process outlined in Section V. paragraph F of this RFR as it deems advisable to best meet the objectives of the Program.

A Designer that is assigned to a project shall enter into a contract with the district, using the MSBA’s standard Contract for Designer Services (MSBA Accelerated Repair Program) and Contract for Designer Services Amendment (Attachment C). The MSBA reserves the right to modify these documents, as necessary, to align with the scope requirements of a particular project more closely. For each project, the District will provide the Designer with a specific project scope, an estimated construction budget, and a schedule for completion. Pursuant to M.G.L. c. 7C, s. 6 and M.G.L. c. 149, s. 44A(2)(G), the Designer will be required to provide regular reports of the gender and race/ethnicity of employees engaged in work under a contract, for both prime and subconsultants, in the form and format required by the District, including but not limited to, by electronic reporting through the requested means and with the frequency required by the District.

The total number of Districts and projects that may be invited into the Program between 2024 and 2026 has not been determined. The total number of projects will be determined after the MSBA completes a review of the building deficiencies identified by Districts in their Statements of Interest. Only those Statements of Interest voted into the Program by the MSBA’s Board will be eligible for participation in the Program.

Between 2018 and 2022, the annual budget for the Program has ranged from approximately $50 million in grants to $75 million in grants. After a temporary pause in the Program in 2023, the MSBA Board of Directors voted to reopen the Program in 2024 with an increased estimated budget of $150 million following the approval of the Commonwealth’s FY 24 Budget, which provides that grant amounts related to the Program shall not be calculated as part of the MSBA’s Annual Cap limit, as set forth in Section 7 of Chapter 70B of the General Laws. For additional information, please refer to the October 25, 2023, Board of Directors memorandum, “MSBA Accelerated Repair Program Recommendations”, which details the recommendations specific to the Program. The memorandum can be found at www.massschoolbuildings.org under “Accelerated Repair Program” located within the “Our Programs & Initiatives” tab.

For Statements of Interest submitted by Districts applying for the 2024 Program, the qualifying age criteria for windows will be 30 years and the qualifying age criteria for roofs will be 25 years. Depending on the volume of qualifying Statements of Interest, the MSBA may have to introduce additional or more limiting factors to maintain the annual Program budget. Given the proposed budgetary growth of the Program, the MSBA will commence biennial Statement of Interest openings (every two years) for the Program beginning in 2025.

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Districts will file Statements of Interest biennially and MSBA staff will review invitations for windows/doors and roofs based on a budget of $300 million (representing two years’ worth of projects).

The table provided indicates the number of Districts and projects that have participated in the Program since 2012:

Repair Program Districts Schools Total Project Costs Maximum Facility Grants

2012 Accelerated 24 36 $63,009,653 $38,267,952

2013 Accelerated 25 45 $94,650,790 $54,662,551

2014 Accelerated 34 47 $108,410,084 $65,388,035

2015 Accelerated 24 43 $136,680,652 $91,974,052

2016 Accelerated 28 48 $156,598,234 $83,007,586

2017 Accelerated 19 34 $117,030,307 $73,280,673

2018 Accelerated 20 30 $83,172,480 $47,018,557

2019 Accelerated 24 38 $85,180,989 $52,047,959

2020 Accelerated 18 25 $81,731,451 $43,329,550

2021 Accelerated 15 26 $109,602,763 $59,925,011

2022 Accelerated 12 27 $86,949,136 $55,301,436

Further details regarding these projects and additional Program information can be found at www.massschoolbuildings.org under the “Accelerated Repair Program” located within the “Our Programs and Initiatives” tab.

To facilitate schools moving toward Massachusetts’ goal for net-zero carbon emissions by 2050, the MSBA will be contracting with a consultant in July 2024 to evaluate existing public K-12 schools to determine scope, schedule, and cost factors to convert existing buildings to heat pumps for heating and cooling, while also removing dependency on fossil fuels, and/or to otherwise assist the MSBA with services associated with developing programmatic processes to fund heat pump conversion projects within the Program. This study will be done in lieu of offering boiler replacements as part of the 2024 Program. The MSBA anticipates including heat pumps as an option as part of the 2025 Statement of Interest opening. The MSBA will conduct a future procurement for Accelerated Repair Design Services to assign Designers to projects invited to complete heat pump projects.

Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Minority and Woman Business Enterprise (M/WBE), Veteran Business Enterprise (VBE), Service- Disabled Veteran-Owned Business Enterprise (SDVOBE), Disability-Owned Business Enterprise, Lesbian, Gay, Bisexual or Transgender Business Enterprise (LGBTBE), Minority Nonprofit Organization (M/NPO), Women Nonprofit Organization (W/NPO) or Minority and Women Owned Non-Profit Organization (M/W/NPO) are encouraged to submit their qualifications, and Designers must agree to comply with all requirements established pursuant to the provisions of M.G.L. Chapter 7C, Section 6 and Governors’ Executive Orders. Please see Section V.(D.)(7.) for additional information.

A. OBJECTIVES

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To properly support the schedules required for roof and window/door projects in the Program, the MSBA is streamlining the selection and assignment of OPMs and Designers.

The objective of this RFR is to select a pool of Designers who have demonstrated experience working within aggressive schedules on multiple simultaneous projects, including repairs and phased renovations of occupied buildings that qualified under the Massachusetts Stretch Energy Code and/or the International Energy Conservation Code.

B. SCOPE OF SERVICES

The required scope of services is set forth in the MSBA’s standard Contract for Designer Services (MSBA Accelerated Repair Program) and Contract for Designer Services Amendment (Attachment C). The MSBA reserves the right to modify these documents to more closely align with the scope and schedule requirements of projects in the Accelerated Repair Program. Unless specifically excluded, the Designer’s Basic Services shall include all investigative work (to the extent provided for in the Contract), design work, preparation of construction documents, bidding period administration, construction administration, construction closeout, and other related work reasonably inferred in the opinion of the District and the MSBA as being necessary to meet the project’s stated scope and goals.

The eligible project scope for the 2024 Program is limited to the replacement of windows/doors and the replacement or restoration of roofs that have reached minimum years of service. The MSBA reserves the right to adjust the minimum years of service during each Program year. The projected cost of a proposed project must exceed $250,000. Hazardous materials abatement is ineligible for reimbursement, unless the MSBA determines, in its sole discretion, that it is directly associated with the approved project scope. Facilities in need of extensive repair or renovation work such as HVAC, electrical or plumbing upgrades, interior space renovations, educational space updates, or additions to address overcrowding, are ineligible for participation in the Program.

Existing building conditions and estimated project cost may necessitate a Designer to determine the applicability of 521 CMR for a project. Such determination will be completed during the Schematic Design phase by the Designer. Projects will not be recommended for Project Funding Agreement approval by the MSBA’s Board unless the scope, budget, and schedule in the Schematic Design submission to the MSBA includes all ADA upgrades necessitated by 521 CMR. If the District wishes to pursue a variance from the Massachusetts Architectural Access Board (“MAAB"), a copy of the approved variance and the ADA upgrades required by the variance must be included in the Schematic Design. The MSBA will not accept Schematic Design submissions inclusive of a proposed variance for timed relief after the substantial completion of the invited scope. Work required by CMR 521 and any approved variance must be constructed in coordination with the window/door and/or roof project and therefore must be completed by the substantial completion of the invited project scope.

For roof projects, Designers will be responsible to complete an evaluation at Schematic Design to determine potential solar zone areas of the existing roof as well as the scope and estimated cost to make identified roof areas solar zone ready. The evaluation will include the potential need to upgrade the existing electrical capacity of the building as well as the structural capacity of the roof to support future solar panels.

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In addition, for roof projects, Designers will complete an analysis at Schematic Design to determine the viability of roof restoration. An evaluation by the Designer will include analysis of the existing roof’s condition. The roof should be tested for water damage to identify sections of the roof in need of full replacement as opposed to those areas in need of isolated repairs. A viable roof restoration solution will be expected to qualify for warranty coverage that extends 20 years from the date of restoration. If, as a result of this analysis, the District determines roof restoration is the preferred solution then the scope of roof restoration shall include, but not be limited to, a thorough cleaning of the existing roofing surface followed by a fluid-applied surfacing application that restores and extends the roof’s waterproofing.

The MSBA’s evaluation of Statements of Interest and the estimated scope and cost of the potential projects, among other things, will be considered by the MSBA in determining the actual number of projects voted into the Program by the MSBA’s Board for participation in the Program. Some Districts may qualify for multiple projects in the Program.

C. FEES

The fee for each project in the Program will be negotiated between the District and the Designer based on the specific project scope, estimated construction budget, scope of services, and timeline for completion of the work. If the District is unable to negotiate an acceptable fee with the assigned Designer, the District may request that the MSBA assign another Designer for fee negotiations.

SECTION II. MSBA BACKGROUND

Chapter 208 of the Acts of 2004 established the Massachusetts School Building Authority.

The MSBA is an independent public authority not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency, or political subdivision of the Commonwealth. The MSBA’s Board consists of the State Treasurer, who serves as chair, the Secretary of Administration and Finance, the Commissioner of Education, and four additional members appointed by the State Treasurer.

Before the establishment of the MSBA, the Department of Education administered and managed the former school building assistance program. Chapter 208 eliminated the former program and created a new program for school building construction, renovation and repair projects (the “Program”), administered by the MSBA. The new Program assists cities, towns, regional school districts and independent agricultural and technical schools to finance school building projects. The MSBA has adopted regulations necessary to administer the Program and to review and approve applications for reimbursement for school building construction projects.

For more detailed information about the MSBA and the MSBA’s grant program please visit our website at www.massschoolbuildings.org and refer to Massachusetts General Laws Chapter 70B, Chapter 208 of the Acts of 2004, and 963 CMR 2.00 et seq.

SECTION III. GENERAL INFORMATION

All terms, conditions, requirements, and procedures included in this RFR must be met for a Response to be qualified as responsive. The MSBA reserves the right to waive or permit cure

MSBA-RFR-AccRepDesign-2024 6 of non-material errors or omissions. The MSBA reserves the right to modify, amend, or cancel the terms of this RFR at any time. All Responses must be submitted in accordance with the specific terms of this RFR. Responses to this RFR must be submitted by the deadline in electronic format to the email address specified in Section IV. (2.).

Respondents should receive an email confirming receipt of submission. If Respondents do not receive a confirmation email, Respondents are encouraged to contact Siobhan Tolman at Siobhan.Tolman@MassSchoolBuildings.org in advance of the submission deadline.

A. SPECIFICATIONS

1. Respondent Communication. All communication regarding this RFR must be in writing via email to the contact person designated in Section III (B) of the RFR. Any individuals and/or firms that intend to submit a Response are prohibited from contacting any employee of the MSBA other than the contact person regarding this RFR. Failure to observe this rule will result in disqualification. Furthermore, no other individual MSBA employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR and the MSBA shall not be bound by any such unauthorized provision of information or response. Respondents should notify in writing via email the contact person for this RFR in the event that the RFR appears incomplete or if the Respondent is having trouble obtaining any required attachments electronically through COMMBUYS or from the MSBA’s website.

2. Reasonable Accommodation. Respondents who seek reasonable accommodation because of disabilities or other hardship, which may include the receipt of RFR information in an alternative format, may communicate such requests in writing to the contact person. Accommodation requests will be addressed on a case-by-case basis.

3. Public Records. All Responses and related documentation and information submitted in Response to this RFR are subject to the Massachusetts Public Records Law, M.G.L. c. 66, §10; c. 4, §7(26)(h), regarding public access to such documents.

Any statements in submitted Responses that are inconsistent with the provisions of these statutes will be void and disregarded. Respondent agrees that the MSBA shall not be liable under any circumstances for the subsequent disclosure of any information submitted to it by Respondent pursuant to this RFR and/or in connection with any contract entered into between Respondent and the MSBA as a result of the RFR process.

Respondents are advised that all Responses are deemed sealed, and therefore their contents will be treated as confidential and will not be disclosed to competing

Respondents until the selection process has been completed and the contract has been awarded.

4. Submission of Proposed Materials and Virtual Presentation. All materials, representations, and submissions made within the Response and at any virtual presentation that may be scheduled are subject to becoming part of the contract mailto:Siobhan.Tolman@MassSchoolBuildings.org

MSBA-RFR-AccRepDesign-2024 7 binding the selected Respondent to uphold the materials, representations, and submissions made by the selected Respondent within the Response and at the virtual presentations, if any.

5. Conflict of Interest. The Respondent shall certify in writing that no relationship exists between the Respondent and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the Respondent and another person or organization that constitutes a conflict of interest. No official or employee of the MSBA who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this project shall, prior to the completion of the project, voluntarily acquire any personal interest, either directly or indirectly, in this contract or proposed contract.

The Respondent shall provide assurance that it presently has no interest and shall not acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder. The Respondent shall also provide assurances that no person having any such known interest shall be employed during the performance of this contract.

Respondent shall remain in full compliance with the Massachusetts Conflict of Interest Law (M.G.L. 268A).

6. Best Value Selection and Negotiation. The MSBA will select the Response that demonstrates the “Best Value” overall, including proposed alternatives that will achieve the procurement goals of the MSBA. The MSBA and the selected Respondent may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected Respondent’s Response.

7. Costs. The MSBA will not reimburse any individual or firm for any costs associated with the preparation or submittal of any Response to this RFR or for any travel and/or per diem incurred in any presentation of such Responses. Costs that are not specifically identified in the Respondent’s submissions and accepted by the MSBA as part of a contract, will not be compensated.

8. MSBA Website and COMMBUYS. This RFR has been distributed electronically using the COMMBUYS system and can be accessed at www.commbuys.com. RFR Attachments that are referenced are available either as separate files along with the RFR, or in the COMMBUYS Attachments section. The RFR and Attachments are also available at the MSBA’s website: www.massschoolbuildings.org.

Respondents are solely responsible for obtaining and completing required attachments that are identified in this RFR; for regularly checking both COMMBUYS and the MSBA website for any addenda or modifications that are subsequently made to this RFR or attachments; for obtaining, reviewing, and appropriately responding to any such addenda or modifications to the

RFR of attachments; and for acknowledging the receipt of any addenda in the cover letter.

The MSBA accepts no liability and will provide no accommodation to Respondents who fail to check for, obtain, review and appropriately respond to

MSBA-RFR-AccRepDesign-2024 8 addenda or modifications to the RFR and attachments, and then submit inadequate or incorrect Responses. Respondents are advised to check the MSBA’s website and COMMBUYS to ensure that they have the most recent RFR files. Respondents may not alter (manually or electronically) the RFR language or any RFR component files. Modifications to the body of this RFR, specifications, terms and conditions, which change the intent of this RFR are prohibited and may disqualify a Response.

9. Validity of Response. Responses must remain in effect for at least 180 days from the submission deadline and thereafter until either the Respondent withdraws the Response in writing, a contract is executed with the Respondent, or the procurement is canceled, whichever occurs first.

10. Prohibition Against Distribution of Information. Any Respondent awarded a contract under this RFR is prohibited from selling or distributing any information collected or derived from the contract and/or procurement process, including lists of participating or eligible MSBA employee names, telephone numbers, or addresses, including email addresses.

11. Right to Modify. The MSBA reserves the right to modify, amend, or cancel the terms of this RFR at any time prior to the closing date. The MSBA reserves the right to negotiate with the selected Respondent(s) as to any element of cost or performance including, without limitation, elements identified in the RFR and/or the selected Response in order to achieve the best value for the MSBA.

B. PROCUREMENT CALENDAR

The following is the tentative time schedule for the MSBA’s selection of Designers interested in providing professional design and construction administration services to local cities, towns, and regional school districts participating in the MSBA’s Accelerated Repair Program. All dates are subject to modification by the MSBA.

Issuance of RFR: March 28, 2024 Question Deadline: April 10, 2024 at 5:00 P.M.

Responses to Questions Posted: April 17,2024 RFR Response Deadline: April 25, 2024 at 3:00 P.M.

Selection by the Designer Selection Panel: July 23, 2024

Questions concerning this RFR must be submitted to the RFR contact person in writing via email only at the contact information below. No telephone calls concerning this RFR are permitted. Questions must be received no later than 5:00 P.M. on April 10, 2024.

Responses to questions will be posted on or before April 17, 2024.

Siobhan Tolman, Procurement and Contracts Manager ATTN: “MSBA-RFR-AccRepDesign-2024”

E-Mail Address: siobhan.tolman@massschoolbuildings.org

SECTION IV. RESPONSE REQUIREMENTS

1. Contents of the Response

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All Responses to this RFR must include the following information:

a) Standard Designer Application Form: Respondents must complete the

“Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction (Updated July 2016)” as developed by the Designer Selection Board of the Commonwealth of Massachusetts (Attachment F) and include the completed Application as part of its Response.

Applications should be provided with electronic submission. For the supplemental hard copy submission, applications should be printed double-sided and bound in such a manner that the pages lie and remain flat when opened. Applications should not be provided with acetate covers. Information provided is subject to the page limitations as set forth within the Standard Designer Application Form. Electronic links to supplemental information are prohibited.

b) Mandatory Cover Letter: A concise cover letter that is a maximum of two pages in length. The cover letter must include the firm’s certification that it has met the minimum requirements of this RFR. Respondents must also note whether the work is to be performed by in-house staff or sub-consultants.

Additionally, the cover letter must also acknowledge that the Respondent has read and takes no exceptions the current version of the MSBA’s Standard Contract for Designer Services (MSBA Accelerated Repair Program) and Contract for Designer Services Amendment (Attachment C). (A copy of the MCPPO certification/recertification or proof of registration should be attached to the cover letter as well as any SDO certification letters.)

The letter, which shall be considered an integral part of the submission, shall be signed by an individual who is authorized to bind the firm contractually, giving his or her title. The letter must acknowledge Addenda to the RFR, if any, and certify that all information contained in the Response is accurate and complete. Inaccurate or incomplete information may adversely affect the evaluation of the submission.

c) Master File Brochure: Applicants must have an up-to-date Master File Brochure on file at the Massachusetts School Building Authority.

(http://www.massschoolbuildings.org/building/team/dsp) Please contact Siobhan Tolman via email if there are any questions about an up-to-date Master File Brochure.

d) Supplemental Information: Subject to the page limitations set forth in Question 10 of the Standard Designer Application Form. Respondents are encouraged to supplement their Response with information that demonstrates the experience and qualifications of the firm and its Key Personnel with respect to projects that entailed energy efficient renovations, projects that qualified under the Massachusetts Stretch Energy Code and/or the International Energy Conservation Code, projects that entailed ADA upgrades, and/or MSBA-funded projects, if any. In addition, Respondents should provide a detailed description, including relevant previous experience, of their approach to providing design and construction administration services on occupied renovations with an http://www.mass.gov/anf/docs/dsb/forms/citiestownsapplication2014.doc http://www.mass.gov/anf/docs/dsb/forms/citiestownsapplication2014.doc http://www.massschoolbuildings.org/building/team/dsp

MSBA-RFR-AccRepDesign-2024 10 emphasis on: working within aggressive schedules; developing specifications related to phased construction and security in student-occupied buildings;

designing renovations to meet CMR 521; and the Designer’s approach to jobs that require second shift work, e.g., “Summer-Slammers”. Respondents are encouraged to demonstrate their knowledge and understanding of programs designed to assist schools and other institutional users for improving their energy efficiency, including but not limited to, providing a list of programs offered by utility companies and providing a list of rebates previously obtained for clients. Respondents may include narrative materials, graphic materials, and photographs that best demonstrate the design capabilities of the team proposed for this project. Electronic links to supplemental information outside the stated pages limits for the response are prohibited.

e) Sustainability Statement: Respondents must include a two-page summary demonstrating a clear understanding of the applicable provisions of the Massachusetts State Building Code (780 CMR), Massachusetts Stretch Energy Code and the International Energy Conservation Code, an understanding of current code standards, and explaining how the Designer would oversee and ensure that the sustainability requirements are incorporated into the project. In addition, each Respondent should cite specific examples of assistance, including but not limited to the installation of solar panels, it has provided to clients in obtaining energy rebates and other financial incentives.

f) Approach to Providing Services: A description of the firm’s approach to providing the Scope of Work described in Section I, Item B, specifically addressing any timelines described in this RFR.

g) Statement of Limitations: Provide a statement clearly describing any limitations or qualifiers to the submitted Response, if any. Examples of limitations include the scope of proposed services, the geographic area in which the Respondent is willing to work, etc. Please note that any limitations or qualifiers may adversely affect a Respondent’s likelihood of being selected and/or being assigned to a project.

h) Supplier Diversity Program Plan Form: The MSBA is committed to developing and strengthening Minority Business Enterprises (MBE), Women Business Enterprises (WBE), Veteran Business Enterprises (VBE), Service-Disabled Veteran-Owned Business Enterprises (SDVOBE), Disability-Owned Business Enterprises, LGBT Business Enterprises, Minority Nonprofit Organizations (M/NPO), and Women Nonprofit Organizations (W/NPO) and expanding equal opportunity in the primary and secondary industries affected by this RFR. Please note, completion of a Supplier Diversity Program Plan Form (Attachment D) by a Respondent is NOT mandatory for the purposes of the MSBA’s review of a Response. However, if a Respondent is a certified SDO business or has an SDO partner, the Respondent should complete the form to the extent possible. Respondents that clearly demonstrate the intent to further the development of the business enterprises and organizations listed above or the existence of a relationship which does further those goals may receive

MSBA-RFR-AccRepDesign-2024 11 favorable consideration. If the Form is not completed or provided with a Response, the MSBA will assume that it was omitted intentionally.

i) Anti-Discrimination Policy: Each Respondent must include a detailed copy of its policy relative to affirmative action/equal opportunity and the prohibition of discriminatory employment practices.

j) Authorized Respondent’s Signature and Acceptance Form: If the Respondent is a corporation, partnership, or other business entity, complete Attachment A as indicated.

k) Invest in Massachusetts Data Form: The MSBA encourages investment in our local economy and is committed to advancing the creation and preservation of jobs in the Commonwealth. All Respondents must submit an Invest in Massachusetts Data Form (“IMD Form”), Attachment E.

l) Mandatory Certifications: (an example of a comprehensive certification statement is attached as Attachment B):

1) Certification of Compliance with Massachusetts Child Care Laws.

2) Certification of Compliance with the Revenue Enforcement and Protection

Program.

3) Certification Regarding Companies Doing Business in Northern Ireland.

4) Certification of Disclosure.

5) Certification of No Conflicting Relationship.

6) Certificate Statement Regarding Criminal Actions and Pending Litigation

7) Certification of Solvency

8) Certification of Good Standing and Licensure

9) Certification of Minimum Qualifications

10) Statement of Compliance with RFR Requirements

11) Statement of Confidentiality

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2. Instructions for Submission

Responses to this RFR must be submitted electronically by the submission deadline or the response will not be considered. Hard copy submissions will not be accepted. Responses and Attachments must be submitted by email to Procurement@MassSchoolBuildings.org no later than Thursday, April 25, 2024, 3:00 P.M. EST.

Responses and Attachments received after this deadline date and time will not be evaluated.

Responses and Attachments should be emailed to: Procurement@MassSchoolBuildings.org.

Responses should not exceed 25MB in size.

When responding to this RFR, firms should take note of the following provisions.

a) Responses should include the information and documents listed in Section IV, Item 1 – “Contents of the Response.”

b) The MSBA reserves the right to request additional information from firms responding to this Request. Additionally, upon reviewing the Responses the MSBA may decide to have certain firms make virtual presentations.

c) The MSBA reserves the right to reject any and all Responses to this request, to waive any minor informality in a Response, to request clarification of information from any firm responding and to affect any agreement deemed by the MSBA to be in the MSBA’s best interest with one or more of the firms responding. The MSBA reserves the right to amend or cancel this RFR at any time. All Responses and their contents will become the sole property of the MSBA upon receipt.

3. Submission Format Requirements

Respondents are cautioned to read carefully and conform to the requirements for this specific RFR. Failure to comply with the provisions of this RFR may serve as grounds for rejection of a Response.

a) All Responses must be submitted by email to Procurement@MassSchoolBuildings.org. The specific organization and orientation of the Response is at the Respondent’s discretion, but it is recommended that the Response be laid out in such a manner that the reader doesn’t need to be constantly rotating the proposal.

b) Submissions must be limited to 15 pages excluding the following:

A. Cover Letter B. Table of Contents C. Master File Brochure D. Supplemental Information (Subject to the page limitations set forth in

Question 10 of the Standard Designer Application Form) E. Anti-Discrimination Policy F. Attachments A-F mailto:Procurement@MassSchoolBuildings.org

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c) Submissions must be in a font of 12 point or larger.

d) Responses must be delivered electronically to:

Procurement@MassSchoolBuildings.org

e) Any and all data, materials, and documentation submitted to the MSBA in

Response to this RFR shall become the MSBA’s property and shall be subject to public disclosure under the Massachusetts Public Records Act. In this regard, Respondents are required to sign the Authorized Respondent’s Signature and Acceptance Form, set forth as Attachment A hereto.

RESPONDENTS PLEASE NOTE: BY EXECUTING THE AUTHORIZED

RESPONDENT’S SIGNATURE AND ACCEPTANCE FORM AND SUBMITTING A

RESPONSE TO THIS RFR, RESPONDENT AGREES THAT THE MSBA SHALL NOT

BE LIABLE UNDER ANY CIRCUMSTANCES FOR THE DISCLOSURE OF ANY

MATERIALS SUBMITTED TO THE MSBA PURSUANT TO THIS RFR OR UPON

RESPONDENT’S SELECTION AS A DESIGNER FOR THE ACCELERATED REPAIR

PROGRAM.

4. Disqualification

a) Late Responses. Responses that are received after the deadline date and time shall be disqualified. A hard copy or facsimile Response will NOT qualify as a “submission” for deadline purposes in advance of or in lieu of an electronic submission.

b) Nonresponsive Responses. Responses which fail to comply with any material and mandatory requirement of the RFR shall be deemed nonresponsive and shall be disqualified. The MSBA reserves the right to disqualify from consideration those Responses that are submitted in an incorrect format if the MSBA determines, in its sole discretion, that the formatting error is prejudicial to the interests of other Respondents and fair competition.

c) Collusion. Collusion by two or more Respondents agreeing to act in a manner intended to avoid or frustrate fair and open competition is prohibited and shall be grounds for rejection or disqualification of a Response or termination of this contract.

d) Debarred Bidders or Subcontractors. A Respondent who is currently subject to any Commonwealth or federal debarment order or determination shall not be considered for evaluation by the Procurement Team. If a bidder’s response is dependent upon the services of a named subcontractor and the disqualification of this named subcontractor would materially alter the response, then that response shall be deemed unresponsive if the named subcontractor is found to be debarred. Responses that indicate that subcontractors will be used but do not rely on any specifically named subcontractor shall not be deemed unresponsive if the disqualification of a proposed subcontractor will not materially alter the response.

SECTION V. MINIMUM QUALIFICATIONS, REVIEW, SELECTION, AND

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ASSIGNMENT PROCESS

SUMMARY

The RFR Review, Selection, and Assignment Process will be conducted in four phases.

MSBA staff will complete the Phase One for all submitted Responses. The purpose of the Phase One Review is to eliminate Responses that do not meet the minimum qualifications, are incomplete, and/or are not responsive to the requirements of the RFR. Responses that are deemed to be complete and responsive based on the Phase One Review will be subject to additional review in Phase Two. In Phase Two Review, MSBA staff will evaluate the Responses based on highly advantageous, advantageous, and not advantageous ratings.

Following Phase Two Review, MSBA staff will forward all Responses that meet the minimum qualifications together with its recommendations, if any, to the DSP. In Phase Three (Selection), the DSP will have an opportunity to evaluate the Responses and MSBA staff recommendations and will vote to select approximately 15-20 Respondents for participation in the Program. The DSP will submit its list of selected firms and/or individuals to the Executive Director of the MSBA who will then accept or reject the selections. The MSBA reserves the right to require virtual presentations and interviews of Respondents as part of the Phase Three Review if the MSBA determines in its sole discretion that it is in its best interests to do so.

Once the MSBA’s Executive Director has accepted a list of selected Designers, in Phase Four (Assignment), MSBA staff will assign a Designer from the list to a particular project based upon factors that may include, but not be limited to, qualifications, capacity, project scope, prior experience with the District, and geographic location.

A. MINIMUM QUALIFICATIONS

All Respondents selected by the MSBA’s Designer Selection Panel must meet the minimum qualifications listed below. The Respondent must certify in its cover letter that it meets these minimum qualifications and must sign the Designer Application Form (Attachment F), as required. Any Respondent that fails to include such certification in its Response, demonstrating that the minimum qualifications outlined in this RFR have been met and/or fails to sign the Designer Application Form, as required, will be rejected without further consideration. To be eligible for selection, the Respondent must meet all of the following qualifications:

1. Be a qualified Designer within the meaning of M.G.L. Chapter 7C, Section 44, employing a Massachusetts registered architect or engineer responsible for and being in control of services to be provided pursuant to the Contract.

2. The Massachusetts registered architect or engineer responsible for and in control of the services to be provided has successfully completed, or provides proof of registration in, the Massachusetts Certified Public Purchasing Official Program seminar “Certification for School Project Designers and Owner’s Project Managers” as administered by the Office of the Inspector General of the Commonwealth of Massachusetts. Previously certified Designers must maintain certification by completing the “Recertification for School Project Designers and Owner’s Project Managers” seminar every three years. Proof of certification or recertification, as applicable, or registration in the next certification or recertification seminar for which space is available must be provided.

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Scheduling and registration information may be found on the Inspector General’s website at:

https://www.mass.gov/trainingmcppo

3. The Designer must provide an affirmative statement in its cover letter that it understands and agrees to comply with the provisions of M.G.L. Chapter 7C, Section 6 regarding minority and women business enterprises (MBE/WBE) for any project to which it may be assigned and will provide evidence of compliance at the time of contract execution for such project.

Applicants are strongly encouraged to utilize multiple disciplines and firms to comply with the provisions of M.G.L. Chapter 7C, Section 6 and related Governors’ Executive Orders).

Consultants to the prime Designer can team within their disciplines to comply) but must state this relationship on the organizational chart (Section 6 of the application form).

All questions regarding MBE/WBE participation percentages should be addressed to the Commonwealth’s Supplier Diversity Office. Designers selected pursuant to this RFR will be required to work with the Owner’s Project Manager assigned to the project as well as the Supplier Diversity Office to ensure that all monitoring and recordkeeping requirements regarding MBE/WBE participation are met.

4. The Designer must provide an affirmative statement in its cover letter that it understands and agrees to comply with the provisions of M.G.L. c. 7C, s. 6 and M.G.L. c. 149, s.

44A(2)(G) regarding the submission of regular reports of the gender and race/ethnicity of employees engaged in work for any project to which it may be assigned, for both prime and subconsultants, in the form and format required by the District, including but not limited to, by electronic reporting through the requested means and with the frequency required by the District upon contract execution for such project.

B. PROPOSED DESIGN TEAM

In response to Question 6 in the Standard Designer Application Form (Attachment F) and in accordance with the scope of projects for which they wish to be considered, Respondents must identify those individual(s) of the proposed design team who will be responsible for the categories of work listed below. For each category of work, the application must list the firm’s name, the individual’s name, and the individual’s professional registration or license number, as applicable, as well as whether the firm is SDO-certified as an MBE and/or WBE. This list may not be all-inclusive and the MSBA reserves the right to add additional consultants to this list as needed.

1. Roofing (replacement or restoration);

2. Exterior Windows/ Doors.

Respondents must also identify any and all proposed sub-consultants that may perform other related categories of work, including, but not limited to, building envelope, energy efficiency, structural engineering, plumbing engineering, HVAC engineering, electrical engineering, hazardous materials, specifications, accessibility/universal design, and cost estimating.

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Refer to Section IV Response Requirements, Subsection 1 Contents of the Response above for additional information regarding proposed design teams and scope of work.

C. PHASE ONE REVIEW

Phase One Review will ensure compliance with the Response requirements of Section IV.

Responses will be reviewed based on the completeness of Responses, including mandatory attachments and compliance with minimum qualifications, submission requirements, legal requirements, and other requirements as described in Section IV of the RFR. Responses that do not comply with all material and mandatory requirements will be rejected and will not proceed to Phase Two Review. The MSBA reserves the right to waive or permit cure of non-material errors or omissions.

N.B. Any Designer that fails to certify in its Response that it has met the minimum qualifications and/or any Designer that fails to sign the Standard Designer Application Form will be rejected without further consideration.

D. PHASE TWO REVIEW

In addition to the specific requirements set forth below, all Respondents must demonstrate that they have significant experience, knowledge, and abilities with respect to providing design and construction administration services for the repair, renovation and/or replacement of roofing, exterior windows/doors or boilers. The Responses will be evaluated based on criteria that will include, but not be limited to, the following:

1. Demonstrated Experience and Performance on Public or Private Projects

Entailing Energy Efficient Renovations and Repairs – Highly Advantageous, Advantageous, and Not Advantageous

Highly Advantageous (20 points): The Respondent has provided design and construction administration services on more than seven (7) public or private projects entailing energy efficient renovations with project costs of at least $1,000,000 each and consisting of roofing (replacement and/or restoration) and/or exterior windows/doors in existing buildings.

Advantageous (10 points): The Respondent has provided design and construction administration services on 4-7 public or private projects entailing energy efficient renovations with project costs of at least $1,000,000 each and consisting of roofing (replacement and/or restoration) and/or exterior windows/doors in existing buildings.

Not Advantageous (0 points): The Respondent has provided design and construction administration services on less than four (4) public or private projects entailing energy efficient renovations with project costs of at least $1,000,000 each and consisting of roofing (replacement and/or restoration) and/or exterior windows/doors.

2. Demonstrated Experience and Performance of Respondent’s Key Personnel –

Highly Advantageous, Advantageous, and Not Advantageous

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N.B. The term “Key Personnel” in Evaluation Criteria 2, 5, and 6 means the Respondent’s Principal-In-Charge, Project Manager(s), Project Architect(s)/Engineer(s), and its named sub-consultants, if any.

Highly Advantageous (30 points): Each of the Respondent’s Key Personnel has provided design and construction administration services on more than seven (7) public or private projects entailing energy efficient renovations with project costs of at least $1,000,000 each and consisting of roofing (replacement and/or restoration) and/or exterior windows/doors.

Advantageous (15 points): Each of the Respondent’s Key Personnel has provided design and construction administration services on 4-7 public or private projects entailing energy efficient renovations with project costs of at least $1,000,000 each and consisting of roofing (replacement and/or restoration) and/or exterior windows/doors.

Not Advantageous (0 points): Some or all of Respondent’s Key Personnel have provided design and construction administration services on less than four (4) public or private projects entailing energy efficient renovations with project costs of at least $1,000,000 each, and consisting of roofing (replacement and/or restoration) and/or exterior windows/doors.

3. Knowledge of and Experience with Energy Efficient Incentive and Rebate Programs – Highly Advantageous, Advantageous, and Not Advantageous

Highly Advantageous (20 points): The information in the Response demonstrates substantial knowledge and understanding of programs designed to assist schools and other institutional users increase their energy efficiency by providing a list of rebates and incentives as well as associated dollar values on more than four projects with project costs at least $1,000,000.

Advantageous (10 points): The information in the Response demonstrates adequate knowledge and understanding of programs designed to assist schools and other institutional users increase their energy efficiency, including but not limited to, programs offered by utility companies.

Not advantageous (0 points): The information in the Response does not demonstrate adequate knowledge and understanding of programs designed to assist schools and other institutional users increase their energy efficiency.

4. Demonstrated Experience with Renovations in Occupied Buildings- Highly Advantageous, Advantageous, and Not Advantageous

Highly Advantageous (10 points): The Respondent has demonstrated experience in providing design and construction administration experience on five (5) or more renovation projects in occupied public or private buildings including designing renovations to meet CMR 521.

Advantageous (5 points): The Respondent has demonstrated experience in providing design and construction administration experience on at least two (2) but less than five

(5) renovation projects in occupied public or private buildings.

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Not Advantageous (0 points): The Respondent has demonstrated experience in providing design and construction administration experience on fewer than two (2) projects in occupied public or…