Music Bid Package.pdf

Form No. WSO 1 Page 1

Commonwealth of Massachusetts

WORCESTER COUNTY SHERIFF’S OFFICE

5 PAUL X. TIVNAN DRIVE

WEST BOYLSTON, MA 01583

PHONE: (508)854-1800

AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER

SEALED BID INVITATION

(Supplies, Material, Equipment, Services)

This bid (including ALL pages) must be submitted in a sealed envelope to the Finance Department at the Worcester County Sheriff’s Office. The company name, bid manager’s name, and company address of the bidder must appear in the upper left-hand corner of the envelope. Please keep a copy for your records. The Worcester Sheriff's Office is not responsible for bids not properly marked.

Mark Sealed Envelope: "Sealed Bid No. WCSO-2026-0006 Music Bid”

Mail or Hand Deliver Bid to:

Worcester County Sheriff's Office Attn: Finance Dept.

5 Paul X. Tivnan Dr., West Boylston, MA 0158

See below for the Procurement Calendar:

Procurement Activity Date Time Place

Bid Release Date 10/27/25 12:00AM eastern time COMMBUYS or via email request to Tracy Sullivan

Mandatory Bid Meeting n/a n/a n/a

Deadline for Quotes / Bid Opening 11/19/25 10:00AM eastern time Public Opening in Finance

Notification of Awarded Bidder n/a n/a Via email as soon as decision is made

Estimated Start Date 02/02/26 TBD Main Jail

NOTE: Awarded bidder must abide by all WCSO training and hiring polices as well as pass a CORI check.

Form No. WSO 1 Page 2

General

1 This Invitation for Response covers: Seeks sealed bids for a qualified organization to provide transformative Music-Based Rehibilitation and Reentry Programming for incarcerated individuals for a period of 3 years (exact dates to be determined) at the WCSO as required by specifications (see page 9).

2 The obligation of the Worcester County Sheriff's Office to comply with the provisions of this contract is subject to the availability of appropriations for the purpose.

3 All bids received will be opened and read in the Worcester County Sheriff's Office-Finance Department, 5 Paul X. Tivnan West Boylston, MA 01583, at date and time shown above. NO BID WILL BE ACCEPTED AFTER TIME AND DATE SPECIFIED.

4 In accordance to M.G.L. c. 30B – Procurement of Supplies and Services over $50,000: A bid bond deposit in the amount of 0% of the value of the total bid. Thereafter, 0% Payment Bond and 0% Performance Bond will be due from the vendor on award of the contract.

5 The Anticipated Expenditure, Funding or Compensation: Estimated Value of Procurement: $ 100,000.00.

6 All terms and conditions are applicable to this proposal except the following section(s) which are hereby deleted from this bid invitation:

Section number: 4,19,21

7 The following meanings are attached to the defined words when used in this bid form:

a The word "WCSO" means the Worcester County Sheriff's Office.

b The word "Bidder" means the person, firm or corporation submitting a bid on these specifications or any part thereof.

c The word "Contractor" means the person, firm or corporation with whom the contract is made by carrying out the provisions of these specifications and the contract.

d The words "Firm Price" shall mean a guarantee against price increase during the life of the contract.

e The word "Sheriff" means the elected Sheriff of Worcester County.

8 Any prospective bidder requesting a change in or interpretation of existing specifications or terms and conditions must do so within 10 (ten) days (Saturdays, Sundays and Holidays excluded) before scheduled bid opening date. All requests are to be in writing to Tracy Sullivan, Assistant Director of Budget and Purchasing, and will be covered or any interpretation issued unless request is in our hands within 10 (ten) days (Saturdays, Sundays and Holidays excluded) BEFORE scheduled bid opening date.

Tracy Sullivan’s contact information is TSullivan@sdw.state.ma.us

9 The contractor will be required to indemnify and save harmless the Worcester County Sheriff’s Office for all damages to life and property that may occur due to his negligence or that of his employees, subcontractors, etc., during this contract.

10 The Contract Agreement will be in the form customarily employed by the WCSO.

11 Bids which are incomplete, not properly endorsed, or signed, or otherwise contrary to these instructions will be rejected as informal by the Purchasing Agent. Conditional bids will not be accepted.

12 The Bidder must certify that no official or employee of the Worcester County Sheriff's Office has pecuniary interest in this proposal or in the contract which the bidder offers to execute of in expected profits to arise therefrom, and that this bid is made in good faith without fraud or collusion or connection with any other person submitting a proposal and is made in full knowledge and compliance with MGL. c. 268A.

13 As the Worcester County Sheriff's Office is exempt from the payment of Federal Excise Taxes, and Massachusetts Sales Tax prices quoted herein are not to include these taxes.

14 All prices are to be firm, F.O.B. Destination, the Worcester County Sheriff's Office unless otherwise indicated.

15 In case of error in the extension of prices quoted herein, the unit price will govern.

16 It is understood and agreed that should any price reductions occur between the opening of this bid and delivery of any order, the benefit of all such reductions will be extended to the Worcester County Sheriff's Office.

mailto:TSullivan@sdw.state.ma.us

Form No. WSO 1 Page 3

17 The Worcester County Sheriff's Office reserves the right to reject any and all bids, wholly or in part, and to make awards in a manner deemed in the best interests of the WCSO.

18 Awards will be made to the bidder as a result of common-sense Procurement decision-making consistent with the States Procurement Principles, which are to balance and support the achievement of best quality economic value in accordance with specifications. The right is reserved to make awards on this proposal by items; or to the best value total bidder; or to accept all or part of your proposal or prices quoted; unless otherwise indicated by the Worcester County Sheriff's Office.

19 The supplier will be bound by all applicable statutory provisions of law of the Federal Government, the Commonwealth of Massachusetts, and the Department of Public Safety of the Commonwealth of Massachusetts.

20 Any bid withdrawn after time and date specified, the bidder shall forfeit deposit on bid as liquidated damages.

21 The contractor will not be permitted to either assign or underlet the contract, nor assign either legally or equitably any monies hereunder, or its claim thereto without the previous written consent of the Worcester County Sheriff's Office and of the Purchasing Agent of the WCSO.

22 If this bid shall be accepted by the Worcester County Sheriff's Office and the bidder shall fail to contract as aforesaid and to give a bond in the amount as specified in Section 4 within 10 days (Sundays and Holidays excluded) from the date of the mailing of a notice from the Worcester County Sheriff's Office to him according to the address given herewith that the contract is ready for signature, the Worcester County Sheriff's Office, may by option determine that the bidder has abandoned the contract and thereupon the proposal and acceptance shall be null and void and the bid security accompanying this shall become the property of the WCSO as liquidated damages.

23 When quoting, the bidder shall submit one signed copy of this bid form, and if bid is accepted by the Worcester County Sheriff's Office, shall constitute part of the contract of purchase. Do not detach any part of this form (WSCO- I), and the required Contract Forms when submitting a bid. Bidder should sign and return one copy of this complete bid package and all required forms and retain the other.

24 If, in the judgment of the Purchasing Agent, any property is needlessly damaged by an act or omission of the contractor of his employees, servants, or agents, the amount of such damages shall be determined by the WCSO and such amount shall be deducted from any money due the contractor or may be recovered from said contractor in actions at law.

25 It is agreed that deliveries and/or completion are subject to strikes, lockouts, accidents and Acts of God.

Insurance and Worker's Compensation 26 PUBLIC LIABILITY INSURANCE – Contractor shall supply the Worcester County Sheriff's Office with certificates of insurance covering public liability in an amount not less than $10,000.00, to any one person, and not less than $300,000.00, on account of one accident.

27 PROPERTY DAMAGE INSURANCE – Contractor shall supply the Worcester County Sheriff's Office with certificates of insurance covering property damage in an amount not less than $50,000.00, for damages on account of any one accident, and not less than $100,000.00, for damages on account of all accidents.

28 COMPENSATION INSURANCE – The Contractor shall supply the Worcester County Sheriff's Office with certificates showing that all his employees who shall be connected with this work are protected under worker's compensation insurance policies.

29 The Contractor shall carry public liability insurance with an insurance company satisfactory to the Worcester County Sheriff's Office so as to save and count harmless from any and all claims for damages arising out of bodily injury to or death of any person or persons and for all claims for damages arising out of injury to or destruction of property caused by accident resulting from the use of implements, equipment or labor used in the performance of the contract or from any neglect, default or omission, or want of proper care, or misconduct on the part of the Contractor of for any one in his employ during the execution of the contract.

30 Prior to starting on this contract, the Contractor shall supply the WCSO with certificates from the insurer to the effect that the insurance policies required in the above paragraph have been issued to the Contractor. The certificates must be on a form satisfactory to the Purchasing Agent.

Form No. WSO 1 Page 4

31 Except as may be otherwise stated herein, the Contractor shall also carry bodily injury and property damage insurance in amounts not less than those set forth above covering the operation of all motor-powered vehicles owned or operated by the Contractor and engaged in this contract.

Prompt Pay Discount 32 All bidders responding to this procurement must agree to participate in the Commonwealth Prompt Pay Discount (PPD) initiative for receiving early and/or on-time payments, unless bidder can provide compelling proof that it would be unduly burdensome.

33 Contractors must participate in the Electronic Funds Transfer initiative which will maximize their benefit by ensuring that funds are paid directly to their designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time delays.

Guarantee 34 The bidder to whom a contract is awarded guarantees to the Worcester County Sheriff's Office all equipment, materials and/or workmanship for a period of 1 year after final inspection and acceptance and shall replace promptly any defective equipment, materials and/or workmanship required without additional cost to the Worcester County Sheriff's Office.

Deliveries and Completion 35 It is understood and agreed that the bidder must deliver the order in full at the contract price. There will be no backorders unless agreed upon between the purchasing department of the W.C.S.O. and the vendor. Should the successful bidder fail to make delivery or complete contract within time specified, the Worcester County Sheriff's Office reserves the right to make the purchase on such orders at the open market and charge any excess over contract price to the account of the successful bidder, who shall pay the same.

36 The contractor shall familiarize himself with the location and facilities for storage.

37 The Worcester County Sheriff's Office, through its Purchasing Department, reserves the right to divert delivery from one location to another, and to allow for any change in operating conditions or for any other cause not now foreseen and to proportion deliveries according to available storage facilities.

Sampling and Analysis 38 Each bidder must state the commercial name of the product quoted, name and address or operator or agent from whom the product will be purchased and in addition shall furnish an analysis of the product, date of analysis, by whom and their address.

39 Samples of the product to be delivered may be taken by a representative of the Worcester County Sheriff's Office prior to delivery or the WCSO warehouse storage facility to which the product has been delivered as determined from time to time by the Purchasing Agent. Bidder agrees to furnish the necessary manual labor, without additional cost required to assemble the physical samples which is to be performed under the direction of the representative.

40 The representative of the Worcester County Sheriff's Office taking the samples, shall be given the opportunity, while sampling, to affix his signature to the delivery slip for each item represented in his sample.

41 Any product, after the sampling and analysis, not found meeting the requirements of the contract shall be sufficient cause for the cancellation of the contract at the option of the Purchasing Agent.

42 If any product is found that does not meet the analysis submitted by the bidder in his proposal, the Purchasing Agent may, at his option, exercise his right to reject the product and require that all or any part thereof shall be removed promptly by and at the expense of the contractor and replace it forthwith with a product satisfactory to the Purchasing Agent, or to retain the product and compensate the contractor in an amount as determined by the Purchasing Agent and the Chief Financial Officer.

43 It is understood and agreed that it shall be a material breach of any contract resulting from this bid for the Contractor to engage in any practice which shall violate any provision of MGL. c. 151B, relative to discrimination in hiring, discharge, compensation, or terms, conditions or privileges of employment because of race, color, religious creed, national origin, sex, age or ancestry.

44 The undersigned, as bidder, declares that the only parties interested in this proposal as principals are named herein; that this proposal is made without collusion with any other person, firm or corporation; that no officer or agent of the Worcester County

Form No. WSO 1 Page 5

Sheriff's Office is directly or indirectly interested in this bid; and he proposes and agrees that if this proposal is accepted he will contract with the Worcester County Sheriff's Office in accordance with the specifications, also the terms and conditions as spelled out in this bid form.

Give full names and residences of all persons and parties interested in the foregoing proposal:

(NOTICE: Give first and last name in full; in case of corporation give names of President, Treasurer and Manager; and in case of firms give names of the individual members.)

Name _____________________________________________________________

Address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Name _____________________________________________________________

Address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Name _____________________________________________________________

Address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Name _____________________________________________________________

Address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Kindly furnish the following information regarding the Bidder.

1 If a Proprietorship

Name _____________________________________________________________

Business address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Telephone (__________)________________________________

Home address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Telephone (__________)________________________________

2 If a Partnership – Full names and addresses of all partners

Name _____________________________________________________________

Address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Name _____________________________________________________________

Address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Form No. WSO 1 Page 6

Name _____________________________________________________________

Address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Name _____________________________________________________________

Address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Business name _____________________________________________________________

Business address _____________________________________________________________

City/State/Zip Code _____________________________________________________________

Telephone (__________)________________________________

3 If a Corporation

Full legal name _____________________________________________________________

State of incorporation ________________________________________________________

Principal place of business ________________________________________________________

City/State/Zip Code ________________________________________________________

Qualified in Massachusetts Yes _____ No _____

Place of business in Massachusetts________________________________________________________

City/State/Zip Code ________________________________________________________

Give the following information regarding Surety Company

Full legal name _____________________________________________________________

State of incorporation ________________________________________________________

Principal place of business ________________________________________________________

City/State/Zip Code ________________________________________________________

Qualified in Massachusetts Yes _____ No _____

Place of business in Massachusetts________________________________________________________

City/State/Zip Code ________________________________________________________

NOTE: The Office of the Attorney General, Washington, D.C., requires the following information on all bid proposals amounting to $1,000.00 or more.

EIN of Bidder ________________________________________________________

This number is regularly used by companies when filing their "Employer's Federal Tax Return." U.S. Treasury Department Form 941.

Authorized signature of Bidder ________________________________________________________ Please sign

Title ________________________________________________________

Form No. WSO 1 Page 7

Date _____/_____/_____

Bid Security $____________________

The name(s) of customer service representative(s) to be responsible for servicing this account in the event of contract award are:

Name ____________________________________________ Telephone (______)_________________

Email address________________________________________________________________________ Please print

Name ____________________________________________ Telephone (______)_________________

Email address:________________________________________________________________________ Please print

If available, please indicate your FAX number (______)_________________

Form No. WSO 1 Page 8

GOOD FAITH DISCLOSURE

Under the Office of the Sheriff Policy, the following certification MUST be provided

Section 10. A person submitting a bid or a proposal for the procurement or disposal of supplies, or services to any governmental body shall certify in writing, on the bid or proposal, as follows:

"The undersigned certifies under the 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."

Name of person signing bid ________________________________________________________ Please print

Signature of person signing bid ________________________________________________________ Please sign

Name of business ________________________________________________________

Date _____/_____/_____

NOTE: No award will be made without vendor certification of the above.

OPTIONAL DISCLOSURE OF CONTRACT RENEWAL

This contract may be renewed by the Worcester County Sheriff’s Office, the option of which shall be determined at the end of each contract year.

Any such extension will be at the same terms and conditions as the initial contract, including price, except for any requested mutually agreed upon price change request.

If the above is acceptable, please indicate by signature.

Name of person signing bid _________________N/A______________________________________ Please print

Signature of person signing bid _________________N/A______________________________________ Please sign

Name of business ______________________N/A_________________________________

Date _____/_____/_____

Form No. WSO 1 Page 9

Bidders must state and identify the product offered, such as manufacturer’s name, trade name, brand name and qualify under each item on which they bid.

DELIVERY TO BE MADE TO THE Worcester County Sheriff's Office Bidder to complete items below:

DESCRIPTION UNIT COST

(Per Semester)

TOTAL COST

(Per Year)

TOTAL COST

(For all 3 years combined)

Music Bid (as per specs)

No price adjustment allowed. Price quoted are final, check them before signing.

TO ALL VENDORS SUBMITTING PROPOSALS - F.O.B. Destination – NO FUEL, DELIVERY OR SURCHARGE OF ANY

TYPE WILL BE ACCEPTED

BIDDERS NAME: ________________________________________________________________________

Award to be made by the Worcester County Sheriff's Office within 12 working days from the date of bid opening.

(N.B. Please refer to Section No. 34 relative to delivery.)

The award is subject to the approval of the Sheriff.

The award will be based on the following:

1 Specifications set out in bid.

2 Experience with other agencies (including references) if requested.

3 Price.

4 Design of program and services (if requested).

5 In addition, please refer to Section 17.

6 Location of technical support personnel.

WORCESTER COUNTY SHERIFF’S OFFICE

INVITIATION TO BID

WCSO-2026-0006

MUSIC BID

The Worcester County Sheriff’s Office seeks sealed bids for a qualified organization to provide transformative Music-Based Rehabilitation and Reentry Programming for incarcerated individuals at the Worcester County Jail and House of Correction, as per specifications, will be received in the Finance Department at the Worcester Sheriff’s Office, 5 Paul X. Tivnan Drive, West Boylston, MA 01583, until 10:00am local time on Wednesday, November 19, 2025 and at that time publicly opened and read.

Bid packets with specifications may be obtained on COMMBUYS or by emailing Tracy Sullivan at TSullivan@sdw.state.ma.us . The Worcester Sheriff’s Office reserves the right to reject any and all bids.

Oct 27, Nov 03, 2025

WORCESTER COUNTY SHERIFF'S OFFICE

5 PAUL X. TIVNAN DRIVE

WEST BOYLSTON, MA 01583

REQUEST FOR RESPONSE FOR GOODS OR SERVICES

REQUIRED CONTRACT FORMS

Procurement Department: Finance @ Worcester County Sheriff's Office

Procurement Contact Person: Tracy Sullivan

Address: 5 Paul X. Tivnan Drive West Boylston, MA 01583

Tel: 508-854-1954 Fax: 508-854-1878

Email: TSullivan@sdw.state.ma.us

RFR Name: Music Bid

RFR Number: WCSO-2026-0006

Documents required by this RFR are noted by an “X” in the boxes below:

COMMONWEALTH TERMS & CONDITIONS

REQUEST FOR TAXPAYER ID NUMBER (SUBSTITUTE W-9 FORM)

STANDARD CONTRACT FORM

CONTRACTOR AUTHORIZED SIGNATORY LISTING FORM

AUTHORIZATION for ELECTRONIC PAYMENT FORM

BUSINESS REFERENCE FORM

PROMPT PAYMENT DISCOUNT FORM

NON-COLLUSION FORM

CORI-FORM

WORCESTER COUNTY SHERIFF'S OFFICE

5 PAUL X. TIVNAN

WEST BOYLSTON, MA 01583

Scope of Work

WCSO-2026-0006

Music Bid

I. Introduction

The Worcester County Sheriff’s Office (WCSO) seeks a qualified organization to provide transformative music-based programming for incarcerated individuals at the Worcester County Jail and House of Correction in which they will report directly to the Director of Educational Services.

Program Objectives

• Reduce recidivism and support successful reentry through music education

• Foster skill development, self-expression, and personal growth

• Include opportunities for participants to create and perform original music

• Integrate instructional, rehabilitative, and reentry-focused services through a cohesive, multi-pillar model

Only organizations capable of delivering a comprehensive program including in-facility music education, community reentry support, and participant-produced music through a record label model will be considered.

II. Scope of Services

The selected provider will deliver services across three integrated pillars:

1. Music Connections (In-Facility Instruction)

• Group classes in music theory, piano, songwriting, beatmaking and production, and performance.

• Facilitate original music project for skill development and self-expression

• Provide structured weekly instruction at the Worcester County Jail and House of

Correction

2. Community Connections (Reentry Support)

• Support Participants’ transition to the community through mentoring, skill-building, and music-related opportunities

• Engage participants in collaborative projects strengthening communication, goal-setting, and personal accountability

• Maintain ongoing participant engagement post-release to support sustained reentry success.

3. Showcase & Recording Projects

• Produce professional-quality recordings of participant-created music

• Facilitate quarterly showcases highlighting participant achievements

• Document progress, skill development, and engagement metrics for evaluation

4. Staffing & Program Administration

• Instructors must have professional music experience and experience working with justice-involved individuals

• Provide consistent facilitators to build trust and continuity

• Maintain capacity to manage scheduling, evaluation, and reporting requirements

III. Required Qualifications

Applicants must demonstrate:

• Minimum 5 years of experience delivering music-based programming in correctional or reentry settings

• Proven experience producing original music projects with justice-involved individuals

• Ability to integrate in-facility instruction, reentry support, and music production through a multi-pillar program

• Evidence of measurable outcomes, including skill development, behavioral growth, and reentry success

• Experience collaborating with community partners or schools to support participants

• Awarded bidder must abide by all WCSO training and hiring polices as well as pass a CORI check.

IV. Deliverables

• Minimum of 6 hours/week of in-facility instruction

• Quarterly showcase and/or professionally produced music recordings

• Documentation of participant engagement, skill development, and outcomes

• Quarterly reports aligning with WCSO rehabilitation and recidivism objectives

V. Evaluation Criteria

Proposals will be evaluated based on:

• Alignment with WCSO rehabilitation, reentry, and music education objectives

• Experience in correctional, reentry, and community-based music programming

• Staff qualifications and experience with justice-involved individuals

• Evidence of measurable outcomes and organizational capacity to manage a multi-pillar program

VI. Contract Term

The contract will be awarded for 3 years for the Spring & Fall semesters (exact dates to be determined), with annual renewals contingent on performance, funding, and program outcomes.

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 MMARS 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

MMARS Doc 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 07/01/2025 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:

MMARS Doc 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 07/01/2025 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 OF MASSACHUSETTS

STANDARD CONTRACT FORM INSTRUCTIONS AND CONTRACTOR CERTIFICATIONS

Updated 11/01/2024

INSTRUCTIONS

The following Instructions, Contractor Certifications and the applicable Commonwealth Terms and Conditions are incorporated by reference into an executed Standard Contract Form. Instructions are provided to assist with completion of the Standard Contract Form. Additional terms are incorporated by reference. Links to legal citations are to unofficial versions and Departments and Contractors should consult with their legal counsel to ensure compliance with all legal requirements. Please note that not all applicable laws have been cited.

Contractor Legal Name (and D/B/A) Enter the Full Legal Name of the Contractor's business as it appears on the Contractor’s Form W-9 or Form W-4 (Contract Employees only) and the applicable Commonwealth Terms and Conditions. If Contractor also has a “doing business as” (d/b/a) name, BOTH the legal name and the “d/b/a” name must appear in this section.

Contractor Legal Address Enter the Legal Address of the Contractor as it appears on the Contractor’s Form W-9 or Form W-4 (Contract Employees only) which must match the legal address on the 1099I table in MMARS (or the Legal Address in HR/CMS for a Contract Employee).

Contractor Contract Manager Enter the authorized Contract Manager who will be responsible for managing the Contract. The Contract Manager should be an Authorized Signatory, or, at a minimum, a person designated by the Contractor to represent the Contractor, receive legal notices and negotiate ongoing Contract issues. The Contract Manager is considered “Key Personnel” and may not be changed without the prior written approval of the Department. If the Contract is posted on COMMBUYS, the name of the Contract Manager must be included in the Contract on COMMBUYS.

Contractor Email Address/Phone/Fax Enter the email address, phone and fax number of the Contractor Contract Manager. This information must be kept current by the Contractor to ensure that the Department can contact the Contractor and provide any required legal notices. Notice received by the Contract Manager (with confirmation of actual receipt) through the listed address, fax number(s) or email address will meet any written legal notice requirements.

Contractor Vendor Code The Department must enter the MMARS Vendor Code assigned by the Commonwealth. If a Vendor Code has not yet been assigned, leave this space blank and the Department will complete this section when a Vendor Code has been assigned. The Department is responsible under the Vendor File and Form W-9s Policy for verifying with authorized signatories of the Contractor, as part of contract execution, that the legal name, address and Federal Tax Identification Number (TIN) in the Contract documents match the state accounting system.

Vendor Code Address ID (e.g., “AD001”) The Department must enter the MMARS Vendor Code Address ID identifying the payment remittance address for Contract payments, which MUST be set up for Electronic Funds Transfer (EFT) payments PRIOR to the first payment under the Contract in accordance with the Bill Payments and Vendor/Customer File and Form W-9 Policies.

Commonwealth Department Name Enter the full Department name with the authority to obligate funds encumbered for the Contract.

Commonwealth MMARS Alpha Department Code Enter the three (3) letter MMARS Code assigned to this Commonwealth Department in the state accounting system.

Department Business Mailing Address Enter the address where all formal correspondence to the Department must be sent. Unless otherwise specified in the Contract, legal notice sent or received by the Department’s Contract Manager (with confirmation of actual receipt) through the listed address, fax number(s) or email address for the Contract Manager will meet any requirements for legal notice.

Department Billing Address Enter the Billing Address or email address if invoices must be sent to a different location. Billing, confirmation of delivery or performance issues should be resolved through the listed Contract Managers.

Department Contract Manager https://www.powerdms.com/public/MAComptroller/documents/1779894 https://www.powerdms.com/public/MAComptroller/documents/1779647 https://www.powerdms.com/public/MAComptroller/documents/1779894

Page 2 of 11 Standard Contract Form Instructions and Contractor Certifications – Updated 11/01/2024

Identify the authorized Contract Manager who will be responsible for managing the Contract, who should be an authorized signatory, or an employee designated by the Department to represent the Department to receive legal notices and negotiate ongoing Contract issues.

Department Email Address/Phone/Fax Enter the email address, phone and fax number of the Department Contract Manager. Unless otherwise specified in the Contract, legal notice sent or received by the Contract Manager (with confirmation of actual receipt) through the listed address, fax number(s) or e- mail address will meet any requirements for written notice under the Contract.

MMARS Document ID(s) Enter the MMARS 20-character encumbrance transaction number associated with this Contract, which must remain the same for the life of the Contract. If multiple numbers exist for this Contract, identify all Document IDs.

RFR/Procurement or Other ID Number or Name Enter the Request for Response (RFR) or other Procurement Reference number, Contract ID Number or other reference or tracking number for this Contract or Amendment which will be entered into the Board Award Field in the MMARS encumbrance transaction for this Contract.

NEW CONTRACTS (Left Side of Form) Complete this section ONLY if this Contract is brand new, or to enter into an Interim Contract with a new Contractor when a current Contractor is unable to complete full performance under a Contract. (Complete the CONTRACT AMENDMENT section for any material changes to an existing or an expired Contract, to enter into an Interim Contract with a current Contractor, and for exercising options to renew or annual contracts under a multi-year procurement or grant program.)

Procurement or Exception Type Check the appropriate type of procurement or exception for this Contract. Only one option can be selected. See the Office of the Comptroller Guidance for Vendors Policies (State Finance Law and General Requirements, Acquisition Policy and Fixed Assets) and the Operational Services Division Conducting Best Value Procurements Handbook for details.

Statewide Contract (OSD or an OSD-designated Department) Check this option for a Statewide Contract under the Operational Services Division (OSD), or by an OSD-designated Department.

Collective Purchase approved by OSD Check this option for Contracts approved by the Operational Services Division (OSD) for collective purchases through federal, state, or local government or other entities.

Department Procurement Check this option for a Department contract procurement including state grants and federal sub-grants under 815 CMR 2.00 and State Grants and Federal Subgrants Policy, Departmental Master Agreements (MA). If this is a multi-Department user Contract, state that multi-Department use is allowable in the section labeled “Brief Description.”

Emergency Contract Check this option when the Department has determined that an unforeseen crisis or incident has arisen which requires or mandates immediate purchases to avoid substantial harm to the functioning of government, the provision of necessary or mandated services, or where the health, welfare or safety of clients or other persons or serious damage to property is threatened.

Contract Employee Check this option when the Department requires the performance of an Individual Contractor, and when the planned Contract performance with an Individual has been classified using the Employment Status Form (prior to the Contractor's selection) as work of a Contract Employee and not that of an Independent Contractor.

Interim Contracts https://www.mass.gov/regulations/815-CMR-2-state-grants-federal-grant-awards-federal-subgrants-and-subsidies

Page 3 of 11 Standard Contract Form Instructions and Contractor Certifications – Updated 11/01/2024

Check this option for an Interim Contract with a new Contractor whenever an existing Contract has been or will be terminated or suspended for any reason or whenever a current Contractor is unable to complete full performance under a Contract. An Interim Contract may be offered to the bidder that offered the next Best Value response under the original procurement and under the same terms and prices offered in that bidder’s original response. The duration of an Interim Contract shall be limited to the remaining time available under the duration stated in the original RFR, including any options to renew. If the Department is unable to negotiate a Contract with any of the original bidders who submitted responses, in their original rank order according to Best Value, and under the same terms as offered in their original response, the Department will be required to conduct a new competitive procurement.

Other Procurement Exception Check this option when another procurement exception exists, such as legislation with specific language naming the Contractor as a recipient of a grant or contract, an existing legal obligation, a prohibition or other circumstance that exempts or prohibits a Contract from being competitively procured, or identify any other procurement exception not already listed.

Legislative “earmarks” exempt the Contract solely from procurement requirements; all other Contract and state finance laws and policies apply. Supporting documentation must be attached to explain and justify the exemption.

CONTRACT AMENDMENT (Right Side of Form) Complete this section for any Contract being renewed or amended or to enter into an Interim Contract with a current Contractor when a new procurement will not be completed prior to the expiration of the current Contract. All Contracts with available options to renew must be amended referencing the original procurement and Contract Document IDs, since all continuing contracts must be maintained in the same Contract file (even if the underlying appropriation changes each fiscal year). See “Amendments, Suspensions, and Termination Policy.”

Enter Current Contract End Date Enter the termination date of the Current Contract being amended, even if this date has already passed. (Note: Current Start Date is not requested since this date does not change and is already recorded in MMARS.)

Enter Amendment Amount Enter the amount of the Amendment increase or decrease to a Maximum Obligation Contract. Enter “no change” for Rate Contracts or if there is no change.

Amendment Type Identify the type of Amendment being made. Documentation supporting the updates to performance and budget must be attached.

Amendment to Date, Scope or Budget Check this option when renewing a Contract or executing an Amendment (“material change” in Contract terms) even if the Contract has lapsed. The parties may negotiate a change in any element of Contract performance or cost identified in the RFR or the Contractor’s response which results in lower costs, or a more cost-effective or better value performance than was presented in the original selected response, provided the negotiation results in a better value within the scope of the RFR than what was proposed by the Contractor in the original selected response. Any “material change” in the Contract terms must be memorialized in a formal Amendment even if a corresponding MMARS transaction is not needed to support the change.

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.

Interim Contracts Check this option for an Interim Contract with a current Contractor when a new competitive procurement has been commenced, but due to an unanticipated delay, has not been completed prior to the end of the duration available under the current Contract, as specified in that Contract's original RFR. An Interim Contract may be used to extend the current Contract under the same terms and conditions only for the period necessary to complete the competitive procurement, including the execution of new Contracts.

Contract…