RFR 24-00666 Communication Equipment Installation Rights_Revision 1.docx

REQUEST FOR RESPONSE

Data Center and Colocation Services RFR # 24-00666 / COMMBUYS Bid# BD-24-1060-ITD00-ITD00-97302

COMMONWEALTH OF MASSACHUSETTS

Executive Office of Technology Services and Security Request for Response (RFR) # PCR-24-00666

Document Title: Land Mobile and Microwave Radio Communication Equipment Site and Tower Installation Rights Procurement (Reissued February 2024 for Apparent Successful Bidders)

COMMBUYS Bid#: BD-24-1060-ITD00-ITD00-97302

Original Opening Date: March 1, 2022 (original COMMBUYS Bid# BD-22-1060-ITD00-ITD00-70921 and PCR-22-00672)

Re-Opening Date: February 13, 2024 Revision 1: March 12, 2024

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

All Response and related documents submitted in response to this RFR become public records at the time of an announced award and are subject to the Massachusetts Public Records Law, M.G.L. c. 4, s. 7, ss. 26, and M.G.L. c. 66, s. 10 Any statements in submitted Responses that are inconsistent with these statutes will be disregarded. ALL RESPONSES HERETO SHALL BECOME PUBLIC RECORD AS OF THE DATE THE CONTRACT REFERENCED HEREIN IS AWARDED, AND CAN BE OBTAINED BY SUBMITTING A REQUEST ONLINE AT https://www.mass.gov/executive-office-of-technology-services-and-security-prr ANY PORTIONS OF A RESPONSE THAT ARE LABELED AS CONFIDENTIAL WILL STILL BE CONSIDERED PUBLIC RECORD.

February 13, 2024: Pursuant to Sections 4(a) and 4(b) of this RFR, the Purchasing Department is reopening this RFR to obtain additional Bids for new named, preferred communications site locations from Bidders previously named as Apparent Successful Bidders (ASBs) to procurement PCR-22-00672 (COMMBUYS No. BD-22-1060-ITD00-ITD00-70921).

Bidding on this procurement document is limited to the following Bidders:

1. American Towers LLC (on behalf of its subsidiaries and affiliated companies)

2. Cellco Partnership d/b/a Verizon Wireless

3. Crown Castle (Crown Castle International Inc., Crown Castle USA Inc., and Crown Castle Fiber LLC)

4. Industrial Tower and Wireless, LLC

5. Vertex Towers, LLC (of Sharon, MA)

This solicitation document is being issued in coordination with the solicitation document COMMBUYS Bid No. BD-24-1060-ITD00-ITD00-97304. Interested Bidders not listed above as Apparent Successful Bidders must respond to solicitation document COMMBUYS Bid No. BD-24-1060-ITD00-ITD00-97304.

This procurement is seeking bids on 30 different communication site locations. These search areas are depicted below:

Included among this list are 5 sites that are being rebid with modified search rings and 3 new communication site locations. Bidders are asked to check whether or not their company(ies) operate communications sites within the modified and new search rings. The modified communications sites search areas are marked in yellow below and highlighted in yellow in the Business Response Workbook. The new communications sites search areas are marked in green below and highlighted in green in the Business Response Workbook.

Please also note that Bidders that operate more than one tower within the search area for a particular site can list each individual tower/site in the two sections (listed "Bidder Response" and "Bidder Response 2nd Site") on the “Bid Sites” tab of the Business Response Workbook. Instructions are included in the Business Response Workbook.

To aid Bidders that have previously responded to a prior version of this solicitation, yellow highlighting has been used to indicate new or changed content. Bidders are responsible for reading the entirety of this solicitation.

1. Description or Purpose of Procurement The Commonwealth of Massachusetts Executive Office of Technology Services and Security (“EOTSS”) and the Department of State Police (“MSP”) are soliciting Bids to establish contracts with communication and tower site owners or managers for the installation of land mobile radio, microwave radio, and related equipment at multiple sites throughout the Commonwealth. This RFR is intended to (1) establish contractual relationships with multiple successful Bidders for the use of tower and site ground or shelter space at Bidder-owned communications sites and (2) enter into multi-year agreements for the installation of communications equipment to support the modernized Commonwealth of Massachusetts Interoperable Radio System (CoMIRS) in the vicinity of named, preferred locations.

EOTSS is issuing this RFR on behalf of the State 911 Department, public safety answering points (PSAPs) throughout the Commonwealth, and other user agencies of the state’s interoperable public safety radio network. EOTSS and the Department of State Police are eligible to use, and may purchase directly from, the resulting limited department user contract.

This procurement was originally opened on March 1, 2022. The procurement was reopened on February 3, 2023 to obtain additional Bids on additional communications sites from Bidders already named Apparent Successful Bidder.

The original RFR (issued March 1, 2022) had two parts. The RFR Part 1 established communications site owners as “pre-approved” to enter into agreements with EOTSS or MSP for use and installation of communications equipment at their sites. Bidders already named an “Apparent Successful Bidder” under the original procurement have already submitted the information required under RFR Part 1.

The second part of the original RFR and this reopened RFR seeks bids to specific locations of interest for the initial phase of the CoMIRS Modernization Project. Part 2 of this solicitation document includes the named, preferred communications site locations originally issued as part of the original RFR (issued March 1, 2022), as well as several additional locations of interest. Previous Bids submitted by Apparent Successful Bidders to the original seventeen (17) communications sites in RFR Part 2 are still valid. Bidders may submit additional information or additional bids to those original seventeen (17) locations (numbered Sites 1 through 17 in the Business Response Workbook attachment) and may submit Bids on the additional sites (with numbering starting at Site 18 in the Business Response Workbook attachment).

The RFR Part 2 is open exclusively to Bidders that have submitted successful bids to the RFR Part 1. There will be multiple awards to RFR Part 2.

2. Applicable Procurement Law

Executive Branch Goods and Services

3. Acquisition Method

4. Whether Single or Multiple Contractors are Required for Contract Check One (“X”):

a. Estimated Number of Awards The SST anticipates that multiple awards may be issued for this procurement based on the number of named, preferred locations solicited for bid. The procurement may be reopened, at a later date at any point during the maximum duration specified in RFR Section 6. “Expected Duration of Contract,” for additional awards. The Purchasing Department reserves the right to execute an agreement with any number of qualified Bidders, or with none at all, if doing so is in the best interests of the Commonwealth.

b. Adding Contractors after Initial Contract Award If, over the life of the contract, the Purchasing Department determines that additional Contractors may be added, these may be drawn from qualified companies which responded to the RFR but were not awarded Contracts. If necessary, to meet the requirements of the Commonwealth, the RFR may be reopened to obtain additional Bids.

5. Entities Eligible to Use the Resulting Contract

This RFR is being issued by EOTSS, in partnership with the MSP. The State Police are responsible for overseeing and maintaining the CoMIRS radio system and other public safety radio systems. Either EOTSS or MSP may be the “Issuing Entity” or “Purchasing Department” under this solicitation.

6. Expected Duration of Contract (Initial Duration and any Options to Renew)

Initial Duration

Total Maximum Contract Duration

All agreements entered into during the duration of this Contract whose performance timeframes extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than five (5) years beyond the current Contract term. No new agreements may be executed after the Contract has expired.

7. Contract Performance and Business Specifications

7.1 Company Qualifications

Successful Bidders to Part 1 or Part 2 of this RFR must demonstrate the following:

1. The Bidder must be the sole owner or have contractual authority to provide one or more communications sites in the coverage area of the Commonwealth of Massachusetts.

2. The Bidder must be financially solvent and demonstrate an ability to maintain proposed communication sites for the maximum duration of potential contracts under this RFR.

3. All successful Bidders will be responsible for meeting all applicable Federal, State, and local laws and regulations, and for obtaining all necessary Federal, State and Town permits at their own expense.

7.2 Typical Site Specifications

Sites procured under this RFR are likely to be characterized by the following specifications. The details of each site-specific need will be provided to respondents based on their responses to the RFR Part 2. In general, the Issuing Entity would be looking for:

1. Ground space for a dedicated communications shelter (up to 12’ x 26’ in size) or managed shelter with a secure caged area or separate entrance with space for three (3) equipment racks (24” x 24”), connected and aligned in a single row with three (3) foot clearance on front and rear

2. Ground space for an outdoor generator and fuel tanks or access to emergency generator large enough to handle planned equipment loading

3. Access to suitable street power with a separate meter (meter or submeter is allowable)

4. Potential multiple RF (omni-directional or panel) antennas with 7/8” feedlines

5. Potential tower top amplifier with ½” feedline

6. Potential microwave antennas with waveguide

7. Potential fiber connectivity

7.3 Structural Analysis

A structural analysis must be approved by the Issuing Entity before installation of any equipment. Any structural improvements that must be made to the tower will be done at the successful Bidder’s expense, unless otherwise agreed to in writing and in advance by the Issuing Entity.

7.4 Typical Communications Site Requirements

The Bidder will be responsible for the proper upkeep of its communications sites, as defined in site specific agreements that may be entered into under this solicitation. The following are requirements to be negotiated and expected to be included in any resulting agreement for the use of sites requested under RFR Part 2:

1. Twist and sway for microwave antennas must meet or exceed EIA/TIA 222 Rev G and in no case can microwave antennas move more than 0.5 degree in any direction from the path.

2. The Bidder will be responsible for appropriate tower maintenance and routine inspections.

3. The Issuing Entities and its designees will have 24/7 access to towers and equipment enclosures for installation/repairs.

4. The Bidder will be responsible for maintaining owned road access to the site.

5. The Bidder will maintain a high level of security at the site.

6. The Bidder will provide advance notice when antennas must be taken offline for tower or other maintenance.

7. The Bidder will provide access to power on site. The Issuing Entities will be responsible for monthly bills for these services, unless otherwise agreed to in writing. The Bidder will be responsible for proper maintenance of the electrical infrastructure for each contracted site.

8. The Issuing Entities may require security checks and prior permissions to enter Commonwealth electronics shelters. The Bidder will provide prior notice for any requested access to Commonwealth property.

9. The Bidder will be responsible for site cleanup and general upkeep (including upkeep of Bidder owned structures, proper maintenance for fencing and gates, and site landscaping for control of overgrown brush and weeds).

7.5 No Cost Lease Option

Historically, the rights to install public safety communications equipment at some communications sites has been provided at no cost to the Commonwealth. Preference will be given to sites offered to the Commonwealth as $0 or reduced rate leases.

8. Omitted This section is intentionally omitted.

9. Supplier Diversity Plan

9.1 Program Background

Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

9.2 Financial Commitment Requirements

All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

9.3 Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

· Disability-Owned Business Enterprise (DOBE)

· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

9.4 Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners as follows:

· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

9.5 Program Flexibility

The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

· SDP Partners are not required to be subcontractors.

· SDP Partners are not required to be Massachusetts-based businesses.

· SDP Partners may be changed or added during the term of the contract, provided the Contractor continues to meet its SDP Commitment.

9.6 SDP Plan Form Requirements

All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

9.7 Bidders may propose SDP Partners that are:

· Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

· Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

· Which departments/units within the business are responsible for implementing supplier diversity.

· Types of opportunities for which diverse and small businesses are considered.

· Specific measures/methods of engagement of diverse and small businesses.

· An existing internal supplier diversity policy.

· Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

· Serving as a mentor in a mentor-protégé relationship.

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

· Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

9.8 Evaluation of SDP Forms

To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

9.9 SDP Spending Reports and Compliance

After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

9.10 SDP Spending Verification

The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

9.11 Program Resources and Assistance

Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

10. Environmentally Preferable Products Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Bid responses must identify how a contractor meets these goals.

11. Evaluation Criteria Bidders must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes. A Bidder’s response may be excluded for failure to meet one or more of the requirements of this RFR. A Bidder’s response may also be excluded for failure to meet the Purchasing Department’s internal affordability threshold.

Responses will be evaluated based upon the following weighted order:

1. Ability to meet the requirements of RFR

2. Price

3. Supplier Diversity Program Submission

4. Bidder Qualifications

5. Bidder References

12. Instructions for Submission of Responses Only electronic responses submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

13. Bidder Qualifications Bidders must describe their business background, including number of years in business, and the number of communications sites the Bidder manages. Bidders must confirm their financial stability and disclose any current or substantial litigation, prior or current settlements as well as contract defaults. Bidders must certify that they are not presently debarred, suspended, proposed for debarment, or otherwise ineligible for contract award by any Federal, State or Local governmental entity.

Successful Bidders to this procurement must demonstrate the following:

1. The Bidder must be the sole owner or have contractual authority to provide one or more communications sites in the coverage area of the Commonwealth of Massachusetts.

2. The Bidder must be financially solvent and demonstrate an ability to maintain proposed communication sites for the maximum duration of potential contracts under this RFR.

3. All successful Bidders will be responsible for meeting all applicable Federal, State, and local laws and regulations, and for obtaining all necessary Federal, State and Town permits at their own expense.

Bidders must maintain and provide proof, upon request, of all applicable insurance coverages. Prior to award, Bidders must provide an electronic copy of its Certificate of Insurance (COI) with the Issuing Entity listed among the additionally insured.

14. References References may be requested by the Commonwealth as part of a Best and Final Offer request.

15. Bidder Responses and Submission Checklist Bidders’ responses must include, at a minimum, the following:

1. Submit a Cover Letter

a) The Cover Letter must be signed by an authorized representative of the Bidder.

b) The Cover Letter must include the following statement:

“Bidder hereby attests that it has read and agreed to all terms of the RFR, including without limitation all documents listed in Section 18 (Required Forms). Bidder will sign the Standard Contract Form as a condition of entering into a contract under the RFR.”

2. Complete the RFR Business Response Workbook

NOTE TO APPARENT SUCCESSFUL BIDDERS: Apparent Successful Bidders may omit resubmission of the “Complete Company Profile” worksheet. Bidders are asked to include any updates to information previously submitted on this worksheet.

a) Complete worksheet “Complete Company Profile”. This information is required for RFR Part 1. Include the following:

i. Business addresses

ii. Contact information

iii. Numbers of towers owned/managed

iv. Description of the company’s services

v. Years in service

vi. Statements of financial condition, active litigation, and eligibility to enter into contracts with the Commonwealth

NOTE TO APPARENT SUCCESSFUL BIDDERS: Apparent Successful Bidders may omit resubmission of the “List All Towers” worksheet. Bidders are asked to include information about any new towers not included in its original submission.

b) Complete worksheet “List All Towers”. This information is required for RFR Part 1. Provide summary information about each site managed by the Bidder. Bidders may provide this information in an alternate format, provided the following categories of information are included:

i. Tower identification numbers

ii. Tower location

iii. Tower type, height, and construction year

iv. Ownership information (tower, shelter, land)

v. Availability (tower space, shelter space, ground space)

vi. Utilities availability (electricity, phone, fiber)

NOTE TO APPARENT SUCCESSFUL BIDDERS: Apparent Successful Bidders are to submit bids on any new sites and any sites with modified search rings. These include Bournedale (Site 18), Woburn (Site 19), New Bedford (Site 22), Mendon (Site 31), Monson (Site 32), Wrentham (Site 33), Waltham (Site 34), and Oxford (Site 35). Additionally, ASBs may submit additional communications sites/towers for locations in prior issuances of this RFR. Any information previously submitted will still be considered by the SST and need not be resubmitted, unless otherwise requested in this re-opened RFR.

c) Complete worksheet “Bid Sites”. The Purchasing Department has identified geographic locations that are of interest for installing communications equipment related to the CoMIRS radio system. The target geographic location and site needs for each communication site are listed on worksheet “Bid Sites”. Bidders should only respond to sites where the Bidder owns or manages communications sites in the geographic area requested or in the vicinity thereof. This information is required for RFR Part 2. Bidders are asked to provide the following for each site bid:

i. Tower name and identifying numbers

ii. Tower location

iii. Space availability

iv. Antenna centerlines available

v. Shelter and ground space available

vi. Utilities and fiber availability

d) Attach information about each bid site.

i. Attach pricing information for each bid site

ii. Attach site photos and site diagrams for each bid site

iii. Attach redlined version of Attachment B “Template U09 Information Technology Equipment Lease Agreement” or alternate proposed site lease agreement

3. Submit All Required Forms

a) Submit all forms listed in Section 18 (“Required Forms”).

b) Bidders proposing professional services in response to this RFR must respond with a redlined Attachment A “Template Statement of Work” in its response.

c) Bidders responding to RFR Part 2 must submit either a redlined version of Attachment B “Template U09 Information Technology Equipment Lease Agreement” or an alternate Bidder proposed site lease agreement.

16. Order of Precedence The contract(s) resulting from this RFR shall consist of the following documents in the following order of precedence:

1. the Commonwealth’s Terms and Conditions for Information Technology Contracts;

2. the Commonwealth’s Standard Contract Form;

3. this RFR (COMMBUYS Bid#: BD-24-1060-ITD00-ITD00-97302);

4. any statement of work or other agreement negotiated between and executed by the parties; and

5. the Bidder’s response hereto (including all amendments thereto and responses to requests for clarification or requests for Best and Final Offer).

17. Estimated Procurement Calendar

3/21/2024 3:00 pm

Bidders are required to monitor COMMBUYS for changes to the Estimated Procurement Calendar for this Bid. All Bids must be received before the Deadline for Quotes/Business Responses specified above. Pursuant to 801 CMR 21.06(11), the Purchasing Department may request one or more Bidder(s) to provide a Best and Final Offer (BAFO). The Purchasing Department will distribute specific information regarding submission requirements, timelines, and information about its BAFO evaluation process to those Bidder(s) selected for participation in the BAFO. A Bidder is not required to submit a BAFO in response to the Purchasing Department’s request and may notify the Purchasing Department in writing of its intent to maintain its original, submitted offer.

17.1 Online Questions (Bid Q&A)

Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

17.2 Written Responses to Questions

Written responses to questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above).

17.3 Bid Amendment Deadline

The Purchasing Department reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The Purchasing Department and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

17.4 Bidder Conference

As of the Bid Release Date, no Bidder Conference has been scheduled for this reopened procurement. If a Bidder is interested in a Bidder Conference, a request can be submitted as instructed in Section 17.1. If scheduled, the details for accessing the Bidder Conference will be posted to COMMBUYS.

18. Required Forms Responses to this RFR must contain the following documents:

The above attachments are available as part of the Bid record on COMMBUYS (www.commbuys.com).

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

19. Miscellaneous

19.1 General

By submitting a proposal in response to this RFR, Bidders agree to the following terms:

1. The Purchasing Department will not pay for any costs other than those agreed to by the parties and outlined in the Bidder’s response to this.

2. All bids submitted in response to this RFR must be valid for a minimum of ninety (90) calendar days.

3. Extraneous marketing or promotional materials are discouraged, and such information will not be factored into the evaluation of Bidders.

4. The Purchasing Department will not pay any costs related to Bidder’s bid submission / demonstrations / presentations.

5. Bidder must acknowledge that any data, processes and resources owned by the Commonwealth shall remain the property of the Commonwealth; the Bidder shall not access any Commonwealth Data except as expressly provided by the terms herein to provide services. Bidders are prohibited from using, collecting, or disclosing any information acquired as a result of the contract.

6. Bidder must be willing to work with the Issuing Entity on design, implementation, and operational processes during the length of the engagement including prior to equipment installation.

7. Bidder may be required to sign a non-disclosure agreement.

8. Bidder will implement and maintain appropriate administrative, technical and organizational security measures to safeguard against unauthorized access, disclosure or theft.

9. The Issuing Entity shall cancel the contract if funds are not appropriated or otherwise made available to support continuation of performance in any fiscal year succeeding the first year, in the sole determination of the Issuing Entity.

10. Bidder’s service, or a portion thereof, may be terminated or suspended by the Issuing Entity for poor performance, failure to perform, fraud or other cause, including the Issuing Entity’s sole determination of performance, at any time for any reason without prior notice.

11. If at any time the contract is canceled, terminated or expires, or the awarded Bidder can no longer provide these services, and the Issuing Entity executes a contract with another provider, Bidder has the affirmative obligation to assist in the smooth transition of contract services to the new provider at no additional cost to the Issuing Entity.

12. Bidder must notify EOTSS immediately of any security incident upon becoming aware of such incident. Upon such knowledge, the successful Bidder shall notify the EOTSS contract manager by telephone and by email. The successful Bidder shall cooperate with EOTSS as reasonably requested to investigate and resolve the incident and implement necessary remedial measures, if any.

19.2 Bid/Response Rejection

The Purchasing Department reserves the right to reject any or all bids (responses), in whole or in part, that are for any reason deemed non-compliant or non-responsive per this RFR, its attachments or any subsequent changes. The Purchasing Department may reject a Bidder’s response when the Purchasing Department reasonably determines that the Bidder is not responsible or eligible, as provided under M.G.L. c. 29F s. f. Bidders are advised to check prior to submitting a response to ensure that they have the most recent RFR files. Bidders may not alter (manually or electronically) the RFR language or any RFR component files. Modifications to the body of the RFR, specifications, terms and conditions, or which change the intent of this RFR are prohibited and may disqualify a response.

19.3 Contract Amendments

The Purchasing Department reserves the right to amend this RFR or any contract resulting from this RFR. The Purchasing Department reserves the right to negotiate and execute contract(s), contract amendments, and site agreements with the awarded bidder which the Purchasing Department determines as necessary to result in the intent of this RFR or to result in a better valued contract. The Purchasing Department may negotiate, without limitation, changes in the contract expenditure, contract performance, increased or decreased obligations, scope of work, quantity, etc.

19.4 Limitations

This RFR does not commit the Commonwealth or the Purchasing Department to approve a contract or statement of work, pay any costs incurred in the preparation of a Bidder’s response to this RFR or to procure or contract for products or services. The Purchasing Department reserves the right to accept or reject any and all proposals received as a result of this RFR and to contract for some, all or none of the products and services as a result of this RFR. The Purchasing Department further reserves the right to negotiate with any or all qualified Bidders and to cancel in part or in its entirety this RFR if it is in the best interest of the Purchasing Department or the Commonwealth of Massachusetts to do so.

19.5 Review Rights

Responses to this RFR may be reviewed and evaluated by any person(s) at the discretion of the Purchasing Department including non-allied and independent consultants retained by the Purchasing Department now or in the future, for the sole purpose of obtaining an analysis of responses. Any and all respondents may be asked to further explain or clarify in writing areas of their response during the review process. The Purchasing Department retains the right to request further information from respondents.

19.6 Proprietary Notices

All bids submitted in response to this RFR shall be public record. All notices included in such bids to the effect that bid content is confidential or proprietary, that the distribution of such bids is prohibited, or that by opening or accepting the bid the Purchasing Department is accepting such terms, are null and void, and any portions of the response so marked shall still be considered public record.

19.7 Requirements at Contract or Engagement Termination

If applicable, should bidder have to transition these services to another supplier at the termination of this engagement, bidder shall make all commercially reasonable efforts to do so without disrupting the Commonwealth’s business continuity and disaster recovery needs.

19.8 Certificate of Good Standing

Please be advised that any Bidder(s) selected for a contract may be required to obtain a Certificate of Good Standing from the Department of Revenue prior to Contract execution. Additional information about this Certificate may be found at:

https://www.mass.gov/how-to/request-a-certificate-of-good-standing-tax-compliance-or-a-corporate-tax-lien-waiver http://www.dor.state.ma.us/rul_reg/AdminProcedure/AP613.htm.

19.9 Accessibility

In the event that Bidder will provide access to any IT systems, software, or applications in providing DR print and mail services, Bidder will ensure that such IT systems, software or applications comply with the Commonwealth’s accessibility requirements available at:

https://www.mass.gov/service-details/accessibility-for-it-solutions-contract-language

19.10 Collusion

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

19.11 Conflict of Interest

Bidders must acknowledge that, in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the Commonwealth; and, therefore, the Bidders agree to take measures to ensure that its officers, employees, agents, consultants and/or sub-contractors comply with applicable ethical standards and requirements of the Massachusetts Conflict of Interest law, Massachusetts General Law Chapter 268A. Bidder must disclose any potential or actual conflict of interest, including but not limited to, any relationship or interest, financial, business, beneficial or otherwise, which is in conflict with the proper discharge of their responsibilities described under the RFR and contract. If there is no conflict(s) of interest, so indicate. In cases where such relationship (s) and/or interests exist or appear to exist, the Bidder(s) shall describe how a potential or actual conflict of interest will be avoided.

19.12 Certificate of Insurance

The Purchasing Department requires that the successful Bidder to provide, at its own expense, and to ensure that any of its teaming partners and significant subcontractors maintain at their expense, insurance (including without limitation liability insurance and workers’ compensation). Prior to contract execution, the Purchasing Department may request certificates of insurance from Bidder.

19.13 Construction Work Requirements

Prevailing wage forms are attached to this procurement should construction, outdoor electrical work, or other defined prevailing wage services be requested and included in an agreement resulting from this procurement (see Attachment C). These forms are only intended for applicable services requested and included in an award under this RFR. These forms do not apply to all activities the Bidder may perform in maintaining or improving their communications sites. Bidders are required to meet all other municipal, state, and federal requirements for construction, labor, and related items.

In addition, Attachment C outlines the Workforce Participation Goals for any construction work to be performed by selected vendor as a result of this procurement.

20. RFR Attachments The following Attachments and Appendices are incorporated into this RFR. Bidders must comply with all terms in Appendices A through C.

Attachment A: Template Statement of Work – All services provided to Purchasing Department must be agreed to in writing. If services (e.g., site expansion) are being bid by the Bidder and to be paid for by the Purchasing Department, then the Bidder is asked to submit a redlined version of Attachment A with its response.

Attachment B: Template U09 Information Technology Equipment Lease Agreement – All agreements for the use of communications sites by the Purchasing Department must be agreed to in writing, in the form of a mutually agreed upon version of Attachment B “Template U09 Information Technology Equipment Lease Agreement” or a Bidder-provided site lease agreement, subject to changes negotiated by the Issuing Entity and Bidder. Bidders responding to RFR Part 2 must submit either a redlined version of Attachment B or a Bidder-proposed site lease agreement with its RFR Part 2 response.

Attachment C: Prevailing Wage Schedules and Workforce Participation Goals for Construction Work – This attachment outlines the Workforce Participation Goals and includes the prevailing wage rates for construction and outdoor electrical services in the mainland counties of the Commonwealth.

Appendix A: Required Specifications:

https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services/download

Appendix B: Electronic Quote Submission Instructions https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids/download

Appendix C: Enterprise Information Security Policies and Standards https://www.mass.gov/handbook/enterprise-information-security-policies-and-standards

Attachment A – Template Statement of Work

See file “Attachment A – Template Statement of Work” posted on COMMBUYS.

ATTACHMENT B – Template U09 Information Technology Equipment Lease Agreement

See file “Attachment B – Template U09 Information Technology Equipment Lease Agreement” posted on COMMBUYS.

ATTACHMENT C – Prevailing Wage Schedules and Workforce Participation Goals for Construction Work

Updated schedules posted to Attachment C.

See file “Attachment C – Prevailing Wage Schedules and Workforce Participation Goals for Construction Work” posted on COMMBUYS.

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