RFR 947 FINAL.pdf

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

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL

AFFAIRS

DEPARTMENT OF CONSERVATION AND RECREATION

Request for Response (RFR)

Document Title: DCR 947 Natural Surface Trail Planning, Design, Permitting, Maintenance, Repair, Training and Volunteer Coordination

BD-25-1020-DCRCU-DC250-111169

January 16, 2025

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www..com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m. Monday through Friday, Eastern Time, except during federal, state, and Suffolk County holidays.

http://www.commbuys.com/

Page ii

Table of Contents Page ii Table of Contents

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description ..............................................................................1 1.2 Applicable Procurement Law ...........................................................................................2 1.3 Number of awards ............................................................................................................2 1.4 Adding Bidders after initial Contract award ...................................................................3 1.5 Eligible Entities .................................................................................................................3 1.6 Acquisition Methods ........................................................................................................3 1.7 Contract Duration .............................................................................................................3 1.8 Estimated Value of the Contract ......................................................................................4 2

ESTIMATED PROCUREMENT CALENDAR

2.1 Written questions via the Bid Q&A on COMMBUYS ......................................................4 2.2 Locating Bid Q&A

2.3 Amendment Deadline .......................................................................................................5 3

SPECIFICATIONS

3.1 Bidder Qualifications

3.1.1 Company experience

3.1.2 References and reference information and/or requirements

3.2 Small Business Purchasing Program

3.2.1 Program Background

3.2.2 SBPP Award Preference

3.2.3 SBPP Participation Eligibility

3.2.4 SBPP Compliance Requirements

3.2.5 Program Resources and Assistance

3.3 Supplier Diversity Program

3.3.1 Program Background

3.3.2 Financial Commitment Requirements

3.3.3 Eligible SDP Partner Certification Categories

3.3.4 Eligible Types of Business-to-Business Relationships

3.3.5 Program Flexibility

3.3.6 SDP Plan Form Requirements

3.3.7 Evaluation of SDP Forms

3.3.8 SDP Spending Reports

3.3.9 SDP Spending Verification

3.3.10 Program Resources and Assistance

3.4 Environmental Specifications

3.4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

Page iii

3.5 Compensation Structure/Pricing ...................................................................................12 4

OTHER TERMS

4.1 Reporting. .......................................................................................................................13 4.2 Security and Confidentiality ..........................................................................................13 4.3 Alternatives .....................................................................................................................13 4.4 Compliance

5 AUDIT .................................................................................................................................13 6

EVALUATION CRITERIA

6.1 Mandatory requirements

6.2 Evaluation Components .................................................................................................14 7

HOW TO SUBMIT A QUOTE

7.1 Quote Submission Method ............................................................................................15 7.2 COMMBUYS Quote Submission Training and Instructions .........................................15 7.3 COMMBUYS Support......................................................................................................15 7.4 Bid Opening Date/Time ..................................................................................................16 7.5 Quote Contents

7.5.1 Electronic Signatures

7.5.2 Acceptable Forms of Signature

7.6 Limits and Restrictions

7.6.1 File Size Limits

7.6.2 File Format Restrictions

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

7.7.2 After Bid Opening Date/Time .........................................................................................17 8

APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Alterations

8.1.2 Ownership of Submitted Quotes

8.1.3 Prohibitions

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

8.2.2 Bidder’s Contact Information

8.2.3 Contractual Status of Orders and Service Contracts

8.2.4 Publicity

Page iv

9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

........................................................19 10 APPENDIX 3 - INSTRUCTIONS FOR EXECUTION

AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

10.1 Commonwealth Standard Contract Form

10.2 Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions ...28

10.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9

Form)

10.4 Bidder Authorized Signatory Listing

10.5 Supplier Diversity Program Plan Form

10.6 Current Environmentally Preferable Products / Practices Form

10.7 Prompt Payment Discount Form

10.8 Business Reference Form

11 APPENDIX 4– INSTRUCTIONS FOR BIDDERS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

APPENDIX7 Glossary

RFR 947 / COMMBUYS Bid# BD-25-1020-DCRCU-DC250-111169 Page

Purchasing Department Department of Conservation & Recreation

Address 136 Damon Road

City, State Zip Code Northampton, MA 01060

Procurement Contact Person Alexandra Echandi

Telephone Number 857-291-5614

E-Mail Address Alexandra.echandi2@mass.gov

RFR Name/Title Natural Surface Trail Planning, Design, Permitting, Maintenance, Repair, Training and Volunteer Coordination

RFR Number DCR 947

COMMBUYS Bid Number BD-25-1020-DCRCU-DC250-111169

Procurement Category Goods & Services

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts, Department of Conservation and Recreation (DCR) is seeking proposals from qualified Bidders (private or public entities or organizations) to provide Natural Surface Trail Planning, Design, Permitting, Maintenance, Repair, Training, Biological/Botanical Monitoring and Working with Volunteers.

DCR parks and forests contain over 4,000 miles of natural surface “woodland” forest roads and trails, that require on-going planning, repairs, maintenance, and associated design and permitting. Staff and volunteers who assist in maintaining the trails require regular training to ensure maintenance is completed appropriately. All work must be completed in accordance with DCR regulations 302 CMR 12.00, the most recent edition of the DCR Trails Guidelines and Best Practices Manual, and all applicable local and state regulations.

Service procured under this DCR Master Agreement include a full range of natural surface trail planning, design, permitting, monitoring, maintenance, repair, training, and working with volunteers. Specifically, services procured may include:

• Trail Planning: Both desktop and field scouting, field data collection using DCR’s trail schema and Field Maps, flagging, layout, and design of new, natural surface trail segments or re-routes on DCR lands.

Design parameters shall follow the most recent edition of the DCR Trails Guidelines and Best Practices Manual (DCR Trail Guidelines). Trail user groups include hiking, mountain biking, equestrian, cross country skiing, snowmobiling, and off-highway vehicle trails.

• Permitting: New trail, trail re-route, and trail repair projects relative to the Massachusetts Wetlands Protection Act, the Massachusetts Endangered Species Act, and the Massachusetts Historical Commission. This may include: wetland delineation, Request for Determination (RDA) and Notice of Intent (NOI) preparation and filing, Project Notification Form (PNF) preparation, MESA Checklist preparation and filing, rare species monitoring during project implementation, and other permit applications, as required. This may also include permit compliance strategies such as:

o Biological/Botanical Monitoring: rare species surveys, development of rare species protection plans and, rare species monitoring during project implementation.

o Cultural Resources Assessments: archaeological investigation, that may include archaeological field survey, documentary research, laboratory analysis, technical memorandum/report production, and other services as specified below, in order to assist the Massachusetts Department of Conservation & Recreation, Office of Cultural Resources in complying with federal and state legislation and regulations concerning the identification, evaluation, and protection of historic and/or archaeological resources. The consultant shall assemble a research team that meets the Secretary of the Interior’s Professional Qualifications for Archeology (36 CFR 61) and has previous relevant experience in the ancient and historical period archaeology of the relevant drainage and ecotones in which the project impact area is located. The Principal Investigator and research team shall meet the qualifications at 950 CMR 70.10

• Trail Repair Scoping: Evaluating, designing, estimating, and otherwise scoping repairs to trail tread improvements, including FSTAG trails, drainage structure installation and maintenance, steep slope structure installation and maintenance, and wet area crossing installation and maintenance. These repair categories are described in the DCR Trail Guidelines and other trail resource materials. This specifically includes evaluating, designing, estimating, and otherwise scoping trail wetland, puncheon, and stream crossing structures.

• Implementing basic trail maintenance as described in the DCR Trail Guidelines and Best Practices

Manual and implementing specific trail repairs and trail closure/restoration.

• Training of youth / youth corps, DCR staff and public volunteers in sustainable trail design, basic trail maintenance, and trail and trail structure repair.

• Signage Design and Installation following templates and standards detailed in the DCR Trail Manual.

Signage may include trailhead kiosks, welcome waysides, intersection markers, and directional signs.

• Managing volunteer projects.

1.2 Applicable Procurement Law

This Bid is issued under the following law(s):

• MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.3 Number of awards

DCR will award contracts to multiple bidders based upon bidder responses and the best interests of the

Department in meeting its needs, including the need to ensure geographic service coverage at specified

DCR properties throughout the Commonwealth of Massachusetts.

1.4 Adding Bidders after initial Contract award

If, over the life of the Contract, the DCR determines that additional Bidders should be added, these may first be drawn from qualified companies that responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional

Quotes.

DCR also reserves the right to suspend the review of additional submissions or close the solicitation for new responses entirely if it deems that the number of bidders awarded at that point adequately meets the DCR’s needs.

1.5 Eligible Entities

Any contract resulting from this Bid will be open for Issuing Entity use only.

1.6 Acquisition Methods

Fee for service

1.7 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of

Options

Number of

Years/Months Instructions

Initial Duration 3 Years From contract execution through April 3, Renewal Options 1 2 Years Following the Initial Contract Duration, 1 additional option to renew for 2 years may be exercised.

Total Maximum

Contract Duration

5 Years Through April 3, 2030

Renewal/extension of any contract will be at the discretion of DCR and subject to a performance evaluation. This evaluation may include, but not be limited to the following criteria:

• Selected Bidders’ overall performance

• Selected Bidders’ responsiveness to DCR inquiries

• Selected Bidders’ compliance with filing of invoices, reports, etc.

• Selected Bidders’ continued ability to provide contract services

• The availability of a Statewide Contract for similar services

If a Selected Bidder has not performed as required by this RFR corrective action will be taken by DCR. DCR may terminate a contract or forego a contract renewal if a bidder’s performance continues to be inadequate despite DCR warnings and opportunities to take corrective action.

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

1.8 Estimated Value of the Contract

The estimated value of procurement resulting from this Solicitation is estimated at $750,000. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This RFR will establish a Master Service Agreement (MSA) with several bidders providing similar goods and services. An MSA is a pre-qualified list of contract bidders from which DCR may purchase/procure goods and/or services.

Contract(s) resulting from this Bid will be set up as Rate Contract(s) and will not have a maximum obligation amount. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Funding for any contract resulting from this procurement is conditioned upon available funding.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date January 16, 2025

Deadline for Submission of Questions through

COMMBUYS “Bid Q&A”

January 31, 2025

Official Answers for Bid Q&A published (Estimated) February 7, 2025

Deadline for Quotes/Bid Responses (“Bid Opening

Date/Time” in COMMBUYS)

February 24, 2025

Estimated Contract Start Date April 1, 2025

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the DCR regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on

COMMBUYS (see below for instructions) and prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. 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.

Please note that questions submitted to the DCR using any other medium (including those that are sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the

Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing since all questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The DCR reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

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

It is the responsibility of the prospective Bidder and awarded Bidder 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 Bidder’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Bidder’s computer, network, or internet service provider (ISP), cause email communications sent to/from the prospective

Bidder/Awarded bidder and the Purchasing Department to be lost or rejected by any means, including email or spam filtering.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the

Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

2.3 Amendment Deadline

The DCR 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 DCR and the Commonwealth accepts 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.

3 SPECIFICATIONS

3.1 Bidder Qualifications

Successful Bidders must demonstrate knowledge and experience in sustainable, natural-surface trail planning, permitting, maintenance, repairs, staff and volunteer training. DCR’s preference is that applicants demonstrate knowledge and experience in all of these areas, however, responses may identify expertise in one or more of the following areas:

• Natural-Surface Trail Planning and Permitting: Submissions should describe the Bidder’s qualifications, knowledge and experience in various aspects of trail planning and permitting including, but not necessarily limited to:

o Sustainable trail layout and design o Trail tread and drainage design and repair scoping o Wetland and stream crossing design and repair scoping o Steep slope design and repair scoping (including steps and crib structures) o Trail closure and habitat restoration o Massachusetts Wetlands and

Waterways permitting procedures o Massachusetts Endangered Species

Act permitting and monitoring procedures o Mass Historic Commission permitting procedures

• Trail Maintenance and Repairs: Submissions should describe the Bidder’s qualifications, knowledge and experience in new natural-surface trail maintenance, trail repairs, wetland and stream crossings and trail closures. Applicants should demonstrate through submission of previous examples that they understand sustainable trail principles as described in the DCR Trail Guidelines and Best Practices Manual and associated resources. Applicants should demonstrate experience in natural surface trail maintenance and repair techniques such as trail tread development, trail drainage structures, stone structures (steps and cribs), and wetland and stream crossing structures as described in the DCR Trail Guidelines and Best Practices Manual and associated resources Applicants should demonstrate their experience in using both on-site and purchased materials as well as work on foot by hand and with the use of small trail motorized equipment. Applicants must be able to provide the tools necessary for natural-surface trail maintenance, repairs, and closure. Specifically, applicants should demonstrate expertise in:

o Sustainable trail field layout o Bench trail construction o Drain dips and grade reversals o Trail steps and crib walls (timber and/or stone) o Bog-bridge, boardwalk and bridge installation (timber and/or dimensional lumber) o

Trail sign installation o Trail closure/restoration and monitoring

• Training and working with youth and volunteers: Submissions should describe potential bidder’s qualifications, knowledge, and experience in providing trail related training to a variety of audiences both in classroom and field settings, and in managing youth and volunteers on specific projects in the field.

Specific settings and audiences that may be typical under this procurement include, but are not limited to:

o Classroom and field workshops and hands-on training of DCR staff and volunteers o Managing youth corps engaged in trail maintenance and repairs o

Managing a volunteer trail maintenance project

Reporting:

For each project, the Selected Bidders will be required to produce a final report that includes before and after photographs of the site and work completed; a written narrative of accomplishments, methods and lessons learned; a quantitative summary of trail work completed (i.e. linear feet of bog bridging, linear feet of stone steps, etc.); and a description and quantitative summary of work still required at the site. If on site data was collected, the bidder shall share all data with DCR (e.g. Wetland delineation shapefiles, trail inventory data, etc.).

Bidders for this Master Agreement will be selected based on the following:

• Demonstrated at least five (5) years of experience trail planning, Massachusetts permitting, trail repair scoping, trail maintenance, trail training and working with volunteers.

• Capacity and demonstrated experience in specifying and supplying any materials needed to successfully accomplish the project scopes. Environmentally sustainable and low-carbon products preferred.

• Programs that result in greater racial and gender diversity, inclusion and equity in the workplace and the field, and programs that result in diverse workforce development.

• Competitive cost structure in delivering quality goods and services identified by this procurement.

3.1.1 Company experience

Bidders must have at least five (5) years of experience providing one or more of the goods and services outlined in this RFR. Bidders must also demonstrate their ability to provide goods and services of a nature similar to those outlined in this RFR. Experience will be evaluated during the bid evaluation process.

3.1.2 References and reference information and/or requirements

Bidders must provide at least two (2) business references from existing or past clients. All business references must involve providing services of a similar nature to those outlined in this RFR.

3.2 Small Business Purchasing Program

3.2.1 Program Background

The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive

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

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

3.2.2 SBPP Award Preference

While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team

(DCR) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the DCR’s best value evaluation criteria.

3.2.3 SBPP Participation Eligibility

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

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

2. Been in business for at least one year;

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

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

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney

General’s Office and be up to date with all filings required by that office and be tax exempt under Section

501(c) of the Internal Revenue Code.

3.2.4 SBPP Compliance Requirements NOT REQUIRED

It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions.

To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

3.2.5 Program Resources and Assistance

Bidders and Bidders seeking assistance regarding SBPP may visit the SBPP webpage or contact the SBPP

Help Desk at sbpp@mass.gov.

3.3 Supplier Diversity Program REQUIRED

3.3.1 Program Background

Pursuant to, Executive Order 599 the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Bidders and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

All Bidders and Bidders are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

https://www.commbuys.com/bso/ https://www.commbuys.com/bso/ https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp http://www.mass.gov/sbpp http://www.mass.gov/sbpp http://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/supplier-diversity-office https://www.mass.gov/supplier-diversity-office https://www.mass.gov/supplier-diversity-office https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx

3.3.2 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 or non-profit organization. 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 total SDP Commitment acceptable in responses 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.

3.3.3 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)

3.3.4 Eligible Types of Business-to-Business Relationships

Bidders and Bidders may engage SDP Partners in the following two ways:

• 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 Bidder’s contract with the

Commonwealth but may be related to the Bidder’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 sub bidders.

3.3.5 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 sub bidders.

• 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 Bidder continues to meet its SDP Commitment.

3.3.6 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.

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 SBA Veteran Small Business Certification (VetCert) directory. After contract award (if any), spending with such partners will contribute to meeting the Bidder’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 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 Bidder’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 Bidder must find alternative

SDP Partners to meet their SDP Commitment.

It is the responsibility of the Bidder 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. Bidders 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.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ https://nmsdc.org/mbes/mbe-certification/ https://nmsdc.org/mbes/mbe-certification/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://www.wbenc.org/certification/ https://www.wbenc.org/certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified https://www.mass.gov/forms/take-the-certification-self-assessment https://www.mass.gov/forms/take-the-certification-self-assessment

• 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.

3.3.7 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.

3.3.8 SDP Spending Reports

After contract award, Bidders must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment. To submit SDP spending reports using the Hub, Bidders must create a profile in the Hub. Bidders must follow report submission instructions from the issuing department and the SDO.

SDP Spending Compliance

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the SBA

Veteran Small Business Certification (VetCert)directory shall be counted toward a Bidder'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 Bidder’s SDP Commitment.

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

3.3.9 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 Bidder.

3.3.10 Program Resources and Assistance

Bidders 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.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ http://www.mass.gov/sdp http://www.mass.gov/sdp

3.4 Environmental Specifications

<Minimum environmental specifications are available for dozens of product and service categories. Such specifications may address product / service performance, end-of-life management, disposal/reuse/recycling, and other factors. The DCR must follow the OSD EPP Procurement Program

Guidance (found in the “key resources” section of OSD’s Conducting Best Value Procurements Handbook) to draft the recommended EPP language and ensure that current specifications are included.>

3.4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

Products and services purchased by state agencies must comply 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 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. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP

Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executiveorders/no-515-establishing-an-environmental-purchasing-policy.

3.5 Compensation Structure/Pricing

Contract(s) resulting from this Bid will be set up as Rate Contract(s) and will not have a maximum obligation amount. In submitting a Bid, each prospective bidder must use the Bidder Response Form to provide relevant information and responses to this RFR. A bidder may not change their rates during the initial 3-year term of the contract. Bidders may negotiate new rates at the time of any contract renewal.

Services will be invoiced at standard hourly or daily rates, inclusive of all overhead and indirect costs, for manhours actually expended on authorized work tasks. Invoicing shall correspond to project milestones established at the proposal phase and shall not deviate unless previously approved by the Department.

Individual work tasks for the project will be identified by the Department and a corresponding budget established. Firms shall not proceed until the project budget and timeline are approved, in writing, by the Department. Any changes in scope need to be approved in writing by the Department. Sub-consultants may be engaged to execute specific specialized, related tasks needed under a project scope. Sub-consultant firms should be approved by the Department project manager, prior to their use. Fees associated with administering sub-consultants should be identified in project proposals, under the fee schedule, but should not exceed ten percent overhead charge.

All hourly rates are inclusive of meals, lodging, insurance, telephone and other incidental expenses. Firms shall have the option of being compensated for mileage, for site visits located more than 50 miles from their regular office. Mileage shall be billed from the consultant’s office; the mileage rate shall be 45 cents per mile. If design firms are compensated for mileage, the start time for design staff on the project begins at the job site.

https://www.mass.gov/media/875656/download https://www.mass.gov/media/875656/download https://www.mass.gov/media/875656/download https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 http://www.mass.gov/epp http://www.mass.gov/epp http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy

4 OTHER TERMS

4.1 Reporting.

Bidders are responsible for compliance with all contract reporting requirements.

4.2 Security and Confidentiality

The Bidder shall comply fully with all security procedures of the Commonwealth and Commonwealth

Agencies in performance of the Contract. The Bidder shall not divulge to third parties any confidential information obtained by the Bidder or its agents, distributors, resellers, subbidders, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

4.3 Alternatives

Bidders may propose alternatives for equivalent, better or more cost-effective performance than specified under the Bidder’s original Quote at any time during the life of the contract.

4.4 Compliance

Failure to perform contractual obligations as outlined in the Standard Contract Form, Terms and Conditions, and RFR may result in termination, suspension, cover/replacement costs, and/or liquidated damages.

5 AUDIT

During the term of this Agreement and for a period of six years thereafter, the Department of Conservation and Recreation, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Bidder’s accounting records, including sales information on any system, reports or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Bidder has materially overcharged the Department of Conservation and Recreation, then the Bidder shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6 EVALUATION CRITERIA

Bidders must submit responses that meet all of the submission requirements of this RFR. Only responsive proposals that meet the submission requires will be evaluated, scored, and ranked by the procurement team according to the evaluation criteria. Additional information may be requested for evaluation purposes. Responses will be evaluated using the following general criteria:

6.1 Mandatory requirements

Bidder qualifications and experience: Bidders must demonstrate their capacity to provide the services outlined in this RFR; including:

• Prior experience(s) providing equivalent services,

• Personnel qualified to perform the services outlined in this RFR, including . Firms’, subconsultants’, and teams’ qualifications and demonstrated capability

• Experience with similar public-sector infrastructure and/or recreation projects

• Experience in Relevant Projects

• Clarity and completeness of proposal.

• Ability to meet requirements outlined in the Scope of Services

6.2 Evaluation Components

Bidders for this Master Agreement will be selected based on the following:

• Biffer qualification and experience

• Bidder’s pricing/rates

• Business references

• Prompt Payment Discounts (PPD)

• Supplier Diversity Plan (minimum of 10% weight): Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in

Appendix 2 (Section 9) and Appendix 4 (Section 11).

• Environmentally Preferable Products/Practices

7 HOW TO SUBMIT A QUOTE

All Bidders may begin creating and compiling Quote materials as soon as the Bid and all attachments are in the

Sent document status in COMMBUYS. Bidders are instructed not to submit Quotes before the Bid Amendment

Deadline has been reached (see Estimated Procurement Calendar).

7.1 Quote Submission Method

Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS.

COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the home or landing page. Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active COMMBUYS account for the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

7.2 COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Quotes:

• Appendix 5 Instructions for Bidders Responding to Bids Electronically through COMMBUYS, which is part of this document;

• An online job aid on How to Create a Quote

• Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through

COMMBUYS.

7.3 COMMBUYS Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys to access COMMBUYS resources, including new bid postings, job aids, and training schedules for buyers, among others.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov

Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from

8:00 a.m. to 5:00 p.m., Monday through Friday Eastern Time, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

7.4 Bid Opening Date/Time

All Bids must be posted in COMMBUYS before the specified date, month, year, and time displayed as the

Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern

Time. All Bidders are advised to allow adequate time for Bid submission by considering potential online submission impediments such as Internet traffic, Internet connection speed, file size, and file volume. OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record. COMMBUYS will not accept Bids submitted after the Bid Opening Date/Time deadline.

7.5 Quote Contents

Bidders must comply with the requirements below.

7.5.1 Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS.

By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download…