RFR-DFW-2025-034-Fish Feed_FINAL_3-6-25.pdf

R F R # D F W - 2 0 2 5 - 0 3 4 - F i s h F e e d P a g e 1 | 21

REQUEST FOR RESPONSE

Fish Feed- RFR #DFW-2025-034

COMMBUYS Open Market Bid#: BD-25-1046-DFW-FW102-111869

Issue Date: 03/06/2025

Purchasing Department Department of Fish and Game - Division of Fisheries and Wildlife Address 1 Rabbit Hill Rd City, State Zip Code Westborough, MA 01581 Procurement Contact Person Yunus Khalifa-Email: Yunus Khalifa@mass.gov Tel: 781-640-2688 Feed Item Related Questions- Contact Person* Caleb Slater, Tel: 508-389-6331, Mobile: 857-275-9092 Fax Number 508-389-7879 E-Mail Address caleb.slater@mass.gov RFR Name/Title Fish Feed RFR Number DFW-2025-034 COMMBUYS Bid Number Open Market Bid BD-25-1046-DFW-FW102-111869

*All questions must be submitted through CommBuys.

1. Description or Purpose of Procurement:

The Commonwealth of Massachusetts, Department of Fish & Game, Division of Fisheries and Wildlife (DFW) is seeking a qualified Contractor to provide different feed items for its five (5) fish culturing facilities (hatcheries).

2. Applicable Procurement Law

Check Appropriate

Box (“X”):

Type of Purchase Applicable Laws

Executive Branch Goods and Services

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

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, § 52; 801

CMR 21.00; 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c. 7, § 22;

and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815

CMR 2.00

3. Acquisition Method:

mailto:Khalifa@mass.gov mailto:caleb.slater@mass.gov

REQUEST FOR RESPONSE-FISH FEED

RFR # DFW-2025-034

COMMBUYS Bid# BD-25-1046-DFW-FW102-111869

RFR #DFW-2025-034-Fish Feed P a g e 2 | 21

Check All Applicable (“X”): Category Fee-For-Service

☒ Outright Purchase

Rental (not to exceed 6 months)

License

Other

4. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

Single Contractor

☒ Multiple Contractors

A. Estimated Number of Awards

The target maximum number of Contractors is (2) two.

The Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

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 this Solicitation but were not awarded Contracts. If necessary, to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

5. Entities Eligible to Use the Resulting Contract

Check One (“X”): Eligible Entities

Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term

☒ Limited User Contract – Restricted to Use by Issuing Entity Only.

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

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Contract Duration Number of Options

Number of Years/Months Instructions

Initial Duration One (1) Initial Contract Term:

May 1, 2025, to Apr 30, 2026. One year

Renewal Options Four (4) One (1) Four (4) options to renew for one year each

Total Maximum Contract Duration

Six (5) One Year for the Initial Term Plus Five Years Renewal Periods

7. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement: $500,000 (est. annual)

The Commonwealth makes no guarantee that any commodities 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.

8. Contract Performance and Business Specifications:

I. Bid Package Provisions

Each bid response will be evaluated by DFW with consideration given to each of the following:

Factors included in the award decision will include a) cost (as listed on the bid sheet) for each line item, b) performance record of the vendor/feed manufacturer as determined by references, prior history working with the Division and/or other state or federal fish and wildlife agencies, length of time company has been manufacturing fish feed, c) conversion rates of feed, waste and discharge characteristics and other relevant performance factors of the feed, and d) Supplier Diversity Program response.

A. Price. Prices for the contract are to be for a fixed twelve-month period beginning with the award date. The contract will be awarded based on the best value for the Commonwealth.

Factors included in the award decision will include cost for each line item. All prices quoted must be on an F.O.B destination basis. Vendors must manufacture all feed items listed under these specifications at a manufacturing facility solely under corporate ownership of the vendor.

Bid Sheet Cost Table. Complete Appendix D: Bid Sheet Cost Table (2 pages) with the cost per pound, feed product name, pigment concentration and minimum protein/fat Guaranteed Analysis for each of the items specified, then attached to Commbuys bid quote.

Indicate the availability of medicated feed of each feed size (Yes or No).

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See attached document on How to attach quote in Commbuys (Bid Sheet Cost Table is attached as bid document).

DFW will evaluate the bids on an item-by-item basis and may choose to award contracts to multiple vendors for separate or combinations of items listed on the Bid Sheet Cost Table. DFW reserves the right to purchase items from a Contractor on an as-needed basis for items not specified in the Bid Cost Sheet Table. These items may include but are not limited to medicated feeds.

B. Bid Proposal (no template provided): In the narrative, please provide company information. Include company background, experience producing fish food, history of contracts with government entities, key contacts, and any other information the vendor may wish to provide (MassWildlife has not instituted a page limit).

C. References. Submit the names and contact information (address, phone numbers) of three references from different state fish and wildlife or federal agencies that have purchased feed from your company within the past 12 months. DFW will make reasonable effort to contact the references given. DFW reserves the right to utilize the information gathered from references or other sources when scoring responses. Performance record of the feed manufacturer as determined by references, length of time company has been manufacturing fish feed, and prior history working with the Division and/or other state or federal fish and wildlife agencies.

D. Product Sheet(s) with Guarantee Analysis. Bidders must provide a Product Description

Sheet with Guaranteed Analysis for each line item bid on in the Bid Sheet Cost Table. The Product Description Sheet should include pertinent information regarding feed formulation, additives, floating and sinking, and other characteristics.

E. Feed Performance Evaluation Information. It is recommended that the vendor submit feed trial performance data for the feeds that meet the specifications of this RFR for review, as well as any other relevant data on their products to support their bid. Submitted data should include (but not be limited to): feed conversion data, digestibility data, fish health/stress data and feed/water effluent quality data.

F. Supplier Diversity Program Plan Form (aka SDP Form 1 or Commitment) : Required with bid response. In compliance with Executive Order No. 599, DFW will assign at least 25% of the total RFR evaluation points to the SDP percentage of sales committed in the SDP Plan Form. The percentage of sales offered on a bidder’s SDP Plan form will, when compared to other bidders’ SDP Plan forms, determine the points awarded. See Supplier Diversity Program Background for additional detail. (Section 9).

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II. General provisions

A. Ordering

There will be no minimum order requirements allowed under this contract. Orders will be placed through the COMMBUYS procurement system and a purchase order (PO) issued to the Contractor. Contractors are responsible for keeping current and updating the email address to which an order will be transmitted.

At the time an order is placed, the Contractor(s) will confirm the order has been received and communicate any issues with order fulfillment. The Contractor(s) must notify the hatchery manager of any unavailable product on the order and a substitute product will be made available. The substitute product will be of equal or better value and offered at equal or lower price than the unavailable item. The hatchery manager has the option of rejecting substitutes. All correspondence regarding order placement, confirmation and substitution will be made electronically by email.

B. Invoices

Invoices will be submitted to and processed by the ordering hatchery. All invoices must contain contractor name and address; invoice date; invoice number; delivery date; state PO number; item number and description; quantity; unit of measure; price; and the name and address of the ordering location. Contractor(s) will apply lump payments to the appropriate invoice.

C. Delivery:

i. Delivery must be made at no extra cost to the Commonwealth with all deliveries being FOB destination. All orders must be delivered within 14 days of receipt of PO, unless MassWildlife authorizes an exception in writing (hatchery manager may provide authorization via email), or a special order is involved.

Costs shall include all packing and/or crating charges.

ii. Feed bags are to be delivered on standard 48” by 40” pallets.

iii. Shipping FOB destination: The prices are the delivered price to MassWildlife or any eligible entity (Purchasing Entity). All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud, and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge.

iv. All deliveries will be Deliveries as designated by a MassWildlife’s representative placing the Order unless otherwise noted in this RFR or in the purchase order.

Specific delivery instructions are noted in the special delivery requirements section below and changes will be noted on the order form or Purchase Order

P a g e 6 | 21 or through written communication by the hatchery manager (ex. email). Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the MassWildlife representative who placed the order. See special delivery requirements for additional information.

v. Coordination: Bidders must coordinate time of delivery with the MassWildlife Hatchery Manager. If the bidder uses a third-party company to satisfy delivery request, the Bidder is responsible for ensuring that the delivery company coordinates with the Eligible Entity.

vi. Late deliveries, or deliveries that cannot be made within the above guidelines, may be canceled at no cost to MassWildlife or other Eligible Entity. As an example, MassWildlife may refuse or cancel the delivery of a product if it cannot be delivered by the last day of the fiscal year.

vii. Fuel surcharge provision: Any bidder(s) awarded a contract as a result of this RFR will not charge any additional fuel surcharge on any order. DFW will not be required to pay any additional fuel surcharges upon receipt of Contractor invoicing.

viii. Notice of delivery of a food order is required: Delivery will be required within fourteen (14) calendar days after confirmation of an order with a Purchase Order, unless other arrangements are agreeable to the hatchery manager who placed the order. The Contractor must coordinate delivery time with the ordering hatchery manager. If the Contractor uses an independent company to satisfy delivery requests, the Contractor is responsible for ensuring the delivery company coordinates with the ordering hatchery. Deliveries will not be accepted on weekends or state holidays. No delivery shall not be scheduled for a Friday, unless agreeable in advance with the hatchery manager that placed the order.

ix. Special delivery requirements: Feed deliveries will be less than truckload (LTL) shipments. In some cases, there may be full truckloads, but this is not expected to be common.

The Awarded Vendor agrees that failure to deliver within the specified time constitutes sufficient reason to allow the Division to obtain equivalent replacement feeds for the overdue items on the market. Repeat late deliveries may result in termination of the contract. The location and approximate amounts of feed (annual totals) that each hatchery is likely to purchase on an annual basis are:

McLaughlin Hatchery, 90 East Street, Belchertown, MA (42o 16’00.56”N, 72o 20’20.21” W); approximately 15 orders annually totaling 242,000 pounds.

Deliveries made to McLaughlin hatchery are to be off-loaded at an elevated delivery dock. There are no special delivery requirements.

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Palmer Hatchery, 693 Ware Street (Route 32), Palmer, MA (42o 11’43.13”N, 72o 18’15.41” W); approximately 6 orders annually totaling 8,500 pounds. Deliveries for the Palmer hatchery will be made to the McLaughlin hatchery in Belchertown, MA.

Montague Hatchery, 37 Hatchery Road, Montague, MA (42o 33’51.44”N, 72o 32’37.41” W); approximately 7 deliveries annually totaling 95,000 pounds.

Deliveries to Montague hatchery and Sunderland hatchery are to be off-loaded between the delivery trailer and a storage trailer.

Sandwich Hatchery, 164 Route 6A, Sandwich, MA (41o 45’15.26”N, 70o 29’17.55” W); approximately 7 deliveries per year totaling 95,000 pounds.

Deliveries to Sandwich hatchery will require a liftgate platform truck and pallet jack to transfer feed from the truck to the ground.

Sunderland Hatchery, 559 Amherst Road, Sunderland, MA (42o 26’13.05”N, 72o 32’51.54” W; approximately 7 deliveries annually totaling 91,000 pounds. Please note the number of delivers per location and the quantities are to assist vendors with the development of their bid proposal and were develop based on historic need. They are estimated and not guaranteed.

D. Qualifications of Bidder. The vendor shall manufacture all feeds listed in this RFR in an FDA-

1900 facility, if so required. The Vendor must guarantee that there will be no cross contamination with components of feed, drugs or chemicals used in the manufacture non-fish food feeds. Any evidence of cross contamination shall allow the hatchery manager to refuse/and or return a feed at the expense of the Vendor. Failure on the part of the Vendor to follow all feed performance, manufacturing and quality assurance requirements as listed under the "General Requirements" and "Feed Specifications" sections of this RFR will be considered a violation of the contract and may result in disqualification of the Vendor from providing food for the remainder of the contracted period.

III. General Requirements

A. United States Food and Drug Administration Standards.

1. All fish feed provided under this contract shall comply with the tolerances for unavoidable poisonous or deleterious substances and the tolerances for residues of PCBs established by the U. S. Food and Drug Administration (21 CFR). Specifically prohibited from use or inclusion in the manufacture of fish feed are materials containing PCBs organochlorine or other pesticide residues or any heavy metals at levels in excess of those permitted by the U.S. FDA. All delivered feeds must meet all FDA specifications for PCB’s, organochlorine or other pesticide residues and heavy metals.

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B. Quality Assurance.

1. The Contractor(s) must provide trout and salmon feeds which meets or exceed the following specifications. The feeds shall be shelf diets manufactured by the vendor that are wholesome, palatable and nutritionally balanced and provide complete diet for trout and landlocked Atlantic salmon. In addition to the feed Guaranteed Analysis specified in the Bid Sheet Cost Table, the feed will contain the proper mixes of vitamins, minerals and preservatives which meet the dietary requirements of trout (brook, brown and rainbow) and landlocked Atlantic salmon.

2. The fish feed provided under this contract shall be of such quality that each will meet or exceed industry standards with respect to the following: a) Guaranteed Analysis, vitamins and other components specifically formulated to protect and improve fish health, b) overall appearance of feed including color and texture, c) pellet size uniformity, d) floating or sinking characteristics, e) palatability to fish.

3. Feeds must be stabilized for storage for a minimum of 180 days from the date when it was manufactured when stored in a cool, dry place. Feed shall be shipped in 40-to-50-pound sealed bags. Feed bags shall be secured on standard 48” by 40” pallets. Each bag will be labeled, stamped or a tag attached which includes the product description, date of manufacture and origin. If an alpha-numeric code is used in labeling, the vendor shall provide DFW with any code needed to decipher the date or description. Dust content of feeds shall not exceed 3.00% at the time of delivery to the Hatcheries. (Dust is defined as particles passing through a U.S. Screen size 40).

4. Feed mixture shall be manufactured following the Vendor’s shelf diet formulations.

Feeds are to be either sinking or floating, depending on the item specified. The size range of pellet feeds must be within 10% of the specified size (both floating and sinking feeds) for 90% of the pellets of each feed size specified in the RFR. The Division reserves the right to reject the feeds if it determines the pellets sizes are not within the 90% tolerance limit, or it does not float or sink properly. If the Division rejects the remainder of a shipment due to either of these circumstances, the Vendor shall be responsible for removing it at no cost to the Division and supplying the Division a replacement shipment for the rejected feed within 15 business days.

5. Production run records shall be maintained for a minimum of one year following manufacture and shall be available to the Division upon request. Record keeping shall include the following minimum information:

a) Diet formulation

b) Batch size, identification and weight or volume of each ingredient

c) Manufacture date

d) Batch number

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6. At the sole discretion of the Chief of Hatcheries, the Division reserves the right to reject a feed shipment that does not meet the expectations for the quality, palatability and nutritional value of the feed as described in this RFR.

The Division reserves the right to request that the manufacturer provide a report of a proximate analysis of delivered feed within 5 days of said request, which shall be provided in writing to the vendor. The report must be sent to the Hatchery Manager that placed the feed order and made the proximate analysis request. The Division may accept or reject the shipment based on the proximate analysis results. If, based on the proximate analysis results, the Division determines that the feed fails to comply with the diet formulation specifications of this RFR, it may either reject the entire shipment or it may accept the shipment. The decision to accept or reject the shipment for failure to comply with the diet formulation as shown by proximate analysis will be at the discretion of the Chief of Hatcheries or designee. If the shipment is rejected, the Vendor shall replace the feed with feed that meets the specifications as confirmed by proximate analysis within 15 business days of notification of rejection. Removal of the rejected feed shall be at the expense of the Vendor.

IV. Feed Specifications

DFW is interested in contracting with vendors to provide fish feed of differing nutritional quality which will allow hatchery managers to cost-effectively meet fish production goals within operational budgets. DFW has established the following “high performance” and “standard performance” quality feed parameters for this purpose.

Fry feed

Feed of at least three progressively increasing sizes appropriate for trout fry weighing less than approximately 2.0 grams per fish. Feed particle sizes up to approximately 1.0mm.

Guaranteed Analysis:

Total crude protein 50.0 % minimum Total crude fat 18.0 % minimum Crude Fiber 3.0 % maximum Ash 10.0 % maximum

Fingerling feed (high performance)

Sizes of at least three progressively increasing sizes ranging from 1.0mm to less than 3.0mm appropriate for trout fingerlings. Pelleted feeds in this size range will be available as both floating and sinking types.

Guaranteed Analysis:

Total crude protein 50.0 % minimum Total crude fat 15.0 % minimum Crude Fiber 3.0 % maximum Ash 10.0 % maximum

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Grower feed (standard performance)

Sizes of at least three progressively increasing sizes ranging from 3.0mm to less than 7.0mm.

Pelleted feeds in this size range will be available as both floating and sinking types.

Guaranteed Analysis:

Total crude protein 40.0 % minimum Total crude fat 14.0 % minimum Crude Fiber 3.0 % maximum

Grower feed (high performance)

Sizes of at least three progressively increasing sizes ranging from 3.0mm to less than 7.0mm.

Pelleted feeds in this size range will be available as both floating and sinking types.

DFW is requesting manufacturers identify three types of feed in the 4.0mm – 4.5mm – 5/32” size range with differing characteristics, if available. The three types of feed as indicated in the Bid Sheet Cost Table are floating feeds which 1) meet minimum requirements for this category, 2) meet minimum requirements and include Astaxanthin (30 ppm minimum), and

3) meet minimum requirements and are formulated to promote fish health in warm water environments and during stress episodes.

Guaranteed Analysis:

Total crude protein 45.0 % minimum Total crude fat 16.0 % minimum Crude Fiber 3.0 % maximum Ash 10.0 % maximum

Broodstock feed (standard performance)

Sizes of at least one size greater than 6.0mm appropriate for trout weighing greater than 600 grams per fish. Pelleted feeds in this size range will be available as sinking feed.

Broodstock feed must be formulated with vitamin and mineral supplements and amino acid profile specifically for sexually mature fish and contain Astaxanthin (30 ppm minimum).

Guaranteed Analysis:

Total crude protein 35.0 % minimum Total crude fat 10.0 % minimum Crude Fiber 4.0 % maximum

V. Additional Terms

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DFW may require feeds of certain composition or including certain additives or medications.

It is the intention of DFW to establish a contract with vendor(s) that can fulfill these needs.

Feed types which DFW may wish to purchase on occasion to meet fish health requirements and effluent standards may include but are not limited to medicated, low-phosphorus or other specialty feed types. DFW reserves the right to purchase items from a Contractor on an as-needed basis for items not specified in the Bid Cost Sheet Table. DFW will comply with current regulations and policies when ordering medicated feed.

Brand Name or Equal. Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

Best Value Selection and Negotiation. The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the PMT regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete, or the bidder is having trouble obtaining any required attachments electronically through Commbuys.

Contract Expansion.

If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs. Costs which are not specifically identified in the bidder’s response and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, EFT is a benefit to both contractors and the Commonwealth because it ensures

P a g e 12 | 21 fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors can track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASS finance. Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request. MassWildlife requests bidders do not submit EFT forms with the bid proposal.

Pricing: Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as bid document attachment. Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html http://www.mass.gov/osd https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc

P a g e 13 | 21 arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies: MassWildlife may authorize the awarded vendor(s) to provide goods and services to the Commonwealth through a subcontractor. However, the subcontractor must be preapproved by MassWildlife and the primary contractor will be held responsible for the satisfactory performance of the subcontractor. Subcontracting will not increase the prices offered by the bidder in response to this RFR without prior authorization from MassWildlife. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contract

Compliance with Laws and Regulations:

All activities agreed to and conducted under this RFR and contract must comply with federal, state, and local laws. Nothing in this RFR or its resulting contracts is intended to supersede or violate any laws.

Vendors requesting MassWildlife to execute account establishment agreements or any other type of sub agreement resulting from this RFR are subject to approval by MassWildlife, to the terms of the RFR and resulting contract(s) and may not include terms and conditions that would contradict the Commonwealth of Massachusetts Terms and Conditions or other applicable laws, regulations, and policies.

Bill Pay Payment Policy: All invoices issued pursuant to this contract are payable in accordance with the Comptroller’s Bill Payment Policy: Understanding Commonwealth payments | Mass.gov. The Commonwealth's Bill Paying Policy outlines the Commonwealth’s policies that apply to the expenditure of Commonwealth Funds by Executive Departments, including but not limited to: Prompt Payment Discount, Late Payments, and EFT Requirements.

Tax Exempt: Goods and services procured by MassWildlife are tax exempt. Payment vouchers or invoices submitted to Massachusetts government entities must not include sales tax. The eligible entity will supply the tax exemption certificate when requested.

Notice to Proceed: The Contractor may begin performing specified contract work when he/she has been given a notice to proceed signed by the Division of Fisheries and Wildlife Chief Financial Officer.

9. Supplier Diversity Plan (SDP) Program Background

Pursuant to Executive Order 599 the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit https://www.mass.gov/service-details/understanding-commonwealth-payments https://www.mass.gov/service-details/understanding-commonwealth-payments 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

P a g e 14 | 21 organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

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

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. 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)

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.

https://www.mass.gov/supplier-diversity-office https://www.mass.gov/supplier-diversity-office

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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.

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.

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 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 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://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified

P a g e 16 | 21 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.

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.

SDP Spending Reports

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

https://www.mass.gov/forms/take-the-certification-self-assessment

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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 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.

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.

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 following 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

Contractors 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.

• The DFW/DFG reserves the right to reject any and all proposals and select the proposal it finds the most advantageous to completing this project.

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

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• Best Value Selection and Negotiation. The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall.

• Evaluation criteria include: Cost, Feed Performance, Bid Completeness, Best Value per Commodity, Medicated Feed, References (includes experience), SDP Commitment.

12. Instructions for Submission of Responses:

Only electronic quotes 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. also contact OSD help desk if any questions on how submit quote via Commbuys: Phone Main (617) 720-3300, Address: One Ashburton Place, Room 1017, Boston, MA 02108 -1552 Email: commbuys@mass.gov

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.

See Specifications for bid package requirements.

The following forms will be required upon contract execution:

a) Standard Contract

b) Contractor Authorized Signatory Listing

c) W-9- Request for Taxpayer Identification Number and Certification

d) SDP Forms and Reporting: will be used for purposes of SDP compliance reporting.

e) Any other forms requested by Division of Fisheries & Wildlife

Estimated Procurement Calendar

Procurement Activity Date Time

Bid Release Date 03/06/2025 5:00pm Deadline for Submission of Questions through COMMBUYS “Bid Q&A

03/12/2025 10:00am

Official Answers for Bid Q&A published (Estimated) 03/14/2025 5.00pm

Bid Amendment Deadline / Online Quote Submission Begins.

Bid documents will not be amended after this date.

03/18/2025

2:00pm

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

04/18/2025

2:00pm

Notification of Apparent Successful Bidder(s) (Estimated) 04/25/2025

Estimated Contract Start Date 05/ 01/2025 tel:+16177203300

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Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

a. 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.

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

(Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)

b. 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 any 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.

C. Quotes (Bid Responses) Deadline (Bid Opening Date/Time)

See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

D. Estimated Contract Start Date: May 1st, 2025

This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

13. Required Forms

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Responses to this RFR must contain the following (see notes to determine if the form is required with bid response or with contract award):

Check if applicable (“X”)

Form/Document Notes/Instructions (If any)

☒ Bid Sheet Cost Table - 2 pages Required as part of the bid. Will be used to evaluate bids

Bid Package with Product Sheets (see Bid Package Requirements and specifications Section 8)

Required as part of the bid. Will be used to evaluate bids.

☒ Business Reference Form(s) Required as part of the bid. Will be used to evaluate bids.

☒ Supplier Diversity Plan Form 1 (SDP Plan Commitment)

Required as part of the bid. Will be used to evaluate bids.

Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)

Not Required with Bid Submission. Required as part of the award package.

☒ Standard Contract Form and Instructions Not Required with Bid Submission. Required as part of the award package.

☒ Contractor Authorized Signatory Listing Not Required with Bid Submission. Required as part of the award package.

☒ Authorization for Electronic Funds Transfer

Not Required with Bid Submission. Required as part of the award package.

Supplier Diversity Program (SDP) Spending Report

Not required with bid. Awarded vendor required to submit at least annually upon contract execution.

☒ Prompt…