RFR rev 9.22.21~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Energy, Climate Action, and Facility Advisory Services

Agency Document Number: PRF74

COMMBUYS Bid#: BD-21-1080-OSD03-SRC04-63452

08/24/2021 Revised 9/22/21

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Revision History

REQUEST FOR RESPONSE PRF74 Energy, Climate Action, and Facility Advisory Services

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

REQUEST FOR RESPONSE PRF74 Energy, Climate Action, and Facility Advisory Services

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the PRF74 Strategic Sourcing Team (SST) are soliciting bidders (Bidders) for the acquisition of Energy, Climate Action, and Facility Advisory Services. The resulting contract (Contract) will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace Statewide Contract PRF62 with the major changes being the resulting contract’s categorization. The Contract will also be available for use by other Eligible Entities.

The objective of this solicitation is to provide Eligible Entities with advisory services for their Energy, Climate Action, and Facility needs from a wide array of independent, experienced, and qualified contractors. Contractors may be businesses, individuals, or sole proprietors.

Estimated Procurement Calendar

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Dates and Times Available:

Tuesday September 7, 2021 @ 1:00 p.m.

YouTube Video:

How to Find Bids (Solicitations) and Submit Quotes (Respond) https://www.youtube.com/watch?v=IG7XDNk4-U0

Online Webinar:

Vendor Webinar: How to Locate and Respond to Bids in COMMBUYS (Online Training) Tickets, Multiple Dates | Eventbrite

Late bids will not be considered.

*See Appendix 2, "Training for Vendors Responding to Bids On COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit Vendor Training Courses | Mass.gov for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock 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.

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the 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 Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The SST reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

Bid Amendment Deadline The SST 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 SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a response based on an out-of-date Bid or on information received from a source other than COMMBUYS.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

Pre-bid Conference The Pre-bid Conference will be a virtual conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional but strongly encouraged. Please refer to the Pre-bid Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the registration link, time, and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each Bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a response electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents.

If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your response. It is recommended that Responses be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your response has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

Additional Bid Information Anticipated Contract Duration:

The initial term of this Contract is 7 (seven) years. In addition, this Contract will be reopened during the first quarter of the year, after the second year, and for each subsequent year, for the duration of the contract to meet the needs of the Commonwealth. This contract has a maximum possible contract duration of 7 (seven) years. There are no options for renewal.

Performance and payment time frames which exceed Contract duration All agreements for services entered during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than 6 (six) months beyond the final termination date of this Statewide Contract. No new agreements for services may be executed after the Contract has expired. Any contractor entering new engagements with eligible entities after contract expiration will be subject to remedial measures, which may include but are not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

Estimated Value of the Contract The approximate value of purchase(s) under PRF62, the predecessor contract to PRF74 was $13 million for fiscal years 2016- 2020. The SST estimates that the value of PRF74 will be greater than the previous contract value. The Commonwealth makes no guarantee that any 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.

Estimated Number of Awards There is no target maximum number of Contractors for this procurement. Bidders will be selected for award once the established evaluation criteria are met.

Adding Contractors after initial Contract Award During the contract re-opening period, the evaluation criteria for determining the outcome of bids will be the same as used under the RFR process for PRF74.

Acquisition Method(s):

Entities Eligible to Use the Resulting Contract Any Contract(s) resulting from this Bid will be open for use by the following entities:

· Cities, towns, districts, counties and other political subdivisions;

· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education;

· Public purchasing cooperatives;

· Non-profit organizations that are doing business with the Commonwealth;

· Other states and territories with no prior approval by the State Purchasing Agent; and

· Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

Procurement Exclusions Additional Fees and Surcharges Contractors are not allowed to charge additional fees under this contract. This includes, but is not limited to, charges for permits, set-up, quotes, travel, transportation, commuting, meals, lodging, and any other fee.

Bidder Qualifications Bidders must meet the qualifications stated within this RFR and must maintain their qualifications for the duration of the resulting contract, if any. In addition, Bidders must submit a completed Bidder Response Form with their Bid.

Company experience Business background Bidders are required to submit a short business profile outlining the bidder’s overall operations related to providing the services offered under this bid. Bidders must provide detailed information regarding a Bidder’s experience servicing government and/or commercial accounts, including the number of years working with each account. Bidders must also include the number of years in business or number of years of experience of the principal(s) of the company.

Years in the industry of the Bid Bidders must have been in the business of providing Energy, Climate Action, or Facility Advisory Services for at least the three (3) most recent consecutive years prior to the RFR response submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case where a Bidder’s company was formed and has fewer than three (3) years’ experience prior to the Quote submission deadline due to a company merger, acquisition or some other means, the SST may consider the experience of all companies and/or principals involved in meeting eligibility requirements.

Employee and/or business technical/business experience, certifications, licenses Bidders are encouraged to highlight any pertinent personnel expertise and training experience relevant to the categories and service areas being bid on this Contract.

Continuity of Operations Plan Bidders must have included as a part of the continuity of operations plan, their technology capability to transition business operations seamlessly in a situation of business disruption. This plan needs to also include video conferencing capabilities, software capabilities and a relocation plan for personnel and the business operations should this become necessary. This plan should be made available to the SST for review upon request.

Financial stability including bankruptcy, litigation, and contract defaults Bidders are required to submit, as a part of this RFR submission, a certification from the Commonwealth of Massachusetts’ Department of Revenue which indicates that the Bidder is compliant with their fiscal obligations. Additionally, a Certificate of Good Standing from the Commonwealth of Massachusetts’ Secretary of State is required as a part of this Bid submission. No contract will be awarded without the provision of these documents.

Bankruptcy, litigation, and contract defaults Bidders must provide a list of any outstanding obligations, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR or any such issues within their company’s operations.

References and reference information and/or requirements All Bidders must complete Attachment two (2) Reference Form. Bidders must list between three (3) and five (5) business references, all of which must be customers of projects described in the Bidder’s Project Demonstration Forms. References for whom the Bidder has provided services in the Commonwealth of Massachusetts are encouraged. Failure to provide at least three (3) references with their valid email addresses may result in a Bidder’s disqualification. While up to five (5) references may be listed by a Bidder, only the first three (3) responses received from the Bidder’s references will be included in a Bidder’s evaluation score.

Scope of SERVICE AND ENVIRONMENTAL SPECIFICATIONS Service Categories Services provided through this Contract are divided into three Service Categories. Bidders may provide bids in all three Service Categories. To bid in any specific Category, Bidders must be able to provide services in at least one service (as listed below for each Category). Bidders must indicate the Service Categories being bid on and the services provided as required in the Bidder Response Form. Bidders must also demonstrate their experience by submitting three project examples for each Service Category being bid on using the appropriate Project Demonstration Form(s). Bids will not be reviewed and evaluated without the provision of the appropriate project examples.

Category 1: Energy and Climate Action Research, Analysis, Advisory and Consulting Services

1. Provide research, analysis or support consulting services on energy and climate action programs including but not limited to energy, energy security, and Climate Action policy, regulation, and program design

2. Energy markets forecasting and analysis

3. Utility efficiency program design and implementation

4. Clean energy generation, storage, and efficiency technology research and analysis

5. Energy and Climate Action technology strategies for: district energy systems, grid interconnection and modernization, transmission and distribution planning, resilience and reliability, demand reduction, microgrid, and related technology research and analysis

6. Energy and Climate Action Financial analysis - including but not limited to long-term financing and impacts analysis, capital investment planning, life-cycle cost analysis, internal rate of return.

7. Electrification planning, siting, and design, including but not limited to the transportation and building sectors.

8. Energy and Climate Action programs stakeholder Engagement Services

9. Other energy and climate action related research, data collection, analysis, staffing research and analysis, training and advisory services not listed above.

Required Bidder Qualifications

1. Three (3) years’ experience for company or principal(s) in one or more of the service areas described above

2. Demonstrated ability to perform tasks within this category

Additional Bidder Qualifications

i. Knowledge of the Commonwealth of Massachusetts’ energy laws, regulations, policies, and incentives

ii. Experience working with public sector entities

iii. Experience with energy efficiency programs (e.g., Mass Save), renewable and alternative energy portfolio standards, and net metering and grid modernization initiatives

iv. Experience working with diverse stakeholder groups (e.g., community-based organizations)

v. Experience developing materials for public consumption, including translation services

Category 2: Energy and Climate Action Project Advisory and Consulting Services

1. Energy and Climate Action project and program management support services: Provide project or program management support services on energy and climate action projects including but not limited to research, analysis, development, procurement, construction, and commissioning.

2. Clean energy technology project advisory services including but not limited to feasibility study, planning, and other advisory services for solar, wind, battery storage, renewable thermal, grid interconnection, site feasibility studies, grant programs, Power Purchase Agreements, and other innovative technologies and associated implementation strategies.

3. Climate Action planning and advisory services including but not limited to forecasting, planning, strategies, and other advisory services for carbon reduction, resilience, mobility, and related climate change adaptation topics.

Required Bidder Qualifications

1. Three (3) years’ experience for company or principal(s) in one or more of the service areas described above

2. Demonstrated ability to perform tasks within this category Additional Bidder Qualifications

i. Energy Engineer or Certified Energy Manager

ii. Passive House, Leadership in Energy and Environmental Design or similarly Accredited Professional Project Manager(s)

iii. Energy Audits: Conduct ASHRAE audits (Level 1-3)

iv. Energy Conservation Measure Performance specification development

v. Training experience and capability: Development and implementation of training for planning, construction, and building operations staff

vi. Energy and Climate Action project commissioning services, building commissioning professional certification

vii. Energy and Climate Action project stakeholder engagement services

viii. Energy modeling

ix. Procuring and managing necessary sub-contractor services: including but not limited to, energy/water diagnostic testing, videography, infrared photography, etc.

x. Knowledge of the Commonwealth of Massachusetts energy codes, laws, regulations, policies, and incentives (e.g., SMART, APS, Clean Peak, Connected Solutions)

xi. Experience working with public sector entities Federal, State and municipal levels

xii. Experience with energy efficiency programs (e.g., Mass Save), renewable and alternative energy portfolio standards, and net metering and grid modernization initiatives

Category 3: Energy and Climate Action Facilities Management, Operations, and Maintenance Advisory and Consulting Services:

1. Facilities Commissioning Services:

a. Conduct building commissioning investigations, including developing Current Facility Requirements documents, evaluating Energy Management Systems, and identifying low cost and capital energy conservation measures

b. Overseeing building commissioning implementation including developing scopes of work and performance specifications. Reviewing proposals and confirming proper implementation and commissioning.

2. Facilities management and operations:

Conduct research, analysis, planning, and oversight services: perform any one of the following services including but not limited to facility planning, move management, daylighting, acoustic advisory, audio visual, carbon footprint reduction, security, staffing, and training, etc.

3. Facilities Maintenance research:

Conduct analysis, planning, and oversight services: including but not limited to process improvements, capital investment planning, life cycle cost analysis, maintenance standards, staffing, and training, etc.

4. Facility Condition Assessment Services:

Including but not limited to conducting ASHRAE Level 1 Audits, life-cycle cost analysis and projections, capital equipment analysis and reporting, capital investment planning and condition assessment updates Required Bidder Qualifications

1. Three (3) years’ experience for company or principal(s) in one or more of the service areas described above

2. Demonstrated ability to perform tasks assigned within this category Additional Bidder Qualifications

i. Energy Engineer and or Certified Energy Manager: Bidder shall have at a minimum one such person on staff

ii. BOC Certified personnel

iii. Facility Management Certifications

iv. Certified Protection Professional

v. Procure and manage sub-contractor services for specialized facility related services and diagnostic testing.

Geographic coverage The SST seeks vendors capable collectively of providing service to cover the entire Commonwealth of Massachusetts as detailed in the County Map provided on the following page. Each Bidder must indicate in their bid, the counties that their service will cover or alternatively if they will provide services to cover the entire State. Please click on the following link to see a list of cities and towns in each county: https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm.

Counties

· Berkshire

· Hampshire

· Franklin

· Worcester

· Hampden

· Middlesex

· Essex

· Suffolk

· Norfolk

· Plymouth

· Bristol

· Barnstable

· Dukes

· Nantucket

Ordering and Quotes Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

Environmental Specifications In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. Executive Order 594, Leading by Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was also signed in 2021. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government Required Environmental Specifications A number of environmental product or service specifications have been designated as either mandatory or desirable for the Product/Service category by the EPP Program through EO 515 and can be viewed in the Minimum Environmentally Preferable Products and Services Specifications Guide at https://www.mass.gov/files/documents/2016/09/wf/epp-specifications_0.xlsx. All statewide and executive department contracts are required to use these standards, unless otherwise noted in the RFR.

Bidder Current Environmental Practices Form All Bidders are required to include the Bidder Current Environmental Practices Form that may be found in Attachment three (3) of this RFR.

Bidders must complete the EPP form and submit it with their RFR response. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional evaluation points for the environmental initiatives they identify, however, bidders must substantiate all answers to receive additional points.

Environmental plan Awarded Bidders must agree to work with OSD and the SST to examine the feasibility of implementing an environmental plan throughout the life of the contract. Such a plan may include, but not be limited to, implementing energy initiatives, adopting, and implementing sustainability policies or third-party standards and/or certifications, or publicizing their environmental initiatives. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Bidders may include written proposals submitted as an attachment [CompanyName_EnvironmentalPlan.pdf] to their RFR response detailing a commitment to action contingent upon receipt of a Contract award.

Compensation Structure/Pricing Compensation will be project based and shall include all ancillary costs incurred in pursuit of project goals. There will be no rates posted as part of the contract award process for PRF74.

Cost tables There is no price proposal required to be submitted as a part of this Bid submission. Cost associated with PRF74 is according to individual projects as described and agreed to in the Statement of Work (SOW) that will be between the successful vendor and the buyer in the eligible entity soliciting quotes. . Awarded vendors are required to provide specific and transparent prices in all responses to bid quotation requests.

Eligible entities will determine the format in which quotations for their specific project will be collected. Bidders are expected to be competitive with each project and must provide a detailed and transparent budget related to the scope of services to be completed.

Eligible entities and awarded PRF74 RFR vendors may negotiate project rates as part of the bid process. Negotiated project rates may be publish by the eligibly entities as part of the bid records in COMMBUYS.

Contractors are not allowed to charge additional fees under this contract. This includes, but is not limited to, charges for permits, set-up, quotes, travel, transportation, commuting, meals, lodging, and any other fee.

COMMBUYS Setup The Commonwealth contract manager will establish and enable an MBPO in COMMBUYS which will include line items for all awarded categories of services.

Commonwealth commodity codes are based on the United Nations Uniform Product and Service Code (UNSPSC) and will provide Purchasing Entities with the capability to order only those services authorized by the vendor’s contract with the Commonwealth from the Contractor using COMMBUYS. The Contractor is required to maintain the authorized categories for the duration of the contract and must receive prior approval from the Contract Manager before posting any updates or changes, which must be consistent with the terms of the contract.

Commonwealth Agencies are required to obtain quotes from multiple Statewide Contractors prior to issuing a Purchase Order. This will be done by issuing Closed Bids in COMMBUYS to awarded Contractors. Contractors will be required to use COMMBUYS to submit quotes in response to said Closed Bids. Purchase orders under this contract will be based on awarded Quotes.

Responding to COMMBUYS quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Please refer to Section 4.3 for further details.

Executive Agencies and other eligible entities participating in the COMMBUYS e-procurement system will place their orders through COMMBUYS and awarded vendors are responsible for checking for quotes and purchase orders through COMMBUYS system. Non-Executive purchasing entities may order outside of the COMMBUYS system through telephone or email.

Awarded Contractors are required to maintain an active registration in COMMBUYS, and to maintain a current email address for the Contractor's contact person. Please refer to Section 8.2 for further details.

Prompt Pay Discount All Bidders 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.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, unless otherwise specified by the SST. The SST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Response.

SUPPLIER DIVERSITY PLAN (SDP)

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, and/or SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form– SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all Bidders regardless of their certification status, and no Bidder will be awarded a Contract unless and until the above requirement is met. In planning their SDP commitment, Bidders certified by SDO must note that the commitment cannot be met by making expenditures within their own company or with parent or wholly owned subsidiary companies. Therefore, Bidders may not list themselves or affiliates as SDP Partners. To ensure compliance with this section and encourage bidder participation, SDP Plans submitted by bidders will be evaluated by the SST at 25% or more of the total available 100% evaluation points. Note: this does not mean that the bidder must commit 25% of sales. Questions concerning how the SDP works may be directed to the Supplier Diversity Office (SDO) or bidders may view a description of the SDP on the SDO webpage at www.mass.gov/sdo.

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

Financial Commitment Requirements All Bidders responding to this solicitation are required to make a meaningful 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 any 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.

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 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 Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

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

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 as long as 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:

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

· Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but 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, then the Contractor must find alternative SDP Partners to meet their 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 can be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable that Bidders provide an SDP Focus Statement that describe 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.

It is also desirable that Bidders 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 are separate and distinct from subcontracting and ancillary relationships included in the Bidder’s SDP financial commitment and 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 substantial Bidder 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 and Compliance After contract award, Contractors shall be required to provide quarterly, semi-annual and/or annual [select the option(s) that apply] reports demonstrating compliance with the agreed-upon SDP Commitment.

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

It is always the responsibility of the Contractor to ensure they meet their SDP Commitment, and 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.

Diversity & Inclusion The Commonwealth is committed to helping address the disparity in the participation of minorities and women in the fields of Professional Environmental and Consulting Services. In addition to previously submitted Supplier Diversity plans and/or commitments, the SST is interested in learning about the Bidder’s approach and commitment to diversity in its policies, overall business practices, and in assembling this project team. The Diversity Focus Statement form in section 8.3 and Appendix 3 of this RFR should be used to describe a Bidder’s approach and commitment to Diversity and Inclusion.

Bidders are encouraged to be creative in assembling their teams by considering partnering with diverse, qualified firms and/or other means to provide additional opportunities for MBE and WBE firms in new ways. The Diversity Focus Statement form in Appendix 3 has a section for a Diversity narrative and a table for listing external partners to assist Bidders with their RFR Diversity and Inclusion statement.

1. As part of their Bidders Response, Bidders should include a Diversity Focus Statement. Bidders are encouraged to speak broadly on what diversity and a culture of inclusivity and belonging means to their firm and provide specific examples (large and small) of how their team is approaching these issues within their firm and the field in general.

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.

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 contractor to make minor corrections to the submission.

The exclusion of the following documents from a Bidder’s submission will result in automatic disqualification:

1. Bidders’ Response Form Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

Mandatory Requirements Bidders who do not meet all mandatory requirements will be disqualified. The SST may determine if non-compliance with a mandatory requirement is insignificant or can be corrected or clarified. Mandatory requirements for this RFR are: three years minimum experience of the business or principle and demonstrated ability to perform the services areas of one or several categories. See Section 4 for additional details. All mandatory requirements must be submitted via the Bidder Response Form.

Bid terms that include language such as: “must”, “shall”, “will” and “required” are “mandatory.”

Evaluation Components The following components will be some of the criteria considered by the team when evaluating each bidder’s response:

Supplier Diversity Plan This mandatory component constitutes 25% weight of the total available 100% evaluation points

Service Category Experience Bidders will be scored per category for each category of interest to the Bidder.