RFR_Template_Hatchery_StockingOperations_2-23-24_FINAL.pdf

ISSUE DATE: 02/21/2024 Updated: February 21, 2024

REQUEST FOR RESPONSE:

Purchasing Department MA Division of Fisheries and Wildlife

Address 1 Rabbit Hill Road

City, State Zip Code Westborough, MA 01581

Procurement Contact Person Chantel Hernandez

Telephone Number 508-389-6387

Fax Number 508-389-7890

E-Mail Address Chantel.Hernandez@mass.gov

RFR Name/Title Fisheries Conservation, Hatchery, and Stocking Goods and Services

RFR Number DFW-2024-015

COMMBUYS Bid Number BD-24-1046-DFW-FWE11-98763

Commodity Fisheries and aquaculture (70-10-00)

1. Description or Purpose of Procurement:

The purpose of this Request for Response (RFR) is to solicitate bids for the procurement of goods and services necessary to implement the Massachusetts Division of Fisheries and Wildlife (MassWildlife’s)

Hatchery, Fish Stocking, Fisheries Conservation, and Education Programs and may be utilized when a good or services is not available through a Statewide Contract offered through the Operational Services

Division (OSD).

MassWildlife conducts various fisheries conservation efforts including the year-round hatchery operations at 5 fish hatcheries in Sandwich, Palmer, Belchertown, Sunderland, and Montague and stocks

>500,000 fish into Massachusetts waterways during spring and fall stocking season. In support of these efforts, we require the services of professional hatchery, aquaculture, fishing stocking and other fisheries conservation and management suppliers to provide supplies and equipment, as well as repairs, maintenance, and inspections for all equipment used by the hatchery, fish stocking, research, management, education and other conservation programs.

The purpose of this RFR is for MassWildlife to establish a Master Blanket Agreement with multiple vendors that offer hatchery and fisheries equipment and supplies, as well as repairs, maintenance, and inspections for all equipment used by the hatchery, fish stocking, research, management, education and other conservation programs.

REQUEST FOR RESPONSE

Fish Hatchery and Stocking Goods and Services

RFR # BIDPKG1514817 / COMMBUYS Bid# BD-24-1046-DFW-FWE11-98763

Through the resulting Master Blanket Contract Agreements, MassWildlife will conduct future purchases through the solicitation of quotes and the issuance of purchases order from vendors authorized under the Master Blanket Contract Agreements. This will enable MassWildlife to procure goods and services in an efficient and timely manner allowing our hatcheries to perform critical functions 24 hours a day, 7 days a week.

Applicable Procurement Law

Check Appropriate

Box (“X”):

Type of Purchase Applicable Laws

Executive Branch Goods and Services x 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

2. Acquisition Method:

Check All Applicable (“X”): Category

X Fee-For-Service

X Outright Purchase

X Rental (not to exceed 6 months)

Term Lease

License

Other: [specify, e.g., TELP]

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

Check One (“X”):

Single Contractor

X Multiple Contractors

Rental Options may be available under this RFR as deemed necessary by MassWildlife

Estimated Number of Awards

The target maximum number of Contractors is no limit; the MassWildlife may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

Rolling Enrollment and Adding Contractors after initial Contract Award

MassWildlife intends this procurement to be a rolling enrollment and additional contractors may be added to the contract award throughout the life of the contract. A rolling enrollment contract means proposals may be submitted and evaluated at any time with no submission deadline. MassWildlife may evaluate submission periodically, including but not limited to quarterly or semiannual depending on

MassWildlife’s need.

MassWildlife reserves the right to suspend the review of additional submissions or close the solicitation for new responses entirely if it deems that the number of contractors awarded at that point in time sufficiently meets MassWildlife needs. If after such a decision, MassWildlife determines that additional contractors should be added, these may first be drawn from qualified companies which responded to the RFR but were not awarded contracts.

Entities Eligible to Use the Resulting Contract

Check One (“X”): Eligible Entities

X

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:

• Agencies within the Executive Office of Energy and Environmental Affairs

• 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.

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

Contract Duration

Number of Options Number of

Years/Months Notes

Initial

Contract Execution Date through December 31, 2027

Renewal Options

6 Options to Renew

Options to renew will be for 2 year periods.

Total Maximum Contract

Up to 15 Years

5. Anticipated Expenditures, Funding, or Compensation:

Estimated Value of Procurement: $ Variable Per Contract.

Anticipated expenditures will depend on the work needed by MassWildlife. Individual vendor contracts are anticipated to be rate contracts and the estimated valued will vary based on the good or service needed. However, the estimated value for most vendor contracts is anticipated to be <$10k/year.

6. Contract Performance and Business Specifications:

Scope of Services and/or Commodities being Procured: Contractor(s) will provide goods and services as needed.

The purpose of this Request for Response is to procure goods and services necessary to implement

MassWildlife’s Hatchery, Fish Stocking, and Fisheries Conservation and Education Programs and may be utilized when a good or services is not available through a Statewide Contract offered through the

Operational Services Division (OSD). The Massachusetts Division of Fisheries and Wildlife (MassWildlife) conducts year-round hatchery operations at 5 fish hatcheries in Sandwich, Palmer, Belchertown, Sunderland, and Montague and stocks >500,000 fish into Massachusetts waterways during spring and fall stocking season. In support of these efforts, we require the services of professional hatchery, aquaculture, fishing stocking, and other fisheries conservation and management suppliers to provide supplies and equipment, as well as repairs, maintenance, and inspections for all equipment used by the hatchery, fish stocking, research, management, and education programs.

A variety of goods and services necessary to implement MassWildlife’s Hatchery and Fish Stocking, and

Conservation and Education Programs, will be provided under this contract. Examples included, but are not limited to:

• Aquaculture (Hatchery) Goods and Services

• Fish Stocking Goods and Services

• Fisheries operations and resources including the goods and services necessary to implement fisheries research, management, and restoration programs.

• Fisheries Education Equipment, Supplies, and Services

• Other goods or services awarded vendors supply

Large single purchases identified by MassWildlife are excluded from this procurement and will be purchased through a separate competitive bid process. Excluded large procurements include but are not limited to Fish Feed, Stocking trucks, and tanks.

MassWildlife will be awarding multiple contracts with qualified vendors resulting in Master Blanket

Contract Agreements. Awarded vendors will be pre-approved to submit quotes on future purchases.

This will enable MassWildlife to procure goods and services in an efficient and timely manner allowing our hatcheries to perform critical functions 24 hours a day, 7 days a week. When MassWildlife needs to purchase goods or services the agency will contact one or more qualified Master Agreement contractors with specific requirements for the needed items or service. The vendors will be asked to provide a project specific bid and delivery time for the product or service as a bid response to a Request for Quote

(RFQ) (see Request for Quotes section below for additional information).

Master Contract Agreements Pricing (Vendor Bid response):

The Bidder(s) will supply a list of prices or discount rate for available items (pricing lists may include catalogs at no cost to MassWildlife or other eligible entities).

Bidders will provide the amount of any discount offered on goods or services. Please include quantity discounts as applicable. A flat-rate discount or discount by item type is acceptable.

For services, the Contractor will provide an hourly labor rate(s) and discount rate for parts. Or other rates appropriate for their business model.

The format of the pricing list may be flexible to accommodate different company models. Bidders may submit a complete list of all products with base prices and % discount or direct buyers to a vendor website with a defined discount off the price on their website.

All equipment service must be performed by technicians factory-certified for that brand of gear / equipment. Prevailing wage rates may apply and will be identified in Request for Quotes (RFQ) as applicable. Flat Discounts or discount by service is also acceptable as authorized under law (ex.

discounts for prevailing wage are not allowable).

Renegotiation of Discount rates / price changes may be made with the approval of MassWildlife with the submission of compelling evidence submitted to MassWildlife for review. MassWildlife reserves the right to implement a renegotiation schedule with MA vendors. MassWildlife may require supporting documentation to justify price or discount changes. MassWildlife will not guarantee a price change.

Please see Compensation Structure/Pricing under Additional Terms for additional information.

Purchasing Conducted under resulting Master Contract Agreements (MA):

Through the RFR process, vendors will prepare and submit bids with pricing and/or discount rates which will be evaluated by MassWildlife. Awarded vendors will enter into a rate contract with MassWildlife establishing authorization as an active vendor under the resulting MA. Through the life of this procurement, MassWildlife staff will have the need to purchase equipment and supplies on an as needed basis, as well as repairs, services, and inspections. As the need arises, MassWildlife will submit requests for these goods or services using the Request for Quotes (RFQ). Only vendors authorized under the resulting Master Blanket Agreement will be eligible to respond to the RFQs.

If MassWildlife’s project specific bids received under the MA does not meet MassWildlife’s needs, MassWildlife may solicit additional proposals or conduct a separate competitive procurement.

Request for Quotes (RFQ):

For the purchase of Goods:

• Obtaining quotes <$10,000: Eligible Entities will obtain one or more quotes from awarded contractors.

• Request for Quotes for purchases exceeding $10,000: Eligible entities will be required to solicit quotes from multiple vendors.

Proprietary products or services: At times, a product may be proprietary to a specific vendor (I.e.: a specific maker of equipment; equipment requiring certified maintenance, certified laboratories). If that is the case, procurement coordinators and requisitioners must document the proprietary product or service in the procurement file to record their due diligence.

Request for Quotes as an Emergency Purchase: An exception to quote requirements may be made to emergency procurements necessary to sustain hatchery and fish stocking operations.

Emergency purchasing status will be determined by the DFW Chief Fiscal Officer or their authorized official, with consultation from the Chief of Hatcheries, the Assistant Director of

Fisheries, and/or Deputy Director(s) of MassWildlife.

For all quotes, special pricing, promotional pricing, and pricing further negotiated by any Eligible

Entity will be honored for all contract users for a minimum of 90 day.

Request for Quotes for Construction Services: Quotes must follow construction law requirements and are not further defined by this RFR. See Construction Requirements.

Purchase Orders: For each purchase or service rendered through the RFQ process a purchase order will be issued through CommBuys and the vendor will submit an invoice to MassWildlife.

Payment will be made for each invoice or group of invoices submitted.

Requests for Payment Authorization (RPA): The use of RPAs will be restricted but may be available on an as needed basis as authorized by MassWildlife’s CFO or her authorized representative.

If an item or service is not available under the contract or a bid response is not in the best interest of the Commonwealth of Massachusetts, such as cost prohibitive, MassWildlife may conduct additional solicitations which may include open market solicitations outside of the scope of this RFR.

Costs which are not specifically identified in the vendor’s bid, and accepted by MassWildlife as part of the bid, will not be compensated under any contract awarded pursuant to this RFR.

Delivery Terms

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.

All deliveries will be “Inside Deliveries” as designated by a representative of the purchasing entity placing the Order unless otherwise noted in the RFQ. Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. 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 Purchasing Entity placing the Order.

Costs shall include all packing and/or crating charges.

Bidders must coordinate time of delivery with the MassWildlife or another Eligible Entity, if requested. 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.

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, an Eligible Entity may refuse or cancel the delivery of a product if it cannot be delivered by the last day of the Fiscal Year (June 30th) when it was ordered.

Returns/Disposal

The Bidder’s returned good policy must allow for the return of unused products normally stocked by the Bidder, within 90 days of delivery, free of charge, including transportation back to the bidder’s facility, in case when:

▪ The wrong item was ordered,

▪ Product that was not ordered was delivered,

▪ Unopened product is being returned in the same condition as received for any reason,

▪ Product performance, appearance, or other attributes do not meet the MassWildlife’s or other eligible entities requirements.

Warranties

Bidders must offer at least the manufacturer’s warranty on all products sold with the cost of the warranty included in the price. It is desirable that extended warranty options be offered at no additional charge. In cases where a written warranty is not shipped with the product it is the Bidder’s responsibility to inform the Eligible Entity of warranty coverage.

Hatchery Office Locations and Contact Information:

An updated list of MassWildlife Offices including Hatchery locations may be found on MassWildlife’s website: Division of Fisheries and Wildlife | Mass.gov

Construction Requirements:

The procurement of construction related services is not the intention of this RFR. However, purchases may be made if MassWildlife (or another eligible entity) is able to ensure compliance with construction law requirements.

Purchasers must ensure that any services involving construction are limited to $50,000 or less.

Purchasing entities are responsible for compliance with applicable construction law requirements.

Information concerning specific M.G.L. c. 149 and c. 30 construction requirements may be found in the

Office of the Inspector General’s Public Procurement Charts at: https://www.mass.gov/download-oig-public-purchasing-and-public-constructionmanuals. It is the responsibility of the Eligible Entity to determine whether installation work includes construction as defined by M.G.L. c.149 or M.G.L. c.30, §39M. Chapter 30B Procurement Assistance from the Office of the Inspector General is available at https://www.mass.gov/how-to/get-public-procurement-assistance-from-our-chapter-30b-team. Access the 30B Hotline at 617-722-8838 or email them at: 30BHotline@massmail.state.ma.us.

Questions about public construction bidding should be directed to the Attorney General’s Office. Please visit the Attorney General’s Public Construction web page to learn more about Public Bidding Laws.

Bid Response and Required Forms https://www.mass.gov/orgs/division-of-fisheries-and-wildlife mailto:30BHotline@massmail.state.ma.us

A complete bid for evaluation includes the following:

• Bid Summary Sheet

• Pricing Proposal (No template):

o Pricing List: Bidder(s) will supply a list of prices or discount for available items (pricing lists may include catalogs at no cost to MassWildlife or other eligible entities).

o Bidders will provide the amount of any discount offered on goods or services.

Please include quantity discounts as applicable. A flat-rate discount or discount by item type is acceptable.

The Commonwealth of Massachusetts requires successful bidders to submit the following forms:

• Standard Contract Form (watermarked version attached for reference)

• Commonwealth Terms and Conditions (signing the Standard Contract Form signifies acceptance of the Commonwealth Terms and Conditions) (watermarked version attached for reference)

• Contractor Authorized Signatory Listing

• Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form)

• Electronic Funds Transfer Sign Up Form

• Prompt Payment Discount Form

Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms. Bidders who have previous contract(s) with the Commonwealth and have up-to-date version of the Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing must be submitted for each new contract with the Commonwealth. Please note that the Commonwealth deems void any changes made on or by attachment to the terms in any of these published forms and that, by submitting a bid in response to this RFR, the bidder agrees that they will sign these forms if notified that they are an apparent successful bidder. Acceptable forms of signature are listed in Appendix C.

Use of COMMBUYS

Awarded Contractors are required to maintain an active registration in COMMBUYS, and to maintain a current email address for the Contractor's contact person. That email inbox must be monitored for communications, including bids and notifications from COMMBUYS, OSD, and Eligible Entities. The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical issues, such as email filtering, computer, network, or ISP problems, cause email communications to be lost or rejected. Awarded contractors must comply with applicable COMMBUYS requirements outlined in Section 8.2.

Communication

Changes to Contractor’s information https://www.mass.gov/lists/osd-forms

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information are to be reported via email to the Contract Manager. In some cases, additional paperwork will be required to effect the change.

Point of Contact

MassWildlife will ask awarded vendors to designate a Point of Contact(s) (Contractor Contract Manager) for communications with MassWildlife’s Contract Manager and staff.

Replacement of Contractor Staff

Promptly notify the Commonwealth Contract Manager regarding Replacement of Contractor staff.

Quality of Work Performance Measures:

Performance of the Awarded vendor(s) under the resulting Contracts will be evaluated based on the following performance measures:

o Price o Vendor Responsiveness o Timeliness o Quality of Good or Service o Contract Administration (ex. Timely and Accurate Invoicing) o Compliance o Other Categories as deemed necessary by MassWildlife staff

The Performance Measures will be used to determine if an Awarded vendor has failed to perform contractual obligations. Such failure may result in any of the following actions:

i. Corrective Action, Suspension and Termination

ii. Cover/Replacement Costs

If issues arise MassWildlife will send written notice to the vendor via email.

A vendor’s contract (or individual purchase orders) may be terminated at any time without cause and without penalty, or if the vendor breaches any material term or condition or fails to perform or fulfill any material obligation require by the contract. or if MassWildlife determines that maintaining the vendor under contract is not in the best interest of the agency, or change in state law, regulation, policy or procedure requires contract termination (ex. a good or service becomes available under Statewide

Contracts which may superseded department contracts).

Additional Terms:

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 https://www.mass.gov/service-details/understanding-commonwealth-payments 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.

Master Blanket Contract Agreements: Awarded vendors will enter into a Master Contract(s) with

MassWildlife to become an authorized vendor to provide goods and services under this RFR.

MassWildlife will solicit purchases through Request for Quotes (RFQ) and procure Goods and Services through purchase orders in the CommBuys system.

Prevailing wage may be applicable to certain RFQ conducted under this RFR and the resulting contract(s). If prevailing wage is required, the requirement will be noted in the Request for Quote (RFQ) and vendors will be able to incorporate prevailing wage into their response to the RFQ. For more information prevailing wage please see: Prevailing Wage Program | Mass.gov

Compensation Structure/Pricing and Evaluation

Compensation will be based on the pricing information submitted by the Bidder and accepted by MassWildlife. Bidders will be awarded based in part on the percentage discount they offer from Manufacturers suggested list price unless specified otherwise. Renegotiation of Authorized Price Changes

The Awarded Contractors may submit a request to update their List Price to the Contract Manager. This request should include an updated List Price File and any supporting documentation for the increase. The format of the pricing list may be flexible to accommodate different company models. Bidders may submit a complete list of all products with base prices and % discount or direct buyers to a vendor website with a defined discount off the price on their website.

Renegotiation of Discount rates / price changes may be made with the approval of MassWildlife with the submission of compelling evidence subject to MassWildlife for review. MassWildlife reserves the right to implement a renegotiation schedule with MA vendors. MassWildlife may require supporting documentation to justify price or discount changes. MassWildlife will not guarantee a price change.

Subcontracting

It is permissible to use subcontractors to provide goods and services to the Commonwealth. However, a primary contractor will be held responsible for the performance of the subcontractor. In addition, MassWildlife may require that the primary contractor must inform MassWildlife who the subcontractors the goods and services they will be providing. Subcontracting will not increase the prices offered by the bidder in response to this RFR without prior authorization from MassWildlife.

Compliance with Laws and Regulations:

https://www.mass.gov/prevailing-wage-program

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.

Public Records Law

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

7. Small Business Purchasing Program

Program Background

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

Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference

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

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

SBPP Participation Eligibility

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

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

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-523-establishing-the-massachusetts-small-business-purchasing-program https://www.mass.gov/executive-orders/no-523-establishing-the-massachusetts-small-business-purchasing-program https://www.commbuys.com/bso/

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

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

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

Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements

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

Program Resources and Assistance

Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.

8. Environmentally Preferable Products

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are 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.

9. 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.

This is a rolling enrollment contract where any vendor that provides and meets the eligibility requirements may submit a bid to become a vendor approved under the Master Blanket Agreement for future purchases through RFQs.

Solicitation and selection of the Contractors will be conducted by the MassWildlife.

http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759

Evaluation Criteria:

• Price

• Quality and/or Qualifications to provide the good or service

• Availability and/or Timeliness

• Certifications (ex. SBPP, SDO, NGO)

• Performance History

Please note that price, including percent discount vendors offer from Manufacturers suggested list price, will carry a significant weight in the evaluation process for both determining awarded vendors under the Master Blanket and in resulting RFQs. Bids which demonstrate the best value overall, including proposed alternatives, that will achieve the goals of the RFQ will be awarded. MassWildlife and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote. Prompt Payment discounts are not incorporated into evaluations and are separate from percent discounts vendors offer from Manufacturers.

10. Eligible Vendors:

To be eligible for consideration and remain eligible to provide goods or services under this RFR all vendors must be in (and remain) in good standing with the Commonwealth of Massachusetts and other government entities. This includes, but is not limited to the following:

a) May not be Debarred, Suspended, or Decertified

b) Be in good standing with the Department of Revenue (DOR) or if no tax history in MA, bidder must be in good standing with all tax entities, federal and state as applicable.

c) Comply with Laws, Regulations, Policies, and Procedures

d) Vendors must be qualified to provide specified good or service. MassWildlife may have specific requirements for specialized good and services purchased through a RFQ under the resulting

Master Blanket Agreement. In these circumstances this information will be provided in the RFQ

11. 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 in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B.

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

Estimated Procurement Calendar

Procurement Activity Date Time

Bid Release Date 02/21/24 12:00 PM

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

02/28/24 12:00 PM

Official Answers for Bid Q&A published

(Estimated)

03/06/24 12:00 PM

Bid Amendment Deadline / Online Quote

Submission Begins.

03/07/24 5:00 PM

Deadline for Quotes/Bid Responses (“Bid

Opening Date/Time” in COMMBUYS)

03/15/24 5:00 PM (Open

Rolling Enrollment)

Notification of Apparent Successful

Bidder(s) (Estimated)

03/27/24

Estimated Contract Start Date 04/01/24

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

Online Questions (Bid Q&A)

Written Questions must be entered using 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 to not 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 questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.

b. Bid Amendment

The Purchasing Department reserves the right to make amendments to the Bid after initial publication.

It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The Purchasing Department and the

Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a

Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

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). MassWildlife’s intention is the creation of a rolling enrollment contract.

d. Estimated Contract Start Date Contract start dates will vary, however, MassWildlife target date for initial Master Blanket Contract Agreement awards is March 01, 2024.

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

The above attachments are available as part of the Bid record on COMMBUYS

(WWW.COMMBUYS.COM).

13 RFR Attachments

Appendix A: Required Specifications

Check (“X”) if applicable

Form/Document Notes/Instructions (If any) x Commonwealth Terms and Conditions Electronic Submission x Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)

Electronic Submission x Standard Contract Form and Instructions Electronic Submission x Contractor Authorized Signatory Listing Electronic Submission x Authorization for Electronic Funds Transfer Electronic Submission x Prompt Payment Discount Form Electronic Submission x Bidder Response Sheet (or Bid Proposal- see Bid Sheet for additional information)

Electronic Submission x Price/Cost Proposal Electronic Submission http://www.commbuys.com/ https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services

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

Appendix C: RFR – Other Specifications

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic

Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2.

Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3.

Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

APPENDIX D: Bid Response Sheet (Vendor Summary) https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids

RFR - Required Specifications for Commodities and Services Revision Date: July 13, 2023

Sensitivity level - low

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

1. COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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 Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

3. Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

4. Quote Content. Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

5. Supplier Diversity Office (SDO) Programs. Pursuant to Executive Order 599, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this RFR.

6. Small Business Purchasing Program (SBPP)

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

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

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

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

2. Been in business for at least one year;

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

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

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract.

Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP Webpage, or contact the SBPP Help Desk at sbpp@mass.gov.

https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 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/sbpp https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov

7. Supplier Diversity Program (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 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.

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.

https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-e…