WPP Laboratory Services RFR_Final.pdf

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

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Department of Environmental Protection

BUREAU OF WATER RESOURCES

DIVISION OF WATERSHED MANAGEMENT, WATERSHED PLANNING PROGRAM

8 NEW BOND STREET

WORCESTER, MA 01606

Request for Response (RFR)

Document Title: Specialized Environmental and Water Quality Analytical Laboratory Services

Agency Doc ID: DEP-BWR-DWM-RFR-2025-SLS-MSA COMMBUYS Bid #: BD-26-1045-BWR00-BWR01-117581

June 23, 2025

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

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

Table of Contents Page i

1 TABLE OF CONTENTS

1 Table of Contents ................................................................................................................................... i 1 RFR Introduction and Description

1.1 Background

1.2 Applicable Procurement Law

1.3 Number of Awards

1.4 Adding Contractors After Initial Contract Award

1.5 Eligible Entities

1.6 Acquisition Method(s)

1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract

1.8 Contract Duration

1.9 Estimated Value of the Contract

2 Estimated Procurement Calendar

2.1 Written questions via the Bid Q&A on COMMBUYS

2.2 Locating Bid Q&A

2.3 Amendment Deadline

3 Specifications

3.1 Bidder Qualifications

3.2 Anticipated Scope of Services

3.2.1 Category 1: Analytical Laboratory Services

3.2.2 Category 2: Biological Laboratory Services

3.3 Performance Specifications

3.3.1 Sample Receipt and Analysis

3.3.2 Quality Assurance/Quality Control (QA/QC)

3.3.3 Data Reporting, Documentation and Deliverables

3.3.4 Right to Suspend or Terminate the Contractor for Performance Problems and/or Violations of Legal Requirements

3.4 Additional Mandatory Terms and Conditions

3.4.1 Standard Commonwealth Forms

3.4.2 Executive Order 515, Establishing an Environmental Purchasing Policy

3.4.3 Data Ownership

3.4.4 Environmental Specifications

3.4.5 Litigation and Contract Defaults

3.5 Compensation Structure/Pricing

4 Other Terms

4.1 Reporting, Department Point of Contact, and Contractor Information Updates

4.2 Continued Qualification Based Upon Performance

4.3 Compliance with Federal Terms and Conditions:

4.3.1 U.S. EPA General Terms and Conditions

As a potential subrecipient of an award of federal financial assistance issued by the U.S. Environmental Protection Agency (“U.S. EPA” or “EPA”) to MassDEP, all Contractors agree to comply with the EPA General Terms and Conditions applicable to the Department’s award and in effect at the time of execution of a contract resulting from this solicitation. The Terms and Conditions may be found at the following link:

https://www.epa.gov/grants/grant-terms-and-conditions#general. All bidders agree to assist MassDEP in complying with all applicable provisions for the duration of any resulting contract

4.3.2 EPA Administrative and Programmatic Conditions

As a potential subrecipient of an award of federal financial assistance issued by the EPA to MassDEP, all Contractors agree to comply with, or shall assist MassDEP in complying with, all applicable administrative and

Table of Contents Page ii programmatic conditions, which are incorporated by reference herein, for the duration of any resulting contract. A copy of MassDEP’s financial assistance agreement with the EPA shall be available to Contractors upon request

4.3.3 Uniform Grant Guidance (2 C.F.R. Part 200)

As a potential subrecipient of an award of federal financial assistance issued by the EPA to MassDEP, all Contractors agree to comply with the requirements of 2 C.F.R. Part 200 applicable to subawards, for the duration of any resulting contract

4.4 Compliance with Federal Cross Cutting Authorities

4.5 Compliance with Six Good Faith Efforts

4.6 Use of Logos

4.6 Cybersecurity

5 Audit 6 Evaluation Criteria 7 How To Submit a Quote

7.1 Response Content and General Instructions

7.2 Quote Submission Method

7.3 COMMBUYS Quote Submission Training and Instructions

7.4 COMMBUYS Support

7.5 Bid Opening Date/Time

7.6 Quote Contents

7.6.1 Proposal Checklist

7.6.2 Electronic Signatures

7.7 Limits and Restrictions

7.7.1 File Naming Conventions

7.7.2 File Size Limits

7.8 Withdrawing a Quote

7.8.1 Prior to Bid Opening Date/Time

7.8.2 After Bid Opening Date/Time

7.9 Additional Quote Terms

7.9.1 File Format Restrictions

7.9.2 Prohibition regarding contract terms

8 Appendix 1—Required Terms for all RFRs General Procurement Information

Alterations Ownership of Submitted Quotes Prohibitions

Terms and Requirements Pertaining to Awarded Contracts Commonwealth Tax Exemption Contractor’s Contact Information Publicity 20

9 Appendix 2—RFR-Required Specifications for Commodities and Services 10 Appendix 3—Instructions for Execution and Submission of Commonwealth Standard Forms

Commonwealth Standard Contract Form Commonwealth Terms and Conditions Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) Contractor Authorized Signatory Listing Current Environmentally Preferable Products / Practices Form Prompt Payment Discount Form Business Reference Form

Table of Contents Page iii

11 Appendix 5—Detailed Instructions for Vendors Responding to Bids 12 Appendix 6—Glossary 13 Appendix 7—Proposal Checklist

DEP-BWR-DWM-RFR-2025-WPP-SLS- MSA / COMMBUYS Bid#: BD-26-1045-BWR00-BWR01-117581

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

1 RFR INTRODUCTION AND DESCRIPTION

1.1 Background

Procurement Scope and Description: Overview

The mission of the Watershed Planning Program (WPP) in the Massachusetts Department of Environmental Protection (MassDEP or the Department) is to protect, enhance, and restore the quality and value of the waters of the Commonwealth. Guided by the federal Clean Water Act, WPP implements this mission statewide through five Sections that each have a different technical focus: (1) Surface Water Quality Standards; (2) Surface Water Quality Monitoring; (3) Data Management and Water Quality Assessment;

(4) Total Maximum Daily Load; and (5) Nonpoint Source Management. Together with other MassDEP programs and state environmental agencies, WPP shares the duty and responsibility to secure the environmental, recreational, and public health benefits of clean water for all people of the Commonwealth.

WPP is responsible for the following activities pursuant to the CWA:

Developing and implementing the Massachusetts Surface Water Quality Standards (314 CMR 4.00).

Monitoring the chemical, physical, and biological characteristics of surface waters throughout the Commonwealth (CWA Sections 303(d), 305(b) and, 314).

Managing and reporting results of surface water quality monitoring data, including data collected under the Water Quality Monitoring Grant Program (CWA Sections 303(d), 305(b) and, 314).

Assessing surface water quality conditions and attainment of existing and designated uses as defined in the Massachusetts Surface Water Quality Standards (CWA Section 305(b)).

Protecting high-quality waters and developing plans to restore impaired surface waters through watershed planning (CWA Section 303(d)).

Reducing nonpoint source pollution through the Water Quality Management Planning (CWA Section 604(b)) and Nonpoint Source Implementation (CWA Section 319) grant programs.

Due to the unique and specialized nature of its work, WPP requires access to vendors that can provide highly specialized analytical environmental laboratory services. Access to these vendors is vital to the success of MassDEP in fulfilling its CWA obligations.

Through this solicitation, MassDEP is seeking to establish a list of pre-qualified firms (referred to as “Contractors”) to provide MassDEP’s WPP with specialized analytical laboratory services (e.g., analysis of organic and inorganic compounds, pharmaceuticals and personal care products [PPCPs], and microbiological and bioindicator samples). Qualified Contractors selected as a result of this solicitation will be placed on a pre-qualified list for the acquisition of specialized analytical laboratory services, on the Department’s Master Service Agreement.

Specific services that are required to meet the goals and annual milestones are described in Section 3.2: Anticipated Scope of Services. The specialized services required under this solicitation are integral to MassDEP’s implementation of the required key provisions of the CWA and WPP’s surface water quality monitoring efforts.

1.2 Applicable Procurement Law

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

M.G.L. c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

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

1.3 Number of Awards

MassDEP is seeking to establish a list of multiple pre-qualified Contractors and has not set an upper limit on the number of Contractors.

1.4 Adding Contractors After Initial Contract Award

Qualified Contractors may be added to the Master Service Agreement after initial Contract award based on the discretion of the Strategic Sourcing Services Team (“SST”). If, over the life of the Contract, the SST determines that additional firms should be added, these firms may first be drawn from qualified companies that responded to this Solicitation but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional bids.

1.5 Eligible Entities

Limited User Contract – Restricted to Use by Defined Entities Only.

Any contract resulting from this Bid will be open for use to the Issuing Entity Only. The issuing entity is the Massachusetts Department of Environmental Protection.

1.6 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchase and/or Fee for Service.

1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 6 months after final contract end date. No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance, or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main contract.

1.8 Contract Duration

The duration of this contract, including any options to renew/extend the contract term, are contingent upon the availability of funding. No agreements for services may be executed after the Contract has expired. The expected duration of this contract is as follows:

Contract Duration Number of Options

Number of Years Instructions*

Initial Duration 5 Effective Start Date (Contract Execution Date) through five (5) years.

Renewal Options 1 2 One (1) option to renew for two (2) years.

Total Maximum Contract Duration

7 With extensions through exercise of one (1) renewal option, for potentially up to seven (7) 1years.

*Contracts and contract extension are contingent upon availability of grant funding.

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

1.9 Estimated Value of the Contract

The cumulative estimated value of purchase(s) resulting from this Bid (inclusive of the exercise of all options to renew the contract term) is $500,000. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

WTO Posting Date Monday, June 2, 2025

Bid Release Date Monday, June 26, 2025 Deadline for Submission of Questions through COMMBUYS “Bid Q&A” Monday, July 7, 2025, at 12 p.m.

Official Answers for Bid Q&A published (Estimated) Wednesday, July 16, 2025 Bid Amendment Deadline / Online Quote submission begins. Bid documents will not be amended after this date.

Wednesday, July 16, 2025

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS) Monday, July 28, 2025, at 2 p.m.

Notification of Apparent Successful Bidder(s) (Estimated) Friday, August 8, 2025

Estimated Contract Start Date Friday, August 22, 2025

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

Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

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

Bidders are responsible for entering content suitable for public viewing since all the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any

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

submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

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

It is the responsibility of the prospective Bidder and awarded 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.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

2.3 Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication through the Bid Amendment Deadline date set forth in the Estimated Procurement Calendar. 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 accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

IN GENERAL: All Bidders must submit an RFR Response that includes a description of all services offered. By submitting a response to this RFR, all Bidders acknowledge and affirm that their RFR Response: (1) complies with, and will adhere to, all required terms and conditions of the RFR; (2) includes a qualified team; and (3) if selected as a result of this solicitation, will ensure that all personnel associated with the required services will remain qualified for these services for the duration of the Contract.

3.2 Anticipated Scope of Services

After Contract award, those Bidders who have been pre-qualified as a result of this solicitation to be on the Department’s Master Service Agreement list may be contacted during the course of the Contract term to provide a detailed quote that includes specific price quotes for identified tasks in the Department’s Request for Quotes.

The types of services included within this RFR are divided into two (2) general categories based on the programmatic objectives of MassDEP’s Watershed Planning Program. Bidders may submit an RFR response demonstrating capabilities in one, or both categories, and Bidders must specify in the response the Category number(s) for which they are seeking a contract award.

The Scope of Services for this RFR includes one or more of the following Categories of services as outlined below.

3.2.1 Category 1: Analytical Laboratory Services

Bidders who are pre-qualified under this category may be asked to provide quotes for one (1), some or all analytical laboratory services, based upon the Bidders’ capabilities.

Each Bidder shall provide the following information in a narrative format as part of its statement of qualifications:

Evidence of the firm’s ability to provide the requested analytical laboratory services, including but not limited to participation in proficiency testing (PT) programs, or other QA/QC programs, internal method validation documents/reports, etc.

Three (3) references regarding the Bidder’s performance/responsiveness (Appendix 3 and https://www.mass.gov/doc/business-reference-form-2/download) in providing analytical laboratory services both on a standard basis and on an expedited basis; and

A statement of specific laboratory services available for each firm.

The laboratory’s ISO17025 accreditation status and evidence of any laboratory certifications that demonstrate competence and quality.

A list of the Bidder’s laboratory standard operating procedures (SOPs) and associated methods

(e.g., EPA, ASTM, Standard Methods) used for each analysis (not the actual SOP document).

To the extent feasible, Bidders should specify their ability to provide analytical laboratory services to accommodate the requirements of MassDEP’s Watershed Planning Program for analysis of non-potable water, biological tissues, sediments, and other environmental matrices. Bidders must specify their ability to provide any, or all, of the following laboratory services including, but not limited to:

a. Inorganics: e.g., nitrogen, phosphorous, chloride, fluoride, asbestos, metals (including mercury)

b. Organics: e.g., VOC, SVOC, petroleum hydrocarbons, pesticides and herbicides, TOC/DOC, synthetics, PCBs (including arochlors and congeners), dioxins; PFAS, PPCPs, endocrine-disrupting compounds, 6PPD and 6PPD-q, microplastics, and related degradants

c. Microbiological: identification and enumeration of bacteria; eDNA and other molecular techniques,

d. Ecotoxicology and toxins

e. Radionuclides: e.g., uranium, radon, radioactive iodine, gross alpha/beta, radium

f. Wet chemistry: e.g., solids, pH, COD, BOD, turbidity, hardness, alkalinity, chlorophyll, color.

3.2.2 Category 2: Biological Laboratory Services

Bidders who are pre-qualified under this category may be asked to provide quotes for one (1), multiple, or all biological laboratory analytical service(s) based upon the Bidders’ capabilities.

Each Bidder shall provide the following information in a narrative format as part of its statement of qualifications:

Evidence of the firm’s ability to provide the requested analytical laboratory services, including but not limited to participation in proficiency testing (PT) programs, or other QA/QC programs, internal method validation documents/reports, etc.

Three (3) references regarding the Bidder’s performance/responsiveness (Appendix 3 and https://www.mass.gov/doc/business-reference-form-2/download) in providing analytical laboratory services both on a standard basis and on an expedited basis; and https://www.mass.gov/doc/business-reference-form-2/download https://www.mass.gov/doc/business-reference-form-2/download

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

A statement of specific laboratory services available for each firm.

The laboratory’s ISO17025 accreditation status and evidence of any laboratory certifications that demonstrate competence and quality.

A list of the Bidder’s laboratory standard operating procedures (SOPs) and associated methods

(e.g., EPA, ASTM, Standard Methods) used for each analysis (not the actual SOP document).

Resumes of the lead analysts who will be performing analysis of samples.

To the extent feasible, Bidders should specify their ability to provide biological laboratory services to accommodate the requirements of MassDEP’s Watershed Planning Program for analysis of non-potable water, biological tissues, sediments, and other environmental matrices. Bidders must specify their ability to provide any, or all, of the following laboratory services including, but not limited to:

a. Benthic Macroinvertebrates: Processing, sorting, quantification, and taxonomic identification of benthic macroinvertebrate samples.

b. Cyanobacteria: Quantification and taxonomic identification of cyanobacteria samples.

c. Algae (benthic and planktonic): Quantification and taxonomic identification of algae samples.

d. Zooplankton

e. Habitat assessment and bioassessment.

f. Bio-statistical analysis.

3.3 Performance Specifications

3.3.1 Sample Receipt and Analysis

The contractor shall receive and log-in samples, store them appropriately and begin all analyses within analytical holding times for each test requested. The Contractor shall provide the Department sample collector(s) with a copy of the completed and signed chain-of-custody form(s) together with the analytical test results. Sample analyses shall be performed using Contractor-specific SOPs as approved by the Department. If at any time the Contractor changes methods or procedures being used under this Contract, the Contractor shall provide prior written notification to the Department, which will include an explanation for the change. The changes will be implemented only if they are expressly approved, in writing, by MassDEP.

3.3.2 Quality Assurance/Quality Control (QA/QC)

The Contractor may also be asked to provide current and historical reports of its analysis of Proficiency Testing (PT) study samples or other QA/QC test samples for the work being conducted under their current contract with MassDEP. The Contractor will provide Standard Operating Procedures (SOPs), Quality Management Plans and any other QA/QC related documentation demonstrating their proficiency and commitment to quality upon request.

3.3.3 Data Reporting, Documentation and Deliverables

For each engagement, the Contractor must be able to provide data reports that include reporting of internal (laboratory) quality control sample results, sample results showing the Department and lab sample IDs, the matrix sampled, sample collector(s), collection date/time, analysis date/time, laboratory methods used, units, and a copy of the completed chain-of-custody form. The Contractor will be required to provide the Department with an Electronic Data Deliverable (EDD) containing a complete record of all project data and metadata in a format consistent with WPP’s standard EDD template (to be provided following sample delivery) or other mutually-agreed-upon format.

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

3.3.4 Right to Suspend or Terminate the Contractor for Performance Problems and/or Violations of Legal Requirements MassDEP reserves the right to suspend or terminate a Contractor based upon evidence of:

performance problems on one or more assigned projects; failure to meet and/or comply with the Contract Requirements; fraud, or alleged fraud, in the submission of invoices or with respect to other dealings with MassDEP and/or EPA; violation of any federal, state, or local laws, regulations or requirements and/or failure to remain current on all fees/taxes/payments owed to the Commonwealth.

This provision shall be interpreted in a manner consistent with the requirements set forth in the Commonwealth’s Terms and Conditions.

3.4 Additional Mandatory Terms and Conditions

3.4.1 Standard Commonwealth Forms

In addition to meeting all the requirements of this RFR, the terms and conditions for this Contract are presented in the “Commonwealth Terms and Conditions” and “Standard Contract Form” as well as other Commonwealth forms that the Bidders must agree to, sign, and submit with the responses to this RFR. Please see RFR Section 7.1 regarding detailed submission requirements for all required Commonwealth forms. Please note that Bidders must also complete, sign, and submit the Commonwealth’s Prompt Payment Discount (PPD) form as part of the RFR Response for this solicitation. For additional information, Bidders should review Appendix 2 (Required Specifications) and Appendix 3 (instructions for execution and submission of Commonwealth Forms).

3.4.2 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at: https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

3.4.3 Data Ownership

MassDEP’s Ownership of, and Unrestricted Access to and Use of Data and Deliverables: Contractor and MassDEP agree that MassDEP holds ownership of, unrestricted access to and use of all data and deliverables developed for projects procured under this MSA. Related documentation includes all finished or unfinished studies, modeling, analyses, flow charts, design documents, program specifications, programs, magnetic tapes, source coding and listings, source and object decks, test data, test results, schedules and planning documents, training materials and user manuals, forms, reports and similar documents, including modifications thereto.

3.4.4 Environmental Specifications

http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy

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

Beginning the first year of the Contract, and throughout the life of the Contract, awarded Bidders must agree to work with the SST to examine the feasibility of implementing an environmental plan.

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.

Such a plan may include, but not be limited to, the following:

Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

Encouraging environmental initiatives at a corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment, such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

Adopting standards and/or obtaining certifications, where applicable, for product development and manufacturing processes such as but not limited to LEED, ISO 14001, Cradle to Cradle (C2C) Protocol, Green Seal, Environmental Choice, and others.

Using alternative fuel vehicles for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles with guidance on anti-idling initiatives.

Working with the SST to develop and distribute information and/or materials to Commonwealth customers on the Awarded Bidder’s environmental practices and initiatives throughout the term of the Contract.

Developing a plan to implement the recycling of materials used or produced in normal business operations.

The SST may award points to Bidders who provide evidence that measures and initiatives such as these are already in place within their operations, and/or for written proposals submitted with their Quote detailing a commitment to action contingent upon receipt of a Contract award. (See the Additional Environmentally Preferable Products / Practices form on COMMBUYS).

3.4.5 Litigation and Contract Defaults

All firms shall provide information on any prior or pending civil and/or criminal litigation involving the firm and/or the firm’s personnel within the last three (3) years, including but not limited to any breach of contract claims or defaults. This information shall be included as part of the RFR response submission. If firms do not have any prior or pending litigation, the firm shall affirmatively state this fact in the RFR response to this requirement.

3.5 Compensation Structure/Pricing

This is a fee for service contract or outright purchase. The payment procedure for this project is a fixed fee for services based upon MassDEP’s acceptance of all deliverables from the Contractor during the contractual period. Advance payments shall not be made. Payment is generally made within 45 days subsequent to a Contractor’s submission of a correctly executed invoice with appropriate backup documentation that is acceptable to MassDEP.

As part of the RFR Response, Bidders must submit their firm’s base price list for all laboratory analytical services and materials associated with the firm’s selected services for this solicitation. After Contract award, MassDEP reserves the right to further negotiate all labor and material rates with the selected Contractors on a project-by-project basis in order to ensure Best Value to the Commonwealth for this Contract.

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

3.5.1 Price Quote Process (following establishment of the Master Service Agreement and the Pre- Qualified Contractor List):

At any time after the establishment of the Master Service Agreement, the Department may solicit price quotes for specified laboratory services from one (1) or more pre-qualified Contractors.

Depending on Department need and the capabilities of pre-qualified Contractors, selected Contractors from the Master Service Agreement will be contacted, informed of any special considerations or instructions, and asked to provide a laboratory services price quote. All such price quotes must include all costs that will be charged to the Department, including any labor and materials, sub-contractual and direct costs. The Contractor whose specific price quote offers the best value to the Department will be selected for that specific project. This determination may include consideration of the project or task-specific price quotes regarding the total cost, period of performance for completing the work, the experience of the Contractor, and the Department’s determination of a Contractor’s suitability to provide the necessary laboratory services based upon past performance. If none of the specific price quotes received meets the Department’s needs, the Department may reject any and all quotes and may solicit additional quotes in order to determine best value for the Department.

4 OTHER TERMS

4.1 Reporting, Department Point of Contact, and Contractor Information Updates

Contractors are responsible for complying with, or assisting MassDEP in complying with, all contract reporting requirements including, but not limited to any federal reporting requirements, as required by this contract. Following Contract award, all questions must be directed to the MassDEP Contract Administrator. Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories or EFT information must be promptly reported via email to the MassDEP Contract Administrator. In some cases, additional paperwork will be required to effect the change.

MassDEP’s designated Contract Administrator is as follows:

Shervon De Leon Watershed Planning Program Massachusetts Department of Environmental Protection Bureau of Water Resources - Division of Watershed Management 8 New Bond Street Worcester, MA 01606 Tel: 617-780-1074 shervon.deleon@mass.gov

4.2 Continued Qualification Based Upon Performance

During the Contract term, any Contractor may be removed from the Master Service Agreement if the quality of their performance is found to be unacceptable to the Department, or if the Department determines that maintaining the Contractor on the Master Service Agreement does not provide best value or is otherwise not in the best interests of the Department. The Department’s determination to remove a Contractor may be based upon a number of considerations, including but not limited to the following: the consistency and compliance of the Contractor’s responsiveness to the basic Contract specifications; the quality and the cost effectiveness of the Contractor’s services on one or mailto:shervon.deleon@mass.gov

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

more selected projects; and/or the Contractor’s responsiveness to the business needs of the Department.

4.3 Compliance with Federal Terms and Conditions:

All Contractors, through submission of a bid to MassDEP, agree to comply with the following sources of federal terms, conditions, and requirements, throughout the procurement process and for the duration of any resulting contract(s), including all extensions or renewals thereof, whether or not such terms are expressly specified therein.

4.3.1 U.S. EPA General Terms and Conditions.

As a potential subrecipient of an award of federal financial assistance issued by the U.S.

Environmental Protection Agency (“U.S. EPA” or “EPA”) to MassDEP, all Contractors agree to comply with the EPA General Terms and Conditions applicable to the Department’s award and in effect at the time of execution of a contract resulting from this solicitation. The Terms and Conditions may be found at the following link: https://www.epa.gov/grants/grant-terms-and-conditions#general. All bidders agree to assist MassDEP in complying with all applicable provisions for the duration of any resulting contract.

4.3.2 EPA Administrative and Programmatic Conditions.

As a potential subrecipient of an award of federal financial assistance issued by the EPA to MassDEP, all Contractors agree to comply with, or shall assist MassDEP in complying with, all applicable administrative and programmatic conditions, which are incorporated by reference herein, for the duration of any resulting contract. A copy of MassDEP’s financial assistance agreement with the EPA shall be available to Contractors upon request.

4.3.3 Uniform Grant Guidance (2 C.F.R. Part 200).

As a potential subrecipient of an award of federal financial assistance issued by the EPA to MassDEP, all Contractors agree to comply with the requirements of 2 C.F.R. Part 200 applicable to subawards, for the duration of any resulting contract.

4.4 Compliance with Federal Cross Cutting Authorities.

For any contract award made by MassDEP involving federal funds, all Contractors, through the submission of a bid, agree to comply, as applicable, with all relevant federal laws, executive orders, and government-wide policies that apply, by their own terms, to projects and activities receiving federal financial assistance, regardless of the requirements of the federal statute authorizing assistance through a contract. Specifically, all Contractors agree to comply with the following Federal Cross Cutting Authorities: nondiscrimination statutes, including Title VI of the Civil Rights Act of 1964, and EPA's implementing regulations found at 40 C.F.R. Parts 5 and 7; OSHA Worker Health & Safety Standards in 29 C.F.R. 1910.120; the Uniform Relocation Act; National Historic Preservation Act;

Endangered Species Act; Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 C.F.R. 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333); the Anti-Kickback Act (40 USC 276c); and Section 504 of the Rehabilitation Act of 1973, as implemented by Executive Orders 11914 and 11250. All Contractors expressly agree to comply, as applicable, with all other relevant Federal Cross Cutting Authorities including, but not limited to those authorities outlined the EPA document titled, “Information on Requirements that Pass-Through Entities must “Flow Down” to Subrecipients,” Revision Date: March 2023. (Available online at:

https://www.epa.gov/sites/default/files/2020- 11/documents/epa_subaward_cross_cutter_requirements.pdf).

https://www.epa.gov/grants/grant-terms-and-conditions#general https://www.epa.gov/grants/grant-terms-and-conditions#general https://www.epa.gov/sites/default/files/2020-11/documents/epa_subaward_cross_cutter_requirements.pdf https://www.epa.gov/sites/default/files/2020-11/documents/epa_subaward_cross_cutter_requirements.pdf

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

4.5 Compliance with Six Good Faith Efforts.

As a potential subrecipient of an award of federal financial assistance issued by the EPA to MassDEP, all Contractors, through the submission of a bid, agree to comply with the “Six Good Faith Efforts,” as articulated in 2 C.F.R. 200.321, when purchasing goods or services pursuant to any resulting contract.

4.6 Use of Logos.

For any contract award made by MassDEP involving federal funds, all bidders agree that, if the EPA logo is appearing along with logos from other participating entities on websites, outreach materials, or reports, it must not be prominently displayed to imply that any of the Contractor’s activities are being conducted by the EPA. Instead, Contractor agrees to accompany any EPA logo with a statement indicating that the [Insert Recipient or Subrecipient NAME] received financial support from the EPA under an Assistance Agreement with MassDEP. More information is available at:

https://www.epa.gov/stylebook/using-epa-seal-and-logo#policy.

4.6 Cybersecurity.

For any contract award made by MassDEP involving federal funds, all Contractors agree to comply with all applicable state laws regarding cybersecurity, when collecting, managing, protecting, and reporting environmental data associated with the approved workplan and/or SOW for the work funded by an award contract. All Contractors expressly agree to comply with Article 6 of the Commonwealth’s Terms and Conditions, as well as the section titled, “Protection of Commonwealth Data, Personal Data and Information” within the Commonwealth’s Standard Contract Form Instructions and Contractor Certifications, incorporated by reference through the execution of the Commonwealth’s Standard Contract Form for this contract award.

Further, all Contractors agree that, as a subrecipient of an EPA funds, the Contractor shall comply with the following condition, outlined in MassDEP’s Cooperative Agreement with the EPA if the Contractor’s network or information system is connected to EPA networks to transfer data to the Agency, using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange:

“EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition. If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA’s regulatory programs for the submission of reporting and/or compliance data.”

5 AUDIT

https://www.epa.gov/stylebook/using-epa-seal-and-logo#policy

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

During the term of this Agreement and for a period of six (6) years thereafter, MassDEP, its auditors, the Operational Services Division (OSD), the Office of the Inspector General or other authorized representatives shall be afforded access, at reasonable times, to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged MassDEP, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6 EVALUATION CRITERIA

The SST will evaluate the Responses using the following general process. Bidders whose RFR Responses meet the overall requirements of the RFR will be selected by the SST for inclusion on the list for the Master Service Agreement.

Step 1 – Initial Screening: RFR Responses received by MassDEP within the date and time deadlines set forth in the Estimated Procurement Calendar will be screened for compliance with completeness and responsiveness to the requirements provided in this RFR. Please note that MassDEP may disqualify any responses that it determines, in its sole discretion, to be late, incomplete or non-responsive, including for failure to provide all requested documents.

Step 2 - Bidder Qualifications: The SST will evaluate the portions of the Bidders’ Response that provide the information on Bidder qualifications and capabilities to provide the services for the Contract.

The SST’s evaluation will focus on each Bidder’s demonstrated ability, competency, and breadth and depth of qualifications, as well as the qualifications and experience of the Contractor(s), Subcontractor(s), and key staff to perform the required activities selected under the Contract. This evaluation will emphasize the qualifications for each service category as described above. This step may include verification of credentials stated and stated experience of the Bidder and its subcontractors, and verification of compliance with pertinent professional standards and licensing requirements. The Department also reserves the right, in its discretion, to contact and ask about any Bidder’s past performance from any other individual or organization in addition to those clients/projects cited by Bidders in the Response. It is the responsibility of the Bidder to ensure that contact information for previous projects is up to date.

Step 3 – Bidder Base Labor Rate Price Lists (see RFR section 3.5): MassDEP will review and evaluate the Bidders’ base labor rate price list submissions, with fully loaded rates for the key personnel proposed to provide services under this Contract. As indicated above, the Department reserves the right to request and negotiate all prices on a project-by-project basis after Contract Award.

Step 4 – Combined Experience/Capabilities and Pricing Evaluations, and Recommendations for Contract Award. The SST’s final evaluation will include a comparison and final ranking of Bidders based on the experience and capabilities, together with the pricing evaluation, in order to arrive at the best-value Bidders. All Bids will be evaluated by the Department according to quality and responsiveness including completeness, organization and conciseness. The selected list of Bidders will be forwarded to Department management with the SST’s final recommendations for Contract award.

7 HOW TO SUBMIT A QUOTE

All Bidders may begin creating and compiling Quote materials as soon as the Bid with all attachments is in the Sent document status. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar). Written proposals shall be limited to a maximum of 20 single-sided pages (NOTE: any cover page, the cost proposal and required forms

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

for submission (such as DBE, PPD, etc.) are not included in the 20-page limit). Note: Bids that exceed the page limit will not be considered.

7.1 Response Content and General Instructions

The Response must include the following items in the order presented below. In addition, for RFR Response content, all Bidders must comply with the requirements of RFR Section 3.0.

Bidder’s Statement of Qualifications: The Bidder’s Statement must include all elements specified in RFR Section 3.1, including the Statement of Qualifications Narrative and the Bidders’ Itemized Qualifications Statement.

Litigation and contract defaults Statement: The Bidder’s Statement must include all elements specified in RFR Section 3.4.4.

Narrative Response to Additional Qualification Requirements: The Bidder’s Statement of Qualifications narrative must include all elements specified in RFR Section 3.2.

Bidder’s standard labor rates: as specified in Section 3.5 above.

Commonwealth Forms: Bidders must provide the requested Commonwealth Forms as described in this RFR.

Proposal Checklist (see RFR Section 7.6.1 and Proposal Checklist )

7.2 Quote Submission Method

Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

7.3 COMMBUYS Quote Submission Training and Instructions

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

Appendix 6—

An online job aid on How to Create a Quote

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

COMMBUYS.

7.4 COMMBUYS Support

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

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

http://www.commbuys.com/ https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.screencast.com/t/GMJLKkilF12 https://www.screencast.com/t/GMJLKkilF12 http://www.mass.gov/osd/commbuys

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

Email: Send inquiries to the COMMBUYS Helpdesk at OSDHelpDesk@mass.gov

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

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

7.5 Bid Opening Date/Time

All Bids must be received by the Operational Services Division…