Fillable AGR ACRE FY20 Form (Commonwealth of Massachusetts)

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AGR ACRE FY20 Form (Commonwealth of Massachusetts)

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1
Agricultural Climate Resiliency
& Efficiencies (ACRE) Program
Fiscal Year 2020
(July 1, 2019 to June 30, 2020)
Request for Response (RFR): RFR File: AGR-ACRE-FY20
For the implementation of projects that help the
the agricultural sector adapt to climate change, mitigate climate change in agriculture
improve economic resiliency, and advance general
goals identified in the Massachusetts Local Action Food Plan
Applications must be postmarked by
Friday, May 31
st
, 2019
Contact: Laura J. Maul
Telephone: (617) 626-1736
E-Mail: Laura.Maul@mass.gov
Massachusetts Department of Agricultural Resources
251 Causeway Street, Suite 500
Boston, MA 02114
Division of Agricultural Conservation & Technical Assistance
2
Contents of Request for Response (RFR)
Contents of Agricultural Climate Resiliency & Efficiencies (ACRE) Program (RFR)
page
Grant Opportunity Summary
3
1. Introduction
4
2. Eligible Projects
Part I: Adaptation & Mitigation Projects
A. Adaptation Projects
4
B. Mitigation Projects
5
Part II: Agricultural Energy Projects
A. Energy Efficiency
5
B. Renewable Energy Projects
6
3. Applicant Requirements
a. Eligible Applicants
6-7
b. Size of Operation
7
c. Leased Property
7
d. Permits
7
e. Conservation Plan
7
f. Locator Maps
7
g. Previously Funded Applicants
7
h. Applicants with an Agricultural Preservation Restriction (APR)
8
4. Proposal Requirements
8-9
5. Funding Availability, Budgeting Guidelines, and Allowable Expenditures
9-10
6. Project Terms
a. Terms
11
b. Agricultural Preservation Restriction (APR) Terms
11
c. Review Process
11
d. Duration of Contract
11
7. Deliverables, Ownership, and Credit Due
a. Installation Standards & Permits
11
b. Installation Standards & Permits – Energy Projects
12
c. Reporting
13
d. Invoicing
13
8. Instruction for Application Submissions
a. Application Submission Instructions
13
b. Additional Required Documentation
13
c. Evaluation Criteria
14
9. Deadlines and Procurement Calendar
15
10. Miscellaneous
15
Attachment A: ACRE Response Form (Fiscal Year 2020)
Applicant Details
16-17
Adaptation & Mitigation Projects
18-28
Energy Projects
29-37
Attachment B: RFR Required Specifications
Attachment B
38-41
3
Executive Office of Energy & Environmental Affairs
Matthew A. Beaton, Secretary
RFR ID: AGR-ACRE-FY20 - Agricultural Climate Resiliency & Efficiencies (ACRE) Program
Proposals Sought For
The Massachusetts Department of Agricultural Resources (“MDAR”) invites Massachusetts
agricultural operations to submit innovative proposals for reimbursement grant funds for the
implementation of practices that address the agricultural sector’s vulnerability to climate
change, mitigate climate change in agriculture, and improve economic resiliency.
Overview & Goals
By providing reimbursement directly to agricultural operations that implement eligible
projects, the program will achieve its purpose of helping the agricultural sector cultivate
climate resiliency, while working towards mitigating climate change in agriculture, and
improving economic resiliency.
Eligible Projects
Projects that help the agricultural sector reduce vulnerability to expected climate change
effects (adaptation), mitigate climate change by reducing emissions, avoiding and displacing
emissions, and/or removing emissions, and improving economic resiliency. Proposals for
projects that work towards both adaptation and mitigation will be a priority for funding.
Proposals for projects that improve soil management, improve water use efficiency and
availability, promote efforts to reduce or limit greenhouse gas emissions or to enhance
greenhouse gas sequestration including post-harvest practice upgrades, improve energy
efficiency and facilitate clean energy adoption will all be considered. Projects are broken into
two categories; Part I: Adaptation & Mitigation and Part II: Energy Projects
Eligible Applicants
Agricultural operations engaged in production agriculture for commercial purposes as defined
in Massachusetts law M.G.L c. 128, Sec. 1A (See further detail on eligible applicants in
section 3). Responder must own, or be a Co-Responder with the owner of the agricultural
operation, who has a legal interest in the land whether by deed or written agreement and
approval to implement the project on the land, which must be in active agricultural use and
managed as a commercial enterprise by the Responder for at least the three (3) previous
years.
Produce operations applying for post-harvest practice upgrades must have an average
annual value of produce sold during the previous three-year period of $25,000 or more. Sales
must be for produce covered under the Produce Safety Rule (PSR).
Application Deadline
Applications must be postmarked by Friday, May 31
st
, 2019. (See further detail on deadlines
and grant program calendar in Section 9).
Funding Availability
PART I: Maximum funding per applicant is 80% of total project costs up to $25,000.
PARTII: Maximum funding per applicant is $25,000.
(See further detail on funding availability in Section 5).
Match Requirement
PART I: Minimum of 20% of total project costs including materials and off-farm contracted
labor (See further detail on match requirement on match requirement in Section 5D).
PART II: There is not a specific dollar match requirement but it is expected there be a
demonstrated cost share in either dollars or in-kind services. (See further detail on the match
requirement in Section 5D).
Duration of Contract
Contract end date is June 30, 2020 with no extension.
Contact Information
PART I: Adaptation & Mitigation: Laura Maul – (617) 626-1739, Laura.Maul@mass.gov
PART II: Energy: Gerry Palano – (617) 626-1706, Gerald.Palano@mass.gov
4
1. INTRODUCTION
The Massachusetts Department of Agricultural Resources (“MDAR”) is pleased to announce the open application
period for the Agricultural Climate Resiliency & Efficiencies (“ACRE”) Program. New to this round of funding is the
inclusion of energy efficiency and renewable energy projects that were previous funded under the separate
Traditional Agricultural Energy Grant Program. In addition to energy projects, ACRE will continue to seek responses
for practices that work towards adapting to climate variability and change, and/or practices that mitigate climate
change in agriculture.
This Request for Response (“RFR”) will consist of two (2) sections; Part I: Climate Adaptation & Mitigation Projects,
and Part II: Agricultural Energy Projects. Applicants can only apply to one section and will only receive a maximum
of one grant under this RFR.
2. ELIGIBLE PROJECTS
Examples of priority projects are listed below. Projects that still meet ACRE goals but are not listed below will be
considered in the review process.
PART I: CLIMATE ADAPTATION & MITIGATION
A. Adaptation
Sector
Priority Projects
Cranberry
Management systems to accommodate increased precipitation
Dairy & Livestock
Infrastructure changes to reduce heat stress – improve ventilation
Installation of fans for improved air-flow
Sprinklers or misters to improve evaporative cooling
Structures for pasture shading
Increase water availability for livestock
Crops
Diversification to perennial crops
Updated water management techniques (improve/add irrigation)
Install hoop houses, high tunnels for controlled environment
Install/enhance drainage systems
Maple Sugaring
High vacuum tubing
Check valve spout adapters
Other Technologies
Monitoring systems
Precision nutrient and pesticide application systems
Maximum Funding Per Applicant
$25,000
5
B. Mitigation
Project Area
Description
Soil Health
Practices to increase soil health and soil carbon
No-till equipment including: no-till drills, deep zone till units, roller crimper, heavy down
pressure springs or other down pressure systems, no-till coulters, row cleaners, no-till
planters, high-residue cultivator, no-till transplanters
Planting monitors that optimizes planting, harvest, and application decisions for
operations engaged in no-till
Post-Harvest Practices
Limited to produce operations to improve storage and post-harvest handling
infrastructure projects, either new construction or retrofits that significantly improve the
washing, packing, and storing of fresh fruits and vegetables improving food safety
while reducing post-harvest food losses
Water Management
Irrigation efficiencies
Solar irrigation pumping
Agricultural water collection and reuse
Maximum Funding Per Applicant
$25,000
PART II: ENERGY EFFICIENCY & RENEWABLES
A. Energy Efficiency
Sector
Priority Projects
Cranberry
Cranberry irrigation engine upgrades to new electric pumps, propane pumps, or
Tier 4 diesel pumps
Dairy
Plate Cooler
Variable Speed Vacuum Pumps
Refrigeration Heat Recovery / Free-Heaters
Greenhouse &
Nurseries
Thermal Blankets / Energy Screens
Envelope Insulation
Natural Ventilation
Root Zone Heating
Electronic Temperature Controls
Maple Sugaring
High Efficiency Evaporators
Reverse Osmosis (RO) Systems
Heat Recovery & Steam Enhanced Units
Other Technologies
Process Heat Recovery
High Efficiency Refrigeration (optimally with heat recovery)
Higher Efficiency Heating Systems
Energy efficient technologies advancing urban food gardens
Cold Storage Systems
Maximum Funding Per Applicant
$25,000
6
B. Renewable Energy
Project Area
Description
Renewables
Photovoltaics (PV)
Battery storage for new or existing PV
Integrated greenhouse solar PV glazing
Solar irrigation systems
Wind
Solar thermal
High efficiency air source/ground source heat pumps/Geothermal
High efficiency advanced gasification wood biomass heating systems
Advanced biomass (gasification) Outdoor Wood Boilers (OWB)
Maximum Funding Per Applicant
$25,000
3. APPLICANTS
3A. Eligible Applicants
Applicant must be an agricultural operation as defined by M.G.L. c. 128, Sec.1a that is principally and substantially
engaged in the business of production agriculture or farming for commercial purposes and:
To be eligible for participation in the Program, a Responder must own, or be a Co-Responder with the owner of
the agricultural operation, who has a legal interest in the land whether by deed or written agreement and
approval to implement the project on the property, which must be in active agricultural use and managed as a
commercial enterprise by the Responder for at least the three (3) previous years. This three (3) year
management requirement may be waived if the operator has substantial direct management experience in
farming;
Are legally recognized entities within the Commonwealth and have the ability to enter a legally binding
agreement with the Commonwealth;
Awards are limited to one per agricultural operation using a unique tax identification number per round of
funding;
Priority will be given to applicants who are established in commercial agriculture and whose primary source of
income is derived from the agricultural operation and that do not anticipate any change of ownership in the next
five years;
Have demonstrated the capacity to implement and administer projects and programs as defined in the
responsive proposals to this RFR; and
Demonstrate evidence of match to the funding requested by the responsive proposal to this RFR;
Not otherwise deemed ineligible under Section 4B.
Produce operations applying for post-harvest practice upgrades must grow covered produce under the Food
Safety Modernization Act (“FSMA”) Produce Safety Rule (“PSR”) (for a list of produce commodities that FDA
has identified as rarely consumed raw go to:
(www.fda.gov/food/guidanceregulation/fsma/ucm334114.htm#exemptions) and must have an average annual
value of produce sold during the previous three-year period of $25,000 or more.
7
Part II: Energy – Additional eligibility requirements for Energy Projects
Applicant’s agricultural operation must have received a general energy efficiency audit, or demonstrate the
initiation of such which shall be completed as part of program fulfillment. A copy of completed energy audits
should be included with the application.
Applicants should have a specific technical assessment i.e. cost-benefit, energy savings, etc. performed for the
energy project being applied for if the proposed project is not included in the general efficiency audit specified
above. A copy of the assessment should be included with the application.
Eligible farm stands shall comply with M.G.L. c. 40A, Sec. 3 and demonstrate that the purpose of the farm stand
shall be to sell agricultural products, a majority of which are produced by the applicant’s agricultural operation.
3B. Size of Operation
There is no minimum acreage requirement. Projects that demonstrate providing the most state benefits per grant
dollar are more likely to receive funding.
3C. Leased Property
If the proposed project is on a property not owned by the applicant, a leases agreement must demonstrate a long-
term, legal right to use the property by the applicant. This typically means a lease agreement for not less than three
(3) years from the date a response is submitted. The proposed project must also be allowed under the terms of the
lease agreement. MDAR may request a copy of the lease agreement as part of its review.
3D. Permits
Proposals which are favorably reviewed and awarded a contract must apply for and receive all required permits,
licenses, and any other federal, state, or local approvals necessary for the project prior to any reimbursement from
MDAR.
3E. Conservation Plan
Applicants that are eligible operations should provide proof of a MACD/Natural Resources Conservation Service
(“NRCS”) Conservation Plan that has been completed or updated within the last five years. Providing a Conservation
Plan is optional, however applicants providing proof will receive additional points during the review. It is not necessary
to include the entire plan with the response.
3F. Locator Maps
Proposals should include a map or aerial photo with the property boundaries drawn and the exact location of the
project described in the application. Maps are available on-line, or can be prepared by your USDA-NRCS field office.
Maps and photos provided by USDA-NRCS are a free service provided to farmers. Responders should plan on
contacting NRCS as soon as possible as it may take several weeks before you receive any map or photo. If you
already have an up-to-date NRCS Farm Conservation Plan, you may submit copies of maps and aerial photos from
the plan.
3G. Previously Funded Applicants
Proposals from individuals/operations that have been previously funded by MDAR under ACRE or proposals from
individuals/operations that are applying for an energy project that have been previous funded under the Agricultural
Energy Grant Program will be considered a lower priority for funding, but are still eligible to apply.
8
3H. Applicants with an Agricultural Preservation Restriction (APR)
APR applicants must obtain, or be in the advanced stages of receiving, all approvals required under their APR and
must be in compliance with the terms of the APR or resolve any outstanding compliance or legal issues with MDAR
prior to submitting their proposal.
4. PROPOSALS
4A. Eligible Proposals
Proposals must meet the minimum requirements listed below in order to be considered for funding.
Projects that support agricultural operations and activities defined by M.G.L. c. 128, Sec. 1A., unless otherwise
deemed ineligible under Section 4B.
Proposals are limited to one request under one area of funding (Part I: Soil Health or Part II: Energy).
4B. Specific Proposal Requirements
Project
Proposal Requirements
No-Till Equipment
Equipment must be new and be covered under the manufacturer’s warranty.
Post-Harvest Practices
Produce operations applying for post-harvest practice upgrades must have an
average annual value of produce sold during the previous three-year period of
$25,000 or more. Operation must grow produce covered under the Produce Safety
Rule (PSR).
Projects must be for Infrastructure, either new construction or retrofits that
significantly improve the washing, packing, and storing of fresh fruits and
vegetables that improve food safety and result in a reduction of food losses.
Washing tables, bins, equipment etc. are not eligible for funding under this
program but under the Agricultural Food Safety Improvement Program
(AFSIP).
Walk-in refrigeration includes new, replacement or consolidation of on-site
refrigeration needs; walk-in refrigeration systems can be field fabricated or
modular; all walk-ins must incorporate high efficiency envelopes and refrigeration
systems in comparison to what is conventionally available; higher priority with be
given to those proposals complying with as many of the provisions as feasible of
the U.S. Department of Energy (DOE) Standard 10 CFR Part 431, e-CFR Data
current as of December 30, 2015, including but not necessarily limited to: Annual
Walk-in Energy Factors (AWEFs); infiltration reduction on doors; panel insulation
values; floating head pressure controls; compressors capable of operating at low
condensing temperatures; variable speed compressor, evaporator and condensing
fan motors; electronically commutated motors (ECMs); and advanced defrost
controls. Incorporating heat recovery will be a plus.
Irrigation Engines
Must replace a stationary or portable in-use agricultural irrigation engine with a
new electric motor, propane engine, or with a new nonroad diesel engine meeting
current model-year Tier 4 emissions certification.
Equipment must be NEW and must be covered under the manufacturer’s warranty.
Old engine either must be destroyed and scrapped, or used as back-up, but can
not be resold. Priority will be given to destroyed and scrapped.
New equipment must be stationary.
9
4C. Ineligible Proposals
Proposals from applicants whose operation is out of compliance with any federal, state, or local laws or
regulations.
Proposals from applicants who are not engaged in commercial agriculture.
Proposals for projects that do not meet requirements specified under Eligible Proposals, Section 4A.
Proposals from applicants failing to meet requirements of previous or existing MDAR Standard Contracts,
including but not limited to, licenses, permits, certificates of approval, certificates of completion, including APR
and/or assistance programs or from applicants with poor past contract performance as determined by MDAR.
Requests for audits, feasibility studies, and vehicles are not eligible for consideration under this program.
Labor performed by the agricultural operation in completing the proposed project is not an eligible reimbursement
expense.
Non-labor costs (e.g. management) and fees associated with project oversite and administration costs are not
eligible for reimbursement.
Proposals for used equipment and/or materials.
Proposals for projects that have already started work or been completed for which the applicant seeks
reimbursement.
All projects involving marijuana shall not be eligible for funding from MDAR at this time.
5. FUNDING AVAILIABILITY, BUDGETING GUIDELINES, &
ALLOWABLE EXPENDITURES
5A. Maximum Funding
Each applicant must submit a proposal and budget requesting not more than specified under the project category
being applied for:
Part I: Adaptation & Mitigation
Maximum funding per applicant is 80% of total project costs up to $25,000.
Part II: Energy
Maximum funding per applicant is $25,000.
MDAR reserves the right to distribute the allocated funding between each grant section, Part I or Part II, and
project categories based on the level and quality of respective responses. All funding is subject to appropriation.
As MDAR would like to fund as many eligible projects as possible, MDAR encourages projects requesting less
than the maximums stated.
If grant funding is available, the Department may increase the maximum threshold at its discretion.
MDAR reserves the right to offer an award amount different than the amount requested.
Funding requests can be for specific components of a project. However, an applicant must demonstrate that the
result of such a request will result in a complete functional and operable system.
10
5B. Additional Funding Requirements
Part II: Energy
If awarded a contract, funding must be used for payment toward the initial cost of materials and sub-contractor
installation to implement the project prior to reimbursement.
Third party financial arrangements such as leases are acceptable provided MDAR Ag Energy Grant funds are
used toward the initial total cost of materials and sub-contractor installation for the proposed project,
prior to any financial or lease agreement, thereby reducing the project amount to be financed or leased,
and subsequent loan or lease payments, and possibly term and buyout stipulations. Ag-Energy Grant
funds SHALL NOT BE used for lease, mortgage or loan payments.
Higher priority will be given to non-utility scale or non-large scale commercial projects that demonstrate
predominately agricultural related renewable energy usage.
Utility-scale and large-scale projects shall be considered those that are greater than 500kW D.C. and generate
more than 200% of average annual or projected agriculturally related energy usage.
Projects receiving and/or applying to receive other program funds, such as the Massachusetts Clean Energy
Center (MassCEC), United States Department of Agriculture Rural Energy for America Program (USDA REAP),
United States Department of Agriculture Environmental Quality Incentives Program (USDA EQIP),
Massachusetts Farm Energy Program (MFEP), Massachusetts Solar Energy Renewable Energy
Certificates(MA SRECs/SMART) and Federal Investment Tax Credit (ITC), known or anticipated, must provide
this information by agency in Part II: Energy , Sections 3A or 4A, and shall be considered as funds contributed
to those relevant projects.
Preference shall be given to applicants who demonstrate having the balance of funding needed to implement the
proposed project. This can be by bank credit reference letters, line of credit reference letters, demonstration of
other grant funds for the project, or an executed loan.
Priority for all heating and cooling projects shall be given to clean heating and cooling technologies as per the
Massachusetts Department of Energy Resources (DOER) and the Massachusetts Clean Energy Center
(MassCEC) programs and subsequent requirements found at www.masscec.com/business/clean-heating-and-
cooling.
Agricultural operations with less access to federal and state electric and natural gas energy efficiency incentive
rebate and grant programs are encouraged to apply.
New construction and new equipment incentives, i.e. not replacement of existing, shall be based on incremental
costs from minimum code and standard efficiency baselines.
5C. Appropriation
All contracts shall be subject to available funding, whether through the appropriation and authorization of sufficient
funds or the receipt of sufficient revenues. If available funding ceases for any reason, a contract shall be deemed
under suspension and contract performance must halt. A contractor will not be entitled to compensation for any
performance provided during the period of contract suspension. MDAR may lift the suspension if available funding is
received. In the absence of foreseeable available funding, MDAR may terminate the contract.
5D. Match
Applicants are requirement to contribute a minimum of the match required by project category being applied for. The
ability to contribute the cost share commitment must be demonstrated as part of the response.
Part I: Adaptation & Mitigation
Applicants are required to contribute a minimum of 20% towards total project
costs.
Part II: Energy
No maximum percentage of total project costs is specified but a cost share is
required in the form of cash or in-kind services.
11
6. PROJECT TERMS
6A. Terms
If awarded, all projects will be required to execute and abide by the standard Commonwealth of Massachusetts
Terms and Conditions. In addition, all final contracts are subject to successful negotiation of a Final Scope of
Services. No project may commence until a contract has been executed by all parties.
6B. Agricultural Preservation Restriction (APR)
If applicable, applicant must obtain all approvals required under their APR. A grant award DOES NOT guarantee an
APR Certificate of Approval (“COA”). Applicant must be in compliance with the terms of their APR or resolve any
outstanding compliance or legal issues with MDAR prior to contract signature.
6C. Review Process
MDAR cannot assist in the preparation of grant applications. In order to maintain integrity of the competitive grant
process, MDAR is unable to advise and/or provide individuals with any information regarding specific applications
during the solicitation process.
There will be two steps of review following the grant application period.
Step I: An initial review to evaluate eligibility and completeness to determine if all required information is provided.
The application will then be reviewed and a point score will be given based on the criteria listed in Evaluation Criteria,
Section 8C.
Step II: All projects which are favorably reviewed in Phase I may require a field visit prior to final award
determinations being made. A favorable initial evaluation and field visit DOES NOT guarantee funding for a proposed
project. The purposes of the field visit are as follows:
To verify the information that is presented in the proposal;
View the agricultural operation and assess the project request;
Verify that the operation is engaged in commercial agriculture;
Determine the appropriateness of the practice proposed for the farm;
Confirm the ability to implement and maintain the practice;
To explore other items deemed necessary, and
Develop a basis for future ‘before and after’ comparisons.
MDAR staff may modify the scope of the proposed project to more effectively achieve program goals.
MDAR may request additional project information.
6D. Duration of Contracts
All projects must be completed by June 30, 2020 with no options for extensions.
7. DELIVERABLES, OWNERSHIP, AND CREDIT DUE
7A. Installation Standards & Permits
The funded contractual activity will be evaluated prior to full reimbursement. Work will be evaluated for
satisfactory completion and compliance to standards. Spot inspections may be conducted at MDAR’s discretion
on all work for the life of the project. Only work that satisfies the terms and conditions for this RFR, contract, and
any other instructions by MDAR shall be eligible for reimbursement.
ACRE funded projects must use USDA-NRCS Standards & Specifications as installation standards when
receiving funding under both NRCS and ACRE, or when required by MDAR.
Proposals which are favorably reviewed and awarded a contract must apply for and receive all required permits,
licenses, and any other federal, state, or local approvals necessary for the project prior to any reimbursement
from MDAR.
12
7B. Installation & Equipment Standards & Permits for Energy Projects
All construction shall be completed and installed in accordance with all applicable federal, state and local codes,
ordinances and regulations. Equipment and materials must be considered new and shall meet relevant IEEE
certifications and must be UL listed.
Solar PV, Clean Energy Heating and Cooling, Wind,, Hydro and Woody Biomass projects shall meet the
applicable Massachusetts Clean Energy Center (MassCEC) equipment and installation program requirements,
the applicable Regulations and Guidelines of the Renewable Portfolio and Alternative Portfolio Standards, as
administered by the Department of Energy Resources (DOER), and all relevant regulations MA Department of
Environmental Protection (MADEP) and the Department of Public Utilities (MADPU) and shall be installed by
contractors engaged, licensed and certified in the relevant technology and meet the same contractor
requirements for installing these technologies as originally or currently established by DOER and MassCEC.
Ground-mounted and dual use of land PV projects must comply with the requirements set forth under DOER’s
SMART Program.
Any outdoor wood-fired hydronic heater rated at 1 MMBTU/hr or greater that is hand fed, or any outdoor wood-
fired hydronic heater that is rated at 3 MMBtu/hr or higher shall comply with the MassDEP Air Pollution Control
Regulations cited as 310 CMR 7.02(5) for a non-major Comprehensive Plan Application “Permit” requirements
including a BACT determination prior to construction.
Any project proponent with a wood-fired outdoor hydronic heater rated at 350,000 BTU/hr output or greater
(defined as a commercial sized hydronic heater), and below the applicable heat input permitting thresholds of 1
MMBTU/hr or greater hand fed or alternatively 3 MMBtu/hr or greater automatic feed, shall meet the
requirements of MassDEP outdoor wood-fired hydronic heater regulation cited as 310 CMR 7.26(50)-(54). The
requirements include meeting a PM standard of .32 lb/MMBtu output, testing at an EPA certified lab, setbacks,
and stack height requirements. In addition, the MassDEP requires under this regulation that the manufacturer
of a hydronic heater proposed for the project, submit a compliance certification for a particular model in order for
that hydronic heater to be installed and operated in MA. See this link for certified hydronic heaters:
www.mass.gov/service-details/massachusetts-certified-outdoor-hydronic-heaters.
High Efficiency Advanced Gasification Biomass - thermal boilers or furnaces intended for indoor use only,
utilizing wood pellets, wood chips, cordwood , shall meet all current federal, state and/or local construction laws
and regulations, including the Standards of Performance for New Residential Hydronic Heaters if
applicable, cited as 40 CFR Part 60 Subpart QQQQ and DOER Biomass Boiler Criteria established under the
Commercial/Industrial Biomass Pilot Program, emission and efficiency standards, and regulations and certified
for MA installation.
Advanced Biomass (gasification) Outdoor Wood Boilers (OWB) -Requirements that must be met include a
demonstration that the OWB system shall:
a. meet all local Board of Health requirements
b. be installed and certified under Mass Department of Environmental Protection regulations for outdoor
wood-fired hydronic heaters cited as 310 CMR 7.26(54)-(54) or if meeting permitting heat input thresholds
prior to construction, comply with 310 CMR 7.02 Plan Approval and Emission Limitations requirements.
c. comply with all certified equipment requirements; MassDEP certified OWB equipment is listed at:
www.mass.gov/service-details/massachusetts-certified-outdoor-hydronic-heaters.
d. Existing OWB must be recycled or destroyed – not reused
Proposals which are favorably reviewed and awarded a contract must apply for and receive all required permits,
licenses, and any other federal, state, or local approvals necessary for the project prior to any reimbursement
from the Department.
New High Efficiency, Single or Multi Temperature, Walk-In Coolers include new, replacement or consolidation of
on-site refrigeration needs; walk-in refrigeration systems can be field fabricated or modular; all walk-ins must
incorporate high efficiency envelopes and refrigeration systems in comparison to what is conventionally
available; higher priority with be given to those proposals complying with as many of the provisions as feasible
of the U.S. Department of Energy (DOE) Standard 10 CFR Part 431, e-CFR Data current as of December 30,
2015, including but not necessarily limited to: Annual Walk-in Energy Factors (AWEFs); infiltration reduction on
doors; higher panel insulation values; floating head pressure controls; compressors capable of operating at low
condensing temperatures; variable speed compressor, evaporator and condensing fan motors; electronically
commutated motors (ECMs); and advanced defrost controls. Incorporating heat recovery will be a plus.
13
7C. Reporting
There are no written reporting requirements; however, MDAR will periodically check on the progress of awarded
projects to ensure they will meet completion deadlines.
7D. Invoicing
Disbursement of funds under this RFR will be done on a reimbursement basis and will require that acceptable
documentation be submitted to MDAR prior to any payment. Only expenses incurred during the period of
the contract are eligible for reimbursement. Any incurred project costs that occur prior to an executed
contract are NOT eligible for reimbursement from MDAR.
Satisfactory documentation in the form of cancelled checks, receipts, invoices, etc. for costs associated with
approved projects must be submitted to MDAR and approved prior to reimbursement.
8. INSTRUCTIONS FOR APPLICATION SUBMISSIONS
8A. Application Submission Instructions
Applications that are either sent by fax or electronically will NOT be accepted for consideration. Please do not staple
or put the application in a binder.
• Applications must be postmarked by Friday, May 31
st
, 2019.
• All materials must be sent to the attention of:
Laura J. Maul
Program Coordinator
251 Causeway Street, Suite 500
Boston, MA 02114
Special Note:
All State agencies are subject to 815 CMR 2.00, State Grants, Federal Grants Awards, Federal Sub-grants and
Subsidies as well as the Office of the Comptroller’s policy on State Grants, Federal Sub-Grants, and Subsidies.
Departments must use COMMBUYS to publicly post the availability of a discretionary Grant or Grant Program and
publish the results of the grantee selections. Use of COMMBUYS to receive electronic quotes for grant opportunities
is optional; however, state agencies are encouraged to require grantees to register and submit quotes (applications)
through COMMBUYS, which provides a central repository for receipt of electronic applications. As more grantees use
COMMBUYS to identify grant opportunities, they will have a single location to apply for grants from multiple state
agencies, resulting in efficiencies for both the grantees and the state agencies.
For more information regarding the benefits of registering in COMMBUYS, you may go
to COMMBUYS support pages.
8B. Additional Required Documentation
If selected, the Respondent will be required to submit the following forms to complete the contract:
Commonwealth Standard Contract Form, filled out and signed by the Respondent
Scope and Budget Form
Commonwealth Terms and Conditions filled out by and signed by the Respondent (if not already on file)
Commonwealth W-9 tax information form filled out and signed by the Respondent (if not already on file)
Completed Contractor Authorized Signature Verification Form
Completed Electronic Funds Transfer Form
These forms do not need to be completed as part of the response. Assistance to complete these forms will be
provided to Respondents selected to participate in the Program. These forms are available for review at
www.mass.gov/osd or by request.
14
8C. Evaluation Criteria
Project application is in compliance with the submission requirements and format presentation for this RFR.
Adequate supporting project documentation where applicable in the form of a general energy audit, project
specific assessments, energy saving calculations, contractor quotes and plans, maps, equipment and material
specifications.
Adequate project economics as defined.
Adequate identification of permit needs.
Adequate project implementation schedule. Projects that show a clearly thought out timeframe for
implementation and the ability to complete the project by or before June 30, 2020.
Adequate identification of any on-going operation & maintenance and/or periodic replacement needs and how
they will be accomplished to ensure project longevity.
Project has a realistic opportunity to be a successful long term implementation given the expected life of the
project and the resulting cost savings, cost avoidance, and other revenue streams contributing to the project
cash flow.
Project has a realistic opportunity to be a successful implementation given the scope, budget, necessary permits
and timeline.
Team make-up and past experience and demonstrated capacity and ability to administer projects of the scope
and value described by the responsive proposal to this RFR.
Project provides product and labor warranties and guarantees.
Applicant demonstrates and documents the balance of funding resources needed to implement the proposed
project.
Project demonstrates a match in funding.
Applicant demonstrates having the balance of funding needed to implement the proposed project. This can be by
bank credit reference letters, line of credit reference letter, demonstration of other grant funds for the project, or
an executed loan.
Priority for all heating and cooling projects shall be given to clean heating and cooling technologies as part of the
Massachusetts Department of Energy Resources (DOER) and the Massachusetts Clean Energy Center
(MassCEC) program and subsequent requirements found at www.masscec.com/business/clean-heating-and-
cooling.
Preference shall be given to applicants with projects that have completed design engineering, received quotes
for materials and labor from qualified professionals engaged in the field of work specified, and intends to begin
and complete the construction/implementation stage.
Proposal demonstrates the potential to increase ecologic sustainability, cultivate climate resiliency and/or
improve economic resiliency within the agricultural operation.
Priority will be given to applicants who are established in commercial agriculture and whose primary source of
income is derived from the agricultural operation.
Capacity to reduce emissions, avoid or displace emissions, and/or remove emissions, which should be estimated
and/or described in detail (mitigation benefits).
Project increases farm resiliency to changing climate impacts. Proposal addresses risks due to climate change
(increased flooding, more frequent droughts, more severe storms, and overall increased precipitation) and
proposes methods of reducing the negative impacts on the farm operation and local environment (adaptation
benefits).
The project is cost effective relative to greenhouse gas mitigation and/or adaptation benefits.
15
9. DEADLINES & PROCUREMENT CALENDAR
Release of RFR
April 3, 2019
Application Due Date
Applications must be postmarked by Friday, May 31
st
, 2019.
Estimated Award Date
October, 2019
Estimated Contract Start Date
October, 2019. Notwithstanding any verbal representations by the parties, or
an earlier start date listed in the Standard Contract Form, and only after an
award is issued and a final scope of services has been negotiated, the
effective start date of a contract shall be the latest of the following dates: the
date the Standard Contract Form has been executed by an authorized
signatory of the contractor and the procuring department; the date of
secretariat or other approval(s) required by law or regulation; or a later date
specified in the Standard Contract Form.
10. MISCELLANEOUS
Type of Procurement
Grant
Use of This Procurement by
Single or Multiple Departments
This RFR is a single department procurement. All contracts awarded under
this RFR will be utilized only by MDAR.
Request for Single or Multiple
Contractors
Multiple Contractors
RFR Distribution Method
This RFR has been distributed by MDAR’s Farm and Market Newsletter,
posted to the program’s website at www.mass.gov/agr, and by a distribution
list of requested applicants.
This RFR has been distributed electronically via CommBuys. It is the
responsibility of every Applicant to check CommBuys for any addenda or
modifications to an RFR to which they intend to respond. The
Commonwealth of Massachusetts and its subdivisions accept no liability and
will provide no accommodations to Applicants who fail to check for amended
RFRs and submit inadequate or incorrect responses. Potential
Respondents are advised to check the “last change” field on the summary
page of RFRs for which they intend to submit a response to ensure they
have the most recent RFR files.
Respondents may not alter RFR language or any RFR component files.
Those submitting a proposal must respond in accordance to the RFR
directions and complete only those sections that prompt a Respondent for a
response. Modifications to the body of this RFR, specifications, terms and
conditions, or which change the intent of this RFR are prohibited. Any
unauthorized alterations will disqualify response.
List of Attachments
A. Application Form
B. RFR Required Specifications
16
AGRICULTURAL CLIMATE RESILIENCY & EFFICIENCIES (ACRE)
PROGRAM - GRANT RESPONSE FORM (FY 2020)
1. Agricultural Operation Information
Applicant Name:
Operation Name:
Legal Structure:
Sole Proprietor Corporation Partnership LLC Other ____________
Mailing Address:
City, State, Zip:
Home Phone:
Mobile Phone:
E-Mail:
Site address same as above
Site Address
Site City, State, Zip
County
Is the property rented or leased?
Who is the owner of the property?
What year does the lease end?
Do you have the lease in writing?
I am a farmer as identified in Massachusetts General Laws Chapter 128. Sec. 1A: Yes No
How many years have you been farming on this property?
Do you anticipate any major modifications on your farm within the next five years? Yes No
If yes, please check the
appropriate box(es)
Business Structure
Retirement
Operation Type
Sale
Expansion Diversification
Subdivide
Farm Purpose
Primary Enterprise Secondary Enterprise
Estimated Sales
$0 - $24,999 $25,000 - $249,999 $250,000 - $499,999 $500,000 +
17
2. Agricultural Operation Details
Type of
Operation:
Produce Beef Dairy Greenhouse Nursery Cranberry Horse
Vineyard Sheep/Goats Livestock Other Other __________________
Acreage:
Owned
Leased
In Production
Please list major commodities your operation grows:
If your operation has livestock, please specify the type(s) and numbers:
3. Involvement with Other Programs
My operation has an agricultural preservation restriction (APR):
Yes No
This project will be implemented on APR Restricted Land:
Yes No
This project will require a Certificate of Approval (COA) from the APR Program:
Yes No
Year the APR was recorded:
Name on the APR Restriction:
My operation has a written and updated conservation plan (within the last five years)
from MACD/NRCS for the land where this project is proposed?
Yes No N/A
Year Conservation Plan was Created:
My operation has applied for financial assistance through a NRCS funding program for
this project?
Yes No
If Yes, program and date:
MACD/NRCS Contact Person:
My operation has been accepted into or completed other MDAR funding programs:
Yes No
ENER AEEP AFSIP AIP FVEP MEGA SARA Other ________________________
My operation is a current participant in the Commonwealth Quality Program (CQP)?
Yes No
4. Project
Project Title: Concisely describe the
project in 15 words or less.
Specify which category is being
applied for (limit 1):
Section I: Adaptation & Mitigation
Section II: Energy
Complete Pages 18 to 28.
Complete Pages 29 to 37.
18
PART I – ADAPTATION & MITIGATION
Application
19
1. Project Details
1A. Overview of Business:
Please provide a brief description of your agricultural operation including crops grown, livestock
raised, years in business and how you market your products.
20
1B. Project Description:
Assess your site specific vulnerabilities that may be effected by a changing climate . This includes
soils, topography, current infrastructure & equipment, current access to technology or markets, etc.
that reduce the ability of your farm to cope with projected climate change.
1C. Project Description Continued:
Please describe your proposed project and how it will help your operation adapt to the vulnerabilities
listed above.
21
1D. No-Till or Reduced Tillage Projects – please answer the following:
1. Please list the type of equipment you are looking to purchase (include quotes with your submission):
2. Please describe your involvement with NRCS for no-till or reduced tillage, if any:
3. Please indicate the plan for crop rotation, including the planned crops, in your no-till /reduced tillage
system:
4. Please outline your plan for weed control in your no-till / reduced tillage system:
5. Please answer the following questions regarding acreage:
How many acres are you currently practicing no-till on?
How many acres are you practicing conventional tillage on?
How many acres do you plan to transition from conventional tillage to no tillage in the
next season?
What is the maximum amount of acreage you could have in no-till?
6. Will you be getting a soil analysis? If so, how often?
22
1E. Mitigation Benefits:
Please describe the potential of the project to reduce or limit greenhouse gas emissions, or to
enhance greenhouse gas sequestration. Projects that demonstrate adaptation and mitigation benefits
will rank higher in the review process.
23
1F. Post-Harvest Practice Upgrades – please answer the following:
Estimated produce sales:
$0 - $24,999 $25,000 - $249,999 $250,000 - $499,999 $500,000 +
Do your average total food sales for the past three years, including animal feed,
total over $500,000 a year?
Yes No
Do you buy produce from another farm?
Yes No
How is your produce marketed?
Wholesale Direct Market Both
Is your produce grown for personal/on farm consumption?
Yes No
Are more than 50% of sales either (1) Direct to Consumer or
(2) Retail or Restaurant?
Yes No
If yes, are most of the sales within Massachusetts?
Yes No
Please check all commodities your operation grows:
Apples
Apricots
Apriums
Artichoke
Basil
Blackberries
Blueberries
Bok Choy
Boysenberries
Fava Beans
Broccoli
Brussel Sprouts
Burdock
Chinese Cabbage
Cabbages
Cantaloupes
Carrots
Cauliflower
Celeriac
Celery
Sweet cherries
Chestnuts
Chicory
Chives
Cilantro
Cucumber
Berry Currant
Endive
Dandelion
Spring salad mix
Garlic
Gooseberries
Grapes
Green beans
Honeydew
Huckleberries
Kale
Leek
Lettuce
Marjoram
Melon
Mulberries
Microgreens
Mung beans
Sprouts
Mushroom
Mustard greens
Nectarine
Onions
Oregano
Parsley
Parsnips
Peas/sno peas
Peaches
Pears
Sweet peppers
Hot peppers
Plums
Quince
Radicchio
Radish
Raspberries
Rhubarb
Rosemary
Rutabaga
Turnips
Sage
Scallions
Shallot
Spinach
Sprouts
Strawberries
Summer squash
Swiss chard
Thyme
Tomatoes
Turnip greens
Walnuts
Watercress
Watermelon
Please list any other fruits and vegetables you
grow that are not listed above:
Please list any livestock types and numbers on
the operation:
Are you in production year round?
Yes No
Do you have a greenhouse?
Yes No
Season start date:
Season end date:
24
1F. Continued: (Post-Harvest Practice Upgrades Only)
Please describe how you currently wash, pack, and store your produce. Please indicate how your
current practices result in inefficiencies and food losses within your operation.
1F. Continued: (Post-Harvest Practice Upgrades Only)
Please describe your proposed project for infrastructure improvements to the washing, packing, and
storage of your produce. How will these changes improve food safety and reduce post-harvest food
losses within your operation? If you have a design for your project please indicate as such and include
a copy of your design with your submission.
25
2. Project Need:
Please summarize the need for the project, describe the goals and outcomes, and present a plan for
evaluating and measuring the success of the project.
3. Timeline:
Provide a project schedule. Assuming successful funding, when do you expect to complete this
project?
Provide a schedule of implementation including design, permits, site mobilization, purchases,
delivery, installation, start up, training, etc.
26
4. Team Members:
List team members and their capacity to achieve the goals of the proposed project.
5. Warranties, Ongoing Operations & Maintenance:
Provide a list of all project warranties and guarantees. Provide operation and maintenance necessary to
maintain equipment.
27
6. Adaptation & Mitigation Budget:
ACRE may reimburse applicants for the costs of a project up to a maximum of 80% of total project costs up to
$25,000. A 20% minimum contribution towards the project must come from the applicant. MDAR has the option to
negotiate the budget before entering into a contract with the applicant. Preliminary budgets are acceptable for the
evaluation process but upon request applicants must receive quotes from vendors or contractors before a
contract will be given. MDAR will decide if an applicant has adequately addressed this requirement. Applicants
who provide quotes from a vendor or contractor with their application will receive a higher evaluation.
Project
Description
Qty.
Estimated
Hours
Hourly Rate
Total
Total Project Costs:
$ __________
Eligible Project Costs (80% of Total Project Costs up to $25,000)
$ __________
Contribution from NRCS Funded Projects
$ __________
Eligible Project Costs minus Contribution from NRCS Funded Projects
$ __________
Applicant’s Contribution Towards Project (minimum of 20%)
$ __________
Total Dollars Requested Through ACRE (80% of Total Project up to $25,000)
$ __________
28
7. Amount Requested:
Please state your requested ACRE funding request. MDAR has the option to negotiate the requested
amount before entering into a contract with the applicant.
Total Cost Requested For Funding Through ACRE Grant:
$
8. Attestation:
By signing this application, you attest all statements herein are accurate and true. By signing this
application, you give permission to have a site visit by MDAR staff which may be necessary before a
funding decision is made. All site visits will be arranged with you in advance.
Signature
Date
Print Name
29
PART II – AGRICULTURAL ENERGY
PROGRAM
Application
30
1. Project Details
1A. Provide a clear description of the agricultural operation including crops grown and/or livestock raised and how
your products are marketed.
31
1B. Provide a clear description of the proposed energy project and how the project will beneficially impact the
agricultural activities of the operation and help mitigate and/or adapt to climate change.
32
1C. Please list what energy efficiency measures, if any, you have implemented to reduce energy use on your
farm.
2. Energy Efficiency Audit
Date general efficiency audit was conducted
for this site:
Name of auditor:
Please include a copy of the audit report with this
application.
If you have not conducted a general
efficiency audit, please state plans to do so:
Scheduled Will Schedule
33
Energy Efficiency Project Details
3. Agricultural Energy Grant – Energy Efficiency
Is there a separate specific energy efficiency project assessment conducted only for the
proposed project? If yes, please attach to the application?
Yes No
What is your current annual agricultural energy use associated with the proposed
project? (kWh, therms, gals fuel, cords, etc.)
What amount of existing energy will be saved by the proposed energy efficiency
project? (kWh, therms, gals fuel, cords, etc.,)
What percentage of energy currently used by the existing component will be saved by
implementing the proposed energy efficiency project?
What are the projected Greenhouse Gas (GHGs) Emission reductions associated with
implementing this project? Please show or refer to calculations.
3A. Project Economics
A
Total Project Costs
$
B
Expected Annual Cost Saving
$
C
Non-AgEnergy Grant Funds
1
Electric/Gas Utility Energy Efficiency
Incentive
$
2
USDA REAP or EQIP
$
3
Other (Please List): ______________________
$
C. Total (1+2+3)
$
D
MDAR Ag Energy Request ($25,000 or less)
$
E
Applicant Contribution to Project
$
[Total Project Costs (A) – (Rebates, Grants, Incentives (C+D)] / (Annual Cost Savings
(B)) = Simple Payback Years
__________
%
34
Renewable Energy Project Details
4. Agricultural Energy Grant – Renewable Energy
Was a specific energy assessment conducted for the proposed project? If yes, please
attach to the application.
Yes No
What is the proposed annual renewable energy generation (kWh, gals of hot water, etc.)
for the proposed project?
What is the current annual energy consumption relevant to the proposed project for the
operation (kWh, therms, gals, cords, etc.)?
What percentage of energy currently used by the operation will be saved by
implementing the proposed renewable energy project?
What are the projected Greenhouse Gas Emissions (GHGs) reductions associated with
implementing this project? Please show or refer to calculations.
4A. Project Economics
A
Total Project Costs
$
B
Expected Annual Cost Saving
$
C
Annual Average Renewable/Alternative
Energy Credits (RECs, AECs, SMART, non-
Solar PV Net Metering Credits)
$
D
Non-AgEnergy Grant Funds
1
MA Clean Energy Center (MassCEC)
$
2
USDA REAP or EQIP
$
3
Federal Investment Tax Credit (ITC)
$
4
Other (Please List): ______________________
$
D. Total (1+2+3+4)
$
E
MDAR Ag Energy Request ($25,000 or less)
$
F
Applicant Contribution to Project
$
[Total Project Costs (A) – (Rebates, Grants, Incentives (D+E)] / (Annual Cost
Savings/Revenue Streams (B+C)) = Simple Payback Years
_________
%
35
5. Permits:
Provide a list of all necessary permits and when they will be secured for this project.
6. Schedule:
Provide a schedule of implementation including design, permits, site mobilization, purchases, delivery,
installation, start up, customer training, etc.
36
7. Warranties:
Provide a list of all project warranties and guarantees.
8. Operation & Maintenance:
Provide operation and maintenance necessary to maintain equipment.
37
9. Team Members:
List team members and their capacity to achieve the goals of the proposed project.
10. Amount Requested:
Please state your requested Agricultural Energy funding request. MDAR has the option to negotiate the
requested amount before entering into a contract with the applicant
Total Cost Requested For Funding Through Ag-Energy Grant
$
11. Attestation:
By signing this application you attest all statements herein are accurate and true. By signing this
application you give permission to have a site visit by MDAR staff which may be necessary before a
funding decision is made. All site visits will be arranged with you in advance.
Signature
Date
Print Name
38
Attachment B
RFR - REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES
Revision Date: June 6, 2016
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 may also 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.
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 all 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.
COMMBUYS Registration. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-
added features, including automated email notification associated with postings and modifications to COMMBUYS
records. However, in order 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; (4) Bidder understands and acknowledges that all references to the Comm-
PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements
pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center
system, 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).
The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business
with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the
COMMBUYS Resource Center.
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.
39
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.
Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s
policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business
Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs),
Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-
Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).
Partnerships with certified diverse businesses: All bidders are required to make a significant financial commitment
to partner with certified M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the
Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made
under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP
Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.
This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract
unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order
to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more
of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP
Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than
$150,000).
Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s
reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks.
The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts
reported to have been paid to them by the Contractor.
SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the
deadlines noted below in order to meet the mandatory participation requirements of the SDP:
SDP Plan Form #/Name
Submitted By
When Submitted
SDP Plan Form #1 – SDP Plan
Commitment
All Bidders
With Bid Response
SDP Plan Form #2 – Declaration of
SDP Partners
Newly Awarded Contractors
Within 30 days of contract execution
SDP Plan Form #3 – SDP Spending
Report
Contractors
Within 45 days of the end of each quarter
In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity
Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to
expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or
request reports on the Contractors’ spending with such certified business categories.
Supplier Diversity Program (SDP) Resources: Bidders may refer to the SDP Resources for Vendors and
Contractors webpage for additional program information, training and compliance resources.
Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the
Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced
using locally grown products. Such locally grown or produced products shall be purchased unless the price of the
goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes
of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or
horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses,
raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.
Best Value Selection and Negotiation. The Strategic Sourcing Team or SST may select the response(s) which
demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the
40
department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract
performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in
lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original
response.
Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring
department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual
Commonwealth employee or representative is authorized to provide any information or respond to any question or
inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete
or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.
Contract Expansion. If additional funds become available during the contract duration period, the department reserves
the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute
contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract
performance and service or commodity need.
Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a
contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be
responsible for any costs or expenses incurred by bidders responding to this RFR.
Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective
bidder and awarded contractor to keep current on COMMBUYS 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 SST,
including requests for clarification. The SST 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 SST to be lost or rejected by any
means including email or spam filtering.
Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth
Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it
would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe
and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to
track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application
can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the
VendorWeb site (www.mass.gov/osc). Click on MASSfinance.
Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by
completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval
and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its
response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all
information contained on this form, shall not be considered a public record and shall not be subject to public disclosure
through a public records request.
The requirement to use EFT may be waived by the SST on a case-by-case basis if participation in the program would
be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome,
the specific reason must be documented in its response. The SST will consider such requests on a case-by-case basis
and communicate the findings with the bidder.
Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food
purchased and served by state agencies must be in compliance with Executive Order 509, issued in January
2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the
purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health
(DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of
Executive Order 509.
HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of
a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR
and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the
41
department will require in order for the department to comply with HIPAA and the privacy and security regulations
promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the
department determines that the successful bidder is a business associate performing functions or activities involving
protected health information, as such terms are used in the Privacy and Security Rules, then the department will include
in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the
privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but
not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably
and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever
form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly
limit use and disclosure of the protected health information for only those purposes approved by the department. Further,
the department reserves the right to add any requirement during the course of the contract that it determines it must
include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other
sections of the RFR for any further HIPAA details, if applicable.
Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at
least 90 days from the date of quote submission.
Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through
participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments,
unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and
the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for
commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits
with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional
mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services
through the applied discount. Payments that are processed electronically can be tracked and verified through the
Comptroller’s Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.
Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless
otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the
Commonwealth
The requirement to use PPD offerings may be waived by the SST on a case-by-case basis if participation in the program
would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly
burdensome, the specific reason must be documented in or attached to the PPD form.
Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts
Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are
inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission
process in COMMBUYS, shall be disregarded.
Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may
include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact
person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation
must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact
person for the RFR. The SST reserves the right to reject unreasonable requests.
Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the
Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a
contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial
purposes is prohibited by law.
Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract.
Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and
social service subcontractors are also required to meet the same state and federal financial and program reporting
requirements and are held to the same reimbursable cost standards as contractors.
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AGR ACRE FY20 Form (Commonwealth of Massachusetts)

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Completed 20 July 2020

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