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AGR-AEEP-FY20 Form

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1
Agricultural Environmental
Enhancement Program
Fiscal Year 2020
(July 1, 2019 to June 30, 2020)
Request for Response (RFR): RFR File: AGR-AEEP-FY20
For the implementation of agricultural conservation
practices that reduce or prevent negative impacts to the Commonwealth’s
natural resources that may result from agricultural practices while
maintaining sustainability and productivity of the agricultural operation
Responses must be postmarked by
Friday, May 31
st
, 2019
Contact: Laura J. Maul
Telephone: (617) 626-1739
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
Description of Agricultural Environmental Enhancement Program Request for Response
page
1. Grant Opportunity Summary
3
2. Introduction
4
3. Eligible Projects
4
4. Applicants
a. Eligible Applicants
5
b. Size of Operation
5
c. Leased Property
5
d. Permits
5
e. Conservation Plans
5
f. Locator Maps
6
g. Previously Funded Applicants
6
h. Applicants with an Agricultural Preservation Restriction (APR)
6
5. Proposals
a. Eligible Proposals
6
b. Ineligible Proposals
6
6. Funding Availability, Budgeting Guidelines, and Allowable Expenditures
a. Maximum Funding
7
b. Appropriation
7
c. Match
7
7. Project Terms
a. Terms
7
b. Agricultural Preservation Restriction (APR) Terms
7
c. Review Process
7-8
d. Duration of Contract
8
8. Deliverables, Ownership, and Credit Due
a. Installation Standards & Permits
8
b. Reporting
8
c. Invoicing
8
9. Instruction for Application Submissions
a. Application Submission Instructions
9
b. Additional Required Documentation
9
c. Evaluation Criteria
10
10. Deadlines and Procurement Calendar
11
11. Miscellaneous
11
Attachment A: AEEP Response Form (Fiscal Year 2020)
1-7. Application Details
12-21
Attachment B: RFR Required Specifications
Attachment B
22-25
Contents of Request for Response (RFR)
3
1. GRANT OPPORTUNITY SUMMARY
Executive Office of Energy & Environmental Affairs
Matthew A. Beaton, Secretary
Grant Announcement
RFR ID: RFR-AEEP-FY20
Dated: 04-03-2019
Agricultural Environmental Enhancement Program (AEEP)
Proposals Sought For:
Funding to implement conservation practices through the Agricultural Environmental
Enhancement Program (AEEP). The purpose of AEEP is to support the
implementation of conservation practices that reduce or prevent negative impacts to
the Commonwealth’s natural resources that may result from agricultural practices
while maintaining sustainability and productivity of the agricultural operation.
Overview & Goals
By providing reimbursement directly to agricultural operations that implement eligible
projects that prevent, reduce or eliminate environmental impacts, the program
achieves its purpose and goals of minimizing environmental effects from these
operations while maintaining sustainability and productivity of the operation.
Eligible Projects
Conservation practices that help prevent impacts on water quality, ensures efficient
use of water, addresses agricultural impacts on air quality, or demonstrates other
conservation benefits including soil health, wildlife management or other
environmental goals (See further detail on eligible projects in section 2).
Eligible Applicants
Agricultural operations engaged in production agriculture for commercial purposes
as defined by Massachusetts law (See further detail on eligible applicants in section
3). A Responder must own, or be a Co-Responder with the owner, 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.
Application Deadline
Postmarked by Friday May 31
st
, 2019. (See further detail on deadlines and grant
program calendar in section 9).
Funding Availability
Maximum funding per applicant is 85% of total project costs up to $25,000 (See
further detail on funding availability in section 5).
Match Requirement
Minimum of 15% of total project costs including materials and labor (See further
detail on match requirement on match requirement in section 5C).
Duration of Contract
Contract end date is June 30, 2020 with no extensions.
Contact Information
Laura Maul – (617) 626-1739, Laura.Maul@state.ma.us
4
2. INTRODUCTION
The Agricultural Environmental Enhancement Program (AEEP) was implemented in 1999 to address potential
impacts to the Commonwealth’s natural resources that may result from agricultural practices. The Agricultural Climate
Resiliency & Efficiencies (ACRE) Program was released for the first time in 2017 with the goals of helping the
agricultural sector adapt to a changing climate, mitigating climate change in agriculture, and improving economic
resiliency of the agricultural operations. Both programs have environmental goals and, as such, some practices may
fit into either program. Applicants can choose one program to apply to or apply to both programs for the same
project, but if selected, will only be funded under one program.
3. ELIGIBLE PROJECTS
Project examples are listed below. These are not the only projects that are eligible under the program. Projects that
still meet AEEP goals but are not listed below will be considered in the review process.
Sector
Example Projects
Cranberry
Water management structures
Tailwater Recovery Systems
Irrigation upgrades
Automated Irrigation Systems
Dairy/Livestock
Odor control
Manure storage
Heavy use areas
Small scale composting for manure management (including equine)
Stream crossings
Fencing to keep livestock out of water resource or for rotational grazing
Water facility
Runoff management
Greenhouse &
Nurseries
Rainwater harvest systems
Subirrigation systems (ebb & flow, trough benches, drip irrigation)
Produce
Small scale irrigation systems
Crop production technologies
Other areas
Silvopasture development
Fertilizer/Pesticide storage
Chemical mixing & handling areas
Projects to enhance native pollinators
Maximum Funding Per Applicant
$25,000
5
4. APPLICANTS
4A. Eligible Applicants
Agricultural Operations as defined by M.G.L. c. 128, Sec.1a that are 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,
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 5B.
4B. 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.
4C. 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. The proposed project must also be allowed under the terms of the lease agreement. The Department may
request a copy of the lease agreement as part of its review.
4D. 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
the Department.
4E. Conservation Plan
Applicants providing proof of a MA Association of Conservation Districts (MACD) /Natural Resources Conservation
Service (NRCS) Conservation Plan that has been completed or updated within the last five years is optional,
however, will receive additional points during the review.
6
4F. 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.
4G. Previously Funded Applicants
Proposals from individuals/operations that have been previously funded by the Department under AEEP will be
considered a lower priority for funding, but are still eligible to apply.
4H. 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.
5. PROPOSALS
5A. Eligible Proposals
Proposals must meet the minimum requirements listed below in order to be considered for funding.
Environmental projects that support agricultural operations and activities defined by M.G.L. c. 128, Sec. 1A.,
unless otherwise deemed ineligible under Section 4A.
5B. 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.
7
6. FUNDING AVAILIABILITY, BUDGETING GUIDELINES, &
ALLOWABLE EXPENDITURES
6A. Maximum Funding
Each applicant must submit a proposal and budget requesting not more than $25,000 in AEEP grant funding. If grant
funding is available, the Department may increase the maximum threshold at its discretion.
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.
MDAR reserves the right to offer an award amount different than the amount requested.
6B. 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.
6C. Match
Applicants are requirement to contribute a minimum of 15% of the total costs of the project.
7. PROJECT TERMS
7A. 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.
7B. 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 the Department prior to contract signature.
7C. 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.
8
Step I: An initial review to evaluate eligibility and completeness to determine if all required grant score based on the
criteria listed in Evaluation Criteria, Section 9C.
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.
7D. Duration of Contracts
All projects must be completed by June 30, 2020 with no options for extensions.
8. DELIVERABLES, OWNERSHIP, AND CREDIT DUE
8A. 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 the Department’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 the Department shall be eligible for reimbursement.
AEEP funded projects must use USDA-NRCS Standards & Specifications as installation standards when
receiving funding under both NRCS and AEEP, or when required by the Department.
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.
8B. Reporting
There are no written reporting requirements; however, the Department will periodically check on the progress of
awarded projects to ensure they will meet completion deadlines.
8C. Invoicing
Disbursement of funds under this RFR will be done on a reimbursement basis and will require that acceptable
documentation be submitted to the Department 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 the Department.
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.
9
9. INSTRUCTIONS FOR APPLICATION SUBMISSIONS
9A. Application Submission Instructions
A proposal form is attached and must be completed and mailed/delivered to Agricultural Resources by the response
date deadline. 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
Department of Agricultural Resources, Suite 500
251 Causeway Street, 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.
9B. 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.
10
9C. Evaluation Criteria
Proposal follows the submission requirements and format presentation for this RFR.
Agricultural operation is located within drinking water protection zones or overlies an aquifer.
Proposed project will help mitigate or prevent negative impacts to natural resources that may result from
agricultural practices.
Where applicable, applicant demonstrates that have a written and updated Conservation Plan with NRCS (last
five years).
Applicant adequately identifies a resource concern and/or environmental goal and proposal demonstrates how
the project will address this concern and/or goal.
Proposal demonstrates how the proposed project will increase sustainability and productivity to the agricultural
operation.
Proposal adequately presents a design and installation plan for the project’s implementation.
Applicant adequately addresses how the project will be maintained for maximum longevity of the practice.
Applicants who have not been awarded AEEP funds in the past will receive additional points in the ranking.
Priority will be given to applicants who are established in commercial agriculture and whose primary source of
income is derived from the agricultural operation.
Applicants demonstrate no significant modifications to the agricultural operation that would affect the longevity of
the project.
Applicants that include supporting documentation in the form of maps and quotes from vendors or contractors
will receive additional points in the ranking.
Projects that show a clearly thought out timeframe for implementation and the ability to complete the project on
or before June 30, 2020.
Extent to which the responsive proposal justifies the proposed project in the context of environmental benefits.
All proposals being considered for award will need a site visit. Information gathered during the field visit can be
used as evaluation criteria. The Department reserves the right to fund only proposals that receive an initial
favorable review and a satisfactory field visit to verify proposal details.
11
10. DEADLINES & PROCUREMENT CALENDAR
Release of RFR
04-03-2019
Application Due Date
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.
11. 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 by MDAR.
Request for Single or Multiple
Contractors
Multiple.
RFR Distribution Method
This RFR has been distributed by the Department’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
12
AGRICULTURAL ENVIRONMENTAL ENHANCEMENT PROGRAM
(AEEP) - 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
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 +
13
2. Agricultural Operation Details
Type of
Operation:
Produce Beef Dairy Greenhouse Nursery Cranberry Horse
Vineyard Sheep/Goats Livestock Other Other ______________________
Please list all 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
ACRE AEEP AFSIP AIP FVEP MEGA SARA Other ________________________
My operation is a current participant in the Commonwealth Quality Program (CQP)?
Yes No
■
■
■
14
4. Project Details
Project Title: Concisely describe
the project in 15 words or less
Issue(s) of Concern:
Water Quality Water Conservation Air Quality Other
4A. Overview of Business:
Please provide a brief description of your agricultural operation including crops grown, livestock raised,
and how you market your products.
15
4B. Issue of Concern:
Please describe your environmental goals for your property. Please provide details of resource areas on
or near your operation that may be of concern including any surface water, wetlands, etc. that may be
impacted by farming activities. Describe any concerns that you have about your operations potential
impacts to these areas.
16
4C. Proposed Description:
Please provide details on your proposed project and how it will help improve the potential impacts on the
areas of concern identified in question 4B. If your project has additional environmental benefits, please
describe them. Water conservation proposals should list estimates of current water use and estimated
water savings over the current use that will result from the proposed project.
17
4D. Design and Installation:
Please describe the design and installation of your proposed project. If it is easier to attach a design to
this application, please specify that you have included it as an attachment.
18
4E. Sustainability & Productivity
Please describe how this project will improve sustainably and productivity within your
operation.
4F. Maintenance
Please describe how the project will be maintained for maximum longevity and functionally.
19
4G. Contingencies & Permits:
Please list any state, local, or federal permits or approvals that will be necessary for you to implement
this project and their status.
4H. Timeline:
Provide a project schedule. Assuming successful funding, when do you expect to complete this project?
20
5. Budget:
AEEP may reimburse applicants for the costs of a project up to $25,000, with a 15% minimum contribution
towards the project coming from the applicant. The Department 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. The
Department 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 (85% of Total Project Costs up to $25,000)
$ __________
Applicant’s contribution towards project (minimum of 15%)
$ __________
Contribution from NRCS Funded Projects
$ __________
Eligible Project Costs minus Contribution from NRCS Funded Projects
$ __________
Total Dollars Requested Through AEEP (85% of Total Project Costs or $25,000)
$ __________
21
6. Amount Requested:
Please state your requested AEEP 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 AEEP Grant:
$
7. 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
22
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.
23
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.
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
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best value overall, including proposed alternatives that will achieve the procurement goals of the 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 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
25
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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