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MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT)
Office of Real Estate and Asset Development (OREAD) 10 PARK PLAZA
BOSTON, MA 02116
REQUEST FOR RESPONSE (RFR)
DOCUMENT TITLE: Real Estate Services COMMBUYS Bid#: BD-17-1030-0P100-0P091-13855
Agency Document Number: 99927 Release Date: 03/10/17
Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at [email protected] or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.
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1 RFR INTRODUCTION AND GENERAL DESCRIPTION ...................................................... 1
1.1 Procurement Scope and Description ............................................................................. 1 1.2 Background ..................................................................................................................... 1 1.2.1 Current OREAD Contracts .............................................................................................. 1 1.2.2 Current Right of Way Contracts ...................................................................................... 1 1.3 Applicable Procurement Law .......................................................................................... 2 1.4 Number of awards ........................................................................................................... 2 1.5 Adding and Contractors After Initial Contract Award ................................................... 2 1.6 Eligible Entities ................................................................................................................ 2 1.7 Acquisition Method(s) ..................................................................................................... 2 1.8 Contract Duration ............................................................................................................ 2 1.9 Estimated Value of the Contract ..................................................................................... 2
2 ESTIMATED PROCUREMENT CALENDAR ....................................................................... 3
2.1 Amendment Deadline ...................................................................................................... 3
3 SPECIFICATIONS & SCOPE OF SERVICES ...................................................................... 3
3.1 Appraisal/Valuation Services - OREAD .......................................................................... 4 3.2 Appraisal/Valuation Services – Right of Way ................................................................ 4 3.2.1 Scope of Services for Right of Way Fee Real Estate Appraiser ...................................... 4 3.2.2 Scope of Services for Review Appraisers ....................................................................... 5 3.2.3 Review Appraiser has the responsibility to determine the following ................................ 5 3.2.4 Additionally Requirements .............................................................................................. 6 3.3 Brokerage ......................................................................................................................... 7 3.4 Expert Cost Estimators/Movers - OREAD ...................................................................... 7 3.5 Expert Cost Estimators/Movers – Right of Way ............................................................ 7 3.5.1 MassDOT-HD-ROW Expert Cost Estimators and Movers ............................................... 7 3.5.2 Scope of Services ........................................................................................................... 7 3.6 Land Use Planning Services ........................................................................................... 8 3.7 Property Management - OREAD ..................................................................................... 9 3.8 Property Management – Right of Way............................................................................ 9 3.9 Real Estate Disposition and Acquisition Services - OREAD ........................................ 9 3.10 Real Estate Disposition and Acquisition Services – Right of Way ............................ 9 3.10.1 Qualifications for on-call Right of Way Services ............................................................ 9 3.10.2 Scope of Services for Managing Right of Way Acquisitions .......................................... 9 3.10.3 Public Involvement.......................................................................................................10 3.10.4 Acquisition Services .....................................................................................................10 3.10.5 Title Examiner Services ...............................................................................................11 3.10.6 Appraisal / Review Appraisal Services .........................................................................11 3.10.7 Retention of Records ...................................................................................................11 3.10.7.1 .....................................................................................................................................11
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3.10.7.2 .....................................................................................................................................12 3.10.7.3 .....................................................................................................................................12 3.10.7.4 .....................................................................................................................................12 3.10.8 Other Services .............................................................................................................12 3.10.8.1 .....................................................................................................................................12 3.10.9 Revisions .....................................................................................................................12 3.11 Title Examination Companies - OREAD ......................................................................12 3.12 Title Examination Companies – Right of Way ............................................................12 3.12.1 Scope of Services ........................................................................................................12 3.12.2 Compensation Structure ..............................................................................................14 3.12.3 Additional Requirements ..............................................................................................15 3.13 Other ..............................................................................................................................15 3.14 Best and Final Offer ......................................................................................................15 3.15 Contract Management ..................................................................................................15 3.16 Performance of Work .................................................................................................16 3.17 Subcontracting ...........................................................................................................16 3.18 Confidentiality and Privacy ..........................................................................................16 3.19 Tax Compliance ............................................................................................................17 3.20 Conflict of Interest/Collusion Certification .............................................................17 3.21 Other Certifications ....................................................................................................17
4 AUDIT .................................................................................................................................17
5 EVALUATION CRITERIA ...................................................................................................17
6 HOW TO SUBMIT A BID RESPONSE ................................................................................17
7 INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF FORMS ................................17
7.1 To Be Submitted with Bid ..............................................................................................18 7.2 Bid Response Form ........................................................................................................18 7.2.1 RFR Submission Checklist / First Page of Vendor Response Form ...............................18 7.2.2 Page 2 - 3 of Bid Response Form ..................................................................................18 7.2.3 Scan(s) of Insurance ......................................................................................................18 7.2.4 Scanned Copies of 3 References and reference information and/or requirements .........18 7.2.5 Consultant Form ............................................................................................................18 7.2.6 Prompt Payment Discount Form ....................................................................................18 7.2.7 Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment ...................18 7.2.8 Executive Order 515, Establishing an Environmental Purchasing Policy / EPP Plan ......19 7.3 Bid Spreadsheet .............................................................................................................19 7.4 Forms to be submitted only Upon Award .....................................................................20 7.4.1 MassDOT Standard Contract Form ...............................................................................20 7.4.2 MassDOT Terms and Conditions ...................................................................................20 7.4.3 Request for Taxpayer Identification Number and Certification (W9 Form) ......................20 7.4.4 Service Provider Authorized Signatory Listing ...............................................................21
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7.4.5 Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners ...........21 7.4.6 Electronic Funds Transfer Form.....................................................................................21
8 APPENDIX 1 – REQUIRED TERMS ...................................................................................21
8.1.1 Alterations .....................................................................................................................21 8.1.2 Ownership of Submitted Quotes ....................................................................................21 8.1.3 Prohibitions ....................................................................................................................22 8.2 Terms and Requirements Pertaining to Awarded Contracts .......................................22 8.2.1 Commonwealth Tax Exemption .....................................................................................22 8.2.2 Service Provider’s Contact Information ..........................................................................22 8.2.3 Publicity .........................................................................................................................22
9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS ........................................................22
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1 RFR INTRODUCTION AND GENERAL DESCRIPTION
1.1 Procurement Scope and Description The Massachusetts Department of Transportation (MassDOT) Office of Real Estate and Asset Development (OREAD) and Right of Way Bureau and the Massachusetts Bay Transportation Authority (MBTA) are seeking vendors to provide the following real estate services:
Appraisal/Valuation Services
Brokerage Services
Expert Cost Estimators and Movers
Land Use Planning Services
Lease Administration
Property Management
Real Estate Disposition and Acquisition Services
Title Examination
Other This RFP does not commit MassDOT to select any respondent, or award any work order. MassDOT will not be responsible to pay for any costs incurred in preparing a response, or procure or contract for any services or supplies. MassDOT reserves the right, in its sole discretion, to accept or reject any or all submittals received, negotiate with any or all qualified respondents, and request modifications to proposals in accordance with such negotiations; request supplemental or clarifying information from respondents; or cancel, amend or modify the RFP in part or in its entirety. This RFP and any subsequent agreement do not require MassDOT to use the services of any vendor. MassDOT in its sole discretion, has the right to make none, some, or unlimited requests for the Services and does not guarantee in any way the amount of services that will be requested of the vendor.
1.2 Background OREAD is an internal unit MassDOT that addresses the portfolio management of all MassDOT property interests. OREAD is committed to maximizing the value of its real property portfolio through the disposition of surplus property and property rights which will not compromise the safety and operation of the transportation system. Value can be realized by generating revenue, reducing operating costs, and providing capital improvements to the transportation system. Value can also be realized by providing enhanced services to the traveling public. OREAD is staffed with a small group of professionals that manages real estate transactions professional consultants as needed. The MassDOT real estate portfolio includes thousands of distinct real estate assets including the transportation rights-of-way and associated property, bridges, tunnels, structures, office buildings, and industrial properties needed for the operation and maintenance of the transportation system, as well as facilities offering convenience and amenity to the traveling public such as commercialized services areas, non-commercialized rest areas, parking facilities, and vacant land and development parcels which are surplus to the transportation needs of MassDOT.
1.2.1 Current OREAD Contracts This contract will replace OREAD’s current contract 201107RES. 201107RES will be terminated upon the award of this contract.
1.2.2 Current Right of Way Contracts Do not bid on this RFR if you are currently a vendor on the Right of Way’s TITLE EXAMINERS - 201502ROWSTE contract. Prior to that contract expiring, bid on this contract.
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1.3 Applicable Procurement Law This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00
1.4 Number of awards It is anticipated that MassDOT will award multiple vendors.
1.5 Adding and Contractors After Initial Contract Award If, over the life of the Contract, MassDOT determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of MassDOT, vendors may be added to the contract at any time during the life of the contract who did not bid initially. If additional vendors are added, the contract end date shall remain the same for all vendors.
1.6 Eligible Entities Any contract resulting from this Bid will be open for use by MassDOT and MBTA.
1.7 Acquisition Method(s) Fee for Service.
1.8 Contract Duration
Contract Duration
Number of
Options
Number of
Years Instructions
Initial Duration
N/A
Up to 3 The contract will be executed for this initial duration and will begin on the contract start date.
Renewal Options
2 Up to 2 Two options to renew for two years each.
Total Maximum Contract Duration
N/A Up to 7 Initial number of years for the initial term plus all renewal periods
The length of the contract, specifically the contract start date, is dependent upon receiving properly executed award paperwork from the bidder. If award paperwork is received late, the full contract length may be less than indicated above. The contract end date shall remain the same for all vendors. No agreements for services may be executed after the Contract has expired.
1.9 Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $2,000,000 per year. MassDOT makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels. The estimated value for this Bid was based on spending on previous, similar contracts.
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2 ESTIMATED PROCUREMENT CALENDAR EVENT DATE
Bid Release Date 03/10/17
Deadline for Submission of Questions to [email protected]
03/24/17 3:00pm
Official Answers for Bid Q&A published (Estimated). Bid Amendment Deadline / Bid submission begins. Bid documents will not be amended after this date.
03/31/17 3:00pm
Deadline for emailing Bid Response Form and Bid Spreadsheet to [email protected]
04/14/17 3:00pm
Notification of Apparent Successful Bidder(s) (Estimated)
04/21/17
Estimated Contract Start Date 05/01/17
Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.
2.1 Amendment Deadline MassDOT reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. MassDOT and MassDOT accepts no responsibility and will provide no accommodation to Bidders who submit a Bid based on an out-of-date posted information or on information received from a source other than COMMBUYS.
3 SPECIFICATIONS & SCOPE OF SERVICES Additional specifications can be found in Bid Response Form. The Service Provider(s) will provide MassDOT with professional consulting services in the performance of various aspects of MassDOT's work involving the acquisition, management, and disposal of real property interests, involving complex real estate transactions, such as air rights developments, transit-oriented developments, acquisition and disposition of properties and rights, auctions, ground leases, commercial office and retail leases, and licenses and sales of surplus property, as well as strategic portfolio planning, land use planning, and property information management services. These services must be performed in compliance with all applicable state, local and federal laws and regulations, including but not limited to:
Massachusetts General Law 6C
United States 23 CFR Part 710
MassDOT Right of Way Manual
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The Service Provider(s) will be an independent contractor and not an employee of MassDOT. The Service Provider has no right or authority to commit or otherwise obligate MassDOT in any manner whatsoever, except to the extent specifically provided in this Contract. The Service Provider has no right or interest in MassDOT’s real estate, nor any claim or lien with respect thereto, arising out of this Contract or the performance of its obligations hereunder. In all respects, the Service Providers must act as MassDOT’s fiduciary with respect to the performance of its obligations under this Contract.
3.1 Appraisal/Valuation Services - OREAD
Perform appraisals and other evaluations concerning real property by appraisers professionally licensed by the Commonwealth of Massachusetts Board of Real Estate Appraisers. Firms and/or individuals are expected to perform said work in accordance with standard professional appraising practices and the Uniform Standards of Professional Appraisal Practices (USPAP) using a full range of valuation methods for both highest and best use as well as for specific uses. Deliverables range from limited "opinions of value" to comprehensive analysis of the current and future economic viability of the region and municipality as it relates to current and future land values.
3.2 Appraisal/Valuation Services – Right of Way Perform appraisals and appraisal consulting services concerning real property by appraisers professionally licensed by the Commonwealth of Massachusetts Board of Registration. Firms and/or individuals are expected to perform said work in accordance with standard professional appraising practices and the Uniform Standards of Professional Appraisal Practice (USPAP) using a full range of valuation methods for both highest and best use as well as for specific uses. Deliverables range from Appraisal Reports, and Appraisal Consulting Services, including comprehensive analysis of the current and future economic viability of the region and municipality as it relates to current and future land values.
3.2.1 Scope of Services for Right of Way Fee Real Estate Appraiser The appraiser’s scope of work will include determination of the fair market value of certain parcels of Real property for Right of Way Acquisition in connection with MassDOT–HD-ROW projects throughout the Commonwealth. The appraiser must provide services in accordance with MassDOT- HD- ROW’s Request for Proposal and MassDOT- HD-ROW’s Letter of Assignment. Submit one copy electronically to [email protected] on the date that the assignment is due. All fee takings require a submission of an economical rental in regard to any structure, business or residence, which could be effected by the fee taking. It is mandatory for the appraiser to contact the owner whose property is being appraised. Documentation will be required as evidence that good faith effort was made to personally contact the owner i.e. return receipt of the letter. All appraisals must be full narratives with a minimum of three comparable sales, except as otherwise specified by MassDOT-HD-ROW’s Letter of Agreement. The approved appraiser that has been awarded the assignment must be the person doing the majority of the work, and must sign all reports submitted to the Bureau. Other qualified appraisers may assist on the assignments. However, contract appraisers must personally perform market analysis including but not limited to meeting with the property owner; inspecting the property; searching the market to ensure that the information used is the most appropriate; doing the analysis, etc. All work will be completed in accordance with MassDOT-HD-ROW standards as well as the Uniform Standards of Professional Appraisal Practice and the requirements of the Federal Highway Administration. Appraisers must hold a current M.A. Certified General Appraiser License. Obtaining a contract with MassDOT-HD-ROW does not imply that the Fee Real Estate Appraiser will automatically receive any assignments. MassDOT-HD-ROW reserves the right to utilize Fee Real Estate Appraisers as warranted. Submission of assignments must comply with the submission date stated in the “Letter of Assignment”. Delays in submitting assignments automatically shall be justification to assess liquidated damages in the amount of 2.5% of the value of the assignment per day. This damage assessment will be strictly enforced.
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3.2.2 Scope of Services for Review Appraisers The Review Appraiser must provide services in accordance with the MassDOT-HD-ROW Request for Proposal and MassDOT- HD-ROW s Letter of Assignment. The Review Appraiser’s scope of work will include determining the fair market value of real property, or the damages to real property, taken for or affected by the construction of a highway improvement. This amount will govern negotiations and settlements of Land damage cases. The Review Appraisers should have appraisal experience and demonstrated their ability to analyze an appraisal problem, to determine property values and evaluate the effect of partial takings, easements and construction on such property values. All Review appraisers must hold a current M.A. Certified General Appraiser License, and in most instances have court experience. The Review Appraiser holds a position of grave responsibility and public trust. Therefore, he/she must be a person of judgment, tact, and integrity. Articles of the MassDOT-HD-ROW document entitled: “Terms, Conditions and Requirements for Expert Real Estate Appraisal Service Contracts 2015 Edition, which is a binding part of the contract. When the appraiser signs the standard contract, the appraiser “agrees personally to perform the services contracted for” The approved appraiser that has been awarded the assignment must be the person doing the work, and sign all reports submitted to the Bureau. Submission of assignments must comply with the submission date stated in the “Letter of Assignment”. Delays in submitting assignments automatically shall be justification to assess liquidated damages in the amount of 2.5% of the value of the assignment per day. This damage assessment will be strictly enforced.
3.2.3 Review Appraiser has the responsibility to determine the following
Whether or not the appraisals reflect the fair market value of the property and a reasonable estimate of just compensation.
If the appraisal reports are prepared in accordance with acceptable standards and guidelines.
That the appraisals have been made in accordance with accepted appraisal techniques and that each applicable approach has been utilized.
That the appraiser has correlated the appropriate approaches and arrived at a reasonable estimate of value.
That the appraiser has not included in his/her estimate of fair market value and of just compensation any allowance for items of personal property or other factors that is non-compensating under the law of the Commonwealth.
Whether or not the appraisal reports contain sufficient documentation to substantiate the opinions and conclusions in the report.
The Review Appraiser will completely analyze the appraisal report, and utilizing the Review Appraiser’s Check List, will ensure that the appraisal includes all the revised information and documentation necessary to comply with Federal & State law, The Uniform Standards of Professional Appraisal Practice, and the MassDOT- HD-ROW’s requirements.
The Review Appraiser will appear before the Real Estate Appraisal Review Board to explain the results of each review and answer any questions they may have concerning the appraisal in review where damage estimates are in excess of $300,000.00. The Review Appraiser may appear as the MassDOT-HD-ROW expert witness during Eminent Domain jury trials regarding property appraisals that he/she reviewed.
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The Review Appraiser cannot review work that they and/or their firm appraised. When the MassDOT-HD-ROW Review Appraiser reviews the appraisal, if he/she has any questions, we require that the Review Appraiser only communicate with the contract appraiser, and not others that assisted with the appraisal preparation. Obtaining a contract with MassDOT HD-ROW does not imply that the Review Appraiser will automatically receive assignments. MassDOT-HD-ROW reserves the right to utilize Review Appraisers as warranted.
3.2.4 Additionally Requirements
The Right of Way division reserves the right to request additional information after award but prior to utilizing contract. For real estate appraisers and review appraisers, who are not currently on the MassDOT HD-ROW ‘s Approved List of Fee Appraisers and are interested in being considered by the MassDOT-HD-ROW for inclusion on its Approved List the requirements are as follows: (1) Minimum of five (5) years’ experience, either self-employed or with a private real estate agency, bank, insurance company, public utility or any agency concerned with the appraisal or acquisition of real estate; (2) Be certified in accordance with title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) (12 U.S.C. 3331 et seq.); (3) Evidence of ability to qualify as an Expert Real Estate Appraiser in the Massachusetts Superior Court; (4) Presently devoting at least 50 % of your normal work time to the real estate appraisal field; (5) Satisfy the Department as to their character, integrity, and ability to serve the best interests of the Commonwealth; (6) Submit a completed MassDOT Experience Questionnaire for Fee Real Estate Appraisers; (7) Submit an up to date resume or qualification statement. Submission requirement for inclusion of the MassDOT-HD-ROW approved list of fee appraisers:
Cover letter stating interest in being on the MassDOT-HD-ROW’s Approved List for Fee Real Estate Appraisers and/or Review Appraisers or both.
Names and addresses of at least three (3) persons for reference, who have personal knowledge of the individual’s character and qualifications, one of whom should be full member of the Appraisal Institute, or some similar, recognized national appraisal organization. Required for both Fee Real Estate Appraisers and Review Appraisers.
Minimum of three (3) recent appraisals for review by MassDOT-HD-ROW. This must include one (1) appraisal of three different types of property, specifically, one improved commercial/industrial appraisal, improved residential, or vacant land appraisal. A sample of an appraisal prepared for eminent domain purposes or a sample of a partial valuation appraisal is highly recommended.
NOTE: FREDDIE MAC AND FANNIE MAE FORMS ARE NOT ACCEPTABLE. (Requirement for Fee Real Estate Appraisers) After the application is reviewed, if acceptable by MassDOT-HD-ROW, your name will automatically be submitted to the Right-Of-Way Director for approval for inclusion unto the MassDOT-HD-ROW’s Approved List of Fee Appraisers. MassDOT-HD-ROW will issue written notification concerning acceptance on to MassDOT-HD-ROW’s Approved List. To be considered for inclusion on the list the consultant must submit and meet all of MassDOT-HD-ROW’s requirements as specified in this RFR's Submission Requirements for MassDOT-HD-ROW’s Approved List of Appraisers.
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3.3 Brokerage Provide assistance to in satisfying all requirements for the disposition of real property, including but not limited to marketing, offering for bid, structuring, negotiating, documenting and closing of these dispositions.
3.4 Expert Cost Estimators/Movers - OREAD Provide assistance with the relocation of those displaced by MassDOT transportation projects in full compliance with all applicable state and federal statutes and regulations. The Contractor will provide all labor, including supervision, tools, materials, equipment, licenses, permits and incidentals required and/or implied for the complete and satisfactory performance of moving services.
3.5 Expert Cost Estimators/Movers – Right of Way Provide assistance with cost estimating and moving personal property in conjunction with the relocation of those displaced by MassDOT transportation projects in full compliance with all applicable state and federal statutes and regulations. The Contractor will provide all labor, including supervision, tools, materials, equipment, licenses, permits and incidentals required and/or implied for the complete and satisfactory performance of moving services. The contractor will perform services in accordance with his/her Proposal Letter and the Department’s Letter of Assignment or verbal instructions.
3.5.1 MassDOT-HD-ROW Expert Cost Estimators and Movers For expert cost estimators and movers interested in being considered for inclusion on the approved list to do business with HD-ROW, the following qualifications are required:
Minimum of five (5) years of experience in specialized field, either self-employed or with a firm or agency in that field.
Evidence of ability to qualify as an “expert” in this field as defined by the Massachusetts Superior Court.
Presently devoting at least 50% of your normal work time to the specialized field.
Satisfy MassDOT Highway as to their character, integrity, and ability to serve the best interests of the Commonwealth.
3.5.2 Scope of Services Expert cost estimating and/or movers will be able to perform the following, depending on the Bidder’s expertise and necessity, which will be specified in written (via Letter of Assignment) or verbal instructions by HD-ROW Relocation Staff:
Detailed cost reports on special and peculiar items of real/personal property requiring an expert opinion.
Fair market value and/or in-place value of items determined to be personal property, belonging to a person(s) or business, which is being displaced by an eminent domain taking, and is entitled to Relocation Benefits under either the State or Federal Regulations (the fair market value of the real estate portion of the taking is determined by our Real Estate Appraisers).
Moving cost estimates, including any contractual work and code or permit costs necessary for items as stated in (b) above.
Verification as to fairness and reasonableness of existing moving cost estimates.
Assist in preparing personal property inventories or verify accuracy of existing inventories of businesses being relocated.
(f) In-place value and/or moving cost estimate for signs that have been determined to be the personal property and are entitled to relocation benefits. In-place value must include description of sign including dimensions, uprights, footings, foundation and electrical supply, if applicable, an analysis of in-place value of sign as described, as well as a photograph of sign and any other pertinent information pertaining to said sign. Moving cost estimates should include each phase of work necessary to dismantle, move and reinstall, the sign including electrical wiring, if applicable.
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The contractor must be well equipped, qualified, have an experienced organization, and be able to prepare and furnish any of the above items to HD-ROW. To perform these services, the Contractor will be supplied with all necessary information, including the following when applicable:
Copy of Real/Personal Property Report
Copy of Personal Property Inventory
3.6 Land Use Planning Services Provide assistance to staff with conceptual planning, design & permitting services for reasonable, environmentally sound, and economically feasible real estate development public-private partnerships relative to the sale or long term lease of MassDOT-owned property including vacant properties, transportation infrastructure and facilities. MassDOT owns the state highway system, hundreds of depots and maintenance facilities, office buildings, operations centers, highway rest areas and services areas, park and ride lots, and downtown Boston development air-rights parcels created by the Central Artery Tunnel Project and the Mass Pike. MassDOT would like to take a more coordinated approach between the commercial development of MassDOT property with the upgrading and relocating of aging facilities used for the operation and maintenance of the state transportation system, and service facilities serving the millions of traveling public in the Commonwealth of Massachusetts. MassDOT is seeking qualified teams of land use planning/engineering firms and commercial real estate brokerage firms to devise a real estate development strategy for MassDOT for the disposition of transportation facilities at prime development locations predicated on the relocation and upgrade of aging facilities at feasible relocation sites, preferably already owned or controlled by MassDOT. Specific tasks will include:
Identify aging obsolete and substandard MassDOT facilities located at sites which would support commercial development, new and expanded concessions, advertising or sponsorship opportunities
Prepare site/facility specifications to evaluate potential locations to address MassDOT's space/operational and location requirements for expanded and replacement highway depots, office and maintenance facilities and for parking facilities, highway rest areas, and concessions serving the traveling public. Perform an analysis of existing MassDOT facilities that could currently meet, or be expanded to meet, these criteria.
Perform technical engineering, traffic, environmental, planning and related services relative to feasibility determination of potential relocation and expansion sites
Prepare revenue and and conceptual cost estimates associated with relocation sites to determine magnitudes of cost.
Coordinate with appraisers on the market valuation of existing facilities
Prepare a memorandum, reports and plans which summarize the facility/site evaluation process, the properties considered and their features, and the relative cost benefit associated with the options.
Assist MassDOT Staff with the preparation and drafting of internal canvas prospectus for the disposition of property.
Assist Mass DOT Staff with the preparation of Request for Proposal (RFP) documents and exhibits for the disposition of real estate assets
Determine likely benefits and investigate potential impacts on transportation policy goals and local communities and coordinate communications and outreach strategy
Lease Administration Provide assistance with the management of all lease, license, purchase and sale, or development agreements executed on behalf of MassDOT. This includes post occupancy activities that are necessary
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to ensure lease compliance by MassDOT and lessee, the administration of escalation clauses, and the legal administration of ownership changes, address changes, extensions and assignments. In emergency situations involving the environment, or health and safety of the traveling public and tenants, this includes immediate and necessary action to address the situation. Examples of such emergencies are: fire; broken water pipes and plumbing overflows; the presence of toxic, explosive, or noxious fumes or vapors; vandalism, and broken locks or glass.
3.7 Property Management - OREAD
Provide assistance with the management of property and facilities acquired, owned and operated by MassDOT for transportation projects. This includes management of industrial and office properties, service facilities serving the traveling public, properties that require demolition and maintenance for transportation projects, and assistance in canvassing the appropriate divisions and offices of MassDOT to process requests to purchase, lease or license property, grant easements, or change access controls on state roadways.
3.8 Property Management – Right of Way
Provide assistance with the management of property and facilities acquired, owned and operated by MassDOT for transportation projects. This includes management of industrial, office, and residential properties, service facilities serving the traveling public, properties that require maintenance, cleaning, securing, and/or demolition for transportation projects, and assistance in canvassing the appropriate divisions and offices of MassDOT to process requests to purchase, lease or license property, grant easements, or change access controls on state roadways.
3.9 Real Estate Disposition and Acquisition Services - OREAD
Provide assistance to OREAD in the acquisition of property and the disposition of MassDOT-owned property or property-rights which have been deemed surplus to the transportation needs of MassDOT. Provide assistance to OREAD in satisfying all requirements for the disposition of real property, including but not limited to marketing, offering for bid, structuring, negotiating, documenting and closing of these dispositions. Assist in the negotiation and documentation of design, construction, and other contracts relating to potential real estate development, structuring joint ventures, ground leases, and other ownership and management arrangements for developments. Develop financial assessments and feasibility analysis relating to project development. Provide assistance to OREAD with other real estate services provided to MassDOT to complete real estate transactions, joint development projects, and other real estate related work
3.10 Real Estate Disposition and Acquisition Services – Right of Way Provide assistance to MassDOT-HD-ROW in the acquisition of property and rights in property:
3.10.1 Qualifications for on-call Right of Way Services Minimum qualifications include extensive working knowledge of all aspects of the Eminent Domain Process in Massachusetts; adequate support staff, including qualified professionals with diverse experience in land acquisition, appraisal, negotiation, and relocation assistance; the ability to manage large projects that are driven by advertising deadlines.
3.10.2 Scope of Services for Managing Right of Way Acquisitions SERVICES BY THE BIDDER
The BIDDER shall manage the right of way acquisition process associated with state highway improvement projects statewide in accordance with all applicable State and Federal laws, rules, regulations, and procedures, including, but not limited to: Massachusetts General Laws, Ch. 79 – “Eminent Domain” Massachusetts General Laws, Ch. 79A – “Relocation Assistance”
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Massachusetts General Laws, Ch. 81, § 7J – “Relocation Assistance; Acquisition of real property; payments; compliance with federal acts.” 760 CMR 27.00 – “Relocation assistance” (a regulation which further details Chapter 79A) The current version of MassDOT-HD Right of Way Manual U.S. Constitution, 5th Amendment-Requirement to pay “Just Compensation” to property owners impacted by eminent domain land acquisitions of private property. 49 CFR Part 24 – Regulations implementing the “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970” (As Amended) The BIDDER shall perform all services assigned to it pursuant to the CONTRACT to the reasonable satisfaction of MassDOT –HD-ROW. Services to be provided as determined by MassDOT-HD-ROW shall include, but are not limited to:
3.10.3 Public Involvement Informational Presentations: The BIDDER may be required to conduct informational presentation(s) regarding right of way procedures in conjunction with formal public hearings or at one (or more) separate public meeting(s).
3.10.4 Acquisition Services Services to be provided as determined by MassDOT-HD-ROW and shall include, but are not limited to: Informational Presentations:
Creation of electronic files which contain all required documentation for each property. This includes creating parcel sketches. Files must be stored in the MassDOT- HD-ROW SharePoint site, and labeled according to a document naming guide provided by MassDOT-HD-ROW; all files must be current and maintained in real time. Access to the MassDOT-HD-ROW SharePoint site will be provided as needed.
Field review of right of way plans.
Schedule and conduct the initial interview with the property owner. At this meeting, preliminary impacts to the property will be discussed with the property owner(s). The Right of Way Acquisition Guide and a parcel sketch must be provided at the initial interview, which shall include, but not limited to, explanation of the following: o the transportation improvement project o its impact to the property o the acquisition process as outlined in the Right of Way brochure o the owner(s) rights
Determine the need for additional action regarding: o Questions on boundaries of right of way, trees, etc. o Errors and omissions in plans and documents. o Owner retention of structures, septic systems, etc. o Land Damage Agreements and Rights of Entry. o Accelerated acquisitions—due to hardship or protective buying.
Develop, maintain, and update project logs and schedule of activities.
Preparation of a “Layout Schedule,” according to standards promulgated by MassDOT- HD-ROW.
Preparation of other reports (if applicable), including: o Real and Personal Property Reports o Structure and Occupancy Reports
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o Personal Property Inventory Reports
Participation in the presentation and recommendation of just compensation to the Real Estate Appraisal Review Board, if applicable.
When directed by MassDOT- HD-ROW, initiate the Offer process.
When directed by MassDOT- HD-ROW, initiate the Notification of Award of Damages process, hereinafter identified as NOA process with property owners.
Prior to said NOA process, the BIDDER shall assemble and/or complete essential documents as required by the “MassDOT Right of Way Manual, “ including, but not limited to:
o Payment & Computation Schedule o Just Compensation Report o W-9 o Electronic Funds Transfer form (for awards less than $10k) o Right of Way brochure o Owner’s Request for Review
Said NOA process shall be performed in person; if this is not possible or practical, then all materials described must be sent via registered mail, return receipt requested, if a valid email address is not provided.
At a minimum, the following actions for each ownership from which right of way parcels are being acquired for the project must occur:
o Deliver items described above o Review the impact of the taking on the property o Explain the property owner’s rights and options o Document proceedings, including comments/concerns using NOA report.
3.10.5 Title Examiner Services Title examiner services may or may not be required. If they are requested, the BIDDER shall solicit for said services from the MassDOT-HD-ROW roster of approved fee title examiners.
3.10.6 Appraisal / Review Appraisal Services Appraisal and/or Review Appraisal services may or may not be required. If they are requested, the BIDDER shall solicit for said services from the MassDOT-HD-ROW roster of approved fee appraisers.
3.10.7 Retention of Records
3.10.7.1
The BIDDER shall create and maintain electronic files in the MassDOT Right of Way SharePoint site for each property owner. Said files shall contain all required documentation, including, but not limited to:
• Title report • Field card • Eforms • Notice to owner letter • Parcel sketch • Property interview record • Relevant correspondence and email • Notification of Award of Damages Report • Owner’s Request for Review • Personal Property Report (if applicable) • Structure and Occupancy report (if applicable) • Right of Entry (if applicable)
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• Land Damage Agreement (if applicable)
3.10.7.2
Access to these records will be available to MassDOT-HD-ROW and the Federal Highway Administration at any time for inspection.
3.10.7.3
All work shall be subject to review and approval by MassDOT- HD-ROW through periodic conferences with the BIDDER and/or reports from the BIDDER (or both).
3.10.7.4 All documents and data prepared by the BIDDER pursuant to this Contract shall become the
property of MassDOT-HD-ROW upon the completion of the term of this contract.
3.10.8 Other Services
3.10.8.1
The BIDDER shall be responsible for clerical services, as determined by MassDOT-HD-ROW including, but not limited to:
Data entry
Preparation of all Administrator approval documentation, payment paperwork, etc.
3.10.8.2
The BIDDER shall perform accounting-type services to assist with the payment process.
3.10.9 Revisions The need for revisions in plans, appraisals, and acquisition documents may be identified by either MassDOT-HD-ROW or the BIDDER. Revisions requiring additional compensation to the BIDDER shall be subject to MassDOT-HD-ROW prior written approval. BIDDER shall give MassDOT-HD-ROW notice of the need for revisions in its monthly status report:
Minor revisions not requiring changes in acquisition offers
Major revisions requiring changes in acquisition offers
3.11 Title Examination Companies - OREAD Provide title examination services on an as needed basis. Bidders will prepare Title Examinations and Rundowns on properties, which MassDOT-HD-ROW will acquire for Eminent Domain purposes. All title examinations and rundowns must be done in accordance with the Massachusetts Conveyances Association Title Standards.
3.12 Title Examination Companies – Right of Way MassDOT-HD-ROW seeks to issue contracts with attorneys and title examiners. On an as needed basis Bidders will prepare Title Examinations and Rundowns on properties, which MassDOT-HD-ROW will acquire for Eminent Domain purposes. All title examinations and rundowns must be done in accordance with the Massachusetts Conveyances Association Title Standards. Please note, MassDOT-HD-ROW does not require its title examiners to carry private Errors & Omissions insurance as a basis for consideration.
3.12.1 Scope of Services
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Bidders will agree to prepare Title Examinations and Rundowns on properties, which are to be acquired for Eminent Domain purposes when requested and assigned to do so by MassDOT-HD-ROW through a Letter of Assignment. The work must be performed in accordance with the terms and conditions as set forth below. Title examinations will cover a period of not less than twenty-five (25) years and shall not begin with a probate. If an examination involves multiple chains or is unusually complicated or time-consuming, Mass-DOT-HD-ROW should be contacted for further instructions. The overall purpose for performing eminent domain titles for the Right of Way Bureau is to:
Confirm ownership of the parcel(s) to be acquired for highway purposes;
Confirm that the parcel(s) on the preliminary Right of Way (ROW) plan(s), a copy of which will be provided with the title order, is located within the legal description of the purported owner’s deed. In this regard, the title examiners will be required to obtain a copy of the recorded plan at the registry of deeds. If no plan is available, title examiners will be required to plot out the legal description in the purported owner’s deed. Title examiners will also be required to highlight the location of the parcel(s) to be taken within said recorded plan or plotted description drafted by the title examiners;
Confirm that the name(s) of lending institution(s)/bank(s), which hold outstanding mortgages on any parcel(s) to be acquired, are current by virtue of merger, bank failure, or acquisition. This requirement is of paramount importance to ensure that the correct lending institution/bank receives statutory notice and/or payment if applicable.
All reports shall contain a Photostat copy of the starting deed, deed of acquisition by current owner and any plan referred to for recorded land. For registered land, a copy of the owner's duplicate Certificate of Title, Memorandum of Encumbrances and Land Court plan are required. All outstanding documents listed on the Memorandum of Encumbrances and on the face of the Certificate of Title must be abstracted. MassDOT-HD-ROW title forms, to be provided, must be used for abstracting instruments and documents. The title abstract must be accompanied by a pink Title Report sheet, which summarizes the encumbrances on the title, which will be supplied by MassDOT-HD-ROW. Each examination report must have a complete schedule for the period covered. A cover letter on the examiner's letterhead must be submitted with an abstract of title to the attention of: Robert K. Cotton, Esquire MassDOT-Highway Division Right of Way Bureau - Room # 6160 10 Park Plaza Boston, MA 02116 This letter must indicate the status of title, including the current owners and book and page of the deed of acquisition. Each title should have a written chain of title. If there is a change in the legal description of the property, photocopy the most recent deed in the chain of the title where the change appears. Copies of deeds out should be made when that information is necessary to determine who is the owner of the remaining land. Title examiners will also submit a title abstract in chronological order from oldest document to the most recent document recorded. All reports must be submitted within thirty (30) days of assignment unless extenuating circumstances delay the work; in which case, the Bidders must notify Maryann Selman at [email protected] giving a reason for the delay and request an extension of time. If the reason for the delay is acceptable, a reasonable extension will be granted. Failure to file a report within the specified time, or a delay for which
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an extension has been obtained, may result in cancellation of the assignment without notice to the Bidders. When an assignment is made, MassDOT-HD-ROW agrees to supply the Bidders with a complete list of supposed owners indicating book, page and/or certificate number for each property to be examined. It should be mentioned that this ownership information is derived from assessor’s records, and is not necessarily accurate. Therefore, the onus is on the examiner to determine correct record ownership prior to commencement of the title examination. Each prospective Bidder is advised that its performance of work for MassDOT -HD-ROW may, at any time, raise questions about real or perceived conflicts of interest because of the Bidder's relationships to other entities or individuals. Accordingly, MassDOT-HD-ROW reserves the right to:
Disqualify any prospective Bidders or reject any RFR Response at any time solely on the grounds that a real or perceived legal or policy conflict of interest is presented;
Require any prospective Bidders to take any action or supply any information necessary to remove the conflict, including but not limited to, obtaining an opinion from the State Ethics Commission; or
Terminate any contract arising out of this solicitation if, in the opinion of MassDOT-HD-ROW, any such relationship would constitute or have the potential to create a real or perceived conflict of interest that cannot be resolved to the satisfaction of MassDOT-HD-ROW.
The prospective Bidders agree to disclose in writing any facts that MassDOT-HD-ROW may seek in order to resolve questions about potential conflicts of interest occurring during the period of solicitation or performance hereunder and, upon request of MassDOT -HDROW, supply a full and complete explanation of its relationship to other entities and individuals. In any such event, the prospective Bidders shall consult with the Commonwealth's authorized representatives to learn what action must be taken to resolve such conflicts and comply with all applicable laws and policies. Each prospective Bidder shall submit to MassDOT-HD-ROW as part of the RFR Response a list of all such potential conflicts or a written certification that it has none. To satisfy this requirement, each prospective Bidder shall compete and submit with the RFR Response the Consultant Contractor Mandatory Submissions Form (Attachment D) and submit the Disclosure of Contractual Relationship form, (Attachment C) (The Disclosure of Contractual Relationship form specifically references any contractual relationship with MassDOT-HD-ROW employee.) "Conflict of Interest: Contractors must disclose to MassDOT-HD-ROW if the individual assigned to perform services under this Statewide Departmental Contract, a partner, or an immediate family member of said individual, has any business or personal involvement with any of the parties involved in the assignment. The Bidders agree that payment will be made upon the submission of a title report along with an original itemized invoice for each title examination or rundown. The invoice should indicate the date that the work was completed, $300.00 fee for title examination or $120.00 fee for rundowns and any charge for Photostat copies. Each report must be reviewed, accepted and approved by the Staff Attorney before payment can be processed.
3.12.2 Compensation Structure
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Bidders agree to accept a fee of Three Hundred Dollars ($300.00) per Title Examination and One Hundred Twenty Dollars ($120.00) per run down, with the exception of certain circumstances as stated below. These fees are the same for both registered and recorded land. An additional amount is allowed for the cost of copies required for each Title Examination or Rundown. In the event that an examination involves multiple chains or is unusually complicated or unusually time-consuming, additional time will be allowed at the rate of $60.00 per hour, provided the Bidders first contacts MassDOT-HD-ROW to explain the problem and gets approval from one of its Staff Attorneys.
3.12.3 Additional Requirements The Right of Way division reserves the right to request additional information after award but prior to utilizing contract. Applicants that are interested in performing title examinations for MassDOT-HD-ROW are required to possess and or submit the following for consideration: (1) A minimum of five (5) years’ experience as a title examiner, either self-employed or for a private company; (2) For attorneys, satisfaction of requirement number one and a copy of applicant’s Massachusetts Bar card showing current good-standing; (3) Copies of three (3) previously conducted fifty (50) year title examinations; (4) Three (3) professional references from those with personal knowledge of applicant’s character and qualifications; (5) An updated resume; and (6) A cover letter stating an interest in being on the MassDOT-HD-ROW’s Approved List of Real Estate Title Examiners. Please note, MassDOT-HD-ROW does not require its title examiners to carry private Errors & Omissions insurance as a basis for consideration.
3.13 Other MassDOT does not seek to limit proposals to only firms or individuals that are able to perform the entire spectrum of these services, but also invites proposals for any qualified to perform a limited range of services. Any firm or individual making such a limited proposal shall clearly indicate the range of services or magnitude of projects it is qualified to perform. MassDOT may seek additional related professional services during the term of the contract that would be subject to additional compensation.
3.14 Best and Final Offer MassDOT reserves the right to request a Best and Final Offer.
3.15 Contract Management (Service Provider’s interface with MassDOT’s Contract Manager) The Contractor shall provide an Account Manager and Regional Representative. The Contract Manager shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between MassDOT and the supplier. The Account Manager must respond within 24 hours to MassDOT. If a site visit is required, the Regional Representative must be present on site within 48- 72 hours.
Account Manager:
The Bidder must provide in its Response the name of at least one individual who will be the Account Manager for the contract term. This Account manager will be responsible for: • Proper operation and administration of the Contract by the Contractor. • Responding in a timely manner and in writing unless instructed otherwise, to all requests from the
Contract Manager.
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• Supplying information and serving as liaison between the Contractor and MassDOT and Eligible Entities.
MassDOT may require the Contractor to relieve the Account Manager if: • The Account Manager does not support the contract requirements. • The Account Manager does not deliver work which conforms to the requirements demonstrated in this contract. • Issues with the Account Manager that hinders effective functioning of the Contract.
At the point that a purchaser cancels those outstanding orders, it may secure needed supply from an alternate source. In such a case, the defaulted Contractor shall be responsible for any additional cost incurred and expense suffered by the purchaser as a result of its action. Such Contractor may be prohibited from further performance under its contract. MassDOT may consider such default in determining awards in future procurements.
The Contract Manager shall have the final authority, with the approval of the MassDOT, in all operational matters pursuant to this Contract. The Contract Manager, prior to implementation or performance, must approve alterations, substitutions, or modifications to this contract. These modifications, etc. may include new products not originally awarded but that MassDOT views as value added and may therefore be added to the Contract.
The Contract Manager, in consultation with MassDOT, may amend this Contract, at any time, during the Contract term and/or its extension years. The Contract Manager, in concert with MassDOT, has the authority to remove a Contractor from this Contract for poor or non-performance. The Contract Manager, working with MassDOT, has the authority to remove or replace a Contractor with one of the original qualified, non-awarded Bidders.
3.16 Performance of Work
Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Product delivery and liability remains with the Contractor until the products are properly delivered and signed for by MassDOT. Contractors shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the prior written consent of MassDOT. All assignments or transfers of any rights or interests in the contract by the Contractor shall be void, without the prior written consent of MassDOT.
3.17 Subcontracting
Ideally MassDOT desires to have subcontracting kept to a minimum and would prefer to have any potential subcontractors bid as a prime vendor. Prior approval from MassDOT is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Contractors shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not as assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the prior written consent of MassDOT. All assignments or transfers of any rights or interests in the contract by the Contractor shall be void, without the prior written consent of MassDOT.
3.18 Confidentiality and Privacy The undersigned (the “Bidder”) acknowledges that, during the response and selection process for the RFP and, if selected as the Selected Bidder, the Bidder’s performance under the License, the Bidder may
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acquire or obtain access to “personal data” and become a “holder” of such “personal data” (as defined in Chapter 66A of the Massachusetts General Laws (“Chapter 66A”)) or other information deemed confidential by MassDOT. The Bidder shall comply with Chapter 66A and any applicable regulations promulgated thereunder relative to confidentiality and privacy.
3.19 Tax Compliance Pursuant to M.G.L. Chapter 62C, Section 49A, the Bidder hereby certifies (a) under the pains and penalties of perjury that the Bidder is in full compliance with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors and withholding and remitting child support and (b) to the best of its knowledge and belief, it has no outstanding payment or filing obligations to the Commonwealth of Massachusetts Department of Revenue.
3.20 Conflict of Interest/Collusion Certification
The Bidder certifies under the pains and penalties of perjury that (a) no relationship exists between the Bidder and MassDOT or any officer, employee, or agent of MassDOT that constitutes unfair competition or a conflict of interest or that may be adverse to MassDOT; and (b) it has not acted in collusion with any other Bidder or other entity doing business with MassDOT in a way that would constitute unfair competition or that may be adverse to MassDOT. Individuals performing Services for MassDOT will be subject to the provisions of the Massachusetts Conflict of Interest Law M.G.L. c.268A. MassDOT’s Legal Services Agreement requires Consultants to certify, among other things, compliance with the Conflict of Interest law.
3.21 Other Certifications
The Bidder certifies under the pains and penalties of perjury that the Bidder has filed with the Secretary of State all certificates and annual reports required by law. The Bidder certifies under the pains and penalties of perjury that the Bidder is not presently debarred or suspended from providing goods and/or services to the Commonwealth, or any other applicable debarment or suspension provision under state law or any rules or regulations promulgated thereunder.
4 AUDIT During the term of this Agreement and for a period of six years thereafter, MassDOT, its auditors, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Service Provider's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Service Provider has underpaid MassDOT, then the Service Provider shall remit the underpayment and be responsible for payment of any costs associated with the audit.
5 EVALUATION CRITERIA Price will be heavily valued in the evaluation criteria. SDP will account for 10%. MassDOT reserves the right to request clarification of Responses following the bid submission, and to determine that any non-compliance is insubstantial, can be corrected, or that an alternative proposed by the Contractor is acceptable.
6 HOW TO SUBMIT A BID RESPONSE Email Bid Response Form and Bid Spreadsheet to [email protected].
7 INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF FORMS The purpose of this appendix is to provide guidance to Bidders on the MassDOT Standard forms to be submitted (in addition to the other forms and documents required) and how they must be executed and submitted. Please note that these instructions are meant to supplement the Instructions found on each of
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these forms. It is advisable to print this document first so that it may be referenced when filling out these forms.
7.1 To Be Submitted with Bid
7.2 Bid Response Form
7.2.1 RFR Submission Checklist / First Page of Vendor Response Form MassDOT seeks to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist. By submitting the RFR Submission Checklist with a response, Bidders agree to all specifications for this Solicitation, including the RFR and all the documents within all the tabs, including the Specifications tab.
7.2.2 Page 2 - 3 of Bid Response Form
7.2.3 Scan(s) of Insurance Submit the appropriate proof(s) of insurance for the service(s) you are providing. Different services will require different proofs of insurance. Follow instructions in Bid Response Form. MassDOT may request additional proof(s) of insurance upon award and/or utilization of contract.
7.2.4 Scanned Copies of 3 References and reference information and/or requirements Provide three (3) scanned copies of commercial or governmental client references from other agencies, not from MassDOT. A reference letter shall be submitted on client’s letterhead by the Bidder. The reference letter shall include the name, address, contact person, telephone number, length of service and a description of the goods and services that the Bidder provided to the client. It is required that the client references demonstrate the Bidder’s ability to perform a project of similar size, nature and complexity as that described in this RFR. Specifically, references should address quality of product, customer service, bidder’s abilities to address and resolve problems and overall value the bidder brought to client. References must be for clients or customers to whom goods and services were provided within three (3) years prior to the RFR Response due date. Additionally, business references are required to be recipients of Bidder business services with whom there is or has been a standing business relationship of one (1) year or greater duration. A Bidder’s prior business relationship with the Commonwealth will also be considered in this section, whether offered as a reference or not. Poor prior performance may result in no points being awarded in this section. MassDOT reserves the right to contact the reference if necessary.
7.2.5 Consultant Form
7.2.6 Prompt Payment Discount Form Complete as directed below; include with online submission. Ink signature is not required. Pursuant to the Prompt Payment Discount terms set forth in the RFR Required Specifications for Statewide Contracts and on the Prompt Payment Discount Form itself, all Bidders must execute this form. After entering the “Bidder Name” and “Date of Offer for Prompt/Early Payment Discount”, the Bidder must identify the prompt payment discount(s) terms by indicating the “Percentage Discount off of the Proposed Pricing” and the “Turn-around-time for Payments.” In the event of a hardship that prevents the Bidder from offering a prompt payment discount, the Bidder must document this fact and provide supporting information. If awarded a contract, the final negotiated Prompt Pay Discounts should be reflected on the Commonwealth Standard Contract Form.
7.2.7 Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment Massachusetts Executive Order 524 established the Supplier Diversity Program within the Supplier Diversity Office of the Operational Services Division in order to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). More recently, Executive Order No. 546 established the Service-Disabled Veteran Owned Business Enterprise Program (“SDVOBE Program”), which is designed to promote access and equity of opportunity to Commonwealth business opportunities to SDVOBE qualifying businesses. As a result, M/WBEs and
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SDVOBEs are strongly encouraged to submit bid Responses to this RFR, either as prime vendors, joint venture partners or subcontractors. All Bidders, regardless of their certification status, are required to submit a completed SDP Plan Form #1 – SDP Plan Commitment as part of their Response for evaluation. It is required that Supplier Diversity Program participation accounts for no less than 10% of the total points in the evaluation.
The SSST requires Bidders to make a significant commitment to partner with certified Minority-, Women-, and Service-Disabled Veteran-Owned Businesses in order to be awarded a Contract. Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with a Certified Partner(s), using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract. Please note that no Bidder will be awarded a Contract unless and until they submit a completed SDP Plan Form #1.
After contract execution, if any, Service Providers must submit a completed SDP Plan Form #2 – Declaration of SDP Partners, which can be found under the specifications tab of the solicitation, identifying a Certified Partner(s) no later than 30 days after contract execution. Service Providers may defer identification of their SDP Partner(s) by checking the box in Part II, thereby acknowledging their SDP Plan commitment. Failure to submit a completed SDP Plan Form #2 by the deadline may result in penalties including contract suspension, termination, and/or award to the next apparent successful bidder.
An SDO-certified (formerly SOMWBA-certified) Bidder may not list itself or an affiliate as being a Supplier Diversity Partner to its own company.
Once an SDP Plan is submitted, negotiated and approved, the SSST will then monitor the Service Provider’s performance.
There are resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at:
Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the SDO webpage.
The Supplier Diversity Program offers training on the SDP Plan requirements as well as a SDP Webinar.
Complete as directed; include with online submission. Ink signature is not required. The specific Supplier Diversity Program (SDP) requirements for this procurement can be found earlier in this document.
7.2.8 Executive Order 515, Establishing an Environmental Purchasing Policy / EPP Plan Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program.
7.3 Bid Spreadsheet Mark an “X” indicating which MassDOT Districts you will service. Mark an “X” indicating which real estate services you will provide. List your contact information has requested.
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7.4 Forms to be submitted only Upon Award Some of the forms listed below can be electronically signed by the Bidder, see Electronic Signatures. However, online Bidders must, if notified of Contract award, submit the following four (4) forms on paper with original ink within the timeframe referenced in the RFR section entitled Ink Signatures:
7.4.1 MassDOT Standard Contract Form If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.
By executing this document or signing it electronically, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation MassDOT. Also, the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by MassDOT and included as part of the Contract upon execution of this document by MassDOT.
If the Bidder does not have a Vendor Code beginning with “VC,” or does not know what their Vendor Code is, the Bidder should leave the Vendor Code field blank. The Bidder should NOT enter a Vendor Code assigned prior to May 2004, as new Vendor Codes have been assigned to all companies since that time.
Signature and date MUST be handwritten in ink, and the signature must be that of one of the people authorized to execute contracts on behalf of the Service Provider on the Service Provider Authorized Signatory Listing (See below).
7.4.2 MassDOT Terms and Conditions If notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.
If the Bidder has already executed and filed the MassDOT Terms and Conditions form pursuant to another RFR or Contract, a copy of this form may be included in place of an original. If the bidder’s name, address or Tax ID Number have changed since the MassDOT Terms and Conditions form was executed, a new MassDOT Terms and Conditions form is required. The MassDOT Terms and Conditions are hereby incorporated into any contract executed pursuant to this RFR.
This form must be unconditionally signed by one of the authorized signatories (see Service Provider Authorized Signatory Listing, below), and submitted without alteration. If the provisions in this document are not accepted in their entirety without modification, the entire Proposal offered in response to this Solicitation may be deemed non-responsive.
The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form).
7.4.3 Request for Taxpayer Identification Number and Certification (W9 Form) If notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.
If a Bidder has already submitted a Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form) and has received a valid Massachusetts Vendor Code, an original W-9 form is not required. A copy of the form as filed may be included in place of an original. If the Bidder’s name, address or Tax ID Number have changed since the Mass. Substitute W9 Form was executed, a new Mass. Substitute W9 Form is required. The information on this form will be used to record the Bidder’s legal address and where payments under a State Contract will be sent. The company’s correct legal name and legal address must appear on this form, and must be identical to the
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legal name and legal address on the Commonwealth Terms and Conditions. Please do not use the U.S Treasury’s version of the W9 Form.
7.4.4 Service Provider Authorized Signatory Listing If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.
In the table entitled “Authorized Signatory Name” and “Title,” type the names and titles of those individuals authorized to execute contracts and other legally binding documents on behalf of the Bidder. Bidders are advised to keep this list as small as possible, as Vendors will be required to notify the Procurement Manager of any changes. If the person signing in the signature block on the bottom of the first page of this form will also serve as an “Authorized Signatory,” that person’s name must be included in the typed table.
With regard to the next paragraph, which begins “I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk or Legal Counsel for the Service Provider…,” if your organization does not have these titles, cross them out and handwrite the appropriate title above the paragraph.
The signature and date should be handwritten in ink. Title, telephone, fax and email should be typed or handwritten legibly.
The second page of the form (entitled “Proof of Authentication of Signature”) states that the page is optional. However, the “optional” aspect of the form is that Commonwealth Departments are not required to use it. In the case of Statewide Contracts, this page is REQUIRED, not optional. The person signing this page must be the same person signing the Standard Contract Form, the Commonwealth Terms and Conditions, and the RFR Checklist.
Please note that in two places where the form says “in the presence of a notary,” this should be interpreted to mean “in the presence of a notary or corporate clerk/secretary.” Either a notary or corporate clerk/secretary can authenticate the form; only one is required.
Organizations whose corporate clerks/secretaries authenticate this form are not required to obtain a Corporate Seal to complete this document.
7.4.5 Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners If awarded a Contract, complete as directed below and submit on paper with original ink signature and date. Download this form, complete, and submit by the deadline specified in the Supplier Diversity Program (SDP) requirements for this procurement, located earlier in this document. A certified Bidder may not list itself as being a Supplier Diversity Program Partner to its own company. This form is NOT the same as the SDO certification of the Bidder’s company.
7.4.6 Electronic Funds Transfer Form If notified of Contract award, complete as directed.
8 APPENDIX 1 – REQUIRED TERMS
8.1.1 Alterations Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.
8.1.2 Ownership of Submitted Quotes MassDOT shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of MassDOT and will not be returned
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to the Bidder. MassDOT reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.
Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.
8.1.3 Prohibitions Bidders are prohibited from communicating directly with any employee of MassDOT regarding this RFR except as specified in this RFR, and no other individual MassDOT 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 using the contact information provided on the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).
In addition to the certifications found in the MassDOT’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.
8.2 Terms and Requirements Pertaining to Awarded Contracts
8.2.1 Commonwealth Tax Exemption Invoices or invoices submitted to Massachusetts government entities must not include sales tax.
8.2.2 Service Provider’s Contact Information It is the Service Provider’s responsibility to keep the Service Provider’s Contract Manager information current. If this information changes, the Service Provider must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.
MassDOT assumes no responsibility if a Service Provider’s designated email address is not current, or if technical problems, including those with the Service Provider’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.
8.2.3 Publicity Any Service Provider awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, MassDOT employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.
9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions
and the Commonwealth Terms and Conditions (either version). 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 (and 808 CMR 1.00: Compliance, Reporting
and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used
in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). 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
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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.
Items with the text, " Required for POS Only" specify a requirement for Purchase of Service (POS) human and
social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and
Social Services and 808 CMR 1.00, Compliance, Reporting and Auditing for Human and Social Service.
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 Subscription. Bidders may elect to obtain a free COMMBUYS Seller subscription 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 subscription 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.
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.
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
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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.
Debriefing. Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful bidders
may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found
in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing
as a prerequisite to an administrative appeal.
Debriefing/Appeals: Administrative Appeals to Departments. Required for POS Only. Not applicable to non-POS
bidders. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of
the department may appeal that decision to the department head. Department appeal procedures may be found in the
RFR.
Debriefing/Appeals: Administrative Appeals to OSD. Required for POS Only. Not applicable to non-POS bidders.
Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection
decision of the department may appeal the department decision to the Operational Services Division. The basis for an
appeal to OSD is limited to the following grounds:
The competitive procurement conducted by the department failed to comply with applicable regulations and
guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the
policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the
specifications of the RFR; or
2. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that
is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and
specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent
documentation to the contrary.
Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and
Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14)
calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify
in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure
which was applied and forms the basis for the appeal and presentation of all information that supports the claim under
paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated
above or those submitted without sufficient detail on the basis for the appeal.
The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the
decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services
Division shall not prohibit the department from proceeding with executing contracts.
Electronic Communication/Update of Bidder’s/Service Provider’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
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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. Service Providers 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.
Environmental Response Submission Compliance. In the event that paper submissions are required and in an effort to
promote greater use of recycled and environmentally preferable products and minimize waste, all required paper
responses that are submitted should comply with the following guidelines:
All copies should be printed double sided.
All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or
on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of
such paper, a photocopy of the ream cover/wrapper should be included with the response.
Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non-
reusable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed
binders, glued materials, paper clips and staples are acceptable.
Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.
Bidders are encouraged to use other products which contain recycled content in their response documents. Such
products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where
appropriate, bidders should note which products in their responses are made with recycled materials.
Unnecessary samples, attachments or documents not specifically asked for should not be submitted.
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: Executive Order # 509 Guidance.
Filing Requirements. Required for POS Only. Not applicable to non-POS bidders. Successful bidders must have
filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors,
with the Operational Services Division via the Internet using the UFR eFiling application for the most recently
completed fiscal year before a contract can be executed and services may begin. Other contractor qualification/risk
management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant
to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a department, a contract may be
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executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized
by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR
has been filed.
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. Service Providers 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.
Provider Data Management. Required for POS Only. Not applicable to non-POS bidders. The Executive Office of
Health and Human Services (EOHHS) has established a Provider Data Management (PDM) business service that is
integrated into the Virtual Gateway. PDM is accessible by providers with current POS contracts. Departments may
require that bidders with current POS contracts submit certain RFR-required documents through PDM. These
documents have been specified in the RFR. When submitting documents via PDM, bidders are required to print and
sign a PDM Documentation Summary. PDM users should verify that all information is accurate and current in PDM.
Bidders are required to include the signed PDM Documentation Summary in their RFR response.
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 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.
Service Providers 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.
