The Town reserves a period up to sixty (60) calendar days following the opening of the qualifications in which to evaluate and award the contract.

The Town herein declares its express purpose not to award the contract to any individual/firm unable to furnish evidence, satisfactory to the Town, that is has sufficient ability, experience, and capital to execute and complete the work in accordance with the contract. The OPM must possess and identify the physical resources, equipment, and personnel necessary to carry out the work in accordance with the specified requirements. If requested, any individual/firm may be required to demonstrate financial stability satisfactory to the Town.

The Town Administrator is the awarding authority for the contract (Attachment A), or a contract substantially in this form). Further, the contract will not be binding until it has been approved by Town Counsel and the Board of Selectmen. Award, payment, and performance obligations shall depend on the availability and appropriation of funds.

The Town reserves the right to reject any and all qualifications as determined to be in the best interests of the Town and to waive minor informalities.

The Town is exempt from federal and state sales taxes and or use taxes. Such taxes are not to be included in the fee to be negotiated with the selected OPM.  Town Tax Exemption Certificates are available if needed.

In the event that changes/additions are made to this RFQ, written addenda will be posted to the Town's e-Procurement Portal at      https://procurement.opengov.com/portal/hingham-ma/projects/153931  It is the responsibility of all respondents to check that website for any such addenda. Respondents will be required by the system to acknowledge any addenda in order to successfully submit the electronic response. Addenda are incorporated into the RFQ and will become part of the contract.

The Designer shall be satisfied as to the requirements of the contemplated services to enable intelligent preparation of their Qualifications. The Designer shall be familiar with all of the RFQ documents before submitting Qualifications in order that no misunderstanding shall exist in regard to the nature and character of the contemplated services to be performed. No allowance will be made for any claim that Qualifications are based on incomplete information.

Designers should note that oral communications are not binding on the Town. All requests/questions must be submitted in writing via Town's e-Procurement Portal by 11:00 am on Tuesday, June 17, 2025. The Town will respond to questions that are received by the deadline and will post responses through the Town’s e-procurement webpage (https://procurement.opengov.com/portal/hingham-ma/projects/153931). Questions received after the due date will not be responded to unless the Town determines it is necessary.

Qualifications may be corrected, modified, or withdrawn prior to the submission deadline. Corrections or modifications shall be made via the Town’s e-Procurement Portal. To modify a qualification, log in to your vendor account: https://procurement.opengov.com/login, and go to your submitted qualification. Click on “Unsubmit Proposal”, make the required changes, and submit the qualification again. Any late correction or modification to the qualification will not be accepted. A respondent who wishes to withdraw a proposal prior to the submission deadline must do so via Town’s e-Procurement Portal. To withdraw a qualification, log in to your vendor account: https://procurement.opengov.com/login, and go to your submitted proposal. Click on “Unsubmit Proposal”. 

The Qualifications must satisfy all the requirements of the RFQ in order to be considered for award. Failure to complete the required forms, answer any questions, or provide the required documentation will be deemed NON-RESPONSIVE and result in rejection of the Qualifications unless the Town determines that such failure constitutes a minor informality that can be corrected without prejudice to other respondents. Qualifications may be rejected if the respondent does one or more of the following: 

• Fails to adhere to one or more of the provisions established in the RFQ.
• Fails to submit its Qualifications in the format specified herein or to supply the minimum information requested herein.
• Misrepresents its service or provides demonstrably false information in its Qualifications.
• Fails to provide material information.
• Qualifications that are incomplete, or not properly endorsed or signed.

The Town reserves the right to reject any and all Qualifications as determined to be in the best interests of the Town and to waive minor mistakes, informalities, or irregularities.

The consideration of all Qualifications and subsequent selection of the successful respondent shall be made without regard to race, color, sex, gender identity, sexual orientation, age, handicap, religion, political affiliation, or national origin.

The respondent shall adhere to the provisions of the Fair Employment Practices Law of the Commonwealth (M.G.L. Chapter 151B). The provisions relating to non-discrimination and affirmative action in employment shall flow through all contracts and subcontracts that the successful respondent may receive or award as a result of this contract.

Services provided by the respondent shall be rendered through a professional services contract; the respondent will not be considered an employee of the Town and will not receive any benefits of an employee.

The respondent shall comply with M.G.L. Chapter 66A if the respondent becomes a “holder” of “personal data.” The respondent shall also protect the physical security and restrict any access to personal or other Town data in the respondent’s possession or used by the respondent in the performance of the Contract, which shall include, but is not limited to the Town’s public records, documents, files, software, equipment, plans, or systems.

Ownership of Documents: All Qualifications, materials, drawings, plans, etc. shall become the property of the Town and may not be disposed of without notification and shall be considered public information.

The respondent, and any sub-consultants of the respondent, shall be expected to comply with all applicable federal, state, and local rules, regulations, and laws as they apply to the project without limitation including all federal, state, and local bidding, environmental, and safety rules, regulations, and laws in the performance of service.

By execution of a contract with the Town, the respondent acknowledges that the Town of Hingham is a municipality for the purposes of M.G.L. Chapter 268A (the Massachusetts conflict of interest statue), and agrees, as circumstances require, to take actions and to forbear from taking actions so as to be in compliance at all times with the obligations of the contractor based on said statute.  The provisions of M.G.L. c. 7C, the Town of Hingham Designer Selection Procedures, and all other applicable laws and certifications are incorporated herein by reference.  By submitting a response to this RFQ, the respondent is certifying to all matters required under M.G.L. c. 7C, the Town of Hingham Designer Selection Procedures, and all other applicable laws and certifications.

The Agreement is anticipated to be executed by the date indicated under Procurement Schedule for this RFQ. The Town reserves the right to change, delay, cancel, or expedite the contract execution date. The selected Designer is required to furnish all bonds and certificates of insurance required under the contract in a form acceptable to the Town prior to the execution date.

The Town’s Standard Agreement is incorporated herein in Attachments.  Respondents are expected to review the sample Agreement. Unless otherwise noted by the Town in this RFQ, the terms and conditions contained therein are NOT negotiable.