ADA Compliant Van RFP~2.pdf

Ten Park Plaza, Suite 3720, Boston, MA 02116 www.mass.gov/massdot

10 Park Plaza, Suite 3720, Boston, MA 02116

Request for Proposal (RFP)

Document Title: ADA-Compliant Van Procurement

COMMBUYS Bid#: BD-27-1030-0T100-0T100-132631

Agency Document Number: MDOTBOSTONFEDBUSFY27

Release Date: August 25, 2026

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). All Proposers are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Proposers may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us 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.

http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

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

1 NOTICE OF REQUEST FOR PROPOSALS

1.1 Description of Work

1.2 Applicable Procurement Law

1.3 Contract Term

1.4 Acquisition Method

1.5 Eligible Entities

1.6 Obtaining Proposal Documents

1.6.1 Reasonable Accommodation

1.7 Proposal Due Date and Submittal Requirements

1.7.1 Validity of Proposals

1.7.2 Rejection of Proposal

2 ABBREVIATIONS AND DEFINITIONS

3 INSTRUCTIONS TO PROPOSERS

3.1 Quantities

3.1.1 Estimated Provisions

3.2 Assignability

3.3 Proposed Schedule for the Procurement

3.4 Questions, Clarifications, and Omissions

3.5 Addenda to RFP

3.6 Disadvantaged Business Enterprise Requirements for Transit Vehicle Manufacturers

3.7 Buy America Certification

3.8 Conditions, Exceptions, Reservations, or Understandings

3.9 Protest Procedures

3.9.1 Address

3.9.2 Protests on the Recommended Award

3.9.3 Federal Transit Administration Review

3.10 Preparation of Proposals

3.10.1 Proposal Format Requirements

3.10.2 Tab 1: Technical Proposal

3.10.3 Tab 2: Price Proposal

3.10.4 Tab 3: Qualification Requirements

3.10.5 Tab 4: Proprietary/Confidential Information Requirements

3.11 MassDOT Treatment of Proprietary/Confidential Information

3.12 Signing of Proposals

3.13 Modification or Withdrawal of Proposals

3.14 Ownership and Cost of Proposal Development

3.15 Proposal Evaluation, Negotiation, and Selection

3.15.1 Confidentiality of Proposals

3.15.2 Evaluation Committee

3.15.3 Proposal Responsiveness and Proposer Responsibility

3.15.4 Proposal Selection Process

3.15.5 Evaluations of Competitive Proposals

3.16 Response to Proposals

3.16.1 Agency Rights

3.16.2 Execution of Contract and Purchase Orders

3.17 Post Award Meeting

4 REQUIRED TERMS FOR ALL RFPS

4.1 General Procurement Information

4.1.1 Alterations

4.1.2 Ownership of Submitted Quotes

4.1.3 Prohibitions

4.2 Terms and Requirements Pertaining to Awarded Contracts

4.2.1 Commonwealth Tax Exemption

4.2.2 Contractor’s Contact Information

4.2.3 Contractual Status of Orders and Service Contracts

5 GENERAL CONDITIONS

5.1 Materials and Workmanship

5.2 Conformance with Specifications and Drawings

5.3 Title and Warranty of Title

5.4 Excusable Delays/Force Majeure

5.4.1 Excusable Delays

5.4.2 Applicability of Liquidated Damages

5.4.3 Delay Approval Change

5.4.4 Notification Requirements

5.5 Termination

5.5.1 Termination for Convenience

5.5.2 Termination for Default

5.6 Ongoing Compliance Obligations

5.6.1 Contractor Compliance

5.6.2 Subcontractor Compliance

5.6.3 Change in Existing Law

5.6.4 Discrepancies

5.7 Record-Keeping, Retention, and Inspection

5.8 Affirmative Action, Non-Discrimination in Hiring and Employment

5.9 General Provisions for Non-Discrimination

5.10 Subcontracting by Contractor

5.11 Contract Modifications (Change Orders)

5.11.1 Change Order Costs

5.12 Executive Order 515, Establishing an Environmental Purchasing Policy

5.13 Environmental Plan

5.14 Air Pollution

5.15 Collusion

5.16 Prohibited Interest

5.17 Asbestos Abatement Program

5.18 Release of Oil and Hazardous Materials

5.19 HIPAA and Business Associate Contractual Obligations

5.20 Electronic Communication/Update of Proposer’s/Contractor’s Contact Information

5.21 Ineligible Costs

5.22 Ineligible Contractors and Subcontractors

5.23 Manufacturer Recalls

5.24 Reporting

5.25 Security and Confidentiality

5.26 System Security

5.26.1 MassDOT Data

5.26.2 Data Privacy and Security Breaches

5.27 Participation in MassDOT’s Third-Party Risk Management Engagements

5.28 Restriction on the Use of the Commonwealth Seal

5.29 Digital Accessibility

5.30 Federal Requirements

5.30.1 Access to Records and Reports

5.30.2 Federal Funding, Incorporation of FTA Terms and Federal Changes

5.30.3 Federal Energy Conservation Requirements

5.30.4 Civil Rights and Equal Opportunity

5.30.5 No Government Obligation to Third Parties

5.30.6 Program Fraud and False or Fraudulent Statements or Related Acts

5.30.7 Suspension and Debarment

5.30.8 Disadvantaged Business Enterprise (DBE)

5.30.9 Clean Water Requirements

5.30.10 Clean Air Requirements

5.30.11 Compliance with Federal Lobbying Policy

5.30.12 Buy America

5.30.13 Testing of New Vehicle Models

5.30.14 Pre-Award and Post-Delivery Audits

5.30.15 Cargo Preference

5.30.16 Fly America

5.30.17 Contract Work Hours and Safety Standards Act

6 SPECIAL PROVISIONS

6.1 Inspection, Tests, and Repairs

6.1.1 Pilot Vehicle

6.1.2 Configuration and Performance Approval

6.1.3 First Article Inspection – Production

6.1.4 Acceptance Tests

6.1.5 Repairs After Nonacceptance

6.2 Deliveries

6.2.1 Vehicle Delivery

6.2.2 Delivery Schedule

6.2.3 Risk of Loss

6.3 Payment

6.3.1 Payment Terms

6.3.2 Escalation

6.3.3 Payment of Taxes

6.4 Liquidated Damages for Late Delivery of the Vehicle

6.5 Service and Parts

6.5.1 Contractor Service and Parts Support

6.5.2 Manuals

6.5.3 Parts Availability Guarantee

6.5.4 Agency-Furnished Property

6.6 Federal Motor Vehicle Safety Standards

6.7 Permits and Licenses

6.8 Insurance

7 TECHNICAL SPECIFICATIONS

7.1 Scope

7.2 Referenced Publications

7.3 Contractor Responsibility and Legal Requirements Applicable to Van Manufacture

7.4 Overall Requirements

7.4.1 Weight

7.4.2 Capacity

7.4.3 Service Life

7.4.4 Maintenance and Inspection

7.4.5 Interchangeability

7.4.6 Training

7.4.7 Operating Environment

7.4.8 Noise

7.4.9 Respect for the Environment

7.5 Vehicle Dimensions

7.5.1 Exterior Length

7.5.2 Exterior Width

7.5.3 Exterior Height

7.5.4 Wheelbase

7.5.5 Ground to Step Threshold

7.6 Propulsion System

7.6.1 Internal Combustion Engine Propulsion Systems

7.6.2 Electric Propulsion System

7.7 Chassis

7.7.1 Drive Shaft

7.7.2 Steering

7.7.3 Axles

7.7.4 Wheels

7.7.5 Tires

7.7.6 Brake System

7.7.7 Suspension

7.8 Body

7.9 Doors

7.9.1 Driver Door

7.9.2 Passenger Doors

7.9.3 Lift Door

7.9.4 Ramp Door

7.9.5 Emergency Exits

7.10 ADA Accessibility

7.10.1 Lift

7.10.2 Ramp

7.11 Glazing

7.12 Interior

7.12.1 Flooring

7.12.2 Operator Accommodations

7.12.3 Passenger Accommodations

7.12.4 Safety Equipment

7.12.5 Signage and Decals

7.13 Exterior

7.13.1 Paint

7.13.2 Signage and Decals

7.13.3 Running Board

7.13.4 Bumpers

7.13.5 Lighting

7.13.6 Mirrors

7.14 Heating, Ventilation, and Air Conditioning (HVAC)

7.14.1 Air Purification System

7.15 Electrical System

7.16 Video Recording System

8 WARRANTY REQUIREMENTS

8.1 Basic Provisions

8.1.1 Superior Warranty

8.1.2 Optional Extended Warranties

8.1.3 Voiding of Warranty

8.1.4 Exceptions and Additions to Warranty

8.1.5 Pass-Through Warranty

8.1.6 Fleet Defects

8.2 Repair Procedures

8.2.1 Repair Performance

8.2.2 Repairs by the Contractor

8.2.3 Repairs by MassDOT or Purchaser

8.3 Forms

8.4 Return of Parts

8.5 Reimbursements

8.6 Warranty Coordinator

9 QUALITY ASSURANCE

9.1 Quality Assurance Organization

9.2 Quality Assurance Organization Functions

9.2.1 Minimum Functions

9.2.2 Basic Standards and Facilities

9.2.3 Maintenance of Control

9.2.4 Manufacturing Control

9.2.5 Inspection System

9.3 Inspection

9.3.1 Inspection Stations

9.3.2 Resident Inspectors

9.3.3 Compliance with Safety Requirements

9.4 Acceptance Tests

9.4.1 Responsibility

9.4.2 Pre-Delivery Tests

9.4.3 Post-Delivery Tests

9.5 Vehicle History Book

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1 NOTICE OF REQUEST FOR PROPOSALS

1.1 Description of Work

The Massachusetts Department of Transportation (MassDOT) Rail and Transit Division (RTD) requests Proposals for the manufacture and delivery of Americans with Disabilities Act (ADA) Compliant Vans up to 29-feet in length in accordance with the terms and conditions set forth in this RFP. Contracts awarded under this RFP will allow MassDOT and other Eligible Entities defined herein to place purchase orders for vehicles.

MassDOT operates a range of ADA-compliant van sizes, capacities, propulsion types, and duty levels.

These include gas and electric minivans, as well as 8-16 passenger low and high floor full size and cutaway vans with ramps or lifts.

Specifically, MassDOT is requesting new vans that are compliant with the Code of Federal Regulations (CFR) Title 49, Subtitle A, Part 38 (49 CFR Part 38) ADA Accessibility Specifications for Transportation Vehicles. Vehicle types and configurations requested in this RFP are new, current model minivans, full size passenger vans or “minibuses”, and cutaway, body-on-chassis conversion vans up to 29-feet in length. MassDOT requests vehicles ranging in seating capacity and layout, with low or high floor configurations, and ramp or lift access for transport of passengers in mobility devices. MassDOT requests vans with gasoline, diesel, compressed natural gas (CNG), propane, or battery-powered propulsion, as well as combustion fuel/electric hybrid propulsion systems (excluding hydrogen). MassDOT encourages Proposals with multiple vehicle types and configurations in line with the above.

1.2 Applicable Procurement Law

This solicitation is issued under Commonwealth of Massachusetts General Laws (MGL) c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services). Vehicles procured under this Contract may be purchased utilizing federal and state funding, and therefore must meet all federal, state, and local laws and regulations. Applicable Federal laws and regulations include, but are not limited to, Federal transit laws at 49 U.S.C. Chapter 53, Federal Transit Administration (FTA) regulations, and other Federal laws and regulations that contain requirements applicable to FTA recipients and their FTA assisted procurements. In the event of a conflict between Federal and state or local laws on a federally funded vehicle order, Federal law shall prevail.

1.3 Contract Term

The term of the Contract is (5) five years.

1.4 Acquisition Method

The acquisition method to acquire goods and/or services from this solicitation is outright purchase.

1.5 Eligible Entities

Any contract resulting from this solicitation will be open for use by MassDOT, the Massachusetts Bay Transportation Authority (MBTA), and the fifteen (15) Regional Transit Authorities within the Commonwealth of Massachusetts, as follows:

• BAT – Brockton Area Transit Authority

• BRTA – Berkshire Regional Transit Authority

• CATA – Cape Ann Transportation Authority

• CCRTA – Cape Cod Regional Transit Authority

• FRTA – Franklin Regional Transit Authority

• GATRA – Greater Attleboro Taunton Regional Transit Authority

• LRTA – Lowell Regional Transit Authority

• MART – Montachusett Regional Transit Authority

• MeVa – Merrimack Valley Transit

• MWRTA – MetroWest Regional Transit Authority

• NRTA – Nantucket Regional Transit Authority

• PVTA – Pioneer Valley Transit Authority

• SRTA – Southeastern Regional Transit Authority

• VTA – Vineyard Transit Authority

• WRTA – Worcester Regional Transit Authority

The Eligible Entity who places the purchase order is referred to in this Contract as the Purchaser.

1.6 Obtaining Proposal Documents

Proposal documents may be obtained through COMMBUYS. Refer to Appendix A: COMMBUYS Information for guidance on using COMMBUYS for this solicitation.

1.6.1 Reasonable Accommodation

Proposers with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFP information in an alternative format, must communicate such requests in writing to the MassDOT Procurement Officer. Requests for accommodation will be addressed on a case-by-case basis.

A Proposer requesting accommodation must submit a written statement that describes the Proposer’s disability and the requested accommodation to the contact person for the RFP. MassDOT reserves the right to reject unreasonable requests.

Procurement Officer’s Contact Information

Name: Monica E. Auguste Address: 10 Park Plaza, Suite 3720, Boston, MA 02116

Email: monica.auguste@dot.state.ma.us

1.7 Proposal Due Date and Submittal Requirements

Proposals shall be submitted via COMMBUYS and must be received by the date and time specified in Section 3.3 Proposed Schedule for the Procurement. All communication with the Procurement Officer regarding this RFP must be through COMMBUYS.

In addition, one (1) hard copy must be submitted by the date and time specified in Section 3.3 Proposed Schedule for the Procurement to the Procurement Officer at the address listed in Section 1.6.1 Reasonable Accommodation.

Timely receipt of proposals will be determined by the date/time stamp of the submission via COMMBUYS.

Proposals received after the deadline or at any other location will be rejected.

In case of any discrepancies, the electronic version of the Proposal will be considered by MassDOT in evaluating the Proposal, and the hard copy is provided for MassDOT’s administrative convenience only.

1.7.1 Validity of Proposals

Proposals and subsequent offers shall be valid for a period of 120 days. MassDOT may request Proposers to extend the period of time specified herein by written agreement between MassDOT and the Proposer(s) concerned.

1.7.2 Rejection of Proposal

MassDOT reserves the right to accept or reject any or all Proposals received in response to this request, to negotiate with any qualified individual or firm, or to modify or cancel in part or in its entirety this RFP if it is in the best interest of MassDOT to do so. MassDOT makes no representation or warranty as to the accuracy and/or completeness of any of the information provided in this RFP. MassDOT reserves the right to award by service, group of services or total bid. MassDOT further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of MassDOT. MassDOT reserves mailto:monica.auguste@dot.state.ma.us the right to reject awarding a contract due to unacceptable past performance by a Proposer. MassDOT shall have the final authority in selecting the product categories to be awarded.

MassDOT reserves the right to suspend, withdraw, or amend this RFP at any time, and to reject any Response not submitted in conformance with this RFP and any addenda hereto. This RFP is not an offer and MassDOT is not issuing it under any statutory requirement. MassDOT has determined that the selection of a Contractor through an open, competitive process to be in the best interest of the public and MassDOT. MassDOT’s decision with respect to the award of contracts pursuant to this RFP process shall be final. Responses may be rejected if, in MassDOT’s sole judgment, they fail to meet the requirements of the RFP; are incomplete, conditional, or obscure; contain additions, deletions, alterations, errors, or other irregularities; or are submitted by Respondents who are not experienced or capable of performing the services. MassDOT reserves the right to waive any of the foregoing, or any informality.

2 ABBREVIATIONS AND DEFINITIONS

When used in this RFP or any ensuing contract, the following abbreviations and definitions shall apply.

ADA: Americans with Disabilities Act

ASTM: American Society for Testing and Materials Approved Equal: A product, service, or condition similar or superior in function, purpose, design, or performance to that specified and approved by MassDOT.

BMS: Battery Management System. System that monitors and manages battery performance and safety.

Buy America Certification: Certification that vehicles comply with domestic content requirements for federally funded procurements.

CFR: Code of Federal Regulations

CNG: Compressed Natural Gas Contractor: A party awarded a contract under this solicitation.

Curb Weight: Vehicle weight including fuel, oil, coolant, and required equipment, but excluding passengers and operator.

DBE: Disadvantaged Business Enterprise

Deliverables: Goods and services provided by the Contractor under the contract.

ESS: Energy Storage System EPA: Environmental Protection Agency

Fire-Resistant: Materials with a flame spread index of less than 150 as measured by applicable ASTM standards.

Fireproof: Materials that will not burn or melt at temperatures below 2,000°F.

FMCSR: Federal Motor Carrier Safety Regulation

FMVSS: Federal Motor Vehicle Safety Standards

Free On Board (FOB) Destination: Point at which ownership and risk transfer from seller to buyer.

FTA: Federal Transit Administration

GVWR: Gross Vehicle Weight Rating

High Voltage: Voltage greater than 50V HIPAA: Health Insurance Portability and Accountability Act

MassDOT: Massachusetts Department of Transportation

MGL: Massachusetts General Laws NHTSA: National Highway Traffic Safety Administration

NTP: Notice to Proceed

OEM: Original Equipment Manufacturer

Propulsion System: System that provides vehicle movement, including motors, energy storage, and associated controls.

Proposer: The entity submitting a response to this RFP.

RFP: Request for Proposal

RTD: Rail and Transit Division SAE: Society of Automotive Engineers

Special Tools: Tools and test equipment not normally stocked by the transit provider.

TVM: Transit Vehicle Manufacturer

3 INSTRUCTIONS TO PROPOSERS

3.1 Quantities

The work under this Contract consists of the manufacture and delivery of the following estimated minimum and maximum quantities of ADA-compliant vans that may be purchased by Eligible Entities during each contract year.

Year 1 Year 2 Year 3 Year 4 Year 5 MassDOT 0-375 0-400 0-425 0-450 0-475

BAT 0-17 0-17 0-17 0-17 0-17

BRTA 0-12 0-12 0-12 0-12 0-12

CATA 0-2 0-2 0-2 0-2 0-2

CCRTA 0-12 0-12 0-12 0-12 0-12

FRTA 0-3 0-3 0-3 0-3 0-3

GATRA 0-5 0-5 0-5 0-5 0-5

LRTA 0-11 0-11 0-11 0-11 0-11

MART 0-10 0-10 0-10 0-10 0-10

MeVa 0-3 0-3 0-3 0-3 0-3

MWRTA 0-17 0-17 0-17 0-17 0-17

NRTA 0-3 0-3 0-3 0-3 0-3

PVTA 0-17 0-17 0-17 0-17 0-17

SRTA 0-15 0-15 0-15 0-15 0-15

VTA 0-3 0-3 0-3 0-3 0-3

WRTA 0-5 0-5 0-5 0-5 0-5

MBTA 0-50 0-100 0-137 0-50 0

TOTAL 0-560 0-635 0-697 0-635 0-610

The minimum and maximum numbers listed for all years represent estimated overall quantities encompassing all vehicle types within this RFP based on historic purchasing records and projected future demand. There shall be no minimum order quantity for MassDOT or other Eligible Entity in any Contract year. Each Eligible Entity will place their own orders on their own schedules with several entities anticipated to place orders in each Contract year. Funding availability and demand for each vehicle type varies each year, so vehicle quantities purchased will vary within the annual total ranges above. (For historic context only, unique vehicle orders for a single vehicle type typically did not exceed fifty to sixty vehicles and the majority of vehicle orders were for less than thirty vehicles.)

3.1.1 Estimated Provisions

The Commonwealth makes no guarantee that any commodities will be purchased from any contract resulting from this RFP. Any estimates or past procurement quantities referenced in this RFP are included only for the convenience of Proposers and are not to be relied upon as any indication of future purchase quantities.

3.2 Assignability

MassDOT reserves the right to assign all, or any portion, of the vehicles quantified under this Contract to other Eligible Entities. This assignment, should it occur, shall be agreed to by MassDOT and the Eligible Entity. Once assigned, each Eligible Entity will enter into its own contract and be solely responsible to the Contractor for obligations regarding the vehicles assigned. MassDOT’s right of assignment will remain in force until completion of the Contract, including any option terms. MassDOT shall incur no financial responsibility in connection with contracts issued by another Eligible Entity. The Eligible Entity shall accept sole responsibility for placing orders or payments to the Contractor.

3.3 Estimated Procurement Calendar

The following is the solicitation schedule for Proposers. All dates are estimated. MassDOT reserves the right to modify this timeline. Times are as displayed on the COMMBUYS system clock. If there is a conflict between the dates in this Section and dates in the Bid’s Header on COMMBUYS, the dates in the Bid’s Header on COMMBUYS shall prevail. Proposers are responsible for checking the Bid record and schedule updates on COMMBUYS.

EVENT DATE

RFP Release Date 8/25/2026

Deadline to Submit Questions and Requests for Clarification 9/11/2026, 4:00 PM ET

Responses to Questions and Clarifications Issued (solicitation documents will not be amended after this event)

9/24/2026

Proposal Due Date 10/16/2026, 4:00 PM ET

Proposer Demonstrations/Interviews 11/02/2026-11/13/2026

Contract Negotiations (if required) 12/04/2026

Estimated Notification of Selection/Non-Selection 12/18/2026

Estimated Contract Award Date 12/28/2026

3.4 Questions, Clarifications, and Omissions

All correspondence, communication and contact in regard to any aspect of this solicitation or offers shall be only with the Procurement Officer identified above, or designated representative, through COMMBUYS. Unless otherwise instructed by the Procurement Officer, Proposers and their representatives shall not make any contact with or communicate with any employee or consultant of

MassDOT or the other Eligible Entities, other than the designated Procurement Officer, in regard to any aspect of this solicitation or offers.

During this procurement up to the “Deadline to Submit Questions and Requests for Clarification” specified in Section 3.3 Proposed Schedule for the Procurement, Proposers may request, through COMMBUYS, a clarification or interpretation of any aspect, a change to any requirement of the RFP, or any addenda to the RFP. Requests may include suggested substitutes for specified items and for any brand names, which whenever used in this solicitation shall mean the brand name or approved equal. The Proposer making the request shall be responsible for its proper delivery to MassDOT. Any request for a change to any requirement of the Contract documents must be fully supported with technical data, test results or other pertinent information showing evidence that the exception will result in a condition equal to or better than that required by the RFP, without a substantial increase in cost or time requirements.

All responses from MassDOT to requests for clarification or approved equal shall be provided to all Proposers through COMMBUYS. Any response that is not confirmed by a written addendum shall not be official or binding on MassDOT.

If it should appear to a prospective Proposer that the performance of the work under the Contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFP or Contract documents, or that any conflict or discrepancy exists between different parts of the Contract or with any federal, state, local or Agency law, ordinance, rule, regulation, or other standard or requirement, then the Proposer shall submit a request for clarification to MassDOT through COMMBUYS within the time period specified above.

3.5 Addenda to RFP

MassDOT reserves the right to amend the RFP at any time prior to the Proposal Due Date. Any amendments to the RFP shall be described in written addenda. Notification of addenda and the addenda will be distributed to all such prospective Proposers officially known to have received the RFP. Failure of any prospective Proposer to receive the notification or addenda shall not relieve the Proposer from any obligation under the RFP therein. All addenda issued shall become part of the RFP. Proposers shall acknowledge the receipt of each individual addendum in their Proposals using Exhibit A - Acknowledgment of Receipt of Addenda. Failure to acknowledge receipt of addenda in the Proposal may at MassDOT’s sole option disqualify the Proposal.

If MassDOT determines that the addenda may require significant changes in the preparation of Proposals, MassDOT may postpone the deadline for submitting the Proposals no fewer than ten (10) days from the date of issuance of addenda or by the number of days that MassDOT determines will allow Proposers sufficient time to revise their Proposals. Any new Proposal Due Date shall be included in the addenda.

3.6 Disadvantaged Business Enterprise Requirements for Transit Vehicle Manufacturers

Proposers must either be on the FTA’s certified Transit Vehicle Manufacturers (TVMs) list or must have submitted a Disadvantaged Business Enterprise (DBE) goal methodology to the FTA that has not been disapproved.

Pursuant to Title 49 Code of Federal Regulations, the Proposer (the TVM), as a condition of being authorized to respond to this solicitation, must certify that it has filed with the FTA an annual DBE participation goal. The Proposer shall attach its current FTA filing and approval status valid at the time of proposal submission. MassDOT will accept excerpts from said documents at time of proposal submittal.

Full documentation must be provided prior to award if said Proposer is determined to be the responsive and responsible Proposer for this procurement.

In accordance with 49 CFR Part 26, each TVM is required to establish and submit for FTA approval an annual overall percentage goal for DBE. The TVM must submit its DBE goals to the FTA by August 1 of each year.

During the life of the Contract, from execution to final payment and/or completion of warranty, whichever occurs last, the Contractor must forward to MassDOT a copy of its annual FTA DBE participation goal and the corresponding FTA approval or disapproval.

The Contractor must cooperate with MassDOT and the federal government in reviewing the Contractor’s activities relating to this provision.

MassDOT strongly encourages the use of DBEs as prime Contractors, Subcontractors, and Suppliers in all its contracting opportunities.

3.7 Buy America Certification

This Contract is subject to the “Buy America” requirements of 49 United States Code (USC) §5323(j) and 49 CFR Part 661, as may be amended from time to time, and applicable federal regulations. Prospective Proposers’ attention is directed to 49 CFR §661.11, “Rolling Stock Procurements.” Prospective Proposers have the responsibility to comply with the cited and any governing statutes and regulations, including official interpretations.

A Proposer shall submit to MassDOT the appropriate Buy America certification with their Proposal.

Proposals that are not accompanied by a properly completed Buy America certification are subject to the provisions of 49 CFR 661.13 and will be rejected as nonresponsive.

The two signature blocks on the Buy America certificate are mutually exclusive. Proposers shall sign only one signature block on the certificate. Signing both signature blocks will make the Proposal nonresponsive. A false certification is a criminal act in violation of 18 USC §1001.

A Proposer who has submitted an incomplete Buy America certificate or an incorrect certificate of noncompliance through inadvertent or clerical error (but not including failure to sign the certificate, submission of certificates of both compliance and noncompliance, or failure to submit any certification), may submit to the FTA Chief Counsel within ten (10) days of Proposal opening a written explanation of the circumstances surrounding the submission of the incomplete or incorrect certification in accordance with 28 USC §1746, sworn under penalty of perjury, stating that the submission resulted from inadvertent or clerical error. The Proposer will also submit evidence of intent, such as information about the origin of the product, invoices or other working documents. The Proposer will simultaneously send a copy of this information to MassDOT.

The FTA Chief Counsel may request additional information from the Proposer, if necessary. MassDOT may not make Contract award until the FTA Chief Counsel issues their determination, except as provided in 49 CFR Part 661.15(m).

Certification based on ignorance of proper application of the Buy America requirements is not an inadvertent or clerical error.

A waiver from the Buy America provisions will be sought by MassDOT from the FTA for the proposed awardee, if the grounds for a waiver exist. All Proposers seeking a waiver must submit to MassDOT a timely request in writing, which shall include the facts and justification to support the granting of the waiver. Such waiver from the Buy America provisions may be granted if the FTA determines the following:

1. Their application would be inconsistent with the public interest;

2. Materials are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

3. Inclusion of domestic material will increase the cost of the overall Contract by more than 25%.

Any party may petition the FTA to investigate a successful Proposer’s compliance with the Buy America certification. The procedures are set out in 49 CFR Part 661.15. If the FTA determines that the evidence indicates noncompliance, the FTA will require MassDOT to initiate an investigation. The successful Proposer has the burden of proof to establish compliance with its certification. If the successful Proposer fails to demonstrate compliance, then the successful Proposer will be required to substitute sufficient domestic materials without revision of the original Contract terms. Failure to do so will be a breach of the Contract and may lead to the initiation of debarment proceedings under 49 CFR Part 29.

3.8 Conditions, Exceptions, Reservations, or Understandings

Submission of a Proposal implies certification of compliance with the specifications, standards, regulations, and references in this RFP. Proposers are cautioned to limit exceptions, conditions and limitations to the provisions of this RFP, as they may be determined to be so fundamental as to cause rejection of the Proposal for not responding to the requirements of the RFP.

Any and all deviations must be explicitly, fully and separately stated in the Proposal by completing the Exhibit B - Proposal Deviation Form, setting forth at a minimum the specific reasons for each deviation so that it can be fully considered and, if appropriate, evaluated by MassDOT. All deviations shall be evaluated in accordance with the appropriate evaluation criteria and procedures and may result in the Proposer receiving a less favorable evaluation than without the deviation.

3.9 Protest Procedures

All protests must be in writing, stating the name and address of the protestor, a contact person, Contract number and title. Protests shall specify in detail the grounds of the protest and the facts supporting the protest.

3.9.1 Address

All protests must be addressed as follows:

• Agency Contact: Monica E. Auguste, Procurement Officer

• Agency: Massachusetts Department of Transportation, Rail and Transit Division

• Location: 10 Park Plaza, Suite 3720, Boston, MA 02116

Protests not properly addressed to the address shown above may not be considered by MassDOT.

Copies of MassDOT’s protest procedures and the protest provisions of FTA Circular 4220.1G or its successor may be obtained from the Procurement Officer, Monica E. Auguste. Proposals will be opened, and a Notice of Award will be issued by MassDOT in accordance with MassDOT’s protest procedures and the protest provisions of FTA Circular 4220.1G or its successor.

3.9.2 Protests on the Recommended Award

All Proposers will be notified of the recommended award. This notice will be transmitted to each Proposer’s Responsible Individual at the address contained in its Exhibit C - Pre-Award Evaluation Data Form in a manner that provides verification of receipt. Any Proposer whose Proposal has not lapsed may protest the recommended award. Three (3) copies of a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest must be received by MassDOT at the appropriate address in Section 3.9.1 Address no later than fifteen (15) calendar days after the date such notification is received. Prior to the issuing of the Notice of Award, a written decision stating the grounds for allowing or denying the protest will be transmitted to the protestor and the Proposer recommended for award in a manner that provides verification of receipt.

3.9.3 Federal Transit Administration Review

After such administrative remedies have been exhausted, an interested party may file a protest with the FTA of the U.S. Department of Transportation pursuant to the procedures provided in FTA C 4220.1G or its successor. FTA review is limited to the alleged failure of MassDOT to have written protest procedures, the alleged failure of MassDOT to follow those procedures, the alleged failure of MassDOT to review a protest, or the alleged violation of federal law or regulation.

3.10 Preparation of Proposals

MassDOT reserves the right to reject any Proposal that does not conform with the Proposal preparation requirements outlined in this section.

3.10.1 Proposal Format Requirements

The Proposer shall complete the Exhibit C - Pre-Award Evaluation Data Form and include the form as the first page of their Proposal. The Proposer may also include a maximum one (1) page cover letter as an introduction to the Proposal after the Exhibit C - Pre-Award Evaluation Data Form.

Proposals shall include a Table of Contents listing all proposal contents. Proposals shall be submitted in four parts (i.e., tabs) as identified and outlined below. Each tab shall contain all the Proposal documents for which the tab is required to be marked and shall include no other documents. These same requirements apply to any best and final offers (BAFOs) that may be requested.

Proposers may submit a Proposal that offers multiple vehicle types (i.e., minivan, full size van, and cutaway van). Each vehicle type being proposed must be currently in production by the proposer. Each vehicle type shall be numbered (Vehicle 1, Vehicle 2, etc.) and uniquely named to easily distinguish between vehicle types. Proposers shall include in their Proposal separate tabs and information for each vehicle type being proposed (e.g., Vehicle 1 Tabs 1-4; Vehicle 2 Tabs 1-4). Where the different vehicle types share technical, price, or qualifying information, Tabs for subsequent vehicles may refer to preceding vehicles. For example, if the steering system for Vehicle 2 is the same as Vehicle 1, the Vehicle 2 Technical Proposal may refer to the Vehicle 1 Proposal information to avoid repetition.

Proposers are advised that the forms contained in this RFP are required to be used for submission of a Proposal. Unless otherwise specified, Proposers may submit responses proposing alternatives that provide equivalent or better performance or compliance with this RFP. The Proposal must describe how any alternative achieves substantially equivalent or better performance and any cost implications.

The hard-copy Proposals shall be prepared double-sided on 8½ × 11 in. paper in at least 11-point font.

The hard copies shall be contained in three-ring binders, the contents of which are identified on the outside. Use of 11 × 17 in. foldout sheets for large tables, charts or diagrams is permissible but should be limited. Elaborate formatting is not necessary. Do not provide promotional or advertising information, unless this information is requested and/or is necessary to support the technical submittal. All parts, pages, figures, and tables should be numbered and clearly labeled.

3.10.2 Tab 1: Technical Proposal

Proposers shall submit a Technical Proposal in the format and order specified below. The Proposal must contain the information required to demonstrate the Proposer’s approach to compliance with the Technical Specifications and Contract requirements. Include a list of proposed subcontractors and their associated description and percentage of work under the Contract.

3.10.2.1 Product Design and Performance

This part of the Technical Proposal includes information on vehicle construction and system design and documented reliability, as well as other design and performance elements of the components that comprise those systems, which demonstrate compliance with Section 7 Technical Specifications.

Proposer must specify the period of time they have been manufacturing their proposed vehicle types. The Proposer must also include test results, safety and maintenance factors, and cost of normal operation for the vehicle design and system components proposed.

Proposals must identify manufacturer model names and numbers, and detail conversion or modification work where applicable. Floor plans provided must identify passenger seat locations and requirements in relation to other major vehicle equipment (e.g., lifts and ramps, passenger assist handles, operator’s seat, doors, heaters). Where multiple seating configurations are available, Proposals must include multiple, separate floor plans (with associated price differences outlined in the Price Proposal). Vehicle drawings must label and quantify the exterior body dimensions (length, width, and height), and wheelbase.

The Proposer must provide weight distribution analysis of the vehicles performed in the curb weight and maximum passenger load configurations. Information must also include details on the heating and air conditioning system, electrical system, and ADA-compliant accessibility elements. Proposers must also provide sample headliners and interior sidewall liners.

The Proposer must submit one Exhibit D - General Vehicle Data Sheet per unique vehicle type proposed.

3.10.2.2 Management Organization and Approach

The Proposer must provide evidence that the Proposer’s human and physical resources are sufficient to execute the Contract. This shall include information on their overall management organization and capabilities, such as organizational leadership and reporting structure, quality control, quality assurance, research and development, technical expertise, training and parts support, response time, product capabilities, warranty support, and ability to furnish multiple vehicle configurations (where applicable). The

The Technical Proposal must include an overview of the Proposer’s engineering, management and service organizations and management approach. This must include an organizational chart of the project team identifying key staff members, including the Project Manager, a description of team member roles and responsibilities, and a demonstration of personnel experience and qualifications. Include resumes of key staff. Describe the requisite disciplines, licenses, skills, experience and equipment that will be utilized to execute all phases of the Contract. The management approach must outline the Proposer’s approach to managing execution of the Contract, including but not limited to completion of the pre-production meeting, producing and delivering complete vehicles on time, engineering change control procedures, issue resolution, field modification processes, and warranty support. Include information demonstrating the Proposer’s qualifications and ability to meet the provisions of Section 9 Quality Assurance.

The Technical Proposal shall include manufacturing plant and test facility layout plans and functional descriptions, as well as other evidence that the manufacturing facilities are sufficient to produce and factory-test equipment per the Contract. Include total manufacturing capacity in annual throughput and current backlog. Provide information on how the Proposer will meet the requirements in Section 8 Warranty Requirements and Section 6 Special Provisions. Complete and include Exhibit E - Contractor Service and Parts Support Data Form.

The Proposer must also include an overview of the curriculum for the maintenance and operator training program, proposed instructors and their qualifications, locations, and availability, as well as training methods.

3.10.2.3 Delivery Timeline

Proposers must provide their production and vehicle delivery timeline. Because the order quantities and execution timing under this Contract may vary, the Proposer shall include their timeline for completing a build order, from NTP through production to delivery. The timeline must indicate durations, milestones, and maximum throughput of vehicles. Proposers must provide evidence that the timeline can be accomplished. This evidence must include a chart of delivery performance of vehicles purchased in the last two (2) years that identifies the original agreed upon delivery date and the actual delivery date. It must also include information on other contracted commitments for the duration of this Contract.

3.10.3 Tab 2: Price Proposal

The Price Proposal shall include the Proposer’s Price Proposal Form. The Contractor is required to use MassDOT’s form, without alteration, for submittal of its Price Proposal. If awarded a Contract, the information on the Proposer’s Price Proposal Form shall become the Pricing Schedule.

Where the Proposer is proposing multiple types of vehicles, the Proposer shall complete a Price Proposal Form for each vehicle numbered in reference to the associated Technical Proposal. The Proposer shall fill in all items in the Proposer’s Price Proposal Form and complete all calculations. The Proposer must specify prices in US dollars. The prices contained in the Price Proposal shall include all costs and expenses for the work required by this Contract, including labor, parts, materials, manuals, training, special tools, and shipping except where exemptions apply as noted in this Contract. The Proposer shall be liable for payment of all local taxes applicable to the complete vehicle as delivered and should add these amounts to the Proposal price, except where exemptions apply as noted in this Contract. The Price

Proposal shall also include a per vehicle unit price for the MBTA-specific requirements within Section 7 Technical Specifications.

The Price Proposal shall also include the Proposer’s value-added elements beyond the requirements in the Technical Specifications, if any, that would provide benefits under this Contract, such as:

• Optional vehicle features at no cost

• Optional component training at no cost

• Other value-added incentives (reduced weight, fuel economy)

If the Proposer offers Value-Added Elements, the Proposal must also include a verifiable and detailed cost analysis for MassDOT to confirm whether it provides added value. Proposers may include discounts (such as for larger quantity vehicle orders), uncharged commodities, or additional services beyond the requirements in this RFP.

3.10.4 Tab 3: Qualification Requirements

Each Proposer must provide the qualification information listed below about its organization, including but not limited to information regarding proposed subcontractors (if applicable for the project) that will be part of the Proposer’s team for the duration of the contract. Each Proposer must also complete, sign, and submit the forms referenced in this section with their Proposal. MassDOT requests that the Proposer limit the use of marketing materials when responding to these requirements.

1. Financial Documentation o Provide a statement that the Proposer has not been in bankruptcy in the last three (3) calendar years and has no present intent to file for bankruptcy.

o Explain how its financial capability and its resources will not be adversely affected by any other existing or potential contracts it holds or by any other major business commitment(s) including senior liens and other financial pledges.

o Identify any subsidiary or affiliated companies in which the Proposer has a financial interest.

o Submit a statement that identifies any parent, affiliate, or subsidiary organization to the Proposer and describes the contract work under this RFP that the parent or subsidiary plans to perform.

o Provide information on all direct and indirect business activities or contractual obligations that may pose a potential conflict or otherwise affect or influence the Proposer’s abilities to fulfill the contract in full accordance with the requirements of this RFP. Provide a list of commitments, and potential commitments, which may affect assets, lines of credit, guarantor letters, or otherwise affect the Proposer’s ability to perform the contract.

o Include a statement as to any judgments, litigations, licensing violations, or other violations, outstanding or resolved, associated with the Proposer.

o Submit a copy of its audited financial statements for the past two (2) years as part of its proposal. If a Proposer does not produce audited financial statements, it shall submit any financial statements that it does have (e.g., Income or Profit & Loss Statement, Balance Sheet) and any other information the Proposer feels is pertinent in establishing the financial stability of its business/organization.

o Submit a Certificate of Insurance that indicates the Proposer’s ability to obtain the insurance coverage in accordance with the RFP requirements set forth in Section 6.8 Insurance.

2. Evidence that the Proposer’s name does not appear on U.S. Comptroller General’s List of Ineligible Contractors for federally financed and assisted contracts or Proposer is not presently debarred from providing goods and/or services to the Commonwealth under the provisions of M.G.L. c. 29 §29F, or any other applicable debarment provision of any other chapter of the general laws or any rule or regulation promulgated there under.

3. At least five (5) customer references that are public transit agencies currently operating the proposed vehicles detailed on Exhibit F – Business Reference Form. The customer references shall include MassDOT’s name, the contact’s name and title, telephone number, and email address of the person most familiar with the contract; the dollar amount of the contract; a description of the vehicle type, and the dates that these programs/projects were completed.

4. Proposers must produce the following certifications, contained in Exhibit G – Federal Certifications, which demonstrate compliance with applicable federal requirements in Section

5.30 Federal Requirements:

a. Transit Vehicle Manufacturer Certification of Disadvantaged Business Enterprise Participation

b. Buy America Certification

c. Certification of Compliance with Vehicle Testing Requirement

d. Debarment and Suspension Certification for Prospective Contractor

e. Lobbying Certification

f. Non-Collusion Affidavit

g. Federal Motor Vehicle Safety Standards

5. Exhibit H - Conflict of Interest Form

6. Exhibit I - Contractor Authorized Signature Form

7. Exhibit A - Acknowledgment of Receipt of Addenda

3.10.5 Tab 4: Proprietary/Confidential Information Requirements

The Proposer is directed to collect and submit any information it deems to be proprietary or confidential in nature in a separate tab. If there is no confidential information, then the Proposer should include a statement to that effect. Subject tab shall be submitted in accordance with the terms and conditions governing the submittal of the Proposer’s Proposal to this RFP. Blanket-type identification by designating whole pages or sections containing proprietary information, trade secrets, or confidential commercial and financial information will not ensure confidentiality. The specific proprietary information, trade secrets, or confidential commercial and financial information must be clearly identified as such.

3.11 MassDOT Treatment of Proprietary/Confidential Information

The Proposer is advised that MassDOT is a public instrumentality and as such may be subject to certain state and/or local Public Records Act provisions regarding the release of information concerning this RFP.

All responses and information submitted in response to this RFP are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10. Except as provided by M.G.L. c. 66 s. 10, all materials submitted are subject to release as public records. If a Proposer has special concerns about information which it desires to make available to MassDOT but believes it to constitute a trade secret, proprietary information, or other information excepted from disclosure, Proposer shall specifically and conspicuously designate that information by placing “CONFIDENTIAL” in the header or footer of each such page affected and by identifying such confidential information in the Transmittal letter that accompanies a Proposer’s Response. Nothing in this RFP shall modify or amend MassDOT’s obligations imposed by the Public Records Law or other applicable law. The provisions of the Public Records Law shall control in the event of a conflict between this provision and applicable law.

If MassDOT receives a request for public disclosure of any portion of a Proposer submittal that is designated as confidential, MassDOT will endeavor to use reasonable efforts to notify the Proposer of the request. The Proposer can assert, in writing and at its sole expense, a claimed exception under the Public

Records Law or other applicable law within the time period specified in the notice issued by MassDOT allowed under the Public Records Law. Proposer can choose to defend any action seeking release of the records it believes to be confidential information. Proposer shall indemnify, defend and hold harmless MassDOT and its agents and employees from any judgments awarded against MassDOT and its agents and employees in favor of the party requesting the records, including all costs connected with that defense. Proposer agrees that this indemnification survives as long as the confidential business information is in the hands of MassDOT.

3.12 Signing of Proposals

On the Exhibit C - Pre-Award Evaluation Data Form, Proposals shall include firm name (and, in the event that the Proposer is a joint venture, the names of the individual firms…