Amended IM RFR_3 9 16.docx

The Commonwealth of Massachusetts Registry of Motor vehicles, a Division of the Massachusetts Department of Transportation

Amended Request for Response (RFR)

Document Title: Vehicle Inspection and Maintenance Program

COMMBUYS Bid#: BD-16-1030-0R100-0R001-00000006553 Agency Document Number: MDOTBOSTON-IM

March 9, 2016

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 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.

TABLE OF CONTENTS

SEPARATE ATTACHMENTS

Amended Attachment A MASS17 Vehicle Inspection Database –Workstation Functional Specification Attachment B RMV’s Automated Licensing And Registration System (ALARS) Interface Specification Attachment C MassDEP and RMV Computing Environments

Amended Attachment K Bidder’s Response Checklist

The Massachusetts Department of Environmental Protection (“MassDEP”) and the Massachusetts Department of Transportation’s Registry of Motor Vehicles Division (“MassDOT/RMV”) (collectively the “Agencies”) implement the Emissions and Safety Test Program (“the Program”), which is a key part of the Commonwealth’s plan to achieve and maintain clean air and to promote motor vehicle safety. In this Request for Responses (“RFR”), the Agencies are seeking responses from Bidders to plan and implement the Program so that the new Program is in place when the current Program Contract expires on September 30, 2017. The Agencies anticipate awarding a five-year Contract with the opportunity for up to three Contract extensions, of up to three years each, to perform the following functions:

1. manage and implement the Program, including developing and managing the Inspection Station network (as defined in Appendix 2); developing and implementing inspection protocols; and acquiring, providing, and maintaining Inspection Station equipment and data systems. The Contractor selected to manage the Program will also train Program inspectors and provide communications to the public, inspectors, and repairers;

1. promote effective repairs by providing assistance to stations and motorists for vehicles that fail the emissions test under the Program and provide training for emissions-related repairs; and

1. conduct covert vehicle and covert visual audits of Inspection Stations performing emissions and safety tests.

The Agencies intend to hire one Contractor under this RFR and Bidders must submit Responses covering all of the functions listed above, in accordance with all requirements set forth in this RFR and all Attachments.

1.2 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are Fee for Service.

1.3 Applicable Procurement Law

This bid is issued under the following laws:

MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.4 Number of Awards

The Agencies intend to hire one Contractor under this RFR.

1.5 Eligible Entities

Any contract resulting from the Bid will be open to use to the Agencies only.

1.6 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Total Maximum Contract Duration

1.7 Estimated Value of the Contract

The Contractor shall be paid on a per inspection basis.

In 2013, approximately 4.72 million vehicles were registered in Massachusetts. Of those, 4.47 million received at least one inspection. The Agencies will guarantee that the Contractor is paid for a minimum of 4.4 million inspections per Program Year for the full duration of this Contract, including all potential extensions.

The estimated value of purchase(s) including all optional items and all potential contract renewals resulting from this RFR is expected to exceed $500,000 U.S. dollars. The Agencies make no guarantee that any services will be purchased from any Contract resulting from thisRFR. Any estimates or past procurements referenced in this RFR are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

1.8 Overview of the Inspection and Maintenance Program

MassDEP and MassDOT/RMV are jointly responsible for the implementation of the Program, which began on October 1, 1999. The Program improves air quality in the Commonwealth and helps to ensure that motor vehicles registered in Massachusetts are safe to drive. The Program was established pursuant to M.G.L. c. 111, §142M, and M.G.L. c.21A, §§2(28) and 16, and M.G.L. c. 90, §§7A, 7V, 7W, 20 and 31.[footnoteRef:1] In January 1999, MassDEP promulgated amendments[footnoteRef:2] to 310 CMR 60.00 et seq. and MassDOT/RMV promulgated amendments[footnoteRef:3] to 540 CMR 4.00-4.09; these regulations, in their present form and as may be amended in the future, govern the Program. The current Program requires most On-Board Diagnostic (OBD)-equipped vehicles newer than 15 model years old to be tested with OBD equipment. OBD computer systems on vehicles determine whether emissions control systems or related vehicle components are operating properly. Model year 1984 and newer heavy-duty diesel vehicles over 10,000 pounds Gross Vehicle Weight Rating (GVWR) are required to receive an opacity test if these vehicles are not otherwise subject to an OBD emissions test. [1: Link to Mass General Laws. https://malegislature.gov/Laws/GeneralLaws/Search] [2: 310 CMR 60: http://www.mass.gov/eea/agencies/massdep/air/regulations/310-cmr-60-00-air-pollution-control-for-mobile-sources.html] [3: 540 CMR 4.00: http://www.mass.gov/courts/docs/lawlib/500-599cmr/540cmr4.pdf]

The Program seeks to attain the following core goals:

1. Pollution reduction - Vehicles with high emissions levels are identified and repaired using test equipment appropriate for today’s high-tech vehicles.

1. Safe motor vehicles – A comprehensive safety check, which ensures that all motor vehicles meet minimum safety standards at the time of inspection.

1. Motorist convenience – The test must be as convenient as possible for Massachusetts motorists.

1. Fitting-in with the automotive service industry – Attractive business opportunities must be provided to the Program’s private sector partners: the Massachusetts Inspection Stations and repair shops that test and fix vehicles.

The current Contract for the Program expires on September 30, 2017.

Under the next Program Contract, the Agencies will continue with a decentralized program with annual emissions and safety tests performed at motor vehicle “test and repair” shops and related businesses statewide. The emissions test component of the Program will rely primarily on an OBD test. Newer OBD-equipped heavy-duty vehicles will be subject to an OBD test, and older heavy-duty diesel vehicles will continue to receive an opacity test. The Massachusetts Commercial Motor Vehicle Inspection will continue to be certified by the Federal Motor Carrier Safety Administration (FMCSA) as equivalent to the periodic inspection required by the FMCSA pursuant to 49 CFR 396.17 for all commercial motor vehicles over 10,000 lbs. gross weight or gross combination weight and certain other vehicles as defined in 49 CFR 390.5. The Agencies estimate that approximately 4.6 million inspections will occur each year.

To improve the Program’s ability to meet its core goals, the Agencies have identified the following key improvements to be implemented by the Contractor with this Contract:

Scan Tool – The Program shall require California Bureau of Automotive Repair (BAR) Data Acquisition Device (DAD) hardware for the Massachusetts OBD scan tool.

Inspection interrupt – when emission test data are inconsistent with what is expected for a vehicle, the Database will interrupt the inspection to enable a video conference between qualified Contractor personnel and the Inspector to determine the cause.

Opacity Meters – because of the initial cost of the diesel test equipment, stations will be given the option to continue using these devices or to purchase new equipment from the Contractor.

Cameras – Inspection Stations will be fitted with several cameras to improve inspection quality:

In-bay cameras – these cameras will be permanently mounted in the Inspection bays and record video (without audio) and still images during all Inspections.

Workstation-mounted camera – this camera will capture an image of the Inspector during log-in. It will also be used to hold a video conference with the Inspector, when enabled by the Program software, should anything unusual be detected by Program software during the inspection.

Portable hand-held camera – this camera will be used by the Inspector to capture various images of the vehicle, such as the front and rear license plate, odometer, and VIN plate. The Inspector may also use it to document safety failures, which may be useful if a motorist challenges the safety test results. No other portion of the vehicle unrelated to the inspection process shall be photographed.

Stickers – the Agencies are seeking ideas for alternative sticker design options that will simplify sticker management, and make it easier for Inspectors to affix stickers to windshields.

1.8.1 The Need for the Program

Historically, Massachusetts has experienced air quality that did not meet the national ozone standard. Massachusetts was designated as serious nonattainment with the initial 1-hour ozone standard. In 1997, EPA promulgated a new 8-hour ozone standard of 0.08 parts per million (ppm) that was designed to be more representative of exposure over time, rather than just the maximum concentration. Massachusetts was designated as moderate nonattainment of this standard. However, ozone monitors currently show that Massachusetts meets the 1997 ozone standard statewide.

In 2008, EPA lowered the 8-hour ozone standard to 0.075 ppm and Dukes County was designated as marginal nonattainment and with the remainder of the Commonwealth as unclassifiable/attainment. Ozone monitors currently show that Dukes County now meets the 2008 ozone standard. While air quality currently meets the ozone standard, Massachusetts still experiences elevated ozone levels that can affect public health and the environment. In addition, EPA is expected to further lower the ozone standard in October 2015, which may bring Massachusetts back into nonattainment for ozone.

The 2011 inventory of ozone causing pollutants (volatile organic compounds and nitrogen oxides) for Massachusetts indicates that on-road Motor Vehicles are significant contributors to the Commonwealth’s ozone problem. These Motor Vehicles emit approximately 35% of the ozone causing pollutants in Massachusetts. The Program is a key element in the Massachusetts State Implementation Plan (SIP) to reduce ozone pollution and achieve and maintain clean air.

The safety inspection portion of the Program aims to ensure that all Motor Vehicles meet minimum safety standards at the time of inspection and are free from defects that would impair the safe operation of a Motor Vehicle. The safety inspection includes, but is not limited to, ensuring that a Motor Vehicle’s major mechanical components are in safe working order. Ensuring that a motor vehicle meets minimum safety standards for operation greatly reduces the risk of personal injury to the operator and the motoring public.

1.8.2 Promoting Competition

The Program will create a wide range of business opportunities in addition to providing inspections. The emissions and safety tests will expand markets for products and services ranging from inspection equipment and maintenance to necessary vehicle repairs. Additionally, this RFR encourages competition by: (1) requiring Bidders to submit costs to the Agencies for using one or more equipment and maintenance suppliers; (2) promoting the purchase of inspection equipment and maintenance services in bulk to obtain a more competitive price; and (3) encouraging Bidders to retain competent subcontractors who are identified in responses to the RFR and approved by the Agencies. The Agencies also encourage Bidders to consider ways to provide better service and/or lower cost through increased vendor competition.

at 10a.m.

MassDEP, One Winter Street, 2nd floor, Boston, MA Webinar Link: To be posted 5 days before Conference date, via COMMBUYS

Bidders will be notified individually and be given at least 1 week’s advance notice if Interviews are required.

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 and any amendments to the RFR.

2.2 Written Questions via the Bid Q&As on COMMBUYS

Bidders shall not communicate directly with any employee of the Agencies except as specified in this RFR. The point of contact person for each Agency for this procurement is as follows:

Two Bid Q&A periods are being provided for this RFR. The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadlines for Submission of Questions stated in the Estimated Procurement Schedule. The Agencies reserve the right not to respond to questions submitted after these dates. It is the Bidder’s responsibility to verify questions were appropriately submitted to COMMBUYS.

Please note that any questions submitted using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders should review all questions previously submitted on COMMBUYS to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public and are public record. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The Agencies reserve the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth, the Agencies, or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current 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 Agencies, including requests for clarification. The Agencies and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Agencies to be lost or rejected by any means including email or spam filtering.

Locating Bid Q&A: Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

2.3 COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Responses through COMMBUYS:

· Appendix 9, Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

· Training sessions focused on online Quote submission are noted in the Estimated Procurement Calendar;

· An online job aid on How to Create a Quote;

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

2.4 Amendment Deadline

The Agencies reserve the right to make amendments to the Bid after initial publication, through the amendment date set forth in the Procurement Calendar Table set forth in RFR section 2.1. 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 Agencies and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Response based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2.5 Review Rights

Responses to this RFR may be reviewed and evaluated by any person(s) at the discretion of the Agencies including non-allied and independent consultants retained by the Agencies now or in the future, for the sole purpose of obtaining an analysis of Responses. Any and all Bidders may be asked to further explain or clarify in writing areas of their RFR Response during the review process. The Agencies retain the right to request further information from bidders during RFR response review.

2.6 Bidders’ Physical Conference/Webinar

The Bidders’ Conference/Webinar is the conference conducted by the Agencies for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. The date/time and location of the Bidder’s Conference/Webinar is presented in the Estimated Procurement Calendar in RFR Section 2.1. While Bidders may ask questions for response by the Agencies on an informal basis during the Conference/Webinar, Bidders must formally submit all questions to the Agencies in writing via COMMBUYS and the Agencies will post all submitted questions and the Agencies’ official answers on the COMMBUYS website in accordance with the requirements of RFR Section 2.2 and within the timeframes set forth in the Estimated Procurement Calendar. Only written responses posted by the Agencies on COMMBUYS shall be considered official responses.

While attendance at the Bidders’ Conference/Webinar is not a requirement for Bidders, attendance is highly recommended for firms are considering submitting a Response. Please refer to the COMMBUYS website for any updated information. Details of the webinar will be posted on COMMBUYS.

2.7 Project Proposal Presentations and Interviews

At its sole discretion and at its option, the Agencies may require any or none of the Bidders to conduct presentations of their proposal and interviews of key project personnel. The purpose of the presentation/interview is to enable the Agencies to better understand and evaluate the Bidder’s RFR Response, the Bidder’s proposed teams, and the Bidder’s ability to be successful.

The Agencies will determine the structure and content of the presentations/interviews andwill contact the Bidder(s) individually, with at least 1 week’s notice, to schedule the session, which will take place during the timeframe specified in the procurement calendar. Bidders who are asked to participate in the presentations/interviews will be expected to prioritize this in their schedules. The Strategic Sourcing Team (SST) will make every effort to find a mutually convenient time for the Bidder and the SST. However, failure to appear at the scheduled time of the presentation/interview may result in disqualification, reduction of points or other actions that the SST deems appropriate.

The Bidder’s key personnel identified in its RFR response are expected to attend the session. The SST will not inform a Bidder of its scores or ranking at the time of the session. This material and all written submissions become part of the Procurement File.

Presentations may be videotaped by the Agencies at their expense and thereby become public records and part of the Bidder’s RFR Response after the conclusion of the RFR process. All other expenses associated with the presentations and/or demonstrations will be borne by the Bidder.

The goal of this RFR is to select a Bidder to perform the role of Network Contractor (Contractor) to continue the functions of the Agencies’ Program , to achieve the shared goals of cleaner air and safer roads.

Contractor responsibilities are set forth in detail in Section 6 of the RFR and in related RFR Attachments. In general, the Contractor’s responsibility during the term of the Contract is to manage the operation of the network of inspection stations and registered emissions repair facilities located throughout Massachusetts, and to provide resources for motorists, inspectors, inspection stations, and repairers to accomplish the Program’s shared goals.

Central to the Contractor’s ability to fulfill the Program requirements is the creation, implementation and maintenance of the next generation of Vehicle Inspection Database (VID). The VID holds all Program-related data and must have the capability to perform the following functions:

· Commands to the workstations in the inspection stations necessary to provide complete emissions and safety tests for all vehicle types, and the resulting inspection data;

· Selected inspection data migrated from the current VID, for program continuity and ease of access to historical vehicle data;

· Scheduling of inspector and repairer training, the results of the training, and the permissions associated with the training results;

· Data transmitted to the Registry of Motor Vehicles Automated Licensing and Registration System (ALARS) documenting the results of each inspection;

· Data from ALARS adequate to allow the VID to operate independently from ALARS in the event of an inability of the VID and ALARS to communicate;

· Management of financial transactions between the inspection stations, the Contractor, and the Commonwealth;

· Covert vehicle and visual audit results;

· RMV’s Violations, Investigations, and Scheduling, Information and Tracking System (VISITS);

· Scheduling of appointments to Motorist Assistance Centers, and the inspection results from diagnostic tests performed at the Centers;

· Managing the issuance of waivers and economic hardship extensions to qualifying vehicles;

· Documentation of telephone calls and e-mails to the Motorist Assistance Hotlilne, and the Station Support Hotline, including repairs performed on inspection station workstations and consumables supplied to the stations; and

· Inspection station and registered emissions repairer location data needed for the station locators on the Program’s web site.

The VID must have the ability to interface with the RMV’s existing ALARS system, and have the flexibility to function during the transition to the upgraded ALARS system.

The Contractor is also required to provide reports to the Agencies from the VID, including data for annual and biennial reports mandated by the Environmental Protection Agency (EPA). The Contractor must also provide query tools to the Agencies for monitoring station and network activity and generating their own reports.

The Network Contractor is required to implement the Program with inspection stations by providing them with the workstations necessary to perform emissions and safety tests (equipment to be purchased by the inspection stations), and contracting with the stations for the use of the workstations. These Contract agreements with the stations specify the conditions by which inspection stations are allowed to conduct inspections, and must be approved by the Agencies.

Finally, the Contractor must remain fully responsible for the operation of the VID, and must ensure the security of the data and the performance of the System, whether of not the System is hosted by a third party cloud provider. In the response to this RFR, Bidders must explain how the proposed Database (particularly its hosting elements) will be structured to ensure that the Database System will adhere to all Commonwealth-required IT standards and policies. More details regarding the Database functional specifications are set forth in Attachments A, D, and E.

3.0.2 The Components of this RFR

This RFR contains: (1) a description of the Program, including an overview of the emissions and safety test; (2) a description of Contractor Responsibilities, including Network, Workstation, and data management responsibilities, training, communications, covert auditing, the Vehicle Maintenance Initiative, and the network of Motorist Assistance Centers; and (3) descriptions and lists of required Bidder Response Elements. These three descriptions provide Bidders with both the objectives that the Program must achieve and the work the Program Contractor must perform after award of this Contract. The RFR also specifically identifies those responsibilities for which Bidders are encouraged to identify and retain competent subcontractors, which must be approved by the Agencies, as part of the Bidders’ key personnel team as identified in their RFR Responses.

The Agencies require each Bidder to propose in the RFR Response their specific approach to achieve the Program’s objectives. Bidders should take advantage of the flexibility allowed under this RFR to present any measures, alternatives, or approaches they believe will improve inspections, enhance repairs, reduce costs, or otherwise benefit the Commonwealth, even though such measures may be beyond the minimum requirements of this RFR. Despite offering any alternative measures within the bids, Bidders must respond to any and all mandatory requirements specified herein.

3.1 Minimum Mandatory Requirements for this RFR

Introduction: All specifications in RFR Section 3 include the minimum mandatory requirements for each Bidder’s RFR Response, as well as certain optional (as desirable, or highly desirable) components for the RFR Response. A Response that fails to meet the mandatory specifications in this section may, at the sole discretion of the Agencies, be immediately eliminated from consideration for this engagement. All terms contained within this RFR and any attachments shall be interpreted solely by the Agencies.

3.1.1 Conditions that Apply to All Bidders Responding to this RFR General requirement for Bidders to comply with and agree to all terms and conditions of this RFR By submitting a response to this RFR, Bidders expressly acknowledge and affirm that they will comply with every requirement and condition specified in the RFR (including all RFR Attachments), and with any subsequent Contract awarded pursuant to this RFR. By submitting a response to this RFR, Bidders agree to and accept all of the terms, conditions, and requirements set forth in this RFR, the standard contract, the MassDOT and Commonwealth Standard Contract Forms, and the MassDOT and Commonwealth Standard Terms and Conditions. The Agencies also direct the Bidders to the following requirements and conditions applicable to all responses to this RFR:

3.1.1.1 Costs Incurred Responding to this RFR

The Commonwealth and its subdivisions do not assume any responsibility or liability for costs incurred in responding to this RFR or any other costs incurred prior to both the Commonwealth and a selected Bidder signing a Contract and subsequent issuance of a written notice to proceed under such Contract.

3.1.1.2 References to Brand Names

Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any good or service, and the Agencies may consider clearly identified offers of substantially equivalent goods and services submitted in response to such reference.

3.1.1.3 Product Management and Ownership

Third-party ancillary products from companies that are partners of the Bidder may also be proposed, as long as the Bidder has acquired any and all rights, grants, assignments, conveyances, licenses, permissions and authorizations necessary to provide the solution to the Agencies and maintain and support the hardware and software that are part of such solution. (See requirements in Attachment F, draft Scope of Services, Articles X and XV.)

3.1.1.4 Specific requirement for all Bidders to comply with and agree to all Information Technology (IT) terms and conditions of this RFR As described above, a central component of the Program is the Contractor’s creation, implementation and maintenance of the Vehicle Inspection Database (VID). By submitting a response to this RFR, Bidders expressly acknowledge and affirm that they will comply with every applicable requirement and condition mandated by the Commonwealth’s Enterprise Policies and Standards (see Appendix 6), including but not limited to the following specific areas of concern:

1. Accessibility Standards, which must be met as a pre-condition of Contract execution, to ensure that Commonwealth information technology solutions are available and accessible to people with disabilities. Please see Appendix 7 for more details on Accessibility Obligations.

2. Security Policies and Standards, including but not limited to Access Control Security, Information Security, Data Classification, and Physical & Environmental Security to ensure that the system can properly classify data sensitivity levels, appropriately track data, and secure data. See Appendix 6 for more details.

3. Compliance with agency systems/applications: All IT systems and applications developed by or for Executive department agencies must conform to all relevant Enterprise Information Technology Policies, Standards and Guidelines promulgated by the Massachusetts Office of Information Technology (MassIT) as they exist at the time of this RFR’s publishing. See Appendix 6.

4. Compliance with all Cloud Terms and Conditions (see ATTACHMENT L) with respect to all applicable components of the VID.

3.1.1.5. Data Ownership, Classification, Retention and Database Preferences The Bidder is advised that all data generated and/or received by the Agencies, the Inspection Stations, or otherwise through the Program is the property of the Commonwealth and the Agencies. All data must be stored, protected, retained, and transmitted in accordance with the applicable laws, regulations, rules, and policies, including without limitation the Enterprise IT standards referred to in Section 3.1.1.4 above, and record retention schedules required by both Federal and State statutes. Applicable laws include, without limitations:

1. Federal Driver Privacy Protection Act, 18 U.S.C. §§2721-2725;

2. Massachusetts Public Records Law, M.G.L. c. 66, §10;

3. Massachusetts Security Breach and Breach Notification Laws, M.G.L. c. 93H and 93I;

4. Massachusetts Fair Information Practices Act, M.G.L. c. 66A;

5. Massachusetts Executive Order 504 (Order Regarding the Security and Confidentiality of Personal Information); and

6. Massachusetts Records Retention Law, M.G.L. chapter 30, section 42.

Therefore, the successful Bidder must comply with these legal requirements when developing, installing, servicing, and maintaining the data system for the Program. Prior to handling any data, the successful Bidder must work with the Agencies to classify the data and identify which laws apply. For each component of the Program involving data, the successful Bidder shall create written documentation identifying the data fields, applicable law, and evidence of compliance, subject to approval by the Agencies.

3.1.2 Format of Responses and Attachments

The Agencies have established a standard response format to allow the Agencies to more readily review and compare RFR Responses. This format is provided in the “Response Format” box found in RFR Section 5.4.4. The Agencies, in their sole discretion, may disqualify RFR Responses that deviate from this format.

Bidders shall divide their responses into two parts, as follows:

The Technical Response, which must clearly address each Response Element listed in RFR Section 3.2 (including any related Appendices and Attachments). As part of the Technical Response, Bidders must also provide the Agencies with the sample Workstation equipment requested in RFR Section 3.2.1.3.E. Sample Workstation equipment must be submitted in accordance with the requirements of RFR Section 5.

The Cost Response, which must clearly address each Response Element and provide all other information requested in RFR Section 3.3, (including any related Appendices and Attachments). The Cost Response shall also include Bidder Financial Qualifications required in RFR Sections 3.3.6. Bidders shall ensure that cost information is contained exclusively in the Cost Response.

Bidders shall keep the contents of the Technical Response and the Cost Response entirely separate and submitted in a separately sealed section of the bids and within a separate electronic medium. No cost data can be included in the Technical Response. Inclusion of cost in the Technical Response would be grounds for disqualification.

3.1.3 Contractor Responsibilities versus Bidder Response Elements As indicated, this RFR Section 3 specifies the requirements that all Bidders must respond to in order to submit a complete response to this RFR. In order to facilitate comprehensive responses to the RFR, Section 6 specifies, in detail, all Contractor responsibilities for the Program that are required throughout the Contract term. In addition to the the Program requirements as set forth in RFR Section 6, the following attachments to this RFR provide more details about certain aspects of the Program specifications. Rather than dispersing these details throughout the RFR, this information is consolidated into the following Attachments to facilitate a more comprehensive understanding of the Program specifications in order to assist the Bidders in formulating a more comprehensive Response to the RFR Requirements:

· Attachment A MASS17 Vehicle Inspection Database/Workstation Functional Specification. This attachment provides a comprehensive description of the functions the workstation is expected to perform, including functions or decisions controlled by the database.

· Attachment B RMV’s Automated Licensing And Registration System (ALARS) Interface Specification. This attachment describes the communication between the database and RMV’s ALARS.

· Attachment C MassDEP and RMV Computing Environments. This attachment describes the computing environments currently in use by MassDOT/RMV and MassDEP offices, to ensure compatibility with the reporting or other services to be provided by the contractor.

· Attachment L Cloud Terms and Conditions

· Attachment M Security Functional Specifications. As indicated in RFR Section 3.2.1.5E, Bidders MUST present a high-leval proposal that includes a Security Plan as part of the RFR Technical Response.

This RFR designates Contractor responsibilities with the words “the Contractor will or shall” or “the Contractor must.” Bidders are not required to address all of the Contractor responsibilities described in Section 6 in the Technical Response, although this RFR does provide cross-references to the Contractor Responsiblities for each Program component for the convenience of the Bidders in formulating their Technical Responses. However, in the Cost Response, the Bidders must address ALL Contractor responsibilities in the cross referenced sections, regardless of whether or not they are specifically called out in the Technical Response.

Mandatory Response Elements are the Technical and Cost items that must be submitted for a Response to be considered complete and responsive. Mandatory Response Elements are described in Section 3 of this RFR. The Response Elements deliberately address only a subset of the Contractor’s responsibilities. The Agencies selected these Response Elements to elicit the specific information they need to choose the most cost-effective and responsive Bidder. The RFR designates mandatory response elements with the words “Bidder(s) shall” or “Bidder(s) must.” Where the RFR uses the terms “Bidder(s) may” or “Bidder(s) should,” the item identified is optional.

In some cases, the Response Elements ask Bidders to demonstrate their ability to meet a performance standard. In addressing this type of Response Element, Bidders should provide a specific example, such as field data or convincing qualitative evidence. In other cases, the Agencies ask Bidders to outline their strategies for a particular part of the Program as an indicator of their qualifications to run the Program. For example, in RFR Section 3.2.1.7, Bidders are asked to outline their proposed Inspector-training program. In addressing this type of Response Element, Bidders should describe their ideas and highlight how they would implement and manage the Inspector training program. In no case should marketing literature be submitted as a substitute for the requested demonstration or outlines; Bidders who only submit marketing literature to address Response Element may lose points in the Agencies’ evaluation process.

While a complete RFR Response must cover all the Response Elements, the Agencies do not expect an exhaustive discussion of each and every Response Element. Rather, they expect Bidders to emphasize the Response Elements they consider most crucial for Program success. For example, if a Bidder considers a specific aspect of Motorist Communications a priority, their response should emphasize that Response Element. The Agencies’ evaluation will assess how effectively each RFR Response addresses the mandatory Response Elements. To the extent a Bidder proposes better or more cost-effective performance than anticipated under the minimum Contractor requirements set out in the RFR, the Agencies may give the Response a superior rating.

3.2 Technical Response

The Bidder’s Technical Response shall consist of the Bidder Technical Response Elements in RFR Section 3.2.1 and the additional documentation required in RFR Section 3.2.2.

3.2.1 Bidder Technical Response Elements

3.2.1.1. Program Description (See RFR Section 6.1)

A. Bidders shall submit a flow diagram for the inspection process, showing each step in the inspection process, including what happens if a vehicle fails the emissions and/or safety test.

3.2.1.2. Inspection Station Network (See RFR Section 6.2)

A. Bidders shall submit draft standards that all Inspection Stations using equipment procured from the Contractor must meet to connect to the network. Bidders shall indicate those standards that apply to each different class of Inspection Station.

B. For the Alternative Provision of Equipment described in RFR Section 6.2.3, Bidders shall submit draft standards that all Inspection Stations using equipment procured from suppliers other than the Contractor must meet to connect to the network. Bidders shall indicate those standards that apply to each different class of Inspection Station. (See also RFR Sections 3.3.4 and 6.2.3) C. Bidders shall describe the key elements of their standard Inspection Station agreements for: (1) Inspection Stations using equipment, maintenance and consumables procured from the Contractor, and (2) Inspection Stations using equipment, maintenance and consumables procured from suppliers other than the Contractor.