Ballast_Car_RFR_Final.docx

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Ballast Cars
Solicitation number
BD-15-1030-0T100-0T281-00000001841
Issued by
Plymouth County, Massachusetts

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This document is a Request for Response (RFR) issued by the Massachusetts Department of Transportation (MassDOT) Rail Division for the procurement of twenty (20) open top ballast cars. The ballast cars must have 4 ballast discharge outlets, a minimum 2000 cubic foot ballast capacity (level load), and a braking system. The RFR provides detailed specifications for the ballast cars, including requirements for the discharge outlets, trucks and wheels, brake systems, couplers and draft gear, and painting. The RFR also outlines the scope of work, which includes equipment procurement, manuals and training, pre-delivery testing and inspection, post-delivery inspection and testing, and regulatory compliance. Bidders must submit their proposals by November 13, 2014, and MassDOT plans to award the contract by November 25, 2014. The contract will be for a one-year period.

The RFR includes pricing limitations, indicating that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period. Bidders are also required to offer discounts through participation in the Commonwealth's Prompt Payment Discount (PPD) initiative. The RFR also includes a Supplier Diversity Program (SDP) requirement, where Minority and Women Business Enterprises (M/WBEs) are encouraged to submit responses, and the SDP Plan will be evaluated as part of the overall proposal.

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RFQ - Required Specifications

Massachusetts Department of Transportation

Rail Division

REQUEST FOR RESPONSE (RFR)

BALLAST CAR

RFR # MDOTBOSTON12

COMMBUY BID # BD-15-1030-0T100-0T281-00000001841

CONTACT INFORMATION:

Tom Stein Federal Procurement Officer Massachusetts Department of Transportation 10 Park Plaza, Room 5510 Boston, MA 02116 Phone: (857) 368-9141 Tom.stein@state.ma.us

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.

RFR – Ballast Car

TABLE OF CONTENTS

1.0 - General and Required Specifications3
1.1Supplier Diversity Program (SDP).4
1.2Supplier Diversity Program. Subcontracting Policies..4
1.3Agricultural Products Preference.5
1.4Best Value Selection and Negotiation..5
1.5Bidder Communication5
1.6CommBuys Marketplace. .5
1.7CommBuys Subscription6
1.8Contract Expansion..6
1.9Costs.6
1.10Debriefing.7
1.11Electronic Communication/Update of Bidder’s/Contractor’s Contact Information7
1.12Electronic Funds Transfer (EFT)..7
1.13Environmental Response Submission Compliance8
1.14Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies..8
1.15HIPAA: Business Associate Contractual Obligations..8
1.16Minimum Bid Duration.9
1.17Pricing: Price Limitation:.9
1.18Prompt Payment Discounts (PPD). .9
1.19Public Records.9
1.20Reasonable Accommodation9
1.21Restriction on the Use of the Commonwealth Seal.9
1.22Subcontracting Policies.9
1.23Acquisition Method.10
1.24Single/Multiple Contractors.10
1.25Single/Multiple Department Use.10
1.26Contract Length.10
2.0Introduction11
3.0 Scope of Work11
3.1Equipment Procurement11
3.2Manuals and Training12
3.3Certification of Origin12
3.4Pre Delivery Testing12
3.5Pre Delivery Inspection and Testing12
3.6Post Delivery Inspection and Testing12
3.7Regulatory Compliance13
3.8General Conditions13
4.0 GENERAL EQUIPMENT DESCRIPTION13
4.1General13
4.2Ballast Discharge Outlets (Gates)14
4.3Trucks and Wheels14
4.4Brake System14
4.5Coupler and Draft Gear14
4.6Router Car – Holder and Badge Plates15
4.7AEI Tags15
4.8Optional Accessories15
4.9Painting15
5.0 MANUALS AND TRAINING15
5.1Manuals15
5.2Training16
6.0WARRANTY16
6.1Written Terms of Warranty16
7.0 REQUIRED BID DOCUMENTATION16
8.0QUESTIONS & REQUEST FOR APPROVALS (RFA)17
8.1Questions17
8.2Submitting RFA’s18
8.3Submittal Process18
9.0Bidders Proposal and Administrative Requirements19
9.1Bidders Response19
10.0Proposal Evaluation20
10.1Evaluation20
10.2Selection Process20
10.3Contract Award Procedures21
11.0Intstructions for Submissions of Proposals On-Line21
11.1Submissions21
11.2Attachments22
11.3Deadline23
11.4Procurement Calendar23

1.0 GENERAL AND REQUIRED SPECIFICATIONS

0. Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP Plan is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified contractors to fulfill their own SDP expenditure benchmarks. M/WBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

This RFR will contain some or all of the following components as part of the Supplier Diversity Program Plan submitted by bidders:

· Sub-contracting with certified M/WBE firms as defined within the scope of the RFR,

· Ancillary use of certified M/WBE firms,

· Growth and Development activities to increase M/WBE capacity, A Minority Business Enterprise (MBE), Woman Business Enterprise (WBE), M/Non-Profit, or W/Non-Profit, is defined as such by the Supplier Diversity Office (SDO). All certified businesses that are included in the bidder’s SDP proposal are required to submit an up to date copy of their SDO certification letter. The purpose for this certification is to participate in the Commonwealth’s Supplier Diversity Program for public contracting. Minority- and Women-Owned firms that are not currently certified but would like to be considered as an M/WBE for the purpose of this RFR should submit their application at least two weeks prior to the RFR closing date and submit proof of documentation of application for consideration with their bid proposal. For further information on SDO certification, contact their office at 1-617-502-8851 or via the Internet at mass.gov/SDO.

0. Supplier Diversity Program: Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Supplier Diversity Program (SDP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Best Value Selection and Negotiation: The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT and a contractor, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the contractor’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the contractor’s or contractor’s original response.

Bidder Communication: Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the PMT regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through CommBuys.

0.2 CommBuys Market Center: COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

CommBuys Subscription: Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller subscription account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Contract Expansion: If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs: Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Debriefing: Non-successful bidders may request a debriefing from the department. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information: It is the responsibility of the prospective bidder and awarded contractor 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 PMT, including requests for clarification. The PMT 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 PMT to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT): All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the PMT on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Environmental Response Submission Compliance: In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses submitted should comply with the following guidelines:

· All copies should be printed double sided.

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

· Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

· Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

· Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their responses are made with recycled materials.

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies: Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Executive Order # 509 Guidance.

HIPAA: Business Associate Contractual Obligations: Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Minimum Bid Duration: Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

Pricing: Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

Prompt Payment Discounts (PPD): All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found under the Forms and Terms tab of this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the PMT. The PMT will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the PMT on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

Public Records: All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation: Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The PMT reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal: Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because, use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies: Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Acquisition Method: This will be outright purchase contract for Goods & Services.

Single/Multiple Contractors: MassDOT will award a single contract as a result of this procurement.

Single/Multiple Department Use: This is a single, department procurement for MassDOT Rail only.

Contract Length: The bidder must submit all required information with the understanding that, should the bidder be selected, the contract will be for an outright purchase of goods. The contract will be for a period of one year.

2.0 Introduction

This specification is intended to provide a general description, together with certain specific detailed requirements, for twenty (20) open top ballast car with, 4 ballast discharge outlets, a minimum 2000 cubic foot ballast capacity (level load) each, and braking system as required by the Massachusetts Department of Transportation (MassDOT).

This specification is not intended to dictate any specific design, but rather to indicate the general type of equipment, and the standard level of performance desired.

The intention of this specification is to provide for the purchase of such equipment that is of substantial and durable construction in all respects.

3.0 Scope of Work:

3.1 Equipment Procurement

3.1.1. General equipment description: The successful bidder shall furnish twenty (20), ballast cars each having multiple outlet gates, trucks, and brakes that are mutually compatible. The bidder shall ensure that this compatibility includes size requirements and all operating parameters. The ballast car shall provide optimum economical performance for the workload required.

3.1.2. The Contractor shall deliver a ballast car with all specified equipment that is complete, fully functional and ready for service. MassDOT shall not be required to supply any components needed, other than compressed air, to utilize all features of the ballast car, accessories and specified equipment in service.

3.1.3. Specific quality expectations: All body hardware must be of the best quality, rugged construction and good design.

3.1.4. Generic vs. Original Equipment Manufacturer (OEM) Specifications: Whenever this specification defines the material or article required by using a proprietary product of a manufacturer (OEM) or vendor rather than by using descriptive detail of substance and function, the term "or equal" always is understood to follow immediately the name of the make, vendor, or proprietary product. An item of material shall be considered equal to the item so named in the specification if:

3.1.4.1. It is at least equal in quality, durability, capacity, appearance, strength, tolerances and design.

3.2 Manuals and Training

3.2.1. The Contractor shall supply manuals and training in compliance with the requirements of Section 4.

3.3 Certificate of Origin:

3.3.1. A Certificate of Origin shall be delivered with each unit.

3.4 Pre-Delivery Testing – Contractor

3.4.1. The complete ballast car, including all the necessary devices and equipment, shall be fully tested and put in proper working condition by the Contractor prior to delivery to the Mass DOT.

3.5 Pre-Delivery Inspection and Testing – Contractor with Mass DOT

3.5.1. The Contractor shall contact Melissa Jess from the MassDOT’s Division of Rail at 857-368-8966 to schedule pre-delivery inspection on a mutually agreeable date.

3.5.2. The Contractor shall provide a representative to assist the MassDOT in the inspection of the ballast cars.

3.5.3. At time of pre-delivery inspection, the ballast cars shall be completely ready for service.

3.6 Post-Delivery Inspection and Testing – Contractor with MassDOT

3.6.1. Post-delivery inspection is to be performed on MassDOT property.

3.6.2. In preparation for the post-delivery inspection and testing, the Contractor shall ensure that the ballast cars are completely ready for service.

3.6.3.The Contractor shall contact Melissa Jess from the MassDOT’s Division of Rail at 857-368-8966 to schedule delivery and acceptance testing on a mutually agreeable date.
3.6.4.The Contractor shall provide a representative on-site to assist the MassDOT in completely testing and accepting the ballast cars. This testing shall include:
3.6.4.1.Demonstration of functionality with MassDOT’s ballast and all new attachments provided under this procurement by and checking all functions of the attachment.

3.6.5. Delivery shall be made between the hours of 8:00 A.M. - 3:00 P.M., Monday through Friday, excluding holidays, to:

Massachusetts Department of Transportation C/O The Mass Coastal RR SEMASS Rail Yard, Rochester, MA.

3.6.6. The contractor shall be responsible for all arrangements and shipping cost to the location provided in section 2.6.5

3.7 Regulatory Compliance:

3.7.1.The equipment and materials provided by the Contractor shall comply specifically with the requirements of the FRA, AAR and all other applicable federal, state and local codes in effect at the time of submission of proposal by the Contractor. .
3.7.2.If a conflict is discovered among any of the above requirements, the following order of priority shall govern:

· Federal Laws

· Laws of the Commonwealth of Massachusetts

· Purchase Agreement and Specification

· In the event of such conflict, the Contractor shall notify the MassDOT promptly.

3.8 General Conditions

3.8.1. The MassDOT shall grant acceptance of the ballast car and all equipment only after all deficiencies found during inspection and testing have been fully corrected by the Contractor.

3.8.2. Specification content: The Contractor shall take no advantage of any apparent error or omission in these specification documents. In the event the Contractor discovers an error or omission, he/she shall immediately notify MassDOT. MassDOT shall then make such corrections and interpretation as may be deemed necessary for fulfilling the intent of the Specification.

4GENERAL EQUIPMENT DESCRIPTION
4.1General

3.1.1. New and unused open top ballast car with 4 ballast discharge outlets, designed for a 50 year life. A minimum 2000 cubic foot ballast capacity (level load), and braking system. The vehicle shall have the ability to operate under varying ambient conditions. The ballast cars shall be designed and manufactured to provide maximum rigidity and durability in all operating conditions.

4.1.2. Ballast car shall comply with AAR Plate “B” Clearance diagram.

4.1.3. Ballast car shall not exceed a 286,000lb Gross Rail Load.

4.1.4. Floor slope shall be a minimum of 45 degrees.

4.2 Ballast Discharge Outlets (Gates):

4.2.1. Gates shall be able to deliver ballast to the inside, outside or both sides of the rail simultaneously.

4.2.2. Gate shall be controlled remotely. Multiple Discharge outlets installed on the ballast car shall be controlled independently.

4.2.3. Gate shall not rely on trainlined power for operation.

4.2.4. At least 4 ballast discharge outlets are required.

4.2.5. Gates will be Pneumatic or Solar power/hydraulic assist operated.

4.3 Trucks and wheels:

4.3.1. Truck shall be designed for and accommodate a 286,000 gross rail load and are AAR M-976 compliant.

4.3.2. Wheels shall be H36 class ‘C’

4.4 Brake system:

4.4.1. The ballast cars shall be equipped with a service proven pneumatic brake system that is compatible with existing 26L braking systems.

4.4.2. Brake system ratios shall be designed and constructed per AAR S-401.

4.5 Coupler and Draft Gear:

4.5.1. An AAR Type ‘E’ Coupler shall be applied to each end of the vehicle.

4.5.2. The Draft gear assemble shall be rugged and service proven in use with Type E couplers.

4.6 Route card holders and badge plates:

4.6.1. The ballast cars shall be equipped with route card holders that shall be installed per AAR recommendations.

4.6.2. Brake Badge plates shall be permanently attached to the vehicle in a conspicuous and protected location. All text shall be permanently etched or otherwise designed to provide readability for the life of the vehicle and be impervious to solvents.

4.7 AEI Tags

4.7.1. AEI Tags shall be installed on a fabricated bracket in accordance with the AAR recommendations.

4.8 Optional Accessories

4.8.1. The MassDOT may elect to have the equipment described in this section furnished and functioning. The Contractor shall list pricing for these items as separate line items.

4.8.1.1. Additional remotes/controllers for gate operation. Contractor shall provide description and additional pricing for additional remotes.

4.8.2. The MassDOT reserves the right to add any or none of the above items to the vehicle when the purchase order is issued.

4.9 Painting:

4.9.1. The entire vehicle shall be painted manufacturer's standard offering or side assembly, ends, floors and gates MassDOT Blue with all bolsters, trucks brake equipment and underframe equipment the manufacturer's standard offering Black. . OEM quality concerning paint adhesion, gloss and finish shall be followed, subject to MassDOT final inspection.

4.9.2. The MassDOT will apply all applicable insignia and lettering.

4.9.3. Retroreflective sheeting shall be installed to meet the requirements of 49CFR part 224.

5 MANUALS AND TRAINING

5.1 Manuals

5.1.1. A total of five (5) of each of the following publications shall be furnished by the Contractor and delivered to the MassDOT with the delivery of the ballast cars:

· OEM Equipment Operating Instruction Manuals

· OEM Shop Maintenance Manuals & Updates

· OEM Parts Catalogs & Updates

5.2 Training

5.2.1. The Contractor shall submit a training plan to the MassDOT for review and acceptance two (2) weeks prior to the scheduled training classes.

5.2.2. The Contractor-provided training shall ensure that MassDOT personnel clearly understand the usage of the ballast cars.

5.2.3. A minimum of two 8 hour classes of on-site training shall be provided on dates that are mutually agreed upon by the Contractor and MassDOT.

5.2.4. The operations training shall include, but not be limited to:

· Description of the equipment (to include lifting and handling limitations)

· Description of all safety precautions.

· Demonstration of the functions of all equipment and accessories.

· Hands-on training by each participant

5.2.5. The maintenance training shall include, but not be limited to:

· Description of the equipment (including lifting and handling limitations)

· Description of all safety precautions

· Functional demonstration of all equipment and accessories supplied under this procurement and existing in MassDOT.

· Demonstration of all preventative maintenance procedures

· Troubleshooting common problems

· Hands-on training by each participant

5.2.6. Copies of handouts shall be provided to each participant

6 WARRANTY

6.1 Written Terms of Warranty

6.1.1. Warranty Period: The entire vehicle shall be covered by a minimum of one (1) year. This shall include full-vehicle warranty.

6.1.2. Any additional warranties provided for the sub components shall be transferable to MassDOT.

7 REQUIRED BID DOCUMENTATION

7.1 The following information on the proposed ballast cars must be provided by all bidders. Please supply all requested information with the bid. Bidder must furnish all information requested in this section or that bid may be considered as not in compliance with this Specification, which shall be a basis for bid rejection.

7.1.1. Descriptive brochures & specifications: Bidder shall submit descriptive brochures and detailed specifications as to the overall unit and accessory equipment proposed. This shall include, but not be limited to:

· A detailed listing of all standard and optional equipment must be provided. As a minimum, this listing is to include all items described in this Specification. The listing shall be in the same sequence as in this Specification, for ease of comparison.

· A listing of any exceptions to this Specification or proposed equal to the items specified. Adequate supportive data to allow the MassDOT to determine the acceptability of the exception must be submitted. If exceptions are not applicable, then a statement to that effect shall be submitted.

· A general arrangement drawing depicting the proposed vehicle, as it shall be delivered. The drawing shall consist of left and right sides, front and rear elevations and show overall and outline dimensions.

· Warranty and guarantees: Bidder shall submit a written statement as to the terms of warranty as part of the proposal. This statement shall, at a minimum, be sufficient to determine whether the warranty meets the requirements of this Specification.

8.0 QUESTIONS & REQUEST FOR APPROVALS (RFA)

8.1 Questions

Written questions via the Bid Q&A on COMMBUYS

The Bidders’ Forum or Online Forum is the opportunity for Bidders to ask written The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST 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 Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that any questions submitted to the SST 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 are asked to review all questions previously submitted 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. 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 SST reserves 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 or this Bid.

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

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.

8.2 Submitting RFAs (Request for Approval) for brand name or equal.

When submitting RFAs all inquiries should reference the RFR Title and document ID# “RFR # MDOTBOSTON” in the subject line. All RFAs shall be submitted in the same manner as Question submittal, outlined in Section 4.1.

8.3 Submittal Process

All questions (including technical, contract, or administrative questions) concerning this RFR shall be entered into the CommBuys Bid Q&A section described above in section 4.1. Due date for submission of questions and RFAs is noted in the procurement calendar at the end of this RFR. MassDOT reserves the right to respond to inquiries as it deems necessary. All questions, answers and any addendums shall be posted on CommBuys and individual(s) and/or firm(s) are responsible for checking this website periodically for any updates.

9.0 BIDDER PROPOSAL & ADMINISTRATIVE REQUIREMENTS

9.1 Bidder’s Response

9.1.1Electronic Signatures
Bids submitted via CommBuys must be signed electronically by the Bidder or the Bidder’s Agent by selecting the Agree to All link in Step 2 of the Online Submission wizard. By selecting “Next Step” on the “Forms & Terms” tab after acknowledging all of the forms on that tab, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms
9.1.2File Naming Conventions
Files submitted via CommBuys must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [ ] some systems apply when files are downloaded from the Internet.

RFR Section or Response Component Description Enter in SmartBid during upload File Name Assign when creating files

Vendor Response Form
Vendor Response Form
CompanyName_Vendor Response Form

9.1.3 File Size Limits

The system will not accept files that approach or exceed 100 MB. If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

9.1.4 Duplicate File Names Not Accepted

Once a file has been submitted, CommBuys will not accept another file with the same name. This is the case even with files that are modified or have been withdrawn. If it is necessary to resubmit a file, add an underscore and numeric suffix to the company name, for example, CompanyName_2_FootCat.

9.1.5 File Format Restrictions

Bidders must submit file formats readable by MS Word 2000 or later, or by Adobe Acrobat Reader or MS Excel. All scanned documents must be in .pdf or .gif format, and must be scanned in such a way that they can be read on a computer monitor and printed on 8 1/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the standard Forms located on the Solicitation’s Forms & Terms tab, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

9.1.6 Withdrawing a Response

5.5.6.1Prior to Close Date:
Bids may be withdrawn using the Withdraw icon offered on the subscriber’s Response Desktop in CommBuys.
5.5.6.2After Close Date:
No Bid can be withdrawn after the Close Date. If the Bidder wants to remove a Response from consideration, contact the Strategic Sourcing Services Lead for guidance.

10.0 PROPOSAL EVALUATION

10.1 Evaluation

All proposals will be reviewed for responsiveness and then evaluated by the selection committee using the criteria set out herein.

· Cost Proposal

· Experience and Qualifications

· SDP Plan

Vendor responses should include all available detail in order to enable MassDOT to adequately assess the response to meet the stated requirements. Failure to include a response to any requirement will be deemed non-responsive and will result in disqualification.

MassDOT further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of the Commonwealth. MassDOT reserves the right to reject awarding a contract due to unacceptable past performance by a contractor.

10.2 Selection Process

10.2.1Selection of the bidder(s) will focus on their responses to all identified requirements, and will be awarded to the bidder with the highest score based upon a scale of values to be assigned by the Procurement Team prior to opening responses.
10.2.2MassDOT may, in its discretion, have discussions with individual proposed offerors for the purpose of clarifying responses to the solicitation requirements.

10.3 Contract award procedures

The individual and/or firm selected will be recommended by the Procurement Management Team (PMT). The PMT will award to the lowest bid, so long as the individual and/or firm provides all of the required documents.

11.0 INSTRUCTIONS FOR SUBMISSION OF PROPOSALS ONLINE

11.1 Submissions

11.1.1 How to Submit a Bid Response

All Bidders may begin creating and compiling response materials as soon as the Solicitation containing files on the Forms & Terms tab and the Specifications tab is in an OPEN Document Status. When submitting response materials prior to the Solicitation Close Date, the ability to upload documents is only available to active SmartBid account holders after the Solicitation Amendment Deadline has passed. Once the Solicitation Close Date and Time has passed, interested Bidders will be unable to submit a Response online.

11.1.2 Bid Response Method

Online Bid Submission via CommBuys is required to eliminate direct and indirect costs associated with the production, delivery/receipt, storage and management of traditional paper bids incurred by Bidders, MassDOT, and the Commonwealth of Massachusetts. Bids submitted via CommBuys also promote environmental conservation and preservation by eliminating printed materials as well as fossil-fuel consumption associated with delivery. All Bidders must submit Responses online using tools available to CommBuys Subscribers only.

CommBuys requires an annual subscription. To subscribe, go to: www.commbuys.com. All Bidders who are awarded a contract resulting from this RFR, if any, will be required to maintain an active subscription account during the duration of the Contract, by renewing their subscription annually.

11.1.3 CommBuys Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd and select the CommBuys Resource Center link offered within the Conduct a Procurement menu.

Email: Send inquiries to the CommBuys Helpdesk at COMMBUYS@state.ma.us.

Telephone: Call the CommBuys Helpline at 1-888-MA-STATE (1-888-627-8283). 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 and state holidays.

Bidders are advised that CommBuys will be unavailable during regularly scheduled maintenance hours as displayed under the “CommBuys System Availability” link offered at the bottom of any CommBuys page.

11.1.4 Bid Response Deadline

All Bids must be received by MassDOT before the specified date, month, year and time displayed on the Solicitation’s Summary page within the Close Date field. Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. MassDOT is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via CommBuys are time stamped by the CommBuys system clock which is considered the official time of record.

11.1.5 Bid Package

Bidders submitting via CommBuys must name their Response by entering <BidderName_ MDOTBOSTON> in the Response Nick Name field in Step 3 of the submission wizard.

11.2 Attachments

The following list of attachments includes documents that must be submitted with your proposal. The additional attachments are not required to be submitted with your RFR response, however, you are required to adhere to all clauses and terms and conditions. Additional attachments will be incorporated during contract execution, should your bid be selected.

11.2.1 Attachments Required with Qualifications Statement Submission:

Bidder Response Form (Contains all of the following)

· RFR Submission Checklist

· MassDOT Terms and Conditions

· Contractor Authorized Signature Verification Form

· W-9 Form

· Prompt Pay Discount Form

· Business Reference Form

· SDP Plan Form 1

· EPP Form (Environmentally Preferred Products)

11.2.2 Additional Attachments: To be completed upon Award of Contract:

· MassDOT Standard Contract Form

· Authorization for Electronic Funds Payment (EFT)

· SDP Plan Form 2

Bidders who signed these forms electronically via CommBuys online submission tools must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

11.3 Deadline

The deadline for submitting responses is September 25, 2014 by 3:00 p.m. via CommBuys.

11.4 PROCUREMENT CALENDAR

RFR RELEASE DATE:OCT 06, 2014
WRITTEN INQUIRIES (QA START)OCT 07, 2014
WRITTEN INQUIRIES (QA END)OCT 21, 2014
WRITTEN ANSWERS TO INQUIRES:OCT 24, 2014
PROPOSALS DUE:NOV 13, 2014
PMT COMPLETES PROPOSAL REVIEW:NOV 19, 2014
CONTRACT AWARD DATE:NOV25, 2014

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