IFB 86-22 Bid Document.docx

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

INVITATION FOR BIDS

IFB NO: 86-22

REQUISITION NO: AFC22107 + AFC22108

CISCO CATALYST SWITCHES

Date Issued: May 31, 2022

Bid Responses will be accepted through COMMBUYS.

IFB: 86-22 - 26 - Federal – Goods & Services - Rev. 3/22/2022 Project Name: Cisco catalyst switches Contents

Introduction The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks Cisco Nexus Switches to support AFC operations at 10 Park Plaza and High Street. The current switches are end of life and end of support. A 3 year warranty for these materials is required. To assist the MBTA in this effort, the Authority is issuing this Invitation for Bid (“IFB”) to solicit proposals (“Bids”) from qualified Bidders who can meet the project requirements stated herein.

Bids will not be publicly opened for this procurement. The buyer responsible for this procurement will post an Initial Bid Summary Form to COMMBUYS within two business days of the due date that will detail the number of bids received, each Bidder’s name, and the bid amount for bidders and the public to view.

For all inquiries, please contact the following point of contact and list the IFB number:

Buyer: Ian Atherton Email: iatherton@mbta.com

Instructions to Bidders

PROCUREMENT METHOD

This IFB will be launched and managed via COMMBUYS. Instructions for log-in and use of COMMBUYS are described in reference material on the website and at http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx 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 a.m. to 5:00 p.m. Monday through Friday (Eastern Time), except on federal, state, and Suffolk county holidays.

It is the responsibility of Bidders to maintain an active registration in COMMBUYS with a current email address and to monitor that email inbox for communications from the MBTA, including responses to Bidder questions. The MBTA and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with Bidder’s computer, network, or internet service provider (“ISP”) cause email communications sent to or from Bidder and the MBTA to be lost or rejected by any means including email or spam filtering.

Bidder shall review and study all documents thoroughly and report any discrepancies, omissions, technical queries, or other clarifications via COMMBUYS.

Questions and clarification requests submitted by Bidder will, together with MBTA’s response be made available to all Bidders via COMMBUYS.

Pre-Bid Conference There will be no pre-bid conference for this procurement.

Due Date and Delivery Instructions Bids are due by: 6/22/2022 at 2:00 PM, EST / EDT, for the work described herein. Bidder is required to prepare and submit all required documents to MBTA electronically via COMMBUYS. Bids will not be publicly opened for this procurement.

Bidders are required to submit a Bid including all Bid forms contained in this package. Bidders shall complete the Enclosure 1 – Bid Cover Letter and complete the check boxes to indicate the bid documents that constitute their bid.

Note: Bid packages that are received that do not follow instructions above may be disqualified. Please do not write anything additional on the package.

Late Submissions, Modifications and Withdrawals of Offers Late Bids will not be accepted.

Any modification of an offer, except a modification for “best and final” offer, is subject to the same conditions stated in this solicitation. At any time after submission of proposals and prior to the final selection of Bidders for contract negotiation or execution, the MBTA shall have the option to provide Bidders with an opportunity to provide a “best and final” offer and may limit the number of Bidders selected for this option.

Modification resulting from a request for “best and final” offer received after the time and date specified in the request will not be considered. “Best and final” offers will be accepted by email to the designated buyer.

Bids may be withdrawn only by written notice sent to the Authority at any time before award. In the case of Bid withdrawals or late Bids the MBTA will archive the Bid materials and will not return them to the Bidder.

Clarifications of Specifications Any request for clarification to, or relief from, the specifications, must be submitted the “Bid Q&A” tab in COMMBUYS. Such comments and questions may be submitted up to one week prior to the due date listed in Section 2.3 and shall: (i) identify the document; (ii) identify the relevant section number and page number) or, if it is a general question, indicate so; and (iii) not identify the Bidder in the body of the question or contain proprietary or confidential information. Questions submitted in any other format or method than that described above will not be considered.

Responses to requests for clarification or questions will be provided in writing and issued by the MBTA via COMMBUYS. In addition, the MBTA reserves the right to, in its sole discretion, not answer all questions submitted by Bidders.

It is the Bidder’s responsibility to verify the MBTA’s receipt of questions and clarification requests Should the MBTA make changes to any specification, stipulation, requirement, or procedure, notification will be made to all Bidders in the form of written Addenda. No officer, agent, or employee of the MBTA is authorized to amend any provision contained in this solicitation, including the specifications, unless such amendment is issued as an Addendum and sent to all Bidders. If this solicitation is modified by an amendment, then all terms and conditions that are not modified remain unchanged.

MBTA Standard Contract and Terms & Conditions Bidders shall review and sign Section 7.1 MBTA Standard Contract Terms and Conditions to submit with their bid. Bidders do not sign Section 7 Massachusetts Bay Transportation Authority Standard Contract upon submission of their bid. When the MBTA plans to award a contract, the MBTA buyer will fill out Section 7 Massachusetts Bay Transportation Authority Standard Contract and send it to the successful bidder for signature. See Section 6 MBTA Standard Contract and Terms and Conditions Instructions for Vendors for further details.

The MBTA does not encourage attempts to negotiate the Section 7.1 Massachusetts Bay Transportation Authority Standard Contract Terms & Conditions. Many of these provisions are required by law; others are longstanding MBTA policy / practice. Accordingly, Bidders / proposers should only redline or object to provisions that they find absolutely unacceptable. Any rejection or modification of these provisions may disqualify a Bid / proposal as being non-responsive or non-compliant.

Collusion The Bidder understands that any Bid submitted to the MBTA is made without collusion with any other Bidder submitting a Bid on the same commodity / service, and is in all respects fair and without fraud.

Prices Each Bid must contain the unit price(s) / rate(s) or lump sum price, extended price(s), and the grand total of the Bid. Bidders shall submit their pricing using Form B: Requested Goods & Services Pricing Form. The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period (see Section 2.10 Acceptance Period).

Alternative Bids Alternative Bids will not be accepted for this solicitation.

Acceptance Period The Authority requires a minimum Acceptance Period of at least one hundred and twenty (120) calendar days. In case the MBTA requires an extension, the MBTA will notify all Bidders accordingly. “Acceptance Period” for purposes of this solicitation means the number of calendar days available to the MBTA for awarding a contract based on the Due Date specified in this solicitation for receipt of Bids.

Eligible Entities Any contract resulting from this Bid will be open for use by all MassDOT Divisions.

Delivery Terms Bid prices must be inclusive, but not restricted to, all freight, packaging, handling, taxes, and duties for delivery at the specified address: 10 Park Plaza Boston, MA 02116. For U.S. domestic deliveries, Bid prices must include F.O.B. destination with freight charges paid by Bidder. For cross border deliveries, Bid prices must include D.D.P. (Incoterms 2010).

Pre-contractual Expenses The MBTA shall not be liable for any pre-contractual expenses incurred by the Bidder in the preparation of its proposal. The Bidder shall not include any such expenses as part of its proposal. Pre-contractual expenses are defined as expenses incurred by the Bidder including but not limited to preparing its Bid in response to this solicitation, submitting its Bid to the MBTA, negotiating with the MBTA any matter related to this Bid, inspection, testing, shipping, and return shipping of proposed goods samples, or any other expenses incurred by the Bidder prior to date of award, if any, of the Agreement.

Tax Exemption The MBTA is exempt from Federal Excise Tax, including Transportation Tax, and will furnish properly executed tax exemption certificates upon request. The MBTA is also exempt from Massachusetts State Sales Tax — Exemption Number E-042-323-989. Such taxes should not be included in Bid prices.

The Bidder alone shall be responsible for payment of all federal, state and local taxes of all types and kinds applicable to such fees incurred under this Agreement.

Insurance The insurance policies that the successful bidder shall carry are outlined in the attached MBTA Minimum Insurance Requirements document with this solicitation. The attachment will be included with the solicitation posting on COMMBUYS. The successful bidder shall submit proof of insurance for the requirements detailed at the time of submitting their bid. If in the case they are not available at the time of preparing their Bid, the successful bidder certifies that they will carry such insurance policies and all costs resulting from this are included in their pricing. The successful bidder shall provide proof of insurance within three business days of conditional notice of award.

Disadvantaged Business Enterprise (DBE) Goal The Massachusetts Bay Transportation Authority has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. See Section 7.1.21 Federal Requirements – Disadvantaged Business Enterprises for detail on the DBE policy, program, and requirements.

The MBTA has established the following goal(s) for participation on this contract by DBEs. The applicable goal remains in effect throughout the life of the contract regardless of whether pre-identified DBE subcontractors remain on the Project or under contract:

Supplies & Services Contracts: The DBE Participation Goal for this Project is 1%.

Bidders and proposed DBE subcontractors shall complete and submit with the bid Form D: DBE Letter of Intent and Form E: Schedule of Participation by Disadvantaged Business Enterprises.

When the bidder completes Form E: Schedule of Participation by Disadvantaged Business Enterprises the bidder will determine whether or not they need to complete Form F: DBE Joint Check Arrangement Approval Form and / or Form G: Joint Venture Affidavit. If the bidder needs to complete Form F or Form G, the bidder shall contact the MBTA buyer to request the forms.

The successful Bidder(s) must complete and submit the Affidavit of Subcontractor Payment (attached as Form I) on a quarterly basis.

Buy America Requirements Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $150,000). The successful bidder agrees to comply with 49 U.S.C. 5323(j) as amended by MAP-21, 49 U.S.C. 5323(h), 49 CFR Part 661, and FAST Act (Pub. L. 114-94) which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. See Section 7.1.20.3 Buy America Requirements for complete information on Buy America requirements.

Bidders must complete Form H: Buy America Certification Form to submit with their bid.

Selection Process Basis of Award Award will be made to the lowest priced responsive Bid and responsible Bidder. The MBTA reserves the right, in its sole discretion, to determine if a Bid is responsive and the Bidder is responsible. In determining whether a Bidder has the ability to perform successfully under the terms and conditions of the proposed procurement, the MBTA will consider such matters as the Bidder’s integrity, compliance with public policy (e.g., EEO record, attainment of DBE goal, debarment status, etc.), record of past performance, and financial and technical resources. Bidder is required to complete Form A: Pre-Award Bidder Evaluation Data Form.

Scope of Proposal Pursuant to this Invitation for Bid (“IFB”), Bidders and Bids are required to comply with the terms and conditions stated herein in order to be deemed responsive and responsible. If a Bid does not meet all of the requirements listed in the solicitation, the Bidder’s proposal may be disqualified. Failure by the Bidder to examine all information pertaining to this solicitation or participate in any scheduled on-site visits will be at the Bidder’s risk.

Rejection of Bid The MBTA reserves the right to reject any and all Bids, in whole or in part, if such action is determined to be in the best interests of the Authority. Unless all Bids are rejected, award shall be made to the lowest priced responsive Bid and responsible Bidder.

Cancellation of Bid The Authority reserves the right to cancel this Bid at any time prior to execution of the Contract by all parties and without any liability against the Authority.

Appeal / Protest Procedures Bid appeals / protests relative to this procurement will be reviewed and adjudicated in accordance with the MBTA's Appeals / Protest Procedure - Goods & Services. A copy of this procedure is available by contacting the Buyer assigned to this procurement and available online at www.mbta.com.

MBTA Policies Small, Minority, Women, and Other Disadvantaged Businesses It is the policy of the Commonwealth and the MBTA to ensure non-discrimination in the procurement of goods and services. It is the MBTA’s intention to create a level playing field on which all contractors and subcontractors can compete fairly for contracts. The MBTA promotes equity of opportunity in state contracting; and to that end; encourages full participation of certified small, minority, women, and other disadvantaged owned businesses as those terms are defined by the Commonwealth’s Supplier Diversity office. The MBTA further recognizes the importance of meaningful partnerships involving subcontracting with certified small minority, women and other disadvantaged owned businesses.

Contract Structure Construction of Contract The contract between the MBTA and the successful Bidder shall be formed by the following sections and documents that constitute IFB 86-22, in order of precedence.

1. Any change orders or amendments, the most recent having precedence.

2. Section 7: Massachusetts Bay Transportation Authority Standard Contract and Terms & Conditions (including Supplemental Provisions, Insurance Requirements, Federal Requirements, and Federal Requirements – Disadvantaged Business Enterprises, if any)

3. MBTA Specification or Scope of Work

4. Form B: Requested Goods & Services Pricing Form, or if accepted, Form C: Alternate Goods & Services Pricing Form

Enclosure 1 – Bid Cover Letter

10 Park Plaza, Suite 2810 Boston, MA 02116

Instructions: Bidders shall complete the Bid Cover Letter below with their company name, total bid amount, and completed check boxes to indicate the bid documents that constitute their bid. The Bid Cover Letter should be placed on the top of all bid documents when submitted to the MBTA.

Bidder (Company Name):

Total Bid Amount:

The undersigned Bidder having carefully examined and understood the documents included in the Invitation For Bids (“IFB”), hereby offers to MBTA the “Bid” as contained in the following responses enclosed with this letter:

Note: Section 7 Massachusetts Bay Transportation Authority Standard Contract is NOT to be submitted; it is not completed until award

We confirm that our Bid is in exact accordance with the solicitation with no exceptions to, or comments upon, the solicitation documents. We confirm that the submission of our Bid with the signature below makes all certifications as outlined in the solicitation documents. This Bid shall constitute a binding offer open for acceptance by the MBTA.

We confirm that this Bid has been prepared and is compliant with the solicitation instructions and agree to conduct ourselves in accordance with the solicitation. We confirm receipt of all addenda related to this solicitation. We confirm the 120 days Acceptance Period of this Proposal.

The undersigned are authorized to sign on behalf of and to bind __________________________ (include Bidder’s company name) to the provisions of this Bid.

Bidder (company name):

Authorized Representative Name:

(BLOCK LETTERS)

Authorized Representative’s Signature:

Title:

Date:

Form A: Pre-Award Bidder Evaluation Data Form Pre-Award Bidder Evaluation Data

Name of Firm:

Federal Identification Number:

Legal Address:

Contact Name:

Telephone Number:

Email:

Date Organized:

State Incorporated:

Names of Officers or Partners:

Please provide details of any litigation, suits, or court action taken or pending against Bidder below:

No ☐

No ☐

If the Bidder or subcontractor is a joint venture, submit this Pre-Award Bidder Evaluation Data form for each member of the joint venture.

Form B: Requested Goods & Services Pricing Form Bidders are required to quote firm fixed price(s) / rate(s) or lump sums. The quoted prices shall be inclusive of ancillary charges including but not limited to prevailing wages, tooling, equipment, transportation costs, customs, duty charges, and other associated charges. Bidders shall quote only on goods and services in strict accordance with the specifications / requirements.

Bidder’s Name:

6x 100G Switch

N9K-C93108TC-

FX3P

N9KC931

Software Rel 9.3.8

NXOS-9.3.8

front and rear removal

NXK-ACC-KIT-

1RU

airflow

NXA-FAN-

35CFM-PE

Exhaust

NXA-PAC-

1100W-PE

Switches

NXK-MEM-16GB

Class

SFP-10G-LR-S

CU1M

Term N9300 XF, 3 Ye ar

C1E1TN9300XF-

3Y

ACI NEXUS 9K

SVS-B-N9K-ESS-

XF

Advantage C9300-24P-A

C93002PA

license

C9300-NW-A-24

Power Supply

PWR-C1-

715WAC-P

Redundant Power Supply

PWR-C1-

715WAC-P/2

NONE

Cord - For Network Switch

CAB-SPWR-30CM

Term - Smart Lic

PI-LFAS-T

Networking, Optical Network - 8 x 25GBase- X Network - Optical Fiber25 Gigabit Ethernet - 25GBase-X, 10GBase-X, 1000Base-X MODULE

C9300-NM-8X

device deployment

NETWORK-PNP-

LIC

Licenses

C9300-DNA-A-24

Year

CON-SSTCM-

C93A24

Term License

C9300-DNA-A-

24-5Y

Additional specifications / requirements beyond those listed in this table are attached to this IFB. The attached specifications are part of the original posting on the COMMBUYS.

|_| YES |_| NO

Point of Destination for goods:

10 PARK PLAZA BOSTON, MA 02116

Delivery Time from order receipt to delivery date:

Enter text here

Please note: Bid prices must be inclusive, but not restricted to, all freight, packaging, handling, taxes, and duties for a delivery at the point of destination above (see Section 2.10 Delivery Terms). The MBTA will not pay separate customs duties for shipments, and will refuse to accept any material requiring such payment.

Prompt Payment Discounts:

All contractors doing business with the MBTA shall provide a Prompt Payment Discount (PPD) for receiving early payments. Bidder shall provide a Prompt Payment Discount percentage (%) off the invoice payment, for each of the payment issue dates listed. If no discount is offered enter 0%.

Note: MBTA standard prompt pay discount is 1% 20, Net 45 Days.

Form C: Alternate Goods & Services Pricing Form Bidders who desire to propose alternate goods / services shall only complete this form if Section 2.8 allows for alternate bids. Bidders quoting on functionally equivalent goods and services shall fill out this pricing form with all relevant information for the alternate goods and services. Bids for functionally equivalent goods and services will be considered if accompanied by complete descriptive literature (see Section 2.8). Bidders are required to quote firm fixed price(s) / rate(s). The quoted prices shall be inclusive of ancillary charges including but not limited to prevailing wages, tooling, equipment, transportation costs, customs, duty charges, and other associated charges. Bidders shall quote only on goods and services in strict accordance with the specifications / requirements.

Bidder’s Name:

The Bidder has attached complete descriptive literature beyond the information in this table on the functionally equivalent goods quoted above.

|_| YES |_| NO

Point of Destination for goods:

10 PARK PLAZA BOSTON, MA 02116

Delivery Time from order receipt to delivery date:

Click or tap here to enter text.

Please note: Bid prices must be inclusive, but not restricted to, all freight, packaging, handling, taxes, and duties for a delivery at the point of destination above (see Section 2.10 Delivery Terms). The MBTA will not pay separate customs duties for shipments, and will refuse to accept any material requiring such payment.

Prompt Payment Discounts:

All contractors doing business with the MBTA shall provide a Prompt Payment Discount (PPD) for receiving early payments. Bidder shall provide a Prompt Payment Discount percentage (%) off the invoice payment, for each of the payment issue dates listed. If no discount is offered enter 0%.

Note: MBTA standard prompt pay discount is 1% 20, Net 45 Days.

Form D: DBE Letter of Intent DOCUMENT 010 (to be submitted by the DBE firm) The DBE firm will also include the latest MassUCP letter with this Letter of Intent.

To:

(Prime Bidder)

From:

(DBE Firm)

Contract No.:

Bid Opening or Due Date:

Project Name:

Project Location:

I, , authorized signatory of the above-reference DBE firm hereby declare:

(Print Name)

(a) My company is currently certified as a Disadvantaged Business Enterprise (DBE) by the Massachusetts Supplier Diversity Office (SDO), as a (check all that apply):

[Additional guidance is available at Title 49, Code of Federal Regulations, Part 26.55 (49 CFR Part 26.55)]

(b) My firm has the ability to manage, supervise and perform the activity described on the following page(s) of this Letter of Intent. If you are awarded the contract, my company intends to enter into a contract with your firm to perform the items of work or other activity described on the following sheet for the prices indicated.

(c) There have been no changes affecting the ownership, control or independence of my company since my last certification review on Click or tap to enter a date.. If any such change is planned or occurs prior to my company's completion of this proposed work, I will give prior written notification to your firm and to the Massachusetts Bay Transportation Authority (MBTA) Office of Diversity and Civil Rights and SDO.

(d) I have read the MBTA proposal for the Project, and acknowledge that my company will comply with that document and the requirements of 49 CFR Part 26.

(e) For the purpose of obtaining subcontractor approval from the MBTA, my firm will provide to you:

a. The following construction work:

i. a complete list of contact information for proposed Superintendent, i.e., address, phone number and e-mail address, and;

ii. a list of projects completed in the last 10 years. I shall also include, for each project: the name and telephone number of a contact person for the contracting authority, person, or organization; project title / location (City/State), dollar value of the work; a description of the work; and the date project completed .

b. The following professional services work:

i. resume, stating the qualifications and experience of person responsible for project oversight and contact information, i.e., address, phone number and e-mail address.

ii. proposed team and organization,

iii. resumes of key personnel;

iv. example projects

c. The following services, materials or supplies:

i. a written agreement and invoices for the materials or supplies, and any other documents evidencing the terms of providing such items to be sent to the Office of Diversity and Civil Rights Government Compliance Unit designee;

ii. information concerning brokers fees and commissions for providing services or materials.

DBE Firm Authorized Signature

Date

Form D: DBE Letter of Intent (cont.)

Prime Bidder:

DBE Firm:

Contract No.:

Bid Opening or Due Date:

Project Name:

Project Location:

Item number if applicable

with notations such as Services, or Brokerage, Labor Only, Material Only, or Complete

TOTAL AMOUNT:

Please give full explanations, attach additional sheets if necessary.

I HEREBY VERIFY THAT

(DBE Firm)

WILL SOLELY PERFORM THE WORK, OR PROVIDE THE SERVICES OR MATERIALS, AS DESCRIBED ABOVE.

DBE Authorized Signature:

Name (Print):

Title:

Email Address:

Phone Number:

Fax Number:

Form E: Schedule of Participation by Disadvantaged Business Enterprises DOCUMENT 020 (to be submitted by bidder) Prime Bidder

Date of Bid Opening:

Contract Number:

Project Location:

DBE Contractor Activity Amount (b)

NAICS

CODE(S)

(c) Total amount eligible for credit under rules in Supplementary Conditions, Appendix 3 of Section 6

Is a Joint Check arrangement needed for any of the above? (see Section 7.1.21.7 (g))

*If yes, contact the MBTA buyer to request and complete Form F: DBE Joint Check Arrangement Approval Form (Document 030).

Are any of the above a joint venture entity?

*If yes, contact the MBTA buyer to request and complete Form G: Joint Venture Affidavit (Document 031).

Will any of the contractors listed above be using a third party (i.e. manufacturer) to deliver materials or perform any portion of work by a third party?

CERTIFICATION: I HEREBY DECLARE, TO THE BEST OF MY KNOWLEDGE, THAT I HAVE READ THE SPECIAL PROVISIONS FOR PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES – SECTION 7.1.21. BOTH THIS SCHEDULE AND THE RELEVANT AND ACCOMPANYING LETTER(S) OF INTENT ARE IN FULL COMPLIANCE WITH THE PROVISIONS OF, AND IN ACCORDANCE WITH, TITLE 49 CODE OF FEDERAL REGULATIONS, PART 26 (49 CFR Part 26).

Signature:

Name (Print):

Date:

Title:

Email:

Telephone:

Form H: BUY AMERICA Certification Form The Bidder agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock must be assembled in the United States and 70 percent (70%) domestic content.

A Bidder must submit to the FTA recipient the appropriate Buy America Certification (below) with all Bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL, IRON, OR MANUFACTURED PRODUCTS:

If applicable, please check one of the following:

☐ Certificate of Compliance with 49 U.S.C. 5323(j)(1)

The Bidder hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.

☐ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)

The Bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

CERTIFICATION REQUIREMENT FOR PROCUREMENT OF BUSES, OTHER ROLLING STOCK AND ASSOCIATED EQUIPMENT:

If applicable, please check one of the following:

☐ Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).

The Bidder hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.

☐ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)

The Bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.

Form I: Affidavit of Subcontractor Payment

Massachusetts Bay Transportation Authority Disadvantaged Business Enterprise (DBE) Program Affidavit of Subcontractor Payment

Code of Federal Regulations 49 §26.37(b) and 26.29 requires the Massachusetts Bay Transportation Authority (MBTA) to monitor the performance of Disadvantaged Business Enterprise (DBE) firms and non-DBE firms on all USDOT assisted transit projects. This affidavit attest that the DBE Firms listed below are performing or have performed a “commercially useful function” (CUF) in accordance with 49 CFR §26.55.

Signing this affidavit hereby certifies that the information provided by Firm acting as Prime Contractor and/or Consultant on said MBTA Project is true and accurate.

Project Name: _________________________________________________________ Prime Contractor/Consultant:_______________ MBTA Contract Number: _________________ DBE Goal:

Payment Request # ________________________ Invoice Amount:______________________________ Payment Period: From to______________________ ☐ Final Payment: Check this box only when submitting final pay request.

SECTION 1: PAYMENT TO SUBCONTRACTORS

Complete the chart below for ALL SUBCONTRACTORS participating on project regardless of dollar amount.

Report payments that have already been made to subcontractors.

SECTION 2: SIGNATURE AUTHORIZATION AND NOTARIZATION

The undersigned Firm certifies that the preceding chart is a true and accurate statement that all payments that have been distributed to subcontractors and suppliers on said MBTA Project. If no subcontractors or suppliers are listed on the preceding chart, the Firm certifies that no subcontractors or suppliers were used in performing said MBTA Project for the payment period indicated.

Firm Representative Name/Title (print) Signature NOTE: This affidavit must be notarized.

Sworn or affirmed and subscribed before me this day of_______20_____

Notary Signature:

DBE Owner Name/Title (Print) Signature NOTE: This affidavit must be notarized.

Sworn or affirmed and subscribed before me this day of_______20____

Notary Signature:

Non-DBE Subcontractor Owner Name/Title (Print) Signature NOTE: This affidavit must be notarized.

Sworn or affirmed and subscribed before me this day of_______20_____

Notary Signature: _________________________________________________________________

Please mail the original, completed and signed formed to the MBTA Assist Director of Government Compliance:

Massachusetts Department of Transportation/MBTA, Office of Diversity & Civil Rights, 10 Park Plaza, Suite 3800, Boston, MA 02116

Please also send a scanned copy by Email to Type Buyer email here

MBTA Standard Contract and Terms and Conditions Instructions for Vendors MBTA Standard Contract Instructions (Section 7) Section 7 is not to be signed and submitted by bidders as part of their bid. Only the awarded contractor shall complete Section 7 after the MBTA has determined the lowest priced responsive Bid and responsible Bidder (see Section 3.1 Basis of Award).

In order to award and execute the contract, the MBTA buyer will complete the necessary information on Section 7 and send it to the successful contractor to fill out the following sections and to sign it.

MBTA Standard Terms & Conditions Instructions (Section 7.1) Each bidder must review and sign Section 7.1 Massachusetts Bay Transportation Authority Standard Terms and Conditions and submit the signed Section 7.1 with their bid for the bid to be responsive and complete.

The MBTA does not encourage attempts to negotiate the Massachusetts Bay Transportation Authority Standard Contract Terms & Conditions (Section 7.1). Many of these provisions are required by law; others are longstanding MBTA policy / practice. Accordingly, Bidders / proposers should only redline or object to provisions that they find absolutely unacceptable. Any rejection or modification of these provisions may disqualify a Bid / proposal as being non-responsive or non-compliant.

Massachusetts Bay Transportation Authority Standard Contract

CONTRACTOR LEGAL NAME:

(and d/b/a):

Massachusetts Bay Transportation Authority (MBTA)

Vendor Code Address ID (e.g. “AD001”): AD.

(Note: The Address Id Must be set up for EFT payments.)

RFR/RFP/IFB/Procurement or Other ID Number:

NEW CONTRACT

PROCUREMENT OR EXCEPTION TYPE: (Check one option only) ☐ Statewide Contract (OSD or an OSD-designated Department) ☐ Collective Purchase (Attach OSD approval, scope, budget) ☐ MBTA Procurement Attach RFR/RFP/IFB and Response or other procurement supporting documentation) ☐ Emergency Contract (Attach justification for emergency, scope, budget) ☐ Contract Employee (Attach Employment Status Form, scope, budget) ☐ Legislative/Legal or Other: (Attach authorizing language/justification, scope and budget)

AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.)

☐ Amendment to Scope or Budget (Attach updated scope and budget) ☐ Interim Contract (Attach justification for Interim Contract and updated scope/budget)

☐ Contract Employee (Attach any updates to scope or budget) ☐ Legislative/Legal or Other: (Attach authorizing language/justification and updated scope and budget)

The MBTA Terms and Conditions (T&C) under Section 7.1 has been executed, and is incorporated by reference into this Contract.

COMPENSATION: (Check ONE option): The MBTA certifies that payments for authorized performance accepted in accordance with the terms of this Contract ☐ Rate Contract (No Maximum Obligation. Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.)

☐ Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract (or new Total if Contract is being amended). $ .

PROMPT PAYMENT DISCOUNTS (PPD): MBTA payments are issued through EFT 45 days from invoice receipt. Contractors requesting accelerated payments must identify a PPD as follows: Payment issued within 10 days __% PPD; Payment issued within 15 days __% PPD; Payment issued within 20 days __% PPD; Payment issued within 30 days __% PPD. If PPD percentages are left blank, identify reason: agree to standard 45 day cycle only initial payment (subsequent payments scheduled to support standard EFT 45 day payment cycle. See Prompt Pay Discounts Policy.)

BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.)

ANTICIPATED START DATE: (Complete ONE option only) MBTA and Contractor certify for this Contract, or Contract Amendment, that Contract obligations:

☐ 1. May be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred prior to the Effective Date.

CONTRACT END DATE: Contract performance shall terminate as of , 20__, with no new obligations being incurred after this date unless the Contract is properly amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments.

CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the MBTA, or a later Contract or Amendment Start Date specified above, subject to any required approvals. The Contractor makes all certifications required under the attached Contractor Certifications (incorporated by reference if not attached hereto) under the pains and penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the applicable MBTA Terms and Conditions, this Standard Contract Form including the Instructions and Contractor Certifications, the Request for Response (RFR), Request for Proposal (RFP), Invitation for Bid (IFB) or other solicitation, the Contractor’s Response, and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR/RFP/IFB and the Contractor’s Response only if made using the process outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR/RFP/IFB or Response terms result in best value, lower costs, or a more cost effective Contract.

AUTHORIZING SIGNATURE FOR THE CONTRACTOR:

X: ______________________________. Date: ___________. (Signature and Date Must Be Handwritten At Time of Signature)

Print Name: ________________________________. Print Title: _________________________________.

AUTHORIZING SIGNATURE FOR THE MBTA:

X: _____________________________. Date________________.

(Signature and Date Must Be Handwritten At Time of Signature)

Print Name: _________________________________.

Print Title: _________________________________.

Standard Terms and Conditions Upon execution by the Contractor, these Terms and Conditions will be incorporated by reference into any Contract executed by the Contractor and the Massachusetts Bay Transportation Authority (MBTA), in the absence of a superseding law or regulation requiring a different Contract form. Performance shall include services rendered, obligations due, costs incurred, commodities and deliverables provided and accepted by the MBTA, programs provided or other commitments authorized under a Contract. A deliverable shall include any tangible product to be delivered as an element of performance under a Contract. The MBTA is entitled to ownership and possession of all deliverables purchased or developed with MBTA funds.

Contract Effective Start Date Notwithstanding verbal or other representations by the parties, or an earlier start date indicated in a Contract, the effective start date of performance under a Contract shall be the date a Contract has been executed by an authorized signatory of the Contractor, the MBTA, a later date specified in the Contract or the date of any approvals required by law or regulation, whichever is later.

Payments and Compensation The Contractor shall only be compensated for performance delivered and accepted by the MBTA in accordance with the specific Terms and Conditions of a Contract. Overpayments shall be reimbursed by the Contractor or may be offset by the MBTA from future payments in accordance with state finance law. Acceptance by the Contractor of any payment or partial payment, without any written objection by the Contractor, shall in each instance operate as a release and discharge of the MBTA from all claims, liabilities or other obligations relating to the performance of a Contract. See Form B: Requested Goods & Services Pricing Form, and Form C: Alternate Goods & Services Pricing Form, as applicable, for agreed pricing.

Contractor Payment Mechanism All Contractors will be paid using the MBTA invoicing system and Contractor will submit its invoice with all supporting documentation as prescribed in a Contract. The MBTA shall review and return rejected invoices within fifteen (15) days of receipt with a written explanation for rejection, provided that payment periods listed in a Contract of less than forty-five (45) days from the date of receipt of an invoice shall be effective only to enable the MBTA to take advantage of early payment incentives and shall not subject any payment made within the forty-five (45) day period to a penalty.

Contract Termination or Suspension A Contract shall terminate on the date specified in a Contract, unless this date is properly amended in accordance with all applicable laws and regulations prior to this date, or unless terminated or suspended under this Section upon prior written notice to the Contractor. The MBTA may terminate a Contract without cause and without penalty, or may terminate or suspend a Contract if the Contractor breaches any material term or condition or fails to perform or fulfill any material obligation required by a Contract, or in the event of an elimination of an appropriation or availability of sufficient funds for the purposes of a Contract, or in the event of an unforeseen public emergency mandating immediate MBTA action. Upon immediate notification to the other party, neither the MBTA nor the Contractor shall be deemed to be in breach for failure or delay in performance due to Acts of God or other causes factually beyond their control and without their fault or negligence. Subcontractor failure to perform or price increases due to market fluctuations or product availability will not be deemed factually beyond the Contractor’s control.

Written Notice Any notice shall be deemed delivered and received when submitted in writing in person or when delivered by any other appropriate method evidencing actual receipt by the MBTA or the Contractor. Any written notice of termination or suspension delivered to the Contractor shall state the effective date and period of the notice, the reasons for the termination or suspension, if applicable, any alleged breach or failure to perform, a reasonable period to cure any alleged breach or failure to perform, if applicable, and any instructions or restrictions concerning allowable activities, costs or expenditures by the Contractor during the notice period.

Record-keeping and Retention, Inspection of Records The Contractor shall maintain records, books, files and other data as specified in a Contract and in such detail as shall properly substantiate claims for payment under a Contract,…