MBTA Commuter Coach Damage Repair RFP-158C-18___11_23_18~1.pdf

MASSACHUSETTS

BAY

TRANSPORTATION

AUTHORITY

REQUEST FOR PROPOSALS (RFP)

NON-FEDERAL FUNDED

RFP#: RFP-158C-18

COMMBUYS # BD- 19-1206-40000-42502-33119

REPAIR OF MBTA KAWASAKI COMMUTER

RAIL CONTROL TRAILER COACH 1722

Date Issued: November 23, 2018

RFP: RFP-158C-18 - 1 - COMMBUYS #: BD-19-1206-40000-42502-33119

Project Name: Repair of MBTA Kawasaki Commuter Rail Control Trailer Coach 1722

Contents

1. INTRODUCTION

2. SCOPE OF WORK

2.1 General

2.1.1 Technical Specifications TS-KRC-CTC1722………………………………………………….4

2.2 Contract Duration

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bid Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

3.4 Examination of RFP

3.5 Rules of Contact

3.6 Clarifications of Specifications, Questions and Answers

3.7 RFP Addendum

3.8 MBTA Standard Contract and Terms & Conditions

3.9 Confidentiality / Public Information Act Disclosure Requests

3.10 Business Conduct

3.11 Collusion

3.12 Prices

3.13 Acceptance Period

3.14 Pre-Contractual Expenses

3.15 Tax Exemption

3.16 Insurance

3.17 Disadvantaged Business Enterprise (DBE) Goal

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

4.4 Validity of Response

4.5 Incomplete Response

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

6. SELECTION PROCESS AND EVALUATION

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6.1 Response Opening and Confidentiality

6.2 Responsiveness Review and Basis of Award

6.3 Evaluation and Notification

6.4 Pass/Fail Evaluation

6.5 Technical Response and Evaluation

6.6 Price Proposal Evaluation

6.7 Basis of Award: Best Value Proposal

6.8 Successful Bidder

6.9 MBTA Reserved

6.10 Appeal / Protest Procedures

Enclosure 1 – Bid Cover Letter

Form A: Pre-Award Bidder Evaluation Data Form

Schedule of Attachments………………………………………………………………………21

-Technical Specifications

-Technical Response Questionnaire-Form B, -Price Response Form-C

-Milestone Payment Matrix

-Minimum Insurance Requirements

7. CONTRACT STRUCTURE

7.1 MBTA Standard Contract Instructions (Section 8.0)

7.2 MBTA Standard Terms & Conditions Instructions (Section 8.1)

8. Massachusetts Bay Transportation Authority Standard Contract

8.1 Standard Terms and Conditions

RFP: RFP-158C-18 - 3 - COMMBUYS #: BD-19-1206-40000-42502-33119

Attn: Bidder/s

Request for Proposals (RFP) # RFP-158C-18

RFP Description: Repair of Kawasaki Commuter Rail Trailer Coach 1722

Dear Madam/Sir, The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuit to Mass. Gen. Laws, ch 161A (as amended) seeks qualified, responsive and responsible bidders to participate in the competitive bidding of

RFP-158C-18. The general Scope of Work for this RFP will be the repair of body damage sustained to

MBTA Kawasaki Commuter Rail Trailer Coach 1722. The MBTA may at its own discretion award contract(s) to one or multiple Bidders.

All formal communication with the MBTA during the bidding period shall be only through the designated point of contact.

The MBTA’s designated point of contact for this solicitation will be:

Rob Weiner

Massachusetts Bay Transportation Authority

10 Park Plaza, Room 2810

Boston, MA 02116

Email: rweiner@mbta.com

The RFP shall be launched through COMMBUYS and proposals must be submitted electronically no later than 12/28/2018 2:00 PM, EST, in full compliance with this RFP including but not limited to Section 3, Bidders Instructions and Procurement Process. This RFP shall remain in force until the execution of the

Contract, or until modified or cancelled by the MBTA.

Respectfully, Rob Weiner

Massachusetts Bay Transportation Authority

RFP # RFP-158C-18

COMMBUYS Bid # BD- 19-1206-40000-42502-33119

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1. INTRODUCTION

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) is seeking qualified Bidders for the provisioning and repair of body damage to MBTA Kawasaki Commuter Rail Trailer Coach 1722.

2. SCOPE OF WORK

2.1 General

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks qualified, responsive and responsible Bidders to provide labor, materials, ancillary provisions (if necessary) and transportation, for the repair of left side body damage sustained to a MBTA Kawasaki Commuter Rail Trailer Bi-Level

Coach 1722, due to a tree in the Right of Way. The successful bidder shall arrange transport of the

Commuter Coach to and from the MBTA Rail Road Operations Facility located in Somerville, MA, and agrees to provide updates on the Coach’s movement and location to and from the MBTA Facility to the

MBTA Project Manager.

2.1.1 Technical Specifications

a) Technical Specifications TS-KRC-CTC1722, are provided as a Document Attachment.

b) Interested Bidders must submit a request to the MBTA designated contact via email rweiner@mbta.com to be granted access to Appendices 1-7 on the ShareSite, website. Bidder is to include in the subject line: ShareSite Request RFP- 158C-18. Include Bidder’s Name, Company name and Email address in the body of the Email, and the request will be submitted for processing. Bidder will be notified of ShareSite access via Email.

2.2 Contract Duration

The estimated duration of this contract, including the pick-up and delivery of MBTA Kawasaki Coach

1722, is six (6) months from the Notice to Proceed date.

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Pre-Bid, On Site Equipment Examination

A Pre-Bid, On Site Equipment Examination will be held on Thursday 12/06/2018, 11:00 A.M., at the

MBTA Rail Road Operations Facility, 70 REAR THIRD AVENUE, SOMERVILLE, MA 02143.

Confirmation of Bidder’s attendance is highly recommended. The MBTA reserves the right to hold more than one Bidders’ conference with all Bidders at any time prior to the Response Date. If an additional

Bidders’ conference is necessary, the MBTA will issue notice via COMMBUYS, including the method, telephonic or otherwise, and purpose of the meeting.

Each Bidder, by submittal of its Response, acknowledges the opportunity to attend any Bidders’ conference, offered to all Bidders, and waives any right to challenge this procurement based on its attendance at, or failure to attend, a Bidders’ conference. Bidders are encouraged to attend the On-Site Bidders’ conference with appropriate members of its proposed staff, including senior representatives of its Company.

Nothing stated at any Bidders’ conference or included in a written record or summary of a Bidders conference will modify this RFP or any other part of the RFP unless it is incorporated in an addendum issued.

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3.2 Procurement Method

This RFP is issued pursuant to the following laws and regulations: 801 CMR 21.00.

Bidder shall be responsible for making itself fully aware of, complying with, and in its Response addressing the impact of and compliance with all applicable laws and regulations.

This RFP will be launched and managed via the MBTA’s solicitation platform, COMMBUYS.

Instructions for log-in and use of COMMBUYS are described in 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 and to keep current the email address of the Bidder’s Designated Representative 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.

3.2.1 MBTA DESIGNATED REPRESENTATIVE

Unless specifically stated otherwise in this RFP, Bidder must submit changes to Bidder’s designated representative and any other communications in to the MBTA’s Point of Contact via COMMBUYS. The

MBTA’s Point of Contact is Rob Weiner, rweiner@mbta.com.

3.2.2 INDENTIFICATION OF BIDDER DESIGNATED REPRESENTATIVE

When submitting a Bid, the Bidder must identify to the MBTA’s Point of Contact its own Designated

Representative to act on behalf of the Bidder relating to this procurement.

http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx mailto:COMMBUYS@state.ma.us

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3.3 RFP Calendar and Delivery Instructions

Bidder is required to prepare and submit all required documents to MBTA electronically via

COMMBUYS with COMMBUYS #BD- 19-1206-40000-42502-33119 and RFP# RFP-158C-18 indicated in the Subject Line of each communication.

The MBTA anticipates carrying out the procurement process in accordance with the schedule noted in the table below. All times are local Boston, Massachusetts, USA, (EST) times unless otherwise indicated. The schedule is subject to modification at the sole discretion of the MBTA. Bidders will be notified of any change by an addendum to this RFP.

TABLE: RFP CALENDAR

Procurement Activity Date Time

RFP issued 11/23/2018

Pre-bid, On-Site Equipment Examination 12/6/2018 11:00 a.m.

Deadline for submission of Proposer questions via

COMMBUYS

12/12/2018

2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

12/21/2018

2:00 p.m.

Response Due Date 12/28/2018 2:00 p.m.

Notice of Award (estimated) 1/10/2019

Contract Execution (estimated) 1/22/2019

Service Start Date (estimated) 1/29/2019

3.4 Examination of RFP

Each Bidder shall be solely responsible for examining, with appropriate care and diligence, the RFP, any addenda and material made available to Bidders by the MBTA, and for informing itself with respect to any and all conditions that may in any way affect the amount or nature of its Response, or the performance of the Contractor’s obligations under the Contract with the MBTA. Failure of the Bidder to so examine and inform itself shall be at its sole risk, and the MBTA will provide no relief for any error or omission.

The submission of a Response shall be considered prima facie evidence that the Bidder has made the above-described examination and is satisfied as to the conditions to be encountered in performing the Work and requirements of the Contract.

3.5 Rules of Contact

Starting on the date the RFP is issued and ending on the earliest of (a) the award and execution of the

Contract, (b) rejection of all Responses by the MBTA, or (c) cancellation of the procurement, the following rules of contact shall apply. These rules are designed to promote a fair and unbiased procurement process.

Contact includes face-to-face, telephone, email, or formal written communication.

mailto:rfpresponse@mbta.com

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The specific rules of contact are as follows:

i. No Bidder, or any of its team members, may communicate with another Bidder or its team members with regard to this RFP or either team’s Response, except that subcontractors that are shared between two or more Bidder teams may communicate with their respective team members so long as those Bidders establish a protocol to ensure that the subcontractor will not act as a conduit of information between the teams. This prohibition does not apply to public discussions regarding the RFP at any MBTA sponsored Bidders’ conferences.

ii. No Bidder or representative thereof shall have any ex parte communications regarding the RFP, the Contract, or the procurement described herein with any member of the MBTA’s Fiscal and

Management Control Board (“FMCB”), the Massachusetts Department of Transportation

(“MassDOT”) Board of Directors, or with any MassDOT or MBTA staff, advisors, contractors, or consultants involved with the procurement, except for communications expressly permitted by the

RFP or except as approved in advance at the MBTA’s Point of Contact’s sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFP, Contract, or procurement or from participation in public meetings of the

MBTA FMCB or MassDOT Board of Directors or any public or Bidder workshop related to this

RFP.

iii. The Bidders shall not contact employees, representatives, members of the MBTA, and employees of the Consulting Firm, LTK who worked on the procurement process regarding this RFP, the

Contract, or the procurement.

iv. Any communications determined by the MBTA, in its sole discretion, to be improper may result in disqualification.

v. Any official information regarding this RFP will be disseminated from the MBTA’s Point of

Contact via COMMBUYS.

vi. The MBTA will not be responsible for any oral exchange or any other information or exchange that occurs outside the official process specified herein.

3.6 Clarifications of Specifications, Questions and Answers

Bidders shall review the RFP and any addenda issued by the MBTA prior to the Response Date, and request written clarification or interpretation of any perceived discrepancy, deficiency, ambiguity, error, or omission contained therein, or of any provision which the Bidder fails to understand or to which the Bidder is suggesting a change. Failure of the Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be provided by the MBTA. Bidders shall submit, and the MBTA will respond to, questions and requests for written clarification in accordance with this Section 3.7.

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by Bidder through the “Bid Q&A” tab in COMMBUYS. Such comments and questions may be submitted at any time prior to the applicable date specified in Section 3.3 or such later date as may be specified in any addendum 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’s

Point of Contact via the 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.

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3.7 RFP Addendum

The MBTA reserves the right to issue addenda to the RFP after initial publication.

The MBTA will not be bound by, and Bidders should not rely on, any oral communications regarding the

RFP. Use of any information gathered or received from other agencies or entities shall be at the Bidder’s own risk. Only information verified in writing by the MBTA will be considered reliable.

It is each Bidder’s responsibility to check COMMBUYS for any addenda and any Bid Q&A records related to this RFP. The MBTA and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit their Response based on an out-of-date RFP or on information received from a source other than COMMBUYS.

The Bidder shall acknowledge in its Technical Proposal Cover Letter (see Enclosure 1) receipt of all addenda and question and answer responses. Failure to acknowledge such receipt may cause the Response to be deemed non-responsive and be rejected.

3.8 MBTA Standard Contract and Terms & Conditions

The MBTA does not encourage attempts to negotiate the Section 8.1 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.

3.9 Confidentiality / Public Information Act Disclosure Requests

3.9.1 Disclosure Waiver

Each Bidder, by submitting a Response to the MBTA in response to the RFP, consents to the disclosures described in this RFP, including this Section and all other disclosures required by law, and expressly waives any right to contest, impede, prevent, or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing, or delaying such disclosure, under Mass. Gen. Laws, ch. 66 (the

Massachusetts Public Records Law or “Public Records Law”) or any other law relating to the confidentiality or disclosure of information. Under no circumstances will the MBTA be responsible or liable to a Bidder or any other party as a result of disclosing any such materials. Each Bidder hereby further agrees to assist the MBTA in complying with these disclosure requirements.

3.9.2 Public Disclosure of Response Documents

After execution of the Contract, or in the event that the procurement is cancelled by the MBTA, the MBTA shall have the right to publicly disclose any and all portions of all the Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 3.10, unless otherwise required by law.

3.9.3 Disclosure Process for Requests Under the Public Records Law

All written correspondence, exhibits, reports, printed material, photographs, tapes, electronic disks, and other graphic and visual aids submitted to the MBTA during this procurement process, including the response to this RFP, become the property of the MBTA upon their receipt by the MBTA and will not be returned to the submitting parties. Except as provided in the Public Records Law, all materials submitted to the MBTA are subject to release as public records. Bidders shall familiarize themselves with the provisions of the Public Records Law. In no event shall the MBTA, or any of their agents, representatives, consultants, directors, officers, or employees, be liable to a Bidder or Bidder team member for the disclosure of all or a portion of a Response or related information submitted during this procurement.

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If a Bidder has special concerns about information which it desires to make available to the MBTA but which it believes constitutes a trade secret, proprietary information, or other information excepted from disclosure, such responding Bidder shall specifically and conspicuously designate that information by placing “TRADE SECRET - PROPRIETARY” in the header or footer of each such page affected and by identifying such trade secret, proprietary information in the Technical Proposal Cover Letter (see

Enclosure 1). Nothing contained in this provision shall modify or amend requirements and obligations imposed on the MBTA by the Public Records Law or other applicable law. The provisions of the Public

Records Law or other laws shall control in the event of a conflict between the procedures described above and the applicable law.

If the MBTA receives a request for public disclosure of all or any portion of a Response or its related information that is designated as ”trade secret - proprietary,” the MBTA will endeavor to use reasonable efforts to notify the applicable Bidder of the request. The Bidder can assert, in writing and at its sole expense, a claimed exception under the Public Records Law or other applicable law within the time period specified in the notice issued by the MBTA and allowed under the Public Records Law. The Bidder can choose to defend any action seeking release of the records it believes to be confidential information. The

Bidder shall indemnify, defend, and hold harmless the MBTA and its agents and employees from any judgments awarded against the MBTA and its agents and employees in favor of the party requesting the records, including any and all costs connected with that defense. This indemnification survives the MBTA’s cancellation or termination of this procurement or award and subsequent execution of a Contract. In submitting a Response, the Bidder agrees that this indemnification survives as long as the trade secret, proprietary information is in the possession of the MBTA.

The MBTA shall not under any circumstance be responsible for securing a protective order or other relief enjoining the release of information marked “trade secret – proprietary” in any Response, nor shall the

MBTA be in any way financially responsible for any costs associated with securing any such order or for any loss associated with the release of information marked “trade secret – proprietary” or otherwise.

3.10 Business Conduct

All Responses submitted by a Bidder to the MBTA shall be made without collusion with any other

Bidder(s) submitting a Response to this RFP.

Bidder shall not directly or indirectly, in relation to this RFP, give, promise, attempt to give, or approve or authorize the giving of anything of value, including by transferring all or part of the remuneration payable under any Contract, to:

a) any person employed or representing the MBTA;

b) any other person, including any public official;

c) a political party or a labor union controlled by any governmental authority or political party; or

d) a charitable or other organization, or an officer, director, or employee thereof, or any person acting directly or indirectly on behalf of the same for the purpose of (i) securing any improper advantage for either Bidder or the MBTA; (ii) inducing or influencing a public official improperly to take any action or refrain from taking any action in order for either Bidder or the MBTA to obtain or retain business, or to secure the direction of business to either

Bidder or the MBTA, or (iii) inducing or influencing a public official to use his or her influence with any governmental authority or public international organization for any such purpose.

3.11 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.

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3.12 Pricing

Each Bid shall contain the unit price(s) / rate(s), extended price(s), and the grand total of the Bid. Bidders shall submit their pricing using attached document Form C: Price Response Form Attachment. The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period. Pricing for items not on bid list must be approved prior to commencement of work.

This RFP includes a Milestone Payment Matrix provided as a document attachment, which defines six (6) milestones, varying in degrees of value respective of project execution and completion, the total of which equals 100% of the contract value. The Bidder, by submission of RFP response, acknowledges acceptance of the Milestone Payment Matrix (document attachment) provided by the MBTA.

3.13 Acceptance Period

The Authority requires a minimum Acceptance Period of at least fourteen (14) 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.

3.14 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.

3.15 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.

3.16 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.

3.17 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 10.1.21 Federal Requirements – Disadvantaged Business Enterprises for detail on the DBE policy, program, and requirements.

Although there is no established goal for participation on this contract by DBEs, the MBTA encourages bidders to use DBEs as subcontractors to the extent practical.

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4. SUBMISSION OF RESPONSE

4.1 Response Submissions

Responses shall be submitted via COMMBUYS.

The Bidders’ RFP Response shall be submitted in the following two parts along with Enclosure 1

Bid Cover Letter:

a) Form B: Technical Response Questionnaire -Attachment

b) Form C: Price Response Form - Attachment

If a Bidder is a team, whether or not legally formed, the Technical Response and Price Response shall each be signed by all parties to the Bidder so that the Response is legally binding upon each member of the

Bidder.

Any interlineations, erasures or overwriting in the Response will only be valid if they are initialed by the

Authorized Signatories.

Bidders shall submit Responses including all forms and schedules and shall not remove pages from the provided forms. The Technical Response and Price Response shall be completely separate documents.

Bidder Financials shall be included in Technical Response only.

Any Response which materially fails to meet the Response requirements of the RFP will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the Bidder to make minor corrections to the Response.

4.2 Power of Attorney

Bidder shall enclose a power of attorney in its own form, duly signed by a legally authorized officer of the

Bidder authorizing the Authorized Signatories to sign the Response and bind the Bidder to the Response.

4.3 Acceptance of Response

The Response constitutes a binding offer by the Bidder to perform the Scope of Work on the terms of the

Response, and the MBTA shall have the right to accept or reject such offer and/or any conditions proposed in full or in part. If the Response is accepted, the Bidder shall conclude the Contract with the MBTA, based on the RFP, any addenda, the Response and any agreed amendments thereto. Until the formal Contract is signed, Bidder has no authority to proceed with the Scope of Work or to incur any costs for which MBTA may be held liable. MBTA shall have no obligations towards Bidder until a formal contract has been entered into.

4.4 Validity of Response

The Response is irrevocable, and shall remain valid and open for acceptance, for a period of one hundred and eighty (180) days after the Response due date. The MBTA reserves the right to extend the validity period and notify Bidders accordingly.

4.5 Incomplete Response

If Bidder does not fully comply with this RFP, or if the Response is incomplete or vague, the Response may not be considered, unless the MBTA in its absolute discretion decides otherwise.

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5. MBTA POLICIES

5.1 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.

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

All information received from each Bidder will be treated as confidential information and will not be distributed prior to Contract execution, other than for the purpose of evaluation of the Response.

6.2 Responsiveness Review and Basis of Award

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.

Upon receipt, the Technical Proposals will be reviewed for responsiveness to the RFP requirements. The

Technical Proposals will be reviewed for (i) deficiencies and minor informalities, irregularities, and apparent clerical mistakes which are unrelated to the substantive content of the Response; (ii) conformance to the RFP instructions regarding organization and format; and (iii) the responsiveness of the Bidder to the requirements set forth in this RFP. The MBTA may request Bidder clarification of any minor informalities, irregularities, and apparent clerical mistakes, after which the MBTA may evaluate the Response, at the

MBTA’s sole discretion.

Those Technical Proposals not responsive to this RFP may at the MBTA’s sole discretion be excluded from further consideration and the Bidder will be so advised.

After completion of the evaluation of the remaining Technical Proposals, the remaining Price Proposals will be reviewed for responsiveness to the RFP requirements. The Price Proposals will be reviewed for (i) deficiencies and minor informalities, irregularities, and apparent clerical mistakes which are unrelated to the substantive content of the Response; (ii) conformance to the RFP instructions regarding organization and format; and (iii) the responsiveness of the Bidder to the requirements set forth in this RFP. The MBTA may request Bidder clarification of any minor informalities, irregularities, and apparent clerical mistakes after which the MBTA may evaluate the Response, at the MBTA’s sole discretion.

Those Price Proposals not responsive to this RFP may at the MBTA’s sole discretion be excluded from further consideration and the Bidder will be so advised.

The MBTA may also exclude from consideration any Bidder whose Response contains a material misrepresentation.

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6.3 Evaluation and Notification

Based on the information provided in each Response, the MBTA will perform Response evaluation and seek clarifications as necessary through requests for clarification or in meetings to be arranged at MBTA discretion. The MBTA will evaluate Responses based on a combination of Pass/Fail Criteria, Technical Evaluation Criteria, and Price Evaluation Criteria. The process may, at the MBTA’s sole discretion, include requests for additional written information or clarification from any Bidder to assist in evaluation, include oral interviews, include a request for best and final offers (”BAFOs”), and include a negotiations phase with the selected Bidder.

6.4 Pass/Fail Evaluation

The Proposal will be evaluated based on the Pass/Fail Evaluation Criteria identified below. Each Bidder must obtain a “pass” on all Pass/Fail Evaluation Criteria in order for its Response to be eligible for selection. The MBTA may request Bidder clarification on a Pass/Fail Evaluation Criteria, after which

MBTA may re-evaluate the Response, at MBTA’s sole discretion.

Criteria Evaluation

Methodology Evaluation Basis

Legal Pass/Fail Form A

Financial Stability Pass/Fail Form A

6.5 Technical Response and Evaluation

Each criterion will be evaluated considering all of the information included in the Technical Response related to the criterion, as well as other information gathered from references, presentations, and on-site visits.

The MBTA may at its own expense and upon reasonable notice, visit and inspect current operations of the

Bidder and/or any proposed subcontractors, including the premises, facilities, equipment, personnel and other resources, and carry out related appraisals as part of the Response evaluation prior to entering into any Contract.

The Technical Evaluation Criteria is identified below. Technical Response Form B, provides the details.

Technical Response & Evaluation Criteria

Scope of Work and Technical Requirements

Experience and Past Performance

Facilities and Capabilities

Planning and Execution

Quality Assurance, Inspection, Documentation & Reporting

Warranties and Guarantees

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The Technical Evaluation Criteria will be rated using a numerical rating approach. This will be based on the following scoring scale.

a) Excellent (5 Points Awarded): The Bidder has presented and supported an approach that is considered to significantly exceed stated criteria in a way that is beneficial to the

MBTA. This rating indicates a consistently outstanding level of quality, with very little or no risk that this Bidder would fail to meet the requirements of the solicitation. There are no weaknesses.

b) Good (4 Points Awarded): The Bidder has presented and supported an approach that is considered to meet the stated criteria. This rating indicates a generally better than acceptable quality, with little risk that this Bidder would fail to meet the requirements of the solicitation. Weaknesses, if any, are very minor and not material to the Response.

Correction of the weaknesses would not be necessary before the Response would be considered further.

c) Satisfactory (2 Points Awarded): The Bidder has presented and supported an approach that is considered to possibly meet the stated criteria. This rating indicates a level of risk to the MBTA. Weaknesses exist but may be corrected through requests for clarification.

d) Fair (1 Point Awarded): The Bidder has presented and supported an approach that fails to meet stated criteria and would pose a clear risk to the MBTA. The issues may be susceptible to correction through major and lengthy discussions. Such a response is considered marginal in terms of the basic content or amount of information provided for evaluation.

e) Poor (0 Points Awarded): The Bidder has presented and supported an approach that indicates significant weaknesses or unacceptable quality, or fails to include evidence that it is capable of providing the services requested. The Response fails to meet the stated criteria or lacks essential information. There is no reasonable likelihood of success;

weaknesses are so major or extensive that a major revision to the Response would be necessary.

Bidders must obtain a minimum average score of 2 from the Selection Committee on each Technical

Evaluation Criterion and rank among the top three highest Technical Proposal Scores in order to qualify for an on-site visit.

The Bidders, which maintain a minimum average score of 2 from the Selection Committee on each

Technical Evaluation Criterion after the on-visit re-evaluation and rank among the top three highest

Technical Proposal Scores will progress to Price Proposal Evaluation.

6.6 Price Proposal Evaluation

Price will be evaluated in combination with The Technical Evaluation Criteria listed in ch 6.5. While the

MBTA seeks to minimize costs, the selection of a winning Proposal will be made on a best-value basis.

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6.7 Basis of Award: Best Value Proposal

Bidder is advised that the MBTA shall not be bound to accept the lowest priced Response or the Response with the highest technical Proposal Score. The selection will be made on a best-value basis, evaluating price along with other factors. For purposes of this procurement, all evaluation factors other than price, when combined, are more important than the lowest price. Therefore, the MBTA may decline to select the lowest-priced, technically acceptable Proposal, if the MBTA determines that another, higher-priced Proposal demonstrates sufficient additional technical merit to justify the additional cost. Similarly, price will be an important factor in differentiating between Proposals of comparable technical merit.

In order to make a selection, the MBTA will determine whether the Responses are responsive and evaluate both the Pass/Fail Evaluation Criteria and Technical Evaluation Criteria, and assign an overall Technical

Proposal Score. After the determination of the Technical Proposal Score, the MBTA will evaluate the Price

Evaluation Criteria of the remaining Bidders and assign an overall Price Proposal Score. To determine the best value, the MBTA will then conduct a trade-off analysis determining whether the perceived benefits of the higher priced Response merit the additional cost.

The MBTA will not select any Bidder that receives a rating of fail on any Pass/Fail Evaluation Criteria or less than an average of 2 on any Technical Evaluation Criteria. The MBTA will not select any Bidder that the MBTA determines has submitted a non-responsive Technical or Price Proposal or to have submitted any pricing information that is not reasonable. The MBTA reserves the right to accept or reject, at its sole discretion, any or all Responses in full or in part.

6.8 Successful Bidder

The successful Bidder will be posted in COMBUYS. All unsuccessful Bidders shall immediately return all confidential information to the MBTA.

6.9 MBTA Reserved

In connection with this RFP, the MBTA reserves to itself all rights (which rights shall be exercisable by the MBTA in its sole discretion) available to it under applicable laws, including without limitation, with or without cause and with or without notice, the right to:

a) Modify the RFP process in its sole discretion to address applicable law and/or the best interests of the MBTA.

b) Develop the work to be performed under the Contract in any manner that it, in its sole discretion, deems necessary. If the MBTA is unable to negotiate a Contract to its satisfaction with a Bidder, it may negotiate with the Bidder with the next highest ranked proposal, terminate this RFP and pursue other developments or solicitations relating to the work to be performed under the Contract, or exercise such other rights under the provisions of Massachusetts law as it deems appropriate.

c) Cancel this RFP in whole or in part at any time prior to the execution by the MBTA of a Contract, without incurring any cost, obligations, or liabilities.

d) Issue a new Request for Proposals after withdrawal of this RFP.

e) Not select any Bidder or cancel this procurement.

f) Reject any and all submittals and Responses received at any time.

g) Modify all dates set or projected in this RFP.

h) Terminate evaluations of Responses received at any time.

i) Exclude any potential Bidder from submitting any response to the RFP based on failure to comply with any requirements of those documents.

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j) Suspend and terminate Contract negotiations at any time, elect not to commence Contract negotiations with any responding Bidder, and engage in negotiations with the Bidder with the next highest ranked proposal if negotiations are unsuccessful with the apparent successful Bidder.

k) Issue addenda, supplements, and modifications to this RFP.

l) Appoint an Evaluation Team to evaluate Responses, make recommendations to the MBTA FMCB and MassDOT Board of Directors, and seek the assistance of MBTA, MassDOT, and consultant technical experts in Response evaluations.

m) Require confirmation or clarification of information furnished by a Bidder, require revised or additional information from a Bidder concerning its Response, and require additional information to clarify the Response submitted in response to this RFP.

n) Conduct presentations with Bidders, identify a short-list of Bidders, and conduct on-site visits at

Bidder facilities.

o) Declare a competitive range, conduct discussions, and request Response revisions and best and final offers.

p) Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFP.

q) Add or delete Bidder responsibilities from the information contained in this RFP.

r) Waive deficiencies in a Response, accept and review a non-conforming Response, or permit clarifications, revisions, or supplements to a Response.

s) Negotiate with a Bidder without being bound by any provision in its Response, or choose to award and/or execute the Contract without negotiations.

t) Disqualify any Bidder that changes its submittal without MBTA approval.

u) Disqualify any Bidder under this RFP for violating any rules or requirements of the procurement set forth in this RFP or in any other communication from MBTA.

v) Delay issuance of notice to proceed after execution of the Contract.

w) Conduct all or any portion of the Scope of Work itself.

x) Exercise any other right reserved or afforded to the MBTA under this RFP.

This RFP does not commit the MBTA to enter into a Contract or proceed with the procurement described herein. The MBTA assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to and/or responding to this RFP. All of such costs shall be borne solely by each Bidder.

In no event shall the MBTA be bound by, or liable for, any obligations with respect to the work to be performed under the Contract until such time (if at all) as the Contract, in form and substance satisfactory to the MBTA, has been executed and authorized by the MBTA and, then, only to the extent set forth therein;

provided, however, that the foregoing disclaimer in this sentence shall not apply to the obligations of the

MBTA to the Bidders during the procurement process, which obligations are expressly set forth in this RFP.

In submitting a Response to the RFP, each Bidder is specifically acknowledging these disclaimers.

6.10 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 online at www.mbta.com.

http://www.mbta.com/

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Enclosure 1 – Bid Cover Letter

Massachusetts Bay Transportation Authority

Attention: Procurement and Logistics Department

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.

RFP #: RFP-158C-18

COMMBUYS Bid # BD- 19-1206-40000-42502-33119

Bidder (Company Name):

The undersigned Bidder having carefully examined and understood the documents included in the Request for Proposals (“RFP”), hereby offers to MBTA the “Bid” as contained in the following responses enclosed with this letter:

Forms

Check to

Indicate

Submitted Bid

Documents

Form A: Pre-Award Bidder Evaluation Form ☐

Form B: Technical Response - Questionnaire ☐

Form C: Price Response Form ☐

Signed Section 8 .1 Massachusetts Bay Transportation Authority

Standard Terms and Conditions

Note: Section 8 Massachusetts Bay Transportation Authority

Standard Contract is NOT to be submitted; i t is not completed unti l award

Proof of Insurance ☐

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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:

Please select one:

☐ Individual ☐ Partnership ☐ Corporation ☐ Joint Venture

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:

Please provide the following information that demonstrates that the Bidder together with its selected Affiliates and or Subcontractors has the required capabilities to successfully execute the Work. Please submit as attachments the following requested documents:

Check

Attachment

Articles of Incorporation ☐

Audited financial statements for the last 3 financial years ☐

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Attach, if applicable, a list of similar current contracts that demonstrates your technical proficiency, each with contract value amount, name of contracting party, type of work completed, and percentage of work complete to date.

Attach, if applicable, a list of all principal subcontractors and the percentage and nature and value of work each will perform on this project. Principal items of work shall include, but not be limited to, those listed in the solicitation.

Please provide answers to the following questions:

Check

Answer

Do you have any outstanding indebtedness or unsecured loans or debts or trading losses not reported within the financial reports?

Yes ☐

No ☐

Do you have any contracts over the last two years that were assessed liquidated damages or termination for non-performance?

Yes ☐

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.

I, the undersigned, confirm that this Bid is in exact accordance with the solicitation with no exceptions to, or comments upon, the solicitation documents. I 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. Furthermore, the undersigned, confirms that this Bid has been prepared and is compliant with the solicitation instructions, and agree to ensure that our organization will conduct itself in accordance with the solicitation. I confirm receipt of all addenda related to this solicitation and confirm the 180 days Acceptance Period of this Proposal.

It is confirmed, that the undersigned, is legal representative and authorized signatory on behalf of and to bind __________________________ (include Bidder’s name) to the provisions of this Bid.

Bidder (company name):

Authorized Representative Name:

(BLOCK LETTERS)

Authorized Representative’s Signature:

Tit le:

Date:

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Schedule of Attachments

- Technical Specifications & Scope of Work TS-KRC-CTC1722

- Form B – Technical Response Questionnaire

- Form C – Price Response Form

- Milestone Payment Matrix

- MBTA Minimum Insurance Requirements

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7. CONTRACT STRUCTURE

The contract (“Contract”) between the MBTA and the winning Bidder shall be formed by the following sections (“Sections”) of COMMBUYS # BD- 19-1206-40000-42502-33119 and RFP # RFP-158C-18 in order of precedence.

A. Memorandum of Contract

B. Standard Contract and Terms & Conditions

C. Scope of Work described in the RFP, any amendments, the most recent having precedence

D. Technical Specifications

E. Insurance Requirements

F. Contractor Technical Response

G. Contractor Pricing Response

7.1 MBTA Standard Contract Instructions (Section 8.0)

Bidders Do Not sign Section 8 Massachusetts Bay Transportation Authority Standard Contract upon submission of their bid. When the MBTA plans to award contract, the MBTA designated Point of

Contact will send Section 8.0 Massachusetts Bay Transportation Authority Standard Contract to the successful bidder for signature.

7.2 MBTA Standard Terms & Conditions Instructions (Section 8.1)

Each bidder must…