OHS Scanning RFP175C-18_12_17_2018_SLV.pdf

MASSACHUSETTS

BAY

TRANSPORTATION

AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 175C-18

FULL SERVICE DOCUMENT

SCANNING SOLUTION – MBTA

OFFICE OF HEALTH SERVICES

COMMBUYS BID#

BD-19-1206-40000-40000-33617

Date Issued: December 18, 2018

RFP 175C-18 Full Service Document Scanning Solution – MBTA OHS

COMMBUYS #: BD- 19-1206-40000-40000-33617 1

1. INTRODUCTION

2. SCOPE OF WORK & TECHNICAL SPECIFICATIONS

2.1 General

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 Response Submissions

3.18 Power of Attorney

3.19 Acceptance of Response

3.20 Validity of Response

3.21 Incomplete Response

4. MBTA POLICIES

4.1 Small, Minority, Women, and Other Disadvantaged Businesses

5. SELECTION PROCESS AND EVALUATION

5.1 Response Opening and Confidentiality

5.2 Responsiveness Review and Basis of Award – Best Value Proposal

5.3 Evaluation and Notification

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5.4 Pass/Fail Evaluation

5.5 Technical Response andEvaluation…………………………………………………………..15

5.6 Price Proposal Evaluation

5.7 Basis of Award: Best Value Proposal

5.8 Successful Bidder

5.9 MBTA Reserved

5.10 Appeal / Protest Procedures

6. CONTRACT STRUCTURE

Enclosure 1 – Bid Cover Letter

Form A: Pre-Award Bidder Evaluation Data Form

Form B: Requested RFP Pricing Form

Form C: Technical Response – Document Attachment

6.1 MBTA Standard Contract Instructions (Section 7.0)

6.2 MBTA Standard Terms & Conditions Instructions (Section 7.1)

7. Massachusetts Bay Transportation Authority Standard Contract

7.1 Standard Terms and Conditions

COMMBUYS #: BD- 19-1206-40000-40000-33617 3

Attn: Bidder/s

Request for Proposals (RFP) # 175C-18

RFP Description: FULL SERVICE DOCUMENT SCANNING SOLUTION – MBTA Office of Health

Services

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) invites Bidders to participate in the competitive bidding of: FULL SERVICE DOCUMENT

SCANNING SOLUTION – MBTA Office of Health Services. The Scope of Work, including Technical

Specifications are outlined below in Section 2. 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 1/25/2019 2:00 PM, 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 # FULL SERVICE DOCUMENT SCANNING SOLUTION – MBTA Office of Health Services COMMBUYS Bid # BD- 19-1206-40000-40000-33617

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1. INTRODUCTION

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks responsive and responsible Bidders with sufficient resources to provide the MBTA Occupational Health Services

Department a full service document scanning solution, including destruction of approximately five million (5,000,000) documents in an efficient, secure and accurate manner. The department documents within this scope of work include: Employee Assistance Program (EAP), Workers’ Compensation, and

Medical/Clinic.

This RFP process shall serve two (2) purposes.

A. The scope of work and technical specifications as set forth in Section 2 of this RFP will remain an independent procurement. The Basis of Award is the Best Value Proposal and will be determined by the scoring of technical and price proposal evaluations, and awarded to one (1) vendor.

B. To identify vendors with technical abilities that will lead to the development of a targeted list of vendors to perform and expedite various types of scanning projects as they arise (based on firm fixed pricing per project). The evaluation and scoring of the Bidder’s Technical Response to this RFP will be the criteria in identifying a targeted list of vendors for future scanning projects.

2. SCOPE OF WORK & TECHNICAL SPECIFICATIONS

2.1 General

2.1.1 The MBTA Occupational Health Services System is seeking competitive bids for the following services:

2.1.2 Document imaging/scanning services with proper orientation including locating/moving Sticky Notes,etc. at a minimum of 300 dpi via for Black/White and 200 dpi for full color aged paper types and/or colored images to include image level QA.

2.1.3 Indexing Requirements: Folder and sub-folder indexing using case number, name, date of birth, document type identifier and short description to include automatic and date exchange fields.

2.1.4 Optical Character Recognition (OCR) services. PDF File Format.

2.1.5 Services shall be in accordance with standards set by the American National

Standards Institute (ANSI) and Association for Information and Image Management

(AIIM).

2.1.6 The work includes all labor, equipment and materials required to complete Scanning, Indexing and Imaging Services, including travel time, freight charges, service charges, parts, material, warranties and ancillaries to complete the work. Also included in this work is the proper handling, secure transport, clean up where applicable, and destruction of originals (upon approval) performed at a Secure Off-Site Destruction Service Facility.

2.1.7 Output/Storage Requirements: External media & Integration with a third party Software vendor. Will provide required file formats and data files for upload and integration with a client's current document management system. Files can be transferred using external media and/or sFTP.

Includes Digital File & Data Delivering (Copy & External Drive) and original documents. Bidder shall agree to provide MBTA a Rolling Grace Period of ninety (90) days of storage of the original and digital documents at Bidder work site so that MBTA may conduct internal and external Quality

Assurance of the work.

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The Rolling Period commences upon the completion of each pre-determined batch of work being performed, that is, defined as a numbered range of document filled boxes. One (1) unit of measure shall equal one (1) box. Upon completion of MBTA review and subsequent approval, documents are to be destroyed by the awarded Bidder at a Secure Off-Site Destruction Facility, or returned to

MBTA.

2.1.8 Service Levels & Estimates: -

Folder Level (Avg. File Size of 50+ Images, heavy prep & 2 manual index fields - over

5M images.

Sub-folder Level (Avg. File Size of 25+ images, heavy prep & 2 manual index fields – over 5M images.

EAP - Approx. 30 Lateral File Drawers; Approx. 195,000 images.

Workers' Compensation - (Active) - Approx. 85 Lateral Drawers; Approx. 425,000 images.

Working Files – Approx. 15 Lateral File Drawers; Approx. 97,500 images.

Bills Only – Approx. 14 Lateral File Drawers; Approx. 91,000 images.

Inactive – Approx. 100 Copy Boxes and 15 Lateral File Drawers; Approx. 397,500 images.

Archive (Basement) – Approx. 875 Copy Boxes; Approx. 2,625,000 images

Medical Clinic - (Active) – Approx. 85 Copy Boxes; Approx. 255,000 images.

Archive (Basement) – Approx. 510 Copy Boxes; Approx. 1,530,000 images.

2.1.9 Confidentiality, Accuracy & Security of Documentation: It is critical that the Bidder understand the required security of the documents. The documents are irreplaceable and must be safeguarded. Once the awarded Bidder receives documents from the Department, they are responsible for their safekeeping. Bidder must safeguard materials at the highest levels in a secure, dry location, handle with great care, safeguards against theft, loss, and/or damage. The documents contain sensitive information such as personal identification. Upon taking possession of the documents, the contractor becomes solely responsible for the security of said documents.

2.1.10 The Bidder will pick up all MBTA Occupational Health Services System documents that are to be scanned and/or have media conversion performed from designated MBTA sites; the

Bidder is responsible for the pick-up of the MBTA documents themselves. The MBTA and the awarded Bidder will mutually develop a procedure, as well as a pickup and delivery schedule. The

MBTA plan is for weekly/bi-weekly pickups.

2.1.11 Logistics

The Bidder is requested to propose method of, and options for, the pick-up and delivery of all MBTA

Occupational Health Services System documents that are to be scanned and/or media conversion performed. The MBTA and awarded Bidder will finalize procedure(s) including the pick-up and delivery schedule.

MBTA Responsibilities:

The MBTA will provide the following resource for the completion of this project:

Point of Contact for coordination and logistics

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3. BIDDERS’ INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bid Conference

A Bidders’ conference with a viewing opportunity will be held December 27, 2018 at 10:00 AM, 10 Park

Plaza, Room 2810, Procurement and Logistics Department, Boston, MA. The Bidders’ conference will permit interactive communication between Bidders and the MBTA. Any Bidders’ conference change of date will be provided by written notice via COMMBUYS. Confirmation of Bidder attendance via

COMMBUYS is encouraged.

The MBTA reserves the right to hold more than one (1) Bidders’ conferences with all Bidders’ at any time prior to the Response Date. Each Bidder, by submittal of its Response, acknowledges the opportunity to attend any Bidders’ conference offered and held to all Bidders, and waives any right to challenge this procurement based on its attendance at, or failure to attend, a Bidders’ conference.

Each Bidder is encouraged to attend Bidders’ conference with appropriate members of its proposed staff, and if requested by the MBTA, senior representatives of proposed team members identified by the MBTA.

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.

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 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.

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

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3.2.1 MBTA DESIGNATED REPRESENTATIVE

Unless specifically stated otherwise in this RFP, Bidder must submit changes to Bidder’s designated representative and any other communications 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.

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-19-1206-40000-40000-33617 and RFP175C-18 FULL SERVICE DOCUMENT

SCANNING SOLUTION – MBTA Office of Health Services 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, 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 12/17/2018

Pre-bid conference with viewing opportunity 12/27/2018 10:00 a.m.

Deadline for submission of Proposer questions via

COMMBUYS

1/10/2019 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on COMMBUYS

1/16/2019 2:00 p.m.

Bid Proposal Due Date 1/25/2019 2:00 p.m.

In Person Presentations & Site Visits (estimated) 2/4/2019---2/15/2019

Award Date (estimated) 2/26/2019

Contract Execution (estimated) 3/18/2019

Service Start Date (estimated) 4/1/2019

3.4 Examination of RFP

Each Bidder shall be solely responsible for examining, with appropriate care and diligence, the RFP, including RIDs and 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.

mailto:rfpresponse@mbta.com

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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 as to the 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.

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 MBTA employees, or competing bidders regarding or during regarding this RFP process, the Contract, or the procurement. Any communications determined by the MBTA, in its sole discretion, to be improper may result in disqualification.

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

Contact via COMMBUYS.

v. 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

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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.

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 the 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 the 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 7.0 Massachusetts Bay

Transportation Authority Standard Contract Terms & Conditions. Many of these provisions are required by law; others are longstanding MBTA policy / practice. Accordingly, Bidders’ 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, c. 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 3.9.3, unless otherwise required by law.

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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 as part of 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.

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.

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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.

3.12 Prices

Pricing for services shall be submitted for work conducted off-site at vendor facility. Provide a total price per image per document as well as all inclusive, project pricing total. Bid must include scanning, prepping, indexing and all other requirements stated in all articles of Section 2 of this

RFP. The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period. Bidders shall submit their pricing using Form

B: Requested RFP Pricing Form. Pricing for services not included on current bid list must be approved prior to commencement of work.

3.13 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.

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.

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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.

SUBMISSION OF RESPONSE

3.17 Response Submissions

Responses shall be submitted via COMMBUYS.

Each Response shall be submitted with all items listed in the enclosed Bid Cover Letter:

a) The Technical Response – Form C

b) The Price Proposal – Form B

The specific requirements for submission of the Technical Proposal are set forth in Form C.

Price Proposal evaluation considerations are outlined in Section 5.6 and 5.7.

If a Bidder is a team, whether or not legally formed, the Technical Proposal Cover Letter and Price Proposal

Cover Letter 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 Proposal and Price Proposal shall be completely separate documents.

Bidder Financials shall be included in Technical Proposal 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.

3.18 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.

3.19 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.

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3.20 Validity of Response

The Response is irrevocable, and shall remain valid and open for acceptance, for a period of one hundred and twenty (120) days after the Response due date. The MBTA reserves the right to extend the validity period and notify Bidders accordingly.

3.21 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.

4. MBTA POLICIES

4.1 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.

5. SELECTION PROCESS AND EVALUATION

5.1 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.

5.2 Responsiveness Review and Basis of Award – Best Value Proposal

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, 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 (FORM C) 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.

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After completion of the evaluation of the remaining Technical Proposals, the remaining Price Proposals

(FORM B) 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.

Price Proposals considered 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.

The Technical Evaluation is based on completeness of Bidder response in the areas stated in the Technical

Response and Evaluation Criteria table located on the following page, and defined in Form C –

Technical Response, document attachment. Bidders are to submit their response as a separate document(s) with their RFP package. Bidders are to present their response referencing each criteria heading and question in the order listed in FORM C – Technical Response. The Technical Response is not to exceed twenty (20) pages.

5.3 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.

5.4 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

5.5 Technical Response and Evaluation

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

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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 and detailed below.

Technical Response and Evaluation Criteria

Experience, Capabilities, and Customer Support

QA/QC, Hardware and Software

Facilities, Security and Logistics

Warrantees and Guarantees

Project Plan and Timeline

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.

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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.

5.6 Price Proposal Evaluation

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

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

5.7 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. The MBTA will then select Bidders to advance for A) Possible in person evaluations and, B) Determine Bidders for future, unspecified work. The MBTA will then conduct Bid Price Evaluations of the remaining Bidders for this single vendor award project, RFP: 175C-18, 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.

5.8 Successful Bidder(s)

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

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5.9 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.

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.

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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.

5.10 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.

6. CONTRACT STRUCTURE

The contract (“Contract”) between the MBTA and the winning Bidder shall be formed by the following sections (“Sections”) of COMMBUYS # BD- 19-1206-40000-40000-33617 and RFP # FULL SERVICE

DOCUMENT SCANNING SOLUTION – MBTA Office of Health Services in order of precedence.

A. Memorandum of Agreement

B. Standard Contract and Terms & Conditions

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

D. Insurance Requirements

E. Contractor Technical Proposal

F. Contractor Price Proposal 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 #: 175C-18

COMMBUYS Bid # BD- 19-1206-40000-40000-33617

Project Name: FULL SERVICE DOCUMENT SCANNING SOLUTION – MBTA Office of Health

Services

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…