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MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 105F-26

DESCRIPTION: SHUTTLE BUS SERVICES

Date Issued: September 15, 2026

RFP: 105F-26 - 1 - Rev: 8/17/2026 Project Name: DESCRIPTION

Contents

1. INTRODUCTION

Description of Procurement

2. SCOPE OF WORK

2.1 Additional Services

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Procurement Method

3.2 RFP Calendar and Delivery Instructions

3.3 Pre-Bid Conference

3.4 Dissemination of Confidential Information

3.5 Examination of RFP

3.6 Rules of Contact

3.7 Clarifications of Specifications, Questions and Answers

3.8 RFP Addendum

3.9 Due Date

3.10 Virtual Public Bid Opening

3.11 MBTA Standard Contract and Terms & Conditions

3.12 Confidentiality / Public Information Act Disclosure Requests

3.13 Business Conduct

3.14 Collusion

3.15 Prices

3.16 Acceptance Period

3.17 Eligible Entities

3.18 Pre-Contractual Expenses

3.19 Tax Exemption

3.20 Insurance

3.21 Build America, Buy America Requirements

4. SUBMISSION RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

4.4 Incomplete Response

RFP: 105F-26 - 2 - Rev: 8/17/2026

5. MBTA POLICIES

6. SELECTION PROCESS AND EVALUATION

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

7. CONTRACT STRUCTURE

Enclosure 1 – Bid Cover Letter

Form A: Pre-Award Bidder Evaluation Data Form

Form B: Technical Response

From C: Requested RFP Pricing Form

8. MBTA STANDARD CONTRACT AND TERMS AND CONDITIONS INSTRUCTIONS FOR

VENDORS

8.1 MBTA Standard Contract Instructions (Section 9.0)

8.2 MBTA Standard Terms & Conditions Instructions (Section 9.0)

9. Massachusetts Bay Transportation Authority Standard Contract

9.1 Standard Terms and Conditions

RFP: 105F-26 - 3 - Rev: 8/17/2026

Attn: Bidder/s Request for Proposals (RFP) # 105F-26 RFP Description: Description

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 bid for Description. The Scope of Work is outlined below in Section 2. The MBTA may at its own discretion award the contracts (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 prime point of contact for this solicitation will be:

Sourcing Manager name Massachusetts Bay Transportation Authority 10 Park Plaza, Room 2810 Boston, MA 02116 Email: moconnor2@mbta.com

The RFP shall be launched through COMMBUYS and proposals must be submitted electronically no later than 11/04/2026 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, Mellissa O’Connor

Massachusetts Bay Transportation Authority

RFP # 105F-26

RFP: 105F-26 - 4 - Rev: 8/17/2026

1. INTRODUCTION

Description of Procurement

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) is soliciting proposals from qualified Bidders to join a pool of operators, who will operate turnkey replacement Shuttle Bus Service, including drivers, vehicles, and supervision.

Shuttle Bus Service is used by the MBTA for various reasons including:

Bus service for a portion of the subway or commuter rail system so that construction and/or maintenance activities can be performed

Bus service for a portion of the subway or commuter rail system to allow the system to shut down for unplanned repairs or emergencies, such as derailments, fallen trees, equipment issues and others

Additional bus service in support of an MBTA operated shuttle

MBTA expects to spend approximately $120M during the life of the contract (2 years), based on years 2025-2026, where MBTA spent an average of $5M per month. This expenditure will be distributed amongst vendors, across multiple projects.

Shuttle services are referred to as Projects and may be required at any time during the MBTA’s hours of operation and may require any number of vehicles. Most projects are known and planned in advance and therefore will have significant advanced notice. Other needs are related to emergencies and may require an immediate response.

Project duration and number of vehicles required will vary significantly, from as few as one vehicle for one day to over twenty (20) vehicles on an established schedule for a period of weeks.

Once a pool of operators has been established, the MBTA will assign specific Projects to contractors based on the project-specific requirements including vehicle types, contractor availability, contractor past performance, and cost. Each Project will clearly state what are the requirements and deciding parameters for assignment.

All contractors in the pool will have established hourly rates for (a) vehicles with drivers and (b) supervisors, For some Projects, the MBTA may offer all contractors or a subset of qualified contractors the opportunity to provide a project-specific bid.

The term is for a Two-year period (April 1st 2027 through March 2029), with a three one-year option (April 2029 through March 20321).

Following the awarding of this RFP, MBTA will re-open, at its discretion, every year, a selection process for new vendors to join the vendor pool, pending review.

The MBTA reserves the right to award contracts to multiple bidders. Each contract will be assigned an expected cost value, which may be amended throughout the life of the contract. The total contract value assigned to each vendor is determined by the MBTA at our discretion.

RFP: 105F-26 - 5 - Rev: 8/17/2026

Project Assignment MBTA will assign Projects to one or more Contractors, entirely at its discretion. MBTA may choose, at its discretion, to present Projects to some or all Contractors, to allow them to reduce their rates for that Project (Contractors will not be allowed to increase their rate, above their contracted rate, as bid in this RFP). Contractors will not be obligated to reduce their rates, however, MBTA may choose to assign Projects based in part, or entirely, on the total estimated cost for the Project. MBTA may choose to include additional parameters for Project assignment, at its discretion. These additional parameters, may include, but are not limited to:

Accessibility – number of ramp-equipped low floor, transit style vehicles. Ramp equipped vehicles may be required or preferred, based on the project conditions.

Customer complaints and/or data from the Internal Access Monitoring Program on previous services provided by Contractor

Past experience in similar projects

MBTA will provide Contractors with comprehensive operational information on each project, and MBTA decision parameters for each project.

MBTA may award a contract to any vendor deemed capable of meeting the requirements of this RFP.

Any contract awarded as a result of this RFP, will supersede and cancel any previous existing contract that the Contractor may have with the MBTA for the same services.

Project Notice MBTA will attempt to provide ample and reasonable notice for Projects, to the best of its ability. The majority of projects are construction projects with six (6) or more weeks of notice prior to operational needs.

However, some Projects may require shorter notice, due to the operational, safety or emergency needs related to the projects. In such event, MBTA will contact Contractors, at its discretion to secure operational support, per specific project needs.

Project Cancellation In the event of a cancelled Project, MBTA will attempt to provide Contractor with cancellation notice as soon as possible. In the event that cancellation notice was not provided to Contractor at a reasonable time, MBTA will reimburse Contractor for incurred costs that are directly related to late cancellation notice.

Contractor must provide documentation and support for these claimed costs.

The Request for Proposal (RFP) is comprised of the following documents:

• RFP 16-24, and Form Enclosures including:

o Enclosure 1 – Bid Cover Letter o Form A – Pre-Award Bidder Evaluation Data Form

• Attachments o Attachment A – Prohibited Acts o Attachment B – MBTA Vehicle Condition report Form o Attachment C – MBTA 2026 Transit Safety Plan o Attachment D – MBTA Drug and Alcohol Policy o Form C – Bidder Price Response

RFP: 105F-26 - 6 - Rev: 8/17/2026 o Form B – Scope of Work o Detailed SLA

2. SCOPE OF WORK

The Scope of Work is attached as a separate document in Form B attached to this RFP.

MBTA may update operational requirements defined in this RFP, including those related to safety, accessibility, and emergency operations. Contractors will be notified of changes and have an opportunity to comment. Once changes are confirmed, Contractors will have a minimum of thirty (30) calendar days for implementation.

Compensation The MBTA will reimburse the Contractor based on the agreed-upon hourly rates and the number of hours of bus service, as well as supervision utilized for each Project, net of any penalties contractor may have incurred based on Service Level Agreement.

Within 15 days of the close of each project, the Contractor will be required to submit an invoice to the MBTA. The MBTA agrees to pay amounts not in dispute within thirty (30) days of receipt of said bill and all required documentation.

MBTA prefers minimum 5-hour shift requirements.

Record-keeping, Reporting, and Data Ownership The Contractor shall be required to maintain all records necessary to document all charges made to the Authority for provision of Services.

The Contractor shall also maintain any and all additional statistics and documents necessary to comply with the Federal Transit Act of 1964 as amended to include compilation of the National Transit Database Report, etc. The report shall be in a digital format, which has been approved by the authority.

Statistics kept by Contractor and reported to the MBTA shall include, but not limited to:

Bus number, driver name, shift start/end time, date, shuttle location.

Supervisor’s name, shift start/end time, date, location.

Trip start times and total passengers per trip.

Safety data (Any data generated to comply with the requirements outlined in Sections 17 (Safety Program) and 18.5 (Safety Specific Reporting))

Total revenue hours and revenue miles

Total non-revenue hours and non-revenue miles (related to providing shuttle service, e.g. deadheads)

Total cost for the month

Monthly depreciation of fleet used

Quarterly DBE/MWBE spend reported per quarter

The Contractor will provide all information and reports as required from time to time by the MBTA and will permit access to all books, records, accounts, other sources of information and facilities related to performing the contract as may be requested by MBTA.

RFP: 105F-26 - 7 - Rev: 8/17/2026

The listed reports and formats of the reports may be revised, reorganized, deleted or changed as directed by the MBTA. The Contractor shall make available any and all special reports that are required. These reports include, but are not limited to, accident reports, incident reports, emergency reports, reports of vehicles exceeding the maintenance downtime limit, and any or all reports deemed necessary by MBTA.

Such a requirement shall not be considered a change of the Agreement.

2.1 Additional Services

Additional, directly related services may be added to this Agreement prior to the start or throughout the duration of this Agreement if agreed to in writing by the Parties.

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Procurement Method

This procurement is conducted to pursuant to applicable state and federal laws including, but not limited to, FTA 4220.1G.

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 responses, be made available to all Bidders via COMMBUYS.

3.1.1 MBTA DESIGNATED REPRESENTATIVE

Unless specifically stated otherwise in this RFP, Bidder must submit changes to Bidder’s designated representative and any other communications in writing to the MBTA’s Designated Representative via COMMBUYS. The MBTA’s Designated Representative is Mellissa O’Connor, moconnor2@mbta.com.

3.1.2 IDENTIFICATION OF BIDDER DESIGNATED REPRESENTATIVE

When submitting a Bid, the Bidder must identify to the MBTA’s designated representative its own Designated Representative to act on behalf of the Bidder relating to this procurement.

RFP: 105F-26 - 8 - Rev: 8/17/2026

3.2 RFP Calendar and Delivery Instructions

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

COMMBUYS.

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 2-1: RFP CALENDAR

Procurement Activity Date Time

RFP issued 9/16/2026 Pre-Bid conference 9/22/2026 12:00 p.m.

Deadline for submission of Proposer questions via

COMMBUYS Q&A

10/10/2026 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

10/15/2026 2:00 p.m.

Response Due Date 11/4/2026 2:00 p.m.

Virtual Public Bid Opening (see Section 3.11) 11/4/2026 2:30 p.m.

In-person or virtual presentations to MBTA (estimated) 12/1/2026(if required

Contract Execution (estimated) 4/1/2027 Project Start Date (estimated) 4/1/2027

3.3 Pre-Bid Conference

A Pre-Bid Conference is scheduled om 22nd September at 12:00pm. It will be held virtually on Microsoft Teams at the link below:

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/21819811409984?p=PQm1tip4T5ZGC9AscX

Meeting ID: 218 198 114 099 84

Passcode: jp2sv3it

The MBTA reserves the right to hold one or more Pre-Bid Conferences with all Bidders at any time prior to the Response Date. Pre-Bid Conferences may be held either in person or by telephonic or electronic means. If held telephonically or electronically, the Pre-Bid Conference will permit interactive communication between all Bidders and the MBTA. The MBTA will provide written notice of any Pre- Bid Conference via COMMBUYS. If a Pre-Bid Conference is conducted by telephonic or electronic means, the notice will inform Bidders of the manner of the meeting.

Each Bidder, by submittal of its Response, acknowledges the opportunity to attend any Pre-Bid Conference, if held, was offered to all Bidders, and waives any right to challenge this procurement based on its attendance at, or failure to attend, a Bidders’ conference.

RFP: 105F-26 - 9 - Rev: 8/17/2026

Each Bidder is encouraged to attend Pre-Bid Conferences, if held, 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 Pre-Bid Conference or included in a written record or summary of a Pre-Bid Conference will modify this RFP or any other part of the RFP unless it is incorporated in an addendum issued.

3.4 Dissemination of Confidential Information

Pursuant to this RFP, the MBTA will provide to Bidders certain information, which the MBTA deems Confidential (“Confidential information"). In order to obtain the Confidential Information necessary to the development of Responses, Bidders are required to obtain and execute a Confidentiality and Non- Disclosures Agreement. Bidders can obtain the Confidentiality and Non-Disclosure Agreement via COMMBUYS. Please execute and return the Confidentiality and Non-Disclosure Agreement by Click here to enter a date. to the MBTA's Designated Representative by submitting it to moconnor2@mbta.com, so that the MBTA can provide Bidders with the Confidential Information in a timely manner.

3.5 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.

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.

3.6 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 Board of Directors, 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 or MassDOT Boards of Directors or any public or Bidder workshop related to this RFP.

RFP: 105F-26 - 10 - Rev: 8/17/2026

iii. The Bidders shall not contact employees, representatives, and members 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 or bound by any oral exchange or any other information or exchange that occurs outside the official process specified herein.

vii. 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.

3.7 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.

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.

3.8 RFP Addendum

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

It is each Bidder’s responsibility to monitor 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.

RFP: 105F-26 - 11 - Rev: 8/17/2026

3.9 Due Date

Bids are due electronically through COMMBUYS no later than the date and time listed in Table 1 above for the work described herein. Bidder is required to prepare and submit all required documents requested in this IFB to MBTA electronically via COMMBUYS, including all Bid forms contained in this package.

Bidders shall complete the Enclosure 1 – Bid Cover Letter and complete the check boxes to indicate the bid documents that constitute their bid.

Note: Bid packages that do not follow instructions above may be disqualified.

3.10 Virtual Public Bid Opening

Bids will be publicly opened for this procurement via Microsoft Teams.

Date: 4th November 2026 Time: 2:30 p.m. ET

Join the meeting now

Meeting ID: 288 068 910 384 1

Passcode: nZ62LA2E

3.11 MBTA Standard Contract and Terms & Conditions

The MBTA does not encourage attempts to negotiate the Section 9.0 Massachusetts Bay Transportation Authority Standard Contract Terms & Conditions. Many of these provisions are required by law; others are longstanding MBTA policy / practice. Accordingly, Bidders / 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

3.12 Confidentiality / Public Information Act Disclosure Requests

3.12.1 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.

3.12.2 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 3.12.3, unless otherwise required by law

3.12.3 Disclosure Process for Requests Under the Public Records Law

RFP: 105F-26 - 12 - Rev: 8/17/2026

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.

3.13 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

RFP: 105F-26 - 13 - Rev: 8/17/2026 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.

3.14 Collusion

By the submission of a Bid in response to the RFP, the Bidder represents and certifies that its Bid 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.

3.15 Prices

Each Bid must contain the unit price(s) / rate(s) or lump sum price, extended price(s). Bidders shall submit their pricing using Form C: Requested RFP Pricing Form. The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period.

3.16 Acceptance Period

From and after the Response Due Date identified in Section 3.3 (as amended) the MBTA shall have one hundred and eighty (180) calendar days to award a Contract based on this RFP. Such 180-day period is the “Acceptance Period.” The Bidder’s Bid is irrevocable and shall remain open and available for acceptance by the MBTA during the entirety of the Acceptance Period. The MBTA reserves the right to extend the Acceptance Period with respect to any or all Bidders upon obtaining the applicable Bidder’s written consent to such extension.

3.17 Eligible Entities

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

3.18 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.

3.19 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.

3.20 Insurance

The insurance policies that the successful bidder shall carry are outlined in the attached MBTA Minimum Insurance Requirements document with this solicitation. 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.

RFP: 105F-26 - 14 - Rev: 8/17/2026

3.21 Build America, Buy America Requirements

Build America, Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $150,000). The successful bidder agrees to comply with 49 U.S.C. 5323(j) as amended by MAP-21, 49 U.S.C. 5323(h), 49 CFR Part 661, and FAST Act (Pub. L. 114-94) which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. See Section 9.1.20.3 Build America, Buy America Requirements for complete information on Build America, Buy America requirements.

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

4. SUBMISSION RESPONSE

4.1 Response Submissions

Responses shall be submitted via the COMMBUYS.

Each Response shall be submitted in the following two parts along with Enclosure 1 Bid Cover Letter:

a) The Technical Proposal

• Bid Cover Letter

• Power of Attorney (as described in Section 4.2 of this RFP)

• Proof of Insurance

• Bidder and Subcontractor Information Form(s) (one for each bidder and subcontractor, as separate files)

• Responding to Form B

b) The Price Proposal

• Form C: Price Response

The specific requirements for submission of the Technical Proposal are set forth in Form B of this

RFP.

The specific requirements for submission of the Price Proposal are set forth in Form C of this RFP.

If a Bidder is a team, whether or not legally formed, the Bid Cover Letter shall 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.

RFP: 105F-26 - 15 - Rev: 8/17/2026

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 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.

5. MBTA POLICIES

Reserved

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, 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.

RFP: 105F-26 - 16 - Rev: 8/17/2026

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.

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 response

Financial Stability Pass/Fail Form A response

6.5 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.

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 are identified and detailed below, in order of importance.

RFP: 105F-26 - 17 - Rev: 8/17/2026

Technical Response and Evaluation Criteria

Bidder Experience, Capabilities, and Qualifications

Operations and Service Delivery

Vehicle Maintenance and Service Continuity

Low Floor Vehicle Availability

Accessibility, Safety, and Regulatory Compliance

Vehicle Communications, GPS and Technology

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 (3 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 (2 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 (1 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.

RFP: 105F-26 - 18 - Rev: 8/17/2026

6.6 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.

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, if applicable, determine the best value by analyzing 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(s) will be posted in COMMBUYS. 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.

RFP: 105F-26 - 19 - Rev: 8/17/2026

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 and MassDOT Boards 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 or available pursuant to applicable law.

This RFP does not commit the MBTA to enter into a Contract or proceed with the procurement described herein.