RFP 112-24 Training Manuals~1.docx

7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 112-24

COMMBUYS # BD- 24-1206-MBTA-MBTA-102607

TRAINING MANUALS

Date Issued: July 17, 2024

Contents

Attn: Bidder/s Request for Proposals (RFP) # 112-24 RFP Description: Training Manuals

Dear Prospective Bidder:

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuant to Mass. Gen. Laws, ch 161A (as amended) invites Bidders to participate in the competitive bid 112-24. The Scope of Work is outlined below in Section 2. The MBTA may at its own discretion award contract(s) to one or multiple Bidders. All formal communication with the MBTA during the bidding period shall be only through the MBTA’s designated point of contact.

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

Jimmy Moynihan Massachusetts Bay Transportation Authority 10 Park Plaza, Room 2810 Boston, MA 02116 Email: JMoynihan@mbta.com The RFP shall be launched through COMMBUYS and proposals must be submitted electronically no later than 8/13/2024 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, Massachusetts Bay Transportation Authority

RFP #

COMMBUYS Bid # BD-

INTRODUCTION

The Massachusetts Bay Transportation Authority (MBTA) needs to develop/and or update its formal training programs including the curricula, modules (content), instructor manuals, student guides, student workbooks, and tests/assessments/practicums (collectively the training materials), for their light rail, heavy rail, Operations Control Center (OCC), Bus Operations, Engineering & Maintenance, and Right-of-Way (ROW)/Roadway Worker Protection (RWP) Safety Training programs. The new and/or updated training materials will be used to support the training, qualification, certification and recertification of operations staff and to support other rail operations training requirements, including the ROW/RWP Safety Training program. The product of the effort will result in formal training programs with updated or new training materials.

The MBTA will share key information about current processes, templates, and current training materials of the current training materials with the consultant for background as part of this procurement.

The MBTA Heavy Rail, Light Rail, and Bus Operations Training School (The Training School), Operations Control Center and Engineering and Maintenance departments currently offer over 50 different training programs with a combination of Instructor Led training using PowerPoints and on-the –job training. The MBTA requires bidders that have Instructional Design methodology and implementation of new training programs experience to bid. Bidders with transit expertise are preferred, but not necessary. Bidders should have experience developing programs and content for technical roles.

SCOPE OF WORK

The consultant will review and participate in the completion of job role frameworks to establish learning objectives and requirements for each role. The work will begin by finalizing the job role analysis. Following a defined project plan and a structured methodology, the consultant will build new and/or update the Authority’s training materials for the training, qualification, certification and recertification of operations staff and personnel, including updating and/or developing instructor manuals with the accompanying student workbooks, e-learning, performance support, knowledge assessments, and other accompanying material. These updated or new training materials will be used for the training of employees involved in rail operations, bus operations, the OCC, Engineering & Maintenance, and for ROW/RWP Safety Training.

Following Instructional Design methodologies including a detailed ADDIE methodology(Analyze, Design, Development, Implement, Evaluate), consultant will meet with Subject Matter Experts (SMEs) to develop specific tools such as a training blueprint, task analysis, training assessment and design recommendations, learning solution recommendations that incorporate blended learning and modern adult-learning methodologies, On the Job Training (OJT) recommendations, and performance support templates. The task analysis should include assessment of both new hire/new to role learning, and continuous learning/recertification recommendations.

Training materials may leverage existing content or require completely new training materials be developed based upon needs and the existing gaps. Solutions should include: instructor guides, students guides, computer-based training, study guides, OJT templates, progress report signoffs, and a variety of performance support templates.

Contractor(s) will be required to comply with content and document management policies and procedures.

The MBTA will review the recommendations for best practices for enhancements. Signoff of specific project milestones will be established for each step of the ADDIE development process from Analysis through Implementation, including Train the Trainer activities.

The overall scope of this program is made up of over 50 individual projects. Individual projects will be released to begin work based on prioritization provided by the MBTA. The consultant may be asked to prepare a scope document for approval, or one will be provided by the MBTA. For each assigned project, the consultant will begin by developing a plan that defines recommendations, timeline, milestones, and estimated hours to complete following standards for curriculum development. Weekly status reports will be used to track individual projects. The status report will include updates, meetings and/or presentations to show progress in meeting the project schedules and deliverables. All project activities, tasks and efforts will use a collaborative process between consultant and MBTA, to share drafts and project materials to maintain a focus on the project goals and to meet project schedules.

The consultant will manage the deliverables by working with the four separate groups of training materials on different schedules:

· Operations Control Center (OCC) Training;

· Light and Heavy Rail Operations Training;

· Bus Operations Training; and

· Engineering & Maintenance Training Approval of each milestone will be determined by the Senior Director of Operations Training and/or the Senior Director of OCC and/or Engineering & Maintenance Leadership. The overall scope of work will be managed as an Operations Training Program. Weekly status meetings will be led by the Operations Project Manager. Additional assignments will be made as each project is completed following an integrated prioritization schedule.

Work will begin in all four areas upon contract execution once prioritization has been established.

At the completion of any and all projects, all content and materials will belong to the MBTA.

Technical Approach The consultant will use a standardized approach for the review by the MBTA that will follow this work plan:

Conduct job role learning analysis, blueprint and task analysis.

The consultant will interview SME’s to understand all aspects and responsibilities of role/task to which the training is being developed for. The Blueprint/ task analysis should be developed for all elements of the role-based learning framework including new hire/new to role learning, and continuous learning/recertification recommendations. Expected deliverables of this stage would be: task analysis and training blueprint. Following ADDIE methodology, the consultant will complete each step of the analysis process for each of the job roles, based on the prioritized schedule. Upon approval of the recommended design, the consultant will design Deliverables listed in design methodology document.

The consultant will include recommendations on options for use of on-line training or study, including on-line training modules, videos, and/or study guides.

The consultant will develop “train-the-trainer" modules and/or programs for any training materials that are changed because of this project The consultant will ensure curriculums align updated and new training materials with each of the positions listed in Appendix A.

Updated and new Content will be developed using MBTA Training standard style guides and templates. And include as appropriate:

· Learning Objectives: Detailed task analysis including identification of Learning Objectives, Enabling Objectives, Terminal Objectives, Bloom’s Taxonomy

· Necessary Materials, Equipment and Trainer Resources necessary

· Instructor Guides based on standard templates, including where appropriate PowerPoint slides to support each lesson with diagrams, images, videos, knowledge checks, etc.

· Detailed guides for conducting hands on exercises and practical learning events

· Student Guides

· On the Job Training Evaluation Templates

· Performance Support materials: eg checklist, step-by-step, job aides, videos, etc.

· Detailed “tagging” structure to enable tracking of content for future revisions.

· Materials & resources

· References to appropriate rules, Standard Operating Procedures, Special Orders, manuals, safety programs and plans, etc.

· Detail discussion topics, activities, assessments, knowledge checks, etc.

· Plan for incorporating the final tests/assessments/practicums into the lesson

· All materials will be developed in accordance with MBTA Training Style Guide requirements

During the development of the instructor training materials, the consultant will continually collaborate with the MBTA for review and comment and will maintain “document revision logs” to chart the history of any comments and actions for updating or formulating new documents.

Project Deliverables:

The consultant will:

See Attachment 1 - MBTA Operations Training ID Process Flow for New Projects for detailed process and deliverables.

Term It is expected that the full engagement will span three years after the NTP, with up to three one-year options. On a monthly basis, deliverable timelines for the following twelve months will be determined.

Additional Services

Additional 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.

Appendix A

The Training Materials (both initial and/or recertification programs) will be required for the following Operations Control Center, Light Rail and Heavy Rail operations, Bus Operations positions, E&M, including but not limited to:

Safety-Sensitive:

· Streetcar Motorperson

· Motorperson (Red, Orange, Blue)

· Yard Motorperson (Red, Orange, Blue)

· Train Starter (Red, Orange, Blue)

· Platform Attendants

· Flagger

· Platform Attendant

· Towerperson

· Official

· Inspector

· Chief Inspector

· Coordinating Inspector

· Yard Master

· OCC Supervisor

· Operations Information Officer (OIO)

· Supervisor

· Night Supervisor

· Superintendent

· Deputy Division Chief (Rail Operations)

· Division Chief (Rail Operations)

· Division Chief of Construction Logistics

· Track Laborer

· Trackperson

· System Repair Person

· Section Foreperson

· Night Crew Foreperson

· Division Foreperson

· General Foreperson

· Lineperson (1st class, 2nd class, Head line repairer)

· Driver Groundpersons

· Line Foreperson

· Cable Splicer

· Slicer Foreperson

· Power Equipment Technician

· Foreperson Wireperson

· Wireperson (Electrician)

· Foreperson Electrician

· Power Dispatcher

· Wireperson (Signal Maintainer)

· Wireperson, Foreperson

· Signal Inspector

· Bridgeperson

· Ironworker

· Chief Bridge Inspector

· Machinist

· Machinist Asst Foreperson

· Pipefitter

· Pipefitter Foreperson

Appendix B – Reference Materials

· MBTA Ops Training ID Process Flow for New Projects

· Training Blueprint Sample Appendix C List of Terms:

· Assessment: The instructor’s evaluation of the student’s progress as feedback for the effectiveness of instruction; not a test; can include a student's overview of the training they received and how well the instructor was able to support their training and qualifications

· Curriculum: The modules that comprise the course of study for training or introducing a student to the qualifications or certification for a position

· Heavy Rail: Blue, Red and Orange Lines

· Heavy Rail Training School: Unit responsible for training employees in heavy rail operations

· Learner Workbook: A document that the student uses to support their training both in the classroom and after classes, as part of the further introduction of the training materials. The workbook can include exercises to prepare a student for that day's classroom activities, or as a follow-up.

· Light Rail: Green Line

· Light Rail Training School: Unit responsible for training employees in light rail operations

· MBTA: Massachusetts Bay Transportation Authority

· OCC: Operations Control Center, the MBTA light rail, heavy rail, and bus dispatching office

· OJT: On the Job Training

· Practicum: A type of training that includes a hands-on application of the course material taught

· Qualification/Certification: Attainment of knowledge, expertise and ex required to hold specific positions.

· ROW: Right of Way

· Student Guide: Document that the student can use to support their training and introduction, that supports and supplements the classroom instruction.

· SME: Subject Matter Expert

· Task Analysis: A culmination of tasks and processes that a learner needs to understand and master to be able to perform their duties.

· Tests/Assessments/Practicums: The documents and materials that are used to support the training and introduction of a student for qualification and certification; methods of determining the student’s progress in learning.

· Instructor Guide: The materials and information that support an instructor for preparing, teaching, and executing all aspects of the training or introduction of a student to one area in the qualification or certification for a position as further defined in this scope of work

· Training Blueprint – templated charter that defines the task analysis that includes knowledge, skills, and abilities and defines training objectives and proposed method(s)

· Include Content tagging (Referenced SOPs, Rules, etc.)

· Training Materials: Including, but not limited to, t, Modules, Manuals, Student Guides, Learner/Student Workbooks, Instructor Guides, Tests/Assessments/Practicums, OJT Evaluation Checklists, and Train the Trainer Administrator Guide

· Training Module: The presentation material or content for a particular training class section

· Source Training Materials (could be PPT, elearning, etc.)

· Performance Support – supplemental documentation that assist in mitigating competency drift. They can be utilized by qualified employees as moment of need reminders of training.

· OJT Evaluation Checklists: Materials that an instructor can use to document student’s performance during OJT and practicums.

· Train the Trainer Administrator Guide: Material that support the implementation of new course. Audience would be instructors and Training School Management.

· Post Training Assessment: Course Evaluation surveys on courses for learners to complete upon completing a course or module.

· DIF – Difficulty, Importance, and Frequency KSA – Knowledge, Skills and Abilities

BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

Bidders’ Conference The MBTA will hold a Bidders’ conferences with all Bidders on July 23, 2024 at 11:00am. Bidders’ conferences will be held by telephonic and electronic means. Bidders can access the meeting by using the following link Join the meeting now or by dialing +1 929-352-1865 and code 162456973#. The Bidders’ conference will permit interactive communication between all Bidders and the MBTA. The MBTA will provide written notice of any Bidders’ conference via the COMMBUYS. If a Bidders’ 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 Bidders’ 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.

Each Bidder is encouraged to attend Bidders’ 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 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.

Procurement Method This RFP is issued pursuant to the following laws and regulations: Mass. Gen Laws, Ch. 161A; 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 responses, be made available to all Bidders via COMMBUYS.

MBTA DESIGNATED REPRESENTATIVE

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

IDENTIFICATION 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.

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: RFP CALENDAR

Dissemination of Confidential Information

Not Applicable Examination of RFP Each Bidder shall be solely responsible for examining, with appropriate care and diligence, the RFP 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.

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:

1. 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.

1. 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.

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

1. Any official information regarding this RFP will be disseminated from the MBTA’s Point of Contact via COMMBUYS.

1. 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.

1. 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.

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

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by Bidder through the “Bid Q&A” tab in COMMBUYS. Such comments and questions may be submitted at any time prior to the applicable date specified in Section 3.3 or such later date as may be specified in any addendum and shall: (i) identify the document; (ii) identify the relevant section number and page number) or, if it is a general question, indicate so; and (iii) not identify the Bidder in the body of the question or contain proprietary or confidential information. Questions submitted in any other format or method than that described above will not be considered.

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

It is the Bidder’s responsibility to verify the MBTA’s receipt of questions and clarification requests.

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.

MBTA Standard Contract and Terms & Conditions The MBTA does not encourage attempts to negotiate the Section 8.0 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.

Confidentiality / Public Information Act Disclosure Requests 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.

Public Disclosure of Response Documents Subject to applicable law, 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 Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 3.10.3, unless otherwise required by law.

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 by applicable law, all materials submitted to the MBTA are subject to release as public records. Bidders shall familiarize themselves with the provisions of applicable law (including the Public Records Law) pertaining to disclosure of information in the MBTA’s possession. In no event shall the MBTA, or any of its 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 applicable law, including the Public Records Law, 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 in connection with the Bidder’s opposition to a public records request, and such indemnification shall include all damages, costs and expenses (including reasonable attorney’s fees) the MBTA incurs because of or arising out of the Bidder’s opposition to any public records request. 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 any information submitted by the Bidder 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.

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:

1. any person employed or representing the MBTA;

1. any other person, including any public official;

1. a political party or a labor union controlled by any governmental authority or political party; or

1. 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.

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.

Prices Each Bid must contain the unit price(s) / rate(s) or lump sum price, extended price(s), and the grand total of the Bid. Bidders shall submit their pricing using Form D: 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.

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.

Eligible Entities Any contract resulting from this Bid will be available for use by all MassDOT divisions and departments.

Pre-Contractual Expenses The MBTA shall not be liable for any pre-contractual expenses incurred by the Bidder in connection with this RFP. The Bidder shall not include any such expenses as part of its proposal. Pre-contractual expenses include all expenses the Bidder incurs prior to the date the MBTA enters into a Contract with any Bidder (or prior to the MBTA’s withdrawal or cancellation of the RFP, as the case may be), such as, but not limited to, expenses the Bidder incurs in preparing its Bid, submitting its Bid to the MBTA, negotiating with the MBTA any matter related to this RFP, and inspection, testing, shipping, and return shipping of proposed goods or samples.

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 any Agreement it enters into with the MBTA and/or to the compensation it receives from the MBTA or any other party in connection with such Agreement.

Insurance The insurance policies that the successful bidder shall carry are outlined in the attached 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 proof of insurance is not available at the time the Bidder submits its Bid, the successful bidder certifies that it will carry such insurance policies and all costs associated with the insurance requirements are included in its Bid pricing. The successful bidder shall provide proof of all required insurance within three business days of conditional notice of award.

SUBMISSION OF RESPONSE

Response Submissions Responses shall be submitted via COMMBUYS.

Each Response shall be submitted in the following two parts:

1. Technical Response including:

· Bid Cover Letter

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

· Form A: Pre-Award Bidder Evaluation Data Form

· Form B: Technical Response

· Form C: Small Business Program Attestation Form

· Other items as applicable

1. Price Response as a separate document, including:

· Form D: Price Response

The specific requirements for submission of the Technical Response are set forth in Form B. The specific requirements for submission of the Price Response are set forth in Form D.

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 Response and Price Response 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.

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.

Acceptance of Response The Response constitutes a binding offer by the Bidder to enter into the Contract, 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 or modifications thereto. Until the formal Contract is signed, Bidder has no authority to proceed with the Scope of Services or to incur any costs for which MBTA may be held liable. The MBTA shall have no obligations to Bidder until a formal contract has been entered into.

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.

MBTA POLICIES

Small, Minority, Women, and Other Disadvantaged Businesses It is the policy of the Commonwealth and the MBTA to ensure non-discrimination in the Procurement of goods and services by continually modernizing systems and processes to include diversity criteria within state-funded RFPs greater than $250k. All awarded prime vendors that commit to partnerships with diverse subcontractors will be responsible for submitting a Supplier Diversity Affidavit detailing any spend with subcontractors monthly. Direct spend with subcontractors will be prioritized over indirect spend.

The MBTA is dedicated to promoting more equitable opportunities in state contracting, and to that end, encourages full participation of the Commonwealth’s Supplier Diversity Office’s recognized certifications, which include small business, Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Veterans Business Enterprises (VBEs), Service-Disabled Veteran Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual, and Transgender Business Enterprises (LGBTBEs) and Disadvantaged Business Enterprises (DBEs). The MBTA also acknowledges certifications by third-party certifying organizations including the Greater New England Minority Supplier Development Council (GNEMSDC), Center for Women & Enterprise (CWE) (New England - WBENC), City of Boston, VetBiz/U.S. Department of Veterans Affairs, NGLCC - National LGBT Chamber of Commerce, Disability: IN (formerly The US Business Leadership Network-USBLN). More on how to certify through the Supplier Diversity Office can be found here: https://www.mass.gov/certification-program-for-sdo.

SELECTION PROCESS AND EVALUATION

Response Opening and Confidentiality Subject to applicable law, prior to Contract execution, the MBTA intends to treat all information received from each Bidder as confidential information to be used for the purpose of evaluating the Response.

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

Upon receipt, the Technical Responses will be reviewed for responsiveness to the RFP requirements. The Technical Responses 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 Responses not responsive to this RFP may at the MBTA’s sole discretion be excluded from further consideration and the Bidder will be so advised.

After completion of the evaluation of the remaining Technical Responses, the remaining Price Responses will be reviewed for responsiveness to the RFP requirements. The Price Responses 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 Responses 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.

Evaluation and Notification The MBTA will evaluate each Response 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 Responses. The process may, at the MBTA’s sole discretion, include (i) requests for additional written information or clarification from any Bidder; (ii) requests for oral interviews; (iii) requests for best and final offers (”BAFOs”); and/or (iv) a negotiations phase.

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.

Technical Response and Supplier Diversity Evaluation Criteria 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.

In addition to the Technical Response and Evaluation Criteria below, responses will also be evaluated based on the Supplier Diversity Criteria which, will account for 25% of the overall technical scoring. The MBTA seeks Proposals that incorporate participation by M/WBE’s, minority individuals, and women in as many aspects of the services as possible. MBTA’s goal is to select Contractor(s) who uses creativity to incorporate participation in this contract and is committed to an exceptional and comprehensive program for achieving the diversity and inclusion goals of this RFP as further described.

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.

Technical Response Evaluation Criteria Relevant experience, capabilities, qualifications, and references Specific resources to be assigned to the project Proposed project approach Supplier Diversity (25% of overall Technical Response scoring)

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

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.

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.

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.

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.

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 can provide 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 2.5 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 2.5 from the Selection Committee on each Technical Evaluation Criterion after the on-visit re-evaluation to progress to Price Proposal Evaluation.

Price Response Evaluation Price will be evaluated in combination with the Technical Evaluation Criteria and the Supplier Diversity Criteria listed above. While the MBTA seeks to minimize costs, the selection of a winning Proposal will be made on a best-value basis.

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 Response 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.