RFP 113_23 Tools_Related Attachments and Accessories.pdf

Electrical 7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 113-23

COMMBUYS # BD- 23-1206-40000-40000-89770

TOOLS AND RELATED

ATTACHMENTS/ACCESSORIES

Date Issued: June 15, 2023

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Project Name: TOOLS AND RELATED ATTACHMENTS/ACCESSORIES Revision: 3/31/2023

Contents

1. INTRODUCTION

2. SCOPE OF WORK

2.1 REQUIREMENTS

2.2 CUSTOM CATALOG DEVELOPMENT (PUNCHOUT)

2.3 CONTRACT DURATION

2.4 ORDERING

2.6 SAFETY AND SECURITY

2.7 INVOICING & PAYMENT

2.8 REPORTING

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

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 MBTA Standard Contract and Terms & Conditions

3.10 Confidentiality / Public Information Act Disclosure Requests

3.11 Business Conduct

3.12 Collusion

3.13 Prices

3.14 Acceptance Period

3.15 Eligible Entities

3.16 Pre-Contractual Expenses

3.17 Tax Exemption

3.18 Insurance

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

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4.3 Acceptance of Response

4.4 Incomplete Response

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

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 Technical Response and Supplier Diversity Evaluation Criteria

6.5 Evaluation

6.6 Basis of Award: Best – Value Proposal

6.7 Successful Bidder

6.8 MBTA Reserved

6.9 Appeal / Protest Procedures

7. CONTRACT STRUCTURE

Enclosure 1 – Bid Cover Letter

Form A: Pre-Award Bidder Evaluation Data Form

Form B: Technical Response - Attachment

Form C: Small Business Program Attestation Form

Form D: Pricing Response – Attachment

7.1 MBTA Standard Contract Instructions (Section 8.0)

MBTA Standard Terms & Conditions Instructions (Section 8.1)

8. Massachusetts Bay Transportation Authority Standard Contract

8.1 Standard Terms and Conditions

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Attn: Bidder/s Request for Proposals (RFP) # 113-23 RFP Description: Tools and Accessories

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 113-23. 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:

Rob Weiner

Massachusetts Bay Transportation Authority 10 Park Plaza, Room Boston, MA 02116 Email: rweiner@mbta.com

The RFP shall be launched through COMMBUYS, and proposals must be submitted electronically no later than 8/8/2023 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.

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 a Contractor 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.

Respectfully, Rob Weiner

Massachusetts Bay Transportation Authority

RFP # 113-23

COMMBUYS Bid # BD- 23-1206-40000-40000-89770

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1. INTRODUCTION

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks to establish a committed source for the supply of tools, and related attachments and accessories such as pneumatic tools, industrial machine tools, industrial milling tools, industrial drilling tools, hydraulic tools, hand tools, measuring and layout tools, cutting, crimping, and punching tools, masonry and concrete tools, wrenches and drivers, power tools (corded & cordless), batteries & chargers tool attachments and accessories, rough and finishing tools, automotive specialty tools, body tools, suspension tools for all Massachusetts Bay Transit Authority (MBTA) locations. There could be other unlisted items/categories and additional locations added in the future. One or more contracts will be awarded as a result of this solicitation, the contract period will be for Five (5) years with two one-year options at the MBTA’s discretion. To assist the MBTA in this effort, the Authority is issuing this Request for Proposal (“RFP”) to solicit proposals (“Bids”) from qualified Bidders who can meet the project requirements stated herein.

The Contractor (s) will work with the MBTA to manage the MBTA’s tools, and related attachments/accessories needs. A successful Contractor (s) will have: (a) resources to deliver tools and related accessories in a timely manner to MBTA locations, (b) resources to develop and maintain a punchout catalog (c) market knowledge and ingenuity to identify and implement strategies to reduce costs and improve systems and procedures (i.e.) (ordering processes, automated stock replenishment and storeroom management).

Bidders are encouraged to include in their proposal, as a separate document, any additional capabilities to the Scope of Work that Bidder believes could provide additional value for MBTA consideration to implement during the contract term and options period (if extended).

2. SCOPE OF WORK

2.1 REQUIREMENTS

2.1.1 These specifications outline the MBTA’s requirements for furnishing tools and related attachments/accessories such as pneumatic tools, industrial machine tools, industrial milling tools, industrial drilling tools, hydraulic tools, hand tools, measuring and layout tools, cutting, crimping, and punching tools, masonry and concrete tools, wrenches and drivers, power tools, tool attachments and accessories, rough and finishing tools, automotive specialty tools, body tools, suspension tools over multiple orders for all Massachusetts Bay Transit Authority (MBTA) locations. There could be other unlisted items/categories and additional locations added in the future.

2.1.2 The Bidders are required to provide pricing based on a discount from a manufacturer’s price list or catalog, distributor published price, or a combination of both with indefinite quantities. Electronic Catalog and/or price lists must accompany the proposal. Include an electronic copy of the catalog from which discount, or fixed price, is calculated. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply.

2.1.3 Price Lists will be used to establish the extent of a manufacturer’s product lines, warranties, etc. that are available for a particular product category and the category discount (percentage discount).

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2.1.4 The discounts proposed shall remain the same throughout the term of the contract and at all renewal options. All pricing must be verifiable and auditable from the date of the contract award.

2.1.5 All deliveries will be accepted defined in the Delivery section.

2.1.6 All deliveries will be checked, verified, and signed for by the authorized MBTA personnel at the time of delivery.

2.1.7 The Contractor (s) will be responsible for any discrepancies if a delivery is made but not signed for by the Authorized MBTA personnel.

2.1.8 The Bidders agree to furnish and deliver the within the time specified and at the prices quoted, which includes transportation costs, customs, duty charges, and other associated charges.

2.1.9 Bidders shall quote only on products and supplies in strict accordance with the specifications.

2.1.10 The Contractor (s) must not substitute any materials without prior approval from the MBTA.

2.1.11 In the event of an emergency (statewide, county, weather etc.). The Contractor shall provide a list of emergency contact information including name, position/title, phone, email, and cell phone. The frequency of this services has been needed 3-6 times per year.

2.2 CUSTOM CATALOG DEVELOPMENT (PUNCHOUT)

The Bidder must have the ability to develop and maintain an accessible “Punchout” catalog, to be integrated with the MBTA’s eProcurement system, with designated tools and related attachments/accessories that must be easily viewed and ordered from the Contractor’s "Punchout" catalog. This Punchout catalog must be kept up-to-date and be easy-to-use. The catalog content, and pricing, accessed by the MBTA end users will be through a round trip punchout. The punchout catalog provides only catalog and order processing functionality for the MBTA and has no relationship with the Contractor regarding invoicing or payment.

2.2.1 Provide a Project Manager to participate in regularly scheduled FMIS/ePro status meetings during implementation.

2.2.2 Awarded Contractor (s) website must adhere to industry standard security protocols.

2.2.3 Provide development support, to make any changes to meet the MBTA’s specific requirements.

2.2.4 Map the MBTA PO information onto the appropriate fields in email confirmations, packing lists, and invoices.

2.2.5 Site time out for no activity must be a minimum of thirty (30) minutes.

2.2.6 Provide ongoing support for process error handling.

2.2.7 Provide a limited catalog for the MBTA tools and related attachments/accessories.

2.2.8 Products and Pricing must be consistent with the contract pricing.

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2.2.9 Provide reports as requested by the MBTA, i.e., category codes, units of measures, orders placed etc.

2.2.10 Maintain punchout site and notify the MBTA of any planned maintenance or functional changes to the punchout.

2.2.11 Provide end users with an error message as connectivity interruptions arise.

2.2.12 Load and update ship to addresses as needed based on systems requirements.

2.2.13 Must provide a dedicated contact in the event of an outage; this can be a 24x5 covered Help Desk or dedicated contact.

2.2.14 Provide only MBTA approved product categories and items with contract pricing for tools and related attachments/accessories.

2.2.15 Set no maximum lines per order.

2.2.16 All documents (email confirmations, packing slips, and invoices) must reflect the same unit of measure.

2.2.17 MBTA reserves the right to add/remove products and categories over the term of the contract.

2.3 CONTRACT DURATION

2.3.1 The contract duration will be five (5) years with two one-year renewal options at the MBTA’s discretion.

2.4 ORDERING

2.4.1 All orders will be accompanied by an MBTA Purchase Order. Purchase Orders will be sent via Punchout or email.

2.4.2 The successful bidder (s) must stock an adequate supply for tools and related attachments/accessories to meet the Authority’s requirements and shall be able and willing to provide field sales and engineering support. The Authority does not guarantee to purchase any specific number of items.

2.4.3 All standard items required under normal conditions must be delivered within seventy-two (72) hours after receipt of order. Special/Non-Standard items within four to six (4-6) working days, or the successful bidder shall supply the requisitioner with estimated delivery date.

2.4.4 If the material ordered is not available, the Authority may purchase the materials elsewhere. Any item order not shipped within 30 calendar days will require a written notification explaining the delay with a new FIRM delivery date.

2.4.1 Orders will be priced by the Contractor (s) and approved by the MBTA before authorization for delivery and invoicing. All pricing must be the same discount from a manufacturer’s price list or catalog, distributor published price, or fixed price, or a combination of both with indefinite quantities in accordance with bidders awarded pricing.

2.4.2 Electronic Catalog and/or price lists must accompany the proposal. Include an electronic copy of the catalog from which discount, or fixed price, is calculated. Multiple percentage discount structure is also acceptable.

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2.5 DELIVERY

2.5.1 Most deliveries will be to the following Massachusetts Bay Transit Authority (MBTA) locations. However, this contract is for ALL MBTA locations;

deliveries to other locations in the greater Boston area will be required infrequently.

• MBTA Charlestown Campus, 21 Arlington Ave, Charlestown, MA 02129

• Everett Maintenance Facility, 80 Broadway, Everett, MA 02149

From time to time, the MBTA will require deliveries to other locations in the greater Boston area, including:

• Wellington Carhouse, 37 Revere Beach Parkway, Medford, MA

• Riverside Carhouse, 367 Grove Street, Auburndale, MA 02466

• Reservoir Carhouse, 400 Chestnut Hill Avenue, Brookline, MA

• Orient Heights Carhouse, 50 Saint Edward Street, E. Boston, MA 02128

• Quincy Bus Maintenance Facility, 954 Hancock Street, Quincy MA

• Lynn Bus Maintenance Facility, 985 Western Ave, Lynn, MA

• Cabot Campus, 275 Dorchester Ave, Boston, MA 02127

2.5.2 MBTA reserves the right to add work locations for the provisioning of tools and related attachments/accessories as needed.

2.5.3 Stock orders shall be delivered within seventy-two (72) hours to the appropriate location listed on the purchase order, and as directed by authorized Authority personnel. Special/Non-Standard tools and related attachments/accessories within-in four to six (4-6) working days, or the successful bidder shall supply the requisitioner with estimated delivery date.

2.5.4 Ability to provide same day or next day delivery, is there an order minimum for the service, what is the order cut off time and delivery hour window for this service.

2.5.5 Liftgate is required for all oversized tools and related attachments/accessories.

2.5.6 Delivery staff must wear MBTA approved safety vest, conduct smart, safe deliveries.

2.5.7 All deliveries must include a packing list with the items delivered, quantities, and the MBTA Purchase Order number provided at the time of order.

2.5.8 In the event of an emergency (statewide, county, weather etc.). The Contractor shall provide a list of emergency contact information including name, position/title, phone, email, and cell phone. The frequency of this services has been needed 3-6 times per year.

2.6 SAFETY AND SECURITY

2.6.1 The Contractor (s)shall ensure that all personnel utilized on this contract are properly trained in the safe operation of the equipment used for delivery, are properly licensed to operate the equipment, and are properly trained in the safe performance of material deliveries.

2.6.2 The Contractor(s) shall ensure that all individuals employed in work under this

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contract utilize appropriate personal protective equipment (PPE) and are trained in the use of appropriate PPE and wear an MBTA approved safety vest.

2.7 INVOICING & PAYMENT

2.7.1 Successful bidders must have a detailed invoice system that shall include the Contractor Name, Contractor “Remit To” Address, Contractor Invoice Number, Invoice Date, MBTA Purchase Order Number, MBTA Contact Name, MBTA Contact Information, MBTA Contact Department, Payment Due Date, Payment Terms and Discounts, No Sales Tax for Tax-Exempt Goods/Services, Description of Goods/Services Delivered (per purchase order), Quantity Delivered by Line Item, Cost Per Item and Extended Cost, Freight Charges (per the purchase order), Total Amount Due (should agree with the purchase order amount), and Special Terms (or any additional information needed for accurate payment processing), provided at the time of order.

2.7.2 Payment will be Net 30 by ACH.

2.8 REPORTING

2.8.1 On a quarterly basis, successful bidder (s) will produce an electronic report of items delivered to each MBTA location under this contract. Including ship to location, item number, manufacturer, description, quantity, price, invoice date/number, and purchase order number.

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

The MBTA will hold a Bidders’ conference on June 22, 2023 at 11:00am. Bidders may access the conferences be using the following link Click here to join the meeting or by dialing 929-352-1865 and code 88064080#. The Bidders’ conference will permit interactive communication between all Bidders and the MBTA. The MBTA will provide notice of any Bidders’ conference via COMMBUYS. If a Bidders’ conference is conducted by telephonic or electronic means, the notice will inform Bidders of the

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.

3.2 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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGIwN2YxMGUtNmRmYy00Yjk3LWI1YWItOTVjZjcyY2MyYjQ3%40thread.v2/0?context=%7b%22Tid%22%3a%227558e599-f006-481f-9717-b189e6730862%22%2c%22Oid%22%3a%22a661eeb4-c416-417c-9ad9-602a1ad0449f%22%7d

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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.

3.2.1 MBTA DESIGNATED REPRESENTATIVE

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

3.2.2 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.

3.3 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

Procurement Activity Date Time

RFP issued 6/15/2023 Pre-bid conference 6/22/2023 11:00 a.m.

Deadline for submission of Bidder questions via

COMMBUYS Q&A

6/27/2023 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

6/29/2023 2:00 p.m.

Response Due Date 8/8/2023 2:00 p.m.

Contract Execution (estimated) 8/29/2023 Service Start Date (estimated) 9/18/2023 http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx mailto:COMMBUYS@state.ma.us mailto:rfpresponse@mbta.com

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3.4 Dissemination of Confidential Information

Not Applicable

3.5 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.

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.

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

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

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

vi. 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.

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3.7 Clarifications of Specifications, Questions and Answers

Bidder 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.

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.

3.9 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.

3.10 Confidentiality / Public Information Act Disclosure Requests

3.10.1 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

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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.

3.10.2 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.

3.10.3 Disclosure Process for Requests Under the Public Records Law

All written correspondence, exhibits, reports, printed material, photographs, tapes, electronic disks, and other graphic and visual aids submitted to the MBTA during this procurement process, including as part of the response to this RFP, become the property of the MBTA upon their receipt by the MBTA and will not be returned to the submitting parties. Except as provided 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.

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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.

3.11 Business Conduct

All Responses submitted by a Bidder to the MBTA shall be made without collusion with any other Bidder(s) submitting a Response to this RFP.

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

a) any person employed or representing the MBTA.

b) any other person, including any public official.

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

d) a charitable or other organization, or an officer, director, or employee thereof, or any person acting directly or indirectly on behalf of the same.

For the purpose of (i) securing any improper advantage for either Bidder or the MBTA; (ii) inducing or influencing a public official improperly to take any action or refrain from taking any action in order for either Bidder or the MBTA to obtain or retain business, or to secure the direction of business to either Bidder or the MBTA, or (iii) inducing or influencing a public official to use his or her influence with any governmental authority or public international organization for any such purpose.

3.12 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.

3.13 Prices

Bidders shall submit their pricing proposal in Form D: Pricing Proposal. Prices submitted shall be valid throughout the Acceptance Period.

3.14 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.

3.15 Eligible Entities

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

3.16 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

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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.

3.17 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.

3.18 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.

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

Responses shall be submitted via COMMBUYS.

Each Response shall be submitted in the following two parts:

a) 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

• Proof of Insurance

• Punchout Questionnaire

b) 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.

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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 submitted as separate documents.

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 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 Work 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.

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

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

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

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.

6.2 Responsiveness Review and Basis of Award

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

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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.

6.3 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 Technical Response 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.

6.4 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, veterans, and women in as many aspects of the services as possible. MBTA’s goal is to select a Contractor 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.

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The Technical Evaluation Criteria are identified and detailed below.

Technical Response Evaluation Criteria

Bidder Experience, Capabilities, and Qualifications

Technical Capabilities for Punchout Implementation

Implementation Plan/Timeline for Punchout Catalog

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.

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 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.

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6.5 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.

6.6 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, may be 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 first evaluate Submittal Forms completion compliance. The Technical Score will be evaluated and assigned a score based on the Technical Response Evaluation Criteria and the Supplier Diversity Criteria. After the determination of the Technical Proposal Score, the MBTA will evaluate the Price Responses of the remaining Bidders. If applicable, the MBTA will 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 receiving less than an average of 2 on any Technical Response Evaluation Criteria. The MBTA will not select any Bidder that the MBTA determines has submitted a non-responsive Technical or Price Response 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.

6.7 Successful Bidder

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

6.8 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,…