RFP 122-26 Fuel Hedging Services.pdf

7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 122-26

COMMBUYS # BD- INSERT NUMBER

FUEL HEDGING SERVICES

Date Issued: October 15, 2026

RFP: 122-26 - 1 - COMMBUYS #: BD- INSERT NUMBER

Project Name: FUEL HEDGING SERVICES Revision: 8/17/2026

Contents

1. INTRODUCTION

2. SCOPE OF WORK

2.1 Expected Contract Duration

2.2 Additional Services

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

3.4 Pre-Bid Conference

3.5 Dissemination of Confidential Information

3.6 Examination of RFP

3.7 Rules of Contact

3.8 Clarifications of Specifications, Questions and Answers

3.9 RFP Addendum

3.10 MBTA Standard Contract and Terms & Conditions

3.11 Confidentiality / Public Information Act Disclosure Requests

3.12 Business Conduct

3.13 Collusion

3.14 Prices

3.15 Acceptance Period

3.16 Eligible Entities

3.17 Pre-Contractual Expenses

3.18 Tax Exemption

3.19 Insurance

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

4.4 Incomplete Response

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

RFP: 122-26 - 2 - COMMBUYS #: BD- INSERT NUMBER

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

6.2 Responsiveness Review and Basis of Award

6.3 Evaluation and Notification

6.4 Pass/Fail Evaluation

6.5 Technical Response and Supplier Diversity Evaluation Criteria

6.6 Price Response Evaluation

6.7 Basis of Award: Best – Value Proposal

6.8 Successful Bidder

6.9 MBTA Reserved

6.10 Appeal / Protest Procedures

7. CONTRACT STRUCTURE

Enclosure 1 – Bid Cover Letter

Form A: Pre-Award Bidder Evaluation Data Form

Form B: Technical Response

Form C: Small Business Program Attestation Form

Form D: Pricing Response

7.1 MBTA Standard Contract Instructions (Section 8.0)

7.2 MBTA Standard Terms & Conditions Instructions (Section 8.1)

8. Massachusetts Bay Transportation Authority Standard Contract

8.1 Standard Terms and Conditions

RFP: 122-26 - 3 - COMMBUYS #: BD- INSERT NUMBER

Attn: Bidder/s Request for Proposals (RFP) # 122-26 RFP Description:

Dear Prospective Bidder:

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 122-26. 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:

Mellissa O’Connor Massachusetts Bay Transportation Authority 10 Park Plaza, Room 2810 Boston, MA 02116 Email: moconnor2@mbta.com

The RFP shall be launched through COMMBUYS and proposals must be submitted electronically no later than 11/19/2026 2:00 PM, in full compliance with this RFP including but not limited to Section 3, Bidders Instructions and Procurement Process. This RFP shall remain in force until the execution of the Contract, or until modified or cancelled by the MBTA.

Respectfully, Mellissa O’Connor

Massachusetts Bay Transportation Authority

RFP # 122-26

COMMBUYS Bid # BD- INSERT NUMBER

RFP: 122-26 - 4 - COMMBUYS #: BD- INSERT NUMBER

1. INTRODUCTION

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks the services of a qualified and experienced Fuel Hedge Advisor (“Advisor”) to provide professional fuel hedging, market analysis and insights, risk management, hedge transaction execution/facilitation, post-execution confirmation and contracting support, reporting, and related consulting services.

The RFP is comprised of the following documents:

• RFP 16-24, and Form Enclosures including:

o Enclosure 1 – Bid Cover Letter o Form A – Pre-Award Bidder Evaluation Data Form o Form B – Technical Response o Form C – Small Business Attestation

• Attachments o Exhibit A – MBTA Minimum Insurance Requirements o Form B – Bidder Technical Response o Form D – Bidder Price Response

2. SCOPE OF WORK

I. Background and Purpose

The Advisor shall have a minimum of ten (10) years of demonstrated experience in fuel and/or energy commodity hedging, including market analysis, hedge strategy, transaction execution, and administration of fuel hedge transactions.

The MBTA maintains a fuel hedging program as part of its overall strategy to manage exposure to fluctuations in fuel prices and provide greater predictability in its operating budget. The MBTA currently hedges approximately 50% of its budgeted annual fuel usage. For Fiscal Year 2027 (“FY27”), the MBTA’s budgeted fuel usage is approximately 21 million gallons, resulting in an hedge volume of approximately 10.5 million gallons.

The selected Advisor shall assist the MBTA in evaluating, maintaining, and, where appropriate, enhancing its existing fuel hedging program. Services shall include ongoing market monitoring and insights, pricing, recommendations regarding hedge timing and structure, execution or facilitation of authorized hedge transactions, transaction/order confirmation, coordination of post-hedging contract documentation, risk analysis, program reporting, monthly settlement verification, and strategic consultation.

II. Fuel Hedging Program Review and Strategy

The Advisor shall review the MBTA’s existing fuel hedging program, practices, policies, objectives, historical transactions, hedge positions, and related procedures.

The Advisor shall:

RFP: 122-26 - 5 - COMMBUYS #: BD- INSERT NUMBER

Assess the effectiveness of the MBTA’s current fuel hedging strategy and practices;

Review the MBTA’s hedge percentage, timing, transaction structure, instruments, and overall approach to managing fuel-price exposure;

Evaluate the MBTA’s existing and projected fuel requirements in relation to its hedge positions;

Identify potential gaps, inefficiencies, risks, or opportunities within the existing program;

Recommend modifications, enhancements, or additional strategies that may improve the effectiveness of the program or reduce exposure to fuel-price volatility;

Evaluate alternative hedging instruments and strategies, including forward contracts, futures, swaps, or other appropriate instruments;

Assist the MBTA in establishing or refining hedge objectives, target levels, timing strategies, and risk parameters;

Provide recommendations that take into consideration prevailing and anticipated market conditions, the MBTA’s operating requirements, budget objectives, and risk tolerance; and Assist MBTA staff with preparing the annual Board presentation supporting the resolution to delegate authority to enter into fuel hedge contracts.

All recommendations shall be subject to review and approval by the MBTA.

III. Fuel Hedge Transaction Execution

The Advisor shall provide the services necessary to support and complete the timely execution of authorized fuel hedge transactions consistent with the MBTA’s approved objectives and direction.

Services shall include:

Monitoring market conditions and identifying potential transaction opportunities;

Providing current bid/ask pricing and relevant market information prior to execution;

Recommending appropriate timing, volumes, instruments, counterparties, and transaction structures;

Executing or facilitating authorized fuel hedge transactions in a timely manner at the direction of the MBTA;

Coordinating with MBTA staff and applicable counterparties in connection with authorized transactions;

Maintaining accurate records of transactions executed under the program;

Providing written order/transaction confirmation immediately following execution, including applicable volume, price, instrument, term, counterparty, and other material transaction terms;

Coordinating and facilitating the preparation and completion of applicable post-hedging contracts or other transaction documentation with the selected counterparty;

Reviewing post-execution documentation for consistency with the authorized and confirmed hedge transaction prior to MBTA execution; and

RFP: 122-26 - 6 - COMMBUYS #: BD- INSERT NUMBER

Providing all documentation necessary for the MBTA to monitor and administer its hedge positions.

The Advisor shall not execute or facilitate a transaction without the appropriate authorization from the MBTA. Final execution of contracts and other documents requiring MBTA signature shall remain with the appropriately authorized MBTA representative.

IV. Market Pricing and Monitoring

The Advisor shall continuously monitor fuel and energy markets relevant to the MBTA’s fuel purchasing and hedging activities using recognized market information and pricing resources, such as Bloomberg, OPIS, Argus, or equivalent industry-standard sources.

On an ongoing basis, the Advisor shall provide current pricing information, including relevant bid and ask pricing, for hedge instruments and market products selected or considered by the MBTA.

The Advisor shall provide timely information and market insights regarding significant market movements or developments that could materially affect the MBTA’s fuel costs or hedge positions and shall advise the MBTA when market conditions may warrant consideration of additional hedge activity or changes to the existing strategy.

V. Market Analysis and Updates

The Advisor shall periodically provide the MBTA with market analysis, insights, and updates regarding conditions affecting fuel prices and the MBTA’s hedging program.

Analysis may include, as applicable:

Historical and current fuel-price trends;

Market volatility;

Supply and demand conditions;

Refining and inventory conditions;

Seasonal market trends;

Futures, forward, and swap-market conditions;

Significant economic or geopolitical developments affecting fuel markets;

Changes in market structure or liquidity;

Potential risks and opportunities affecting the MBTA’s hedge program; and Near-term and longer-term market expectations.

Market updates shall be provided at a frequency appropriate to market conditions and additionally upon MBTA request. The Advisor shall promptly alert the MBTA when market conditions present a significant risk or potential hedging opportunity.

VI. Fuel Purchasing and Risk Management Advisory Services

The Advisor shall provide general consulting and advisory services relating to the MBTA’s fuel purchasing, hedging, and price-risk management activities.

RFP: 122-26 - 7 - COMMBUYS #: BD- INSERT NUMBER

Such services shall include providing recommendations and analysis concerning:

Fuel purchasing and hedging strategies;

Appropriate hedge percentages, volumes, and timing;

Risk exposure associated with unhedged and hedged fuel requirements;

Potential effects of changing market conditions on the MBTA’s fuel budget;

Existing and prospective hedge positions;

Alternative approaches and instruments for managing fuel-price volatility; and Other fuel-related financial or risk-management matters requested by the MBTA.

Market pricing and valuation information is inherently time- and market-sensitive and may change frequently based on market conditions, reinforcing the need for timely pricing, market insight, and ongoing monitoring under this engagement.

VII. Program Status, Position and Performance Reporting

The Advisor shall provide comprehensive reporting sufficient for the MBTA to monitor the status and performance of its fuel hedging program.

Reports shall be provided as requested by the MBTA and should include, at a minimum, as applicable:

Current hedge positions;

Total volumes hedged;

Percentage of projected fuel requirements currently hedged;

Remaining unhedged exposure;

Transaction dates and applicable pricing;

Transaction/order confirmation status and monthly counterparty payment confirmations;

Status of applicable post-hedging contracts and transaction documentation;

Current market value of hedge positions;

Realized gains and losses;

Unrealized gains and losses;

Current pricing position;

Comparison of hedge positions against applicable market prices;

Analysis of the MBTA’s current risk exposure;

Analysis of market expectations and potential impact on the MBTA;

Upcoming transactions or decisions requiring MBTA consideration; and Other performance or risk information requested by the MBTA.

The Advisor shall be prepared to explain its analysis, assumptions, methodologies, and conclusions to MBTA staff upon request.

VIII. Meetings and Coordination

RFP: 122-26 - 8 - COMMBUYS #: BD- INSERT NUMBER

The Advisor shall participate in meetings, conference calls, and other discussions with MBTA staff as reasonably required for the effective administration of the fuel hedging program.

The Advisor shall designate a primary point of contact responsible for coordinating services and communications with the MBTA and shall ensure that personnel with the required fuel hedging expertise and a minimum of ten (10) years of relevant experience are reasonably available to respond to time-sensitive market or transaction matters.

The Advisor may also be required to prepare and present program updates, market assessments, hedge recommendations, transaction status, and performance information to MBTA management or other stakeholders.

IX. Records and Documentation

The Advisor shall maintain appropriate documentation relating to services performed under the Contract, including transaction records, pricing information, analyses, reports, recommendations, order/transaction confirmations, post-hedging contracts, and other program-related documentation.

Upon request, the Advisor shall provide the MBTA with supporting information sufficient to understand and validate reported hedge positions, pricing, transaction terms, gains and losses, settlements, and other calculations provided under the Contract.

X. Responsiveness and Time-Sensitive Services

Because fuel and commodity markets may experience significant price movements over relatively short periods, the Advisor shall maintain sufficient staffing and resources to respond promptly to MBTA requests.

The Advisor shall be capable of providing timely market information, pricing, insights, recommendations, and transaction execution/facilitation support during normal market hours and shall promptly communicate material market developments that may affect the MBTA’s hedge strategy or positions.

The Advisor shall also be capable of promptly providing transaction confirmations and coordinating required post-execution documentation following completion of an authorized hedge.

XI. Independence and Professional Judgment

The Advisor shall provide objective analysis and recommendations based on market information, professional expertise, and the MBTA’s stated objectives.

The Advisor shall promptly disclose any actual or potential conflict of interest associated with a proposed transaction, counterparty, instrument, or recommendation.

The Advisor shall clearly identify the capacity in which it is acting in connection with hedge recommendations and transactions and shall provide sufficient information to support the MBTA’s independent review and approval of hedge decisions.

RFP: 122-26 - 9 - COMMBUYS #: BD- INSERT NUMBER

XII. Additional Related Services

The Advisor shall perform other services reasonably related to the effective operation and administration of the MBTA’s fuel hedging and fuel-price risk management program, as requested and authorized by the MBTA.

Such services may include special analyses, presentations, scenario analyses, evaluation of alternative hedge strategies or instruments, historical program analysis, budget-support analysis, transaction and contract administration support, and other related assignments.

2.1 Expected Contract Duration

The initial term of the Contract shall be three (3) years. The MBTA shall have the option, at its sole discretion, to extend the Contract for up to two (2) additional one-year renewal periods.

Any renewal shall be subject to the MBTA’s written approval and the terms and conditions of the Contract.

2.2 Additional Services

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

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

The MBTA reserves the right to hold one or more Bidders’ conferences with all Bidders at any time prior to the Response Date. Bidders’ conferences may be held either in person or by telephonic or electronic means. If held telephonically or electronically, 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 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.

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

RFP: 122-26 - 10 - COMMBUYS #: BD- INSERT NUMBER

addressing the impact of and compliance with all applicable laws and regulations.

This RFP will be launched and managed via COMMBUYS. Instructions for log-in and use of COMMBUYS are described in http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 a.m. to 5:00 p.m.

Monday through Friday (Eastern Time), except on federal, state, and Suffolk county holidays.

It is the responsibility of Bidders to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s Designated Representative and to monitor that email inbox for communications from the MBTA, including responses to Bidder questions. The MBTA and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with Bidder’s computer, network, or internet service provider (“ISP”) cause email communications sent to or from Bidder and the MBTA to be lost or rejected by any means including email or spam filtering.

Bidder shall review and study all documents thoroughly and report any discrepancies, omissions, technical queries, or other clarifications via COMMBUYS.

Questions and clarification requests submitted by Bidder will, together with MBTA’s responses, be made available to all Bidders via COMMBUYS.

3.2.1 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 Mellissa O’Connor, moconnor2@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.

RFP: 122-26 - 11 - COMMBUYS #: BD- INSERT NUMBER

TABLE: RFP CALENDAR

Procurement Activity Date Time

RFP issued 10/15/2026 Pre-bid conference 10/20/2026 04:00 p.m.

Site Visit – Upon Request Deadline for submission of Bidder questions via

COMMBUYS Q&A

10/30/2026 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

11/6/2026 2:00 p.m.

Response Due Date 11/19/2026 2:00 p.m.

In-person or virtual presentations at MBTA discretion (estimated)

12/1/2026

Contract Execution (estimated) 12/31/2026 Service Start Date (estimated) 12/31/2026

3.4 Pre-Bid Conference

A Pre-Bid Conference is scheduled at the date and time above. It will be held virtually on Microsoft Teams at the link below:

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/221538438461100?p=4xNsblKKJ6po2YTg9f

Meeting ID: 221 538 438 461 100

Passcode: iz2tX7Yc

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

Each Bidder is encouraged to attend Pre-Bid Conferences, if held, with appropriate members of its proposed staff, and if requested by the MBTA, senior representatives of proposed team members identified by the MBTA. Nothing stated at any Pre-Bid Conference or included in a written record or summary of a Pre-Bid Conference will modify this RFP or any other part of the RFP unless it is incorporated in an addendum issued.

3.5 Dissemination of Confidential Information

Not Applicable

3.6 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

RFP: 122-26 - 12 - COMMBUYS #: BD- INSERT NUMBER

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.

3.7 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. The Bidders shall not contact employees, representatives, regarding this RFP, the Contract, or the procurement.

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

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

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

vii. The MBTA will not be bound by, and Bidders should not rely on, any oral communications regarding the RFP. Use of any information gathered or received from other agencies or entities shall be at the Bidder’s own risk.

3.8 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.

RFP: 122-26 - 13 - COMMBUYS #: BD- INSERT NUMBER

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.

3.9 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.

3.10 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.

3.11 Confidentiality / Public Information Act Disclosure Requests

3.11.1 Disclosure Waiver

Each Bidder, by submitting a Response to the MBTA in response to the RFP, consents to the disclosures described in this RFP, including this Section and all other disclosures required by law, and expressly waives any right to contest, impede, prevent, or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing, or delaying such disclosure, under Mass. Gen. Laws, ch. 66 (the Massachusetts Public Records Law or “Public Records Law”) or any other law relating to the confidentiality or disclosure of information. Under no circumstances will the MBTA be responsible or liable to a Bidder or any other party as a result of disclosing any such materials. Each Bidder hereby further agrees to assist the MBTA in complying with these disclosure requirements.

3.11.2 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

RFP: 122-26 - 14 - COMMBUYS #: BD- INSERT NUMBER

disclose any and all portions of all Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 3.11.3, unless otherwise required by law.

3.11.3 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.

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.

3.12 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.

RFP: 122-26 - 15 - COMMBUYS #: BD- INSERT NUMBER

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.

3.13 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.

3.14 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.

3.15 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.

3.16 Eligible Entities

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

3.17 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.

3.18 Tax Exemption

The MBTA is exempt from Federal Excise Tax, including Transportation Tax, and will furnish properly

RFP: 122-26 - 16 - COMMBUYS #: BD- INSERT NUMBER

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.

3.19 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

Other items as applicable

b) Price Response as a separate document, including:

Form D: Price Response: Sections 1 – X. Bidders must respond to all sections.

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.

RFP: 122-26 - 17 - COMMBUYS #: BD- INSERT NUMBER

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.

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 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 using B2Gnow, an online contract compliance system, to confirm payments and report payments to subcontractors. An account will be created for all first-time users.

Vendors who are new to B2Gnow are required to complete mandatory “Contract Compliance Reporting” training, available in the B2Gnow system through the vendor profile. Any vendors who have difficulty accessing the B2Gnow system can contact B2Gnow directly with the “Contact Support” button located on the login page. 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.

6. SELECTION PROCESS AND EVALUATION

RFP: 122-26 - 18 - COMMBUYS #: BD- INSERT NUMBER

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.

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 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.

6.4 Pass/Fail Evaluation

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

RFP: 122-26 - 19 - COMMBUYS #: BD- INSERT NUMBER

selection. The MBTA may request Bidder clarification on a Pass/Fail Evaluation Criteria, after which MBTA may re-evaluate the Response, at MBTA’s sole discretion.

Criteria Evaluation

Methodology Evaluation Basis

Legal Pass/Fail Form A response

Financial Stability Pass/Fail Form A response

6.5 Technical Response and 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.

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

Bidder Experience, Capabilities, and Qualifications

Fuel Hedging Approach and Transaction Execution

Market Monitoring, Analysis and Risk Management

Reporting, Program Administration and Responsiveness

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

a) Excellent (5 Points Awarded): The Bidder has presented and supported an approach that is considered to significantly exceed stated criteria in a way that is beneficial to the MBTA. This rating indicates a consistently outstanding level of quality, with very little or no risk that this Bidder would fail to meet the requirements of the solicitation. There are no weaknesses.

RFP: 122-26 - 20 - COMMBUYS #: BD- INSERT NUMBER

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.

Click here to enter text.

The Bidders, which maintain a minimum average score of 3 and rank among the top three highest Technical Proposal Scores will progress to Price Proposal Evaluation.

6.6 Price Response Evaluation

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

6.7 Basis of Award: Best – Value Proposal

Bidder is advised that the MBTA shall not be bound to accept the lowest priced Response or the Response with the highest Technical Response Score.