RFP 130F-21.docx

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 130F-21

COMMBUYS: 21-1206-40000-40000-66517

DESCRIPTION: ELECTRONIC-INK DIGITAL SIGNAGE

Date Issued: September 13, 2021

RFP: 130F-21 - 5 - Rev: 06/04/2021 Project Name: Electronic-Ink Digital Signage Contents

Attn: Bidder/s Request for Proposals (RFP) # 130F-21 RFP Description: Electronic-Ink Digital Signage

Dear Madam/Sir, The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuit to Mass. Gen. Laws, ch 161A (as amended) invites Bidders to participate in the competitive bid for Electronic-Ink Digital Signage. The Scope of Work is outlined below in Section 2.1. The MBTA may at its own discretion award the contracts (s) to one or multiple Bidders. All formal communication with the MBTA during the bidding period shall be only through the designated point of contact.

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

Jimmy Moynihan Massachusetts Bay Transportation Authority 10 Park Plaza, Room 2810 Boston, MA 02116 Email: JMoynihan@MBTA.com The RFP shall be launched through the MBTA Business Center. The RFP proposals must be submitted in hard copy to the MBTA at 10 Park Plaza, Suite 2810, Boston, MA 02116 no later than Wednesday October 7, 2021 by 2:00PM, in full compliance with this RFP including but not limited to Section A, General Instructions to Bidders. This RFP shall remain in force until the execution of the Contract, or until modified or cancelled by the MBTA.

Respectfully, Jimmy Moynihan

Massachusetts Bay Transportation Authority

RFP #

INTRODUCTION

The MBTA’s Green Line is a light rail system that includes stations at grade and underground. While underground subway stations provide real-time information via LED signage and public address system, 40 surface-level stops on three Green Line branches lack the necessary network & power infrastructure to be able to support PA and “countdown clocks”. The vast majority of MBTA’s 7,600+ bus stops also lack power and network connectivity.

To address this real-time information gap, the MBTA’s Customer Technology Department (CTD) led two pilot projects to test the durability of -- and rider reaction to -- solar-powered electronic-ink (E-Ink, aka e-paper) signage. Attachment 1 - Photos is a collection of photos of the pilot equipment deployed to Green Line and bus stops. Both pilots demonstrated that E-Ink hardware can perform well during New England winter weather and that riders embrace the E-Ink form factor.

The MBTA is requesting proposals for the delivery of solar powered E-Ink digital signage from interested vendors (herein known as “proposer”) to scale up the MBTA’s E-Ink program. Proposers with relevant experience are invited to complete and submit proposals for this RFP.

The MBTA reserves the right to award the contract to one or more bidders.

Objective

· By scaling up the deployment of Electronic-Ink signage, the MBTA can:

· Improve rider satisfaction by providing real-time information where it doesn’t currently exist

· Mitigate income, age, and other barriers to accessing transit predictions and critical real-time information by smartphone

· Improve rider safety by delivering information about delays, disruptions, and emergencies directly to riders waiting at stops & stations

SCOPE OF WORK

The MBTA learned several important lessons about how to support E-Ink functionality year-round and how to optimize the signage for all our riders. For example:

· CTD developed the user interface in-house to respond to rider feedback while maintaining consistency with other MBTA real-time information UI/UX.

· CTD built an automated web-based monitoring platform to alert staff to outages in real-time and to calculate device uptime. Our scale-up goal is 99.5% uptime during revenue service hours.

· CTD developed an audio equivalence solution (for another screen product) that utilizes push button hardware and customized text-to-speech software to deliver a human-friendly readout.

· The pilot projects included single 13”, dual 13”, and 32” displays, and the MBTA has identified dual 13” devices (vertically stacked) as the primary E-Ink form factor for future deployment. This form factor maximizes the amount of information provided while minimizing the vertical obstruction of each deployment, which is critical given the limited available space at many platforms and bus stops.

Given the experience gained and lessons learned through the pilots, the MBTA will manage several aspects of the scale-up deployment. Specifically, the MBTA will:

· Select the specific E-Ink deployment locations and perform the engineering, construction, and installation of E-Ink equipment.

· Perform user research, UX/UI design, and software engineering to develop the web-applications that display information on the screens and produce audio files to play on the devices when the sign's push-button is activated.

· Manage a separate vendor contract to perform physical maintenance of E-Ink signage.

· Maintain a real-time database and monitoring service to log individual screen operating values (e.g., voltage) on an MBTA server and confirm that screens are connected and updating with real-time data.

· Provide SIM cards and manage the monthly data plan for each device.

This procurement therefore includes:

· The E-Ink devices (in enclosures)

· Solar charging & cellular modem components (in enclosures)

· Connection cabling & mounting hardware

· Office testing

· A hardware warranty

· API & CMS support, including as-needed software updates

· Optional: motion-activated or programmatic LED screen and/or ambient lighting.

Desired performance The MBTA is looking for a hardware solution/screen concept that:

· Is portrait oriented, with maximum active screen area in a narrow, vertically oriented enclosure;

· Maximizes long-term legibility with high resolution, high contrast, wide viewing angle, and low glare in outdoor, direct-sunlight placements;

· Maintains 24/7 cellular connectivity using MBTA-provided 4G Verizon SIM cards;

· Given a minimum threshold for daily solar access, provides sufficient power to operate the devices on 30-second update cycle, 22 hours per day, with minimal downtime

· Can play audio when triggered by riders;

· Supports MBTA-built & -hosted URLs to display real-time visual information and generate real-time audio information

· Includes secure, remote, programmatic (API) access to operating parameters;

· Is physically secure and durable while withstanding the weather and other conditions experienced in the Boston region – including but not limited to snow, driving sleet/rain, extreme temperatures and humidity, dust and other construction byproducts, and vehicle exhaust – with minimal maintenance required;

· Can be installed and serviced by the MBTA or its partners;

· Is warrantied for a minimum five-year period; and

· Optionally includes (motion-activated and/or programmatic) lighting

Desired audio & visual content functionality The MBTA has developed an audio equivalence solution using Amazon Polly web service to offer human-sounding readouts of the visual information on a screen. It also allows us to customize the structure of the readout and tailor pronunciations to match local names.

For this procurement, we prefer to play audio through E-Ink with this protocol:

· A rider pushes an integrated physical button on the E-Ink enclosure

· The device/server sends a request to a URL specified by the MBTA in the device-specific configuration

· The MBTA’s web application returns an mp3 file

· The device downloads and plays the audio file

The MBTA has also developed a web application to render the visual content for E-Ink screens (e.g., https://screens-dev-green.mbtace.com/screen/216). The minimum specifications below cover the required functions for setting and updating the content source for each screen. During the pilot, we expect nearly 3,000 updates per day at approximately 1kb per update, or 3MB per day per device for visual content

Minimum specifications

· Orientation: portrait

· Resolution (minimum): 1200 x 3200 in portrait orientation

· Note: may be achieved by dual 1200 x 1600 displays acting as a single unit

· Active display size (minimum, diagonal): 13.3” each display (or W x H: 8” x 10.6”)

· Display impact protection (minimum): IK07

· Preferred: ability to detect & report impacts to the display enclosure

· Enclosure type: a single, durable, tamper-resistant enclosure for the displays and a single, durable, tamper-resistant enclosure for the solar assembly and all components

· Enclosure size (width, maximum): 10.25”

· Enclosure ingress protection (minimum): IP66 or NEMA 4x

· Note: applies to the display enclosure and the protected components within the solar assembly

· Audio speaker: built-in speaker(s) with the same ingress protection and operating parameters as the enclosure

· Note: proposer to identify proposed speaker(s) location within the enclosure

· Audio activation: built-in push button with the same ingress protection and operating parameters as the enclosure

· Audio content: ability to download and play an mp3 file on demand

· Visual content: ability to render/display a live-updating HTML5 web application and cache image files

· Visual full refresh timing (maximum): 750ms

· Connectivity: Verizon-compatible 4G cellular modem

· Note: the MBTA will provide a Verizon SIM card

· Preferred: ability to upgrade to 5G

· Remote capability (minimum): a content management system with the ability to securely & remotely:

· Monitor screen health/diagnostics

· Reboot the device

· Adjust operating parameters (e.g., content source URL, lighting [as applicable], audio volume, scheduled sleep/standby mode)

· API capability (minimum): access to API endpoint(s) with the ability to securely & remotely read screen health/diagnostics values & operating parameters

· Preferred: the ability to securely & remotely adjust operating parameters via API

· Mounting hardware (minimum): post mount bracket/hardware

· Note: the MBTA’s standard E-Ink post is circular, 3.5” outside diameter

· Preferred: custom mounting hardware for additional post types or shelter mount

· Warranty (minimum): 5-year warranty on all hardware and components

· Uptime (minimum): 99.5% typical uptime during revenue service (under normal conditions, minimum of 2 hours direct sunlight daily, year-round)

· Other preferred items:

· Display bonding: optical bonding

· Display lighting: front/side LED motion-activated or programmatic lighting

· Ambient lighting: overhead LED motion-activated or programmatic lighting

BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

Bid 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 written notice of any Bidders’ conference via the MBTA Business Center. If a Bidders’ conference is conducted by telephonic or electronic means, the notice will inform Bidders of the manner of the meeting.

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

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

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

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 registration, log-in, and use of the COMMBUYS may be found using the following link:

http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx

MBTA DESIGNATED REPRESENTATIVE

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

INDENTIFICATION OF BIDDER DESIGNATED REPRESENTATIVE

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

RFP Calendar and Delivery Instructions Bidder is required to prepare and submit all required documents to MBTA electronically via COMMBUYS.

The MBTA anticipates carrying out the procurement process in accordance with the schedule noted in the table below. All times are local Boston, Massachusetts, USA, times unless otherwise indicated. The schedule is subject to modification at the sole discretion of the MBTA. Bidders will be notified of any change by an addendum to this RFP.

TABLE 2-1: RFP CALENDAR

Dissemination of Confidential Information

Not Applicable

Examination of RFP Each Bidder shall be solely responsible for examining, with appropriate care and diligence, the RFP, including RIDs and any addenda and material made available to Bidders by the MBTA, and for informing itself with respect to any and all conditions that may in any way affect the amount or nature of its Response, or the performance of the Contractor’s obligations under the Contract with the MBTA. Failure of the Bidder to so examine and inform itself shall be at its sole risk, and the MBTA will provide no relief for any error or omission.

The submission of a Response shall be considered prima facie evidence that the Bidder has made the above-described examination and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the Contract.

Rules of Contact Starting on the date the RFP is issued and ending on the earliest of (a) the award and execution of the Contract, (b) rejection of all Responses by the MBTA, or (c) cancellation of the procurement, the following rules of contact shall apply. These rules are designed to promote a fair and unbiased procurement process. Contact includes face-to-face, telephone, email, or formal written communication.

The specific rules of contact are as follows:

1. No Bidder, or any of its team members, may communicate with another Bidder or its team members with regard to this RFP or either team’s Response, except that subcontractors that are shared between two or more Bidder teams may communicate with their respective team members so long as those Bidders establish a protocol to ensure that the subcontractor will not act as a conduit of information between the teams. This prohibition does not apply to public discussions regarding the RFP at any MBTA sponsored Bidders’ conferences.

1. No Bidder or representative thereof shall have any ex parte communications regarding the RFP, the Contract, or the procurement described herein with any member of the MBTA’s Fiscal and Management Control Board (“FMCB”), the Massachusetts Department of Transportation (“MassDOT”) Board of Directors, or with any MassDOT or MBTA staff, advisors, contractors, or consultants involved with the procurement, except for communications expressly permitted by the RFP or except as approved in advance at the MBTA’s Designated Representative’s sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFP, Contract, or procurement or from participation in public meetings of the MBTA FMCB or MassDOT Board of Directors or any public or Bidder workshop related to this RFP.

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

1. Any official information regarding this RFP will be disseminated from the MBTA’s Designated Representative via the MBTA Business Center.

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

Clarifications of Specifications, Questions and Answers Bidders shall review the RFP and any addenda issued by the MBTA prior to the Response Date, and request written clarification or interpretation of any perceived discrepancy, deficiency, ambiguity, error, or omission contained therein, or of any provision which the Bidder fails to understand or to which the Bidder is suggesting a change. Failure of the Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be provided by the MBTA. Bidders shall submit, and the MBTA will respond to, questions and requests for written clarification in accordance with this Section 3.7.Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by Bidder through the “Bid Q&A” tab in COMMBUYS. Such comments and questions may be submitted at any time prior to the applicable date specified in Section 3.3 or such later date as may be specified in any addendum and shall: (i) identify the document; (ii) identify the relevant section number and page number) or, if it is a general question, indicate so; and (iii) not identify the Bidder in the body of the question or contain proprietary or confidential information. Questions submitted in any other format or method than that described above will not be considered.

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

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

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

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

It is each Bidder’s responsibility to check the COMMBUYS for any addenda and any Bid Q&A records related to this RFP. The MBTA and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit their Response based on an out-of-date RFP or on information received from a source other than the COMMBUYS.

The Bidder shall acknowledge in its Technical Proposal Cover Letter (see Enclosure 1) receipt of all addenda and question and answer responses. Failure to acknowledge such receipt may cause the Response to be deemed non-responsive and be rejected.

MBTA Standard Contract and Terms & Conditions The MBTA does not encourage attempts to negotiate the Section 9.0 Massachusetts Bay Transportation Authority Standard Contract Terms & Conditions (pages 37-86). Many of these provisions are required by law; others are longstanding MBTA policy / practice. Accordingly, Bidders / proposers should only redline or object to provisions that they find absolutely unacceptable. Any rejection or modification of these provisions may disqualify a Bid / proposal as being non-responsive or non-compliant Confidentiality / Public Information Act Disclosure Requests Disclosure Waiver Each Bidder, by submitting a Response to the MBTA in response to the RFP, consents to the disclosures described in this RFP, including this Section and all other disclosures required by law, and expressly waives any right to contest, impede, prevent, or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing, or delaying such disclosure, under Mass. Gen. Laws, ch. 66 (the Massachusetts Public Records Law or “Public Records Law”) or any other law relating to the confidentiality or disclosure of information. Under no circumstances will the MBTA be responsible or liable to a Bidder or any other party as a result of disclosing any such materials. Each Bidder hereby further agrees to assist the MBTA in complying with these disclosure requirements.

Public Disclosure of Response Documents After execution of the Contract, or in the event that the procurement is cancelled by the MBTA, the MBTA shall have the right to publicly disclose any and all portions of all the Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 3.10.3, unless otherwise required by law Disclosure Process for Requests Under the Public Records Law All written correspondence, exhibits, reports, printed material, photographs, tapes, electronic disks, and other graphic and visual aids submitted to the MBTA during this procurement process, including as part of the response to this RFP, become the property of the MBTA upon their receipt by the MBTA and will not be returned to the submitting parties. Except as provided in the Public Records Law, all materials submitted to the MBTA are subject to release as public records. Bidders shall familiarize themselves with the provisions of the Public Records Law. In no event shall the MBTA, or any of their agents, representatives, consultants, directors, officers, or employees, be liable to a Bidder or Bidder team member for the disclosure of all or a portion of a Response or related information submitted during this procurement.

If a Bidder has special concerns about information which it desires to make available to the MBTA but which it believes constitutes a trade secret, proprietary information, or other information excepted from disclosure, such responding Bidder shall specifically and conspicuously designate that information by placing “TRADE SECRET - PROPRIETARY” in the header or footer of each such page affected and by identifying such trade secret, proprietary information in the Technical Proposal Cover Letter (see Enclosure 1). Nothing contained in this provision shall modify or amend requirements and obligations imposed on the MBTA by the Public Records Law or other applicable law. The provisions of the Public Records Law or other laws shall control in the event of a conflict between the procedures described above and the applicable law.

If the MBTA receives a request for public disclosure of all or any portion of a Response or its related information that is designated as ”trade secret - proprietary,” the MBTA will endeavor to use reasonable efforts to notify the applicable Bidder of the request. The Bidder can assert, in writing and at its sole expense, a claimed exception under the Public Records Law or other applicable law, within the time period specified in the notice issued by the MBTA and allowed under the Public Records Law. The Bidder can choose to defend any action seeking release of the records it believes to be confidential information. The Bidder shall indemnify, defend, and hold harmless the MBTA and its agents and employees from any judgments awarded against the MBTA and its agents and employees in favor of the party requesting the records, including any and all costs connected with that defense. This indemnification survives the MBTA’s cancellation or termination of this procurement or award and subsequent execution of a Contract. In submitting a Response, the Bidder agrees that this indemnification survives as long as the trade secret, proprietary information is in the possession of the MBTA.

The MBTA shall not under any circumstance be responsible for securing a protective order or other relief enjoining the release of information marked “trade secret – proprietary” in any Response, nor shall the MBTA be in any way financially responsible for any costs associated with securing any such order or for any loss associated with the release of information marked “trade secret – proprietary” or otherwise.

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

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

1. any person employed or representing the MBTA;

1. any other person, including any public official;

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

1. a charitable or other organization, or an officer, director, or employee thereof, or any person acting directly or indirectly on behalf of the same for the purpose of (i) securing any improper advantage for either Bidder or the MBTA; (ii) inducing or influencing a public official improperly to take any action or refrain from taking any action in order for either Bidder or the MBTA to obtain or retain business, or to secure the direction of business to either Bidder or the MBTA, or (iii) inducing or influencing a public official to use his or her influence with any governmental authority or public international organization for any such purpose.

Collusion The Bidder understands that any Bid submitted to the MBTA is made without collusion with any other Bidder submitting a Bid on the same commodity / service, and is in all respects fair and without fraud.

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 B: Requested RFP Pricing Form (page 29). The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period.

Acceptance Period The Authority requires a minimum Acceptance Period of at least one hundred and twenty (120) calendar days. In case the MBTA requires an extension, the MBTA will notify all Bidders accordingly. “Acceptance Period” for purposes of this solicitation means the number of calendar days available to the MBTA for awarding a contract based on the Due Date specified in this solicitation for receipt of Bids.

Pre-Contractual Expenses The MBTA shall not be liable for any pre-contractual expenses incurred by the Bidder in the preparation of its proposal. The Bidder shall not include any such expenses as part of its proposal. Pre-contractual expenses are defined as expenses incurred by the Bidder including but not limited to preparing its Bid in response to this solicitation, submitting its Bid to the MBTA, negotiating with the MBTA any matter related to this Bid, inspection, testing, shipping, and return shipping of proposed goods samples, or any other expenses incurred by the Bidder prior to date of award, if any, of the Agreement.

Tax Exemption The MBTA is exempt from Federal Excise Tax, including Transportation Tax, and will furnish properly executed tax exemption certificates upon request. The MBTA is also exempt from Massachusetts State Sales Tax — Exemption Number E-042-323-989. Such taxes should not be included in Bid prices.

The Bidder alone shall be responsible for payment of all federal, state and local taxes of all types and kinds applicable to such fees incurred under this Agreement.

Insurance The insurance policies that the successful bidder shall carry are outlined in the attached MBTA Minimum Insurance Requirements document with this solicitation. The successful bidder shall submit proof of insurance for the requirements detailed at the time of submitting their bid. If in the case they are not available at the time of preparing their Bid, the successful bidder certifies that they will carry such insurance policies and all costs resulting from this are included in their pricing. In this case, the successful bidder shall provide proof of insurance within three business days of conditional notice of award.

Disadvantaged Business Enterprise (DBE) Goal The Massachusetts Bay Transportation Authority has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. See Section 9.1.20 Federal Requirements – Disadvantaged Business Enterprises for detail on the DBE policy, program, and requirements.

The MBTA has established the following goal(s) for participation on this contract by DBEs. The applicable goal remains in effect throughout the life of the contract regardless of whether pre-identified DBE subcontractors remain on the Project or under contract:

Supplies & Services Contracts:

The DBE Participation Goal for this Project is 0%.

Bidders and proposed DBE subcontractors shall complete and submit with the bid Form D: DBE Letter of Intent and Form E: Schedule of Participation by Disadvantaged Business Enterprises.

When the bidder completes Form E: Schedule of Participation by Disadvantaged Business Enterprises the bidder will determine whether or not they need to complete Form F: DBE Joint Check Arrangement Approval Form and / or Form G: Joint Venture Affidavit. If the bidder needs to complete these forms, the bidder shall contact the MBTA buyer to request the forms to fill out.

The successful Bidder(s) must complete and submit the Affidavit of Subcontractor Payment (attached as Form I) on a quarterly basis.

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

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

SUBMISSION RESPONSE

Response Submissions Responses shall be submitted via the MBTA Business Center.

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

1. The Technical Proposal

1. The Price Proposal If a Bidder is a team, whether or not legally formed, the Bid Cover Letter shall be signed by all parties to the Bidder so that the Response is legally binding upon each member of the Bidder.

Any interlineations, erasures or overwriting in the Response will only be valid if they are initialed by the Authorized Signatories.

Bidders shall submit Responses including all forms and schedules and shall not remove pages from the provided forms. The Technical Proposal and Price Proposal shall be completely separate documents. Bidder Financials shall be included in Technical Proposal only.

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.

Each Response shall be submitted with the specific components listed in Enclosure 1 Bid Cover Letter.

If a Bidder is a team, whether or not legally formed, Enclosure 1 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.

Power of Attorney Bidder shall enclose a power of attorney in its own form, duly signed by a legally authorized officer of the Bidder authorizing the Authorized Signatories to sign the Response and bind the Bidder to the Response.

Acceptance of Response The Response constitutes a binding offer by the Bidder to perform the Scope of Work on the terms of the Response, and the MBTA shall have the right to accept or reject such offer and/or any conditions proposed in full or in part. If the Response is accepted, the Bidder shall conclude the Contract with the MBTA, based on the RFP, any addenda, the Response and any agreed amendments thereto. Until the formal Contract is signed, Bidder has no authority to proceed with the Scope of Work or to incur any costs for which MBTA may be held liable. MBTA shall have no obligations towards Bidder until a formal contract has been entered into.

Validity of Response The Response is irrevocable, and shall remain valid and open for acceptance, for a period of one hundred and eighty (180) days after the Response due date. The MBTA reserves the right to extend the validity period and notify Bidders accordingly.

Incomplete Response If Bidder does not fully comply with this RFP, or if the Response is incomplete or vague, the Response may not be considered, unless the MBTA in its absolute discretion decides otherwise.

MBTA POLICIES

Small, Minority, Women, and Other Disadvantaged Businesses It is the policy of the Commonwealth and the MBTA to ensure non-discrimination in the procurement of goods and services. 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.

SELECTION PROCESS AND EVALUATION

Response Opening and Confidentiality All information received from each Bidder will be treated as confidential information and will not be distributed prior to Contract execution, other than for the purpose of evaluation of the Response.

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 Proposals will be reviewed for responsiveness to the RFP requirements. The Technical Proposals will be reviewed for (i) deficiencies and minor informalities, irregularities, and apparent clerical mistakes which are unrelated to the substantive content of the Response; (ii) conformance to the RFP instructions regarding organization and format; and (iii) the responsiveness of the Bidder to the requirements set forth in this RFP. The MBTA may request Bidder clarification of any minor informalities, irregularities, and apparent clerical mistakes, after which the MBTA may evaluate the Response, at the MBTA’s sole discretion.

Those Technical Proposals not responsive to this RFP may at the MBTA’s sole discretion be excluded from further consideration and the Bidder will be so advised.

After completion of the evaluation of the remaining Technical Proposals, the remaining Price Proposals will be reviewed for responsiveness to the RFP requirements. The Price Proposals will be reviewed for (i) deficiencies and minor informalities, irregularities, and apparent clerical mistakes which are unrelated to the substantive content of the Response; (ii) conformance to the RFP instructions regarding organization and format; and (iii) the responsiveness of the Bidder to the requirements set forth in this RFP. The MBTA may request Bidder clarification of any minor informalities, irregularities, and apparent clerical mistakes after which the MBTA may evaluate the Response, at the MBTA’s sole discretion.

Those Price Proposals not responsive to this RFP may at the MBTA’s sole discretion be excluded from further consideration and the Bidder will be so advised.

The MBTA may also exclude from consideration any Bidder whose Response contains a material misrepresentation.

Evaluation and Notification Based on the information provided in each Response, the MBTA will perform Response evaluation and seek clarifications as necessary through requests for clarification or in meetings to be arranged at MBTA discretion. The MBTA will evaluate Responses based on a combination of Pass/Fail Criteria, Technical Evaluation Criteria, and Price Evaluation Criteria. The process may, at the MBTA’s sole discretion, include requests for additional written information or clarification from any Bidder to assist in evaluation, include oral interviews, include a request for best and final offers (”BAFOs”), and include a negotiations phase with the selected Bidder

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

The MBTA may at its own expense and upon reasonable notice, visit and inspect current operations of the Bidder and/or any proposed subcontractors, including the premises, facilities, equipment, personnel and other resources, and carry out related appraisals as part of the Response evaluation prior to entering into any Contract.

The Technical Evaluation Criteria are identified and detailed below.

Technical Response and Evaluation Criteria Quality of display unit and enclosure Quality of power module Quality of software Quality of warranty.

Delivery time line.

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

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

Good (4 Points Awarded): The Bidder has presented and supported an approach that is considered to meet the stated criteria. This rating indicates a generally better than acceptable quality, with little risk that this Bidder would fail to meet the requirements of the solicitation. Weaknesses, if any, are very minor and not material to the Response. Correction of the weaknesses would not be necessary before the Response would be considered further.

Satisfactory (3 Points Awarded): The Bidder has presented and supported an approach that is considered to possibly meet the stated criteria. This rating indicates a level of risk to the MBTA. Weaknesses exist but may be corrected through requests for clarification.

Fair (2 Point Awarded): The Bidder has presented and supported an approach that fails to meet stated criteria and would pose a clear risk to the MBTA. The issues may be susceptible to correction through major and lengthy discussions. Such a response is considered marginal in terms of the basic content or amount of information provided for evaluation.

Poor (1 Points Awarded): The Bidder has presented and supported an approach that indicates significant weaknesses or unacceptable quality, or fails to include evidence that it is capable of providing the services requested. The Response fails to meet the stated criteria or lacks essential information. There is no reasonable likelihood of success; weaknesses are so major or extensive that a major revision to the Response would be necessary.

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

Basis of Award: Best – Value Proposal Bidder is advised that the MBTA shall not be bound to accept the lowest priced Response or the Response with the highest technical Proposal Score. The selection will be made on a best-value basis, evaluating price along with other factors. For purposes of this procurement, all evaluation factors other than price, when combined, are more important than the lowest price. Therefore, the MBTA may decline to select the lowest-priced, technically acceptable Proposal, if the MBTA determines that another, higher-priced Proposal demonstrates sufficient additional technical merit to justify the additional cost. Similarly, price will be an important factor in differentiating between Proposals of comparable technical merit.

In order to make a selection, the MBTA will determine whether the Responses are responsive and evaluate both the Pass/Fail Evaluation Criteria and Technical Evaluation Criteria, and assign an overall Technical Proposal Score. After the determination of the Technical Proposal Score, the MBTA will evaluate the Price Evaluation Criteria of the remaining Bidders and assign an overall Price Proposal Score. To determine the best value, the MBTA will then conduct a trade-off analysis determining whether the perceived benefits of the higher priced Response merit the additional cost.

The MBTA will not select any Bidder that receives a rating of fail on any Pass/Fail Evaluation Criteria or less than an average of 2 on any Technical Evaluation Criteria. The MBTA will not select any Bidder that the MBTA determines has submitted a non-responsive Technical or Price Proposal or to have submitted any pricing information that is not reasonable. The MBTA reserves the right to accept or reject, at its sole discretion, any or all Responses in full or in part.

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

MBTA Reserved

In connection with this RFP, the MBTA reserves to itself all rights (which rights shall be exercisable by the MBTA in its sole discretion) available to it under applicable laws, including without limitation, with or without cause and with or without notice, the right to:

a) Modify the RFP process in its sole discretion to address applicable law and/or the best interests of the MBTA.

b) Develop the work to be performed under the Contract in any manner that it, in its sole discretion, deems necessary. If the MBTA is unable to negotiate a Contract to its satisfaction with a Bidder, it may negotiate with the Bidder with the next highest ranked proposal, terminate this RFP and pursue other developments or solicitations relating to the work to be performed under the Contract, or exercise such other rights under the provisions of Massachusetts law as it deems appropriate.

c) Cancel this RFP in whole or in part at any time prior to the execution by the MBTA of a Contract, without incurring any cost, obligations, or liabilities.

d) Issue a new Request for Proposals after withdrawal of this RFP.

e) Not select any Bidder or cancel this procurement.

f) Reject any and all submittals and Responses received at any time.

g) Modify all dates set or projected in this RFP.

h) Terminate evaluations of Responses received at any time.

i) Exclude any potential Bidder from submitting any response to the RFP based on failure to comply with any requirements of those documents.

j) Suspend and terminate Contract negotiations at any time, elect not to commence Contract negotiations with any responding Bidder, and engage in negotiations with the Bidder with the next highest ranked proposal if negotiations are unsuccessful with the apparent successful Bidder.

k) Issue addenda, supplements, and modifications to this RFP.

l) Appoint an Evaluation Team to evaluate Responses, make recommendations to the MBTA FMCB and MassDOT Board of Directors, and seek the assistance of MBTA, MassDOT, and consultant technical experts in Response evaluations.

m) Require confirmation or clarification of information furnished by a Bidder, require revised or additional information from a Bidder concerning its Response, and require additional information to clarify the Response submitted in response to this RFP.

n) Conduct presentations with Bidders, identify a short-list of Bidders, and conduct on-site visits at Bidder facilities.

o) Declare a competitive range, conduct discussions, and request Response revisions and best and final offers.

p) Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFP.

q) Add or delete Bidder responsibilities from the information contained in this RFP.

r) Waive deficiencies in a Response, accept and review a non-conforming Response, or permit clarifications, revisions, or supplements to a Response.

s) Negotiate with a Bidder without being bound by any provision in its Response, or choose to award and/or execute the Contract without negotiations.

t) Disqualify any Bidder that changes its submittal without MBTA approval.

u) Disqualify any Bidder under this RFP for violating any rules or requirements of the procurement set forth in this RFP or in any other communication from MBTA.

v) Delay issuance of notice to proceed after execution of the Contract.

w) Conduct all or any portion of the Scope of Work itself.

x) Exercise any other right reserved or afforded to the MBTA under this RFP.

This RFP does not commit the MBTA to enter into a Contract or proceed with the procurement described herein. The MBTA assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to and/or responding to this RFP. All of such costs shall be borne solely by each Bidder.

In no event shall the MBTA be bound by, or liable for, any obligations with respect to the work to be performed under the Contract until such time (if at all) as the Contract, in form and substance satisfactory to the MBTA, has been executed and authorized by the MBTA and, then, only to the extent set forth therein; provided, however, that the foregoing disclaimer in this sentence shall not apply to the obligations of the MBTA to the Bidders during the procurement process, which obligations are expressly set forth in this RFP. In submitting a Response to the RFP, each Bidder is specifically acknowledging these disclaimers.

Appeal / Protest Procedures Bid appeals / protests relative to this procurement will be reviewed and adjudicated in accordance with the MBTA's Appeals / Protest Procedure - Goods & Services. A copy of this procedure is available by contacting the Buyer assigned to this procurement and available online at www.mbta.com.

CONTRACT STRUCTURE

The contract (“Contract”) between the MBTA and…