RFP 139-24 - Rochester Mechanical Services 7.31.2024.pdf

7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 139-24

COMMBUYS # BD- BD-24-1206-40000-

40000-105683

ROCHESTER MECHANICAL SERVICES

Date Issued: July 31, 2024

RFP: 139-24 - 1 - COMMBUYS #: BD-24-1206-40000-40000-105683

Project Name: Rochester Mechanical Services Revision: 12/19/2023

Contents

1. INTRODUCTION

1.1 RFP Documents

1.2 RFP Responses and Key Information

2. SCOPE OF WORK

2.1 Major Scheduled Activities

2.2 Rochester Facility

2.3 Program Management, Contract Performance and Reporting

2.4 Safety

2.5 Workplace Conduct

2.6 Skills and Staffing

Additional Services:

2.7 Tools and Equipment

2.8 Recordkeeping

2.9 Materials and Materials Management

2.10 Sub-Contracting

2.11 Warranty

2.12 Service Level Agreement

2.13 Locomotive Overhaul Scope of Work

2.14 Coach Overhaul Scope of Work

2.15 Coach Conversion Scope of Work

2.16 Bi-level Coach Commissioning Scope of Work

2.17 Locomotive Commissioning Scope of Work

2.18 Repair of body damage to Rolling Stock

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

3.4 Dissemination of Confidential Information

3.5 Examination of RFP

3.6 Rules of Contact

3.7 Clarifications of Specifications, Questions and Answers

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3.8 RFP Addendum

3.9 MBTA Standard Contract and Terms & Conditions

3.10 Confidentiality / Public Information Act Disclosure Requests

3.11 Business Conduct

3.12 Collusion

3.13 Prices

3.14 Acceptance Period

3.15 Eligible Entities

3.16 Pre-Contractual Expenses

3.17 Tax Exemption

3.18 Insurance

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

4.4 Incomplete Response

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

6.2 Responsiveness Review and Basis of Award

6.3 Evaluation and Notification

6.4 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

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Form C: Small Business Program Attestation Form

Form D: Pricing Response - submit attachment in Commbuys

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: 139-24 - 4 - COMMBUYS #: BD-24-1206-40000-40000-105683

Attn: Bidder/s Request for Proposals (RFP) # 139-24 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 139-24. The Scope of Work is outlined below in Section 2. The MBTA may at its own discretion award contract(s) to one or multiple Bidders.

All formal communication with the MBTA during the bidding period shall be only through the MBTA’s designated point of contact.

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

John de Lalla Massachusetts Bay Transportation Authority 10 Park Plaza, Room 2810 Boston, MA 02116 Email: jdelalla@mbta.com

The RFP shall be launched through Commbuys and proposals must be submitted electronically no later than 8/28/2024 2:00 PM, in full compliance with this RFP including but not limited to Section 3, Bidders Instructions and Procurement Process. This RFP shall remain in force until the execution of the Contract, or until modified or cancelled by the MBTA.

Respectfully, John de Lalla

John de Lalla

Massachusetts Bay Transportation Authority

RFP # 139-24

COMMBUYS Bid # BD- BD-24-1206-40000-40000-105683

RFP: 139-24 - 5 - COMMBUYS #: BD-24-1206-40000-40000-105683

1. INTRODUCTION

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) is soliciting proposals to provide qualified mechanical services for the overhaul of diesel locomotives and passenger coaches, as well as provide mechanical support for the commissioning of locomotives and coaches overhauled by other contractors, including required FRA inspections. A limited amount of additional work scope may be added during the term of the contract upon mutual agreement.

The contract term will be from November 1, 2024, to June 30, 2026. At the MBTA’s discretion, there will be two (2) one-year options to extend the agreement.

The MBTA intends to award to one or more Bidders. At the MBTA’s discretion, this procurement may be re-opened on a periodic basis to allow new Bidders to be considered for participation in the vendor pool.

All work will take place at the MBTA’s Rochester, Massachusetts facility.

1.1 RFP Documents

This RFP is comprised of the following documents:

• RFP 139-24 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 Attachment A – Locomotive Overhaul Specification o Attachment B – Coach Overhaul Specification o Attachment C - Minimum Insurance Requirements o Form D – Bidder Price Response, submit as a separate document

1.2 RFP Responses and Key Information

• Evaluation Criteria section 6.5

2. SCOPE OF WORK

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks qualified resources to assist in the operation and mechanical staffing of its Rochester, Massachusetts Commuter Rail maintenance facility (“Rochester”). These primary activities and goals of Rochester are to:

• conduct locomotive overhauls

• conduct passenger coach overhauls

• provide mechanical support for the commissioning of new bi-level passenger coaches

• provide limited mechanical support for the commissioning of overhauled locomotives

(overhauled by others)

• repair body damage to rolling stock

• conduct FRA inspections for the above locomotives and coaches during overhaul, RFP: 139-24 - 6 - COMMBUYS #: BD-24-1206-40000-40000-105683 commissioning, and repair activities

This agreement will be awarded to one or more qualified Contractors who can contribute to program management and/or staffing that supports the specific work scope and schedule parameters outlined below.

2.1 Major Scheduled Activities

The MBTA has identified the specific projects and schedule below for the Rochester facility:

Project Completion

Date Executive/Event Coaches #525 and #529

• Complete work in progress Q3 2024

• Locomotive Overhaul (Loco ID MBTX 1130) Complete work in progress

Q4 2024

Locomotive Overhaul (Loco ID MBTX

11XX)

• Complete work in progress

Q1 2025

Convert coach no. MBTX 5XX to a cafe’ coach

Q2 2025

Convert coach no. MBTX 5XX to a first-class coach

Q2 2025

Convert coach no. MBTX 2XX to a bike coach

Q2 2025

Locomotive Overhaul (Loco ID MBTX

11XX)

Q3 2025

Locomotive Overhaul (Loco ID MBTA

11XX)

Q4 2025

Coach Overhaul- Theater Observation Car (Coach ID MBTA 15XX)

Q4 2025

Coach Overhaul (Coach ID MBTA 5XX) Q1 2026 Locomotive Overhaul (Loco ID MBTA

11XX)

Q1 2026

Locomotive Overhaul (Loco ID MBTA

11XX)

Q2 2026

Convert coach no. MBTX 2XX to a bike coach

Q2 2026

900 Series Coaches- Floor and Window Replacements

1 per month

FRA Inspections performed on equipment per CFR

As Required by

CFR

At the MBTA’s discretion, the number of locomotives or coaches to be overhauled may be increased or decreased. It is not expected that quantities will increase by more than one (1) locomotive and one (1) coach per calendar year.

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Further details regarding each of the above activities are described below and supported by the RFP Exhibits.

In addition to the above items, the Contractor is responsible for all FRA inspection to be performed per CFR regulation. It is estimated that there will be 3 inspections per year on locomotives and 4 per year on coaches.

In addition, the Contractor shall be responsible for collision damage repair – expected to be two (2) locomotives and two (2) coaches per year, but subject to actual experience.

2.2 Rochester Facility

• Located at 45 Kings Highway, West Wareham, MA 02576

• Building o 53,000 Sq. Ft.

o Office Area o Cubicle Area o Conference Room o Lunchroom o Break Room o Rest Rooms with lockers and showers.

• Common shop tooling including o Drill Press o Lathe o Welder

• Overhead Cranes (2) o Demag DGTRDM-3M - 12 Ton o Demag DGTRDM-T010T – 7.5 Ton

• Simmons Wheel True Machine – Stanray M1

• Simmons (Whiting) Turntables (2) – 12’ Diameter manual/powered.

• Whiting 50 Ton Portable Jacks (8)

• Whiting 29 Ton Portable Jacks (4)

• Man Lift – Genie Z-45 RT

• Fork Truck (2) o Toyota 8FBCU32 o Toyota 8FG45U

• 2 Full Length Interior Tracks o Track One with Wheel True Machine o Track Two with full length inspection pit.

• Temporary Paint Booth to be replaced with permanent structure.

• Yard o Fully lit, fenced, and gated.

o Surveillance System

• 5 Yard Tracks with full layover capabilities o 480V o Air o Water

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Two MBTA staff are permanently located at Rochester; John Carrega, Director of Rochester Operations and Cliff Sherman, RRO Project Manager. The MBTA is responsible for the facility maintenance and operation.

Rochester is open from 6 a.m. until 6 p.m. Normal work hours are Monday – Friday; however, weekend work is permitted with prior MBTA approval. The facility is closed on the following holidays: New Years Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor staff are permitted to be onsite without MBTA personnel present if the schedule and staffing has been previously approved by the MBTA.

Currently Rochester has a security guard on site 24 hours a day, seven days a week. In fall of 2024, the guard service will be terminated and with the MBTA’s security system. All Contractors will be issued identification badges and tap cards for entry to the property.

2.3 Program Management, Contract Performance and Reporting

Contractor will provide program management services including but not limited to creation and management of detailed overhaul schedules encompassing staffing requirements, material requirements, materials management, quality control, and status reporting. In the event the MBTA awards contracts to more than one Bidder, this function will be performed by one of the successful Bidders and any others will be required to support this effort fully.

Major deliverables required include:

• High-level schedule (based on Section 2.1 of this RFP) within 10 business days of contract award

• Schedules with staffing lists, updated bi-weekly

• Weekly project reviews with the MBTA Contract Administrator or their designee

• Weekly written project updates inclusive of performance to schedule, potential issues, and risk mitigation strategies as appropriate

• Monthly projected costs inclusive of labor and materials

• Material procurement strategies including costs and timing of major purchases

• Quarterly business reviews with Commuter Rail and MBTA Procurement leadership including:

o Major accomplishments of the prior quarter o Safety performance o Contract billing o Potential project risks and risk mitigation strategies

• Review of performance to SLAs (Section 2.12)

2.4 Safety

Safety of employees, contractors, and passengers is of primary importance to the MBTA. All Contractor personnel who will work at Rochester will:

• Contractor will comply with all MBTA and Specific Corporate Safety Policies.

• The MBTA will post all MBTA/OSHA Safety Bulletins

• The Contractor will post all Corporate Specific Policies and Postings

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The Contractor will establish and implement the following safety programs for the Rochester facility. In the event that more than one Bidder is awarded, the Contractor who provides Program Management support will be responsible for these programs and reporting:

• Whatever you need – hot work, tool box talks, etc.

• Who does the OSHA reporting posters and things like that?

2.5 Workplace Conduct

All Contractor personnel will adhere to MBTA workplace conduct requirements, including but not limited to the following:

• No firearms

• No physical confrontation or verbal attacks of any kind

• Courtesy in the work place and respect for all

• Anti-discrimination

• No drugs/alcohol

• Obey all safety/security rules

• Theft of any kind is prohibited

If a contractor’s employee fails to comply with any of these requirements or otherwise adversely affects the safety, security, compliance, or workplace harmony, the Contractor will notify the on site MBTA staff and immediately remove the employee from MBTA premises. In addition, the MBTA reserves the right to remove any of the Contractor’s personnel at any time for any reason.

2.6 Skills and Staffing

The MBTA requires all skills and capabilities necessary to perform the work identified in Section 2.1 Major Scheduled Activities and further defined in Sections 2.13 to 2.18. Since the MBTA will consider multiple awards, prospective bidders are reminded that they need not provide all identified skills with their proposal.

The following specific skills and certifications are required for Rochester:

• Wheel truing machine operator (if applicable, state manufacturer)

• Trackmobile operator

• As applicable, personnel must be licensed and able to operate lathe, bending brake, drill press, welding machines, forklifts, and overhead cranes

• Some number of the staff must be FRA Qualified Maintenance Personnel in accordance with 49 CFR 238.109

• Welders must be certified by the American Welding Society (AWS) or have an

MBTA-approved equivalent certification or qualification

It is anticipated that Contractor personnel will include the skills and designations listed below; however, Bidders should indicate in their response the specific resource descriptions and numbers of resources and scheduling they will use to complete the Scope of Work.

• Qualified Maintenance Personnel (QMP)

• Maintenance Personnel (MP)

• Locomotive Specialists

• Electrical/Electronic Technicians

• Certified Welder/Fabricator

• Finish Technicians

• Management and administrative personnel

• Locomotive/Coach Control and Communications Engineer

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The MBTA’s recommended staffing plan is listed below but will be open to other proposals as part of the bid process.

On Site Manager 1

Qualified Maintenance Personnel (QMP) 3

Maintenance Personnel (MP) 2

Locomotive Specialist 4

Electrical/Electronics Technician 2

Certified Welder/Fabricator 1

Documentation Control/QC Inspector 1

Car Cleaner 2

Admin/MMS Manager 1

Stock Person 1

General Laborer 1

• Additional Staffing (increased scope/schedule projections):

Assistant On Site Manager 1

Coach Specialist 1

Locomotive/Coach Control and Communications Systems Engineer 1

ADDITIONAL SERVICES:

Additional services will be determined and scheduled as needs are identified. These will be approved in advance and addressed through a contract amendment. Some of the services that may be required include:

Heavy maintenance of major systems Fleet initiatives and FMI’s as directed by MBTA Repairs and unscheduled maintenance All FRA Preventive Maintenance and Special Inspections Resourcing, engineering, and substitution of obsolete materials Mechanical, Electrical, Control Engineering and Documentation Collision, vandalism, and other damage repairs, including possible fabrication of components.

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2.7 Tools and Equipment

The Contractor(s) will supply all industry standard common shop tools to diagnose and repair locomotives and Coaches.

2.8 Recordkeeping

The Contractor will establish and maintain records (paper and electronic) of inspection, maintenance, and repair activities to comply with FRA, AAR and MBTA Recordkeeping Requirements. The Contractor will provide electronic daily labor, material and task reports to the onsite MBTA MMS Manager for entry into Trapeze. The MBTA will at its own discretion may allow the contractor to utilize a substitute MMS that provides comparable data. The Contractor will be responsible for paying for this alternate system. The MBTA will have full access to the alternate system and all data will belong to the MBTA.

2.9 Materials and Materials Management

Some materials to be used may be provided by the MBTA. Consumable items required for FRA inspections, which will be provided by the Contractor.

As each specific overhaul project is planned, Contractor will work with the MBTA to identify necessary components and materials. Upon mutual agreement, Contractor will procure specified items. Contractor will not procure items other than consumables without prior agreement from the MBTA.

Any procurement of parts and/or materials by the Contractor will be on a pass-through basis with a maximum markup of a 5% (five percent) on materials up to $100,000 and 3% (three percent) on materials above $100,000. Any procurement exceeding $25K will require an additional (after joint inspection agreement) prior MBTA approval. Invoices shall be included and submitted with the monthly invoice, and the MBTA reserves right to audit all materials procurements.

Rochester has a secure location for parts and materials storage. It is the Contractor's responsibility to ensure that all MBTA-provided materials are secure and that inventory accuracy and integrity is maintained. The Contractor is responsible for missing materials.

2.10 Sub-Contracting

Subcontractors will be held to the same standards as the successful Contractor. Bidders must specify in the Technical response any known sub-contractor participation. Any subcontractors added during the term of the agreement must be approved by the MBTA’s Contract Administrator.

2.11 Warranty

Workmanship: All work will be performed in a workman-like manner, and Contractor will warranty all work for 90 (ninety) days. Under no circumstance will the MBTA be responsible for labor or materials costs stemming from improper work completed by Contractor. At the MBTA’s discretion, such repairs and corrective action may be taken by MBTA or third-party resources and the Contractor will reimburse the MBTA at then-current rates for services and at MBTA cost for any necessary materials.

Materials: Contractor will honor and execute warranties for any contractor-procured or MBTA-provided materials in accordance with the warranty provided by the Original Equipment Manufacturer and/or distributor’s warranty coverage. Any inability to execute such warranties as a result of the Contractor's

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actions or inactions will be borne by the Contractor.

2.12 Service Level Agreement

The following Service Level Agreements will apply to the Contract. In the event that multiple contractors are engaged in the performance of a particular project or scope, the SLA will apply proportionally to all contractors.

Service Level Agreement

Penalty (per contract year) 1st Incident 2nd – 5th Incident 6th + Incident

Failure to execute mutually-agreed upon schedule and cost for specific projects listed in Section 2.1

Written warning 5% of the cost of the specific work

10% of the cost of the specific work

Failure to comply with safety requirements

Written warning 5% of the applicable month’s labor cost deducted from payment

25% of the applicable month’s labor cost deducted from payment

Failure to report an emergency situation to MBTA Contract Administrator

Written warning 10% of the applicable month’s labor cost deducted from payment

50% of the applicable month’s labor cost deducted from payment

Failure to submit reports and/or conduct reviews in accordance with Section 2.3

Written warning 5% of the applicable month’s labor cost deducted from payment

5% of the applicable month’s labor cost deducted from payment

Add others as appropriate

2.13 Locomotive Overhaul Scope of Work

The Scope of Work for a locomotive overhaul is described in Attachment A, attachment in COMMBUYS. Prior to commencing work on a specific locomotive overhaul, MBTA and Contractor will perform a joint inspection of the equipment. In the event changes to scope are necessary, Contractor and MBTA will identify the changes and negotiate increases or decreases to the resource requirements and/or project completion time, which will be documented. Material changes will be addressed in a contract amendment.

Since the condition of the MBTA locomotives may vary, at the MBTA’s discretion a “hidden damage” allowance of up to 15% for each locomotive overhaul may be included in the contract value. However, this allowance is not to be utilized without a specific modification to scope for the overhaul.

2.14 Coach Overhaul Scope of Work

The Scope of Work for a coach overhaul is described in Attachment B, attachment in COMMBUYS.

Prior to commencing work on a specific coach overhaul, MBTA and Contractor will perform a joint inspection of the equipment. In the event changes to scope are necessary, Contractor and MBTA will identify the changes and negotiate increases or decreases to the resource requirements and/or project completion time, which will be documented. Material changes will be addressed in a contract

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amendment.

2.15 Coach Conversion Scope of Work

The Scope of Work for a coach conversion is described below. Prior to commencing work on a specific coach conversion, MBTA and Contractor will perform a joint inspection of the equipment. In the event changes to scope are necessary, Contractor and MBTA will identify the changes and negotiate increases or decreases to the resource requirements and/or project completion time, which will be documented.

Material changes will be addressed in a contract amendment.

Scope of Work may include (but is not limited to the following) an overhaul as detailed in Attachment B.

Two of the Cape Flyer coaches would include a food and drink service area. We would install counters, food prep and storage area and equipment, refrigeration and freezer units. Upgrade the sound system and add TV's. There will be seats and tables for eating and a level of first-class accommodations in one coach that includes upgraded seating and carpet. The bike coach is set up for transporting bikes and luggage.

The Observation coach will also be overhauled and engineered to provide a full view end, some level of stadium seating, workspaces, and food prep. All coach conversions must be compliant with all FRA regulations for passenger service.

2.16 Bi-level Coach Commissioning Scope of Work

The Scope of Work for a Bi-level coach commissioning will consist of daily inspections, assist with consist management, wheel truing if necessary

2.17 Locomotive Commissioning Scope of Work

The Scope of Work for a locomotive commissioning will consist of daily inspections, assist with consist management, wheel truing if necessary

2.18 Repair of body damage to Rolling Stock

From time to time, MBTA rolling stock may become damaged. The Contractor will have resources in place and the capability to address this. Significant repairs that could increase resource requirements or schedule performance for other planned work will be addressed through a contract amendment.

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3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

Pre-bid Teams Virtual meeting, to attend send email to jdelalla@mbta.com, 8/6/2024, 11:00 AM. 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 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.

http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx mailto:COMMBUYS@state.ma.us

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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 to the MBTA’s Point of Contact. The MBTA’s Point of Contact is John de Lalla, jdelalla@mbta.com.

3.2.2 IDENTIFICATION OF BIDDER DESIGNATED REPRESENTATIVE

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

3.3 RFP Calendar and Delivery Instructions

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

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

TABLE: RFP CALENDAR – Rochester facility mechanical services

Procurement Activity Date Time

RFP issued 7/31/2024 5:00 p.m.

Pre-bid Teams Virtual meeting, to attend send email to jdelalla@mbta.com.

8/6/2024 11:00 a.m.

Optional Rochester Facility Tour if requested (45 Kings Highway, West Wareham, MA 02576), to attend send email to jdelalla@mbta.com

8/13/2024 11:30 a.m.

Deadline for submission of Bidder questions via

COMMBUYS Q&A

8/15/2024 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

8/20/2024 2:00 p.m.

Response Due Date 8/28/2024 2:00 p.m.

Virtual presentations at MBTA (estimated) 9/17/2024 Contract Execution (estimated) 9/27/2024 Service Start Date (estimated) 11/1/2024

3.4 Dissemination of Confidential Information

Not Applicable

3.5 Examination of RFP

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

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

mailto:rfpresponse@mbta.com

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3.6 Rules of Contact

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

Contact includes face-to-face, telephone, email, or formal written communication.

The specific rules of contact are as follows:

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

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

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

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

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

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

3.7 Clarifications of Specifications, Questions and Answers

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

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Point of Contact via the COMMBUYS. In addition, the MBTA reserves the right to, in its sole discretion, not answer all questions submitted by Bidders.

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

3.8 RFP Addendum

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

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

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

3.9 MBTA Standard Contract and Terms & Conditions

The MBTA does not encourage attempts to negotiate the Section 8.0 Massachusetts Bay Transportation Authority Standard Contract Terms & Conditions. Many of these provisions are required by law; others are longstanding MBTA policy / practice. Accordingly, Bidders / proposers should only redline or object to provisions that they find absolutely unacceptable. Any rejection or modification of these provisions may disqualify a Bid / proposal as being non-responsive or non-compliant.

3.10 Confidentiality / Public Information Act Disclosure Requests

3.10.1 Disclosure Waiver

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

3.10.2 Public Disclosure of Response Documents

Subject to applicable law, after execution of the Contract, or in the event that the procurement is cancelled by the MBTA, the MBTA shall have the right to publicly disclose any and all portions of all Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 3.10.3, unless otherwise required by law.

3.10.3 Disclosure Process for Requests Under the Public Records Law

All written correspondence, exhibits, reports, printed material, photographs, tapes, electronic disks, and other graphic and visual aids submitted to the MBTA during this procurement process, including as part of the response to this RFP, become the property

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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.

3.11 Business Conduct

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

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

a) any person employed or representing the MBTA;

b) any other person, including any public official;

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

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

3.12 Collusion

By the submission of a Bid in response to the RFP, the Bidder represents and certifies that its Bid is made without collusion with any other Bidder submitting a Bid on the same commodity / service and is in all respects fair and without fraud.

3.13 Prices

Bidders shall submit their pricing using Form D: Price Response. The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period.

3.14 Acceptance Period

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

3.15 Eligible Entities

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

3.16 Pre-Contractual Expenses

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

3.17 Tax Exemption

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

The Bidder alone shall be responsible for payment of all federal, state and local taxes of all types and kinds applicable to any Agreement it enters into with the MBTA and/or to the compensation it receives from the MBTA or any other party in connection with such Agreement.

3.18 Insurance

The insurance policies that the successful bidder shall carry are outlined in the Form C: Minimum Insurance Requirements document in Commbuys. 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

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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

• Other items as applicable

b) Price Response as a separate document, including:

• Form D: Price Response: Sections 1 – 4. Bidders must respond as noted in Form D.

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

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

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

Bidders shall submit Responses including all forms and schedules and shall not remove pages from the provided forms. The Technical Response and Price Response shall be completely separate documents.

Bidder Financials shall be included in Technical Proposal only.

Any Response which materially fails to meet the Response requirements of the RFP will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the Bidder to make minor corrections to the Response.

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.

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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 submitting a Supplier Diversity Affidavit detailing any spend with subcontractors monthly. Direct spend with subcontractors will be prioritized over indirect spend.

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

https://www.mass.gov/certification-program-for-sdo.

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

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

6.2 Responsiveness Review and Basis of Award

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

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)…