7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 142-26

COMMBUYS # BD- 27-1206-MBTA-MBTA-

134558

LIVE AGENT VISUAL INTERPRETATION

Date Issued: October 16, 2026

RFP: 142-26 - 1 - COMMBUYS #: BD- 27-1206-MBTA-MBTA-134558

Project Name: LIVE AGENT VISUAL INTERPRETATION Revision: 8/17/2026

Contents

1. INTRODUCTION

A. Objective

B. Contract Term and Budget

2. SCOPE OF WORK

2.1 Live Agent Interpretation

2.2 Expected Contract Duration

2.3 Additional Services

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

3.4 Pre-Bid Conference

3.5 Dissemination of Confidential Information

3.6 Examination of RFP

3.7 Rules of Contact

3.8 Clarifications of Specifications, Questions and Answers

3.9 RFP Addendum

3.10 MBTA Standard Contract and Terms & Conditions

3.11 Confidentiality / Public Information Act Disclosure Requests

3.12 Business Conduct

3.13 Collusion

3.14 Prices

3.15 Acceptance Period

3.16 Eligible Entities

3.17 Pre-Contractual Expenses

3.18 Tax Exemption

3.19 Insurance

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

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Revision: 8/17/2026

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

Form C: Small Business Program Attestation Form

Form D: Pricing Response

7.1 MBTA Standard Contract Instructions (Section 8.0)

7.2 MBTA Standard Terms & Conditions Instructions (Section 8.1)

8. Massachusetts Bay Transportation Authority Standard Contract

8.1 Standard Terms and Conditions

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Revision: 8/17/2026

Attn: Bidder/s Request for Proposals (RFP) # 142-26 RFP Description:

Dear Prospective Bidder:

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuit to Mass. Gen. Laws, ch 161A (as amended) invites Bidders to participate in the competitive bid 142-26. The Scope of Work is outlined below in Section 2. The MBTA may at its own discretion award contract(s) to one or multiple Bidders.

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

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

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

The RFP shall be launched through COMMBUYS and proposals must be submitted electronically no later than 11/20/2026 2:00 PM, in full compliance with this RFP including but not limited to Section 3, Bidders Instructions and Procurement Process. This RFP shall remain in force until the execution of the Contract, or until modified or cancelled by the MBTA.

Respectfully, Mellissa O’Connor

Massachusetts Bay Transportation Authority

RFP # 142-26

COMMBUYS Bid # BD- 27-1206-MBTA-MBTA-134558

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1. INTRODUCTION

The Massachusetts Bay Transportation Authority (MBTA or Authority) operates 153 rapid transit stations serving the Boston metropolitan area. Station layouts vary significantly and may include complex pathways among entrances, fare areas, platforms, tracks, elevators, escalators and exits. Riders who are blind or have low vision may encounter additional navigation challenges, particularly when construction, obstacles, blocked pathways or out-of-service facilities change the expected path of travel.

Following market research into smartphone-based live-agent visual interpreting solutions, the MBTA intends to procure a qualified provider to deliver real-time visual interpretation and navigation support for blind and low-vision riders in rapid-transit environments.

A. Objective

The objective is to implement a reliable, accessible, software-based live-agent visual interpreting service that allows blind and low-vision riders to connect with trained agents for real-time audio and visual assistance while navigating MBTA stations. The solution shall function in indoor and outdoor transit environments, require no dedicated physical infrastructure, operate with minimal ongoing MBTA support, and provide measurable service quality through defined SLAs and KPIs.

B. Contract Term and Budget

The anticipated initial term is three (3) years, with two (2) optional two-year extension periods exercisable at the MBTA's discretion. System-wide Accessibility has budgeted approximately $120,000 per year in operating funds. Final pricing, usage assumptions and contract value will be established through the procurement and resulting agreement.

The RFP is comprised of the following documents:

• RFP 16-24, and Form Enclosures including:

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

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

2. SCOPE OF WORK

2.1 Live Agent Interpretation

Provide trained live visual interpreters who use the rider's smartphone camera and audio connection to

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Revision: 8/17/2026 describe surroundings and provide real-time information supporting safe and independent transit navigation.

Assist riders who are blind or have low vision through accessible station pathways to transit points of interest, including unexpected changes to paths of travel e.g. construction, obstacles, out-of-service facilities.

Operate effectively in indoor and outdoor transit environments.

Provide live-agent support in English and Spanish at a minimum; the Contractor shall identify all additional supported languages.

A. User Access, Availability and Connection

Provide a simple and accessible method for riders to engage the service through supported smartphones.

Connect users to a live agent within an average of one (1) minute or less, measured monthly.

Maintain sufficient trained-agent capacity during peak and non-peak periods to meet contractual response and availability requirements.

Describe any connection limits, call-duration limits, usage limits, queue-management rules and procedures for demand spikes.

Maintain an escalation process for calls that cannot be served within the required response time.

B. Station Network and Transit-Use Configuration

Work with the MBTA to define and finalize the station network and service boundaries covered by the service.

Configure account, routing, geolocation, program or other administrative controls to distinguish MBTA-sponsored transit-related use from general-purpose use.

Support continuous refinement of controls as station conditions, policies, service boundaries and program requirements evolve.

C. Agent Training

Provide comprehensive initial and ongoing training for visual interpreters, including descriptive communication, environmental scanning, wayfinding and obstacle avoidance, orientation and mobility considerations, and caller safety.

Develop MBTA-specific training to support navigating complex stations and common accessibility scenarios.

Coordinate with MBTA System-wide Accessibility on MBTA-provided policies and protocols, which may include Transit Ambassador engagement, station and train accessibility requests, escalation and

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Revision: 8/17/2026 emergency procedures.

Clearly identify Contractor-provided versus MBTA-provided training content.

Maintain training completion and refresher records for agents assigned or eligible to support the MBTA program.

D. Implementation, Testing and Go-Live

Provide an implementation plan identifying tasks, milestones, roles, dependencies, training, configuration, testing and go-live criteria.

Configure and test station coverage, user access, call routing, reporting and transit-related-use controls.

Conduct quality-assurance testing in representative indoor and outdoor MBTA environments.

Document limitations identified during testing and recommend operational mitigations.

Obtain MBTA stakeholder approval before production go-live.

E. Ongoing Operations and Support

Assign an account/service manager and technical escalation contact.

Provide ongoing technical support, incident management, service monitoring and issue resolution.

Maintain service configuration, agent readiness, reporting and administrative controls throughout the contract term.

Participate in periodic performance reviews and implement corrective action plans when contractual performance requirements are not achieved.

F. Technical and Accessibility Requirements

The solution shall be software-based and shall not require dedicated physical infrastructure at MBTA stations.

The solution shall support current native iOS and Android accessibility features.

The solution and included user-facing documentation shall conform to WCAG 2.1 Level AA and applicable Section 508/ADA requirements. The Bidder shall disclose known areas of nonconformance.

The Bidder shall provide a current Accessibility Conformance Report (ACR) based on an applicable VPAT or equivalent, addressing WCAG 2.1 Levels A and AA and applicable Functional Performance Criteria.

The Bidder shall describe any SDK, APIs or integrations available for compatibility with wearable technology such as smart glasses.

The Bidder shall identify minimum cellular/network performance requirements and known limitations in underground or low-signal environments.

G. Information Security

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Revision: 8/17/2026

Comply with applicable MBTA information-security policies and standards.

Describe security governance, access controls, encryption, privacy, logging, vulnerability management, incident response and data-protection practices.

Identify applicable security certifications, attestations and independent audit reports.

Cooperate with MBTA information-security review and provide requested security documentation prior to production implementation and as reasonably required during the contract term.

H. Reporting and Analytics

Provide monthly reporting, at a minimum, for number of calls, total minutes, average call duration, available location, call purpose/category and language.

Provide service-performance metrics including connection time, calls exceeding the SLA, completed calls, abandoned/unanswered calls, service availability and incident information.

Where supported, report call category, call success rate, customer satisfaction, agent quality, repeat contacts and other relevant service measures.

Provide reports through a dashboard or self-service portal and allow export in commonly usable formats such as CSV/Excel and PDF.

Provide sufficient call-level or aggregated evidence to validate invoices and confirm that MBTA-funded usage is transit-related.

Conduct a quarterly usage review process with the MBTA to identify non-transit use, anomalies and opportunities to refine controls.

I. Service Level Agreements (SLAs)

The following minimum service levels are proposed for contract administration. Bidders shall identify any exceptions and may propose stronger commitments. Final remedies and service credits will be established in the resulting agreement.

ID Service Level Definition Target Evidence

SLA-1 Live-Agent Connection Time

Average time from initiation of a valid request to connection with a live agent.

≤ 60 seconds monthly average

Monthly platform/call logs

SLA-2 Connection-Time Compliance

Percentage of valid calls connected within 60 seconds.

≥ 90% Monthly call-level timestamps

SLA-3 Service Availability Availability of the live-agent service during contracted service hours, ≥ 99.5% System availability report

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Revision: 8/17/2026 excluding approved maintenance.

SLA-4 English/Spanish Coverage

Availability of English and Spanish live-agent support during contracted service hours.

100% Language/queue records

SLA-5 Agent Training Compliance

Agents supporting MBTA calls have completed required vendor and applicable MBTA-specific training.

100% Training records

SLA-6 Critical Incident Acknowledgment

Acknowledge MBTA-reported Severity 1 service outage or inability to access the service.

≤ 30 minutes Incident/ticket timestamps

SLA-7 Critical Incident Restoration/Workaround

Restore service or provide an acceptable workaround for a Severity 1 incident.

≤ 4 hours target Incident records /

RCA

SLA-8 Monthly Reporting Provide complete monthly service and usage report.

By 10th business day of following month

Report receipt date

SLA-9 Transit-Use Audit Complete agreed quarterly review of transit vs. non-transit usage and identify exceptions.

100% monthly Usage/audit report

SLA-10 Accessibility & Security Maintain required accessibility documentation and compliance with applicable MBTA security requirements.

100% ACR/VPAT, security documentation, audit evidence

K. Key Performance Indicators (KPIs)

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Revision: 8/17/2026

KPIs will be used to monitor service quality, rider experience, operational effectiveness and contract performance. Unless otherwise stated as an SLA, KPI targets are management targets and may be refined during implementation based on validated baseline usage.

ID KPI Measurement Target Frequency

KPI-1 Average Connection Time

Average seconds to connect to a live agent

≤ 60 sec Monthly

KPI-2 Calls Connected Within 60 Seconds

% of valid calls connected within one minute

≥ 90% Monthly

KPI-3 Call Answer/Completion Rate

% of valid initiated calls answered and completed without platform failure

≥ 95% proposed Monthly

KPI-4 Service Availability Platform/live-agent service availability

≥ 99.5% Monthly

KPI-5 Abandoned Calls % of valid calls ended before agent connection

≤ 5% proposed Monthly

KPI-6 Transit-Related Usage

% of MBTA-funded calls categorized as transit-related

≥ 95% proposed Monthly

KPI-7 Agent Training Compliance

% of applicable agents with required training current

100% Monthly/Quarterly

KPI-8 English/Spanish Availability

Required language coverage

100% Monthly

KPI-9 Rider Success Rate % of surveyed/recorded interactions resulting in successful requested assistance

≥ 90% proposed Monthly

KPI-10 Customer Satisfaction Average satisfaction score or equivalent vendor measure

≥ 4.0/5 proposed Quarterly

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Revision: 8/17/2026

KPI-11 Critical Incident Response

% of Severity 1 incidents acknowledged within SLA

100% Monthly

KPI-12 Monthly Report Timeliness

% of reports delivered by required date

100% Monthly

KPI-13 Reporting Accuracy % of sampled usage/invoice records accurately supported by system data

≥ 98% proposed Monthly/Quarterly

KPI-14 Corrective Action Closure

% of agreed corrective actions closed by due date

≥ 95% proposed Monthly

10. Performance Review and Corrective Action

The Contractor shall review SLA and KPI performance with the MBTA at least monthly during the initial implementation/stabilization period and thereafter at a frequency agreed by the MBTA.

Any missed SLA shall be identified in the monthly report with cause, duration, rider/service impact, corrective action and expected completion date.

For recurring or material failures, the MBTA may require a formal Corrective Action Plan (CAP) identifying root cause, corrective/preventive actions, responsible party and completion dates.

Repeated SLA failures may be subject to contractual remedies or service credits established in the final agreement.

L. Implementation Deliverables

Deliverable Description Timing

Implementation Plan Schedule, milestones, roles, dependencies, configuration, training, testing and go-live plan.

Contractor-proposed; MBTA approval required

Station/Service Configuration Final covered network, access/call-routing configuration and transit-use controls.

Before testing

Agent Training Plan & Records Vendor training, MBTA-specific training, competency/refresher approach and completion evidence.

Before go-live; maintained thereafter

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Revision: 8/17/2026

Functional Test Plan Methodology for representative call routing and performance validation.

Before field testing

Testing/QA Report Results, defects, limitations, corrective actions and readiness recommendation.

Before go-live

Reporting & KPI Configuration Dashboard/reports, data definitions, KPI calculations, exports and monthly audit process.

Before go-live

Go-Live Readiness Package Confirmation that configuration, training, testing, security/accessibility reviews and support contacts are complete.

Before production launch

Monthly Performance Report Usage, SLA/KPI performance, incidents, transit-use review, invoice support and corrective actions.

Monthly

M. MBTA Responsibilities

Identify participating stations/service boundaries and provide relevant station and accessibility information.

Provide MBTA-specific policies, protocols and subject-matter input needed for agent training.

Coordinate access for agreed station testing and identify representative routes/paths and known cellular coverage concerns.

Participate in accessibility, information-security, implementation, testing and go-live reviews.

Review monthly usage, SLA/KPI and invoice-support reporting and coordinate corrective actions or program changes.

Describe how pricing would scale if the MBTA expands service to riders accessing 143 commuter rail stations

N. Acceptance

Production go-live shall require MBTA approval following completion of agreed configuration, training, testing, accessibility and information-security reviews, reporting setup and resolution or documented acceptance of material open issues. Ongoing acceptance will be based on continued compliance with the contract, SLAs, reporting requirements and approved corrective actions.

2.2 Expected Contract Duration

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Revision: 8/17/2026

The anticipated initial term is three (3) years, with two (2) optional two-year extension periods exercisable at the MBTA's discretion.

2.3 Additional Services

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

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

The MBTA reserves the right to hold one or more Bidders’ conferences with all Bidders at any time prior to the Response Date. Bidders’ conferences may be held either in person or by telephonic or electronic means. If held telephonically or electronically, the Bidders’ conference will permit interactive communication between all Bidders and the MBTA. The MBTA will provide notice of any Bidders’ conference via COMMBUYS. If a Bidders’ conference is conducted by telephonic or electronic means, the notice will inform Bidders of the manner of the meeting.

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

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

3.2 Procurement Method

This RFP is issued pursuant to the following laws and regulations: Mass. Gen Laws, Ch. 161A; 801

CMR 21.00.

Bidder shall be responsible for making itself fully aware of, complying with, and in its Response 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.

RFP: 142-26 - 13 - COMMBUYS #: BD- 27-1206-MBTA-MBTA-134558

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

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

3.2.1 MBTA DESIGNATED REPRESENTATIVE

Unless specifically stated otherwise in this RFP, Bidder must submit changes to Bidder’s designated representative and any other communications in to the MBTA’s Point of Contact via COMMBUYS. The MBTA’s Point of Contact is Mellissa O’Connor, moconnor2@mbta.com.

3.2.2 IDENTIFICATION OF BIDDER DESIGNATED REPRESENTATIVE

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

3.3 RFP Calendar and Delivery Instructions

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

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

TABLE: RFP CALENDAR

Procurement Activity Date Time

RFP issued 10/16/2026 Pre-bid conference 10/22/2026 11:00 a.m.

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

COMMBUYS Q&A

11/3/2026 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

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

Response Due Date 11/20/2026 2:00 p.m.

In-person or virtual presentations at MBTA (estimated) Dec 2026 Contract Execution (estimated) Jan 2027 Service Start Date (estimated) Jan 2027

3.4 Pre-Bid Conference

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

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/2686561122444683?p=qA4VwL7gMZOkP3TUo0

Meeting ID: 268 656 112 244 468 3

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Passcode: cC79Bt6d

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

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

3.5 Dissemination of Confidential Information

Pursuant to this RFP, the MBTA will provide to Bidders certain information, which the MBTA deems Confidential (“Confidential information"). In order to obtain the Confidential Information necessary to the development of Responses, Bidders are required to obtain and execute a Confidentiality and Non- Disclosures Agreement. Bidders can obtain the Confidentiality and Non-Disclosure Agreement via COMMBUYS. Please execute and return the Confidentiality and Non-Disclosure Agreement by Click here to enter a date. to the MBTA's Designated Representative by submitting it to confidential@mbta.com, so that the MBTA can provide Bidders with the Confidential Information in a timely manner.

3.6 Examination of RFP

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

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

3.7 Rules of Contact

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

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

The specific rules of contact are as follows:

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

ii. No Bidder or representative thereof shall have any ex parte communications regarding the RFP, the Contract, or the procurement described herein with any member of the MBTA’s Board of Directors, the Massachusetts Department of Transportation (“MassDOT”) Board of Directors, or with any MassDOT or MBTA staff, advisors, contractors, or consultants involved with the

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Revision: 8/17/2026 procurement, except for communications expressly permitted by the RFP or except as approved in advance at the MBTA’s Point of Contact’s sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFP, Contract, or procurement or from participation in public meetings of the MBTA or MassDOT Boards of Directors or any public or Bidder workshop related to this RFP.

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

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

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

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

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

3.8 Clarifications of Specifications, Questions and Answers

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

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

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

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

3.9 RFP Addendum

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

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

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

3.10 MBTA Standard Contract and Terms & Conditions

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

3.11 Confidentiality / Public Information Act Disclosure Requests

3.11.1 Disclosure Waiver

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

3.11.2 Public Disclosure of Response Documents

Subject to applicable law, after execution of the Contract, or in the event that the procurement is cancelled by the MBTA, the MBTA shall have the right to publicly disclose any and all portions of all Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 3.11.3, unless otherwise required by law.

3.11.3 Disclosure Process for Requests Under the Public Records Law

All written correspondence, exhibits, reports, printed material, photographs, tapes, electronic disks, and other graphic and visual aids submitted to the MBTA during this procurement process, including as part of the response to this RFP, become the property of the MBTA upon their receipt by the MBTA and will not be returned to the submitting parties. Except as provided by applicable law, all materials submitted to the MBTA are subject to release as public records. Bidders shall familiarize themselves with the provisions of applicable law (including the Public Records Law) pertaining to disclosure of information in the MBTA’s possession. In no event shall the MBTA, or any of its agents, representatives, consultants, directors, officers, or employees, be liable to a Bidder or Bidder team member for the disclosure of all or a portion of a Response or related information submitted during this procurement.

If a Bidder has special concerns about information which it desires to make available to the MBTA but which it believes constitutes a trade secret, proprietary information, or other information excepted from disclosure, such responding Bidder shall specifically and conspicuously designate that information by placing “TRADE SECRET - PROPRIETARY” in the header or footer of each such page affected and by identifying such trade secret, proprietary information in the Technical Proposal Cover Letter (see

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Enclosure 1). Nothing contained in this provision shall modify or amend requirements and obligations imposed on the MBTA by the Public Records Law or other applicable law. The provisions applicable law, including the Public Records Law, shall control in the event of a conflict between the procedures described above and the applicable law.

If the MBTA receives a request for public disclosure of all or any portion of a Response or its related information that is designated as ”Trade Secret - Proprietary,” the MBTA will endeavor to use reasonable efforts to notify the applicable Bidder of the request. The Bidder can assert, in writing and at its sole expense, a claimed exception under the Public Records Law or other applicable law, within the time period specified in the notice issued by the MBTA and allowed under the Public Records Law. The Bidder can choose to defend any action seeking release of the records it believes to be confidential information.

The Bidder shall indemnify, defend, and hold harmless the MBTA and its agents and employees in connection with the Bidder’s opposition to a public records request, and such indemnification shall include all damages, costs and expenses (including reasonable attorney’s fees) the MBTA incurs because of or arising out of the Bidder’s opposition to any public records request. This indemnification survives the MBTA’s cancellation or termination of this procurement or award and subsequent execution of a Contract. In submitting a Response, the Bidder agrees that this indemnification survives as long as any information submitted by the Bidder is in the possession of the MBTA.

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

3.12 Business Conduct

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

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

a) any person employed or representing the MBTA;

b) any other person, including any public official;

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

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

3.13 Collusion

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

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3.14 Prices

Each Bid must contain the unit price(s) / rate(s) or lump sum price, extended price(s), and the grand total of the Bid. Bidders shall submit their pricing using Form D: Requested RFP Pricing Form. The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period.

3.15 Acceptance Period

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

3.16 Eligible Entities

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

3.17 Pre-Contractual Expenses

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

3.18 Tax Exemption

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

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

3.19 Insurance

The insurance policies that the successful bidder shall carry are outlined in the attached Minimum Insurance Requirements document with this solicitation. The successful bidder shall submit proof of insurance for the requirements detailed at the time of submitting their bid. If proof of insurance is not available at the time the Bidder submits its Bid, the successful bidder certifies that it will carry such insurance policies and all costs associated with the insurance requirements are included in its Bid pricing.

The successful bidder shall provide proof of all required insurance within three business days of conditional notice of award.

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

Responses shall be submitted via COMMBUYS.

Each Response shall be submitted in the following two parts:

a) Technical Response including:

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Bid Cover Letter

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

Form A: Pre-Award Bidder Evaluation Data Form

Form B: Technical Response

Form C: Small Business Program Attestation Form

Proof of Insurance

Other items as applicable

b) Price Response as a separate document, including:

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

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

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

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

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

Bidder Financials shall be included in Technical Proposal only.

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

4.2 Power of Attorney

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

4.3 Acceptance of Response

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

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

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5.1 Small, Minority, Women, and Other Disadvantaged Businesses

It is the policy of the Commonwealth and the MBTA to ensure non-discrimination in the Procurement of goods and services by continually modernizing systems and processes to include diversity criteria within state-funded RFPs greater than $250k. All awarded prime vendors that commit to partnerships with diverse subcontractors will be responsible for using B2Gnow, an online contract compliance system, to confirm payments and report payments to subcontractors. An account will be created for all first-time users.

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

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

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

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

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

6.2 Responsiveness Review and Basis of Award

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

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

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

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

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

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

6.3 Evaluation and Notification

The MBTA will evaluate each Response and seek clarifications as necessary through requests for clarification or in meetings to be arranged at MBTA discretion. The MBTA will evaluate Responses based on a combination of Pass/Fail Criteria, Technical Evaluation Criteria, and Price Responses.

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

6.4 Pass/Fail Evaluation

The Proposal will be evaluated based on the Pass/Fail Evaluation Criteria identified below. Each Bidder must obtain a “pass” on all Pass/Fail Evaluation Criteria in order for its Response to be eligible for selection. The MBTA may request Bidder clarification on a Pass/Fail Evaluation Criteria, after which MBTA may re-evaluate the Response, at MBTA’s sole discretion.

Criteria Evaluation Methodology

Evaluation Basis

Legal Pass/Fail Form A response

Financial Stability Pass/Fail Form A response

6.5 Technical Response and Supplier Diversity Evaluation Criteria

Each criterion will be evaluated considering…