RFP 15KV Circuit Breaker Replacement 09.02.2020.pdf

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MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 115C-20

15KV CIRCUIT BREAKER REPLACEMENT

Date Issued: September 2, 2020

RFP: 115C-20 - 1 - Rev: 03/11/2020 Project Name: 15KV circuit breaker replacement

COMMBUYS Bid BD-20-1206-40000-40000- 54330

Contents

1. INTRODUCTION

2. SCOPE OF WORK

2.1 General

2.2 Locations and Breaker Quantity

2.3 Specification attached in COMMBUYS

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bid Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

3.4 Dissemination of Confidential Information

3.5 Examination of RFP

3.6 Rules of Contact

3.7 Clarifications of Specifications, Questions and Answers

3.8 RFP Addendum

3.9 MBTA Standard Contract and Terms & Conditions

3.10 Confidentiality / Public Information Act Disclosure Requests

3.11 Business Conduct

3.12 Collusion

3.13 Prices

3.14 Acceptance Period

3.15 Pre-Contractual Expenses

3.16 Tax Exemption

3.17 Insurance

4. SUBMISSION RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

4.4 Validity of Response

4.5 Incomplete Response

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

RFP: 115C-20 - 2 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

6.2 Responsiveness Review and Basis of Award

6.3 Scope of Proposal

6.4 Rejection of Bid

6.5 Successful Bidder

6.6 MBTA Reserved

6.7 Appeal / Protest Procedures

7. CONTRACT STRUCTURE

Enclosure 1 – Bid Cover Letter

Form A: Authorized Signatory

Form B: Pre-Award Bidder Evaluation Data Form

Form C: Requested RFP Pricing Form

Form D: DBE Letter of Intent –Not Applicable

Form E: Schedule of Participation by Disadvantaged Business Enterprises – Not Applicable .. 21

Form H: BUY AMERICA Certification Form – Not Applicable

Form I: Affidavit of Subcontractor Payment – Not Applicable

8. MBTA STANDARD CONTRACT AND TERMS AND CONDITIONS INSTRUCTIONS FOR

VENDORS

8.1 MBTA Standard Contract Instructions (Section 9)

8.2 MBTA Standard Terms & Conditions Instructions (Sections 9.1 – 9.4)

9. Massachusetts Bay Transportation Authority Standard Contract

9.1 Standard Terms and Conditions

9.2 Supplemental Provisions for Contracts for Construction, Alteration, Remodeling or

Repair

9.3 Terms & Conditions Signature

10. Exhibits

10.1 Insurance Requirements

10.2 Prevailing Wage Data

Attn: Bidder/s

Request for Proposals (RFP) # 115C-20

RFP Description: 115-20, 15KV Circuit Breaker Replacement

RFP: 115C-20 - 3 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

Dear Madam/Sir, The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuit to Mass. Gen. Laws, ch 161A (as amended) invites Bidders to participate in the competitive bid for Circuit Breaker Replacement. The

Scope of Work is outlined below in Section 2.1. The MBTA may at its own discretion award the contracts (s) to one or multiple Bidders. All formal communication with the MBTA during the bidding period shall be only through the designated point of contact.

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

John de Lalla

Massachusetts Bay Transportation Authority

10 Park Plaza, Room 2810

Boston, MA 02116

Email: jdelalla@mbta.com

The RFP shall launch through the COMMBUYS website. Bidder is required to prepare and submit all required documents to MBTA electronically via COMMBUYS in full compliance with this RFP including but not limited to Section A, General Instructions to Bidders. Bids opened via COMMBUYS for this procurement. This RFP shall remain in force until the execution of the Contract, or until modified or cancelled by the MBTA. Response is due in COMMBUYS September 23, 2020, 2:00 PM.

Respectfully, John de Lalla

John de Lalla

Massachusetts Bay Transportation Authority

RFP # 115C-20

RFP: 115C-20 - 4 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

1. INTRODUCTION

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks purchase and installation of Forty-nine (49), 15KV circuit breaker replacements at multiple MBTA locations.

2. SCOPE OF WORK

2.1 General

This specification covers the design, testing and manufacturing requirements for forty nine

(49) replacement medium voltage vacuum circuit breakers. The circuit breakers shall be mechanical and electrical replacements for Federal Pacific DST-II-500 MVA air circuit breakers. The replacement vacuum circuit breakers shall be interchangeable between different types of cells of the same voltage, MVA and ampere class without cell modifications except as noted. It is recognized that there is no “exact replacement” for any type circuit breaker except for a duplicate of the original. However, fit and function are to be maintained and only minor reversible cell modifications are allowed.

2.2 Locations and Breaker Quantity

Quantity Station Address

7 Columbia Old Colony Ave-JFK Pass. Station/ Dorchester

9 High Street 45 High Street / Boston

10 Cabot Foundry Street / Boston

8 Reservoir Strathmore Road / Brookline

8 Riverside Grove Street / Newton

7 Wonderland 1300 North Shore / Revere

2.3 Specification attached in COMMBUYS

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bid Conference

Pre-bid site visit date: September 9, 2020, 9:00 AM, Wonderland, 1380 North Shore Road in Revere. The

MBTA reserves the right to hold one or more Bidders’ conferences with all Bidders at any time prior to the

Response Date. Bidders’ conferences may be held either in person or by telephonic or electronic means.

If held telephonically or electronically, the Bidders’ conference will permit interactive communication between all Bidders and the MBTA. The MBTA will provide written notice of any Bidders’ conference via 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.

RFP: 115C-20 - 5 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

3.2 Procurement Method

This procurement is conducted to pursuant to applicable state and federal laws including, but not limited to, Massachusetts General Laws c. 30 section 39M (public works contracts for construction, alteration, remodeling or repair).

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 reference material on the website and at 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 staffed from 8:00 a.m. to 5:00 p.m. Monday through Friday (Eastern Time), except on federal, state, and Suffolk county holidays

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 writing to the MBTA’s Designated Representative. The

Designated Representative is John de Lalla, jdelalla@mbta.com.

3.2.2 INDENTIFICATION OF BIDDER DESIGNATED REPRESENTATIVE

When submitting a Bid, the Bidder must identify to the MBTA’s designated representative its own

Designated Representative to act on behalf of the Bidder relating to this procurement.

3.3 RFP Calendar and Delivery Instructions

Bidder is required to prepare and submit all required documents in COMMBUYS Bid BD-21-1206-40000-

40000-54330 with RFP# 115-20 Circuit Breaker Replacement - Open Date: 09/23/2020.

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.

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

RFP: 115C-20 - 6 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

TABLE 2-1: RFP CALENDAR 15KV circuit breaker replacement

Procurement Activity Date Time

RFP issued 9/2/2020 5:00 p.m.

Pre-bid conference - Site Visit, Wonderland, 1380 North

Shore Road in Revere, PPE, Face mask, social distance required

9/9/2020

9:00 a.m.

Deadline for submission of Proposer questions to

COMMBUYS

9/15/2020 2:00 p.m.

Official Answers for Bid Q&A published on COMMBUYS 9/17/2020 2:00 p.m.

Response Due Date

Opened in COMMBUYS, Initial bid opening summary to be posted.

9/23/2020

2:00 p.m.

Contract Execution (estimated) 9/30/2020

Service Start Date (estimated) 10/7/2020

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

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

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.

mailto:rfpresponse@mbta.com

RFP: 115C-20 - 7 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

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 Fiscal and

Management Control Board (“FMCB”), the Massachusetts Department of Transportation

(“MassDOT”) Board of Directors, or with any MassDOT or MBTA staff, advisors, contractors, or consultants involved with the procurement, except for communications expressly permitted by the

RFP or except as approved in advance at the MBTA’s Designated Representative’s sole discretion.

The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFP, Contract, or procurement or from participation in public meetings of the MBTA FMCB or MassDOT Board of Directors or any public or Bidder workshop related to this RFP.

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 Designated

Representative via COMMBUYS.

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

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.

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by Bidder in COMMBUYS. 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

Designated Representative via 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.

Should the MBTA make changes to any specification, stipulation, requirement, or procedure, notification will be made to all Bidders in the form of written Addenda. No officer, agent, or employee of the MBTA is authorized to amend any provision contained in this solicitation, including the specifications, unless such amendment is issued as an Addendum and sent to all Bidders. If this solicitation is modified by an amendment, then all terms and conditions that are not modified remain unchanged.

3.8 RFP Addendum

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

The MBTA will not be bound by, and Bidders should not rely on, any oral communications regarding the

RFP. Use of any information gathered or received from other agencies or entities shall be at the Bidder’s own risk. Only information verified in writing by the MBTA will be considered reliable.

It is each Bidder’s responsibility to check 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

RFP: 115C-20 - 8 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330 accommodation to Bidders who submit their Response based on an out-of-date RFP or on information received from a source other than the COMMBUYS.

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

3.9 MBTA Standard Contract and Terms & Conditions

The MBTA does not encourage attempts to negotiate the Section 9.0 Massachusetts Bay

Transportation Authority Standard Contract Terms & Conditions. 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

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

3.10.3 Disclosure Process for Requests Under the Public Records Law

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

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

Enclosure 1). Nothing contained in this provision shall modify or amend requirements and obligations imposed on the MBTA by the Public Records Law or other applicable law. The provisions of the Public

Records Law or other laws shall control in the event of a conflict between the procedures described above and the applicable law.

RFP: 115C-20 - 9 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

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

Bidder shall indemnify, defend, and hold harmless the MBTA and its agents and employees from any judgments awarded against the MBTA and its agents and employees in favor of the party requesting the records, including any and all costs connected with that defense. This indemnification survives the

MBTA’s cancellation or termination of this procurement or award and subsequent execution of a Contract.

In submitting a Response, the Bidder agrees that this indemnification survives as long as the trade secret, proprietary information is in the possession of the MBTA.

The MBTA shall not under any circumstance be responsible for securing a protective order or other relief enjoining the release of information marked “trade secret – proprietary” in any Response, nor shall the

MBTA be in any way financially responsible for any costs associated with securing any such order or for any loss associated with the release of information marked “trade secret – proprietary” or otherwise.

3.11 Business Conduct

All Responses submitted by a Bidder to the MBTA shall be made without collusion with any other

Bidder(s) submitting a Response to this RFP.

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

a) any person employed or representing the MBTA;

b) any other person, including any public official;

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

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

Bidder or the MBTA, or (iii) inducing or influencing a public official to use his or her influence with any governmental authority or public international organization for any such purpose.

3.12 Collusion

The Bidder understands that any Bid submitted to the MBTA is made without collusion with any other

Bidder submitting a Bid on the same commodity / service, and is in all respects fair and without fraud.

3.13 Prices

Each Bid must contain the lump sum price, extended price(s), and the grand total of the Bid. Bidders shall submit their pricing using Form C: 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.

3.14 Acceptance Period

The Authority requires a minimum Acceptance Period of at least one hundred and eighty (180) calendar days. In case the MBTA requires an extension, the MBTA will notify all Bidders accordingly. “Acceptance

Period” for purposes of this solicitation means the number of calendar days available to the MBTA for

RFP: 115C-20 - 10 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330 awarding a contract based on the Due Date specified in this solicitation for receipt of Bids.

3.15 Pre-Contractual Expenses

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

3.16 Tax Exemption

The MBTA is exempt from Federal Excise Tax, including Transportation Tax, and will furnish properly executed tax exemption certificates upon request. The MBTA is also exempt from Massachusetts State

Sales Tax — Exemption Number E-042-323-989. Such taxes should not be included in Bid prices.

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

3.17 Insurance

The insurance policies that the successful bidder shall carry are outlined in the attached MBTA

Minimum Insurance Requirements document with this solicitation, Exhibit 10.1. The successful bidder shall submit proof of insurance for the requirements detailed at the time of submitting their bid. If in the case they are not available at the time of preparing their Bid, the successful bidder certifies that they will carry such insurance policies and all costs resulting from this are included in their pricing. The successful bidder shall provide proof of insurance within three business days of conditional notice of award.

4. SUBMISSION RESPONSE

4.1 Response Submissions

Bids will be opened on COMMBUYS: September 23, 2020 at 2:00 PM, EST / EDT, for the work described herein at the address below.

Bidders are required to submit a Bid including all Bid forms contained in this package. Do not remove pages. Bidders shall complete the Enclosure 1 – Bid Cover Letter and complete the check boxes to indicate the bid documents that constitute their bid. The Bid Cover Letter should be placed on the top of all bid documents when submitted to the MBTA.

All Bid Deposit checks must be labeled and mailed to:

Attention: MBTA Procurement & Logistics, John de Lalla

RFP # 106F-20

Open Date: September 23, 2020

10 Park Plaza, Suite 2810

Boston, MA 02116

(or a copy of a bond deposit submitted in COMMBUYS)

Note: Bid packages that are received that do not follow instructions above may be disqualified. Please do not write anything additional on the package.

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

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

RFP: 115C-20 - 11 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

Authorized Signatories.

Bidders shall submit Responses including all forms and schedules and shall not remove pages from the provided forms.

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 complete Form A: Authorized Signatory or may 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 perform the Scope of Work on the terms of the

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

4.4 Validity of Response

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

4.5 Incomplete Response

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

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

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

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

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

6.2 Responsiveness Review and Basis of Award

Award will be made to the lowest priced responsive Bid and responsible Bidder. The MBTA reserves the

RFP: 115C-20 - 12 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330 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, specific minimum requirements detailed in the RFP (if any), and financial and technical resources. Bidder is required to complete Form A: Pre-Award Bidder Evaluation Data Form.

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

6.3 Scope of Proposal

Pursuant to this Request for Proposals (“RFP”), Bidders and Bids are required to comply with the terms and conditions stated herein in order to be deemed responsive and responsible. If a Bid does not meet all of the requirements listed in the solicitation, the Bidder’s proposal may be disqualified. Failure by the Bidder to examine all information pertaining to this solicitation or participate in any scheduled on-site visits will be at the Bidder’s risk.

6.4 Rejection of Bid

The MBTA reserves the right to reject any and all Bids, in whole or in part, if such action is determined to be in the best interests of the Authority. Unless all Bids are rejected, award shall be made to the lowest priced responsive Bid and responsible Bidder.

6.5 Successful Bidder

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

6.6 MBTA Reserved

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

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

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

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

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

e) Not select any Bidder or cancel this procurement.

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

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

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h) Terminate evaluations of Responses received at any time.

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

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

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

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

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

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

Bidder facilities.

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

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

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

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

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

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

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

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

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

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

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

In no event shall the MBTA be bound by, or liable for, any obligations with respect to the work to be performed under the Contract until such time (if at all) as the Contract, in form and substance satisfactory to the MBTA, has been executed and authorized by the MBTA and, then, only to the extent set forth therein;

provided, however, that the foregoing disclaimer in this sentence shall not apply to the obligations of the

MBTA to the Bidders during the procurement process, which obligations are expressly set forth in this RFP.

In submitting a Response to the RFP, each Bidder is specifically acknowledging these disclaimers.

RFP: 115C-20 - 14 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

6.7 Appeal / Protest Procedures

Bid appeals / protests relative to this procurement will be reviewed and adjudicated in accordance with the

MBTA's Appeals / Protest Procedure - Goods & Services. A copy of this procedure is available by contacting the Buyer assigned to this procurement and available online at www.mbta.com.

7. CONTRACT STRUCTURE

The contract (“Contract”) between the MBTA and the winning Bidder shall be formed by the following sections (“Sections”) of RFP # 115C-20 in order of precedence.

A. Any change orders or amendments, the most recent having precedence

B. Memorandum of Contract

C. Standard Contract and Terms & Conditions

D. Scope of Work

E. Insurance Requirements

F. Contractor Proposal

G. Contractor Fee for Service; Pricing & Invoicing https://cdn.mbta.com/sites/default/files/business-center/mbta-appeals-protest-procedures-january-2018.pdf

RFP: 115C-20 - 15 - Rev: 03/11/2020

Enclosure 1 – Bid Cover Letter

Massachusetts Bay Transportation Authority

Attention: Procurement and Logistics Department

10 Park Plaza, Suite 2810

Boston, MA 02116

Instructions: Bidders shall complete the Bid Cover Letter below with their company name, total bid amount, and completed check boxes to indicate the bid documents that constitute their bid. The Bid Cover

Letter should be placed on the top of all bid documents when submitted to the MBTA.

RFP #: 115C-20

Project Name: 15KV Circuit Breaker Replacement

Bidder (Company Name):

Total Bid Amount:

The undersigned Bidder having carefully examined and understood the documents included in the Request for Proposals (“RFP”), hereby offers to MBTA the “Bid” as contained in the following responses enclosed with this letter:

Forms

Check to

Indicate

Submitted Bid

Documents

Form A: Authorized Signatory ☐

Form B: Pre-Award Bidder Evaluation Form ☐

Form C: Pricing Form ☐

Signed Section 9.4 Massachusetts Bay Transportation Authority

Standard Terms and Conditions ☐

Bond Requirements

Bid Deposit : (5%)

Performance Bond: (100%), Letter from Surety th at bonding is obtainable.

Payment Bond: (50%), Letter from Surety that bonding is obtainable.

Proof of Insurance , MBTA named as addit ionally insured ☐

The undersigned, identified as Bidder, declares that Bidder has carefully reviewed and examined the contents of this Request for Proposal and all attached documents.

RFP: 115C-20 - 16 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

After review of all RFP and RFP attachments and attesting to understanding and acceptance of same, the undersigned Bidder proposes to furnish all necessary labor, materials, equipment, machinery and tools required to complete the Work as described and specified in the Contract Documents.

This proposal includes a Bid Deposit in the form of: (1) a bid bond or (2) a certified check on, or a treasurer’s or cashier’s check issued by, a responsible bank or trust company, payable to Massachusetts Bay

Transportation Authority, in the amount of 5% of the Total Amount of Bid identified herein.

In submitting this Bid, Bidder represents that:

1. Bidder has examined copies of all the Contract Documents, including any Addenda thereto.

2. Bidder has examined the legal requirements (federal, stated, and local laws, ordinances, rules, and regulations) and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary to complete this Bid and carry out the Work in accordance therewith.

The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned further agrees to perform the Work in its entirety in accordance with the Contract

Documents within the prescribed time, and to the total and complete satisfaction of the Massachusetts Bay

Transportation Authority and in accordance with pricing response submitted.

Bidder (company name):

Authorized Representative Name:

(BLOCK LETTERS)

Authorized Representative’s Signature:

Tit le:

Date:

RFP: 115C-20 - 17 - Rev: 03/11/2020

Form A: Authorized Signatory

Vote of Corporation or LLC, Authorized Signatory

At a meeting of the Board of Directors of _____________________________, held on the _______ day of

___________, 20____, at which all the Directors were present or waived notice, it was VOTED, that, __________________________________, who is the duly elected _____________________________ of this company be and hereby is authorized to execute contracts, bonds and other instruments in the name of and behalf of said company and affix its corporate seal thereto; and such execution by said ___________________________ of any contract or other instrument or obligation in this company’s name and on its behalf by such

__________________________ of the company under seal, shall be valid and binding upon this company.

A True Copy Attest:

Clerk: _____________________________________

I, ________________________, hereby certify that I am the Clerk of __________________ and that

__________________________ is duly elected __________________ of said company, and that the above vote has not been amended or rescinded and remains in full force and effect as of this date.

[Name of Company]

[Name of Officer] [Title of Officer]

[Name of Officer]

[Title of Officer]

[Signature]

[Print Name and Title]

[Business Address]

[Date]

[Name of Clerk] [Name of Company]

[Name of Officer] [Title of Officer]

Clerk [Corporate Seal]

RFP: 115C-20 - 18 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

Form B: Pre-Award Bidder Evaluation Data Form

Pre-Award Bidder Evaluation Data

Name of Firm:

Federal Identification Number:

Legal Address:

Contact Name:

Telephone Number:

Email:

Please select one:

☐ Individual ☐ Partnership ☐ Corporation ☐ Joint Venture

Date Organized: State Incorporated:

Names of Officers or Partners:

Please provide details of any litigation, suits, or court action taken or pending against Bidder below:

Please provide the following information that demonstrates that the Bidder together with its selected Affiliates and or Subcontractors has the required capabilities to successfully execute the Work. Please submit as attachments the following requested documents:

Check

Attachment

Articles of Incorporation or LLC ☐

Audited financial statements for the last 3 financial years, awarded contractor ☐

Attach, if applicable, a list of similar current contracts that demonstrates your technical proficiency, each with contract value amount, name of contracting party, type of work completed, and percentage of work complete to date.

Attach, if applicable, a list of all principal subcontractors and the percentage and nature and value of work each will perform on this project. Principal items of work shall include, but not be limited to, those listed in the solicitation.

RFP: 115C-20 - 19 - Rev: 03/11/2020

Please provide answers to the following questions:

Check

Answer

Do you have any outstanding indebtedness or unsecured loans or debts or trading losses not reported within the financial reports?

Yes ☐

No ☐

Do you have any contracts over the last two years that were assessed liquidated damages or termination for non-performance?

Yes ☐

No ☐

If the Bidder or subcontractor is a joint venture, submit this Pre-Award Bidder Evaluation Data form for each member of the joint venture.

RFP: 115C-20 - 20 - Rev: 03/11/2020

Form C: Requested RFP Pricing Form

Line # A B C = A + B + C

Location Breaker

Qty.

LABOR

EQUIPMENT &

MATERIAL

GENERAL

CONDITIONS,

OVERHEAD &

PROFIT

TOTAL COST

1 Columbia Old Colony Ave-JFK Pass. Station/ Dorchester 7 $ $ $ $

2 High Street 45 High Street / Boston 9 $ $ $ $

3 Cabot Foundry Street / Boston 10 $ $ $ $

4 Reservoir Strathmore Road / Brookline 8 $ $ $ $

5 Riverside Grove Street / Newton 8 $ $ $ $

6 Wonderland 1300 North Shore / Revere 7 $ $ $ $

7 %

8 $

Work Days and Work Hours: M-F, 6:00 AM – 2:00 PM.

Prices listed are to be lump sum prices and include all work to replace circuit breakers, includes permits, demolition, cleaning, testing, certification, or other ancillary costs. The Authority shall have the sole discretion in procuring or implementing any portion of these items.

Four (4) working days a site after receipt of all material.

Payment per site:

Substantial completion: 90%

Final Acceptance: 100%

Bidders are required to quote lump sums. The quoted prices shall be inclusive of ancillary charges including but not limited to prevailing wages, tooling, equipment, transportation costs, customs, duty charges, and other associated charges. Bidders shall quote only on goods and services in strict accordance with the specifcation.

Form C: Requested RFP Pricing Form - RFP # 115-20, 15kV circuit breaker replacement

Vendor Name:

Proposed prepayment percentage for equipment & material

(cannot exceed 15% of equipment & material per-site)

BASIS of AWARD - TOTAL BID AMOUNT (lines 1-6)

RFP: 115C-20 - 21 - Rev: 03/11/2020

Form D: DBE Letter of Intent –Not Applicable

Form E: Schedule of Participation by Disadvantaged Business Enterprises –

Not Applicable

Form H: BUY AMERICA Certification Form – Not Applicable

Form I: Affidavit of Subcontractor Payment – Not Applicable

8. MBTA STANDARD CONTRACT AND TERMS AND CONDITIONS INSTRUCTIONS

FOR VENDORS

8.1 MBTA Standard Contract Instructions (Section 9)

Bidders Do Not sign the following page (Section 9 Massachusetts Bay Transportation Authority Standard

Contract) upon submission of their bid. When the MBTA plans to award contract, the MBTA buyer will fill out Section 9 Massachusetts Bay Transportation Authority Standard Contract and send it to the successful bidder for signature.

8.2 MBTA Standard Terms & Conditions Instructions (Sections 9.1 – 9.3)

Bidder shall review and sign the signature block at the end of Sections 9.1 – 9.3 MBTA Standard

Terms and Conditions to submit with their bid.

Each bidder must review and sign Massachusetts Bay Transportation Authority Standard Terms and

Conditions and submit the signed Section 9.4 with their bid for the bid to be responsive and complete.

The MBTA does not encourage attempts to negotiate the 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.

RFP: 115C-20 - 22 - Rev: 03/11/2020

COMMBUYS Bid BD-20-1206-40000-40000- 54330

9. Massachusetts Bay Transportation Authority Standard Contract

CONTRACTOR LEGAL NAME:

(and d/b/a):

Massachusetts Bay Transportation Authority (MBTA)

Legal Address: (W-9, W-4,T&C): 10 Park Plaza Boston, MA 02116

Contract Manager: Billing Address (if different):

E-Mail: Contract Manager: name

Phone: Fax: Email: name@MBTA.COM

Contractor Vendor Code: Phone: 617-222-xxxx

Vendor Code Address ID (e.g. “AD001”): AD.

(Note: The Address Id Must be set up for EFT payments.)

RFR/RFP/IFB/Procurement or Other ID Number: ##

NEW CONTRACT

PROCUREMENT OR EXCEPTION TYPE: (Check one option only)

☐ Statewide Contract (OSD or an OSD-designated Department)

☐ Collective Purchase (Attach OSD approval, scope, budget)

☒ MBTA Procurement Attach RFR/RFP/IFB and Response or other procurement supporting documentation) ☐ Emergency Contract (Attach justification for emergency, scope, budget)

☐ Contract Employee (Attach Employment Status Form, scope, budget)

☐ Legislative/Legal or Other: (Attach authorizing language/justification, scope and budget)

CONTRACT AMENDMENT

Enter Current Contract End Date Prior to Amendment: _______, 20 .

Enter Amendment Amount: $ . (or “no change”)

AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.)

☐ Amendment to Scope or Budget (Attach updated scope and budget)

Interim Contract (Attach justification for Interim Contract and updated scope/budget)

☐ Contract Employee (Attach any updates to scope or budget)

☐ Legislative/Legal or Other: (Attach authorizing language/justification and updated scope and budget)

The MBTA Terms and Conditions (T&C) have been executed, and are incorporated by reference into this Contract.

COMPENSATION: (Check ONE option): The MBTA certifies that payments for authorized performance accepted in accordance with the terms of this Contract

☐ Rate Contract (No Maximum Obligation. Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.)

☐ Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract (or new Total if Contract is being amended). $ .

PROMPT PAYMENT DISCOUNTS (PPD): MBTA payments are issued through EFT 30 days from invoice receipt. Contractors requesting accelerated payments must identify a PPD as follows: Payment issued within 10 days __% PPD; Payment issued within 15 days __% PPD; Payment issued within 20 days __% PPD.

BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.)

ANTICIPATED START DATE: (Complete ONE option only) MBTA and Contractor certify for this Contract, or Contract Amendment, that Contract obligations:

☒ 1. May be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred prior to the Effective Date.

☐ 2. May be incurred as of , 20__, a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date.

☐ 3. were incurred as of , 20__, a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior to the

Effective Date are authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are attached and incorporated into this Contract. Acceptance of payments forever releases the MBTA from further claims related to these obligations.

CONTRACT END DATE: Contract performance shall terminate as of , 20__, with no new obligations being incurred after this date unless the Contract is properly amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any…