RFP 170-22 Safety Shoe Program.pdf

7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

NON-FEDERAL FUNDED

RFP#: 170-22

COMMBUYS # BD- 22-1206-MBTA-MBTA-

81305

SAFETY SHOE PROGRAM

Date Issued: November 4, 2022

RFP: 170-22 - 1 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

Project Name: Safety Shoe Program Revision: 4/15/2022

Contents

1. INTRODUCTION

2. SCOPE OF WORK

2.1 Requirements

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

3.4 Dissemination of Confidential Information

3.5 Examination of RFP

3.6 Rules of Contact

3.7 Clarifications of Specifications, Questions and Answers

3.8 RFP Addendum

3.9 MBTA Standard Contract and Terms & Conditions

3.10 Confidentiality / Public Information Act Disclosure Requests

3.11 Business Conduct

3.12 Collusion

3.13 Prices

3.14 Acceptance Period

3.15 Eligible Entities

3.16 Pre-Contractual Expenses

3.17 Tax Exemption

3.18 Insurance

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

4.4 Incomplete Response

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

RFP: 170-22 - 2 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

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 C: Small Business Program Attestation Form

7.1 MBTA Standard Contract Instructions (Section 8.0)

MBTA Standard Terms & Conditions Instructions (Section 8.1)

8. Massachusetts Bay Transportation Authority Standard Contract

8.1 Standard Terms and Conditions

RFP: 170-22 - 3 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

Attn: Bidder/s Request for Proposals (RFP) # 170-22 RFP Description: Safety Shoe Program

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 170-22. 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:

Kiana Hall Massachusetts Bay Transportation Authority 10 Park Plaza, Room 2810 Boston, MA 02116 Email: khall@mbta.com

The RFP shall be launched through COMMBUYS, and proposals must be submitted electronically no later than 11/14/2022 12:00 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, Kiana Hall

Massachusetts Bay Transportation Authority

RFP # 170-22

COMMBUYS Bid # BD- 22-1206-MBTA-MBTA-81305

RFP: 170-22 - 4 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

1. INTRODUCTION

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks to establish a Safety Shoe Program with a mobile service (or “shoe truck”) that can deploy at MBTA locations in the greater Boston area. Ideally this service will begin during November and December 2022.

The contract will have a five (5) year Term. The requirements in this RFP constitute the initial needs of the Authority. The MBTA anticipates the expansion of this program to include additional departments and divisions that are not explicitly mentioned in this RFP. A successful contractor will (a) meet the required specifications provided, (b) provide one or two brands that must be ASTM F2413 approved (c) familiarity with the public sector to support MBTA public policies and procurement (d) market knowledge and ingenuity to identify and implement strategies to improve systems and procedures to meet safety shoe requirements on an annual basis.

2. SCOPE OF WORK

The Contractor shall sell only Safety Shoes that must be ASTM F2413 approved with the minimum requirements of:

• Composite Toe

• EH- Electrical Hazard Resistant

• PR-Puncture Resistant

• SR-Slip Resistant

• 6-inch Defined Heel

The Contractor will service five (5) to eighteen (18) locations, to outfit approximately two thousand (2,000) employees. Approximately fifty percent (50%) of the employees should be outfitted (boots on feet) within sixty (60) days of an executed contract. Contractor must have the flexibility for MBTA established hours prior to the award, with the capability to accept payment onsite/order or bill the MBTA.

The Contractor must gather employee name and badge number at time of purchase and provide summary report of all purchases.

2.1 Requirements

2.1.1 These specifications outline the MBTA's requirement for sizing, ordering and delivery of ASTM F2413 approved safety shoes.

2.1.2 Safety Shoes must carry the following Safety Shoe ratings; SR = Slip Resistant, Toe = Composite with I/75 Impact Rating, C/75 Compression Rating, M or MT: Metatarsal Protection; Ankle Support: 6” minimum with Defined Heel (must have a heel); PR = Puncture Resistant; EH = Electrical Rated.

2.1.3 Services to be provided under this contract shall consist of providing On-Site Services (Shoe Mobile), preferably supplemented with In-Store and Online ordering.

2.1.4 The work includes all labor, equipment, and materials to support the Safety Shoe Program, including travel time, freight, service charges and warranties to complete order fulfillment.

2.1.5 The work under these specifications shall be “TURN-KEY" such as the contractor will be required to complete the required work without any assistance from the MBTA.

RFP: 170-22 - 5 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

2.1.6 Pricing for items not on bid list must be approved prior to commencement of work.

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.

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

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

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

RFP: 170-22 - 6 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

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 Kiana Hall, khall@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 11/4/2022 Pre-bid conference –

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 262 355 030 036 Passcode: b5zgud Download Teams | Join on the web Or call in (audio only) +1 929-352-1865,,952250241# United States, New York City Phone Conference ID: 952 250 241#

11/8/2022

11:00 a.m.

Deadline for submission of Bidder questions via

COMMBUYS Q&A

11/9/2022 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

11/10/2022 2:00 p.m.

Response Due Date 11/14/2022 12:00 p.m.

Contract Execution (estimated) 11/18/2022 Service Start Date (estimated) 11/21/2022

3.4 Dissemination of Confidential Information

Not Applicable mailto:rfpresponse@mbta.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQ3MmM4NjctODgzYy00NTg2LThkMjktOGMwZWE2MGVhYjU0%40thread.v2/0?context=%7b%22Tid%22%3a%227558e599-f006-481f-9717-b189e6730862%22%2c%22Oid%22%3a%2268acb32e-151a-4d68-9abb-1a25806f4989%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+19293521865,,952250241#%20

RFP: 170-22 - 7 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

3.5 Examination of RFP

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

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

3.6 Rules of Contact

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

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

The specific rules of contact are as follows:

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

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

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

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

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

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

3.7 Clarifications of Specifications, Questions and Answers

Bidders shall review the RFP and any addenda issued by the MBTA prior to the Response Date and request written clarification or interpretation of any perceived discrepancy, deficiency, ambiguity, error, or omission contained therein, or of any provision which the Bidder fails to understand or to which the Bidder is suggesting a change. Failure of the Bidder to so examine and inform itself shall be at its sole risk, and

RFP: 170-22 - 8 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

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.

3.8 RFP Addendum

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

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

3.9 MBTA Standard Contract and Terms & Conditions

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

3.10 Confidentiality / Public Information Act Disclosure Requests

3.10.1 Disclosure Waiver

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

3.10.2 Public Disclosure of Response Documents

Subject to applicable law, after execution of the Contract, or if the procurement is cancelled by the MBTA, the MBTA shall have the right to publicly disclose any and all

RFP: 170-22 - 9 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

portions of all Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 3.10.3, unless otherwise required by law.

3.10.3 Disclosure Process for Requests Under the Public Records Law

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

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

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

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

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

3.11 Business Conduct

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

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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

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

3.13 Prices

Bidders shall submit their pricing proposal in their own format, labeled as Form D: Pricing Proposal. Prices submitted shall be valid throughout the Acceptance Period.

3.14 Acceptance Period

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

3.15 Eligible Entities

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

3.16 Pre-Contractual Expenses

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

3.17 Tax Exemption

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

RFP: 170-22 - 11 - COMMBUYS #: BD- 22-1206-MBTA-MBTA-81305

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

3.18 Insurance

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

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

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

Responses shall be submitted via COMMBUYS.

Each Response shall be submitted in the following two parts:

a) Technical Response including:

• Bid Cover Letter

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

• Form A: Pre-Award Bidder Evaluation Data Form

• Form B: Technical Response – Written Response Form (Word Doc)

• Form C: Small Business Program Attestation Form

• Product Offering – o Bidder shall include a listing/catalog of your product lines that meet the MBTA’s specifications as described in Section 2. The listing should be delineated by brand, class, # of color options, and sizing availability. Indicate any restrictions for your products. *DO NOT INCLUDE PRICING ON

THE INCLUDED LISTS

b) Price Proposal as a separate document, Labeled as Form D.

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

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

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

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

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provided forms. The Technical Response and Price Response shall be completely separate documents.

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

4.2 Power of Attorney

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

4.3 Acceptance of Response

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

4.4 Incomplete Response

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

5. MBTA POLICIES

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

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

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requirements set forth in this RFP. The MBTA may request Bidder clarification of any minor informalities, irregularities, and apparent clerical mistakes, after which the MBTA may evaluate the Response, at the MBTA’s sole discretion.

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

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

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

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

6.3 Evaluation and Notification

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

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

6.4 Pass/Fail Evaluation

The Proposal will be evaluated based on the Pass/Fail Evaluation Criteria identified below. Each Bidder must obtain a “pass” on all Pass/Fail Evaluation Criteria on 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 Reponse, at the MBTA’s sole discretion.

Criteria Evaluation

Methodology Evaluation Basis

On-Site Services Pass/Fail Form B: Technical Response Form

Order Fulfillment at 50%

Pass/Fail Form B: Technical Response Form

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

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In addition to the Technical Response and Evaluation Criteria below, responses will also be evaluated based on the Supplier Diversity Criteria which, will account for 25% of the overall technical scoring. The MBTA seeks Proposals that incorporate participation by M/WBE’s, minority individuals, and women in as many aspects of the services as possible. MBTA’s goal is to select a Contractor who uses creativity to incorporate participation in this contract and is committed to an exceptional and comprehensive program for achieving the diversity and inclusion goals of this RFP as further described.

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

The Technical Evaluation Criteria are identified and detailed below.

Technical Response Evaluation Criteria

Availability

Product Offering

Other Capabilities

Supplier Diversity (25% of overall Technical Response scoring)

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

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

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

Correction of the weaknesses would not be necessary before the Response would be considered further.

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

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

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

6.6 Price Response Evaluation

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

6.7 Basis of Award: Best – Value Proposal

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

In order to make a selection, the MBTA will determine whether the Responses are responsive and evaluate the Pass/Fail Evaluation Criteria, Technical Evaluation Criteria and the Supplier Diversity Criteria, and assign an overall Technical Proposal Score. After the determination of the Technical Proposal Score, the MBTA will evaluate the Price Responses of the remaining Bidders. If applicable, the MBTA will determine the best value by analyzing whether the perceived benefits of the higher priced Response merit the additional cost.

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

6.8 Successful Bidder

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

6.9 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:

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

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

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

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

e) Not select any Bidder or cancel this procurement.

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

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

h) Terminate evaluations of Responses received at any time.

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

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

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

l) Appoint an Evaluation Team to evaluate Responses, make recommendations to the MBTA and MassDOT Boards 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 a Response.

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.

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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 or available pursuant to applicable law.

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 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.

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

6.10 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 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 COMMBUYS # BD- 22-1206-MBTA-MBTA-81305 and RFP # 170-22 in order of precedence.

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

2. Memorandum of Contract

3. Standard Contract and Terms & Conditions

4. Scope of Work

5. Insurance Requirements

6. Contractor Proposal

7. Contractor Fee for Service; Pricing & Invoicing http://www.mbta.com/

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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 and completed check boxes to indicate the bid documents that constitute their bid. The Bid Cover Letter should be included with all bid documents submitted to the MBTA.

RFP #: 170-22

COMMBUYS Bid # BD- 22-1206-MBTA-MBTA-81305

Project Name: Safety Shoe Program

Bidder (Company Name):

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

Power of Attorney (as described in Section 4.2) ☐

Form A: Pre-Award Bidder Evaluation Form ☐

Form B: Technical Response ☐

Form C: Small Business Attestation Program ☐

Form D: Pricing Proposal (as a separate document) ☐ Signed Section 8.1 Massachusetts Bay Transportation Authority Standard Terms and Conditions

Note: Section 8 Massachusetts Bay Transportation Authority Standard Contract is NOT to be submitted; i t is not completed unti l award

Proof of Insurance ☐

We confirm that our Bid is in exact accordance with the solicitation with no exceptions to, or comments upon, the solicitation documents. We confirm that the submission of our Bid with the signature below

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makes all certifications as outlined in the solicitation documents. This Bid shall constitute a binding offer open for acceptance by the MBTA.

We confirm that this Bid has been prepared and is compliant with the solicitation instructions and agree to conduct ourselves in accordance with the solicitation. We confirm receipt of all addenda related to this solicitation. We confirm the 180 days Acceptance Period of this Proposal.

The undersigned are authorized to sign on behalf of and to bind __________________________ (include Bidder’s name) to the provisions of this Bid.

Bidder (company name):

Authorized Representative Name:

(BLOCK LETTERS)

Authorized Representative’s Signature:

Tit le:

Date:

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Form A: 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

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.

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.

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Form C: Small Business Program Attestation Form

To qualify under the State’s Small Business Program, the following criteria apply:

Principal place of business in Massachusetts Business operating for at least one year Currently employs a combined total of 50 or fewer full-time equivalents in all locations Gross annual revenues of $15 million or less based on a 3-year average

Please select one:

☐ YES, the above criteria apply ☐ NO, the above criteria do not apply

If YES, please complete the fields below. If NO, complete ‘Name of Firm’ field below only.

Return the form with the bid submission.

Name of Firm:

Federal Identification Number:

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