RFP 194-25 Uniforms and Accessories for MBTA.pdf

7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 194-25

COMMBUYS # BD- -26-1206-MBTA-MBTA-

125321

MBTA UNIFORMS AND ACCESSORIES

Date Issued: February 11, 2026

RFP: 194-25 - 1 - COMMBUYS #: BD- -26-1206-MBTA-MBTA-125321

Project Name: MBTA Uniforms and Accessories Revision: 9/9/2025

Contents

I. SCOPE OF WORK…………………………………………………………………………..4

14. Uniform Allotment Reporting Requirements

15.Product Images and Online Size Chart Requirements

II. Contract Duration

III. Additional Services

IV. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

1.1 Bidders’ Conference

1.2 Procurement Method

1.3 RFP Calendar and Delivery Instructions

1.4 Dissemination of Confidential Information

1.5 Examination of RFP

1.6 Rules of Contact

1.7 Clarifications of Specifications, Questions and Answers

1.8 RFP Addendum

1.9 MBTA Standard Contract and Terms & Conditions

1.10 Confidentiality / Public Information Act Disclosure Requests

1.11 Business Conduct

1.12 Collusion

1.13 Acceptance Period

1.14 Eligible Entities

1.15 Pre-Contractual Expenses

1.16 Tax Exemption

1.17 Insurance

1.18 Response Submissions

1.19 Power of Attorney

1.20 Acceptance of Response

1.21 Incomplete Response

V. MBTA POLICIES

1.22 Small, Minority, Women, and Other Disadvantaged Businesses

VI. SELECTION PROCESS AND EVALUATION

Response Opening and Confidentiality

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VII. Responsiveness Review and Basis of Award

VIII. Evaluation and Notification

IX. Pass/Fail Evaluation

X. Technical Response and Supplier Diversity Evaluation Criteria

XI. Price Response Evaluation

XII. Basis of Award: Best – Value Proposal

XIII. Successful Bidder

XIV. MBTA Reserved

XV. Appeal / Protest Procedures

CONTRACT STRUCTURE

Form C: Small Business Program Attestation Form

Form D: Pricing Response

1.0 MBTA Standard Contract Instructions (Section 8.0)

1.1 MBTA Standard Terms & Conditions Instructions (Section 8.1)

c) Massachusetts Bay Transportation Authority Standard Contract

a. Standard Terms and Conditions

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Attn: Bidder/s Request for Proposals (RFP) # 194-25 RFP Description:

Dear Prospective Bidder:

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuit to Mass. Gen. Laws, ch 161A (as amended) invites Bidders to participate in the competitive bid 194-25. The Scope of Work is outlined below in Section 2. The MBTA may at its own discretion award contract(s) to one or multiple Bidders.

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

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

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

The RFP shall be launched through COMMBUYS and proposals must be submitted electronically no later than 3/30/2026 2:00 PM, in full compliance with this RFP including but not limited to Section 3, Bidders Instructions and Procurement Process. This RFP shall remain in force until the execution of the Contract, or until modified or cancelled by the MBTA.

Respectfully, Mellissa O’Connor

Mellissa O’Connor

Massachusetts Bay Transportation Authority

RFP # 194-25

COMMBUYS Bid # BD- -26-1206-MBTA-MBTA-125321

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I. SCOPE OF WORK

1.0 Introduction

The Massachusetts Bay Transportation Authority (MBTA) is seeking qualified uniform suppliers (the “Contractor”) to furnish, manage, and distribute uniform components and accessories for designated 3800 MBTA employees of various designations. The Contractor shall provide end-to-end uniform services including manufacturing or sourcing, fittings, customization, ordering systems, delivery, returns, inspections, and compliance with all MBTA technical and operational requirements.

This Scope of Work defines the minimum requirements and standards that must be met by all Bidders responding to this Request for Proposals (RFP).

2.0 Contractors Responsibilities

The Contractor shall be fully responsible for complying with all requirements, specifications, and standards of the MBTA Uniforms Category and shall certify compliance throughout the term of the Contract. The sample pictures of the customizations and products used is attached as Appendix-A to this RFP.

2.1 Fitting, Distribution, and Site Visits

1. Bidders shall identify all fitting and distribution establishments, including physical addresses and hours of operation, in the Bidder Response Form.

2. Bidders shall state the minimum and maximum number of MBTA-organized site visits proposed annually and describe the structure of such visits.

3. For Bidders with retail locations, hours during which measurements, fittings, alterations, or deliveries cannot be performed due to holidays or Bidder vacation periods must be disclosed.

2.2 Customer References

Bidders shall submit a list of customer names and addresses for organizations that have purchased uniforms in large quantities.

2.3 Pricing

1. Bidders shall quote final per-item pricing, inclusive of taxes, including all customization and alterations, on Schedule D-Pricing

2. Awarded Contractor(s) shall not charge shipping or handling fees for MBTA uniform components or accessories.

2.4 Subcontractors

1. If the Bidder is not the manufacturer of any uniform components, the Bidder shall disclose the name and address of all proposed subcontractors.

2. Any change in subcontractors during the Contract term shall require prior written approval from the MBTA, including submission of samples from the proposed subcontractor.

2.5 Samples and Mock-Ups

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1. The Contractor shall provide samples of new or replacement uniform components as specified in Schedule-D pricing form and Appendix -A of the RFP document.

2. The Contractor shall provide mock-ups of patches, embroidery, and related customizations and revise them as required until approved by the MBTA.

3.0 Product Requirements

1. All uniform elements must conform strictly to MBTA Uniform Category specifications.

2. All uniform items shall include sewn-in fabric content and care labels. Imprinted labels may be accepted subject to MBTA approval.

3. Uniforms not meeting MBTA quality or workmanship standards may be rejected.

4. If an alternate brand of any uniform component is proposed, such alternate brand must, at a minimum, meet all specifications, technical requirements, quality standards, and performance criteria of the currently specified item. Any alternate brand that exceeds the current specifications or provides superior materials, construction, durability, or technical performance may be considered, subject to prior written approval by the MBTA.

5. The Authority encourages the use of goods manufactured or produced in the United States and, where applicable, by unionized labor. Offerors shall identify in their proposal whether the goods proposed are manufactured in the United States and whether such goods are produced by a unionized workforce.

4.0 Fabric, Sewing, and Construction Standards

4.1 Fabrics

All required Royal Blue items must exactly match Pantone Matching System (PMS) 287C.

4.2 Sewing

All sewing must be neat, secure, and free of untrimmed threads.

4.3 Interlining

Interlining shall include a fused front and separate fused chest piece using high-quality woven fusible air canvas. Fusing must be completed using tray-feed or belt-driven presses.

5. Title and Ownership

Title to all uniform items shall pass to the MBTA upon delivery and acceptance by the MBTA employee.

6. Embroidery, Patches, and Reflective Striping

All embroidery, patches, and reflective striping shall be produced and affixed by the Contractor or approved subcontractors.

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7. Inspection and Quality Assurance

7.1 Inspection of Premises

The MBTA reserves the right to inspect the Contractor’s and subcontractors’ facilities.

7.2 Testing

1. The MBTA may select uniform samples for independent laboratory testing at its expense.

2. If a sample fails testing, the Contractor shall correct all nonconformities and bear the cost of re-testing.

3. Failure to comply within thirty (30) days may result in contract termination.

8. Company Experience and Capacity

1. The Bidder must be the manufacturer or an authorized agent, unless otherwise approved by

MBTA.

2. Bidders must meet at least one of the following:

a. Maintain a retail location within 25 miles of 10 Park Plaza, Boston, MA, or

b. Demonstrate the ability to perform fittings and provide samples via MBTA-directed site visits.

Site visits may require up to three (3) consecutive days and up to sixty (60) total days annually.

9. MBTA Personnel and Uniform Categories

The following information is provided for planning and bid-evaluation purposes only and does not constitute a guarantee of quantities or a commitment by the MBTA.

9.1 Approximate Headcount by Uniform Category

Table I

Uniform Category Approximate Number of Personnel

Operating Personnel 3,000

Hub Station Access Clerks 10

Fare Engagement Representatives 15

Inspectors 430

Transit Instructors 105

Vehicle Maintenance Instructors 25

Operations Control Center 60

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9.2 Uniform Categories and Classifications

Table II

Uniform Category Classification

Operating Personnel (OP)

Customer Service Agent (CSA)

Platform Attendant

Motorperson

Streetcar Motorperson

Streetcar Yard Motorperson

Bus Operator

Hub Station Access Clerk (HSAC) HSAC

Fare Engagement Representative (FER) FER

Inspectors

Bus Inspector

Heavy Rail Inspector

Light Rail Inspector

Coordinating Inspector

Heavy Rail Chief Inspector

Light Rail Chief Inspector

Transit Instructors

Bus Instructor (Operations Training)

Light Rail Instructor (Operations Training)

Heavy Rail Instructor (Operations Training)

Operations Control Center Instructor

Vehicle Maintenance (VM) Instructors Bus Vehicle Maintenance Instructor

Rail Vehicle Maintenance Instructor

Operations Control Center (OCC) Operations Information Officer (OIO)

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Heavy Rail Dispatcher

Light Rail Dispatcher

Bus Dispatcher

10. Uniform Allotment Structure

Employees shall be eligible to order uniform components and accessories through category-based allotments. All allotments are classification-specific and subject to MBTA policies and funding availability. Unused allotment balances shall not roll over.

10.1 Allotment Values, Timing, and Minimums

Table III

Uniform Category

Allotment Type

Allotment Value

Allotment Availability Timing

Item Minimums

Any type/combination may be chosen within each bullet

Operating Personnel

Tier 1 $1500 As soon as employees appear in the data feed in current classification within category.

2 pants

5 shirts

1 coat or jacket

1 cap or hat

Operating Personnel

Tier 2 $566 On first anniversary of start date in current classification within the category.

2 pants

5 shirts

Operating Personnel

Tier 3 $566 On second-fourth anniversaries of start date in current classification within category.

1 pant

4 shirts

Operating Personnel

Tier 4 $566 On fifth and subsequent anniversaries of start date in current classification within category.

N/A

HSAC HSAC $566 On first and subsequent anniversaries

N/A

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(No Tiers) of start date in HSAC classification.

Fare Engagement Representative

Tier 1 $1500 30 days after start date in Fare engagement Representative.

4 long-sleeve polos

4 short-sleeve polos

4 pants

1 sweater/vest

1 coat/jacket

1 cap

1 winter hat

1 satchel

Fare Engagement Representative

Tier 2 $850 On first and subsequent anniversaries of start date in Fare engagement representative classification.

3 Polos

3 pants

Inspector Tier 1 $1600 As soon as employees appear in the data feed in current classification within category.

N/A

Inspector Tier 2 $800 July 1 of each year in current classification within category.

N/A

Transit Instructor

Tier 1 $650 As soon as employees appear in the data feed in current classification within category.

N/A

Transit Instructor

Tier 2 $650 July 1 of each year in current classification within category.

N/A

VM Instructor Tier 1 $650 As soon as employees appear in the data feed in current classification within

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category.

VM Instructor Tier 2 $650 July 1 of each year in current classification within category.

N/A

OCC Tier 1 $500 As soon as employees appear in the data feed in current classification within category.

N/A

OCC Tier 2 $500 July 1 of each year in current classification within category.

11. Ordering, Delivery, and Returns

11.1 Item Maximums Per Allotment Period

Table IV

Item Category Maximum Quantity

Coats / Jackets 2

Pants / Shorts 10

Sweaters / Vests 9

Shirts 15

Baseball Caps 5

Winter Hats 5

Ties 5

Driving Gloves 5

Winter Gloves 5

Fleece Scarves 5

Neoprene Winter Masks 5

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11.2 Ordering Methods

1. MBTA employees may place orders online, at Contractor retail locations, or during MBTA-directed site visits.

2. All ordering processes must comply with MBTA data security and access-control requirements.

3. Participants may place multiple orders within a single allotment period, provided that the cumulative value of such orders does not exceed the authorized allotment amount. The placement of multiple orders shall not affect, delay, reduce, or otherwise impact eligibility for or issuance of any subsequent allotment.

4. Each allotment cycle shall commence based on the participant’s original date of hire (or program enrollment date, as applicable) and shall renew annually on that anniversary date or on July 1st as specified in Table III, regardless of when the prior allotment amount is fully utilized. MBTA has the discretion to order out of the uniform structure.

11.3 Delivery Requirements

1. Standard uniforms shall be delivered within five (5) business days of order acceptance.

2. Uniforms requiring alterations shall be delivered within ten (10) business days following employee measurement.

3. Exceptions due to unique sizing must be communicated immediately to the MBTA Uniform

Coordinator.

11.4 Returns and Exchanges

1. Damaged items shall be eligible for exchange or credit to the employee’s allotment within forty-five (45) calendar days of shipment.

2. Unworn items with original tags attached may be exchanged for size within forty-five (45) calendar days. Items may also be returned for credit to the allotment, excluding ball caps with embroidered badges.

3. Returns and exchanges must be supported online, in-store, and during on-site MBTA visits.

12. Technical Requirements

The Contractor shall establish an online ordering and data-integration system prior to contract implementation. Detailed technical specifications will be provided in an addendum.

13. Inventory and Discontinuation Notifications

The Contractor shall notify MBTA immediately of any discontinued items, inventory shortages, or style number changes that may impact fulfillment. Style number changes should be reported even if no impact on fulfillment. It is important we always have an up-to-date item list with style numbers.

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14. Uniform Allotment Reporting Requirements

1. Reporting Capabilities The Vendor shall provide comprehensive reporting capabilities to support the administration, monitoring, and reconciliation of the Uniform Allotment Program. Reports shall be accurate, current, and available in multiple formats.

At a minimum, the Vendor must provide reports in the following formats:

Microsoft Excel (.xlsx) – fully sortable and filterable CSV (.csv) – raw data export format PDF (.pdf) – print-ready format Web-based dashboard access with export functionality (if applicable)

Reports shall be delivered electronically and must be compatible with MBTA systems.

2. Required Report Content Reports shall include, at a minimum, the following data fields:

Employee Name Employee ID Number Department / Cost Center Date of Hire (for allotment anniversary tracking) Allotment Start Date Allotment Amount Authorized Total Allotment Used to Date Remaining Allotment Balance Order Date Item Description Quantity Ordered Unit Price Total Order Cost Order Status (Pending / Fulfilled / Returned / Cancelled) Credits Issued (if applicable) Invoicing details

3. Frequency of Reporting The Vendor shall provide:

Monthly summary reports On-demand reports upon request by the Authority Year-end reconciliation report Audit-ready transaction history for each employee

4. Custom Reporting The Authority reserves the right to request:

Customized report formats Additional data fields Department-specific or location-specific summaries Exception reports (e.g., negative balances, unusual order activity)

Such reports shall be provided at no additional cost.

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5. Data Accuracy and Retention The Vendor shall maintain transaction records for a minimum of five (5) years and shall cooperate with any audit or reconciliation request by the Authority.

15.Product Images and Online Size Chart Requirements

The Vendor shall provide an online catalog containing clear product images and detailed size charts for all uniform items offered under this Contract. The online catalog shall meet the following requirements:

1. Product Images o High-resolution, full-color images of each uniform item.

o Images must show all available views (front, back, side) and any distinguishing features (e.g., pockets, embroidery, reflective striping).

o Images shall be accessible without requiring special credentials or software.

2. Size Charts o The Vendor shall provide accurate size charts for all products.

o Size charts must include measurements for each size offered (e.g., chest, waist, inseam, sleeve length) in both imperial and metric units.

o Size charts shall be easily accessible and clearly linked from the corresponding product images.

3. Online Access o The online catalog and size charts must be publicly accessible via web browser and compatible with common mobile devices.

o The Vendor shall maintain the online catalog and size charts for the duration of the Contract, ensuring content is current and accurate.

4. Updates o The Vendor shall update the online catalog and size charts within five (5) business days of any product change, discontinuation, or sizing revision.

Failure to provide and maintain the required online product images and size charts may be considered non-compliance with Contract requirements.

II. Contract Duration

The maximum contract duration shall not exceed three years with four one-year options for extension. The Option year will be exercised at the discretion of the MBTA.

III. Additional Services

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

IV. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

1.1 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’

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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.

1.2 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.

1.2.1 MBTA DESIGNATED REPRESENTATIVE

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

1.2.2 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.

1.3 RFP Calendar and Delivery Instructions

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

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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 2/11/2026 Pre-bid conference

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02:00 p.m.

Site Visit – Upon Request

Deadline for submission of Bidder questions via COMMBUYS Q&A 3/7/2026 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on COMMBUYS 3/12/2026 2:00 p.m.

Response Due Date 3/30/2026 2:00 p.m.

If Samples and mockup for customization are requested 4/21/2026 Contract Execution (estimated) 5/15/2026 Service Start Date (estimated) 7/1/2026

1.4 Dissemination of Confidential Information

Not Applicable

1.5 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.

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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.

1.6 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. The Bidders shall not contact employees, representatives, and members of who worked on the procurement process regarding this RFP, the Contract, or the procurement.

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

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

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

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

1.7 Clarifications of Specifications, Questions and Answers

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

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by Bidder through the “Bid Q&A” tab in COMMBUYS. Such comments and questions may be submitted at any time prior to the applicable date specified in Section 3.3

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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.

1.8 RFP Addendum

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

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

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

1.9 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.

1.10 Confidentiality / Public Information Act Disclosure Requests

1.10.1 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.

1.10.2 Public Disclosure of Response Documents

Subject to applicable law, after execution of the Contract, or in the event that the procurement is cancelled by the MBTA, the MBTA shall have the right to publicly disclose any and all portions of all Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 1.10.3, unless otherwise required by law.

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1.10.3 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.

1.11 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

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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.

1.12 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.

Prices

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

1.13 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.

1.14 Eligible Entities

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

1.15 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.

1.16 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 any Agreement it enters into with the MBTA and/or to the compensation it receives from the

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MBTA or any other party in connection with such Agreement.

1.17 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.

V. SUBMISSION OF RESPONSE

1.18 Response Submissions

Responses shall be submitted via COMMBUYS.

Each Response shall be submitted in the following two parts:

a) Technical Response including:

Bid Cover Letter

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

Form A: Pre-Award Bidder Evaluation Data Form

Form B: Technical Response

Form C: Small Business Program Attestation Form

Proof of Insurance

Other items as applicable

b) Price Response as a separate document, including:

Form D: Price Response: Attached Excel sheet. Bidders must respond to all sections.

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

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

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

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

Bidder Financials shall be included in Technical Proposal only.

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

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to make minor corrections to the Response.

1.19 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.

1.20 Acceptance of Response

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

1.21 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.

V. MBTA POLICIES

1.22 Small, Minority, Women, and Other Disadvantaged Businesses

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

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

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

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

VI. SELECTION PROCESS AND EVALUATION

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.

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VII. Responsiveness Review and Basis of Award

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

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

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

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

VIII. 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.

IX. Pass/Fail Evaluation

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

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Criteria Evaluation

Methodology Evaluation Basis

Legal Pass/Fail Form A response

Financial Stability Pass/Fail Form A response

X. 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.

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.

B1 Bidder Experience, Capabilities, and Qualifications B2 Technical Approach ,Program and delivery

B3 Product quality and samples B4 Safety, and…