RFP 197F-24 Overhaul of 40 HSP46 Locomotives.pdf

RFP NO. 197F-24 Overhaul of 40 HSP46 Locomotives

REQUEST FOR PROPOSALS

RFP NO. 197F-24

Overhaul of 40 HSP46 Locomotives

Date Issued: Thursday October 31st, 2024

Sourcing Manager: Terunii Senevirratne

MASSACHUSETTS BAY

TRANSPORTATION

AUTHORITY

Contents

1. PROPOSAL INFORMATION

1.1. Invitation and Description of Work

1.2 U.S. Domestic Provisions

1.3 Request for Proposals Timeline

1.4 MBTA Point of Contact and RFP Communications

1.5 Evaluation Criteria

1.5.1 The Pass/Fail Evaluation Criteria:

1.5.2 The Technical Evaluation Criteria are:

1.5.3 Total Proposal Price:

1.6 Selection and Competitive Negotiation Process

1.7 Pre-Proposal Procedures

1.8 Preparation and Submittal of Proposals

1.9 Pre-Contractual Expenses

1.10 Bidder’s Material Qualification

1.11 Proposal Opening

1.12 Late Submissions, Modifications and Withdrawals of Offers

1.13 Rejection of Proposals

1.14 MBTA Reservation of Rights

1.15 Appropriation Contingency

1.16 Appeal/Protest Procedures

1.17 Rules of Contact

2. ABBREVIATIONS AND DEFINITIONS

2.1 Abbreviations

2.2 Definitions

3. BUSINESS AND COMMERCIAL REQUIREMENTS

3.1. Award/Execution of Contract

3.2 Disadvantaged Business Enterprises

3.2.1. Overview

3.2.2. DBE Participation

3.2.3. DBE Participation Goal

3.2.4. Proposal Requirements

3.2.5. Good Faith Efforts

3.2.6. Administrative Reconsideration

3.2.7. Termination of DBE Subcontractor

3.2.8. Continued Compliance

3.2.9. Sanctions for Violations

3.3. MBTA Minimum Insurance Requirements

3.4. Performance Guarantee

3.5. Permits and Licenses

3.6. Ongoing Compliance Obligations

3.7. Claims

3.8. Disputes

3.9. Claims and Disputes

3.10. OEM Software

3.11. Examination and Audit

3.12. Inspection of Site(s)

3.13. Contractor’s Furnished Facilities

3.14. Project Management Communications

4. CONTROL OF PROCUREMENT

4.1. Contract Plans

4.2. Contractor’s Schedule of Completion

4.3. Contractor’s Drawings

4.4. Contractor’s Specification

4.5. Contractor’s Training Aids

4.6. Shop Drawing Review

4.7. As-Built Drawings and Specifications for Final Record

4.8. Intellectual Property Rights

4.9. Contractor Furnished Materials

4.10. Access to Documents

4.11. Conformity with Plans and Specifications

4.12. Access to Work and Records

4.13 Project Meetings, Monthly Progress Reports & Forecasts

4.16 Further Obligations

5. CONTROL OF MATERIALS

5.1. Quality of Supply

5.2. Trade Names and Alternatives

5.3. Storage of Material and Preparation for Delivery

5.4. Receipt of Contractor Furnished Equipment and Materials

5.5. Conditional Acceptance of Overhauled Locomotives

5.6. Final Acceptance of locomotives

5.7. Patented Devices, Materials, Processes

5.8. Warranties, Guarantees, Instruction Sheets and Parts List

5.9. Spare Parts

5.10. Training Aids

6. CHANGE ORDERS

6.1. Proposed Changes in Work Scope (Change Orders)

6.2. Costs for Work Scope Changes

6.3. Authority Change Control Review Board

6.4. Change Order Authorization

6.5. Executed Change Orders and Amendments

6.6. Change Status Report

7. SCHEDULE AND PAYMENTS

7.1. Terms of Payment

7.2. Schedule of Payments and Milestones

7.3. Basis of Payment

7.4. Liquidated Damages

8. TECHNICAL SPECIFICATION

9. WARRANTY

9.1. Guarantee of End Products (Warranty)

9.2. Repair Procedures

10. QUALITY ASSURANCE / QUALITY CONTROL (QA/QC) REQUIREMENTS

10.1. Project Quality Assurance Plan

10.2. Management Responsibility

10.3. Design Control

10.4 Material Procurement and Control Plan

10.5. Control and Calibration of Measurement Tools and Test Equipment

10.6. Inspection and Test Status

10.7. Controlling Nonconforming Products and Services

10.8. Corrective and Preventive Action

10.9. Use of Statistical Techniques

10.10. Documentation

10.11. Training

10.12. Field Service Engineering & Technical Support

10.13. First Article Inspections Procedures and Test Specifications

10.14. Locomotive Inspections and Tests

10.15. Manuals

10.16. Software Configuration Control

11. CONTRACT TERMS AND CONDITIONS

11.1. Contract Effective Start Date

11.2. Personal Liability of Authority Official

11.3. Hiring of MBTA Retirees

11.4. Headings Not Binding

11.5. Binding Effect

11.6. Precedence of Documents

11.7. Payments and Compensation

11.8. Contractor Payment Mechanism

11.9. Contract Termination, Suspension, Force Majeure

11.10 Written Notice

11.11 Record-keeping and Retention, Inspection of Records

11.12 Assignment

11.13 Subcontracting By Contractor

11.14 Affirmative Action, Non-Discrimination in Hiring and Employment

11.15 Indemnification

11.16 Waivers

11.17 Risk of Loss

11.18 Forum, Choice of Law and Mediation

11.19 Interpretation, Severability, Conflicts with Law, Integration

11.20 Entire Agreement

11.21 Contractor Certifications and Legal References

11.21.1 MBTA and Contractor Ownership Rights

11.21.2 Qualifications

11.21.3 Business Ethics and Fraud, Waste and Abuse Prevention

11.21.4 Collusion

11.21.5 Public Records and Access

11.21.6 Debarment

11.21.7 Applicable Laws

11.21.8 Tax Law Compliance

11.21.9 Bankruptcy, Judgments, Potential Structural Changes, Pending Legal Matters and Conflicts

11.21.10 Protection of Commonwealth Data, Personal Data and Information

11.21.11 Corporate and Business Filings and Reports

11.21.12 Employer Requirements

11.21.13 Federal And State Laws and Regulations Prohibiting Discrimination

11.21.14 Right-to-Know Law

11.21.15 Other Damages

11.21.16 Northern Ireland Certification

11.21.17 Pandemic, Disaster or Emergency Performance

11.22 Executive Orders

11.22.1 Executive Order 481. Prohibiting the Use of Undocumented Workers on State Contracts

11.22.2 Executive Order 130. Anti-Boycott

11.22.3 Conflict of Interest and Executive Order 346. Hiring of State

Employees By State Contractors

11.22.4 Executive Order 444. Disclosure of Family Relationships with

Other State Employees

11.22.5 Executive Orders 523, 526, and 565

11.22.6 Laws and Regulations Prohibiting Discrimination and Human Trafficking

11.23 Supplemental Provisions

11.23.1 Applicability

11.23.2 Security Requirements

11.23.3 Right-of-Way Safety Training Requirements

11.23.4 Workplace Environment

11.23.5 CONFIDENTIAL INFORMATION

11.23.6 Delivering Confidential Information

11.23.7 Securing Confidential Information

11.23.8 Destroying Confidential Information

11.23.9 Unauthorized Release of Confidential Information

11.24 Federal Requirements

11.24.1 Federal Transit Administration Required Clauses

11.24.2 Fly America Requirements

11.24.3 Buy America Requirements

11.24.4 Charter Bus Requirements

11.24.5 School Bus Requirements

11.24.6 Cargo Preference Requirements

11.24.7 Seismic Safety Requirements

11.24.8 Special DOL Equal Employment Clause

11.24.9 Energy Conservation Requirements

11.24.10 Clean Water Requirements

11.24.11Bus Testing

11.24.12 Pre-Award and Post-Delivery Audits Requirements

11.24.13 Lobbying

11.24.14 Access to Records and Reports

11.24.15 Federal Changes

11.24.16 Clean Air

11.24.17 Recycled Products

11.24.18 Davis-Bacon and Copeland Anti-Kickbacks Acts

11.24.19 Contract Work Hours and Safety Standards Act

11.24.20 No Government Obligation to Third Parties

11.24.21 Program Fraud and False or Fraudulent Statements and Related Acts

11.24.22 Termination & Cancellation

11.24.23 Government-Wide Debarment and Suspension (Non-Procurement)

11.24.24 Privacy Act

11.24.25 Civil Rights Requirements

11.24.26 ADA Access Requirements

11.24.27 Breaches and Dispute Resolution

11.24.28 Patent and Rights in Data

11.24.29 Transit Employee Protective Agreements

11.24.30 Incorporation of Federal Transit Administration (FTA) Terms

11.24.31 Drug and Alcohol Testing

11.24.32 Transit Vehicle Manufacturer (TVM) Certifications

11.24.33 Metric Requirements

11.24.34 National Intelligent Transportation Systems (ITS) Architecture and Standards

11.24.35 Corridor Preservation

11.24.36 Veterans Employment

11.24.37 Air Quality / EPA and Fuel Economy

11.24.38 Federal Tax Liability and Recent Felony Convictions

11.24.39 Compliance with the National Defense Authorization Act

11.25 Federal Requirements – Disadvantaged Business Enterprises

11.25.1 Policy Statement

11.25.2 Definitions

11.25.3 Contractor Assurances

11.25.4 Required Subcontract Provisions

11.26 Terms & Conditions Signature

12. TECHNICAL RESPONSE

12.1. Technical Response Submission

12.2. Technical Response Components

12.2.1. RFP Attachment 1: Technical Response Cover Letter

12.2.2. Signatures

12.2.3. RFP Attachment 2: Technical Response Certifications

12.2.4. RFP Attachment 3: DBE Certifications and Affidavits

12.2.5. Signed Contract Terms and Conditions (RFP Section 11.26)

12.2.6. Proof of Insurance

12.2.7. Financial Statements

12.2.8. Introduction

12.2.9. RFP Attachment 4: Non-DBE Subcontractor List

12.2.10. Technical Proposal, in the sections noted below:

12.2.11. Exceptions, if any

12.2.12. Promotional Literature

12 PRICE PROPOSAL

13.1. Price Proposal Submission

13.2. Tax Exemption

13.3. Price Proposal Components

1. PROPOSAL INFORMATION

1.1. Invitation and Description of Work

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) invites proposals for the comprehensive midlife overhaul of its fleet of 40 HSP46 Diesel-Electric Locomotives. These locomotives, delivered in 2013, are facing reliability challenges stemming from known issues, premature component failures, and material degradation. The HSP46 Locomotive needs a midlife overhaul as described in the Technical Specification VE-23-

055, addressing both required life cycle maintenance actions and resolving the long-standing reliability issues. The designated locomotives shall be overhauled and updated in accordance with the requirements detailed in the

Technical Specification VE-23-055.

Listed is a summary of the key modifications to address known issues defined within technical specification VE-

23-055:

• Water/Moisture Ingress: Persistent leaks have been identified in various areas, including the headlight, windshield gaskets, nose cone, and auxiliary cabinet. These have led to equipment failures, particularly affecting the HEP Power Conditioning Box and other critical components. The project will evaluate airflow and filtration systems and consider design modifications to eliminate water and snow ingestion issues.

• Engine Package and Muffler Failures: Cracks in the silencer cradle and muffler frames have been linked to excessive vibrations. The overhaul will include an option to provide detailed testing and monitoring of the engine assembly to identify abnormal movements causing these failures.

• Fuel Tank and Fill Defects: Several locomotives have experienced longitudinal cracks in the fuel tank belly and around the fuel fill welds. Field modifications were performed, but additional cracks have been noted, necessitating a comprehensive review to determine whether a fleet-wide modification is required.

• Premature Turbo Failures: To provide an option to thoroughly review and test to understand the effects on the turbo both through the engine/exhaust package and internal cavitation that may occur due to air flow within the system. the contractor shall conduct a rigorous root cause analysis to determine the underlying factors causing the defects

• Exterior paneling: Incorporate a mechanical fastening design to ensure panel and component security.

The use of adhesive bonding as a primary or major method of attachment will no longer be allowed.

The project will require extensive upfront engineering and development to conduct root cause analyses of these issues. The Contractor will need to design and implement corrective actions approved by the authority, which will be validated through rigorous testing as outlined in the technical specifications.

The overhaul will begin with a Pilot Program phase, where two locomotives will undergo detailed assessment and upgrades. These pilot units will be subjected to extensive testing, including performance evaluations, reliability checks, and failure analysis. Based on the findings, adjustments will be made to optimize the overhaul process before commencing the Full-Scale Overhaul of the remaining fleet.

The successful completion of the project will restore the HSP46 fleet to a state of good repair, extend its service life by 15 years, and reduce life-cycle maintenance costs for the MBTA

The project must be conducted in accordance with the Technical Specification VE-23-055 (“Technical

Specifications” or “Specifications”). The Contractor will ensure compliance with all MBTA safety and FRA/CFR regulatory requirements, and coordinate closely with MBTA’s safety, quality compliance, and oversight teams to maintain high standards throughout the overhaul process.

Interested parties are invited to submit their proposals by January 07th 2025, in accordance with the guidelines provided in this RFP document.

• Base Proposal: The successful Bidder will deliver a comprehensive midlife overhaul for forty (40) HSP46

Diesel-Electric Commuter Rail Locomotives, including modifications to address known issues specified in

Technical Specification VE-23-055. Additionally, the Bidder will provide updated system and component training, manuals, specialized tools, and all necessary materials, equipment, and services.

Major project schedule milestones that must be met in the base Proposal include:

o Approval of all Modifications to address known issues and Final Design Reviews no later than 180 days from Notice to Proceed o Pilot Locomotive: Delivery of the Pilot Locomotive must be completed no later than 600 days from

Notice to Proceed.

Production deliveries of locomotives will commence 90 days after the conditional acceptance of the pilot locomotive. The Contractor shall deliver production units at a rate of no less than one (1) per month and no more than three (3) per month. All contract deliverables must be provided by the Contractor in accordance with the schedule and requirements outlined in Technical Specification VE-23-055.

Failure to comply with the above subjects the Contractor to Liquidated Damages as defined in Section 7.4.

The designated point of delivery shall be the Authority-approved Locomotive Commissioning location at 45 Kings

Highway, West Wareham, MA 02576.

• Options: The Authority reserves the right to exercise one or more of the following Optional work scope items within 30 days of contractor NTP unless otherwise noted. If executed, Option(s) will be incorporated into the entire fleet forty (40) locomotives unless otherwise stated. The following options shall become part of this requirement:

o Option 1 – ECU System Upgrade:

The contractor shall upgrade the engine control unit (ECU) panel and corresponding software, ensuring compliance with all EPA emissions regulations. This upgrade must be demonstrated to maintain full emissions compliance. The Authority requires that the ECU panel upgrade be closely coordinated with engine overhaul activities to guarantee continuous compliance.

The contractor must evaluate whether to update the existing vehicle control system or implement a new one. Regardless of the approach taken, the selected system must be designed to mitigate obsolescence risks throughout the 15-year life extension of the locomotive. Refer to Technical Specification VE-23-055, Section 5.7, "Engine System and Features," for detailed scope requirements.

In the proposal, the Contractor must provide a comprehensive plan outlining the solution to potential obsolescence issues for the selected vehicle control system.

o Option 2 – Turbo premature failure investigation:

Develop a detailed testing and monitoring plan for the engine assembly to identify abnormal movements causing premature turbo failures per technical specification VE-23-055 section 5.8 o Option 3 – Spare Engine Overhaul, Verification Testing, & Storage Maintenance Plan:

Contractor to overhaul, verify, and develop a long-term storage maintenance plan for one (1)

GEVO 3 main engine per technical specification VE-23-055 section 5.9. Authority reserves the right to exercise Option 3 within 120 days of NTP.

o Option 4 – Fuel tank investigation:

The Contractor shall provide a test plan and conduct additional inspections of the fuel tank's exterior and interior in accordance with Technical Specification VE-23-055, Section 6.6. The

Authority reserves the right to exercise Option 4 within 30 days following each fuel tank inspection by the Contractor.

o Option 5 – Water/moisture ingress investigation:

The Contractor shall assess and investigate the airflow and filtration system leading to the HEP conditioning box in accordance with Technical Specification VE-23-055, Section 7.5. Based on this evaluation, the Contractor shall develop a mitigation and implementation plan within

240 days of the Notice to Proceed (NTP). Upon approval of the design by the Authority, the

Contractor shall manufacture and install the approved system across the fleet of forty (40) units.

o Option 6 – Locomotive decommissioning:

Designated cab electronics per technical specification VE-23-055 section 11.4 not included in the overhaul will be removed by the Contractor, packaged and presented to the Authority for storage until unit has returned from overhaul.

o Option 7– One-year additional warranty:

The additional warranty for the HSP46 commuter rail locomotives includes comprehensive coverage for an additional one-year period beyond the original contractor’s warranty. The warranty applies to all covered components and parts of the product as specified in section 9 of this RFP. This warranty encompasses all equipment associated with the locomotives and ensures coverage for any defects in design, materials, or workmanship. In the event of a defect, the contractor is responsible for repair or replacement, bearing all associated costs, including labor and materials.

Option No.

Option Title

Quantity

Exercised Date

Option 1 ECU System Upgrade

(TS 5.7)

Qty 1-40 Within 30 days of

NTP

Option 2

Turbo Investigation

(TS 5.8)

Qty 1 Within 30 days of

NTP

Option 3 Spare Engine Overhaul, verification testing, and storge maintenance plan.

(TS 5.9)

Qty 1 Within 120 days of

Option 4

Fuel Tank Investigation

(TS 6.6)

Qty 1-40 30 days following each fuel tank inspection

Option 5

Water/Moisture Ingress Investigation

(TS 7.5)

Qty 40 Within 240 days of

Option 6

Locomotive Decommissioning

(TS 11.4)

Qty 38 At time of award

Option 7

Additional 1 year Warranty

(RFP 197F-24)

Qty 40 Within 1 year of

• Hidden Damages: The technical specification VE-23-055 outlines the baseline scope of work for the

HSP46 locomotive overhaul. However, the Authority acknowledges that throughout the program, some vehicles may require repairs or exhibit damage beyond what is specified. Such issues will be classified as

"Hidden Damage."

When the Contractor identifies work that exceeds the scope defined in the technical specification, they must promptly notify the Authority within twenty-four (24) hours. The Contractor will then prepare a pricing proposal per Attachment No. 7 (Hidden Damage Price Proposal) detailing the required labor hours, material costs, and a corrective action plan to address the hidden damage. It is important to note that the Authority is not obligated to approve or fund this additional work in part or in full, from the

Hidden Damage Allowance.

If the Authority agrees to proceed with the repairs, the parties will negotiate the necessary labor and materials to complete the additional work. All repairs must be approved by the Authority’s Technical

Project Manager and verified by the Authority's Resident Inspector.

The Contractor will be reimbursed from the Hidden Damages fund only for Authority-approved work and materials used, following the completion and conditional acceptance of the locomotive where the work was performed.

Upon delivery of each locomotive, the contractor shall submit a separate detailed payment invoice listing

(with appropriate documentation attached) of all approved additional costs incurred on each locomotive for “Hidden Damage” per Attachment No. 7. Hidden Damage invoices shall be processed separately from

Milestone invoices.

1.2 U.S. Domestic Provisions

This contract may be financed in part by means of a grant under the Urban Mass Transportation Act of 1964, as amended, and administered by the U.S. Department of Transportation, Federal Transit Administration (FTA), under a Capital Grant Contract between the Authority and the United States. The provisions of an FTA funded contract will apply.

All questions concerning the contract between the Authority and the Contractor, including all proposals thereof, shall be governed by and decided according to the law application to government procurement under Capital Grant

Contracts. Refer to FTA Circular 4220.1F entitled "Third Party Contracting Guidelines" for details.

Under the FTA Guidelines, the following protest procedures are applicable:

1. The FTA may entertain a protest that alleges that a grantee failed to have or follow its written appeal/protest procedures.

2. A protest must be filled with the FTA no later than 5 days after the protester knows or has reason to know that the grantee has failed to render a final decision.

3. A protest to FTA must be filed in accordance with FTA Circular 4220.1F, as amended.

NOTE: The Authority reserves the right to proceed with the procurement, in spite of the pending protest as set forth in FTA Circular 4220.1F, if such action is deemed in the best interest of the Authority.

1.3 Request for Proposals Timeline

Activity Date Time

RFP Release Thursday October 31st, 2024 2:00 P.M. EDT

Pre-Proposal Conference & Locomotive Walk

Around**

Thursday November 14th, 2024 10:00 A.M EDT

Request for Clarification Deadline Thursday November 21st, 2024 2:00 P.M. EDT

Answers to Clarification Deadline Monday December 02nd 2024 2:00 P.M. EDT

Final Addenda Deadline Friday, December 13th, 2024 2:00 P.M. EDT

Proposal Due Date Tuesday January 07th 2025 2:00 P.M. EDT

**Locomotive walk around will commence immediately after pre-proposal conference at the Boston Engine terminal Maintenance facility located at 70, Third Avenue, Sommerville MA 02143. Potential bidders will be allowed to visually inspect available HSP46 for a maximum of one (1) hour. All personnel are required to have appropriate footwear and PPE for locomotive walk around.

The MBTA reserves the right to modify this timeline. Requests for an extension of the Proposal Due Date must be submitted in writing, via Q&A in COMMBUYS no later than ten (10) business days prior to the Due Date. The

MBTA reserves the right to determine whether to accept such requests. All Bidders will be notified through

COMMBUYS of any extension granted.

1.4 MBTA Point of Contact and RFP Communications

MBTA’s Procurement and Logistics Department will be the sole contact for prospective Bidders during the Proposal process. It will coordinate and direct all managerial, administrative, and technical processes and decisions.

RFP# 197F-24 and all RFP Attachments, and Technical Specification VE-23-055 and all TS Attachments will be posted on the Commonwealth of Massachusetts’ COMMBUYS site, www.commbuys.com as Bid Number BD-24-

1206-40000-40000-109282. At the MBTA’s discretion, information regarding the proposal may be posted at other sites.

The MBTA’s Contracting Officer and point of contact for this RFP is Terunii Senevirratne, Strategic Sourcing

Manager, at tsenevirratne@mbta.com. Each Bidder must designate one individual to function as a point of contact with MBTA during the pre-Proposal period to facilitate communications and receipt of RFP documents and addenda, if issued.

The RFP is comprised of the following documents:

• Enclosures:

VE23-055 MBTA Overhaul of 40 HSP46 Locomotives Technical Specification

• Attachments:

o Attachment 1: Technical Response Cover Letter o Attachment 2: Technical Response Certifications o Attachment 3: DBE Certification o Attachment 4: Non-DBE Subcontractor List o Attachment 5: MBTA SSCPP (Safety and Security Certification Program Planning) o Attachment 6: Price Proposal o Attachment 7: Hidden Damages Price Proposal http://www.commbuys.com/ mailto:tsenevirratne@mbta.com

1.5 Evaluation Criteria

1.5.1 The Pass/Fail Evaluation Criteria:

• Legal

• Financial Stability

1.5.2 The Technical Evaluation Criteria are:

• Technical Description for Proposed Overhaul & Key Reliability Modifications 35%

• Bidder’s Experience, Past Performance, Qualifications, and Proposed staffing 25%

• Pilot program, Overhaul production, Testing & Validation Plans & Descriptions 15%

• Project Implementation, Approach, and Obsolesce Management Plans 15%

• Project Management & Quality Assurance Plans 10%

1.5.3 Total Proposal Price:

Award will be made to the Bidder who furnishes the Proposal, which in the opinion of the MBTA, provides the best value, meaning it is offered at a fair and reasonable price, and it offers services and equipment best suited for the MBTA’s requirements from a contractual and technical standpoint.

1.6 Selection and Competitive Negotiation Process

Proposals will be evaluated and awarded on a best value, competitive negotiated basis as described below. MBTA may request Bidder clarification of any minor informalities, irregularities, and apparent clerical mistakes. Any changes to the Response shall be evaluated at MBTA’s sole discretion.

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

Bidders are advised that all Proposals received are subject to the Massachusetts Public Records Law, G.L.c.66.

2. Technical Response Responsiveness Review: MBTA reserves the right, in its sole discretion, to determine if a Proposal 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, MBTA will consider such matters as the Bidder’s integrity, compliance with public policy (e.g., EEO record, debarment status, etc.), record of past performance, and financial and technical resources.

Upon receipt, Technical Responses will be reviewed for responsiveness to the RFP requirements, including

(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.

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

3. Pass/Fail Evaluation: Each Pass/Fail Evaluation Criterion will be evaluated by considering all information included in the Technical Proposal related to the criterion. 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.

4. Technical Proposal Evaluation: Each Technical Evaluation Criterion will be evaluated by considering all information included in the Technical Proposal related to the criterion. This evaluation may, at MBTA’s sole discretion, include requests for additional written information or clarification from any Bidder to assist in evaluation, including oral interviews, and references.

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.

Technical Proposals will be ranked, and those that most closely align with MBTA’s Evaluation Criteria will advance to the Price Proposal Evaluation. MBTA, in its sole discretion, reserves the right to limit the number of Proposals that are advanced to a Price Proposal Evaluation to those that MBTA deems most responsive to MBTA’s requirements.

5. Price Proposal Responsiveness Review: Price Proposals will be reviewed for responsiveness to RFP requirements, including (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.

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

6. Price Proposal Evaluation: This evaluation may, at MBTA’s sole discretion, include requests for additional written information or clarification from any Bidder to assist in evaluation.

7. Competitive Negotiation: A decision is made to:

a. Move to Contract. MBTA may elect to award a Contract without negotiation.

b. Reject all Proposals in the best interest of MBTA.

c. Negotiate with Bidders within the competitive range and with compliant

Proposals. The competitive range includes all Proposals which have a reasonable chance of being selected for award. If negotiation is used:

8. Each Bidder is formally notified in writing either that its Proposal is compliant and within the competitive range and when negotiations with that Bidder will commence, or that its Proposal is not compliant or not within the competitive range and is excluded from further consideration.

9. The Contracting Officer determines whether negotiations will be conducted by written correspondence or by oral discussion. All meetings are held individually under the direction of the Contracting Officer.

10. As part of negotiations, Bidders within the competitive range may modify their original Proposal and submit a revised Proposal or Best and Final Offer (BAFO), as directed by MBTA, by a common due date.

11. Competitive Negotiation steps are repeated as required.

Best Value Determination: MBTA will, in its sole discretion, determine which Proposal or Proposals represents the “best value” based on an analysis of the results of the Pass/Fail Criteria, Technical Proposal

Evaluation and the Price Proposal Evaluation.

1.7 Pre-Proposal Procedures

1. Pre-Proposal Conference & Locomotive Walk Around. An in-person conference will be held on

Thursday, November 14th, 2024. at 10:00 a.m. EDT at the Boston Engine terminal Maintenace facility second floor MBTA conference room located at 70 Third Avenue Summerville, MA 02143. Potential bidders will be allowed to visually inspect available HSP46 for a maximum of one (1) hour. All personnel are required to have appropriate footwear and PPE for locomotive walk around.

2. Attendees will need to pre-register via e-mail, before November 10th, 2024 with Terunii Senevirratne, Strategic Sourcing Manager at tsenevirratne@mbta.com to arrange access to the MBTA faculity .

3. Requests for Clarification (RFCs). RFCs should be submitted using COMMBUYS Q&A by

Thursday November 21st, 2024

4. Only one question/clarification may be submitted per question box in COMMBUYS.

5. All RFCs must be submitted by the date listed in Section 1.3.

6. MBTA has no obligation to respond to RFCs.

7. Should the MBTA make changes to any specification, stipulation, requirement, or procedure, notification will be made to all Bidders in the form of written Addenda. No officer, agent, or employee of the MBTA is authorized to amend any provision contained in this RFP, including the specifications, unless such amendment is issued as an Addendum and sent to all Proposers in accordance with this Section 1.7 (Pre-

Proposal Procedures).

8. The Authority will not review "Requests for Approved Equal" for specified components or systems during the RFC process. All approved equal proposals will be reviewed during preliminary design phase of the procurement with the selected Contractor.

9. Contract Document Revisions. If MBTA determines an issue or Request for Clarification warrants a response or a change to the Contract Documents, it will issue an Addendum. Any interpretation or revision to Contract Documents will be made only by an Addendum.

10. Addenda will be numbered sequentially and made available to Bidders on COMMBUYS.

11. The Bidder must acknowledge receipt of each Addendum by writing the Addendum number and date in the space provided on the Proposal Form and submitting the executed Form with their mailto:tsenevirratne@mbta.com

Proposal.

12. No officer, agent, or employee of the MBTA is authorized to amend any provision contained in this RFP, including the specifications, unless such amendment is issued as an Addendum.

13. Oral explanations or instructions are not binding.

14. MBTA reserves the right to revise or amend the Contract Documents in its best interests.

1.8 Preparation and Submittal of Proposals

A. General. Proposals must be submitted as follows:

1. The Bidder must submit its Proposal electronically, in accordance with all instructions and guidelines, through COMMBUYS no later than 2:00 p.m. EDT, Tuesday January 07th 2025. This electronic proposal is the official bid submittal.

In addition, the Bidder must submit paper copies of its proposal, in accordance with all instructions and guidelines, to the Terunii Senevirratne, Strategic Sourcing Manager, Massachusetts Bay Transportation

Authority - Procurement, 10 Park Plaza, Suite 4260, Boston, Massachusetts 02116 within 48 hours of the electronic due date.

a. The Bidder bears full responsibility for ensuring proper delivery of all Proposal documents.

b. The Proposal will be valid for 180 business days from the Proposal due date. If MBTA requires additional time for review, MBTA reserves the right to extend the validity of the

Proposal in increments of sixty (60) business days. Prices submitted remain in effect as originally submitted.

2. Electronic versions of both the Technical Response, including all components, and Price Proposal must be submitted on COMMBUYS as separate, clearly labeled files. Electronic copies of the Price Proposal should be provided both in PDF and Excel.

3. In addition, the Technical Response and the Price Proposal must also be sent as separate sealed submittals, together submitted as an entire package endorsed as “RFP No. 197F-24 – Overhaul of 40 HSP46

Locomotives

a. The Technical Response must be submitted in the quantities described in Section 12.2, sealed, and clearly marked “RFP No. 197F-24: Technical Response –HSP46 Locomotive Overhaul.”

b. The Price Proposal must be submitted in original plus three (3) copies, all of which must be enclosed, sealed, and clearly marked “RFP No. 197F-24: Price Proposal – HSP46 Locomotive

Overhaul.”

4. It is the Bidder’s responsibility to ensure its Proposal is complete and correctly submitted.

5. As described in Section 12.2, one (1) original copy of resolution, by-law, or Power-of-Attorney authorizing an Officer or Agent to sign on behalf of the Bidder must accompany the Proposal and any Contract which may ensue. All Proposals, Technical and Price, must be signed correctly with ink in the proper place provided. See Section 12 for additional requirements.

B. Technical Response.

1. Each copy of the Bidder’s Technical Response must be inserted into a three-ring binder and organized as described in Section 12. The Evaluation Criteria for the Technical Proposal and the weighted scoring assigned to each area are described in Section 1.5.

2. Contractual Information. The Bidder must utilize and fully complete all Proposal forms included in this RFP and listed in Section 12, specifically RFP Attachments 1, 2, 3, and 4.

3. The Bidder must meet all minimum requirements of the Contract Documents, including the components of Technical Response. The Bidder may, however, exceed the minimum requirements and may submit additional information describing its Proposal, within defined page limits.

C. Price Proposal.

1. Price Proposal. Using RFP Attachment No. 6: Price Proposal as specified in Section 13, the Bidder must specify a unit price in US dollars for each item for which a quantity is given.

a. In case of a discrepancy between the unit prices written in words and unit prices written in figures, the written words will govern.

b. The prices for any item, proposed and contracted for, unless otherwise noted or specified, must include full compensation for all materials, equipment tools, labor, and incidental work necessary to complete the items to the satisfaction of the MBTA.

c. All prices must be net, not subject to discount, and must include all royalties and costs arising from patents, trademarks, and copyrights involved in any way with the work.

d. The Price Proposal must include the cost of all applicable taxes, customs, duties, freight/transportation, and insurance for Delivery of Vehicles and all End Products.

e. The Price Proposal must be based upon the Schedule of Partial Payments described in Section 7.3

f. The Bidder’s submittal must be prepared as if it as Best and Final Offer. MBTA may award this

Contract without negotiation if it determines it has received the best value Proposal in accordance with the Contract Documents.

1.9 Pre-Contractual Expenses

A. MBTA will not be liable for any pre-contractual expense incurred by the Bidder, including but not limited to:

1. Preparing its Proposal in response to this RFP.

2. Attending the Pre-Proposal Conference.

3. Submitting its Proposal to MBTA.

4. Discussing or negotiating with MBTA any matter related to this Proposal; or

5. Any other expenses incurred by the Bidder prior to any date of Award.

B. The Proposal must not include any such expense as part of its proposal price.

1.10 Bidder’s Material Qualification

A. It is the responsibility of the selected Bidder (Contactor) to furnish complete End Products, materials and specialties of the type, design, and performance to result in integrated, operating End Product units and/or systems in accordance with the Technical Specifications.

B. The selected Contractor is fully responsible for the satisfactory delivery and operation of all equipment and materials covered by the contract documents, whether manufactured by the Contractor or manufactured by a

Subcontractor.

C. The selected Contractor must furnish evidence, if required by the Engineer, that equipment of comparable rating

(or higher) to that which the Contractor proposed to furnish, has been in satisfactory operation in similar applications. This provision will not apply to materials supplied by MBTA.

1.11 Proposal Opening

All bids received by the specified deadline will be publicly opened on January 7th, 2025, from 2:00 PM to 2:30

PM EDT. Interested parties may join the virtual meeting using the following link:

MS Teams Link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGQ3MzIwYTgtMTIzZi00YjBmLThlZDctNTQwODg4Njg3M2Fl%40thread.v2/0?contex t=%7b%22Tid%22%3a%227558e599-f006-481f-9717-b189e6730862%22%2c%22Oid%22%3a%22b3c31bc7-

947f-46b5-8e88-aa33492a20d4%22%7d

Meeting ID: 249 558 412 307

Passcode: zMbJCY

Please ensure you join promptly, as the opening will begin at the scheduled time.

1.12 Late Submissions, Modifications and Withdrawals of Offers

COMMBUYS will not accept proposals after the due date, and any offer received at the Procurement and Logistics

Department after the exact time specified for receipt as designated in Section 1.3 (Due Date) will not be considered.

Any modification of an offer, except a modification for “best and final” offer, is subject to the same conditions stated in Section 1.14.

Notwithstanding the above, a late modification of any otherwise successful offer that makes its terms more favorable to the Authority will be considered at any time it is received and may be accepted.

Proposals may be withdrawn by written notice to the Authority, or in person by the Bidder or an authorized representative of the Bidder at any time before award.

1.13 Rejection of Proposals

1. Any Proposal not in conformity with the requirements of MBTA as described in the Contract Documents may be rejected. MBTA reserves the right to reject any or all Proposals.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGQ3MzIwYTgtMTIzZi00YjBmLThlZDctNTQwODg4Njg3M2Fl%40thread.v2/0?context=%7b%22Tid%22%3a%227558e599-f006-481f-9717-b189e6730862%22%2c%22Oid%22%3a%22b3c31bc7-947f-46b5-8e88-aa33492a20d4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGQ3MzIwYTgtMTIzZi00YjBmLThlZDctNTQwODg4Njg3M2Fl%40thread.v2/0?context=%7b%22Tid%22%3a%227558e599-f006-481f-9717-b189e6730862%22%2c%22Oid%22%3a%22b3c31bc7-947f-46b5-8e88-aa33492a20d4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGQ3MzIwYTgtMTIzZi00YjBmLThlZDctNTQwODg4Njg3M2Fl%40thread.v2/0?context=%7b%22Tid%22%3a%227558e599-f006-481f-9717-b189e6730862%22%2c%22Oid%22%3a%22b3c31bc7-947f-46b5-8e88-aa33492a20d4%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGQ3MzIwYTgtMTIzZi00YjBmLThlZDctNTQwODg4Njg3M2Fl%40thread.v2/0?context=%7b%22Tid%22%3a%227558e599-f006-481f-9717-b189e6730862%22%2c%22Oid%22%3a%22b3c31bc7-947f-46b5-8e88-aa33492a20d4%22%7d

2. Proposals which fail to meet the requirements of the RFP submittal, are incomplete, include modifications to the RFP specifications, terms and conditions, or which change the intent of this RFP are prohibited and may disqualify a Proposal.

3. More than one Proposal from the same Bidder, whether the same or different names appear on the signature page, will not be considered.

4. MBTA reserves the right to waive minor irregularities, errors, or technicalities in Proposals.

1.14 MBTA Reservation of Rights

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:

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

2. 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.

3. 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.

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

5. Not select any Bidder or cancel this procurement.

6. Reject any and all submittals and Responses received at any time.

7. Modify all dates set or projected in this RFP.

8. Suspend and terminate Contract negotiations at any time and engage in negotiations with the Bidder with the next highest ranked proposal if negotiations are unsuccessful with the apparent successful Bidder.

9. Issue addenda, supplements, and modifications to this RFP.

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

11. Conduct presentations with Bidders, identify a short-list of Bidders, and conduct on-site visits at Bidder facilities.

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

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

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

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

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

17. Disqualify any Bidder that changes its submittal without MBTA approval.

18. 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.

19. Delay issuance of notice to proceed after execution of the Contract.

20. Conduct all or any portion of the Scope of Work itself.

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

This RFP does not commit the MBTA to enter 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.

In no event shall the MBTA be bound by, or liable for, any obligations with respect to the work to be performed under the Contract until such time (if at all) as the Contract, in form and substance satisfactory to the MBTA, has been executed and authorized by the MBTA and, then, only to the extent set forth therein; provided, however, that the foregoing disclaimer in this sentence shall not apply to the obligations of the MBTA to the Bidders during the procurement process, which obligations are expressly set forth in this RFP. In submitting a Response to the RFP, each Bidder is specifically acknowledging these disclaimers.

1.15 Appropriation Contingency

MBTA intends to seek federal funds for this Contract. If MBTA fails to attain federal assistance at any time, this

Contract may not be awarded or may be terminated.

1.16 Appeal/Protest Procedures

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 at www.mbta.com. If this procurement is federally funded with financial assistance from the Federal Transit Administration (FTA), interested parties may elect to issue a protest to the FTA if the interested party believes that the MBTA failed to follow the protest procedures identified above after exhausting MBTA’s appeals and protest procedure. These parties must exhaust all appeals and protest procedures with the MBTA first. Such protests to the FTA must be filed in accordance with FTA Circular 4220.1F, Chapter VII.

1.17 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:

1. 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.

http://www.mbta.com/

2. 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.

3. The Bidders shall not contact employees, representatives, and employees or other representatives of STV Inc.

regarding this RFP, the Contract, or the procurement.

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

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

COMMBUYS.

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

2. ABBREVIATIONS AND DEFINITIONS

2.1 Abbreviations

Wherever the following abbreviations are used in these Contract Documents or on the Plans, they are to be construed the same as the respective expressions represented.

A

AA

AAR

AATCC

AC

ACSES

ADA

AFBMA

AFI

AISC

AISI

AMCA

ANSI

APA

API

APS

APTA

APU

AREA

AREMA

ARI

ASA

ASC

ASES

ASHRA

ASIC

ASM

ASME

ASNT

ASTM

ATA

ATC

ATP

ATS

AWG

AWPA

AWS

Ampere

Aluminum Association

Association of American Railroads

American Association of Textile Chemists & Colorists

Alternating Current

Advanced Civil Speed Enforcement System

Americans with Disabilities Act of 1990 (as amended)

Anti-Friction Bearing Manufacturer's Association

Air Filter Institute

American Institute of Steel Construction

American Iron and Steel Institute

Air Moving & Conditioning Association

American National Standards Institute (formerly ASA and USASI)

American Plywood Association (formerly Douglas Fir Plywood Association)

American Petroleum Institute

Auxiliary Power Supply

American Public Transportation Association

Auxiliary Power Unit

American Railway Engineering Association (formerly ARA)

American Railway Engineering & Maintenance-of-Way Association

Air Conditioning & Refrigeration Institute

American Standards Association

Automatic Speed Control

Advanced Speed Enforcement System

American Society of Heating, Refrigeration and Air Conditioning Engineers

Application Specific Integrated Circuit

American Society for Metals

American Society of Mechanical Engineers

American Society for Non-Destructive Testing

American Society of Testing and Materials

Air Transportation Association of America

Automati…