7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP#: 53-26

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

127183

MOBILE DEVICE DEPLOYMENT SERVICES

Date Issued: March 27, 2026

RFP: 53-26 - 1 - COMMBUYS #: BD- 26-1206-MBTA-MBTA-127183

Project Name: Mobile Device Deployment Services Revision: 9/9/2025

Contents

1. INTRODUCTION

2. SCOPE OF WORK

2.1 Staffing Numbers and Schedule

2.2 Technicians General Responsibilities

2.3 Technician Expectations

2.4 Knowledge Required

2.5 Project Manager/Lead Responsibilities

2.6 Security and Background Requirements

2.7 Additional Services

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

3.4 Dissemination of Confidential Information

3.5 Examination of RFP

3.6 Rules of Contact

3.7 Clarifications of Specifications, Questions and Answers

3.8 RFP Addendum

3.9 MBTA Standard Contract and Terms & Conditions

3.10 Confidentiality / Public Information Act Disclosure Requests

3.11 Business Conduct

3.12 Collusion

3.13 Prices

3.14 Acceptance Period

3.15 Eligible Entities

3.16 Pre-Contractual Expenses

3.17 Tax Exemption

3.18 Insurance

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

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4.3 Acceptance of Response

4.4 Incomplete Response

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

6.2 Responsiveness Review and Basis of Award

6.3 Evaluation and Notification

6.4 Pass/Fail Evaluation

6.5 Technical Response and Supplier Diversity Evaluation Criteria

6.6 Price Response Evaluation

6.7 Basis of Award: Best – Value Proposal

6.8 Successful Bidder

6.9 MBTA Reserved

6.10 Appeal / Protest Procedures

7. CONTRACT STRUCTURE

Enclosure 1 – Bid Cover Letter

Form A: Pre-Award Bidder Evaluation Data Form

Form B: Technical Response

Form C: Small Business Program Attestation Form

7.1 MBTA Standard Contract Instructions (Section 8.0)

7.2 MBTA Standard Terms & Conditions Instructions (Section 8.1)

8. Massachusetts Bay Transportation Authority Standard Contract

8.1 Standard Terms and Conditions

RFP: 53-26 - 3 - COMMBUYS #: BD- 26-1206-MBTA-MBTA-127183

Attn: Bidder/s Request for Proposals (RFP) # 53-26 RFP Description:

Dear Prospective Bidder:

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuit to Mass. Gen. Laws, ch 161A (as amended) invites Bidders to participate in the competitive bid 53-26 for Mobile Device Deployment Services. 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 4/8/2026 2:00 PM, in full compliance with this RFP including but not limited to Section 3, Bidders Instructions and Procurement Process. This RFP shall remain in force until the execution of the Contract, or until modified or cancelled by the MBTA.

Respectfully, Mellissa O’Connor

Massachusetts Bay Transportation Authority

RFP # 53-26

COMMBUYS Bid # BD- 26-1206-MBTA-MBTA-127183

RFP: 53-26 - 4 - COMMBUYS #: BD- 26-1206-MBTA-MBTA-127183

1. INTRODUCTION

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) seeks a qualified vendor to provide a fully managed, vendor-managed augmented staffing solution to support the accelerated deployment of iPads (128GB, A16, Wi-Fi + Cellular enabled) for an enterprise training program serving approximately 3,750 frontline Operations employees, including staff from Vehicle Maintenance, Engineering & Maintenance, Rail Operations, and Engineering.

The deployment is scheduled to occur between May 2026 and November 2026 and will require a dedicated project manager and a team of up to seven (7) mobile device specialists, with staffing levels tapering to three (3) specialists in the final month to support project closeout activities.

The RFP is comprised of the following documents:

• RFP 53-26, and Form Enclosures including:

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

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

2. SCOPE OF WORK

The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”) is seeking a turnkey staff augmentation solution to manage and execute all aspects of an iPad deployment to approximately 3,750 frontline employees.

The primary deployment location will be 35 Charlestown Street, Somerville, Massachusetts, with potential deployments at up to two (2) additional locations as determined by the MBTA Training Department.

3. Deployment Requirements The Contractor shall provide qualified mobile device specialists to support iPad distribution across all shifts. Deployments will be structured as follows:

Up to three (3) training classes per day Approximately forty (40) employees per day Coverage across multiple shifts, as required by MBTA operations

The MBTA Project Manager will provide deployment schedules and location details to the Contractor’s.

Project Manager a minimum of one (1) week in advance to ensure appropriate staffing and coordination.

4. Device Handling & Logistics iPads will be delivered by the MBTA to each training location prior to scheduled deployment sessions Devices will be stored in a secure, designated location accessible to the Contractor’s staff The Contractor shall be responsible for managing distribution, tracking, and handoff of devices to employees during each session

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5. Staffing & Training The Contractor shall provide mobile device specialists and a dedicated Project Manager to oversee all deployment activities All Contractor personnel will be onboarded and trained by MBTA staff prior to the commencement of deployment activities The Contractor shall ensure all staff are prepared to execute deployments in accordance with

MBTA procedures and training protocols The Contractor shall be responsible for the successful coordination and execution of all deployment activities to ensure timely, efficient, and secure distribution of devices to MBTA personnel.

5.1 Staffing Numbers and Schedule

The MBTA anticipates that this project will require a phased staffing approach to support deployment activities. The Contractor shall provide onsite mobile device specialists and one (1) dedicated Project Manager in accordance with the staffing levels outlined below (exact dates subject to Contract execution):

Month of Deployment Total Number of Mobile Device Specialists

Total Number of Project Managers

May 2026 7 1

June 2026 7 1

July 2026 7 1

August 2026 7 1

September 2026 7 1

October 2026 5 1

November 2026 3 1

The Contractor shall ensure that all personnel are available and scheduled in alignment with MBTA deployment requirements.

Work Schedule and Shift Requirements

Each Mobile Device Specialist shall:

Work eight (8) hour shifts, Monday through Friday Report to the assigned deployment location at the start of each scheduled shift Support up to three (3) rollout sessions per day (one per training class)

The deployment schedule will operate across the following shifts:

First Shift: 6:00 AM – 2:00 PM Second Shift: 2:00 PM – 10:00 PM Third Shift: 10:00 PM – 6:00 AM

The Contractor shall be responsible for ensuring adequate staffing coverage across all shifts to meet deployment targets and maintain continuity of operations throughout the duration of the contract.

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5.2 Mobile Device Specialist General Responsibilities

The Contractor shall provide Mobile Device Specialists responsible for supporting all phases of tablet deployment, including pre-deployment, deployment, and post-deployment support. Duties shall include, but are not limited to:

Asset Management & Inventory

Add all newly received iPads to the MBTA Hardware Asset Management (HAM) system in ServiceNow, as directed

Transmit IMEI and serial numbers to Verizon Wireless (VZW) for activation Maintain accurate device inventory records and tracking spreadsheets Update VZW portal with user and device information

Pre-Deployment Activities

Verify all device and user information across ServiceNow, VZW portal, and tracking tools Confirm all devices are enrolled in Apple Business Manager (ABM) Update hardware assignments across all systems (e.g., VZW, Intune) Ensure users are assigned to appropriate Intune groups Apply asset tags to all devices Unbox devices and install into protective cases

Deployment Support

Distribute iPads directly to frontline staff prior to each training class Provide on-site “genius bar” support during deployment sessions, including:

o Immediate troubleshooting and assistance for newly issued devices o Answering user questions and providing general guidance o Assisting users with Help Desk coordination for password or MFA issues

Post-Deployment Support

Provide ongoing support to frontline staff across MBTA locations, primarily in Somerville, MA Respond to ServiceNow tickets as assigned Provide support via phone, email, and in-person interactions Troubleshoot device connectivity, access, and usage issues

5.3 Mobile Device Specialist Expectations

The Contractor’s personnel shall:

To provide comprehensive on-site iPad Support for our frontline workers before, during, and after deployment

Utilize MBTA issued laptops and assigned MBTA credentials to complete all ServiceNow tasks assigned, including closing tickets, adding and updating asset tracking data, and escalating issues to relevant parties.

Adhere to MBTA policies and procedures and policies set by MBTA’s internal mobile team such as ordering approvals, IT Asset Management (ITAM), process flows, etc.

Adding users and/or devices to existing groups in the MBTA’s Mobile Device Management Systems, Intune and Apple Business Manager (ABM)

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5.4 Required Knowledge and Experience

Mobile Device Specialists must demonstrate:

Experience supporting iOS devices in a high-volume enterprise environment utilizing Mobile

Device Management (MDM) systems Proficiency with:

o Apple iOS ecosystem o Microsoft Intune (MDM) o Apple Business Manager (ABM) o Verizon Wireless (VZW) portal o AppleCare support processes

Strong customer service and communication skills, including “white glove” support experience

5.5 Project Manager/Lead Responsibilities

The Contractor shall provide one (1) dedicated Project Manager responsible for overall coordination and delivery of deployment services. Responsibilities include:

Managing daily schedules and assignments of Mobile Device Specialists

Coordinating staffing logistics to ensure adequate coverage across all deployment locations and shifts

Serving as the primary point of contact for the MBTA Project Manager and stakeholders

Conducting weekly status meetings with the MBTA Project Manager to review progress, schedules, and issues

Acting as the first point of escalation for any Contractor personnel or performance-related concerns

Attending and supporting the project kickoff meeting during the first week of the Contract

Security and Background Requirements

The Contractor shall certify that it will comply with the MBTA’s Security Requirements as stated herein.

The selected Contractor shall:

5.5.1 Submit Personnel List

Submit a complete list of Contractor’s employees, subcontractors, and agents that will perform work for the MBTA under this Contract. This list must be submitted prior to eligibility consideration for payment of delivery or completion of the first milestone. At a minimum, the list shall include:

a) Name and Employee Number/Identifier

b) Address

c) Job Title

d) Hours and Location of Work

e) Certification that each listed individual has completed all MBTA required security awareness training prior to assignment.

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f) Confirmation whether any individuals will require remote access and, if so, attestation that they meet MBTA remote access security standards.

Note: Immediate notification, in writing, is required for listed employees, subcontractors, and agents who leave Contractor’s (direct or indirect) employment and/or any new employees, subcontractors or agents who are to be added to this list. Contractor is required to provide, upon request by the MBTA, periodic updates of the list throughout the life of the Contract.

5.5.2 Conduct Background Checks

Conduct for all current and future employees performing work under this Contract, a legally available criminal background check, including a Criminal Offender Record Information (CORI) background check with the Massachusetts Criminal History Systems Board and a driver’s history check with the Massachusetts Registry of Motor Vehicles (if applicable). The CORI check shall include a Level II Sex Offenders Registry check. To the extent not already available to the Contractor, the Contractor shall apply for and make best efforts to obtain CORI access. The Contractor shall provide written documentation to the Authority that demonstrates the Contractor’s compliance with the aforementioned requirements. Furthermore, the Contractor shall conduct these background and driver history checks at least once every two (2) years, or as otherwise specified by the MBTA.

Any employee of the Contractor’s with a history that includes a felony conviction, any conviction for theft, or who appears otherwise unsuitable to perform the work that is the subject of this solicitation throughout the Term of this Agreement or any extensions thereof, shall not be assigned by the Contractor to perform work under this Agreement.

Note: The MBTA reserves the right to have MBTA Transit Police perform the required background checks, and shall promptly notify the Contractor in writing of any such action.

a) Contractor shall require all assigned personnel to self report within 24 hours any new arrest, criminal charge, indictment, or change in eligibility related to CORI or Sex Offender Registry status. Contractor must notify the MBTA immediately upon receiving such information.

b) Contractor shall notify the MBTA when a contractor worker changes roles or responsibilities in a manner that increases their system access, triggers additional background screening, or alters their risk profile.

5.5.3 Identification Badges

Distribute an MBTA issued photograph Contractor identification badge to all Contractor employees, subcontractors, and agents who work on MBTA property. The contractor shall provide a current (less than 1 year old) photograph to the MBTA, along with the required completed badge issuance paperwork prior to being issued the badges. The following information shall be listed on the back of the contractor identification badges:

training certifications, safety training, and other related security training required by the MBTA. No employee, subcontractor or agent of the Contractor will be allowed on MBTA property without clearly displaying the MBTA issued identification badge on their person.

a) Contractor personnel must also wear their employer-issued company identification badge while on MBTA property.

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b) Photography, audio recording, or video recording inside MBTA facilities is prohibited unless explicitly approved in writing by the MBTA.

5.5.4 Physical Access Requirements

Ensure that Contractor’s employees, subcontractors, and agents:

a) Are not allowed on MBTA property except as required for stated work

b) Are not allowed on MBTA property before and after service hours unless explicitly, contractually required to be there; and

c) Are forbidden from carrying firearms on MBTA property.

d) Contractor personnel must remain in approved work areas and may not enter restricted or secure zones unless expressly authorized and escorted by MBTA staff.

e) Contractor personnel must comply with all MBTA Transit Police instructions and any facility-specific safety and security protocols.

5.5.5 Provide Security Related Documentation

Provide to the MBTA, upon request, any documents pertaining to:

a) Contractor employee, subcontractor or agent conduct on MBTA property;

b) Security training; and

c) Monitoring/auditing of Contractor employees or agents while on MBTA property.

d) Documentation confirming that Contractor personnel have acknowledged

MBTA’s Acceptable Use Policy and understand all rules governing access to MBTA systems and data.

e) Documentation demonstrating compliance with MBTA device handling rules, especially for mobile device deployment activities.

5.5.6 Compliance with New MBTA Policies

If, at any time during the term of this Agreement, and also during any and all extensions thereof, the MBTA establishes new or revised security policies and procedures as they relate to the Contractor’s performance under this Agreement, the Contractor shall comply with such policies and procedures as deemed reasonable by the MBTA and the Contractor.

a) Contractor shall ensure that assigned personnel complete any additional MBTA required training (including refresher security awareness training) introduced during the term of the Agreement.

b) Contractor shall ensure immediate implementation of any new system access requirements issued by MBTA, including MFA changes, password requirements, access restrictions, or updated device handling procedures.

5.5.7 Acceptable Use & System Access Requirements

Contractor personnel shall only access MBTA systems using individual, nonshared accounts, protected with MBTA approved authentication mechanisms, including Multi Factor Authentication (MFA) where required.

RFP: 53-26 - 10 - COMMBUYS #: BD- 26-1206-MBTA-MBTA-127183

a) Contractor personnel shall not store MBTA data on personal devices or transmit MBTA data via personal email, messaging apps, or unauthorized cloud storage.

b) Contractor shall ensure that Contractor-owned devices used to perform MBTA work comply with MBTA endpoint security requirements, including encryption, updated operating systems, and active anti-malware protections.

5.5.8 Mobile Device Handling Requirements

Contractor personnel supporting device deployment shall handle MBTA mobile devices in accordance with MBTA-approved workflows.

a) Contractor personnel may not photograph or record device serial numbers, user assignment lists, activation codes, or other inventory unless specifically authorized by MBTA.

b) Lost, missing, or stolen devices must be reported to MBTA immediately.

c) Device staging areas must remain secure, attended, and compliant with

MBTA physical security rules.

5.5.9 Remote Work & Off-Site Access Controls

Only applicable if Contractor personnel will access MBTA systems or handle devices off-site. All remote work must be approved by the MBTA in advance.

a) Remote system access must occur only through MBTA-approved secure remote access technologies. Use of public Wi-Fi without secure tunneling is prohibited.

b) MBTA materials may not be printed or stored off-site unless expressly authorized.

5.5.10 Offboarding Requirements

Contractor shall notify the MBTA within 24 hours when any Contractor personnel assigned to the MBTA separates employment, change's role, or is removed for any reason.

a) All MBTA system access for that individual must be terminated within 24 hours.

b) All badges, equipment, and MBTA-issued materials must be returned immediately.

c) Contractor shall certify that the departing individual retains no MBTA data on any device or medium.

5.5.11 MBTA Right of Removal

The MBTA reserves the right to remove any Contractor personnel from the project at its sole discretion. Contractor shall promptly provide a qualified replacement.

5.6 Additional Services

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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.

6. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

6.1 Bidders’ Conference

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

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

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

6.2 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.

RFP: 53-26 - 12 - COMMBUYS #: BD- 26-1206-MBTA-MBTA-127183

6.2.1 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.

6.2.2 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.

6.3 RFP Calendar and Delivery Instructions

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

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

TABLE: RFP CALENDAR

Procurement Activity Date Time

RFP issued 3/26/2026 Pre-bid conference

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Deadline for submission of Bidder questions via COMMBUYS Q&A 4/1/2026 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on COMMBUYS 4/3/2026 2:00 p.m.

Response Due Date 4/8/2026 2:00 p.m.

Contract Execution (estimated) 4/15/2026 Service Start Date (estimated) 4/29/2026

6.4 Dissemination of Confidential Information

Not Applicable

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6.5 Examination of RFP

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

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

6.6 Rules of Contact

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

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

The specific rules of contact are as follows:

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

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

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

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

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

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

6.7 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

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no relief for error or omission will be provided by the MBTA. Bidders shall submit, and the MBTA will respond to, questions and requests for written clarification in accordance with this Section 3.7.

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

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

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

6.8 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.

6.9 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.

6.10 Confidentiality / Public Information Act Disclosure Requests

6.10.1 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.

6.10.2 Public Disclosure of Response Documents

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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 6.10.3, unless otherwise required by law.

6.10.3 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.

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6.11 Business Conduct

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

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

a) any person employed or representing the MBTA;

b) any other person, including any public official;

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

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

6.12 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.

6.13 Prices

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

6.14 Acceptance Period

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

6.15 Eligible Entities

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

6.16 Pre-Contractual Expenses

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

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6.17 Tax Exemption

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

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

6.18 Insurance

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

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

7. SUBMISSION OF RESPONSE

7.1 Response Submissions

Responses shall be submitted via COMMBUYS.

Each Response shall be submitted in the following two parts:

a) Technical Response including:

Bid Cover Letter

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

Form A: Pre-Award Bidder Evaluation Data Form

Form B: Technical Response

Form C: Small Business Program Attestation Form

Proof of Insurance

b) Price Response as a separate document, including:

Form D: Price Response

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.

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

7.2 Power of Attorney

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

7.3 Acceptance of Response

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

7.4 Incomplete Response

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

8. MBTA POLICIES

8.1 Small, Minority, Women, and Other Disadvantaged Businesses

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

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

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

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

9. SELECTION PROCESS AND EVALUATION

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9.1 Response Opening and Confidentiality

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

9.2 Responsiveness Review and Basis of Award

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

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

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

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

9.3 Evaluation and Notification

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

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

9.4 Pass/Fail Evaluation

The Proposal will be evaluated based on the Pass/Fail Evaluation Criteria identified below. Each Bidder must obtain a “pass” on all Pass/Fail Evaluation Criteria in order for its Response to be eligible for

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selection. The MBTA may request Bidder clarification on a Pass/Fail Evaluation Criteria, after which MBTA may re-evaluate the Response, at MBTA’s sole discretion.

Criteria Evaluation

Methodology Evaluation Basis

Legal Pass/Fail Form A response

Financial Stability Pass/Fail Form A response

9.5 Technical Response and Supplier Diversity Evaluation Criteria

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

In addition to the Technical Response and Evaluation Criteria below, responses will also be evaluated based on the…