RFP 65-22 Storage Tank Environmental Compliance Services~3.pdf

7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

NON‐FEDERAL FUNDED

RFP#: 65‐22

COMMBUYS # BD‐ 22‐1206‐40000‐40000‐

74764

STORAGE TANK ENVIRONMENTAL

COMPLIANCE SERVICES

Date Issued: May 4, 2022

RFP: 65-22 - 1 - COMMBUYS #: BD- 22-1206-40000-40000-74764

Project Name: STORAGE TANK ENVIRONMENTAL COMPLIANCE SERVICES Revision: 09/10/2021

Contents

1. INTRODUCTION

1.1 RFP 65-22 Storage Tank Environmental Compliance Services (THIS RFP)

1.2 RFP 67-22 Storage Tank Maintenance and Repair Services (SEPARATE RFP; see COMMBUYS bid BD-22-1206-40000-40000-74479)

2. SCOPE OF WORK

2.1 Implement Compliance Program

2.2 Adapt Existing Processes and Infrastructure

2.3 Sump and Containment Pump Out Services

2.4 Monitoring, Reconciliation, and Analysis Services

2.5 Tank System Compliance Testing Services

2.6 Inspection Services

2.7 Consulting

2.8 Service Delivery

2.9 Train MBTA Staff: New Hardware and Software

2.10 On-Call Technical Services

2.11 Contractor Requirements

2.12 IT Requirements

2.13 Minimum Site Fee

2.14 Invoices and Payments

2.15 Reports

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bid Conference

3.2 Procurement Method

3.3 RFP Calendar and Delivery Instructions

Dissemination of Confidential Information

3.4 18

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

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3.10 Confidentiality / Public Information Act Disclosure Requests

3.11 Business Conduct

3.12 Collusion

3.13 Prices

3.14 Acceptance Period

3.15 Pre-Contractual Expenses

3.16 Tax Exemption

3.17 Insurance

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

4.4 Validity of Response

4.5 Incomplete Response

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

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 Proposal 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: Pricing Response

7.1 MBTA Standard Contract Instructions (Section 8.0)

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Revision: 09/10/2021

MBTA Standard Terms & Conditions Instructions (Section 8.1)

8. Massachusetts Bay Transportation Authority Standard Contract

8.1 Standard Terms and Conditions

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Attn: Bidder/s Request for Proposals (RFP) # 65-22 RFP Description:

Dear Madam/Sir, The Massachusetts Bay Transportation Authority (“MBTA” or “Authority”), a corporate and a political subdivision of the Commonwealth of Massachusetts, existing pursuit to Mass. Gen. Laws, ch 161A (as amended) invites Bidders to participate in the competitive bid 65-22. The Scope of Work is outlined below in Section 2. The MBTA may at its own discretion award contract(s) to one or multiple Bidders.

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

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

Michael Pillemer Massachusetts Bay Transportation Authority 10 Park Plaza, Room 2810 Boston, MA 02116 Email: mpillemer@mbta.com

The RFP shall be launched through COMMBUYS and proposals must be submitted electronically no later than 6/6/2022 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, Michael Pillemer

Massachusetts Bay Transportation Authority

RFP # 65-22

COMMBUYS Bid # BD- 22-1206-40000-40000-74764

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Revision: 09/10/2021

1. INTRODUCTION

The MBTA seeks services that will provide efficient and effective storage tank environmental compliance, while promoting operational readiness. The contract duration is three (3) years with two (2) one year options at the MBTA’s discretion.

The MBTA owns and operates over 200 aboveground and underground storage tank systems that are critical to its mission of servicing the transportation needs of the Commonwealth. These storage tank systems service over 50 different buildings and facilities including; bus and train maintenance facilities, stations, and support facilities (see Attachments A and B).

In conjunction with this bid, MBTA is releasing a separate bid for storage tank maintenance and repair services. Contractors are welcome to bid on one or both Requests for Proposal:

1.1 RFP 65-22 Storage Tank Environmental Compliance Services (THIS RFP)

1.2 RFP 67-22 Storage Tank Maintenance and Repair Services (SEPARATE RFP; see COMMBUYS bid BD-22-1206-40000-40000-74479)

The winning Contractor of RFP 65-22 will provide maintenance and repair work order recommendations to MBTA and coordinate execution of approved work orders with the winning Contractor of 67-22.

All quantities and schedules are estimates and the MBTA reserves the right to increase or decrease services as-needed.

2. SCOPE OF WORK

2.1 Implement Compliance Program

2.1.1 The Contractor will implement a Storage Tank Compliance Program that meets the following strategic goals:

2.1.1.1 Improve environmental management and understanding of storage tank systems

Subject matter expert consulting including State of Good Repair analysis and condition tracking

2.1.1.2 Improve operational readiness and minimize Risk through testing and inspections

Proactively maintain compliance to prevent leaks and releases

2.1.1.3 Provide incident and alarm response management and

prioritization

Monitor and respond to system leaks, alarms, failures, and malfunctions; response may include remote triage, facility inspection, liquid removal, pump outs, and/or maintenance and repair activities

2.1.1.4 Provide fuel and fluid product throughput tracking and inventory reconciliation

Track fuel and fluid to identify leaks and reconcile inventory

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2.2 Adapt Existing Processes and Infrastructure

2.2.1 The Contractor will adapt to MBTA existing processes and technology to address Program challenges/objectives:

Process Detail & Technology Used Challenges/Program Objectives Inventory Reconciliation 9 facilities/systems daily and monthly

Manual dispenser and VeederRoot tank gauge readings

Provide resident reconciliation system and SIR software Manage personnel to take necessary readings and data entry

ATG System Remote Monitoring 19 VeederRoot tank gauge systems Fax modem/telecom connections at portion of facilities

Provide resident monitoring software system Acknowledge and investigate all alarms accordingly Equip all ATGs for monitoring Portion of ATGs in unmanned spaces

Compliance inspection and testing activity planning and tracking

Manual tracking and scheduling via spreadsheet/Smartsheet applications

Accurate Tracking and Scheduling

Asset Management and Operations

Spreadsheet/smartsheet tracking Based on known data from subsequent inspections

Database accuracy Integration and transparency

Compliance Record and Document Control

Compliance documents and records retained internally in accordance with applicable regulations

Saving electronic documents to internal server Provide cloud-based web access

2.2.2 The Contractor must integrate with the following existing systems:

2.2.2.1 MassDEP UST Data Management System (DMS): Maintains

owner and operator information, storage tank registration and equipment status, and third party inspections (TPI)

2.2.2.2 Fluid Management Systems - iCommand and FleetWatch:

MBTA Operations will be phasing out iCommand and transitioning to FleetWatch.

2.3 Sump and Containment Pump Out Services

2.3.1 The Contractor will:

(a) Respond to non-emergency and emergency calls for individual pump out service.

(b) Pump out water, product debris or a mixture thereof from any and all sumps and secondary containments associated with a storage tank system.

(c) Inspect and pump out all sumps and secondary containments, including piping sumps, dispenser sumps, RFP: 65-22 - 7 - COMMBUYS #: BD- 22-1206-40000-40000-74764

Revision: 09/10/2021 spill buckets, tank containments, and interstitials.

(d) Trace and service recurring leaks into piping sumps

(e) Transport and dispose pump out material off-site

2.3.2 Routine/scheduled on-site pump outs will be managed through on-site disposal when possible; billed at Contractor’s On-Call Service rate.

2.4 Monitoring, Reconciliation, and Analysis Services

2.4.1 All services must be performed in accordance with system design standards, manufacturer requirements, and regulatory requirements.

2.4.2 The frequency of services will conform to regulatory agency requirements.

2.4.3 Automatic Tank Gauge (ATG) System Remote Monitoring Services

2.4.3.1 The Contractor will:

(a) Remotely monitor MBTA ATG systems through voice line, data line, or other communication infrastructure provided by MBTA

(b) Configure each ATG to send real-time Alarm Condition notifications to its monitoring center

(c) Notify the MBTA of alarms immediately in accordance with mutually agreed notification protocol (i.e. telephone calls and emails to MBTA-designated personnel)

(d) Capture, document, and retain ATG system status, inventory levels, and alarm conditions at least once per hour and provide these records to MBTA upon request

(e) Ensure all required ATG release detection testing and monitoring is performed in accordance with applicable regulations; notify the MBTA immediately upon failed/inconclusive results

(f) Provide the MBTA with web-based access to view current ATG conditions, tank inventory levels, test results, and historic electronic reports as needed.

(g) Notify the MBTA immediately upon loss of remote monitoring communication connectivity

(h) Provide a formal monthly report of ATG release detection results for each facility’s tank system(s) within fifteen (15) days after the end of each month; report format subject to MBTA approval and regulatory requirements.

2.4.4 Web-based Inventory Reconciliation Software Application Services

2.4.4.1 The Contractor will:

(a) Provide web-based storage tank reconciliation software application for use at MBTA bus and non-revenue fueling facilities; each facility will be assigned unique

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(b) Allow facilities to manually enter daily inventory reconciliation data: starting and ending tank volumes, delivery amounts, and dispensing activities.

(c) Receive automatic data entry from automated fuel management systems

(d) Calculate daily and monthly reconciliation variances and allowable thresholds

(e) Provide notification to MBTA within three (3) days if daily data is not entered or when a monthly result is a failure

(f) Provide a formal monthly report of inventory reconciliation results for each facility’s tank system(s) no later than seven (7) days after each calendar month

(g) Provide software training services to MBTA personnel

2.4.5 Statistical Inventory Reconciliation (SIR) Analysis Services

2.4.5.1 The Contractor will provide:

(a) Monthly statistical analysis services for inventory reconciliation at each MBTA fueling tank system

(b) A formal monthly report of SIR results for each facility’s tank system(s) within fifteen (15) days after the end of each month. SIR reports must include:

(a) Explanation and suspected cause for any inconclusive or failed results

2.4.5.2 The Contractor and SIR software system must be certified and approved by MBTA and regulatory agencies

2.5 Tank System Compliance Testing Services

2.5.1 All services must be performed in accordance with system design standards, manufacturer requirements, and regulatory requirements.

2.5.2 The frequency of services must conform to regulatory requirements.

2.5.3 Individuals performing testing must be trained and certified to perform the specific testing/certification.

2.5.4 ATG System Testing and Certification

2.5.4.1 Perform annual functionality testing and certification of ATG Systems.

2.5.4.2 Test, calibrate, clean, adjust, or align each component of the ATG system and monitoring equipment of the underground and above ground storage tanks.

2.5.5 Cathodic Protection System Testing

2.5.5.1 Perform annual testing of Cathodic Protection Systems.

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2.5.5.2 Measure for the presence of adequate corrosion protection of steel tank and piping system components in contact with soil or other corrosive environments.

2.5.6 Dispenser Calibration

2.5.6.1 Perform annual testing and calibration of electronic and mechanical meters and totalizers associated with motor fuel dispensing systems.

2.5.6.2 Ensure test equipment is sealed and certified to be accurate

2.5.6.3 Calibrate dispenser meters to within 1 cubic inch per gallon of product dispensed

2.5.6.4 Seal all successfully-calibrated meters

2.5.7 Emergency Stop Button Testing

2.5.7.1 Perform annual testing of Emergency Stop Buttons, Switches, Levers, and Valves designed to stop the flow of product in the event of an emergency.

2.5.7.2 Determine if each Emergency Stop properly shuts down

dispensing and pumping equipment.

2.5.7.3 Inspect for proper signage, labeling, and location of each Emergency Stop.

2.5.8 Helium Pinpoint Testing

2.5.8.1 Perform helium pinpoint testing of storage tank systems to evaluate the integrity of a system or related components.

2.5.9 Line Interstitial Testing

2.5.9.1 Perform tightness testing of double walled piping interstitials at least once every three years.

2.5.10 Impact Valve Testing

2.5.10.1 Test all impact valves associated with pressurized piping systems annually to determine the functionality of valve components, proper placement, and mounting brackets.

2.5.11 Spill Bucket Testing

2.5.11.1 Test all spill buckets annually to determine tightness.

2.5.12 Stage I Vapor Recovery System Testing

2.5.12.1 Test Stage I Vapor Recovery Systems annually.

2.5.13 Sump Testing

2.5.13.1 Test sump containments to determine tightness once every three years.

2.5.14 Dispenser Pan Testing

2.5.14.1 Test dispenser pan containments to determine tightness once every three years.

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2.5.15 Tank Tightness Testing

2.5.15.1 Upon MBTA request, perform Tightness Testing to evaluate integrity of Storage Tanks.

2.5.16 Line Tightness Testing

2.5.16.1 Perform Tightness Testing of all underground lines annually.

2.5.17 Automatic Line Leak Detector Testing

2.5.17.1 Perform Automatic Line Leak Detector testing annually.

2.5.18 Tank Interstitial Testing

2.5.18.1 Perform tightness testing of double walled Tank Interstitials at least once every three years.

2.5.19 Periodic In-service AST Tightness Testing

2.5.19.1 Perform Periodic In-service Tightness Testing of ASTs in accordance with regulations and applicable SPCC plans.

2.5.20 API 653 Out-of-Service AST Inspections and Tank Preparation

2.5.20.1 Perform API 653 Out of Service AST Inspections and Tank Preparation every ten (10) years or at other required intervals in accordance with regulations and applicable SPCC plans.

2.6 Inspection Services

2.6.1 All services must be performed in accordance with system design standards, manufacturer requirements, and regulatory requirements.

2.6.2 The frequency of services will conform to regulatory agency requirements.

2.6.3 Individuals performing inspections must be trained and certified to perform the specific inspections in accordance with regulatory agencies and the

MBTA.

2.6.4 Deficiencies discovered during inspections must be repaired/corrected immediately; or within another timeframe approved by MBTA, no later than thirty (30) days from inspection and billed as Non-Emergency or Emergency On-Call Service.

2.6.5 Third Party UST Inspection

2.6.5.1 Perform Third Party Inspections of UST facilities every three years or at other required intervals in accordance with regulations.

2.6.6 Monthly UST Inspections

2.6.6.1 Perform monthly inspections of UST and Motor Vehicle

Dispensing facilities every calendar month.

2.6.6.2 Inspect:

(a) STP

(b) Tank Piping

(c) Piping Transition Sumps

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(d) Dispenser Sump Containments

2.6.6.1 At least once every twelve (12) months, inspect and test Overfill Prevention Equipment in use at time of inspection for proper installation/operation, including:

(a) Automatic shut-off drop tubes

(b) Ball floats

(c) High level alarms

2.6.6.2 Complete monthly Inspection Forms that include all inspection points and criteria required by regulations.

2.6.6.3 Individuals performing Monthly UST Inspections must be certified as Class A, B, or A/B Operators.

2.6.7 Monthly SPCC AST Inspections

2.6.7.1 Perform monthly inspections of ASTs every calendar month.

2.6.7.2 Complete monthly Inspection Forms that include all inspection points and criteria required by regulations.

2.6.8 Semi-annual AST Inspections

2.6.8.1 Perform semi-annual inspections of ASTs not associated with MBTA SPCC Plans at least every six months.

2.6.8.2 Complete Inspection Forms that include all inspection points and criteria required by regulations.

2.6.9 Annual In-use AST Inspections

2.6.9.1 Perform annual in-use inspections of ASTs every twelve (12) months or at other intervals in accordance with regulations.

2.6.9.2 Complete Inspection Forms that include all inspection points and criteria as required by regulations and SPCC plans.

2.6.10 Web-based Inspection Management System

2.6.10.1 All Inspection Forms must be completed by inspectors in a web-based inspection management system provided by the Contractor. The web system must:

(a) Be accessible for MBTA review at any time

(b) Allow MBTA to create and perform inspections in the system as needed

2.7 Consulting

2.7.1 The Contractor will provide:

2.7.1.1 UST/AST General Consulting Services

(a) Regulatory Direction

(b) Research

(c) Reporting

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2.7.1.2 UST/AST Permitting and Administrative Services

(a) Storage Tank Permit Applications

(b) Management

(c) Review

(d) Research

(e) Reporting

2.7.1.3 LSP and PE Consulting Services

(a) Regulatory Direction

(b) Research

(c) Reporting

2.8 Service Delivery

2.8.1 Hours

2.8.1.1 Work will be performed from 5:00AM to 5:00PM Monday-

Friday, excluding MBTA-observed holidays

2.8.1.2 Services may be scheduled as well as performed on an as-needed basis upon request of the MBTA.

2.8.2 MBTA Notification

2.8.2.1 Contractor must notify the MBTA Project Manager forty-eight

(48) hours in advance to schedule or perform any work under this contract, with the exception of Emergency On-Call Service (see section 2.10.2).

2.8.2.2 Contractor must check-in and check-out with the designated MBTA representative to verify and sign a time slip.

2.8.3 Replacement Parts, Materials, Rental Equipment

2.8.3.1 Contractor will provide OEM replacement parts except when no OEM part is available; non-OEM parts may be substituted for unavailable OEM parts with MBTA approval.

2.8.3.2 Contractor will need to furnish approximately $50,000 of Replacement Parts and Rental Equipment per Contract year.

2.8.3.3 Contractor will be reimbursed for actual delivered cost of approved replacement parts and rental equipment; includes incurred freight/transportation/shipment costs, less discounts/rebates and mark-up for overhead/profit.

2.8.3.4 Transportation costs incurred for expedited delivery in less than three (3) to five (5) business days will be reimbursed by the MBTA; expedited delivery must be pre-approved by MBTA in writing.

2.8.3.5 Contractor will submit vendor receipts to the MBTA for all replacement parts and rental equipment as a prerequisite for reimbursement.

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2.9 Train MBTA Staff: New Hardware and Software

2.9.1 The Contractor will be responsible for training MBTA staff upon installation of new hardware/software.

2.9.2 The Contractor will provide training manuals via hardcopy, web link, and PDF on a portable hard drive.

2.10 On-Call Technical Services

2.10.1 Non-Emergency Service

2.10.1.1 The Contractor will remedy non-emergency conditions:

(a) Non-emergency alarms

(b) Observation of water in the tank/piping sump

(c) Probe failure

2.10.1.2 The Contractor will respond to service requests within five (5) calendar days and complete service within ten (10) calendar days.

2.10.1.3 Non-emergency service under this contract will be performed from 5:00AM to 5:00PM Monday-Friday, excluding MBTA-observed holidays.

2.10.1.4 Contractor will check-in and check-out with MBTA personnel on a timeslip that includes a list of work performed.

2.10.2 Emergency Service

2.10.2.1 The Contractor will remedy emergency conditions:

(a) Alarm for emergency conditions i.e. potential leaking condition on tanks/equipment

(b) evidence for loss of product

(c) failed tank or line tightness test

(d) failed cathodic protection test

2.10.2.2 Contractor must provide three (3) individuals capable of receiving Emergency Service calls on a 24-hour, 365-day per year basis.

2.10.2.3 The Contractor must be on-site no later than four (4) hours from request and must complete service within ten (10) calendar days.

2.10.2.4 Contractor will check-in and check-out with MBTA personnel on a timeslip that includes a list of work performed.

2.11 Contractor Requirements

2.11.1 For the last five (5) consecutive years, the Contactor must have:

2.11.1.1 Continuously engaged in the business of inspecting, testing, calibrating, servicing and performing preventative maintenance on underground and aboveground fuel storage tanks of similar size and scope.

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2.11.1.2 Conducted training for fuel storage system operation and inspection.

2.11.2 Personnel Requirements

2.11.2.1 Within five (5) business days of Notice to Proceed date, the Contractor will submit:

(a) Resumes and documentation evidencing proof that Contractor’s service representatives possess the requisite work experience to perform contract services.

MBTA will notify Contractor in writing regarding any objection to proposed service personnel; Contractor will provide substitute personnel that meet the requirements to perform services.

(b) All required licenses, certifications, documentation of required training, resumes and/or other documentation as proof that Contractor’s personnel are qualified, including:

(a) Class B or Class A/BUST Operator (MassDEP

310 CMR 80.00)

(b) UST Third Party Inspector (MassDEP 310 CMR 80.00)

(c) Cathodic Protection Tester (MassDEP 310 CMR 80.00)

(d) Certified UST System Tightness Tester (MassDEP 310 CMR 80.00)

(e) Basic UST Inspector Compliance Training

(NEIWPCC, EPA 3500.1)

(f) Massachusetts Registered Professional Engineer

(502 CMR 5.00)

(g) Licensed Site Professional (309 CMR 3.00)

(h) API 653 Inspector (502 CMR 5.00)

(i) API SP00l Inspector (502 CMR 5.00)

(j) SIR (MassDEP 310 CMR 80.00, EPA/530/UST- 90/007, or equivalent)

(k) VeederRoot Technical Safety (VeederRoot Manufacturer)

(l) VeederRoot Level 1 Installation (VeederRoot Manufacturer)

(m) VeederRoot Level 2/3 Startup/Service (VeederRoot Manufacturer)

(n) OSHA-10 Hour Construction Industry Outreach

(OSHA 29 CFR 1926)

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(o) Documentation of Calibration of all Test Equipment (Test Equipment Manufacturer)

2.12 IT Requirements

2.12.1 Access

2.12.1.1 Inventory Reconciliation, ATG Remote Monitoring, and any associated document repository must be web-enabled with remote access options to support upwards of fifty (50) users at multiple MBTA locations.

2.12.2 Backup and Repatriation

2.12.2.1 The technology will offer sufficient storage capacity and will provide a periodic backup option e.g. monthly, quarterly, yearly backup.

2.12.2.2 Upon MBTA request, Contractor will extract its entire database in .CSV or MBTA-approved format and deliver the electronic file to the MBTA.

2.12.3 Service Level Agreement

2.12.3.1 Contractor must provide a Service Level Agreement that includes a service credits policy; MBTA will be credited for downtime beyond SLA terms.

2.12.3.2 Contractor’s Service Level Agreement will define how the SLA is measured (in terms of application) and reported (monthly basis).

2.12.4 Security

2.12.4.1 Contractor’s technology will use industry standard security protocols that comply with MBTA’s Privacy and Security Policy (Attachment C) and MBTA Cloud Terms (Attachment D).

2.12.4.2 Contractor must submit a Security Plan with the bid proposal.

2.13 Minimum Site Fee

2.13.1 Contractor may charge a minimum site fee if total billable work performed per site is less than the value assigned to this section.

2.13.2 Minimum site fees are limited to two (2) charges per day.

2.14 Invoices and Payments

2.14.1 Contractor must submit invoices on a monthly basis no later than thirty (30) days after completing work.

2.14.2 Invoices must be itemized in accordance with the Form C Pricing Form schedule.

2.14.3 Invoices must include work slips that contain:

2.14.3.1 Signature of MBTA facility contact/designee for all work performed

2.14.3.2 List of replacement parts

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2.14.3.3 List of rental equipment

2.14.3.4 Vendor receipts for replacement parts and rental equipment, including applicable markup.

2.14.3.5 Dates and time periods for work performed

2.14.3.6 Description of work performed

2.14.4 Contractor must submit an MBTA-approved Maintenance Service Report with the monthly payment invoice (see section 2.15.3)

2.15 Reports

2.15.1 Contractor will provide formal web-based reports to the MBTA for all Testing, Calibration, Inspection, and Maintenance services performed.

2.15.2 Reports must include:

2.15.2.1 Facility location

2.15.2.2 Date and time of service

2.15.2.3 Service company name

2.15.2.4 Name and signature of technician

2.15.2.5 Summary of work performed

2.15.2.6 Pertinent photos

2.15.2.7 Any other necessary test results or documentation required by applicable regulations

2.15.3 Maintenance Service Reports must include a description of maintenance for each tank system including a list of components that required repair or replacement; these reports are subject to MBTA approval.

2.15.3.1 In the event that MBTA Project Manager(s) do not approve the Maintenance Service Report, Contractor will resubmit the report to address MBTA comments.

2.15.4 In addition to the data and reports required in the scope, the vendor will be responsible for cultivating available historical data obtained from a variety of sources including MBTA and regulatory agencies.

2.15.4.1 Formats of historical data will be in hardcopy and/or electronic formats.

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bid Conference

There will be a bid conference on 5/13/2022 at 11:00AM EST via Microsoft Teams. See the link and phone number for the meeting below:

Join on your computer or mobile app Click here to join the meeting Full meeting URL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjhhY2JlMTEtMTc0MC00NDJlLWE4MDUtNjM1MjIyMWRlMTQ2%40thread.v2

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

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

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

3.2 Procurement Method

This RFP is issued pursuant to the following laws and regulations: 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 response be made available to all Bidders via COMMBUYS.

RFP: 65-22 - 18 - COMMBUYS #: BD- 22-1206-40000-40000-74764

Revision: 09/10/2021

3.2.1 MBTA DESIGNATED REPRESENTATIVE

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

3.2.2 INDENTIFICATION OF BIDDER DESIGNATED REPRESENTATIVE

When submitting a Bid, the Bidder must identify to the MBTA’s Point of Contact its own Designated Representative to act on behalf of the Bidder relating to this procurement.

3.3 RFP Calendar and Delivery Instructions

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

COMMBUYS.

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

TABLE: RFP CALENDAR

Procurement Activity Date Time

RFP issued 5/4/2022 Pre-bid conference via Microsoft Teams. See meeting link in section 3.1 “Bid Conference”.

5/13/2022 11:00 a.m.

Site Visit – Upon Request Deadline for submission of Proposer questions via

COMMBUYS

5/25/2022 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

5/27/2022

Response Due Date 6/6/2022 2:00 p.m.

Contract Execution (estimated) 7/1/2022 Service Start Date (estimated) 11/1/2022

3.4 Dissemination of Confidential Information

Not Applicable

3.5 Examination of RFP

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

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

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Revision: 09/10/2021

3.6 Rules of Contact

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

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

The specific rules of contact are as follows:

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

ii. No Bidder or representative thereof shall have any ex parte communications regarding the RFP, the Contract, or the procurement described herein with any member of the MBTA’s Fiscal and Management Control Board (“FMCB”), the Massachusetts Department of Transportation (“MassDOT”) Board of Directors, or with any MassDOT or MBTA staff, advisors, contractors, or consultants involved with the procurement, except for communications expressly permitted by the RFP or except as approved in advance at the MBTA’s 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 FMCB or MassDOT Board of Directors or any public or Bidder workshop related to this

RFP.

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

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

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

3.7 Clarifications of Specifications, Questions and Answers

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

RFP: 65-22 - 20 - COMMBUYS #: BD- 22-1206-40000-40000-74764

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

3.8 RFP Addendum

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

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

It is each Bidder’s responsibility to check the 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 the COMMBUYS.

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

3.9 MBTA Standard Contract and Terms & Conditions

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

3.10 Confidentiality / Public Information Act Disclosure Requests

3.10.1 Disclosure Waiver

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

3.10.2 Public Disclosure of Response Documents

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

3.10.3 Disclosure Process for Requests Under the Public Records Law

All written correspondence, exhibits, reports, printed material, photographs, tapes, electronic disks, and other graphic and visual aids submitted to the MBTA during this procurement process, including as part of the response to this RFP, become the property of the MBTA upon their receipt by the MBTA and will not be returned to the submitting parties. Except as provided in the Public Records Law, all materials submitted to the MBTA are subject to release as public records. Bidders shall familiarize themselves with the

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Revision: 09/10/2021 provisions of the Public Records Law. In no event shall the MBTA, or any of their agents, representatives, consultants, directors, officers, or employees, be liable to a Bidder or Bidder team member for the disclosure of all or a portion of a Response or related information submitted during this procurement.

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

If the MBTA receives a request for public disclosure of all or any portion of a Response or its related information that is designated as ”trade secret - proprietary,” the MBTA will endeavor to use reasonable efforts to notify the applicable Bidder of the request. The Bidder can assert, in writing and at its sole expense, a claimed exception under the Public Records Law or other applicable law, within the time period specified in the notice issued by the MBTA and allowed under the Public Records Law. The Bidder can choose to defend any action seeking release of the records it believes to be confidential information. The Bidder shall indemnify, defend, and hold harmless the MBTA and its agents and employees from any judgments awarded against the MBTA and its agents and employees in favor of the party requesting the records, including any and all costs connected with that defense. This indemnification survives the MBTA’s cancellation or termination of this procurement or award and subsequent execution of a Contract.

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

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

3.11 Business Conduct

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

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

a) any person employed or representing the MBTA;

b) any other person, including any public official;

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

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

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Revision: 09/10/2021

3.12 Collusion

The Bidder understands that any Bid submitted to the MBTA is made without collusion with any other Bidder submitting a Bid on the same commodity / service, and is in all respects fair and without fraud.

3.13 Prices

Each Bid must contain the 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 C Pricing Response (EXCEL ATTACHMENT). The unit price / rate shall prevail in case of an error in price extension. Prices submitted shall be valid throughout the Acceptance Period.

3.14 Acceptance Period

The Authority requires a minimum Acceptance Period of at least one hundred and eighty (180) calendar days. In case the MBTA requires an extension, the MBTA will notify all Bidders accordingly. “Acceptance Period” for purposes of this solicitation means the number of calendar days available to the MBTA for awarding a contract based on the Due Date specified in this solicitation for receipt of Bids.

3.15 Pre-Contractual Expenses

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

3.16 Tax Exemption

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

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

3.17 Insurance

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

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

Responses shall be submitted via COMMBUYS.

Each Response shall be submitted in the following two parts along with Enclosure 1 Bid Cover Letter:

a) The Technical Proposal (PDF Document Attachment: “Form B Technical Response”)

b) The Price Proposal (Excel Document Attachment: “Form C Pricing Response”)

See Enclosure 1 for checklist with all required bid submission materials.

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Revision: 09/10/2021

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 Proposal and Price Proposal shall be completely separate documents.

Bidder Financials shall be included in Technical Proposal only.

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

4.2 Power of Attorney

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

4.3 Acceptance of Response

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

4.4 Validity of Response

The Response is irrevocable, and shall remain valid and open for acceptance,…