7.1.1

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSALS (RFP)

RFP: 76-26

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

130939

INTEGRATED PEST MANAGEMENT PLAN

Date Issued: June 29th, 2026

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Project Name: Integrated Pest Control Revision: 9/9/2025

Contents

1. INTRODUCTION

2. SCOPE OF WORK

2.1 Expected Contract Duration

2.2 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 Pre-Bid Conference

3.5 Dissemination of Confidential Information

3.6 Examination of RFP

3.7 Rules of Contact

3.8 Clarifications of Specifications, Questions and Answers

3.9 RFP Addendum

3.10 MBTA Standard Contract and Terms & Conditions

3.11 Confidentiality / Public Information Act Disclosure Requests

3.12 Business Conduct

3.13 Collusion

3.14 Prices

3.15 Acceptance Period

3.16 Eligible Entities

3.17 Pre-Contractual Expenses

3.18 Tax Exemption

3.19 Insurance

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

4.2 Power of Attorney

4.3 Acceptance of Response

4.4 Incomplete Response

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

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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

Form D: Pricing Response

7.1 MBTA Standard Contract Instructions (Section 8.0)

7.2 MBTA Standard Terms & Conditions Instructions (Section 8.1)

Massachusetts Bay Transportation Authority Standard Contract

a) Standard Terms and Conditions

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Attn: Bidder/s Request for Proposals (RFP) # 76-26 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 76-26. 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 27th July 2026, 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 # 76-26

COMMBUYS Bid # BD- INSERT NUMBER

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1. INTRODUCTION

The Massachusetts Bay Transportation Authority (herein known as the “MBTA” or the “Authority”) invites proposals from qualified pest control firms interested in entering into a Service Agreement for Pest Control Services and an Integrated Pest Management Plan (IPM) at the selected locations designated as the Core, Non-Core North, Non-Core West, and Non-Core South, as outlined in attachments 1-4.

Vendors will be allowed to bid on as few as one zone, or any many as four zones. However, all zones are considered separately and winning the bid on one zone does not guarantee winning a bid on a separate zone. The MBTA will allow Prime Contractors the use of sub-contractors for this contract. The MBTA reserves the right to only award contracts on selected zones after the bids are reviewed.

2. SCOPE OF WORK

The MBTA’s mission is to provide safe, clean, and reliable transportation that is free of rodents and similar pests. The primary objective of this contract is to procure preventative and corrective maintenance services to address, and ultimately reduce, the number of pest-related work orders in the MBTA system of record.

Over a five-year period from 2021 – 2025, the MBTA issued approximately 4,816 pest-related work orders in order to maintain a safe and comfortable environment for Riders and Employees.

The MBTA requires implementation of Integrated Pest Management (IPM) at four separate zones across the MBTA system (see Attachments 1-4). The IPM Plan must be thoughtfully designed and updated as necessary to address persistent or evolving needs. The services required under this contract include but are not limited to Insects, Rodents, Bed Bugs, Cockroaches, and Birds, however, the majority of service requests are typically intended to address mice and rat populations.

A. Details of Scope

The Scope of Work includes: 1) scheduled monthly IPM services and 2) additional ad hoc services for sustained coverage of a particular area or request (ex. servicing bait stations, monitoring discovered infestations, etc.) or an emergency response to work order or on-call request. Please find additional information below:

a. General

i. Name and contact information for the Pest Control Contractor and the IPM Team members;

ii. Emergency contact information (the Contractor must be available twenty-four (24) hours per day, seven days (7) per week, 365 days per year).

b. Plan

i. Tolerance thresholds or definitive goals for each project specific pest of concern

ii. Proposed frequency of inspections, visits, and activities to be performed

iii. Proposed methods, materials, quantities, and equipment for service

iv. Proposed methods and schedule for monitoring and detection

v. When applicable, the date of planned initial pesticide application and continuing service schedule for each activity location (including duration and frequency)

vi. Preventative measures and maintenance that will be undertaken prior to the start

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of work and during construction which can include evaluation of the laydown area that may contain construction materials, construction debris, and trash

vii. An action plan for any existing infestations that is tailored to the specific species and site

viii. A site reconnaissance and evaluation of the potential effects of pest displacement and migration associated with the work and approaches for mitigation of those effects

ix. The vendor is responsible for updating the IPM to reflect any changes or modifications to the pest management approach or techniques. Any changes in approach or techniques must be submitted to the MBTA for review and authorization before IPM implementation. In addition to the IPM, Post-inspection Reports and Operations Logs must also be provided.

x. The vendor shall submit proof to the MBTA of compliance with the requirements of Massachusetts General Law Chapter 132 (B) (6B). Chapter 132(B)(6B) subsections pertain to the provision of notices to the Department, and various elected officials and municipal administrators (including posting in the newspaper) at least 48 hours prior to spraying, releasing, depositing, or applying pesticides; the content of the notice and timing of submittals.

xi. The vendor shall also submit proof of compliance with the Massachusetts Right-to-Know law MGL c 111F, Massachusetts hazard communication standards 105 CMR 670 and 454 CMR 21.00, and federal OSHA Hazard Communication Standard 29 CFR 1920.1200, which include but are not limited to requirements for communication of chemical hazards, safety data sheet (SDS) access, personal protective equipment, chemical labeling, management and storage, and employee training.

xii. Summary of the effectiveness of the program will be evaluated and documented.

1. Products

a. Provisions for utilizing environmentally friendly products as a first resort before using pesticides or other potentially harmful products

b. Manufacturer's application instructions for the approved toxicants used on each site

c. Current updated Safety Data Sheets (SDS) for all approved pesticides or other hazardous substances and chemicals in association with implementation of the IPM Plan

i. Pesticides must not to be stored at MBTA sites without explicit pre-approval by the Authority. If storage is required/requested by the Contractor, the IPM Plan should include a description of temporary storage locations and comply with the SDS and manufacturer storage guidelines and related requirements

d. Reports

i. Project-specific documentation including but not limited to: pest logging and reporting procedures, complaints and reports from the public, staff, employees, tenants, and MBTA personnel, as applicable.

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B. ADDITIONAL PEST CONTROL SERVICES

In addition to routine monthly IPM support, the Contractor may be asked to provide the following additional services:

Sustained coverage of a particular area or request based on the needs of the MBTA (for example, servicing bait stations, monitoring infestations, etc.). All sustained services must be pre-approved by the MBTA Contracting Officer. Service requests will be paid based on the hourly rate approved in the Contract. The Contractor must respond to work orders within 24 hours for routine work order requests.

Emergency response to work order or on call request. The Contractor(s) shall arrive on-site to respond to any pest control work order requests within 4 hours. The Contractor must maintain 24/7 response capability for emergency work order requests.

1. The Contractor will receive work orders via the MBTA’s Enterprise Asset Management System (EAM, powered by Trapeze) Technician portal and will self-report their progress to the MBTA Contracting Officer via email. Timestamped photos and other back-up documentation should be provided as necessary in order to document successful completion of the work order.

Additional related services may be added to this Agreement throughout the duration of this Agreement if agreed to in writing by both Parties.

C. REPORTING AND DELIVERABLES

Inspection Report Template: The Contractor shall complete a Pest Control Inspection Report following each service visit. The report must identify the location, date and time that the inspection was completed, document all findings, treatments performed, materials used, and any conditions observed that may contribute to pest activity. Reports must be submitted to the Contracting Officer within twenty-four (24) hours of service completion, unless otherwise directed. The Contractor will submit Reports on IPM activities to the MBTA within 24 hours after each inspection.

Operations Log Template: At a minimum the template will include the name of the location treated, dates covered, name(s) of Applicators, amount and types of pesticides used during the reporting period, determinable results, complaints and resolution summary, and any other comments or issues. The Contractor will submit copies of the Operations Log to the MBTA upon request. The template is designed to document, at a minimum, the following methods of control and applications:

Name and Type of Control (cultural, mechanical, biological and/or chemical);

Date of Installation or Application Place of Installation or Application;

Name of Product; If biological/chemical include:

Trade name, brand name or registered name;

Current SDS;

The EPA registration number of the pesticide;

The amount of pesticide applied;

The target pest or infestation (rodents/mammals, flying insects, crawling insects, birds/bats, other, etc.);

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Method of application;

The certified or licensed persons who participated in the planning and execution of the application;

Any accidents, illnesses or injuries caused by or suspected to have been caused by pesticides and reported to the applicator; and Current, updated SDS for all pesticides approved for use.

Health and Safety Plan (HASP): The Contractor must prepare and submit a Health and Safety Plan that conforms to state, local and federal regulations to the MBTA a minimum of 10 days prior to initiating work. The plan must include:

Method of application

The certified or licensed persons who participated in the planning and execution of the application

Any accidents, illnesses or injuries caused by or suspected to have been caused by pesticides and reported to the applicator

Current, updated SDS for all pesticides approved for use

End of Assignment Deliverables: The Contractor will assemble all contract-related documents, including records of inspections, evaluations, planning, complaints, execution and monitoring logs, and submit the complete record to the MBTA at the completion of the project.

D. PAYMENT/INVOICING

Digital Invoices shall be submitted to invoices@mbta.com with the Contracting Officer in copy;

a. additional contacts will may be provided added by the MBTA.

b. Additional pest control services requested outside of the IPM plan will be billed at the rate of bid prices outlined in the pricing schedule (see response Form C – Price Proposal). All additional services must be pre-approved by the MBTA. Service requests will be paid based on an hourly rate.

c. All invoices must be submitted monthly and include the following information:

Purchase Order number MBTA Work Order number (if applicable) Dates and location of service (Core, Non-Core North, Non-Core West, and Non-Core South, as outlined in attachments 1-4) Any associated reports or other back-up documentation as required by the contract Invoices for additional services must also include the description of services provided, number of hours billed, the location of service, the start and end date/time of service, the unit and quantity cost for labor, and the unit and quantity cost for materials

E. PERFORMANCE MANAGEMENT

As indicated in this RFP, the goal of IPM is to reduce the number of pest-related work orders and ensure reliable, timely, and responsive service delivery. After a 90-day grace period, the following KPIs will be monitored and recorded on a quarterly basis for tracking purposes:

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Key Performance Indicator

Performance Standard

Measurement Method

Minimum Standard Measurement Frequency

Response Time:

Routine/planned requests

Response within 24 hours for routine work order requests

Time-stamped service log

90% Quarterly

Response Time:

Emergency requests

Arrival on location within no more than 4 hours

Time-stamped service log

90% Quarterly

Vendors will be given the opportunity to explain response times that exceed KPI thresholds prior to corrective action. Failure to meet KPIs over a period of two consecutive quarters or failure to meet service standards, may result in:

Written warnings:

o The MBTA may issue written warnings to the Contractor when deficiencies are identified that do not meet contractually required standards. Written warnings will describe the deficiency, the expected corrective actions, and the required timeframe for resolution. Repeated written warnings for the same or similar issues may result in escalation to a Corrective Action Plan or further contractual remedies.

Corrective Action Plan:

o Before issuing a Notice of Remediable Breach, the MBTA will provide the Contractor with a Corrective Action Notice. The Contractor must submit a Corrective Action Plan within 10 business days. The plan must include:

Steps to identify the cause of the issue and actions to correct and prevent recurrence.

Tasks, required resources, and timelines to complete corrective actions.

Measures to mitigate impacts, including any temporary workarounds.

The format and schedule for progress updates to the MBTA.

o The MBTA will review the Corrective Action Plan within 10 business days. Once accepted, the

Contractor must implement the plan and diligently work to cure the deficiency. The Contractor must attend any meetings requested by the MBTA related to the plan.

o The Contractor is required to meet all deadlines and correct the issue as outlined. If the deficiency is not resolved by the approved deadline, the MBTA may issue a Notice of Remediable Breach.

o If the Contractor wishes to request an extension, it must provide:

The reason for the extension and any proposed revisions to the plan.

Evidence of diligent efforts to resolve the issue.

o The MBTA will determine whether to grant the extension. If the request is denied and the issue is not cured by the deadline, the MBTA may issue a Notice of Remediable Breach.

o The Contractor shall track all corrective actions and provide monthly summaries to the MBTA

Contract Officer.

Financial damages:

o If the Contractor fails to correct deficiencies within the required timeframe, or if the same deficiency recurs, the MBTA may impose financial damages. Damages may include deductions for failures to respond within the required time periods, failure to comply with the approved Integrated Pest Management Plan, or noncompliance with reporting, safety, or compliance requirements. The MBTA will provide written notice of each assessment of damages, along with the basis for the deduction. Continued financial damages may contribute to a finding

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of persistent nonperformance.

Contract termination for persistent nonperformance:

o If the Contractor consistently fails to meet requirements, repeatedly fails inspections, or demonstrates an ongoing inability or unwillingness to adhere to the Corrective Action Process, the MBTA may determine that the Contractor is in persistent nonperformance. In such cases, and after providing any required notices and opportunities to cure, the MBTA may terminate the contract in whole or in part. Termination for persistent nonperformance may occur if the Contractor accumulates repeated deficiencies, fails to meet the standards outlined in the Corrective Action Plan, or exhibits chronic staffing, supervision, or quality control failures.

The MBTA reserves the right to pursue all available remedies under the contract in connection with such termination.

F. Contractors and Subcontractors Protocol

Contractor’s and Subcontractor’s employees must follow MBTA security procedures to enter and exit MBTA property. Contractor and Subcontractor personnel performing work at MBTA Stations and Facilities shall comply with the following:

Obey posted speed limits and all applicable standard operating procedures.

Wear a MBTA-approved safety vest conforming to ANSI/ISEA 107-2020 Class 2R, when outside of their vehicle, including when walking in MBTA parking lots and roadways located at maintenance facilities and carhouses.

In the event the Contractor’s work is to be performed in proximity (within 10 feet) of MBTA rail transit lines, tracks, yards, or any other parts of the Green, Orange, Blue, Red, and Mattapan Lines, Contractor personnel shall obtain and maintain appropriate Right of Way (ROW)/Roadway Worker Protection (RWP) safety training, including recertifications, from the MBTA before commencing work. Alternately, in the event that the Contractor requires access to a bus tunnel, busway, and/or bus yard the Contractor shall obtain and maintain appropriate Right of Way (ROW)/Roadway Worker Protection (RWP) safety training, including recertifications, from the MBTA before commencing work. Additionally, the Contractor shall:

o Ensure its personnel (and all Subcontractor employees) who access or work near the ROW attend a free initial eight (8) hour “Right of Way Safety” and/or “Roadway Worker Protection” training class sponsored by the MBTA to receive a ROW/RWP license and maintain ROW/RWP Safety certification in compliance with the 24-month recertification training renewal schedule. The training and recertifications are at no cost to the Contractor. Contact the MBTA Contracting Officer to schedule the required safety training class.

o Obtain and comply with the latest revision of the MBTA’s requirements for personal protective equipment as outlined in the current ROW Safety policies and summarized at https://www.mbta.com/engineering/safety-resources o Supply its personnel with personal protective equipment that meets the MBTA’s requirements and ensure that its personnel properly utilize such equipment in accordance with MBTA requirements.

o The Contractor shall ensure its employees; subcontractors and agents will not enter MBTA property until they have received the requisite safety training.

o All contractor staff, subcontractors, and any affiliated personnel shall carry valid proof of ROW/RWP certification at all times while performing work under this Contract.

o Obey all ROW/RWP rules and regulations at all times.

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o The MBTA retains the right to update ROW/RWP guidance, policies, and practices at its discretion and in alignment with related government regulations and rulebooks.

Failure to comply with the above safety requirements will result in the contractor employee, subcontractor employee, Contractor and/or Subcontractor being removed from MBTA property.

Due to the safety sensitive nature of working at MBTA Stations and Facilities, if a Contractor’s or Subcontractor’s employee violates any MBTA safety rule, the MBTA has the right to retain or remove the Contractor or Subcontractor employee from MBTA property.

2.1 Expected Contract Duration

The maximum resulting contract duration is anticipated to be a three (3) year base period three (2) one-year renewal options at the MBTA’s discretion.

2.2 Additional Services

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

3. BIDDERS INSTRUCTIONS AND PROCUREMENT PROCESS

3.1 Bidders’ Conference

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

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

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

3.2 Procurement Method

This RFP is issued pursuant to the following laws and regulations: Mass. Gen Laws, Ch. 161A; 801

CMR 21.00.

Bidder shall be responsible for making itself fully aware of, complying with, and in its Response addressing the impact of and compliance with all applicable laws and regulations.

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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.

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 SE name, name@mbta.com.

3.2.2 IDENTIFICATION OF BIDDER DESIGNATED REPRESENTATIVE

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

3.3 RFP Calendar and Delivery Instructions

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

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

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TABLE: RFP CALENDAR

Procurement Activity Date Time

RFP issued 06/29/2026 11:00 a.m.

Pre-bid conference 07/06/2026 11:00 a.m.

Site Visit – Upon Request 07/07/2026 As per the attachment in the RFP

Deadline for submission of Bidder questions via

COMMBUYS Q&A

07/16/2026 2:00 p.m.

Official Answers for Bid Q&A published by MBTA on

COMMBUYS

07/20/2026 2:00 p.m.

Response Due Date 07/27/2026 2:00 p.m.

In-person or virtual presentations at MBTA (estimated) August 2026 Contract Execution (estimated) August 2026 Service Start Date (estimated) September 1st 2026

3.4 Pre-Bid Conference

A Pre-Bid Conference is scheduled at the date and time above. It will be held virtually on Microsoft Teams at the link below:

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/215319265370857?p=cD19JnSIHeBOTdJmx6

Meeting ID: 215 319 265 370 857

Passcode: jF6QT7Xz

Need help? | System reference

Dial in by phone

+1 929-352-1865,,202892317# United States, New York City

Find a local number

Phone conference ID: 202 892 317#

For organizers: Meeting options | Reset dial-in PIN

Each Bidder, by submittal of its Response, acknowledges the opportunity to attend any Pre-Bid 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.

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Each Bidder is encouraged to attend Pre-Bid 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 Pre-Bid Conference or included in a written record or summary of a Pre-Bid Conference will modify this RFP or any other part of the RFP unless it is incorporated in an addendum issued.

3.5 Dissemination of Confidential Information

Not Applicable

3.6 Examination of RFP

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

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

3.7 Rules of Contact

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

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

The specific rules of contact are as follows:

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

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

iii. The Bidders shall not contact employees, representatives, and members of regarding this RFP, the Contract, or the procurement.

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

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

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

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

3.8 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.

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

3.9 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.

3.10 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.

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3.11 Confidentiality / Public Information Act Disclosure Requests

3.11.1 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.

3.11.2 Public Disclosure of Response Documents

Subject to applicable law, after execution of the Contract, or in the event that the procurement is cancelled by the MBTA, the MBTA shall have the right to publicly disclose any and all portions of all Responses. The MBTA will not disclose material deemed confidential by the MBTA in accordance with Section 3.11.3, unless otherwise required by law.

3.11.3 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.

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

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

3.12 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.

3.13 Collusion

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

3.14 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.

3.15 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

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Acceptance Period with respect to any or all Bidders upon obtaining the applicable Bidder’s written consent to such extension.

3.16 Eligible Entities

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

3.17 Pre-Contractual Expenses

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

3.18 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.

3.19 Insurance

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

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

4. SUBMISSION OF RESPONSE

4.1 Response Submissions

Responses shall be submitted via COMMBUYS.

Each Response shall be submitted in the following two parts:

a) Technical Response including:

Bid Cover Letter

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

Form A: Pre-Award Bidder Evaluation Data Form

Form B: Technical Response

Form C: Small Business Program Attestation Form

Proof of Insurance

Other items as applicable

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b) Price Response as a separate document, including:

Form D: Price Response: Sections 1 – X. Bidders must respond to all sections.

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

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

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

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

Bidder Financials shall be included in Technical Proposal only.

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

4.2 Power of Attorney

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

4.3 Acceptance of Response

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

4.4 Incomplete Response

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

5. MBTA POLICIES

5.1 Small, Minority, Women, and Other Disadvantaged Businesses

It is the policy of the Commonwealth and the MBTA to ensure non-discrimination in the Procurement of goods and services 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.

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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.

6. SELECTION PROCESS AND EVALUATION

6.1 Response Opening and Confidentiality

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

6.2 Responsiveness Review and Basis of Award

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

Upon receipt, the Technical Responses will be reviewed for responsiveness to the RFP requirements. The Technical Responses will be reviewed for (i) deficiencies and minor informalities, irregularities, and apparent clerical mistakes which are unrelated to the…