RFP Repair of Prime Mover MP36PH-3C Locomotive #10_Final.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MDOT MTA)

REQUEST FOR PROPOSALS (RFP)

REPAIR OF PRIME MOVER MP36PH-3C LOCOMOTIVE #10

RFP NUMBER MRC-21-052-MT

ISSUE DATE: APRIL 1, 2021

NOTICE

A Prospective Offeror that has received this document from a source other than eMaryland Marketplace

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Repair of Prime Mover MP36PH-3C Locomotive #10

Solicitation #: MTR-21-052-MT RFP Document

RFP MDOT MTA Page ii of 68

VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key

Information Summary Sheet below for contact information).

Title: Repair of Prime Mover MP36PH-3C Locomotive #10

Solicitation #: MRC-21-052-MT

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

The scope of work is beyond our present capacity

Doing business with the State is simply too complicated. (Explain in REMARKS section)

We cannot be competitive. (Explain in REMARKS section)

Time allotted for completion of the Proposal is insufficient

Start-up time is insufficient

Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

Proposal requirements (other than specifications) are unreasonable or too risky (Explain in

REMARKS section)

MBE or VSBE requirements (Explain in REMARKS section)

Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

Payment schedule too slow

Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

RFP MDOT MTA Page iii of 68

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MDOT MTA)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Repair of Prime Mover MP36PH-3C Locomotive #10

Solicitation Number: MRC-21-052-MT

RFP Issue Date: April 1, 2021

RFP Issuing Office: Maryland Department of Transportation Maryland Transit

Administration (MDOT MTA or the "Department")

Procurement Officer: Sharon Curtis e-mail: scurtis@mdot.maryland.gov

Proposals are to be sent to: Submit on eMMA

One Technical Proposal Package (no pricing included)

One Financial Package (includes bid pricing only)

Pre-Proposal Conference:

April 13, 2021 at 3:00 p.m. Local Time

Conference call via Microsoft Teams

See Attachment A for instructions.

Questions Due Date and Time April 21, 2021 at 4:00 p.m. Local Time

Proposal Due (Closing) Date and

Time:

May 4, 2021 Local Time 4:00 p.m.

Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: One Year with Two Year Warranty

Primary Place of Performance: N/A

SBR Designation: No

Federal Funding: No

RFP MDOT MTA Page iv of 68

TABLE OF CONTENTS – RFP

1 Minimum and Preferred Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Summary of Responsibilities

2.4 Safety and Quality Control

2.5 Removal, Replacement, and Transport of the Prime Mover

2.6 Overhaul of the Prime Mover

2.7 Prime Mover Cooling, Lube Oil, and Fuel System Tests

2.8 Prime Mover Break-In and Dyno Test

2.9 Failure Analysis

2.10 Material

2.11 Outbound Inspection

2.12 Deliverables and Data Requirements (CDRL)

2.13 Warranty

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data (IT)

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

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4.3 Questions

4.4 Procurement Method

4.5 Proposal Due (Closing) Date and Time

4.6 Multiple or Alternate Proposals

4.7 Economy of Preparation

4.8 Public Information Act Notice

4.9 Award Basis

4.10 Oral Presentation

4.11 Duration of Proposal

4.12 Revisions to the RFP

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Offeror Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 Non-Disclosure Agreement (Contractor)

4.33 HIPAA - Business Associate Agreement

4.34 Nonvisual Access

4.35 Mercury and Products That Contain Mercury

4.36 Location of the Performance of Services Disclosure

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4.37 Department of Human Services (DHS) Hiring Agreement

4.38 Small Business Reserve (SBR) Procurement

4.39 Bonds

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Award Determination

6.7 Documents Required upon Notice of Recommendation for Contract Award

7 RFP ATTACHMENTS AND APPENDICES

Attachment A. Pre-Proposal Conference Response Form

Attachment B. Financial Proposal Instructions & Form

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Conflict of Interest Affidavit and Disclosure

Attachment H. Non-Disclosure Agreement (Contractor)

Attachment I. HIPAA Business Associate Agreement

Attachment J. Mercury Affidavit

Attachment K. Location of the Performance of Services Disclosure

Attachment L. SAMPLE Contract

RFP MDOT MTA Page vii of 68

Attachment M. Contract Affidavit

Attachment N. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

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1 Minimum and Preferred Qualifications

1.1 Offeror Minimum Qualifications

To be considered responsive, the Bidder must document in its Bid that it satisfies the following

Minimum Qualifications:

The Contractor shall provide proof with its Proposal that the following Minimum Technical

Qualifications have been met. The Contractor must have:

A minimum of five (5) years of experience in North America successfully performing locomotive main engine overhauls of the EMD 645 family engines.

Required Documentation: As proof of meeting this requirement, the Offeror shall provide with its Bid, a minimum of three (3) references from the past ten (10) years from either

State and/or federal government entities or privately held railroads attesting to the

Contractor’s experience in providing EMD 645 family engine overhauls.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP MDOT MTA Page 2 of 68

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Transportation Maryland Transit Administration (MDOT MTA or the

"Department") is issuing this Request for Proposals (RFP) to procure the services of a qualified

Contractor to perform a locomotive main engine repair of an EMD16-645F3B-T2R type engine.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this RFP, from a Contract between the selected Offeror and the State.

2.1.3 The Department intends to make a single award as a result of this RFP. See RFP Section 4.9 Award

Basis for more Contract award information.

2.1.4 An Offeror, either directly or through its Subcontractors(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror

(the Contractor) shall remain responsible for Contract performance regardless of Subcontractor participation in the work.

2.1.5 A Contract award does not ensure a Contractor will receive all or any State business under the

Contract.

2.1.6 Maryland State and local entities as defined in Finance and Procurement 13-110(a)(5)(i) and not-for-profit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or not-for-profit entities:

Shall constitute Contracts between the Contractor and that government, agency or not-for-profit entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.7 All Contract prices, terms, and conditions must be provided to any Maryland local government or not-for-profit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency, or organization with which the Contractor is dealing is a State entity.

2.2 Background and Purpose

2.2.1 The MDOT MTA MARC Division requires the Prime Mover of MP36PH-3C Locomotive #10 be overhauled to an operating condition.

2.2.2 On August 23, 2019, MARC diesel locomotive #10 lost main engine oil pressure and shut down.

Preliminary analysis of the failure to the Prime Mover indicated the bearings for the #4 and #12 rods were fused to the crankshaft. The skirt of #4 piston was broken, and the crankshaft sustained damage.

2.2.3 The Prime Mover is an EMD16-645F3B-T2R type engine remanufactured in 2008. The engine underwent a similar repair back in 2014 when the #1 and #9 rods became disengaged from the crankshaft. At that time, the engine was completely disassembled and rebuilt, and the #1 and #9 power assemblies were replaced.

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2.3 Summary of Responsibilities

2.3.1 The Contractor will arrange shipment of the Prime Mover from the MARC Riverside Maintenance

Facility at 1600 Ludlow Street, Baltimore, MD 21230 to its facility for overhaul. MARC Train service will prepare the Prime Mover for removal from Locomotive #10.

2.3.2 After the repair, prior to transport back to MARC, Contractor shall perform an engine break-in and dyno test to ensure all components are in working condition and that the rated horsepower is achieved. The test results shall be sent to the Contract Monitor for written approval. Upon receipt of the Contract Monitor’s approval, the Contractor will arrange transport of the Prime Mover to

MARC’s Riverside Facility and reinstall it back into the locomotive. The Contractor will perform a full failure analysis on the Prime Mover and provide the Contract Monitor with a written report.

2.4 Safety and Quality Control

2.4.1 The Contractor shall submit a Safety Plan (CDRL 2) covering all work to be performed by the

Contractor for review and approval by the Contract Monitor or representative before the commencement of any work on the Prime Mover. All applicable state and federal safety, security, protocols, and regulations shall be adhered to.

2.4.2 The Contractor shall have a quality assurance program that meets the requirements of AAR M-1003 and ISO 9001. The Contractor shall submit a Quality Plan (CDRL 3) to the Contract Monitor for review and approval before the commencement of any work on the Prime Mover.

2.5 Removal, Replacement, and Transport of the Prime Mover

2.5.1 Equipment

A. MARC’s Riverside Locomotive shop is not equipped with an overhead crane capable of lifting the car body hatches or the Prime Mover. The contractor shall be responsible for providing any equipment, including but not limited to, a crane to remove and install the hatches and engine and to load the Prime Mover on and off the transportation vehicle.

B. The Contractor is responsible for providing the transportation vehicle to transport the Prime

Mover from the MARC Riverside facility to and from the Contractor’s repair facility.

2.5.2 Removal of the Prime Mover from the Locomotive #10

A. The Contractor will remove the Prime Mover from the locomotive and load it onto the

Contractor’s transport vehicle. The Prime Mover shall be transported as a complete engine assembly for repair. The Contractor will package any loose or damaged components with the engine for failure analysis at the Contractor’s facility.

B. The engine assembly will include all components listed on an MPI drawing 2042938; the engine shall be returned with these components installed unless otherwise noted within this specification.

C. The contractor shall perform a joint inbound inspection to confirm all components listed arrived with the assembly and notify MARC of any missing components. At MARC’s sole discretion

MARC may elect to have a representative present at the inbound inspection.

D. The contractor will provide MARC with the date and location of the inspection no fewer than ten (10) business days prior to the inspection.

RFP MDOT MTA Page 4 of 68

2.5.3 Delivery and Installation of the Overhauled Prime Mover back into Locomotive #10 at MARC facility.

A. The Contractor shall install the Prime Mover back into the locomotive and be responsible for:

1. If exhaust manifold sections or turbo screen are removed to lift the engine, the

Contractor is responsible for reinstalling and torqueing. Final hot torque will be performed by MARC.

2. Removing, installing, and torqueing the engine base bolts and pins. Do not weld up the pin holes on the engine or car body as these will be used to locate the Prime

Mover once returned. Alignment of the main generator, auxiliary generator and compressor will be performed by MARC’s maintenance contractor.

3. The contractor will be responsible for removing and installing the Dynamic Brake and Cooling Hatches. The hatches will need to be reinstalled immediately after the engine is removed, MARC will provide the roof gaskets.

4. Have qualified representatives at the delivery site to be available for corrective work performed during delivery and installation.

B. MARC will have the locomotive prepped and be responsible for the following:

1. All cooling, lubricating, fuel and drain piping. The oil drain line will be disconnected at the flange fitting. The contractor will be responsible for removing and installing the section of pipe from the oil pan to the flange fitting. This section of pipe shall be left with

MARC.

2. Water outlet (Y-Pipe)

3. The flexible piping to the QESIII sensor manifold box. These will be disconnected at the engine, not the manifold. Fittings shall be left with the engine and returned with the engine.

4. All electrical connections

5. Turbo air inlet boot

6. Exhaust DOC assembly

7. Main Generator mounting

8. Engine Ramp (steps)

9. Eductor Bypass assembly, including the 90° fitting

10. Compressor / Compressor Driveshaft

11. Auxiliary Generator and Driveshaft

12. The DB and Cooling Hatches will be ready to be lifted off, the contractor will be responsible for removing and installing them.

13. Heat wrap will be supplied and installed by MARC during installation of the engine.

2.5.4 Location and Schedule of Prime Mover Transport

A. Removal and replacement of the Prime Mover from the locomotive will be performed outside at the MARC Riverside Facility in an area agreed to between the Contractor and MARC. The pick up and delivery date and time will be scheduled on a day with no inclement weather. If inclement weather occurs on the scheduled day, the pickup or delivery date and time will be rescheduled.

2.5.5 Transport/Shipment of Prime Mover.

A. The Contractor is responsible for transporting the Prime Mover between MDOT MTA’s

Riverside Facility and the Contractor’s repair facility.

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B. Upon authorization from the Contract Monitor, the Contractor is responsible for transporting the repaired Prime Mover back to the Riverside Facility.

C. The Contractor is responsible for all tolls and permits to transport the Prime Mover. Any damage to the Prime Mover, subsystems, or components which occurs during transport is the full responsibility of the Contractor.

2.6 Overhaul of the Prime Mover

2.6.1 Repair Plan

A. The Contractor shall prepare a Repair Plan (CDRL 4) that follows all OEM recommended practices pertaining to the repair of the Prime Mover.

B. Any repairs or procedures that differ from the OEM must be highlighted in the plan.

C. The repair plan shall be approved by the Contract Monitor after the repair assessment is done and before starting the repair or disassembly work.

D. The Contractor shall use the latest design of each new or refurbished part whenever possible.

E. All replacement parts, material and hardware shall be from a United States of America

Contractor unless otherwise approved by the Contract Monitor.

F. A build sheet showing all measurements taken will be maintained by the Contractor and provided to MARC at the completion of the repair.

G. The Contractor shall not raise the Prime Mover’s emissions tier for any reason.

2.6.2 Damaged Components of Prime Mover

A. The following components on the Prime Mover have been inspected and noted to be damaged:

1. #4 Power Assembly

2. #12 Power Assembly

3. Crankshaft

2.6.3 Additional Damage

Other components may have sustained damage. If components not listed in this RFP are found defective/inoperable during disassembly of the Prime Mover, the following should be followed:

A. Any components that are found to be worn or damaged beyond its condemning limits, shall be reported to the Contract Monitor with an estimated cost to overhaul or replace it. (the authorization must accompany the invoice)

B. Approval shall be obtained from the Contract Monitor prior to proceeding with any repairs out of the RFP scope of work.

C. All necessary repairs and overhaul components shall not raise the Prime Mover’s emission tier.

2.6.4 Crankcase

A. The crankcase shall be separated from the oil pan.

B. Remove head frames and top deck covers. Reapplication shall follow OEM recommended procedures.

C. The crankcase shall be inspected for structural cracks; special attention should be given to the

A-Frame and area surrounding the above failure.

D. The main bearing caps shall be removed, inspected for cracks or damage, burrs removed, and qualified.

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E. The main bearing steel bore dimension shall be checked to determine that dimensions are within OEM tolerance requirements. If any of the measurements are found to be out of tolerance, the Contractor shall machine the main bearing steel bore back to OEM specification.

F. Replace lower liner bore inserts on cylinders #4 and #12, inspect upper and lower liner bore inserts on the remaining cylinders.

G. Remove crab and main bearing studs, inspect and replace as necessary. Replace cylinders #4 and #12 piston cooling pipe and repair or replace piston cooling pipe manifolds.

2.6.5 Oil Pan

A. Clean and inspect oil pan; make repairs as needed.

B. Inspect handhold and covers at cylinders #4 and #12 to determine if repairs are needed, including verifying that new covers do not leak.

C. Replace scavenging pump suction line if damaged. Inspect air box drains for damage, clean as necessary. Replace crankcase to oil pan seal.

2.6.6 Power Assemblies

A. Replace cylinders #4 and #12 power assemblies.

B. Remove remaining engine power assemblies and replace as needed with new assemblies. It is

MARC’s intent to replace as many power assemblies as allowable without requiring an emission tier upgrade.

C. Replace all upper and lower rod bearings.

D. All top deck valve train components shall be inspected and qualified, replace any defective components.

E. The complete assembly shall have lead readings recorded and pressure tested; record the old and the new head, liner, and rod serial numbers by location.

F. Plate type crabs shall be used when reassembling power assemblies to engine.

2.6.7 Crankshaft Assembly & Accessory Drive Gear Train

A. Remove crankshaft and accessory gear drive train.

B. Crankshaft shall be replaced with new or OEM refurbished crankshaft.

C. Crankshaft part number is EMD 8482822.

D. Inspect the gear teeth for fatigue indications, cracks, or other evidence of failure.

E. Replace crankshaft gears and accessory drive gears that exceed wear limit.

F. Replace upper and lower main bearings and thrust collars with new.

G. Remove, inspect, and clean torsional damper.

H. Remove flywheel and inspect ring gear.

I. Replace accessory drive coupling rubber center-bonded joints with new.

2.6.8 Camshaft Gear Train, Auxiliary Drive, Camshaft Assemblies

A. Remove camshafts and camshaft gear train.

B. Qualify camshaft segments and replace camshaft bearings with new.

C. Inspect the gear teeth for fatigue indications, cracks, or other evidence of failure.

D. Replace camshaft gears and auxiliary drive gears that exceed wear limit.

E. Inspect stubshaft bracket. Install new torsional spring drive gear assembly.

F. Rebuild auxiliary drive gear assembly.

G. Inspect and clean camshaft drive housing.

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2.6.9 Air Intake and Exhaust Systems

A. Remove and replace the turbocharger with UTEX.

B. The Contractor shall inspect aftercooler ducts and repair cracks as required.

C. Remove and inspect exhaust manifolds.

D. Inspect top deck exhaust manifold bolt holes to allow for proper torqueing of stack manifolds;

repair holes as required with key locking thread repair inserts.

E. Replace exhaust manifold expansion joints and exhaust baffles with new components and hardware.

NOTE: Due to transporting the Prime Mover and loading/unloading from a truck, the Contractor may choose to leave the exhaust manifolds off but properly crate and ship the required components and hardware to assemble the exhaust manifolds with the engine. The exhaust manifold penetrations shall be properly sealed during shipment.

2.6.10 Lubricating Oil System

A. Remove, qualify, and reinstall scavenging oil pump.

B. Remove, qualify, and reinstall main lube oil and piston cooling oil pump.

C. Remove, qualify, reinstall, and set oil pressure relief valve.

D. Clean the lube oil manifold, lube oil separator screen, and lube oil strainers and housing.

E. The lube oil system shall be flushed, and all debris removed after final assembly, before delivery to MARC.

2.6.11 Cooling System

A. Remove, qualify, and reinstall water pumps and aftercooler cores.

B. The cooling system shall be flushed, and all debris removed after final assembly, before delivery to MARC.

2.6.12 Fuel System

A. Remove fuel injectors and replace with new.

B. Install new fuel filter elements, clean fuel sight glasses, fuel strainer and fuel manifold.

C. Clean and inspect entire fuel system for leaks and repair as necessary.

D. Record injector calibration code on build sheet, which will be provided to MARC.

2.6.13 Starting System

Upgrade starting motors with new 50MT Electric Starters – EMD# 40248836UX.

2.7 Prime Mover Cooling, Lube Oil, and Fuel System Tests

The Contractor shall perform pressure tests on the cooling, lubricating oil, and fuel systems, per

OEM specifications. The test procedures will be submitted to MARC as a part of the Test Plan

(CDRL 5) for approval prior to conducting any tests. The results of these tests shall be provided to

MARC (CDRL 6).

2.8 Prime Mover Break-In and Dyno Test

The Contractor shall perform an engine break-in procedure and provide a report for the locomotive history book. The report shall include the same data which is included within MPI’s report

BLC/QA/08A. A Dynamometer test shall be performed to provide verification the engine is

RFP MDOT MTA Page 8 of 68 providing the full rated horsepower. The test procedures will be submitted to MARC as a part of the

Test Plan (CDRL 5) for approval prior to conducting any tests. An oil analysis shall be conducted at the conclusion of the dyno test. The results of the tests and the oil analysis shall be provided to

MARC as a part of the Test Report (CDRL 6).

2.9 Failure Analysis

Due to the nature of the failure, MARC is requesting a full failure analysis (CDRL 7) be performed to determine the root cause of the failure and provide recommendations to help prevent any future failure from occurring. As this engine suffered a similar failure approximately five (5) years ago, MARC is especially interested in comparing the failure analyses.

2.10 Material

The contractor shall provide all material necessary to make the repair to the Prime Mover. Some items may have long lead times which will delay the delivery of the Prime Mover back to MARC.

Should this be the situation, MARC Train Service may be able to free issue material from our current inventory. The contractor will provide a Bill of Materials for all material used in the repair to MARC. The Bill of Materials will indicate whether material was supplied by the

Contractor or MARC.

2.11 Outbound Inspection

The Contractor shall perform an outbound inspection prior to shipment. At MARC’s sole discretion, MARC may elect to have a representative present at the outbound inspection. The contractor will provide MARC with the date and location of the inspection no fewer than ten (10) business days prior to the inspection. All documentation shall be completed prior to the inspection and presented to the Contract Monitor or representative.

2.12 Deliverables and Data Requirements (CDRL)

2.12.1 In addition to the items identified in the table below, the Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks.

Deliverables Summary Table*

CDRL

Deliverable Description Section Reference Due Date

1 Kickoff Meeting 3.1 NTP + 10 Calendar Days

2 Safety Plan 2.4 NTP + 15 Calendar Days

3 Quality Plan 2.4 NTP + 15 Calendar Days

4 Repair Plan 2.6.1 NTP + 100 Calendar Days

5 Test Plan 2.7 & 2.8 NTP + 275 Calendar Days

6 Test Report 2.7 & 2.8 NTP + 320 Calendar Days

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7 Failure Analysis Report 2.9 Upon Installation of the Prime

Mover into the Locomotive

*The deliverables summary table may not list every contractually required deliverable. Offerors and

Contractors should read the RFP thoroughly for all Contract requirements and deliverables.

2.12.1 Contract Correspondence and Contractor Representative

A. All submittals and official contract correspondence shall be communicated in contract letters between the Contractor and the Contract Monitor. The Contract Monitor shall provide guidance and format for contract correspondence in the first contract letter sent to the

Contractor.

B. Within five (5) days after receiving the Notice to Proceed (NTP), the Contractor shall designate in writing the name, official mailing address and telephone number of the

Contractor’s representative having complete authority to represent and to act for the

Contractor.

2.13 Warranty

2.13.1 General

A. The Contractor warrants that all goods, supplies, systems, equipment, design, and all work covered by this Contract, including subcontractors and suppliers (except Administration furnished equipment), shall be satisfactory for their intended purpose.

B. All components of the overhaul by the Contractor shall conform to, and perform as called for in, the Scope of Work requirements and specifications, and shall be free from all defects and faulty materials and workmanship.

C. Any goods, supplies, systems, equipment, design, and Work found to be defective within the warranty period shall be repaired, remedied, or replaced by the Contractor, free of all charges including transportation.

D. Any latent defects discovered, including but not limited to goods, supplies, systems, equipment, design, and work shall be repaired, remedied, or replaced by the Contractor free of all charges, including transportation.

2.13.2 Warranty Period

A. The Contractor shall guarantee all replacement parts, systems of the Prime Mover, and repaired parts from the date of acceptance as follows:

1. A period of two (2) years for new and upgraded parts.

2. A period of one (1) year for overhauled parts

B. The guarantee on parts replaced or repaired under warranty shall extend from the time of replacement or repair. If a subsystem or component of the Prime Mover has not been accepted when the engine is placed into revenue service, the warranty on that subsystem or component shall extend two (2) years for new and upgraded items and one (1) year for overhauled items, after the subsystem or component has been accepted. If the MARC #10 locomotive is out of service in excess of 72 hours due to lack of spare parts for the Prime Mover, an equal amount of time rounded up to 24-hour periods (1 day) will be added onto the warranty period of the

Prime Mover.

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2.13.3 Engineering Support

A. The Contractor shall, at its own expense, have a competent engineering staff available on request to assist the MARC staff in the resolution of engineering or design problems within the scope of the specifications that may arise during the first two (2) years after installation of the

Prime Mover.

B. The Contractor’s engineering representatives shall be available to assess problems on-site within 48 hours of notification during the Contract period if required by MARC.

2.13.4 Safety Defects

A. Any safety related defect identified by the Administration or the Contractor, which affects any products or services provided under the contract, shall be repaired by the Contractor using its own resources, work force, tools, equipment, and parts for a two (2) year period from the date of installation.

B. Repairs shall be carried out in accordance with the requirements of Section 2.13.5. This provision is in addition to any statutory rights available to the Administration.

2.13.5 Corrective Work Requirements

A. The Contract Monitor will give the Contractor a written notice of observed defects or failures with reasonable promptness, but in any event not later than 30 days after observing the defect or failure.

B. Unless otherwise directed in this notice, the Contractor shall commence corrective work at the time specified by the Administration, but in no event later than two (2) working days after notification by the Contract Monitor of the defect or failure. The Contractor shall diligently pursue such corrective work to completion.

C. Replacement parts and repairs provided pursuant to corrective work hereunder shall be subject to prior approval of the Administration and shall be tendered and performed in the same manner and extent as items originally delivered.

D. To prevent delays and disruption to MARC’s operations, MARC shall have the right, when practical and feasible, in its opinion, to the continued use of any such goods, equipment, systems, and Work deemed defective or unsatisfactory, until they can be taken out of service pursuant to the corrective work hereby undertaken by the Contractor.

E. During general warranty period, the Department reserves the right to request that the

Contractor have qualified representatives available for corrective work at MARC’s facility upon formal request throughout the warranty period within two (2) days of request.

F. In addition, the following provisions shall be applicable to this Contract:

1. If a defect or failure, in the opinion of MARC, constitutes an emergency that will jeopardize or impair the operations and schedules of revenue service, MARC shall provide the Contractor both verbal and written notice thereof and the Contractor shall commence corrective work within 24 hours after receiving verbal notice.

2. Nothing herein shall be construed as preventing MARC’s forces from immediately commencing corrective work, with labor cost at the expense of MARC, provided that all such corrective work is performed in accordance with the Operations and Maintenance

Manuals furnished by the Contractor.

3. The Contractor shall reimburse MARC or make replacement (at the option of

MARC) for any spare parts or materials required by MARC to perform any corrective work with which it must proceed.

4. Such corrective work by MARC’s forces shall not be construed to invalidate

Contractor’s warranties and other provisions contained in this Section.

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5. Under such emergency conditions, the Contractor, with approval of MARC, may utilize spare parts from the Administration’s spare parts inventory, provided that the Contractor agrees to replace each spare part used under terms and within the time period to be prescribed by the Administration.

G. Costs

In addition to all other warranties, expressed or implied, the Contractor, at his sole expense, hereby agrees to bear all costs of corrective work, which shall include, but not be limited to, troubleshooting, removal, necessary disassembly, transportation, reassembly, repair, or replacement of the defective goods, supplies, systems, equipment, and Work; as well as necessary disassembly, reassembly, and repair of all adjacent facilities and structures of the

Administration and its construction contractors damaged as a result of the malfunction of the herein warranted goods, supplies, systems, equipment, and Work, including the expense of restoring the aforesaid facilities and structures and the cost of providing ingress and egress to these facilities and structures to accommodate corrective work.

2.13.6 Failure to Perform Corrective Work

If the Contractor is unable or fails within the time prescribed to commence and diligently pursue and complete the corrective work, the Administration is by this provision authorized by the

Contractor, at the option of the Department and upon written notice to the Contractor and the

Surety(ies), to contract with another or use their own forces to perform the warranty work. The

Contractor hereby agrees to reimburse the Administration for all costs and expenses in connection with such corrective work, including, but not limited to, reasonable attorney’s fees.

2.13.7 Timeliness

It is understood and agreed that time is of the essence with respect to all corrective work to be undertaken pursuant to the warranty herein contained, expressed, or implied.

2.13.8 Other Legal Rights

The rights and remedies of the Department under this Section are not intended to be exclusive and shall not preclude the exercise of any other rights or remedies provided for in this Contract, or by law or otherwise.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

The Contractor shall schedule and hold a kickoff meeting (CDRL 1) within ten (10) Business Days of the NTP Date.

3.2 End of Contract Transition

This section is not applicable to this Contract.

3.3 Invoicing

3.3.1 General

A. The contractor shall send a contract letter with the original of each invoice and any required backup documentation to the MDOT MTA Contract Monitor.

All invoices for services shall be verified by the Contractor as accurate at the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR

21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1. Contractor name and address;

2. Remittance address;

3. Federal taxpayer identification (FEIN) number, social security number, as appropriate;

4. Invoice period (i.e. time period during which services covered by invoice were performed);

5. Invoice date;

6. Invoice number;

7. State assigned Contract number;

8. State assigned (Blanket) Purchase Order number(s);

9. Goods or services provided;

10. Amount due; and

11. Any additional documentation required by regulation or the Contract.

3.3.2 Price mark ups are not allowed under this Contract.

3.3.3 The Department reserves the right to reduce or withhold Contract payment in the event the

Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

3.3.4 Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-

215 through 15-223 and with COMAR 21.10.04.

3.3.5 The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor; however, is not exempt from such sales and use taxes and may be liable for the same.

RFP MDOT MTA Page 13 of 68

3.3.6 Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.7 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the schedule in Section 3.3.8.

Repair/overhaul/parts completed or purchased outside of the RFP scope of work, shall be billed within 30 days following the acceptance of the work by the Department. Invoices must be accompanied by the signed approval of the Contract Monitor to be paid.

3.3.8 Deliverable Invoicing

A. Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in the table below. Percentages based on Sub-Total Price on Bid Form B-2.

B. The repair of the MARC #10 locomotive Prime Mover will be paid for at the lump sum percentage of the Subtotal bid price in accordance with the Payment Milestones listed below.

Payment Milestones

Progress

Payment

Percentage

% of Subtotal

Mobilization

a. Submitted and Approved Safety Plan (CDRL 2)

b. Submitted and Approved Quality Plan (CDRL 3)

10%

Engine Removal and Transportation

a. Complete Engine Assembly arrives at Contractor Facility

b. Inbound Inspection Completed

15%

Final Assembly of Engine and Sub-components 25%

Completion and Approval of Testing

a. Submitted and Approved Test Plan (CDRL 3)

b. Submitted and Approved Test Report (CDRL 4)

25%

Completion and Approval of Engine Installation

a. Outbound Inspection Completed

b. Installation of Engine Completed and Approved

c. All Required Documentation Submitted to MARC (Including but not limited to: Build Sheet, BOM, Failure Analysis (CDRL 7), Inspection Reports)

25%

Total of all Payments 100%

3.3.9 The Department included a Miscellaneous Work Allowance on the bid form to cover hidden damage and miscellaneous work required during the repair. The Contractor shall submit to the

Contract Monitor for review and approval, a plan for repairs not covered within this scope of work.

The Miscellaneous Work Allowance is not included in the milestone payments and will only be utilized if required. The total allowance amount is not owed to the Contractor.

RFP MDOT MTA Page 14 of 68

3.3.10 For the purposes of the Contract an amount will not be deemed due and payable if:

A. The amount invoiced is inconsistent with the Contract;

B. The proper invoice has not been received by the party or office specified in the Contract;

C. The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

D. The item or services have not been accepted;

E. The quantity of items delivered is less than the quantity ordered;

F. The items or services do not meet the quality requirements of the Contract;

G. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

H. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

I. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions.

3.3.11 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

This section is inapplicable to this RFP.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this RFP.

3.5 Disaster Recovery and Data (IT)

This section is inapplicable to this RFP.

3.6 Insurance Requirements

Contractor shall procure and shall maintain, and shall require its contractors and subcontractors (of any tier) performing activities hereunder to procure and maintain insurance which shall protect

MDOT MTA, the State of Maryland, their officers, agents, employees, invitees, successors, and assigns, from claims which may arise out of or as a result of Contractor's performance of the work hereunder, whether such activities be by Contractor or subcontractor, by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. In furtherance of this obligation, Contractor shall procure and maintain at least the minimum levels of insurance coverage as set forth below:

3.6.1 Insurance Types

[X] Commercial General Liability Insurance with minimum limits of $5,000,000 per occurrence, written on an occurrence form. When the minimum contract amounts can only be met when applying the umbrella/excess policy, the umbrella/excess policy must follow form of the underlying policy and be extended to “drop down” to become primary in the event the primary limits are reduced or aggregate limits are exhausted.

The coverage shall include:

RFP MDOT MTA Page 15 of 68

[X] Personal and Advertising Injury coverage, [X] Products and Completed Operations coverage, [X] Independent Contractors coverage, [X] Terrorism coverage, [ ] XCU coverage (explosion, collapse, and underground hazards)

[X] Delete Contractual Liability exclusion (applicable to work to be performed within 50 feet of railroad tracks) must be removed.

[X] Additional Insured Endorsement naming MDOT MTA.

[X] Waiver of subrogation rights in favor of MDOT MTA

[X] Workers’ Compensation Insurance meeting the statutory requirements of the jurisdiction where the work will be performed for employees and or volunteers, including Employer’s Liability coverage with minimum limits of $1,000,000 each accident or disease.

[X] Commercial Automobile Liability Insurance with minimum limits of $1,000,000 per occurrence covering contractor against claims for bodily injury and property damage arising out of the ownership, maintenance or use of any owned, hired, or non-owned motor vehicle. MDOT MTA shall be added as an additional insured on the policy.

[X ] Railroad Protective Liability Insurance (hereinafter “RRPL”) issued to MDOT MTA as the Named Insured with minimum limits of $5,000,000 per occurrence, $10,000,000 in the aggregate and covering the liability of all Permitted Parties or The Contractor.

Coverage is for work to be performed within fifty (50) feet (on, above, adjacent to or underneath) of MDOT MTA’s railroad property for any personal injuries or deaths or any damage to the property, equipment and facilities caused by the activities of any

Permitted Party or The Contractor resulting from performance of the work which is the subject of this Permit / Contract.

This insurance is available through MDOT MTA with a separate application through

MDOT MTA’s Blanket Railroad Protective Liability Insurance Program. This program is not an Owner Controlled Insurance Program coverage. If the Contractor chooses to purchase this insurance through the standard insurance market, a copy of the original policy must be forwarded to MDOT MTA for review prior to construction. CONSULT MDOT MTA RISK MANAGER WITH QUESTIONS.

[X] Professional Liability (Errors and Omissions) Insurance appropriate to the

Consultant’s profession with limits not less than $3,000,000 per occurrence or claim, $3,000,000 aggregate to cover liability resulting from any error or omission in the performance of professional services under this contract. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract work.

RFP MDOT MTA Page 16 of 68

3.6.2 Insurance Company Qualifications

The insurance required in this Article of this contract must be issued by companies that are:

A. Acceptable to the MDOT MTA

B. Licensed to do business in the State of Maryland.

3.6.3 Policy Requirements

A. The recommended Contractor awardee shall deliver to the MDOT MTA representative within

5 days of notification of proposed contract award an accurate and true Certificates of

Insurance that show that:

1. The Contractor has procured coverage stated in this Article of this contract.

2. The Maryland Department of Transportation, the State of Maryland and the MDOT

MTA has been named as an additional insured.

3. The policies will not be canceled, terminated or modified without 30 days prior written notice to the Administration. Certificates of Insurance are acceptable in lieu of true copies of the policies if the policy writer notes on the Certificate, or through attachment to the Certificate, all policy exclusions.

B. The Contractor shall require that any Subcontractors providing services under this Contract obtain and maintain similar levels of insurance and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 Employee Identification

A. Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor

Personnel shall provide additional photo identification.

B. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times.

C. Contractor shall remove any Contractor Personnel from working on the Contract where the

State determines, in its sole discretion, that Contractor Personnel has not adhered to the

Security requirements specified herein.

D. The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the

Contract.

3.7.2 Security Clearance / Criminal Background Check

A security clearance is not required for Contractor Personnel assigned to the Contract.

3.7.3 On-Site Security Requirement(s)

This section is inapplicable to this RFP.

RFP MDOT MTA Page 17 of 68

3.8 Problem Escalation Procedure

3.8.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

3.8.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

3.8.3 The Contractor must provide the PEP no later than ten (10) Business Days after notice of recommended award. The PEP, including any revisions thereto, must also be provided within ten

(10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

A. The process for establishing the existence of a problem;

1. Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

2. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

3. Expedited escalation procedures and any circumstances that would trigger expediting them;

4. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

5. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

6. A process for updating and notifying the Contract Monitor of any changes to the PEP.

3.8.4 Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.9 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

3.10 Minority Business Enterprise (MBE) Reports

This section is inapplicable to this RFP.

3.11 Veteran Small Business Enterprise (VSBE) Reports

This section is inapplicable to this RFP.

3.12…