RFP197F-24 Addendum 01.pdf

Massachusetts Bay Transportation Authority

Ten Park Plaza, Boston, MA 02116 mbta.com

November 7th , 2024

SUBJECT: Request for Proposal / RFP #197F-24 / Overhaul of 40 HSP46

Locomotives

Addendum No. 1

Dear Bidders:

Please be advised that the above has been amended and/or clarified as shown on the attached that is made a part of herein.

Acknowledgment of this Addendum must be so noted on your proposal submittal.

ALL ELSE REMAINS AS PREVIOUSLY STATED.

Sincerely, Terunii Senevirratne.

Strategic Sourcing Manager

RFP 197F-24 – (pages 48 - 51) Section 3.2 Disadvantaged Business Enterprises

3.2. Disadvantaged Business Enterprises

3.2.1. Overview

It is the policy of the MBTA and the U.S. Department of Transportation (DOT) to encourage participation by Disadvantaged Business Enterprises (DBEs), as defined in federal regulations (49 CFR

Part 26), in DOT-assisted contracts. MBTA encourages vendors to make good faith efforts to seek opportunities for DBE participation in their proposals. Demonstrating DBE involvement, even when not mandated.

This Contract is subject to 49 CFR Part 26. Therefore, the Offeror is encouraged to meet the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. The Authority shall make all determinations with regard to whether or not a Proposer is in compliance with the requirements stated herein. In assessing compliance, the Authority may consider, during its review of the Proposer’s submission package, the Proposer’s documented history of non-compliance with DBE requirements on previous contracts with the Authority.

3.2.2. DBE Participation

For the purpose of this Contract, the MBTA will accept only DBE firms who are certified, at the time of Proposal opening, by the Massachusetts Unified Certification Program (MassUCP).

3.2.3. DBE Participation Goal

While there is no minimum percentage requirement for this contract, MBTA strongly encourages bidders to make good faith efforts to include DBE participation in relevant work areas where feasible.. Bidders who include DBE participation in their proposals may gain an advantage, as this will be positively regarded by MBTA in the evaluation of responsiveness and in consideration for future business opportunities.

3.2.4. Proposal Requirements

For any bidder who has DBE particpation , as part of its submission, shall complete Technical Response

Attachment 3 – DBE Documentation, which includes the following:

• DBE Utilization Form indicating the percentatge and dollar value of the total Proposal amount to be supplied by Disadvantaged Business Enterprises under this Contract.

• A list of those qualified DBE’s with whom the the Bidder intends to contract for the performance of portions of the work under the Contract, the agreed price to be paid to each

DBE for work, the Contract items or parts to be performed by each DBE, a proposed timetable for the performance or delivery of the Contract item, and other information as required by the DBE Participation Schedule (see Section 8.9). No work shall be included in the Schedule that the Bidder has reason to believe the listed DBE will subcontract, at any tier, to other than another DBE.

• An original DBE Letter of Intent from each DBE listed in the DBE Participation

Schedule. Any subsequent changes and/or substitutions of DBE firms will require review and written approval by the Authority.

• An original DBE Affidavit from each DBE stating that there has not been any change in its status since the date of its last certification.

3.2.5. Good Faith Efforts

Each Bidder, as part of its submission, shall If the Proposer is unable to meet the goal set forth in

Section 8.8 (DBE Participation Goal), the Authority will consider the Proposer’s documented good faith efforts to meet the goal in determining responsiveness. The types of actions that the Authority will consider as part of the Proposer’s good faith efforts include, but are not limited to, the following:

• Documented communication with the Authority’s DBE Coordinator (questions of RFP requirements, subcontracting opportunities, appropriate certification, will be addressed in a timely fashion);

• Pre-Proposal meeting attendance. At the pre-Proposal meeting, the Authority generally informs potential Proposer’s of DBE subcontracting opportunities;

• The Bidder’s own solicitations to obtain DBE involvement in general circulation media, trade association publication, minority-focus media and other reasonable and available means within sufficient time to allow DBEs to respond to the solicitation;

• Written notification to DBE’s encouraging participation in the proposed Contract; and

• Efforts made to identify specific portions of the work that might be performed by DBE’s.

The Bidder shall provide the following details, at a minimum, of the specific efforts it made to negotiate in good faith with DBE’s for elements of the Contract:

• The names, addresses, and telephone numbers of DBE’s that were contacted

• A description of the information provided to targeted DBE’s regarding the specifications and proposals for portions of the work; and

• Efforts made to assist DBEs contacted in obtaining bonding or insurance required by the

Proposer or the Authority.

In determining whether a Proposer has made good faith efforts, the Authority may take into account the performance of other Proposers in meeting the Contract goals. For example, if the apparent successful Proposer failed to meet the goal, but meets or exceeds the average DBE participation obtained by other Proposers, the Authority may view this as evidence of the Proposer having made good faith efforts.

3.2.6. Administrative Reconsideration

Within five (5) business days of being informed by the MBTA that it is not responsive or responsible because it has not documented sufficient good faith efforts, the Proposer may request administrative reconsideration. The Proposer should make this request in writing to the Authority’s Deputy Director of Procurement & Logistics. The Deputy Director of Procurement & Logistics will forward the

Proposer’s request to a reconsideration official who will not have played any role in the original determination that the Proposer did not document sufficient good faith efforts.

As part of this reconsideration, the Proposer will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do

so. The Proposer will have the opportunity to meet in person with the assigned reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The

Authority will send the Proposer a written decision on its reconsideration, explaining the basis for finding that the Proposer did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of

Transportation.

3.2.7. Termination of DBE Subcontractor

The Contractor shall not remove, replace, substitute, or terminate for convenience any DBE subcontractor listed in the DBE Participation Schedule (see Section 8.9) and then perform the work of the terminated DBE subcontractor with its own forces or an affiliate without the MBTA’s prior written consent by the MBTA Office of Diversity and Civil Rights in accordance with 49 CFR 26.53 and the process described in the MBTA DBE Program Plan. When a DBE subcontractor is removed, replaced, substituted, terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the Authority in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the

Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with Section 4.10

(Sanctions for Violations).

3.2.8. Continued Compliance

The Authority shall monitor the Contractor’s DBE compliance during the life of the Contract. In the event this procurement exceeds ninety (90) days, it will be the responsibility of the Contractor to submit monthly and quarterly written reports to the Authority that summarize the total DBE value for this

Contract. These reports shall provide the following details:

• DBE utilization established for the Contract.

• Monthly Prompt Payment Reports

• Total value of expenditures with DBE firms for the quarter; and

• Total value of expenditures with DBE firms from inception of the Contract.

Reports and other correspondence must be submitted to the DBE Coordinator with copies provided to the Project Manager and Deputy Director of Strategic Sourcing. Reports shall continue to be submitted quarterly until final payment is issued or until DBE participation is completed.

The successful Bidder shall permit:

• The Authority to have access to necessary records to examine information as the Authority deems appropriate for the purpose of investigating and determining compliance with this provision, including, but not limited to, records of expenditures, invoices, and contract between the successful Bidder and other DBE parties entered into during the life of the

Contract.

• The authorized representative(s) of the MBTA, the U.S. Department of Transportation, the

Comptroller General of the United States, to inspect and audit all data and record of the

Bidder relating to its performance under the Disadvantaged Business Enterprise participation provisions of this Contract.

• All data/record(s) pertaining to DBE shall be maintained as stated in Section3.12

(Examination and Audit).

3.2.9. Sanctions for Violations

If, at any time, the Authority has reason to believe that the Contractor is in violation of its obligations under Section 3.2 (Disadvantaged Business Enterprise) or has otherwise failed to comply with terms of this Section, the Authority may, in addition to pursuing any other available legal remedy, commence proceedings, which may include but are not limited to, the following:

• Suspension of any payment or part due the Contractor until such time as the issues concerning the Contractor’s compliance are resolved;

• Termination or cancellation of the Contract, in whole or in part, unless the successful

Contractor is able to demonstrate within a reasonable time that it is in compliance with the

DBE terms stated herein.