RFR fully accesible vehicles.pdf

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10 Park Plaza, Suite 4160, Boston Ma 02116

Request for Response (RFR)

Document Title: Fully Accessible Vans & Minibuses

COMMBUYS Bid#: BD-19-1030-0P100-0P070-36050

Agency Document Number: MDOTBOSTONFEDBUSFY20

Release Date: 3/11/2019

CONTACT INFORMATION

Monica Auguste

PROCUREMENT OFFICER

10 PARK PLAZA, ROOM 4160

BOSTON, MASSACHUSETTS 02116

EMAIL ADDRESS: monica.auguste@dot.state.ma.us

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). All

Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. 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 AM to

5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

mailto:monica.auguste@dot.state.ma.us http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

1 GLOSSARY OF TERMS

2 RFR INTRODUCTION AND GENERAL DESCRIPTION

2.1 Procurement Scope and Description

2.2 General Requirements

2.3 Quantity

2.4 Types of Vehicles

2.5 Year 2 & 3 Pricing and Option Year Bus Pricing

2.6 Applicable Procurement Law

2.7 Number of awards

MassDOT will award multiple contracts as a result of this procurement

2.8 Adding Contractors after initial Contract award

2.9 Subcontracting

2.10 Acquisition Method(s)

2.11 Eligible Entities

2.12 Contract Duration

2.13 Contract Suspension

2.14 Contract Termination

2.14.1 Termination for Convenience

2.14.2 Termination for Default

2.14.3 Opportunity to Cure

2.15 Contract Modifications

2.16 Notice of Breach

2.17 Contract Damages

2.17.1 Actual Damages:

2.17.2 Liquidated Damages:

2.17.3 Deduction of Damages from Contract Prices

2.18 Minimum Bid Duration

Bidders responses/bids made in response to this RFR must remain in effect for at least one hundred twenty (120) calendar days from the date of bid submission and maybe extended at the mutual agreement of both parties

2.19 Limitation and Liability

2.20 Indemnity

2.21 Insurance

2.22 Debriefing

2.23 Right of Protest (FTA Circular 4220.1F)

2.24 Post Award Meeting

2.25 Delivery and Acceptance Provisions

2.25.1 Free On Board (F.O.B) Destination

2.25.2 Delivery Hours

2.25.3 Delivery and Issuance of Title

2.25.4 In-plant Inspection

2.25.5 Inspection of the Vehicle

3 ESTIMATED PROCUREMENT CALENDAR

4 GENERAL TERMS

4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

4.2 Environmental plan

4.3 Asbestos Abatement Program

4.4 Release of Oil and Hazardous Materials

4.5 HIPPA: Business Associate Contractual Obligations

4.6 Electronic Communication/Update of Bidder’s/Contractor’s Contact Information ... 21

4.7 Cost

4.8 Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration

Supply

4.9 Pricing: Price Limitation

4.10 Ineligible Contractors and Subcontractors

5 OTHER TERMS

5.1 Public Records

5.2 Reporting

5.3 Reasonable Accommodation

5.4 Rejection of submitted response

5.5 Security and confidentiality

5.1 Restriction on the Use of the Commonwealth Seal

6 BID SUBMITTAL REQUIREMENTS

6.1 Federal Certification

6.1.1 Bid Affidavit

6.1.2 Bidder Certificate Statement

6.1.3 Integrity Certification Statement

6.1.4 Lobbying Restrictions Certifications

6.1.5 Buy America Certification

6.1.6 Transit Vehicle Manufacturers (TVM) Certification

6.1.7 Federal Motor Vehicle Safety Standards (FMVSS) Certification

6.2 Federal Clauses

6.2.1 Civil Rights Requirements and Nondiscrimination

6.2.2 Record Retention

6.2.3 Clean Air Requirements

6.2.4 Clean Water Requirements

6.2.5 Energy Conservation Requirements

6.2.6 Non-construction Employee Protection

6.2.7 Labor Provisions

6.2.8 Cargo Preference

6.2.9 No Government Obligation to Third Parties

6.2.10 Program Fraud and False or Fraudulent Statement and Related Acts

6.2.11 Access to Records and Reports

6.2.12 Federal Changes

6.2.13 DBE Requirements

6.2.14 Recycles Products

6.2.15 FTA Required DBE Approval Certification

6.2.16 Suspension and Debarment

6.2.17 Incorporation of Federal Transit Administration (FTA) Terms

6.2.18 Fly America

6.2.19 Pre-Award and Post-Delivery Audit Requirements

6.2.20 Resolution of Disputes, Breaches, or Other Litigation (Labor Provisions)

6.2.21 Lobbying

6.2.22 Bus Testing

6.2.23 ADA Access

6.2.24 Motor Vehicle Pollution requirements

7 FEDERAL CERTIFICATIONS, REPORTS, AND FORMS REQUIRED ATTACHMENTS

7.1 All vendors submitting are required to complete the attached and return with submission

8 INSTRUCTIONS TO PROPOSERS

8.1 Introduction-Tab 1

8.2 Technical Proposal – Tab 2

8.3 Contractor’s Scope of Work for each type of vehicle- Tab 2

8.4 Cost Proposal –Tab 4

8.5 PROPOSAL FORMAT

8.6 PROPOSAL SUBMISSION

9 EVALUATION OF PROPOSALS AND SELECTION PROCESS

10 EVALUATION/SELECTION COMMITTEE

10.1 Technical Evaluation Criteria (Evaluation Weight of 60% of Total Score)Error! Bookmark not defined.

10.1.1 Product Design and Performance 20 points ............................ Error! Bookmark not defined.

10.1.2 Proposer’s Experience and Qualifications 30 points ................. Error! Bookmark not defined.

10.1.3 Delivery Schedule 10 points ....... Error!

Bookmark not defined.

10.2 Cost Proposal Evaluation 40 points

Error! Bookmark not defined.

10.3 Evaluation Methodology ....................................................... Error! Bookmark not defined.

10.4 Interviews

10.5 Revised Proposals, Discussions, Negotiations, Best and Final Offers

10.5.1 Best Value Selection and Negotiation

10.6 Proposer Mandatory Qualifications and Response Requirements

11 AUDIT

12 TECHNICAL SPECIFICATION (ATTACHMENT A, ATTACMENT B & ATTACHMENT C)

2.11.7 Mobile Video Recording System

2.11.11 Mobile Video Recording System

13 MATERIALS REQUIRED FROM BIDDER

13.1 Estimated Provisions

13.2 Alternatives

13.3 Prohibited Interest

14 GENERAL PROVISIONS FOR NON-DISCRIMINATION

14.1 Air Pollution

14.2 Motor Bus Pollution Requirements

14.3 Anti-Boycott Agreement

15 WARRANTY REQUIREMENTS

16 FLEET DEFECT

17 TRAINING REQUIREMENTS

18 RFR SUBMISSION CHECKLIST

18.1 Electronic Signatures

18.2 Ink Signatures

Prompt Payment Discount Form

18.3 Commonwealth Standard Contract Form

18.4 Commonwealth Terms and Conditions

18.5 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

18.6 Contractor Authorized Signatory Listing

18.7 Current Environmentally Preferable Products / Practices Form

18.8 Prompt Payment Discount Form

19 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

19.1 General Procurement Information

19.1.1 Alterations

19.1.2 Ownership of Submitted Quotes

19.1.3 Prohibitions

19.2 Terms and Requirements Pertaining to Awarded Contracts

19.2.1 Commonwealth Tax Exemption

19.2.2 Contractor’s Contact Information

19.2.3 Contractual Status of Orders and Service Contracts

20 COMMBUYS

20.1 COMMBUYS Market Center

20.2 COMMBUYS Subscription

20.3 Bidder Communication

20.4 COMMBUYS Quote Submission Training and Instructions

20.5 Written questions via the Bid Q&A on COMMBUYS

20.6 Locating Bid Q&A

20.7 Submitting RFAs (Request for Approval)

20.8 Amendment Deadline

20.9 Oral Presentations/Product Demonstrations

20.10 Bid Response Method

20.11 Bid Response Deadline

20.12 COMMBUYS Support

21 APPENDIX 1 INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

1 GLOSSARY OF TERMS

GENERAL DEFINITIONS

When used in this RFR or any ensuing contract, the following definitions shall apply. If a conflict exists between these definitions and any definition listed in the bid specifications, the bid specifications shall prevail.

BIDDER: The company and/or authorized representative of the company who has signed and is submitting a bid response and who will be responsible to ensure proper performance of the contract awarded pursuant to the bid.

SPECIFICATION: Any description of the physical or functional characteristics or of the nature of supplies, equipment, service, or insurance. It may include a description of any requirements for inspecting, testing, or preparing supplies, equipment, services, or insurance.

VENDOR or CONTRACTOR: The bidder who, upon awarding of a contract, then becomes a Vendor who is considered to be a primary source for providing the goods and/or services included in the awarded contract and the party to whom payment will be made upon delivery of the goods and/or completion of the contract.

SUBCONTRACTOR: An individual, firm or corporation to whom the Vendor sublets part of the contract to be performed.

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2 RFR INTRODUCTION AND GENERAL DESCRIPTION

2.1 Procurement Scope and Description

The Massachusetts Department of Transportation (“MassDOT”) Rail and Transit Division, and the

Massachusetts Bay Transportation Authority (“MBTA”), intend to procure six (6) types of fully accessible body-on-chassis vans and minibuses on an annual basis. MassDOT, the lead procuring agency, is procuring the vehicles for use in conjunction with the Federal Transit Administration’s (“FTA”) Section

5310 program, while the MBTA intends to use the vehicles for its demand response service known as the RIDE. All vehicles will be used for public transportation and for the transportation of the elderly and/or persons with disabilities. The purpose of this joint RFR is to establish pricing for these six (6) types of vehicles, which are more fully described below.

As a result of this RFR, the vehicles will be purchased by MassDOT on behalf of various organizations across the Commonwealth of Massachusetts, including but not limited to Regional Transit Authorities

(RTAs), private non-profits, and councils on aging (municipalities), and will subsequently be placed into use by the receiving organizations (“Sub-Recipients” or “User Agencies.”)

All vehicles will be purchased with state or federal funding or a combination of both, and must meet all applicable FTA, Federal Motor Vehicle Safety Standards (FMVSS), and Commonwealth of

Massachusetts accessibility requirements. The vans and mini vehicles shall be of the latest design suitable for service under prevailing conditions within Massachusetts and shall be of substantial and durable condition. Moreover, the vehicles must meet the technical and performance requirements, described below, and must provide an optimum degree of reliability and maintainability. Particular attention shall be given to features, which provide for the safest vehicle possible. The seating package shall provide for the maximum comfort for drivers and passengers and shall provide maximum durability.

Suspension, drive train options, and engine shall be of the heaviest-duty available in order to provide maximum durability and reliability.

Throughout the specifications references are made to specific components or products. Where not stated, “or approved equal” is implied after each reference. Wherever the term MassDOT or the MBTA is used in these specifications, or “its designated representative” is implied if not stated.

MassDOT and the MBTA will also be referred to as “Purchasing Agencies” for the purposes of this RFR.

However, each entity will work directly with the selected vendors when ordering vehicles.

2.2 General Requirements

All specifications, components, and original equipment manufacturer (“OEM”) add-on systems shall be fully

ADA-compliant and shall comply with Society of Automotive Engineers (“SAE”), Federal, and State standards for engineering, quality, reliability and safety. Proposers shall not omit any part or detail that makes the vehicle complete and service-ready, even though such part is not mentioned in the Technical Specifications

(Please refer to Attachments A, B, and C for the technical specification for each of the vehicle).

The price quoted shall include all items of labor, materials, tools, and other equipment and the costs necessary to complete the manufacture (any items omitted which are clearly necessary to the completion of equipment and assembly or considered a portion of such specifications, although not directly specified), delivery and warranty of vehicles in compliance with these specifications. The vehicles shall be the latest current model and all equipment and components shall be new. In no instances may remanufactured, reconditioned, or used parts be provided.

2.3 Quantity

This is solicitation is for an initial contract of three (3) years from the date of contract award, with two, one

(1) year options to renew at MassDOT’s discretion. The minimum and maximum quantities of vans and minibuses that may be purchased by the Purchasing Agencies during each contract year are provided in the table below.

Year 1 Year 2 Year 3 Option Year 1 Option Year 2 TOTAL

Type A 0-20 0-20 0-22 0-24 0-24 110

Type E 0-190 280 0-165 0-190 0-165 990

Type E2 0-52 52 0-52 0-52 0-52 260

Type C 0-25 25 0-25 0-25 0-25 125

Type D 0-22 22 0-22 0-22 0-22 110

Type LF 0-5 0-5 0-10 0-15 0-20 55

TOTAL 314 404 296 328 308 1630

The minimum and maximum numbers listed for all years represent estimated quantities based on historic purchasing records. However, MassDOT and the MBTA cannot guarantee a minimum number of vans and minibuses to be purchased in any Contract year, as these vehicles are applied for competitively on an annual basis by potential sub-recipient organizations, with greatly varying demand for each vehicle type per year.

Furthermore, in the event that the Purchasing Agencies do not purchase th0-e maximum number of vans and minibuses in any given contract year, including Option Years 1 and 2, the Contractor shall grant the Purchasing Agencies the right to assign all or part of the remaining vehicle quantities (up to the maximum amount) to other public agencies and/or political subdivisions, as needed. The Purchasing Agencies, however, shall not be responsible for the payment of any additional vehicles ordered by an agency or political subdivision assigned by MassDOT or the MBTA.

LF (low floor minibus) is a new type of vehicles being provided under this RFR no historical purchasing information.

2.4 Types of Vehicles

The types of vehicles MassDOT and the MBTA procure are:

Type A – Minivan type vehicle with one or two wheelchair positions and electronic accessibility ramp, seats up to four ambulatory passengers (less or no ambulatory capacity with wheelchair occupancy).

Type E – 8 Passenger - Raised-roof “body-on-chassis cutaway,” single rear wheel, with wheelchair lift, seats up to eight ambulatory passengers and has two wheelchair positions (less ambulatory capacity with wheelchair occupancy).

Type E2 – 12 Passenger - Raised-roof “body-on-chassis cutaway,” dual rear wheel, with wheelchair lift, seats up to 12 ambulatory passengers and has two (2) wheelchair positions.

Type C – 14 Passenger - Raised-roof “body-on-chassis cutaway,” dual rear wheel, with wheelchair lift, seats up to 14 ambulatory passengers and has four wheelchair positions (less ambulatory capacity with full wheelchair occupancy).

Type D – 16 Passenger - Raised-roof “body-on-chassis cutaway,” dual rear wheel, with wheelchair lift, seats up to 16 ambulatory passengers and has four wheelchair positions (less ambulatory capacity with full wheelchair occupancy).

Type LF – 14 Passenger – Low floor minibus, single or dual rear wheel, with wheelchair ramp, seats up to

14 ambulatory passengers and has two wheelchair (less ambulatory capacity with full wheelchair occupancy).

2.5 Year 2 & 3 Pricing and Option Year Bus Pricing

After the first year of the contract, any price adjustments to Years 2 & 3 plus Option Years Bus Pricing for each of the vehicle types will be effective on each anniversary of the effective date of the contract after the first twelve (12) month term. The price adjustment percentage increase will be equal to the LOWER OF

EITHER:

(a) five percent (5%) OR

(b) The Department of Labor (DOL) Bureau of Labor Statistics (BLS) Producer Price Index (PPI) for

Truck and Bus Bodies, Series No. 1413 for November of the preceding calendar year.

Notwithstanding the above, in no case will any price adjustment be less than 0%. The price adjustment will be added to the Base Order Price per bus to form the pricing effective for next year of the contract.

If the BLS stops publishing this index or substantially changes the content or format thereof, the parties will substitute another mutually acceptable index measurement.

Price adjustment SHALL only apply to the Base Cost of the Vehicle & Accessories plus Insurance.

2.6 Applicable Procurement Law

This Bid is federally funded and is issued under the following law(s):

MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

Federal requirement: 49 CFR Part 26.

FTA Circular 4220.1F

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR

1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S.

currency. All responses shall be submitted in accordance with the specific terms of this RFR.

2.7 Number of awards

MassDOT will award multiple contracts as a result of this procurement.

Award will be made on a best value basis. The award selection is based upon consideration of a combination of technical and price factors. MassDOT reserves the right to request any additional information it deems necessary from the apparent low bidder to determine bid responsiveness or bidder responsibility prior to awarding this bid. MassDOT will not allow a bidder’s failure to submit all requested information within the prescribed timeframe to delay the award of this bid.

2.8 Adding Contractors after initial Contract award

If, over the life of the Contract, MassDOT determines that additional vendors should be added, these may first be drawn from qualified companies which responded to this bid but were not awarded contracts. If necessary to meet the needs of MassDOT and/or the MBTA, the Solicitation may be reopened to obtain additional bids.

2.9 Subcontracting

Prior approval from MassDOT is required for any subcontracted service of any contract resulting from this

Solicitation. All selected Bidders are responsible for the satisfactory performance and adequate oversight to their subcontractors. Human and social services subcontractors are also required to meet the same state and federal financial and program reporting requirements are held to the same reimbursable cost standards as contractors.

MassDOT recognizes that it may be necessary for the selected Vendors to use subcontractors to perform portions of the work under the Contract. In those circumstances, the Vendor shall submit a list identifying its subcontractors or joint venture partners performing portions of the work under the Contract. If any changes occur during the term of the Contract, the Vendor shall supplement its list of subcontractors or joint venture business partners. In addition, all subcontractors or joint venture business partners agree to be bound by all of the terms and conditions and specifications of the Contract. MassDOT reserves the right to reject any subcontractor submitted by the Vendor. All subcontracts will be at the sole expense of the Vendor and the

Vendor will be solely responsible for payment of its subcontractors. The Vendor assumes responsibility for all sub-contracting and third party manufacturer work performed under the Contract. In addition, the Vendor will cause all subcontractors to be bound by all of the Terms and Conditions and specifications of the

Contract. The Vendor will be the sole point of contact with regard to all contractual matters.

2.10 Acquisition Method(s)

The acquisition method to acquire goods and/or services from this bid is outright purchase.

2.11 Eligible Entities

MassDOT is responsible for determining the number of vehicles to be purchased, for posting the RFR;

executing contracts, maintaining the procurement file and managing contract administration issues. Proposal review and award decisions, contract negotiation, ongoing contract monitoring and performance evaluation will be performed by MassDOT.

The selected Contractor shall be available to provide additional related services as needed throughout the procurement. This procurement will give the MBTA the ability to purchase vehicles at the MassDOT-negotiated price. However, it does not preclude the MassDOT from choosing to conduct a new procurement for subsequent purchases related to this program.

2.12 Contract Duration

The expected duration of this contract is for (3) three years, with (2) two, one year options to renew at the sole discretion of MassDOT.

2.13 Contract Suspension

A Vendor who fails to perform any one of its obligations under this Contract shall be in breach. In these instances, MassDOT may choose to suspend the Vendor from the contract rather than terminate the

Contract.

In the case of a suspension for MassDOT’s convenience, the amount of compensation due the Vendor for work performed before the suspension shall be determined in the same manner as provided in section for termination for MassDOT’s convenience or the Vendor may be entitled to compensation for work performed before the suspension, less any damage to MassDOT resulting from the Vendor’s breach of this Contract or other fault.

The notice of suspension, whether with or without cause, will be effective immediately on the Vendor’s receipt of the notice. The Vendor shall immediately prepare a report and deliver it to MassDOT, which shall include a detailed description of work completed, percentage of project completion, estimated time for delivery of all orders received to date, and costs incurred by the vendor.

2.14 Contract Termination

2.14.1 Termination for Convenience

MassDOT may terminate this contract, in whole or in part, at any time upon written notice to the Contractor at MassDOT’s convenience. Any such termination shall be effected by delivery to the Vendor of a written

Notice of Termination specifying the extent to which performance of the work under this Contract is terminated, and the date upon which such termination becomes effective. Upon receipt of a Notice of

Termination, Vendor shall submit to MassDOT its termination claim, in the form and with certification prescribed by MassDOT. Such claim shall be submitted promptly. The Contractor may be entitled to compensation for work performed prior to the termination; less any damages to MassDOT and/or the MBTA resulting from the Contractor’s breach of contract or other fault. If the Contractor has any property in its possession belonging to MassDOT, the Contractor will account for the same, and dispose of it in the manner directed by MassDOT.

Terminations exercised in accordance with this section shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

2.14.2 Termination for Default

If the Contractor does not deliver supplies in accordance with the contract delivery schedule or the

Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, MassDOT may terminate this contract for default. Termination shall be effected by serving a written Notice of Termination on the Contractor setting forth the manner in which the

Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by MassDOT that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the

MassDOT, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or may treat the termination as a termination for convenience.

2.14.3 Opportunity to Cure

MassDOT may, in its sole discretion, in the case of a termination for breach or default, allow the Contractor an appropriately short period of time in which to cure the defect. In such case, the Notice of Termination shall state the time period in which cure is permitted and any other appropriate conditions that must be met by the Contractor, as determined by MassDOT.

If Contractor fails to remedy to MassDOT's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) calendar days after receipt by Contractor of written notice from

MassDOT setting forth the nature of said breach or default, MassDOT shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude MassDOT from also pursuing all available remedies against Contractor and its sureties for said breach or default.

2.15 Contract Modifications

Amendments or modifications to the contract must be executed in writing between the parties and signed by

MassDOT.

2.16 Notice of Breach

Each party of this contract has an obligation to provide written notice when it is determined by one party that the other party is in default of this contract. A notice of MassDOT’s default of this contract must be sent to the Deputy Administrator Transit Division and MBTA Deputy Director, Paratransit Operations.

2.17 Contract Damages

The Purchasing Agencies may assess, at a minimum but not limited to, the following damages against a

Vendor

2.17.1 Actual Damages:

Vendor shall be liable to the Purchasing Agencies for all actual and direct damages caused by Vendor’s breach. The Purchasing Agencies may substitute supplies or services, from a third party, for those that were to be provided by Vendor. The Purchasing Agencies may recover the costs associated with acquiring substitute supplies or services, less any expenses or costs saved by Vendor’s breach, from Vendor.

2.17.2 Liquidated Damages:

It is mutually understood and agreed by and between the parties to the Contract that time is of the essence with respect to the completion of the work. In the event that delivery of vehicles is not made within the specified time period, damage shall be sustained by the Purchasing Agencies. In such event, the

Contractor shall pay to the Purchasing Agencies, as liquidated damages and not as a penalty, the sum of

$100.00 per vehicle/per calendar day for each calendar day of delay in excess of the specified date. The

Purchasing Agencies may deduct the sum of liquidated damages from any monies that may become due under this procurement or, if such monies are insufficient, the Contractor or its surety or sureties shall pay the Purchasing Agencies any deficiency in such monies within thirty (30) calendar days.

In case that delivery of vehicles under this bid is delayed because of strikes, injunction, government control, or by reason of any cause or circumstances beyond the control of the successful Contractor(s), the time of delivery may be extended by the number of days of delay resulting from such cause. Delays shall be documented by the successful Bidder. Extensions shall be requested in writing and granted at the sole discretion of MassDOT and/or the MBTA.

2.17.3 Deduction of Damages from Contract Prices

The Purchasing Agencies may deduct all or any part of the damages resulting from Vendor’s breach from any part of the price still due on the contract, upon prior written notice issued to the Vendor.

2.18 Minimum Bid Duration

Bidders responses/bids made in response to this RFR must remain in effect for at least one hundred twenty

(120) calendar days from the date of bid submission and maybe extended at the mutual agreement of both parties.

2.19 Limitation and Liability

Notwithstanding any limitation provisions contained in the documents and materials incorporated by reference into this contract, the Vendor agrees that the Vendor shall be liable for all direct damages due to the fault or negligence of the Vendor.

2.20 Indemnity

The Vendor will indemnify the Purchasing Agencies for any and all claims, damages, lawsuits, costs, judgments, expenses, and any other liabilities resulting from bodily injury to any person (including injury resulting in death) or damage to property that may arise out of or are related to Vendor’s performance under this Contract, providing such bodily injury or property damage is due to the negligence of the Vendor, its employees, agents, or subcontractors.

The Vendor shall also indemnify the Purchasing Agencies against any claim of infringement of a copyright, patent, trade secret, or similar intellectual property rights based on the Purchasing Agencies proper use of any products or supplies under this Contract. This obligation of indemnification will not apply where the

Purchasing Agencies have modified or misused the products or supplies and the claim of infringement, is based on the modification or misuse. The Purchasing Agencies agree to give the Vendor notice of any such claim as soon as reasonably practicable and to give the Vendor the authority to settle or otherwise defend any such claim upon consultation with and approval by the Office of Massachusetts Attorney General. If a successful claim of infringement is made, or if the vendor reasonably believes that an infringement claim that is pending may actually succeed, the vendor will take one (1) of the following four (4) actions:

1) Modify the products or supplies so that is no longer infringing;

2) Replace products or supplies with an equivalent or better item;

3) Acquire the right for MassDOT and/or the MBTA to use the infringing products or supplies as it was intended for MassDOT and/or the MBTA to use under this contract; or

4) Remove the products or supplies and refund the fee that MassDOT and/or the MBTA paid for the products or supplies and the fee for any other products or supplies that required the availability of the infringing products or supplies for it to be useful to MassDOT and/or the MBTA.

2.21 Insurance

Vendors/Contractors must provide a scanned copy of appropriate Certificate of Insurance evidencing the following:

Vendor/Contractor shall, at Vendor’s/Contractor’s cost and expense, at all times during the Term, maintain in full force and effect, and cause its subcontractors, if any, to maintain as a precondition to providing services as described but not limited to services outlined in this RFR adequate insurance coverage, but in no event shall such insurance coverage be less than the types and amounts of coverage listed below. In addition, these are minimum limits and do no limit Vendors/Contractors liability to the minimum limits required below.

(a) Workers’ Compensation Insurance with statutory benefits and Employer’s Liability of not less than $1,000,000 per accident for all persons to be employed by Vendor/Contractor in connection with this RFR. Vendor/Contractor shall continue such insurance as required by Massachusetts General Law Chapter 152 in full force and effect throughout the Term.

(b) General Liability Insurance for all damages arising out of bodily injury or death or damage to property incurred in connection with this RFR. The limit shall be not less than $1,000,000 combined single limit for bodily injury and property damage, $2,000,000 products aggregate and $2,000,000 general aggregate. Such coverage shall be written on an occurrence basis and include, without limitation, the following: (a) Products & Completed operations hazard coverage, (b) Contractual Liability covering this Contract, and (c) Personal Injury Coverage.

This insurance shall expressly provide that the general aggregate limit of liability applies on per project or per location basis.

(c) Automobile Liability Insurance covering owned, non-owned and hired vehicles in accordance with all applicable laws, including, without limitation, the automobile insurance laws of the Commonwealth of Massachusetts, with limits of not less than $1,000,000 combined single limit for bodily injury and property damage. Such coverage shall be written on a per accident basis.

(d) Umbrella Liability Insurance which shall provide excess coverage over the general liability, automobile liability, and the employer’s liability coverages as set forth above. Such coverage shall be no less broad than such primary coverages and shall be written on an occurrence basis with limits of not less than $5,000,000 combined single limit for bodily injury and property injury.

(e) Such other insurance and in such amounts, or higher coverage limits on the insurance specified above, as may be reasonably required by MassDOT from time to time during the Term.

(f) Other Insurance Policy Requirements

i. All insurance maintained by Vendor/Contractor pursuant to this Contract shall be written by insurance companies authorized to do business in the Commonwealth of Massachusetts or if not so authorized, by companies which are approved by the Massachusetts Commissioner of Insurance. All insurance companies writing the insurance required by this Agreement must be reasonably acceptable to the MassDOT and must have a Best’s Financial Strength Rating of “A-” or higher and a Best’s Financial Size Category Class of “VII” or better, unless otherwise approved by the MassDOT in writing.

ii. MassDOT hereby retains the right to periodically review the types and amounts of insurance being maintained by Vendor/Contractor and to require additional insurance to the extent that such additional insurance is commercially available and reasonably prudent under then existing circumstances.

iii. All insurance policies required in subsections (b), (c), (d) shall include by way of endorsement, name MassDOT as an additional insureds to the extent of Vendor’s/Contractor’s indemnification obligations under this Contract and in the amounts set forth above. Vendor/Contractor must submit the endorsement demonstrating the specified additional insured status for each insurance policy for which such endorsement is required.

iv. All casualty insurance policies except for workers compensation, shall be endorsed to provide that, with respect to claims against MassDOT, Vendor’s/Contractor’s insurance policies shall be primary and insurance maintained by MassDOT shall be excess and non-contributory.

v. All insurance policies required above shall be endorsed to waive the insurer’s rights of subrogation against MassDOT but only to the extent of Vendor’s/Contractor’s indemnification obligation under the terms of this Contract; it being the intent of both parties that the waiver of subrogation shall not apply to any loss, claim, damage, injury, cost or expense arising from the gross and willful negligent acts or omissions of MassDOT. The workers compensation policy must be specifically endorsed as such.

vi. All policies required above shall provide MassDOT with 60 days written notification of cancellation. All policies must be endorsed as such.

vii. Vendor/Contractor shall provide certificate(s) of insurance evidencing such coverage to MassDOT prior to the date on which Vendor/Contractor executes and delivers this Contract and not less than fifteen business (15) days after the renewal date of any such insurance without lapse in coverage. Such certificate(s) shall indicate (i) the name and address of the insured and the name of the insurer, (ii) the policy period, (iii) that such insurance shall not be subject to cancellation, or non-renewal by either the insurance company or Vendor/Contractor unless thirty (30) days prior written notice is provided to MassDOT , (iv) the details of coverage, including limits of liability, (v) a waiver of all rights of subrogation with respect to each policy against MassDOT and its bond trustees and mortgagees, and

(vi) a statement that each policy includes MassDOT as additional insureds as their interests may appear on the insurance policies required in subsections (b), (c), (d), and (vii) a statement that with respect to claims made against MassDOT, Vendor’s/Contractor’s insurance is primary and any insurance maintained by MassDOT shall be excess and non-contributory. MassDOT is entitled to rely upon the information provided in any such certificate(s) and Vendor/Contractor is responsible for the accuracy and validity of such information.

2.22 Debriefing

The MassDOT Rail & Transit Division (RTD) may offer procurement debriefings as a courtesy to Bidders, no earlier than two (2) weeks after the contract award(s). MassDOT RTD reserves the right grant or reject a request for a debriefing. If the request for debriefing is granted, the Procurement Officer will schedule a debriefing meeting not to exceed one (1) hour in length and request that Bidder submit a list of questions in advance of the meeting on the referenced RFR and the Bidders RFR response. Finally, the MassDOT RTD will only discuss the individual Bidders response and will not respond to any questions regarding any other

Bidders RFR response. The written request for debriefing shall include the name of the protestor, solicitation/ bid number or description, and a statement of the grounds for protest. It should be addressed to:

Monica E Auguste

Procurement Officer

Massachusetts Department of Transportation

Rail & Transit Division

10 Park Plaza, Room 4160

Boston, MA 02116

Phone: (857) 368-8984

2.23 Right of Protest (FTA Circular 4220.1F)

If a Contractor has a grievance with a solicitation or award, they may protest to the Procurement Officer within two (2) weeks after the award(s). The written protest shall include the name of the protestor, solicitation/ bid number or description, and a statement of the grounds for protest. Protests should be addressed to:

Monica E Auguste

Procurement Officer

Massachusetts Department of Transportation

Rail & Transit Division

10 Park Plaza, Room 4160

Boston, MA 02116

Phone: (857) 368-8984

Monica.Auguste@dot.state.ma.us

The Procurement Officer will investigate the complaint and decide whether the complaint is justified and if so, what corrective action should be taken. All decisions by the Procurement Officer are final. The Federal Transit

Administration will only entertain a protest that alleges the Massachusetts Department of Transportation failed to follow the stated protest procedures. Such protests to FTA shall be filed in accordance with FTA

Circular 4220.1F.

2.24 Post Award Meeting

After award of the contract, prior to commencement of any activity by the successful Bidder(s), a post-award meeting addressing such topics as delivery schedule, method of construction, title work, payment of invoices, etc., may be scheduled. The post award meeting may be scheduled in MassDOT office in Boston, MA or as a conference call originating from MassDOT. In either case, MassDOT will contact the bidders prior to commencement of any activity in order to arrange the details of the meeting/conference call.

2.25 Delivery and Acceptance Provisions

2.25.1 Free On Board (F.O.B) Destination

The net unit bid price shall include delivery charges, Free on Board (F.O.B) to the MBTA or to the sub-recipient or user agency identified by MassDOT. The Vendor shall be responsible for, and shall include in the cost of its bid, and bears the risk for the transportation/delivery of goods delivered to the specified locations provided by the purchaser.

2.25.2 Delivery Hours

All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, except

State Holidays unless special permission is granted by MassDOT to temporarily waive or adjust this requirement.

2.25.3 Delivery and Issuance of Title

All vehicles shall be delivered complete, with all necessary appurtenances and equipment, and conforming to all technical specifications required in Attachment A, Attachment B, and Attachment C (collectively referred to as the “Attachments”) herein. The first vehicle unit produced by the Contractor shall be delivered within one hundred and fifty (150) calendar days of receipt of the completed purchase order from the Purchasing mailto:Monica.Auguste@dot.state.ma.us

Agencies. Adequate documents for securing title shall be provided to the Purchasing Agencies on or before delivery of the vehicle as specified in the Attachments. The Purchasing Agencies shall be notified by manufacturer(s) of delivery schedule prior to any delivery and agreed upon delivery date. At the request of the Purchasing Agencies, the Contractor shall furnish invoices prior to delivery, to facilitate processing final payments. However, payment for vehicle and ancillary equipment will not be approved until the vehicle is accepted by the Purchasing Agencies as meeting or exceeding all specifications. Delivery does not constitute acceptance for payment.

The vehicle shall be delivered to the purchaser at the address identified by the Purchasing Agencies in the

Contract. Delivery shall be determined by signed receipt of the contact person or designee, at the point of delivery. Furthermore, since a common carrier is an independent concern, any delay in delivery resulting from the common carrier’s operations, accident, or mechanical failures on route will be considered cause beyond the control of the Contractor, provided that the vehicles were delivered to said carrier with ample time for delivery within normal operating conditions.

If any vehicle is delivered over-the-road, a written report shall be submitted by the driver listing all incidents and unusual vehicle performance during delivery. The Contractor shall also submit a comprehensive engineering report to the Purchasing Agency and sub-recipient, if any, describing the nature of any service or repair and the cause. All vehicles shall be delivered ready for operation and the Contractor shall assume all responsibility and liability incident to said delivery.

Receipt of vehicle(s) or placement in operation of the vehicle(s) by the Purchasing Agency or grant sub-recipient shall not release the Contractor from liability for, and repair or replacement of, faulty workmanship or materials, appearing even after final payment has been made. Risk of loss shall not pass to the sub-recipient or Purchasing Agency until the vehicle(s) have either been accepted or until the vehicle(s) are insured and registered, or until the vehicle(s) are placed in passenger service.

Delivery of the vehicles does not constitute acceptance by the Purchasing Agencies. Vehicles shall be considered “accepted” upon the inspection by the Purchasing Agency and sub-recipient, if any, and the issuance of a written notice of acceptance to the Contractor. The Purchasing Agency and sub-recipient, if any, shall perform a post-delivery inspection of the vehicle to determine if the vehicle complies with the specifications, conditions, and requirements as stated herein and shall notify the Contractor in writing of any areas found to be in non-compliance.

2.25.4 In-plant Inspection

The Purchasing Agencies and/or any political subdivision receiving a vehicle reserves the right to inspect any and all vehicles and ancillary equipment being furnished by the successful bidder (Vendor) as a result of this term contract and reserve the right to reject all material and workmanship which does not conform to the specifications or accepted practice. The inspection(s) may take place at the vehicle manufacturer’s primary place of business, the vendor’s primary place of business, the receiving agency or at a site mutually agreeable to the Vendor and the Purchasing Agencies. If any defective or non-compliance items are found during the inspection, the Purchasing Agencies may request sub-sequent inspections at a date agreeable to both parties. For all vehicles the vendor shall submit to the Purchasing Agencies a production schedule and a projected delivery schedule of the completed vehicle as soon as possible after receipt of the purchase order(s).

The trip shall allow sufficient time (during normal business hours) for the inspector to travel to and from the place of inspection and adequate time to thoroughly inspect the vehicle(s), including a critique of the inspection. It is intended that all facets of the manufacturing process be reviewed; however, it is intended that the trip not exceed two (2) working days at the actual manufacturing plan.

2.25.5 Inspection of the Vehicle

Upon receipt of the vehicle at the delivery location, the vehicle shall be inspected by the Purchasing Agency and grant sub-recipient, receiving the vehicle. The Purchasing Agency and grant sub-recipient, if any, shall not be deemed to have accepted any vehicle until it has passed all such inspections in the sole and absolute opinion of the Purchasing Agency.

If a vehicle is found to be in non-compliance, the Purchasing Agency shall notify the Contractor in writing.

Correction of items in noncompliance must be made by the Contractor in no more than thirty (30) days after notification by the Purchasing Agencies of non-acceptance. If, after 30 (days) any or all reported items remain incomplete or incorrect, the necessary correction may be made by the user agency or an approved company, with new and/or repaired parts, and the cost of labor for removal and installation of said parts, and the cost of said parts and transportation charge thereon shall be reimbursed to the user agency by the

Contractor, or subtracted from monies due. In addition, if after thirty (30) days a mutually-acceptable remedy cannot be accomplished, the Purchasing Agencies reserve the right to reject the vehicle and demand replacement.

The Contractor shall provide full and competent engineering service to handle and correct any problems associated with the performance of vehicles delivered. At least one qualified service representative shall be available to render prompt service.

3 ESTIMATED PROCUREMENT CALENDAR

All dates are estimated and subject to change. MassDOT reserves the right to hold oral presentations with selected proposers.

Event Date

RFR Release 3/11/2019

Deadline of written questions from Bidders via

COMMBUYS

4/1/2019 4:00PM

Official answers published on COMMBUYS

(Estimated). Bid submission begins. Bid documents will not be amended after this date.

4/19/2019

Deadline for emailing Bid Response Form, Technical and Cost Proposals via COMMBUYS

5/03/2019 4:00 PM

Interviews: MassDOT reserves the right to perform interviews if desired (Estimated)

5/20/2019-5/31/2019

MassDOT completes review of proposals 6/21/2019

Contract negotiations, if required 7/12/2019

Notification of Selection/Non Selection (Estimated) 7/30/2019

Contract: Estimated Contract Start Date 12/1/2019

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

4 GENERAL TERMS

4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued

October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services

(EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP

ProcurementProgram,www.mass.gov/epp.TheOrdercanbseenat http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf.

4.2 Environmental plan

Beginning the first year of the Contract and throughout the life of the Contract, awarded Bidders must agree to work with MassDOT to examine the feasibility of implementing an environmental plan. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Such a plan may include, but not be limited to, the following:

Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

Encouraging environmental initiatives at a corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment; such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

Adopting standards and/or obtain certifications, where applicable, for product development and manufacturing processes such as but not limited to LEED, ISO 14001, Cradle to Cradle (C2C)

Protocol, Green Seal, Environmental Choice and others.

Using alternative fuel vehicles for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles with guidance on anti-idling initiatives.

Working with MassDOT to develop and…