RFR Tie Crane and Speed Swing.pdf

THE COMMONWEALTH OF MASSACHUSETTS

Request for Response (RFR)

Document Title: Tie Crane and Speed Swing RFR

COMMBUYS Bid#: BD-26-1030-0T100-0T100-121321

Release Date: 10/2/2025

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www..com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888-MA-STATE (627- 8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m. Monday through Friday, Eastern Time, except during federal, state, and Suffolk County holidays.

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

Table of Contents

1.0 INTRODUCTION

2.0 OVERVIEW

3.0 DETAILED SCOPE OF WORK

3.1 Equipment Procurement

3.2 Manuals and Training

3.3 Certificate of Origin

3.7 Regulatory Compliance

3.8 General Conditions

4.0 GENERAL EQUIPMENT DESCRIPTION

4.1 General (Tie Crane)

4.2 General (Speed Swing)

4.3 Vehicle Controls

4.4 Wheels and Braking Systems

4.5 Safety

4.6 Cabin

4.7 Toolbox

4.8 Optional Accessories

4.9 Painting

4.10 Instruction Plates

4.11 Required Submittals

4.12 General (Tie Crane) ................................................................................ Error! Bookmark not defined.

5.0 MANUALS

5.1 Manuals

6.0 TRAINING

7.0 WARRANTY

7.1 Written Terms of Warranty

8.0 REQUIRED BID DOCUMENTATION

8.1 Quote

8.2 Brochures

9.0 APPLICABLE PROCUREMENT LAW

9.1 Number of awards

9.2 Adding Contractors after initial Contract award

9.3 Eligible Entities

9.4 Acquisition Method(s)

9.5 Contract Duration

9.6 Estimated Value of the Contract

9.7 Rejection of Quote / Minimum Bid Response Duration

9.8 Non-Compliance of Contractor

9.9 Use of Subcontractors

9.10 Public Opening

9.11 Debriefing

9.12 Acceptance

9.13 Contract Termination

9.14 Contract Modifications

10.0 ESTIMATED PROCUREMENT CALENDAR

10.1 Written questions via the Bid Q&A on COMMBUYS

10.2 Locating Bid Q&A

10.3 Amendment Deadline

10.4 Oral Presentations/Product Demonstrations

10.5 Site Inspection

10.6 Requirements at Contract or engagement termination

11.0 SUPPLIER DIVERSITY PROGRAM

11.1 Supplier Diversity Program (SDP) Resources:

12.0 ENVIRONMENTAL SPECIFICATIONS / OTHER AGREEMENTS / PROMPT PAYMENT

DISCOUNT

12.1 Executive Order 515, Establishing an Environmental Purchasing Policy

12.2 Environmental plan

12.3 License Agreements and Service Agreements

12.4 Prompt Payment

12.5 Best and Final Offers

12.6 Invoicing and Payment

12.7 Emergency response plans/preparedness

13.0 OTHER TERMS

13.1 Reporting

13.2 Security and confidentiality

13.3 System Security

13.4 MassDOT Data

13.5 Data Privacy and Security Breaches

13.6 EOTSS Security Policies and Standards ............................................. Error! Bookmark not defined.

13.7 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth .............................................................................................. Error! Bookmark not defined.

13.8 Massachusetts General Law 93H Security Breaches ......................... Error! Bookmark not defined.

13.9 Massachusetts General Law 93I Dispositions and Destruction of Records .. Error! Bookmark not defined.

13.10 Payment Card Industry (PCI) Data Security Standard – Version 3.2, or later if applicable

Error! Bookmark not defined.

13.11 Payment Application Data Security Standard – Version 3.2, if applicable .. Error! Bookmark not defined.

13.12 Participation in MassDOT’s Third-Party Risk Management Engagements . Error! Bookmark not defined.

13.13 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) ... 25

13.14 Alternatives

13.15 Performance Criteria

13.16 Indemnification

13.17 Accessible Electronic Deliverables

13.18 Public Records Law

14.0 AUDIT

15.0 AWARD AND REJECTION OF BIDS

16.0 INSURANCE

17.0 INSTRUCTION FOR SUBMITTING ELECTRONIC QUOTE

17.1 RFR Quote Submission Requirements

17.2 Offeror Instructions for Submitting RFR Quote

18.0 RFR FORMAT

18.1 RFR QUOTE FORMAT:

18.2 Tab 1: Cover Letter, Table of Contents & Management Summary of Company

18.3 TAB 2 – RFR CONTRACTOR QUALIFICATIONS,

18.4 Tab 3 –References (Business Reference Contact Information) -(Maximum 2-Pages)

18.5 TAB 4 – FINANCIAL CAPABILITY (NO MAXIMUM LIMIT ON PAGE COUNT)

18.6 Tab 5 – Audit & Insurance (Audit & Insurance – Maximum 1-Page)

18.7 Tab 6 – Technical Proposal/Quote

18.8 Tab 7– Project Schedule (Maximum 1- Page)

18.9 Tab 8– Price Proposal

18.10Tab 9 – Required Forms

19.0 EVALUATION CRITERIA

19.1 Quote Evaluation Criteria

19.2 Mandatory and Desirable Proposal Elements

19.3 Desirable specifications

20.0 HOW TO SUBMIT A QUOTE – SEE APPENDIX 2

21.0 REQUIRED TERMS FOR RFR

21.1 General Procurement Information

21.2 Terms and Requirements Pertaining to Awarded Contracts

22.0 APPENDIX 1 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF COMMONWEALTH

STANDARD FORMS

22.1 MassDOT Standard Contract Form

22.2 MassDOT Terms and Conditions/MassDOT IT Terms and Conditions

22.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) ... 43

22.4 Contractor Authorized Signatory Listing

22.5 Supplier Diversity Program Plan Form

22.6 Current Environmentally Preferable Products / Practices Form

22.7 Prompt Payment Discount Form Ink signature is not required

22.8 Business Reference Form

23.0 APPENDIX 2 INTRODUCTION

1.0 INTRODUCTION

The Commonwealth of Massachusetts Department of Transportation, Rail and Transit Division, (MassDOT or RTD) is seeking to select one or more parties to furnish the new tie crane and new speed swing described in this RFR. MassDOT intends to purchase a minimum of one (1) tie crane and one (1) speed swing with the ability to purchase additional numbers of each as described in this RFR.

This Specification defines the requirements for performance, design, manufacturing, assembly, testing, delivery, and acceptance of the specified tie crane and speed swing. All MOW vehicles furnished by the successful bidder must comply with all Federal Railroad Administration (FRA) requirements and all other applicable Federal, State and Local laws and regulations. All specifications, components, and original equipment manufacturer (“OEM”) products shall comply with the standards of the Society of Automotive Engineers (“SAE”), and all other applicable Federal, State and Local standards for engineering, quality, reliability, and safety. This specification includes requirements concerning compliance demonstration (design review, testing, and inspection), product support (documentation, training, and test equipment), and data submittals. While this specification makes every attempt to provide accurate information on the operating conditions per industry standards, it is the responsibility of the successful bidder to verify that these conditions are met, and to ensure that the design is compatible with them.

2.0 OVERVIEW

This specification is intended to provide a general description, together with certain specific detailed requirements, for one (1) new tie crane with a lifting capacity of 1,200 pounds minimum at 20 feet from the center of the track, a tie grapple capable of 360° continuous rotation, and a diesel engine that meets EPA Tier IV standards, as well as one (1) new speed swing with a minimum load capacity of 10,000 pounds, 180° boom rotation, and a diesel engine that meets EPA Tier IV standards. This specification is not intended to dictate any specific design, but rather to indicate the general type of equipment, and the standard level of performance desired. The intention of this specification is to provide for the purchase of such equipment that is of substantial and durable construction in all respects and complies with all applicable standards for railroad equipment. Prospective bidders are encouraged to submit bids for one (1) tie crane, one (1) speed swing, or for both pieces of equipment.

All bids must contain itemized costs for each piece of equipment.

3.0 DETAILED SCOPE OF WORK

3.1 Equipment Procurement

3.1.1 General equipment description: The successful bidder shall furnish one (1) new tie crane and one (1) new speed swing. The bidder shall ensure that this compatibility includes size requirements, and all operating parameters outlined in this scope of work. The equipment shall provide optimum economical performance for the workload required.

3.1.1.1 Prospective Bidders are encouraged to submit bids for one (1) or both of the above pieces of equipment. All bids must have itemized pricing for each individual piece of equipment.

3.1.2 The Contractor shall deliver a tie crane and speed swing with all specified equipment that is complete, fully functional and ready for service. MassDOT shall not be required to supply any components needed, other than fuel, to utilize all features of the tie crane and speed swing, accessories and specified equipment in service.

3.1.3 Specific quality expectations: All body hardware must be of the best quality, rugged construction and good design.

3.1.4 Generic vs. Original Equipment Manufacturer (OEM) Specifications: Whenever this specification defines the material or article required by using a proprietary product of a manufacturer (OEM) or vendor rather than by using descriptive detail of substance and function, the term "or equal" always is understood to follow immediately the name of the make, vendor, or proprietary product. An item of material shall be considered equal to the item so named in the specification if:

3.1.4.1 It is at least equal in quality, durability, capacity, appearance, strength, tolerances and design.

3.2 Manuals and Training

3.2.1 The Contractor shall supply manuals and training in compliance with the requirements of

Section 5.

3.3 Certificate of Origin

3.3.1 A Certificate of Origin shall be delivered with each unit.

3.4 Pre-Delivery Testing – Contractor

3.4.1 The complete tie crane and speed swing, including all necessary devices and equipment, shall be fully tested and put in proper working condition by the Contractor prior to delivery to MassDOT.

3.5 Pre-Delivery Inspection and Testing – Contractor with MassDOT

3.5.1 The Contractor shall contact Kevin McGrath from the MassDOT’s Division of Rail at 857-

368-8737 to schedule pre-delivery inspection on a mutually agreeable date.

3.5.2 The Contractor shall provide a representative to assist the MassDOT in the inspection of the tie crane and speed swing.

3.5.3 At time of pre-delivery inspection, the tie crane and speed swing shall be completely ready for service.

3.6 Post-Delivery Inspection and Testing – Contractor with MassDOT

3.6.1 Post-delivery inspection is to be performed on MassDOT property.

3.6.2 In preparation for the post-delivery inspection and testing, the Contractor shall ensure that the tie crane and speed swing are completely ready for service.

3.6.3 Manufacturer shall provide written report and all test documentation indicating the equipment complies with the manufacturer’s internal testing procedures.

3.6.4 The Contractor shall contact Kevin McGrath from the MassDOT’s Division of Rail at 857-

368-8737 to schedule delivery and acceptance testing on a mutually agreeable date.

3.6.5 The Contractor shall provide a representative on-site to assist the MassDOT in completely testing and accepting the tie crane and speed swing. This testing shall include:

3.6.5.1 Demonstration of functionality with MassDOT’s systems and all new attachments provided under this procurement by and checking all functions of the attachment.

3.6.6 Delivery shall be made between the hours of 8:00 A.M. – 3:00 P.M., Monday through Friday, excluding holidays, to:

Massachusetts Department of Transportation

236 Greenfield Road, South Deerfield, MA 01373

3.6.7 The Contractor shall be responsible for all arrangements and shipping costs to the location provided in section 3.6.6.

3.7 Regulatory Compliance

3.7.1 The equipment and materials provided by the Contractor shall comply specifically with the requirements of MassDOT, the FRA, Association of American Railroads (“AAR”), and all other applicable federal, state and local codes in effect at the time of submission of proposal by the Contractor.

3.7.2 If a conflict is discovered among any of the above requirements, the following order of priority shall govern:

• Federal Laws

• Laws of the Commonwealth of Massachusetts

• Purchase Agreement and Specification

• In the event of such conflict, the Contractor shall notify the MassDOT promptly

3.8 General Conditions

3.8.1 The MassDOT shall grant acceptance of the tie crane and speed swing only after all deficiencies found during inspection and testing have been fully corrected by the Contractor.

3.8.2 Specification content: The Contractor shall take no advantage of any apparent error or omission in these specification documents. In the event the Contractor discovers an error or omission, he/she shall immediately notify MassDOT. MassDOT shall then make such corrections and interpretation as may be deemed necessary for fulfilling the intent of the Specification.

4.0 GENERAL EQUIPMENT DESCRIPTION

The specifications outlined in Section 4.0 are included to give prospective bidders an outline of the equipment technical requirements. Prospective bidders are encouraged to submit bids for equipment with “approved equal” substitutions, for MassDOT review, if the equipment platforms utilize alternative systems/equipment to achieve the desired functionality.

The prospective bidder(s) shall specify the model offered and furnish a detailed Technical Description of the equipment. This will include the system/sub-systems of the working mechanisms included with the tie crane and speed swing procurements.

4.1 General (Tie Crane) -One (1) new and unused tie crane designed for a 15-year life.

4.1.1 Tie crane shall have a lifting capacity of at least 1,200 lbs. at 20’ from the center of the track.

4.1.2 Tie crane shall be powered by a Tier IV diesel engine that produced as least 70hp.

4.1.3 Tie crane shall not weigh more than 37,500 lbs.

4.1.4 Tie crane shall have a fuel capacity of at least 35 gal.

4.1.5 Tie crane upper deck shall be capable of 360° continuous rotation.

4.1.6 Tie crane shall be rail bound equipment with insulated wheels.

4.1.7 Tie crane shall be sized to travel on-rail and shall conform to AAR Plate C clearance requirements

4.2 General (Speed Swing)

4.2.1 One (1) new and unused speed swing designed for a 15-year life

4.2.2 Speed swing shall have a life and carry capacity of at least 10,000 lbs.

4.2.3 Speed swing shall be capable of swinging 90° in either direction from center.

4.2.4 Speed swing shall be powered by a Tier IV diesel engine that produces at least 160hp.

4.2.5 Speed swing shall have a turning radius of at least 20ft.

4.2.6 Speed swing shall come equipped with hi-rail gear to allow for on-rail operations.

4.2.7 Speed swing shall not weigh more than 40,000 lbs.

4.2.8 Speed swing shall have at least a 40-gal. fuel capacity.

4.2.9 Speed swing shall be sized to travel on-rail and shall conform to AAR Plate C clearance requirements.

4.3 Vehicle Controls

4.3.1 Tie crane and speed swing cabs shall have a roughly 100 cu ft capacity, unobstructed view of the boom, and air conditioning and heating or approved equal.

4.3.2 Tie crane shall have joystick controls of approved equal.

4.3.3 Speed swing shall have a six (6) speed automatic transmission or approved equal. Speed swing operator control system shall be submitted to MassDOT for approval.

4.3.4 Any installed grab handles, steps and running boards shall conform with American

Railway Engineering and Maintenance-of-Way Association (“AREMA”) standards. Grab handles must be one continuous piece so that operator will not have to remove hand(s) from handrail while ascending or descending the Equipment.

4.4 Wheels and Braking Systems

4.4.1 Tie crane shall have 16” solid cast steel wheels or approved equal, for operations on standard gauge track.

4.4.2 Tie crane shall operate with pneumatic brakes and mechanical emergency brake.

Approved equal braking systems will be reviewed by MassDOT.

4.4.3 Tie crane wheel contour and gauge shall comply with latest AAR standards as required for the size and type wheels that are furnished with the Equipment.

4.4.4 Speed swing shall have retractable hi-rail wheels for on-rail operations.

4.4.4.1 Hi-rail wheels shall be non-insulated steel cast wheels or approved equal.

4.5 Safety

The operator, assistants, bystanders and property shall be protected against Equipment hazards that constitute danger to them/it. All moving parts that may constitute a hazard to the operator, assistants or bystanders shall be protected with a shield or safety device.

4.5.1 Safety appliances will be manufactured and installed in accordance with current AAR and FRA Part 231 Standards. The Equipment shall conform to current FRA and OSHA regulations and other regulatory agencies where applicable.

4.5.2 Handrails or grab irons shall be provided wherever it Is intended for personnel to mount Equipment.

4.5.3 Grab handles must be one continuous piece so that the operator will not have to remove hand(s) from the handrail while ascending or descending the Equipment. Handrails shall be rigidly fastened.

4.5.4 The operator, assistants, bystanders and property shall be protected against Equipment hazards that constitute danger to them/it. All moving parts that may constitute a hazard to the operator, assistants or bystanders shall be protected with a shield or safety device.

4.5.5 Safety appliances will be manufactured and installed in accordance with current AAR and FRA Part 231 Standards. The Equipment shall conform to current FRA and OSHA regulations and other regulatory agencies where applicable.

4.5.6 Handrails or grab irons shall be provided wherever it Is intended for personnel to mount Equipment.

4.5.7 Grab handles must be one continuous piece so that the operator will not have to remove hand(s) from the handrail while ascending or descending the Equipment. Handrails shall be rigidly fastened.

4.5.8 The lowest steps utilized for mounting machine shall not be more than thirteen inches (13”) above the top rail. Any area intended for mounting equipment shall meet this requirement. Steps must be equidistant apart.

4.5.9 Any component or Equipment part capable of falling or dropping from the retracted position while traveling shall have mechanical means of locking in position.

4.5.10 All moving parts shall be guarded when such parts are exposed to contact by personnel or otherwise create a hazard.

4.5.11 An Amerex, or approved equal, 5-pound refillable fire extinguisher with a 1A10BC rating, visible gauge and an Amerex, or approved equal, mounting bracket installed on the body in a location to be determined by MassDOT at the time of pre-paint. A 2 ½ pound capacity refillable fire extinguisher with a 1A10BC rating, and a visible gauge manufactured by Amerex or approved equal shall be installed in the cab in the vicinity of the driver on both the tie crane and speed swing.

4.5.12 Ecco “Smart Alarm”, Preco or approved equal shall be installed on both the tie crane and speed swing. 87 dB (minimum) to 112 dB, automatic sound adjustment shall raise or lower the volume level maintaining a minimum of 5 dB above the surrounding noise level, indoors or outdoors.

4.5.13 Both the tie crane and speed swing shall be provided with horns that shall be distinctly audible from a distance of at least 1000 feet. The electric/pneumatic horns shall be operated by means of push buttons provided in the cab.

4.5.14 Safety stop switches shall be provided all around the tie crane and speed swing. Safety equipment shall meet or exceed FRA Safety Standards.

4.5.15 The tie crane and speed swing shall come equipped with front and rear auxiliary lights.

4.5.16 The tie crane and speed swing shall come equipped with onboard first aid kits.

4.6 Cabin

4.6.1 The tie crane and speed swing shall come equipped with full enclosed, sound dampening cabins.

4.6.2 Tie crane and speed swing shall come equipped with glass windows. It shall be possible to have a clear view of the track ahead while driving vehicles in either direction.

4.6.3 The gauges, instruments, and controls shall be suitably located in the operator’s cab so that they can be clearly observed by the operator while in travel and work modes.

4.6.4 The operator’s cabins on the tie crane and speed swing shall be ergonomically designed to have easy access to all the controls. The operator shall have a full view of the working area from the operating seat with full control over the work.

4.6.5 The operator’s cabins on the tie crane and speed swing shall be air-conditioned for a dust-free atmosphere. The air conditioning provided shall be of robust industrial design.

4.7 Toolbox

4.7.1 The tie crane and speed swing shall be provided with a securable job box or other adequate space for the storage of tools.

4.7.2 A complete tool kit required for emergency and on-site repairs shall be provided and capable of being stored in the provisions provided in section 4.7.1.

4.7.3 All special tools required for the repair and maintenance of the tie crane and speed swing shall be provided with the delivery of the machines.

4.8 Optional Accessories

4.8.1 MassDOT reserves the right to add any or none of the vehicle when the purchase order is issued.

4.8.2 Prospective bidder is to submit all optional accessories for the equipment, with pricing, for MassDOT to review at the time of bid opening.

4.9 Painting

4.9.1 Both vehicles shall be painted manufacturer’s standard offering yellow. OEM quality concerning paint adhesion, gloss and finish shall be followed, subject to MassDOT final inspection.

4.9.2 The cab, body and all accessories shall be furnished with a quality, commercial grade OEM MassDOT 6695 Yellow, urethane white (pure) will be considered by MassDOT to improve delivery time. All surfaces shall be free of dents, gouges, buckles, surface scale, rust, corrosion and any other surface irregularities and defects. All surfaces shall be cleaned and conditioned in accordance with the paint manufacturer’s recommended procedures for base material and final coating application.

4.9.3 Retroreflective sheeting shall be installed to meet the requirements of 49CFR part 224.

4.9.4 Paint type, application procedure and arrangement will be submitted to MassDOT for approval.

4.9.5

4.10 Instruction Plates

4.10.1 Equipment shall be equipped with instruction plates, including, but not limited to diagrams, warnings and cautions, describing any special or important procedures to be followed in assembling, operating, or servicing the Equipment. Each plate shall be attached permanently in a conspicuous, protected location on the Equipment.

4.11 Required Submittals

4.11.1 At a minimum the contractor shall supply the following submittals as part of the build process for review by MassDOT or their consultant:

• Provide a production schedule for the entire equipment order for review and approval.

• Provide drawings of as-built vehicles and all vehicle systems.

• A detailed listing of all standard and optional equipment must be provided. As a minimum, this listing is to include all items described in this Specification.

• Provide a complete list of as-built specifications for all components and structural elements included in the equipment body Underframe Construction, Truck, Air Brake, Coupler and Draft Gear, Superstructure, Wheels and Axles, Safety Devices, Painting and Stenciling components of the as-built equipment.

• Paint type, application procedure and arrangement drawings and procedures.

• Location of all ladders and walking surfaces

• Brake system arrangement

• AAR or other specification reference

• All other documentation described in this specification.

5.0 MANUALS

5.1 Manuals

5.1.1 A total of five (5) of each of each of the following publications shall be furnished by the Contractor and delivered to the MassDOT with the delivery of the tie crane and speed swing:

• OEM Equipment Operating Instruction Manuals

• OEM Shop Maintenance Manuals & Updates

• OEM Parts Catalogs & Updates

6.0 TRAINING

6.1 The Contractor shall submit a training plan to the MassDOT for review and acceptance two

(2) weeks prior to the scheduled training classes.

6.2 The Contractor-provided training shall ensure that MassDOT personnel clearly understand the usage of the tie crane and speed swing.

6.3 A minimum of two 8-hour classes of on-site training shall be provided on dates that are mutually agreed upon by the Contractor and MassDOT.

6.4 The operations training shall include, but not be limited to:

• Description of the equipment (to include lifting and handling limitations)

• Description of all safety precautions.

• Demonstration of the functions of all equipment and accessories.

• Hands-on training by each participant

6.5 The maintenance training shall include, but not be limited to:

• Description of the equipment (including lifting and handling limitations)

• Description of all safety precautions

• Functional demonstration of all equipment and accessories supplied under this procurement and existing in MassDOT.

• Demonstration of all preventative maintenance procedures

• Troubleshooting common problems

• Hands-on training by each participant

7.0 WARRANTY

7.1 Written Terms of Warranty

7.1.1 Warranty Period: The entire vehicle shall be covered by a minimum of one (1) year. This shall include full-vehicle warranty.

7.1.2 Any additional warranties provided for the subcomponents shall be transferable to MassDOT.

8.0 REQUIRED BID DOCUMENTATION

8.1 Quote

The following information on the proposed Tie Crane & Speed Swing must be provided by all bidders. Please supply all requested information with the bid. Bidder must furnish all information requested in this section or that bid may be considered as not in compliance with this Specification, which may be a basis for bid rejection.

8.2 Brochures

Descriptive brochures & specifications: Bidder shall submit descriptive brochures and detailed specifications as to the overall unit and accessory equipment proposed. This shall include, but not be limited to:

• A detailed listing of all standard and optional equipment must be provided. As a minimum, this listing is to include all items described in this Specification. The listing shall be in the same sequence as in this Specification, for ease of comparison.

• A listing of any exceptions to this Specification or proposed equal to the items specified. Adequate supportive data to allow MassDOT to determine the acceptability of the exception must be submitted. If exceptions are not applicable, then a statement to that effect shall be submitted.

• A general arrangement drawing depicting the proposed vehicle, as it shall be delivered. The drawing shall consist of left and right sides, front and rear elevations and show overall and outline dimensions.

• Warranty and guarantees: Bidder shall submit a written statement as to the terms of warranty as part of the quote. This statement shall, at a minimum, be sufficient to determine whether the warranty meets the requirements of this Specification.

9.0 APPLICABLE PROCUREMENT LAW

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

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

9.1 Number of awards

MassDOT, Rail and Transit Division may award multiple contracts as a result of this procurement.

Selected Contractor(s) warrants that in the performance of this Agreement, it shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder

9.2 Adding Contractors after initial Contract award

If, over the life of the Contract, MassDOT Rail and Transit Division determines that additional Contractors should be added, these may first be drawn from qualified companies that responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quote.

9.3 Eligible Entities

Any contract resulting from this Bid will be open for use by MassDOT and the Massachusetts Bay Transportation Authority.

9.4 Acquisition Method(s)

The acquisition method for this solicitation is outright purchase contract for Goods and Services.

9.5 Contract Duration

The initial contract duration is anticipated to be for a period of five (5) years with three (3) options to extend for a period of one (1) year each. The initial number of years plus all renewal periods add to an anticipated maximum of eight (8) years total. MassDOT shall not be obligated to exercise any option terms.

No service may be ordered and no other agreements for services may be executed after the Contract has expired. The length of the contract, specifically the contract start date, is dependent upon receiving properly executed award paperwork from the bidder. If award paperwork is received late, the full contract length may be less than indicated above. The contract end date shall remain the same for all vendors. No agreements for services may be executed after the Contract has expired.

9.6 Estimated Value of the Contract

The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

MassDOT reserves the right to negotiate modifications, adjustments, final prices and other performance terms and conditions identified in the Bidders’ Response at any time during the period of the RFR and the contract to achieve the best value for MassDOT.

The Contractor and all sub-consultants shall make available (at no cost to MassDOT) their Quality Assurance/Quality Control Program and Procedures for MassDOT review upon request.

9.7 Rejection of Quote / Minimum Bid Response Duration

MassDOT Rail and Transit Division may reject any RFR bid if the Contractor takes exception to the terms and conditions of this RFR, includes unacceptable assumptions or conditions in its quote, fails to comply with the procedure for participating in the RFR process, is not in the required format, or fails to meet any requirement of this RFR. MassDOT Rail and Transit Division also may cancel this RFR, reject any or all of the Quote and/or seek to do the work through a new RFR or other means.

A Quote submitted hereunder will remain valid for a period of one hundred sixty (160) days from its submission date and will become part of the contract negotiated with MassDOT Rail and Transit Division.

9.8 Non-Compliance of Contractor

MassDOT Rail and Transit Division reserves the right to supplement services by soliciting another awarded Contractor or a bidder associated with this RFR in the event that the Awarded Contractor is unable to maintain adequate delivery schedules, non-delivery or the products being delivered do not meet required specifications. When an Awarded Contractor does not comply with the contract, the Awarded Contractor shall be responsible for any additional cost incurred and expense suffered by the MassDOT Rail and Transit Division because of its action. An Awarded Contractor may be prohibited from further performance under any awarded contract for the reasons stated above.

9.9 Use of Subcontractors

Bidders may propose subcontractors, all of whom must be disclosed in full and approved by MassDOT in advance. The subcontractor information furnished must include a description of the work to be performed by each subcontractor and the percentage of the total effort that work represents. MassDOT will hold the Bidder responsible for meeting the requirements of the contract even if a subcontractor is performing specific services.

9.10 Public Opening

There is NO public opening of this RFR. MassDOT Rail & Transit Procurement Officer (or designee) will receive the RFR Quote on behalf of MassDOT and reports to the Evaluation Committee.

COMMBUYS serves as the system of record for receipt of all the RFR’s responses.

9.11 Debriefing

A debriefing is offered as a courtesy to Bidders, rather than a requirement, and allows the Bidder the opportunity to ask questions regarding the evaluation of its response. The request must be submitted within five (5) business days of notification of contract award via email to the procurement officer listed below. Bidder must submit a list of questions in advance of the debriefing; questions which do not fit within the scope of the debriefing will not be answered. In the request the Bidder should provide a list of the attendees, the company the attendees represent, titles, and functional roles. Debrief should be filed with the Procurement Team Manager and will last only 1 hour.

Monica 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

A vendor debriefing is a meeting and not a hearing; therefore, legal representation is not required. Should you prefer to have legal representation present, you must notify MassDOT Rail and Transit Division and identify your attorney prior to the scheduled meeting.

9.12 Acceptance

MassDOT shall grant Contractor project final acceptance in writing upon completion of the punch list created during conditional acceptance. Project final acceptance is defined as that point in time in which Contractor has met all of its contractual obligations to MassDOT’s satisfaction with no deficiencies existing. Project final acceptance does not excuse Contractor’s performance of its obligations related to the project. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or MassDOT’s rights under any warranty or guarantee or its rights under the applicable agreement.

9.13 Contract Termination

9.13.1 Termination for Convenience

MassDOT may terminate the contract, in whole or in part, at any time upon written notice to the Contractor at MassDOT’ s convenience. Any such termination shall be affected by delivery to the Contractor of a written Notice of Termination specifying the extent to which performance of the work under the Contract is terminated, and the date upon which such termination becomes effective. If the Contractor has any property in its possession belonging mailto:Monica.auguste@dot.state.ma.us 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.

9.13.2 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 affected by serving a written Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default.

9.13.3 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 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 the Contract within the specified timeframe, 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.

9.14 Contract Modifications

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

9.14.1 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. If delivery of vehicles is not made within the specified time, damage shall be sustained by MassDOT. In such event, the Contractor shall, if required by MassDOT to pay to MassDOT, as liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per vehicle/per calendar day for each calendar day of delay more than the specified date. MassDOT may deduct the sum of liquidated damages from any monies that may become due under the contract or, if such monies are insufficient, the Contractor or its surety or sureties shall pay MassDOT 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, 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.

10.0 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 10/2/2025

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

10/24/2025 @ 2 PM

Official Answers for Bid Q&A published (Estimated)

11/04/2025

Bid Amendment Deadline / Online Quote submission begins. Bid documents will not be amended after this date.

11/14/200525

Deadline for Quote/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

11/25/2025 @ 2 PM

Notification of Apparent Successful Bidder(s), if any (Estimated)

12/15/2025

Estimated Contract Start Date 1/1/2026

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 Estimated 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 Estimated Procurement Calendar updates.

10.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from MassDOT, Rail and Transit Division regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions) and prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar.

MassDOT reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that questions submitted to the MASSDOT RAIL AND TRANSIT DIVISION using any other medium (including those that are sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing since all questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The MASSDOT RAIL AND TRANSIT DIVISION reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from MassDOT, including requests for clarification. MassDOT and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider, cause email communications sent to/from the prospective Bidder/Awarded contractor and MassDOT to be lost or rejected by any means, including email or spam filtering.

10.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

10.3 Amendment Deadline

MassDOT, Rail and Transit Division reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. MassDOT, Rail and Transit Division and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

10.4 Oral Presentations/Product Demonstrations

Selected Bidders who are asked to participate in Oral Presentations / Product Demonstrations will be expected to prioritize this in their schedules. MassDOT, Rail and Transit Division will make every effort to find a mutually convenient time for the Bidders. However, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points, or other action that the MassDOT, Rail and Transit Division deems appropriate.

10.5 Site Inspection

MassDOT, Rail and Transit Division will require an inspection after bidding and will provide all the necessary information to the sites.

10.6 Requirements at Contract or engagement termination

In conformance with MassDOT’s Standard Terms and Conditions, MassDOT retains all ownership of intellectual property developed under the Contract.

To assure a smooth transition, the following will occur, as applicable, at contract or engagement termination:

• transfer of data to new Contractor

• buyout of materials or equipment in place by new Contractor

• no restrictions on new Contractor hiring old Contractor’s employees

• overlapping of Contract time frames, and

• knowledge transfer all allowing for a rolling transfer approach.

11.0 SUPPLIER DIVERSITY PROGRAM

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using the SDP Plan Form. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 25% or more of the total evaluation score for all Large Procurements (those with a total value of greater than $250,000 annually). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $250,000 annually.

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

SDP Plan Form #/Name Submitted By When Submitted Supplier Diversity Program (SDP) Plan Form

All Bidders With Bid Response

SDP Plan Form #3 – SDP Spending Report Contractors Within 45 days of the end of each quarter

Table 1: SDP Forms

During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

http://www.mass.gov/governor/legislationexecorder/execorders/executive-order-no-565.html

11.1 Supplier Diversity Program (SDP) Resources:

• Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

• Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

• The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

In addition to the subcontracting policies that apply to all subcontracted services, MassDOT may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

12.0 ENVIRONMENTAL SPECIFICATIONS / OTHER AGREEMENTS / PROMPT PAYMENT DISCOUNT

12.1 Executive Order 515, Establishing an Environmental Purchasing Policy

Products and services purchased by state agencies must comply 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 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 Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

12.2 Environmental plan

Beginning the first year of the Contract and throughout the life of the Contract, awarded Bidders must agree to work with the MassDOT Rail and Transit Division 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 the corporate and/or manufacturing level for 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.

http://www.mass.gov/sdo http://www.mass.gov/sdp http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/procurement-prog-and-serv/sdo/sdp/supplier-diversity-program-services.html http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/procurement-prog-and-serv/sdo/sdp/supplier-diversity-program-services.html https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-484-leading-by-example-clean-energy-and-efficient-buildings?_ga=2.100925761.1741219494.1633353146-758386467.1632336759 https://www.mass.gov/executive-orders/no-484-leading-by-example-clean-energy-and-efficient-buildings?_ga=2.100925761.1741219494.1633353146-758386467.1632336759

• Adopting standards and/or obtain certifications, where applicable, for product development and manufacturing processes such as, but not limited to.