RFR Uncrewed Aircraft Systems Integration, & Program Support_04182024.docx

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT) AERONAUTICS DIVISION

10 PARK PLAZA

BOSTON, MA 02116 REQUEST FOR RESPONSE (RFR)

DOCUMENT TITLE:

Uncrewed Aircraft Systems (UAS), Integration & Program Support for Beyond Visual Line of Sight (BVLOS) Operations

COMMBUYS Bid #: BD-24-1030-CPO1-CPO1-101747 Release Date: 04/18/2024

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

TABLE OF CONTENTS

RFR INTRODUCTION AND GENERAL DESCRIPTION

Procurement Scope and Description The Massachusetts Department of Transportation (“MassDOT”) is issuing this “best value” Request for Response (“RFR”) for Uncrewed Aircraft Systems (UAS), Integration, & Program Support, to solicit responses from firms qualified and able to provide the goods and services as set forth in Section 3 Specifications, as directed by MassDOT’s Aeronautics Administrator. MassDOT seeks to obtain flight hardware, integration services, and program support for the MassDOT Commonwealth UAS Integration Program within the Advanced Aviation Technologies Group to enable Beyond Visual Line of Sight (“BVLOS”) flights for operations including long linear infrastructure inspections of rail.

Brief History of the Massachusetts Department of Transportation The Massachusetts Department of Transportation (“MassDOT”) is a body politic and corporate and public instrumentality of the Commonwealth pursuant to M.G.L. c. 6C, and established pursuant to Chapter 25 of the Acts of 2009, as amended. Among other things, MassDOT has all powers necessary or convenient to carry out and effectuate its purposes including, without limitation, the power to direct, operate, administer and implement the programs of roadway, general aviation, rail and transit, and vehicular registration and regulation and, in cooperation with the office of planning and programming, design, construction, repair, maintenance, capital improvements, development, and planning of the transportation facilities throughout MassDOT, as appropriate.

The MassDOT Advanced Aviation Technologies Group is within the MassDOT Aeronautics Division. The MassDOT Advanced Aviation Technologies Group is leading the Commonwealth UAS Integration Program (“CUIP”), a multi-year, multi-faceted program intended to position the Commonwealth as the foremost ecosystem for unmanned and autonomous aircraft systems in the nation. The CUIP effort has four major emerging technology categories of focus: Enabling UAS, including BVLOS operations; Counter-UAS Technology (“CUAS”); Advanced Air Mobility (“AAM”); and UAS Test Ranges.

MassDOT has an emerging UAS BVLOS program with existing regulatory approval to fly BVLOS, and is seeking a more robust UAS to expand its operational capabilities and to enable longer-range BVLOS UAS flight for use cases including routine rail inspection and post-storm or incident response needs over rail. In furtherance of its mission to support safety and security of aviation within the Commonwealth, the MassDOT Aeronautics Division seeks to purchase Uncrewed Aircraft Systems (UAS), and related services as further described in this procurement.

Applicable Procurement Law This Bid is issued under M.G.L c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00.

Number of awards The target maximum number of awards is one (1). This is a target number; MassDOT may award more or fewer contracts if it is in the best interests of MassDOT to do so.

Adding Contractors after initial Contract award If, over the life of the Contract, MassDOT determines that additional Contractors 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 requirements of MassDOT, the Bid may be reopened to obtain additional vendors. If additional vendors are added, the contract end date shall remain the same for all vendors.

Eligible Entities Limited User Contract – Restricted to Use by Issuing Entity Only. Any contract resulting from this Bid will be open for use by the Issuing Entity Only.

Acquisition Method(s) The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchase.

Contract Duration The expected duration of any contract resulting from this RFR is as follows:

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.

Non-Compliance of Contractor MassDOT 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 because of its action. An Awarded Contractor may be prohibited from further performance under any awarded contract for the reasons stated above.

Use of Subcontractors Bidders may propose subcontractors, all of whom must be disclosed in full and approved by MassDOT. 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.

Public Opening There is NO public opening of this RFR. MassDOT Procurement Officer (or designee) will receive the RFR Quote on behalf of MassDOT. COMMBUYS serves as the system of record for receipt of all the RFR’s responses.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $200,000 for the initial duration. MassDOT makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

Rejection of Quote / Minimum Bid Response Duration MassDOT 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 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. Each Quote 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.

ESTIMATED PROCUREMENT CALENDAR

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.

Late bids will not be considered.

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 the MassDOT 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. The issuing department 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 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. MassDOT 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.

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 (ISP), cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means, including email or spam filtering.

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.

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

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 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 deems appropriate.

SPECIFICATIONS

Project Considerations MassDOT is seeking responses from firms qualified to provide goods and services related to UAS that are not currently available on any Statewide contract, as more specifically described herein. Bidders are expected to provide bids and services to meet the requirements specified in Section 3.3 and have the capabilities to satisfy the operational scenario described in Section 3.1.2, provided for reference.

MassDOT will not be responsible to pay for any costs incurred in preparing a response or procure or contract for any services or supplies. MassDOT reserves the right, in its sole discretion, to accept or reject any or all submittals received, negotiate with any or all qualified Bidders, and request modifications to proposals in accordance with such negotiations; request supplemental or clarifying information from Bidders; or cancel, amend or modify the RFR in part or in its entirety.

By structuring this process in the form of an RFR, Bidders will be competing against each other for selection by MassDOT to provide it with the Goods and Services as set forth in Section 3.3, Performance Specifications. MassDOT shall compare the submissions of all Bidders pursuant to the evaluation criteria set forth in this RFR.

This RFR does not commit MassDOT to select any Bidder, purchase any goods or services, or award any work order. MassDOT, in its sole discretion, has the right to make none, some, or unlimited requests for the Goods and Services and does not guarantee in any way the amount of Goods or Services that will be requested of the Bidder.

MassDOT BVLOS Program Objectives The MassDOT Advanced Aviation and Technologies Group has a robust operational flight team (“Team”) that is skilled at operating quadcopter and fixed-wing UAS within visual line of sight (VLOS) of the remote pilot in command (RPIC). The Team has obtained BVLOS waivers from the Federal Aviation Administration (“FAA”) using UAS in its existing fleet, and seeks to procure a new UAS, including two (2) aircraft, to fly longer-range missions. The Team seeks a UAS with BVLOS capability to meet immediate transportation needs in rail inspection, as well as for use in incident responses (especially post-storm inspection of rail).

Operational Scenario (Example Concept of Operations) MassDOT has provided this operational scenario for Bidder reference. This scenario is meant to qualitatively capture the operational needs that map to requirements of the aircraft, ground control station, command and control, payload, and associated services a Bidder may provide (ex. maintenance, training).

MassDOT has received FAA approval to operate BVLOS UAS over any rail line in the Commonwealth (Figure 1) using a combination of obstacle shielding and visual observers. The operating team will employ a risk assessment process during pre-flight planning to identify altitudes for shielded operations or placements for visual observers. Initial operations will occur along sections of the Massachusetts Bay Transportation Authority (“MBTA”) Commuter Rail lines for the purposes of vegetation inspection. These sections of rail can include controlled airspace (for which additional airspace approvals will be obtained), the Mode C Veil about KBOS, and Class G Airspace (including uncontrolled airports). The aircraft will be flown by members of the MassDOT Advanced Aviation Technologies Group flight team with BVLOS experience. While initial flights will use obstacle shielding and visual observers (“VOs”), it is anticipated that a follow-on detect and avoid (“DAA”) capability will eliminate the need for VOs. The UAS will utilize a command and control (“C2”) link capable of maintaining connection to the uncrewed aircraft (“UA”) throughout the entire length of rail. These C2 links will be over protected, licensed spectrum, with ISM bands (e.g., at 2.4 GHz or 5.8 GHz) used for initial VLOS flight only (i.e., primarily during takeoff and landings).

The UA will be launched at a designated site along the rail utilizing a localized ground control station, and will take off and land vertically within the constrained rail area. Flights will typically take place at altitudes between 150 and 250 feet above ground level (“AGL”). The UA will have the required endurance to fly at least 10 miles of Transit without additional launch and recovery. The UA may traverse moving vehicles and have limited operations over people at rail crossings, or an alternative mitigation strategy may be put in place to fly over rail crossings. The UA will have sufficient flight authority to operate in a constrained airspace above the rail, including hovering or orbiting to ensure safety of rail, vehicular, or pedestrian traffic below.

The UA will carry a sensor payload that may include electro-optical (EO), infrared (IR), or multi-spectral imagers or LIDAR sensors; sensors may be swapped between missions. Typical missions will collect EO imagery data with a ground sampling distance (GSD) of 1 cm at an altitude of 200 ft above ground level (AGL). The imagery collected will be of sufficient quality to produce orthomosaics of the rail, using software such as Pix4D or DroneDeploy, for ingest and dissemination to end users using GIS tools.

The Bidder will provide the flight team with the necessary training to conduct scalable, repeatable flights similar to this scenario, and the maintenance and integration services will be provided by the contractor via a service agreement. Documentation for future FAA BVLOS waiver requests, including a concept of operations and safety risk assessment, will be prepared in partnership with the Team and the contractor.

Figure 1: Example of Operating Areas of Interest: Massachusetts Bay Transportation Authority (MBTA) Commuter Rail Lines Information Requested MassDOT has provided a list of key characteristics or information (mandatory characteristics indicated by a “SHALL” statement) as well as additional characteristics or information (preferred characteristics indicated by a “SHOULD” statement) that the Bidder must address relative to the operational scenarios indicated above. The Bidder should include any additional information not explicitly requested that may address requirements associated with specific operational scenarios (additional information) that “MAY” address specific mandatory or preferred characteristics MassDOT has identified.

Performance Specifications/Standards Bidders shall include:

MassDOT reserves the right to purchase materials and services like those included in this RFR which may complement or supplement the materials and services listed in these RFR sections from any vendor on any other MassDOT contract, statewide contract and/or affiliated state contract without re-bidding this procurement. All materials, services, and their equivalents SHALL conform to the specifications set forth herein.

Mandatory Characteristics & Information The following specifications sets forth the key characteristics (mandatory characteristics) of the uncrewed aircraft system (UAS), including the uncrewed aircraft (UA), ground control system (GCS) and all command and control (C2) link system(s):

The UAS at full takeoff configuration (i.e., with payload and any batteries) SHALL comply with 14 CFR Part 107 weight limitations.

The Bidder SHALL provide a Federal Communication Commission (FCC)-approved integrated command and control (C2) link system(s) to send real-time telemetry and pilot commands between the UA and GCS, and SHALL provide FCC identification (FCC ID) of chosen C2 link system(s).

The Bidder SHALL provide the following information regarding the C2 link system(s):

Manufacturer, type, and brand;

Link architecture including wireless provider, frequency(ies), and priority information The C2 link system(s) SHALL support two or more means of connectivity between the GCS and UA.

The UAS SHALL meet Standard Remote ID requirements, as defined by the FAA.

The UA flight duration and the C2 link system(s) SHALL support a flight of at least 10 nautical miles (NM).

The UA SHALL include a vertical take-off and landing (VTOL) capability.

The UA SHALL be able to operate up to at least 400 feet altitude above ground level (AGL).

The UA SHALL have anti-collision lighting viewable at a distance of at least 1 nautical mile (NM).

The Bidder SHALL provide an electro-optical (EO) payload.

The UA payload capability SHALL allow for integration of multiple sensor types.

The Bidder SHALL enter into a Memorandum of Agreement (MOA) in substantially the same form as set out in Appendix 3 regarding collaboration for BVLOS UAS Operations in the following areas: Certification & Regulatory Compliance; Use case integration; In-the-field system testing and flight data collection to support FAA waiver application materials; Detect and Avoid system integration.

Preferred Characteristics & Specifications

3.3.2.1. Preferred Program Characteristics

The following information related to the Bidder’s ability to provide program support and integration services should be provided:

Certification and Regulatory Compliance The aircraft SHOULD have, or be in the process to obtain, an FAA type and airworthiness certificate. The Bidder SHOULD provide:

Type certification (TC) status, project timeline, and any other relevant information related to the TC process Summary of real flight test data and results related to certification or FAA means of compliance for operations over people.

Summary of results (data) and analysis of real-world flight tests done to validate claimed performance and reliability.

Experience and Qualifications The Bidder SHOULD have at least 1 year of previous experience related to BVLOS operations; more experience is preferred. The Bidder SHOULD provide:

Summary of previous experience related to BVLOS operations independently and/or while participating with BVLOS stakeholders as a team member Summary of historical flight data including any history flying under BVLOS waivers or other advanced operations Summary of previous waivers, exemptions, or component certifications obtained Summary of certification of hardware (e.g., transponder), if applicable Summary of experience integrating subcomponent such as payload sensors or Detect and Avoid (DAA) capabilities Maintenance The Bidder SHOULD have established maintenance documentation:

Original equipment manufacturer (OEM) maintenance program, documents, and/or continued airworthiness documentation.

Description of technical support services that would be provided to MassDOT in the event of a technical issue with the UAS (e.g., loaner aircraft, replacement parts, and in-person or remote aircraft service).

Training The Bidder SHOULD have a documented training program(s) to support BVLOS flight:

Summary of documented training program documents specific to the UAS.

List of manuals and summary of procedures necessary for BVLOS operations.

Description of on-site training plan including number of MassDOT personnel who will be trained and number of training sessions/days.

3.3.2.2. Preferred System Specifications

The Bidder should provide a description as to whether and how their system meets the following preferred system-level characteristics:

0. The C2 link system(s) SHOULD NOT utilize ISM Band or other unlicensed frequencies for BVLOS operations (Note: ISM Band or other unlicensed frequencies may be used for VLOS portions of a flight, for example during takeoff and landing).

The C2 link system(s) ground-to-air and air-to-ground signals SHOULD be encrypted and authenticated.

The UAS SHOULD be able to operate for at least 40 NM at cruise speed.

The UAS SHOULD be able to operate at 400 to 3,000 feet altitude above ground level (AGL).

The UAS SHOULD be able to be carried in its transporting equipment and to be set-up and broken down in the field by two people.

The Bidder SHOULD provide size/weight/dimensions including the airframe dimensions and physical aspects The Bidder SHOULD provide size/dimensions of the transporting equipment (e.g., case) and weight of the entire system when packed for transportation The Bidder SHOULD provide estimate time to set-up and to breakdown the system in the field and how many people are required to perform the set-up and breakdown.

The aircraft payload capability SHOULD support integration of infrared (IR) sensors or multi-spectral sensors such as Micasense Altum Multispectral, Slantrange 4P, or similar sensors, and LIDAR sensors such as the Phoenix miniRanger-LITE, or similar sensors.

The UAS SHOULD have a demonstrated geospatial accuracy correction system, such as Real Time Kinematics (RTK).

The UAS SHOULD be capable of integrating a detect and avoid (DAA) capability to deconflict with crewed aircraft.

The Bidder SHOULD specify an architecture approach for DAA integration.

The Bidder SHOULD specify the standards (e.g., ASTM or RTCA), if any, being followed for the DAA approach.

3.3.2.3. Preferred Component Specifications

The Bidder should provide a description as to whether and how their system meets the following preferred component characteristics:

0. The aircraft SHOULD include assisted human-in-the-loop or fully autonomous takeoff and landing configurations.

The aircraft SHOULD contain anti-collision lighting visible from three (3) statute miles or more with a flash rate sufficient to avoid collision.

The EO payload SHOULD be capable of 1 cm at 200’ spatial resolution ground sampling distance (GSD).

The EO payload SHOULD be capable of greater than 60 degree field of view (FOV).

The aircraft payload SHOULD have the ability to support real-time streaming of payload data such as high-resolution imagery or video.

The ground control station (GCS) display SHOULD be capable of displaying the following information in real time: a. Position - b. Altitude - c. Airspeed - d. Vertical speed - e. Ground speed - f. Global Positioning System (GPS) or Guidance, Navigation, and Control (GNC) location - g. GPS or GNC strength and reliability - h. Payload health - i. Operational air traffic (Cooperative / Non-Cooperative w/ Sensor) - j. Wind speed and direction The GCS SHOULD be provided with appropriate autopilot/mission planning software.

The GCS SHOULD provide near real-time (NRT) or real-time telemetry to the remote pilot in command (RPIC).

The UAS SHOULD have a demonstrated lost link capability with documented procedures.

The UAS SHOULD include geofencing and have a return-to-home/return-to-land capability along the preplanned flight, along with documented procedures.

The UAS SHOULD be able to store and export flight telemetry and payload data for analysis Additional Information MassDOT requests that the following information is provided (as an attachment, figures/diagrams, or technical descriptions) as additional system information to evaluate SHALL/SHOULD requirements.

UAS Specifications Manufacturer including the company and relevant information related to the UAS sub-components/system Powerplant including approved type of fuels and/or batteries Generators or electrical equipment to power payload and other technology, electrical load, and electrical diagram Aircraft landing and takeoff configurations including known performance numbers.

Aircraft landing and takeoff hardware including appropriate diagrams and information for each component necessary to launch and recover the aircraft Table of maximum, minimum, and normal operating ranges for various speeds given the aircraft configuration including cruise/stall speed Any information related to operations over human beings and operation at night compliance (14 CFR Part 107.39 Subpart D and 14 CFR Part 107.29) Component and system maintenance intervals and compliance with continued airworthiness of aircraft Ground Control Station Specifications GCS interface including pictures indicating compliance with mandatory characteristics.

All available autopilots and mission planning software (e.g., Site Scan or DroneDeploy) compatible with GCS including associated performance or limitations.

Information related to airspace and operational situational awareness for cooperative and non-cooperative aircraft, including description on how the RPIC is alerted to possible conflicts with crewed aircraft.

Detect and Avoid (DAA) Specifications:

Describe any existing DAA sensors or solutions or ability to detect and deconflict with crewed aircraft in the vicinity Describe any BVLOS waivers obtained using existing DAA solutions Payload Specifications Provide a list of OEM or other sensors that the UAS can readily integrate with, including (if applicable) the sensors’ ground sampling distance (GSD) at 200 feet and field of view (FOV).

Payload capabilities including power requirements, weight, CG, and other factors associated by various payloads (e.g., electro-optical IR, multi-spectral). Examples/diagrams should be provided Network capability including data or demonstration of ability to send real-time payload data through the network Any known coverage, signal, or range limitations associated with the payload link Any known mechanical or operating limitations associated with the payload link Other payload specifications or limitations specific to the sensor type Package delivery payload capabilities Mission Planning Specifications UAS navigation modes and methods, specifically relating to telemetry assurance, reliability, and integrity Any security or encryption features used by the autopilot Flight Manuals Flight Operations Manual and/or Operating Handbook Standard Operating Procedures Emergency Procedures Landing/take off area Requirements Performance Charts Data to Support Limitations Security & Encryption Any information related to Payload, GCS, Autopilot, or UAS link security and encryption capabilities Limitations Information regarding known limitations for the following:

Wind (Launch / Recovery) (Kts.)

Precipitation (In./Hr) Crosswind (Kts.)

Flight Into Known Icing (FIKI) Temperature (C) Min/Max Altitude (MSL) Min/Max Cruise Speed (Kts.)

Line of Sight (LOS) Range (Miles) Beyond Visual Line of Site (BVLOS) Range (Miles) Maximum Endurance (Minutes) Maximum Range (Miles) Maximum Gross Take-Off Weight (MGTW) (Lbs.)

Minimum Payload Weight (Lbs.)

Maximum Payload Weight (Lbs.)

Center of Gravity (CG) / Load Limitations Other Limitations Ground and Air Risk Mitigation/ Fail Safe Specifications Parachute compliance information including testing, if equipped Frangibility compliance information including testing Compliance information including testing or any other equipment used to mitigate ground and/or air risk Command and Control (C2) Specifications Continuity including the expected duration for connections to hold Signal level coverage including any known coverage, signal, or range limitations Note: Expected RF coverage is from the ground level for take-off and landing and up to 400 feet AGL within the intended area of operation Latency including the end points for latency broken down by architectural segments Data or demonstrated capability of seamless C2 link handovers or transition of control without experiencing a lost link event Network capability including data or demonstration of real-time telemetry sent through the network The number of simultaneous operations the C2 capability can support Any known mechanical or operating limitations associated with the C2 hardware Reference to any standards the C2 capability complies with or was tested to Small Business Purchasing Program Program Background The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP registered business in COMMBUYS:

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage or contact the SBPP Help Desk at sbpp@mass.gov.

Environmental Specification Executive Order 515, Establishing an Environmental Purchasing Policy In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

Best and Final Offers MassDOT reserves the right to request a Best and Final Offer (BAFO). MassDOT reserves the right to negotiate modifications, adjustments, final prices and other performance terms and conditions identified in Request for Responses of the Bidders Response at any time during the period of the RFR and the contract to achieve the best value for MassDOT.

Contract Renewal Pricing The contract prices for any renewal periods or term may be negotiated and shall be mutually agreed upon by MassDOT and the Contractor. MassDOT will entertain proposals for line item by line item price increases consistent with and relating to price changes originating with the manufacturer and/or transportation rates. Proposals for such price changes must be fully and properly documented and if approved shall be firm for the contract extension period. Any increases may not exceed the published PPI index at the time of the request. MassDOT reserves the right to negotiate price adjustments with the Contractor during the contract term for reasons associated with circumstances beyond the control of the Contractor. Proposals must be received 45 calendar days prior to the contract anniversary or extension date. The Contractor must submit a formal request for an increase to the MassDOT contract manager.

Proposals for price adjustments must include, but are not limited to:

The requested price change will contain the requested effective date. In the event that MassDOT rejects the price change, the Contractor may continue to perform under the extension option. MassDOT reserves the right to negotiate pricing and product specifications at any time during the contract period for the best interests of MassDOT. MassDOT reserves the right to request additional information. MassDOT reserves the right to reject any requested price increases which they deem excessive. MassDOT also reserves the right to negotiate decreases in pricing.

Payment All payments under this Agreement shall be made in accordance with the Commonwealth's bill paying policy as defined in the Terms and Conditions

BIDDER’S FINANCIAL CAPABILITIES

The Bidder must provide the most current audited annual financial statements. Last bankruptcy and current/pending litigation. As well as the information listed below about its organization, including, but not limited to, information regarding any primary subcontractors (if applicable for the project) that will be part of the Bidder’s proposed team for the duration of the contract. MassDOT requests that the Bidder limit the use of marketing materials when responding to these requirements. The information each Bidder must provide is as follows:

0. Provide a statement that the Bidder has not been in bankruptcy in the last three (3) calendar years and has no present intent to file for bankruptcy.

Explain how its financial capability and its resources will not be adversely affected by any other existing or potential contracts it holds or by any other major business commitment(s) including senior liens and other financial pledges.

Identify any subsidiary or affiliated companies in which the Bidder has a financial interest.

Submit a statement which identifies any parent, affiliate, or subsidiary organization to the Bidder and describes the contract work under this RFR that the parent or subsidiary plans to perform.

Provide information on all direct and indirect business activities or contractual obligations that may pose a potential conflict or otherwise affect or influence the Bidder’s abilities to fulfill the contract in full accordance with the requirements of this RFR.

Provide a list of commitments, and potential commitments, which may affect assets, lines of credit, guarantor letters, or otherwise affect the Bidder’s ability to perform the Contract.

Include a statement as to any judgements, litigations, licensing violations, or other violations, outstanding or resolved, associated with your company.

Submit a copy of its audited financial statements for the past two (2) years as part of its proposal. If an Bidder does not produce audited financial statements, it shall submit any financial statements that it does have (e.g. lines of credit, statements compiled by an outside accounting firm, etc.) and any other information Bidder feels is pertinent in establishing the financial stability of its business / organization. Bidder shall include a statement as to any judgments, litigations, licensing violations or other violations outstanding or resolved, associated with the Bidder.

MassDOT Rights – MassDOT reserves the right to review other publicly available information concerning the Bidder’s financial stability, as part of the evaluation

OTHER TERMS

Bidder's Liability The Bidder hereby agrees in its bid to indemnify MassDOT for the payment of any other claims or demands of whatever nature, which may arise, during the performance of work under any order issued pursuant to a contract awarded under this Request for Response. The Bidder hereby agrees to release MassDOT from all liability in connection with the payment of damages, claims, freight charges, demurrage, cost of material and other claims or demands of whatever nature which may arise, during the Contractor's performance of work under any order issued pursuant to a contract awarded under this Request for Response.The Bidder agrees that title, ownership and the incidents thereto of all products to be purchased under any contract resulting from this Request for Response shall not vest in MassDOT until such material are delivered to and accepted by MassDOT.

Insurance Requirements Types of Insurance The following insurance requirements represent the minimum required insurance coverages and limits. It is understood that these limits do not limit the liability of Service Provider.

1. Property Service Provider should secure property insurance on an all risk basis, subject to full replacement cost for all property used in conjunction with Service Provider’s operations with MassDOT. Such insurance should contain a waiver of subrogation stating Service Provider waives all rights of subrogation against MassDOT for loss to property for which Service Provider is responsible.

2. General Liability Service Provider shall maintain the following minimum limits of general liability insurance:

Coverage should be provided on a first dollar basis without a deductible. Liability policies subject to a deductible will need to be approved by MassDOT.

3. Railroad Protective Service Provider shall maintain the following minimum limits of railroad protective liability insurance:

Coverage should be provided on a first dollar basis without a deductible. Liability policies subject to a deductible will need to be approved by MassDOT.

4. Automobile Liability Service Provider shall maintain the following minimum limits of automobile liability insurance:

$1,000,000 per accident, bodily injury and property damage combined Coverage must include non-owned and hired liability.

5. Workers Compensation Service Provider shall maintain the following workers compensation limits:

Coverage A Workers Compensation: Statutory as Required by Massachusetts Law Coverage B Employers Liability *:

*Employers liability limits must be higher if required to meet umbrella underlying requirements.

6. Umbrella Service Provider shall maintain the following umbrella limits:

Self-Insured Retention: Not to exceed $10,000.

Coverage should be equivalent or broader than the coverage afforded on the underlying general liability, automobile liability and employers liability grant within the workers compensation policy.

Insurance Carriers Insurance Carriers must be authorized to write business in the Commonwealth of Massachusetts and have a minimum AM Best Rating of A- VII.

Other requirements Certificates of Insurance evidencing the above required coverages must be provided to MassDOT at the execution of contract (or prior to commencing operations).

Certificates of Insurance must be provided naming Massachusetts Department of Transportation (MassDOT), State Transportation Building, 10 Park Plaza, Suite 4160 Boston, MA 02116 as certificate holder.

Certificates should also specifically state the above entity is named as additional insured on the general liability, automobile liability and umbrella liability policies. The certificate must also state that the coverage is being afforded to the additional insured on a primary and non-contributory basis.

The actual endorsements providing additional insured status to MassDOT on the General Liability and the Umbrella Liability must be attached to the certificate.

All policies required must include or be endorsed as appropriate to provide a waiver of subrogation, waiving all of Vendors rights against the MassDOT. Certificate must note the same. The actual endorsement for the Workers Compensation policy providing a waiver of subrogation in favor of MassDOT must be attached to the certificate. Certificates must specify the current AM Best Rating of each insurance carrier providing insurance to MassDOT.

The certificate should indicate that 30-days notice of cancellation or nonrenewal to each certificate holder will be provided and specifically endorsed to all required insurance policies. The actual endorsements must be attached to the policy. All insurance required must be maintained throughout the duration of the service. In addition, professional coverage must be maintained for 3 years thereafter.

Award and rejection of bids MassDOT reserves the right to…