Traffic Counting Tube_RFR.docx

RFQ - Required Specifications

Massachusetts Department of Transportation

Highway Division

REQUEST FOR RESPONSE (RFR)

ROAD TUBE

RFR # MDOTBOSTONFED10

COMMBUY BID # BD-15-1030-0H100-0H111-00000001293

CONTACT INFORMATION:

Tom Stein Federal Procurement Officer Massachusetts Department of Transportation 10 Park Plaza, Room 5510 Boston, MA 02116 Phone: (857) 368-9141 Tom.stein@state.ma.us

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com . All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

RFR – Traffic Counting Tubes

TABLE OF CONTENTS

1.0 GENERAL AND REQUIRED SPECIFICATIONS

Please see RFR Section 5.2 – Disadvantaged Business Enterprise (DBE) for the requirements of the Supplier Diversity Program (SDP)

0. Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP Plan is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified contractors to fulfill their own SDP expenditure benchmarks. M/WBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

This RFR will contain some or all of the following components as part of the Supplier Diversity Program Plan submitted by bidders:

· Sub-contracting with certified M/WBE firms as defined within the scope of the RFR,

· Ancillary use of certified M/WBE firms,

· Growth and Development activities to increase M/WBE capacity, A Minority Business Enterprise (MBE), Woman Business Enterprise (WBE), M/Non-Profit, or W/Non-Profit, is defined as such by the Supplier Diversity Office (SDO). All certified businesses that are included in the bidder’s SDP proposal are required to submit an up to date copy of their SDO certification letter. The purpose for this certification is to participate in the Commonwealth’s Supplier Diversity Program for public contracting. Minority- and Women-Owned firms that are not currently certified but would like to be considered as an M/WBE for the purpose of this RFR should submit their application at least two weeks prior to the RFR closing date and submit proof of documentation of application for consideration with their bid proposal. For further information on SDO certification, contact their office at 1-617-502-8851 or via the Internet at mass.gov/SDO.

0. Supplier Diversity Program: Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Supplier Diversity Program (SDP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Best Value Selection and Negotiation: The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT and a contractor, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the contractor’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the contractor’s or contractor’s original response.

Bidder Communication: Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the PMT regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through CommBuys.

0.2 CommBuys Market Center: COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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.

The Commonwealth accepts 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.

CommBuys Subscription: Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller subscription account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Contract Expansion: If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs: Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Debriefing: Non-successful bidders may request a debriefing from the department. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information: It is the responsibility of the prospective bidder and awarded contractor 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 the PMT, including requests for clarification. The PMT 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 PMT to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT): All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the PMT on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Environmental Response Submission Compliance: In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses submitted should comply with the following guidelines:

· All copies should be printed double sided.

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

· Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

· Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

· Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their responses are made with recycled materials.

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies: Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Executive Order # 509 Guidance.

HIPAA: Business Associate Contractual Obligations: Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Minimum Bid Duration: Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

Pricing: Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

Prompt Payment Discounts (PPD): All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found under the Forms and Terms tab of this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the PMT. The PMT will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the PMT on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

Public Records: All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation: Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The PMT reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal: Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because, use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies: Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Acquisition Method: This will be outright purchase contract for Goods & Services.

Single/Multiple Contractors: MassDOT will award a single contract as a result of this procurement.

Single/Multiple Department Use: This is a single, department procurement for MassDOT Highway only.

Contract Length: The bidder must submit all required information with the understanding that, should the bidder be selected, the contract will be for an outright purchase of goods. The contract will be for a period of one year.

Right of Protest (FTA Circular 4220.1F): If a Contractor has a grievance with a solicitation or award, they may protest to the Procurement Team Manager within 5 days of award. The written protest shall include the name of the protestor, solicitation/contract number or description, and a statement of the grounds for protest. Protests should be filed with the Procurement Team Manager at the following address:

Tom Stein Federal Procurement Officer Massachusetts Department of Transportation Rail & Transit Division 10 Park Plaza, Room 5510 Boston, MA 02116 Phone: (857) 368-9141 Tom.stein@state.ma.us

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

The Federal Transit Administration will only entertain a protest that alleges the Massachusetts Department of Transportation failed to follow the stated protest procedures. Such protests to FTA shall be filed in accordance with FTA Circular 4220.1F.

2.0 PURPOSE OF THE PROCUREMENT

The traffic data collection section is responsible for providing traffic data for the MassDOT highway division’s design and construction programs. Traffic data is also provided to satisfy the needs of FHWA’s Traffic monitoring guide and Highway performance monitoring system. Replacement parts and supplies are periodically needed to maintain continued operation of the program. The department is soliciting bids for the following item:

3.0 Technical Spec:

3.1 Road Tube

EPDM road tube shall conform to the line call out specifications and supplemental requirements listed below:

Line call out: ASTMD-2000 M2AA617EA14F17 Z1 Z2 Z3 Z4

Supplemental Requirements:

Z1 Inside of tubing shall be clean smooth and free from dust, wax or any foreign material.

Z2 Material shall contain 65 % minimum natural rubber Z3 Shall be ozone resistant - ASTM D 1149, MOD. 100 hrs., 100 PPHM ozone Z4 Shall be cured to eliminate tackiness and free from porosity.

Size: ID 1/4".

OD 9/16".

QTY:

(108,000 total feet supplied in lengths of 120 feet – 3 lengths per box)

Please note; bidders may be required to submit material samples for specification compliance and approval.

Delivery:

The successful Vendor shall ship, prepaid FOB, any specified material in stock as soon as they are in receipt of a “Notice to Proceed” award.

The term FOB shall mean delivered and unloaded in-house or on-site, at contractor risk, with all charges for transportation and unloading prepaid by the contractor. MassDOT will not process payment for any freight delivery or other handling charges.

All materials must be delivered no later than October 1st, 2014 to the following address:

MassDOT (Highway Operations) Traffic Data Collection Section Statewide Traffic Data Collection 936 Elm Street Concord, MA 02116 Attn: Mr. Steven O’Neill

4.0 QUESTIONS & REQUEST FOR APPROVALS (RFA)

4.1 Questions

Written questions via the Bid Q&A on COMMBUYS

The Bidders’ Forum or Online Forum is the opportunity for Bidders to ask written The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only 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 any questions submitted to the SST 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 of the questions are accessible to the public. Bidders must not include any 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 SST reserves the right to edit or delete any 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.

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.

4.2 Submitting RFAs (Request for Approval) for brand name or equal.

When submitting RFAs all inquiries should reference the RFR Title and document ID# “RFR # MDOTBOSTONFED10” in the subject line. All RFAs shall be submitted in the same manner as Question submittal, outlined in Section 4.1.

4.3 Submittal Process

All questions (including technical, contract, or administrative questions) concerning this RFR shall be entered into the CommBuys Bid Q&A section described above in section 4.1. Due date for submission of questions and RFAs is noted in the procurement calendar at the end of this RFR. MassDOT reserves the right to respond to inquiries as it deems necessary. All questions, answers and any addendums shall be posted on CommBuys and individual(s) and/or firm(s) are responsible for checking this website periodically for any updates.

5.0 BIDDER PROPOSAL & ADMINISTRATIVE REQUIREMENTS

5.1 Bidder’s Response

RFR Section or Response Component Description Enter in SmartBid during upload File Name Assign when creating files

5.1.3 File Size Limits

The system will not accept files that approach or exceed 100 MB. If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

5.1.4 Duplicate File Names Not Accepted

Once a file has been submitted, CommBuys will not accept another file with the same name. This is the case even with files that are modified or have been withdrawn. If it is necessary to resubmit a file, add an underscore and numeric suffix to the company name, for example, CompanyName_2_FootCat.

5.1.5 File Format Restrictions

Bidders must submit file formats readable by MS Word 2000 or later, or by Adobe Acrobat Reader or MS Excel. All scanned documents must be in .pdf or .gif format, and must be scanned in such a way that they can be read on a computer monitor and printed on 8 1/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the standard Forms located on the Solicitation’s Forms & Terms tab, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

5.1.6 Withdrawing a Response

5.2 Disadvantaged Business Enterprises (DBE)

THIS SECTION REPLACES THE SUPPLIER DIVERSITY PROGRAM (SDP) MENTIONED IN THE RFR REQUIRED SPECIFICATIONS -Section 1.1 The following language describes the Supplier Diversity Program (SDP) requirements for this Proposal and replaces any and all other SDP requirements contained in the Required Specifications portion of this solicitation and the Operational Services Division RFR required specifications revision of March 2010.

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

5.2.1 Contract Assurance

The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as MassDOT deems appropriate.

5.2.2 DBE Participation

For the purpose of this Contract, MassDOT will accept only DBEs that are:

5.6.2.1 Certified, at the time of bid opening, by the Massachusetts Supplier Diversity Office as DBE’s

5.2.3 DBE Participation Goal

The DBE participation goal for this Contract is set at five (5%) of the total adjusted contract ceiling price. This goal represents those elements of work under this Contract performed by qualified Disadvantaged Business Enterprises for amounts totaling 5% of the total cost to the bidder. Failure to meet the stated goal at the time of proposal submission may render the bidder non-responsive in absence of acceptable Good Faith Efforts as outlined below.

5.2.4 Proposed Submission

Each bidder, as part of its submission, shall supply the following information:

5.2.4.1 A list of those qualified DBE’s with whom the bidder intends to contract for the performance of portions of the work under the Contract, the agreed price to be paid to each DBE for work, the Contract items or parts to be performed by each DBE, a proposed timetable for the performance or delivery of the Contract item, and other information as required by the DBE Schedule of Participation (DBE - Schedule of Participation.doc attachment). No work shall be included in the Schedule that the bidder has reason to believe the listed DBE will subcontract, at any tier, to other than another DBE.

5.2.4.2 An original DBE Letter of Intent (DBE - Letter of Intent.doc attachment) from each DBE listed in the DBE Schedule of Participation. Any subsequent changes and/or substitutions of DBE firms will require review and written approval by MassDOT.

5.2.5 Good Faith Efforts

If the bidder is unable to meet the goal set forth in Section 5.4.3 (DBE Participation Goal), MassDOT will consider the bidder’s documented good faith efforts to meet the goal in determining responsiveness. The types of actions that MassDOT will consider as part of the bidder’s good faith efforts include, but are not limited to, the following:

5.2.5.1 Documented communication with MassDOT’s DBE Coordinator (questions of RFR requirements, subcontracting opportunities, appropriate certification, will be addressed in a timely fashion);

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

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

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

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

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

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

5.2.5.7 Efforts made to assist DBE’s contacted in obtaining bonding or insurance required by the bidder of MassDOT.

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

5.2.6 Administrative Reconsideration

Within five (5) business days of being informed by MassDOT that it is not responsive or responsible because it has not documented sufficient good faith efforts, the bidder may request administrative reconsideration. The bidder should make this request in writing to the Procurement Team Leader. The Procurement Team Leader will forward the bidder’s request to a reconsideration official who will not have played any role in the original determination that the bidder did not document sufficient good faith efforts.

As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with the assigned reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. MassDOT will send the bidder a written decision on its reconsideration, explaining the basis for finding that the bidder did or did not meet the goal of make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable.

5.2.7 Termination of DBE Subcontractor

The Contractor shall not terminate for convenience the DBE subcontractor(s) listed in the DBE Participation Schedule and then perform the work of the terminated DBE subcontractor with its own forces or an affiliate without MassDOT’s prior written consent. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify MassDOT in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with Section 5.7.i (Sanctions for Violations).

The Prime Contractor must give the DBE five (5) business days to respond to the Prime Contractor's notice. The DBE must advise MassDOT and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why MassDOT should not approve the Prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), MassDOT may provide a response period shorter than five (5) business days.

5.2.8 Continued Compliance

MassDOT shall monitor the Contractor’s DBE compliance during the life of the Contract. In the event this procurement exceeds ninety (90) days, it will be the responsibility of the Contractor to submit quarterly written reports to MassDOT that summarize the total DBE value for this Contract. These reports shall provide the following details:

5.2.8.1 DBE utilization established for the Contract;

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

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

Reports and other correspondence must be submitted to the Project Manager. Reports shall continue to be submitted quarterly until final payment is issued or until DBE participation is complete.

The successful bidder shall permit:

· MassDOT to have access to necessary records to examine information as MassDOT deems appropriate for the purpose of investigation and determining compliance with this provision, including, but not limited to, records of expenditures, invoices, and contracts between the successful bidder and other DBE parties entered into during the life of the Contract.

· The authorized representative(s) of MassDOT, the U.S. Department of Transportation, and the Comptroller General of the United States, to inspect, audit, and record all data of the Contractor relating to its performance under the Disadvantaged Business Enterprise participation provisions of this Contract.

5.2.9 Sanctions for Violations

If at any time MassDOT has reason to believe that the Contractor is in violation of its obligation under Section 5.7 (Disadvantaged Business Enterprise) or has otherwise failed to comply with the terms of this Section, MassDOT may, in addition to pursuing any other available legal remedy, commence proceedings, which may include but are not limited to, the following:

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

5.2.9.2 Termination or cancellation of the Contract, in whole or in part, unless the successful Contractor is able to demonstrate within a reasonable time that it is in compliance with the DBE terms stated herein.

6.0 PROPOSAL EVALUATION

6.1 Evaluation

All proposals will be reviewed for responsiveness and then evaluated by the selection committee using the criteria set out herein. Vendor responses should include all available detail in order to enable MassDOT to adequately assess the response to meet the stated requirements. Failure to include a response to any requirement will be deemed non-responsive and will result in disqualification.

6.2 Selection Process

6.3 Contract award procedures

The individual and/or firm selected will be recommended by the Procurement Management Team (PMT). The PMT will award to the lowest bid, so long as the individual and/or firm provides all of the required documents.

7.0 INSTRUCTIONS FOR SUBMISSION OF PROPOSALS ONLINE

7.1 Submissions

7.1.1 How to Submit a Bid Response

All Bidders may begin creating and compiling response materials as soon as the Solicitation containing files on the Forms & Terms tab and the Specifications tab is in an OPEN Document Status. When submitting response materials prior to the Solicitation Close Date, the ability to upload documents is only available to active SmartBid account holders after the Solicitation Amendment Deadline has passed. Once the Solicitation Close Date and Time has passed, interested Bidders will be unable to submit a Response online.

7.1.2 Bid Response Method

Online Bid Submission via CommBuys is required to eliminate direct and indirect costs associated with the production, delivery/receipt, storage and management of traditional paper bids incurred by Bidders, MassDOT, and the Commonwealth of Massachusetts. Bids submitted via CommBuys also promote environmental conservation and preservation by eliminating printed materials as well as fossil-fuel consumption associated with delivery. All Bidders must submit Responses online using tools available to CommBuys Subscribers only.

CommBuys requires an annual subscription. To subscribe, go to: www.commbuys.com. All Bidders who are awarded a contract resulting from this RFR, if any, will be required to maintain an active subscription account during the duration of the Contract, by renewing their subscription annually.

7.1.3 CommBuys Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd and select the CommBuys Resource Center link offered within the Conduct a Procurement menu.

Email: Send inquiries to the CommBuys Helpdesk at COMMBUYS@state.ma.us.

Telephone: Call the CommBuys Helpline at 1-888-MA-STATE (1-888-627-8283). The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Bidders are advised that CommBuys will be unavailable during regularly scheduled maintenance hours as displayed under the “CommBuys System Availability” link offered at the bottom of any CommBuys page.

7.1.4 Bid Response Deadline

All Bids must be received by MassDOT before the specified date, month, year and time displayed on the Solicitation’s Summary page within the Close Date field. Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. MassDOT is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via CommBuys are time stamped by the CommBuys system clock which is considered the official time of record.

7.1.5 Bid Package

Bidders submitting via CommBuys must name their Response by entering <BidderName_ MDOTBOSTONFED10 > in the Response Nick Name field in Step 3 of the submission wizard.

7.2 Attachments

The following list of attachments includes documents that must be submitted with your proposal. The additional attachments are not required to be submitted with your RFR response, however, you are required to adhere to all clauses and terms and conditions. Additional attachments will be incorporated during contract execution, should your bid be selected.

8.2.1 Attachments Required with Qualifications Statement Submission:

· RFR Submission Checklist

· Federal Clauses

· Federal Certifications

· Contractor Authorized Signature Verification Form

· Consultant Contractor Mandatory Submission Form

· W-9 Form

· Authorization for Electronic Funds Payment (EFT)

· Prompt Pay Discount Form

· Business Reference Form

· DBE Letter of Intent

· DBE Schedule of Participation

8.2.2 Additional Attachments: To be completed upon Award of Contract:

· MassDOT Standard Contract Form

· MassDOT Terms and Conditions

Bidders who signed these forms electronically via CommBuys online submission tools must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

7.3 Deadline

The deadline for submitting responses is September 18, 2014 by 3:00 p.m. via CommBuys.

7.4 PROCUREMENT CALENDAR

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