Transit GCS RFP FY26~1.pdf

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT) Rail and Transit Division

10 PARK PLAZA

Suite 3720

BOSTON, MA 02116

REQUEST FOR PROPOSAL(RFP)

DOCUMENT TITLE: MassDOT Transit General Consulting Services COMMBUYS Bid: Bid BD-26-1030-0T100-0T100-120150

Document # MDOTBOSTONFEDFY26GCS Release Date: 8/29/2025

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.

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

Page i

1. RFP INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement and Description

1.2 Background Information

1.3 Applicable Procurement Law

1.4 Number of awards ................................................................ Error! Bookmark not defined.

1.5 Adding Consultants after initial Contract award ................ Error! Bookmark not defined.

1.6 Eligible Entities ..................................................................... Error! Bookmark not defined.

1.7 Acquisition Method(s) .......................................................... Error! Bookmark not defined.

1.8 Contract Duration ................................................................. Error! Bookmark not defined.

1.9 Estimated Value of the Contract .......................................... Error! Bookmark not defined.

2. ESTIMATED PROCUREMENT CALENDAR

2.1 Amendment Deadline

2.2 Questions and Answers Regarding the RFP

3. PERFORMANCE SPECIFICATIONS ........................ERROR! BOOKMARK NOT DEFINED.

3.1 Scope of Services ................................................................. Error! Bookmark not defined.

3.1.1 General Planning Services .............................................. Error! Bookmark not defined.

3.1.2 Transit Vehicle Specifications and Transit Procurement .. Error! Bookmark not defined.

3.1.3 Technical Assistance ....................................................... Error! Bookmark not defined.

3.1.4 Data Collection ................................................................ Error! Bookmark not defined.

3.1.5 Project Management Assistance ...................................... Error! Bookmark not defined.

3.1.6 Procurement Assistance .................................................. Error! Bookmark not defined.

3.1.7 Federal Compliance Assistance....................................... Error! Bookmark not defined.

3.1.8 New Technology Projects ................................................ Error! Bookmark not defined.

3.2 Pricing

3.3 Best and Final Offers

3.4 Contract Renewal Pricing

3.5 Contract Management (Service Provider’s interface with MassDOT’s Contract Manager)

3.6 Indemnification

3.7 Performance Criteria

3.8 Non-Compliance of Consultant ........................................... Error! Bookmark not defined.

3.9 Preparation and execution of bids

3.10 Subcontracts....................................................................... Error! Bookmark not defined.

3.11 Cancellation of Contract .................................................... Error! Bookmark not defined.

3.12 Right of Protest (FTA Circular 4220.1F)

4. AUDIT

Page ii

5. EVALUATION CRITERIA AND SELECTION PROCESS

6. AWARD AND REJECTION OF BIDS

8. INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF BID RESPONSE FORM

8.1 Affirmative Action/Equal Employment Opportunity (AA/EEO) ........ Error! Bookmark not defined.

8.1.1 Affirmative Action/EEO Plans .......................................... Error! Bookmark not defined.

8.1.2 Affirmative Action/EEO Policy .......................................... Error! Bookmark not defined.

8.1.3 Affirmative Action/EEO Analysis ...................................... Error! Bookmark not defined.

9. INSTRUCTIONS FOR EXECUTION AND SUBMISSION ........... ERROR! BOOKMARK NOT

DEFINED.

9.1 Administrative requirements

9.2 Insurance Requirement

9.3 Proposed Submission

9.4 Schedule of participation

9.5 DBE Participation Goal

9.6 Good Faith Efforts

9.7 Termination of DBE Subcontractor

9.8 Administrative Reconsideration

9.9 Continued Compliance

9.10 Sanctions for Violations

9.11 Debarment and Suspension

9.11.1 Federal Clauses and Certifications (See Appendix 3) ... Error! Bookmark not defined.

9.12 To Be Submitted with Bid

9.12.1 RFP Submission Checklist / First Page of Consultant Response Form

9.12.2 DBE Letter of intent

9.12.1 Affidavit of Non-Collusion

9.12.2 Prompt Payment Discount Form

9.13 Executive Order 515, Establishing an Environmental Purchasing Policy/EEP Plan 59

9.14 Consultant Submission

9.14.1 Experience and Qualifications

9.14.2 Business References

9.14.1 Cost Proposal

9.14.1 Insurance requirement

9.14.2 Affirmative Action/EEO Plan (50 or more employees) (if applicable)

9.14.3 Affirmative Action/EEO MassDOT Approved Certification (in lieu of AA/EEO Plan/Policy, if available)

9.14.4 Affirmative Action/EEO Policy (Less than 50 employees) (if applicable)

9.14.5 Affirmative Action/EEO Analysis (Between 10 and 40 employees) (if applicable)

Page iii

9.15 Forms to be submitted only Upon Award

9.15.1 MassDOT Standard Contract Form

9.15.1 Service Provider Authorized Signatory Listing

9.15.2 MassDOT Terms and Conditions

9.15.1 Request for Taxpayer Identification Number and Certification (W9 Form)

9.15.1 Electronic Funds Transfer Form

10. FTA CLAUSES AND CERTIFICATIONS ................ERROR! BOOKMARK NOT DEFINED.

11. APPENDIX 1- REQUIRED TERMS .........................ERROR! BOOKMARK NOT DEFINED.

10.1 Alterations

10.2 Ownership of Submitted Quotes

10.3 Prohibitions

10.4 Terms and Requirements Pertaining to Awarded Contracts ......... Error! Bookmark not defined.

10.4.1 Commonwealth Tax Exemption

10.4.2 Service Provider’s Contact Information

10.4.3 Publicity

12. APPENDIX 2 - RFP - REQUIRED SPECIFICATIONS

13. ....................................................................................ERROR! BOOKMARK NOT DEFINED.

1. RFP INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement and Description

The Massachusetts Department of Transportation (MassDOT) Rail and Transit Division (RTD) is seeking to select one, or a consortium of firms, to provide professional consulting services to RTD by issuance of task orders on an as-needed, and on-call basis. Selected consultants will support RTD in range of services such as technical assistance, strategic planning, and project management for the effective delivery of federal and state transit programs across the Commonwealth of Massachusetts.

1.2 Background Information

MassDOT Rail and Transit Division (RTD) is responsible for administering a broad portfolio of state and federally funded transit initiatives including oversight of 15 Regional Transit Authorities (RTAs), statewide transit capital planning efforts, asset management, and the provision of technical assistance for rural and urban transit providers throughout Massachusetts.

RTD receives and provides funding through the Community Transit Grant Program (CTGP), which is supported by both the Federal Transit Administration (FTA) and state transportation funds. MassDOT ensures that all sub-recipients of CTGP funds maintain compliance with state and federal grant requirements. As a designated “pass-through” MassDOT ensures that all sub-recipients maintain compliance with federal and state requirements, including those outlined by the Office of Management and Budget (OMB) and the FTA Master Agreement.

Consultants will be expected to support RTD and its sub-recipients in meeting applicable programmatic requirements, adhering to state and federal guidelines, and fulfilling reporting and administrative obligations. The selected consultants will work in close coordination with RTD staff to provide technical guidance, develop deliverables, generate quarterly project reports and offer subject matter expertise across various transit-related initiatives.

1.3 Scope of Services

The consultant (s) will provide on- call support through individual task orders issued by RTD. Services may include but are not limited to, technical assistance, guidance, project implementation support, and subject matter expertise in the following areas:

General Planning Service:

• Assist RTD in strategic planning with respect to both short and long-term investment needs.

• Prepare analyses of Regional Transit Authorities (RTA) transit networks.

• Assist in the preparation of transit goals, objectives and performance measures.

• Prepare needs analysis and feasibility studies.

• Prepare studies, analyses and plans for multimodal transportation, including but not limited to, bus transit, regional, commuter and intercity bus, and ferries.

• Assist in the development of analyses and evaluations of paratransit and demand response services.

• Assist in the development of asset management plans for both revenue and non-revenue vehicles.

• Rail Planning

• Service Design & Development

• Other General Planning Services as required.

Mobility Management, Human Service Transportation, and Transportation Demand Management:

• Conduct studies and provide technical assistance related to topics such as mobility management, community transportation, human service transportation, volunteer driver programs, age-friendly transportation, accessible transportation, transportation coordination, mode shift, and transportation demand management

• Provide technical assistance to MassDOT grantees and subrecipients, including transit authorities, municipalities, Transportation Management Associations, and community-based organizations, on topics such as mobility management, community transportation, transportation coordination, rural transportation, transportation demand management, and mode shift

• Technical assistance on outreach and marketing of transit and community transportation services, public outreach and engagement, and inclusive planning and strategies for including riders in planning & decision-making

• Meeting facilitation

• Event planning

• Graphic design

• Research support and data entry

• Database technology maintenance and enhancements

• GIS mapping

• Other Mobility Management. Human

Service Transportation, and Transportation Demand Management

Technical Assistance and Data Collection:

• Provide assistance in the delivery of the Massachusetts Rural Transportation Assistance Program

(MARTAP).

• Provide driver training to Section 5310 sub-recipients and other community transit providers as needed.

• Provide subrecipient training relative to state or federal regulatory compliance requirements

• Provide assistance in grant writing on behalf of RTD and RTAs as needed.

• Assist RTD and RTAs with accounting technical expertise.

• Station Access, First/Last-Mile, and Mobility Hubs

• Facilities Analysis and Modernization

• Assist with documentation of internal processes, including but not limited to Standard Operating Procedures

• Assist with external documentation, including but not limited to Program Guides for subrecipients

• Provide RTAs and subrecipients with technical assistance on transit marketing, rider engagement, and outreach

• Provide assistance in the compilation of intercity and commuter bus ridership counts.

• Assist in the development of a statewide integrated Park n’ Ride inventory.

• Provide other transit and transportation data collection services as required.

• Other Data Collection assistance as required

• Provide Project Management Assistance

• Provide assistance in the compilation of intercity and commuter bus ridership counts.

• Provide other transit and transportation data collection services as required.

• Benchmarking and best practices

• Ridership Modeling

• Other Technical Assistance and

Data Collection assistance as require

Procurement:

• Assist in the development of specifications for ferries, buses, accessible vans, maintenance facilities and other

• Perform vehicle inspections and FTA pre/post buy America audits

• Tasks may involve reviewing project specifications, timetables, correspondence, change orders, and financial records

• Assist in the development of state and federally compliant procurement solicitations as required.

• Other Procurement services as required

Compliance:

• Provide technical assistance to ensure RTD’s compliance with FTA and State regulations, as applicable to internal processes and responsibilities related to subrecipients, consultants, and sub-consultants.

• Review and assess new Federal and State regulatory requirements for applicability to RTD’s internal and external operations.

• Assist RTD with implementing new Federal and State requirements to maintain ongoing compliance.

• Conduct quarterly assessments of compliance activities, including, status of compliance reviews, hours spent per subrecipient, total cost per subrecipient, estimated hours remaining for completion, summary of technical assistance provided and updates to compliance templates.

• Maintain a consolidated inventory of compliance-related documentation to support preparedness for and completion of all required federal and state reviews.

• Perform gap analyses of compliance activities and documentation, identify discrepancies against program-specific guidance, propose updates to align with regulatory requirements and best practices, provide revised documentation accordingly

• Support RTD’s preparation for Federal State Management Reviews and similar audits, including, assistance with FTA documentation submissions via the RIR system and others, continued support until formal FTA closure notification.

• Assist MassDOT in delivering compliance training to RTD staff and subrecipients.

• Proactively manage and update a subrecipient oversight schedule/calendar for compliance program administration and FTA submission.

• Utilize a standardized project management reporting tool to track the status of compliance reviews.

• Develop comprehensive Project Work Plans that include, bi-weekly updated project work plans, monthly status/dashboard reports detailing, task status and accomplishments, identified issues, anticipated completion dates, costs, and remaining budget, budget tracking and invoice documentation aligned with MassDOT reimbursement practices, short-, mid-, and long-term planning documents

• Assist in developing and implementing procurement policies for RTD’s own vehicle and equipment purchases, for distribution to subrecipients, ensuring inclusion of relevant Federal and State procurement regulations.

• Provide compliance support in key regulatory areas: Drug & Alcohol Testing, DBE Program, Financial Management Oversight and other Federal and state compliance areas as needed.

• Offer one-on-one technical assistance and customized training for RTD staff and subrecipients.

• Develop written compliance guidance for RTD and subrecipient use.

• Support the creation of a program performance tracking system capturing, subrecipient status, compliance risk level, milestone and deadline adherence.

• Generate internal and FTA-compliant reports and dashboards.

• Ensure software tools support documentation, audit readiness, and efficient compliance tracking (e.g., Smartsheet, Monday.com, Power BI).

• Other compliance assistance

New Technologies:

• Assist in the implementation and integration of new operations and ITS technologies. These include real-time arrival prediction and alert systems, Daily Online Resource Management (DORM), Asset Management, Traffic Signal Priority, supplemental Computer-Aided Dispatching software, real-time information display and announcement systems (both on-board and fixed-side), CCMS, and various software applications dealing with maintenance and operations.

• Assist in the creation and/or modification of reports generated from same.

• Project Reviews: Evaluate how the projects have been proceeding and gather recommendations for changes. Tasks may involve reviewing project specifications, timetables, correspondence, change orders, and financial records

• GTFS and Transit Information

• Fare payment systems

• Artificial intelligence

• Other transit technology assistance as required

1.3.1 Task Order Based Contract

Upon issuance of a Task Order, the consultant must provide a written estimate of the hours required and corresponding cost for each task order. RTD must approve each cost estimate in writing before the consultant initiates work on the task(s). Each Task Order will contain its own completion date.

RTD and the consultant will negotiate a maximum fee for each individual Task Order in accordance with the following provisions

• The Maximum Fee amount established for each Task Order shall be the agreed person-hour effort required for performance of the desired services at the approved hourly rates, plus miscellaneous and out- of- pocket expenses, plus the cost of negotiated expenses (if any).

• Miscellaneous and out-of-pocket expenses for consultants shall be established for each Task Order.

• Compensation for additional services, if required, shall be negotiated for each assignment

• Deliverables shall be accepted by the assigned RTD Task Manager before payment for such work is approved

Additionally, the following reporting and compliance requirements apply to all task orders issued under this contract:

• The consultant shall be responsible for monitoring the performance and compliances of all subcontractors engaged under this contract. This oversight must be documented and reported to RTD as part of each quarterly progress report

• Each active task order requires a separate quarterly progress report which must outline progress to date challenges encountered and anticipated next step – see form attached

• The consultant shall be responsible for tracking all Disadvantaged Business Enterprises (DBE) spending associated with each task order. This information must be clearly reported in each invoice submitted to RTD, in alignment with the DBE goal established for this procurement- see form attached

Each form must include the following DBE data:

o Name the name (s) of the DBE firm (s) utilized o The amount paid to each DBE during the invoice period o The percentage of total invoices attributable to the cumulative DBE participation to date under the contract

1.4 Applicable Procurement Law

This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52;

Federal requirement: 49 CFR Part 23; 49 CFR Part 29.

1.5 Number of awards

MassDOT RTD intends to make one or multiple awards. MassDOT may make a single award if it is in the best interest of MassDOT to do so.

1.6 Adding Consultants after initial Contract award

If, over the life of the Contract, MassDOT determines that additional Consultants 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 RTD, the Bid may be reopened to obtain additional Consultants.

1.7 Eligible Entities

Any contract resulting from this Bid will be open for use by MassDOT only.

1.8 Acquisition Method(s)

The acquisition method is fee for service contract. Consultants will enter into agreement with MassDOT to provide consulting services as described further in this RFP.

1.9 Contract Duration

Contract Duration

Number of

Options Number of Years Instructions

Initial Duration

N/A

Up to 5 The contract will be executed for the five (5) initial period that will begin on the contract start date.

Renewal Options

5 Up to 1 Five one-year option periods if exercised by RTD

Total Maximum Contract Duration

N/A Up to 10 Initial number of years for the initial term plus all renewal periods shall not exceed ten (10) years

The length of the contract, specifically the contract start date, is dependent upon receiving properly executed paperwork from the consultant. If the 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 consultants. No agreements for services may be executed after the Contract has expired.

1.10 Estimated Value of the Contract

MassDOT makes no guarantee that any commodities or services will be purchased from any contract resulting from this Bid.

This contract shall be issued as a rate-based agreement for the provision of professional consulting services to the Massachusetts Department of Transportation Rail and Transit division RTD. Compensation under this agreement shall be based on fully loaded hourly billing rate for all proposed staff titles.

Consultant must submit a detailed rate schedule with their proposal that provides fully loaded hourly rate by staff title, specified separately for:

o Each year of the initial five-year term, and o Each of the five (5) one-year options, if exercised https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter7/Section22

All services will be authorized under task order that defines the scope of work, personnel assignment, level of effort, period of performance and not to exceed amount. Consultants will be compensated for actual hours worked the agreed-upon fully loaded rates and allowed under MassDOT policy.

Consultant will only be compensated for work completed and documented in accordance with task order terms).

Post-award should the MassDOT make the request, the Consultant and all sub-consultants shall make available (at no cost to MassDOT) their Quality Assurance/Quality Control Program and Procedures for MassDOT review.

1.11 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 RFP 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.

1.12 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.

Prior approval from MassDOT is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Consultants shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not as assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the prior written consent of MassDOT. All assignments or transfers of any rights or interests in the contract by the Contractor shall be void, without the prior written consent of MassDOT.

1.13 Public Opening

There is NO public opening of this RFP. MassDOT Rail & Transit Procurement Officer (or designee) will receive the RFP Quote on behalf of MassDOT. COMMBUYS serves as the system of records for receipt of all the RFP’s responses.

1.14 Contract Modifications

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

1.15 Contract Termination

1.15.1 Termination for Convenience

MassDOT may terminate this contract, in whole or in part, at any time upon written notice to the Contractor at MassDOT’ s convenience. Any such termination shall be affected by delivery to the Contractor of a written Notice of Termination specifying the extent to which performance of the work under this Contract is terminated, and the date upon which such termination becomes effective. If the Contractor has any property in its possession belonging to MassDOT, the Contractor will account for the same and dispose of it in the manner directed by MassDOT. Terminations carried out 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.

1.15.2 Termination for Default

If 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.

1.15.3 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 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.

1.16 Rejection of Quote / Minimum Bid Response Duration

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

All Quotes will remain valid for a period of one hundred twenty days (120) from its submission date and will become part of the contract negotiated with MassDOT Rail and Transit Division.

2. ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 8/29/2025 Deadline for Submission of Questions to

COMMBUYS

9/23/2025@2:00 PM

Official Answers for Bid Q&A published (Estimated). Bid Amendment Deadline - Bid documents will not be amended after this date. Bid submission begins.

10/7/2025 @2:00 PM

Deadline Bid Proposal Submission Forms and Bid Spreadsheet to COMMBUYS

10/20/2025 @ 2:00PM

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

11/3/2025-11/10/2025

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

11/30/2025

Estimated Contract Start Date, if any 12/15/2025

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.

2.1 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 out-of-date posted information or on information received from a source other than COMMBUYS.

2.2 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 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. 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 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. MassDOT Rail and Transit 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 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.

2.3 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.

2.4 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.

3. PERFORMANCE SPECIFICATIONS

3.1 Pricing

MassDOT agrees to pay the Consultant according to the Commonwealth’s bill paying policy

3.2 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 the Bidder’s Response to achieve the best value for MassDOT.

3.3 Contract Management (Service Provider’s interface with MassDOT’s Contract Manager)

The consultant shall designate an assign a contract manager who will serve as the principal point of contact for all matters related to the contract oversight, performance and communication with the Massachusetts Department of Transportation Rail and Transit Division (RTD). The contract manager shall be responsible for day-to-day administration of the contract and must ensure the consultant’s full compliance with all contractual programmer and regulatory requirements, Responsibilities Contract Manager:

The Contract Manager shall be responsible for, but not limited to, the following:

• Serving as the lead liaison between the consultant and MassDOT for all contractual matters

• Responding in writing to all MassDOT communication within 24 hours unless otherwise directed

• Overseeing the performance and coordination of all task order assigned deliverables and timelines

• Monitoring subcontractor activities and ensuring the compliance with contract term

• Maintaining and submitting quarterly report detailing progress on task orders, staffing changes, DBE participation, and any project concerns

• Managing internal quality assurance and issue resolution processes

• Ensuring that a regional representative is available and present on site within 48 to 72 hours if required by RTD.

DBE commitment oversight and substitution The consultant is expected to uphold the DBE participation commitment as proposed in its original submission and as agreed upon the contract executed. The contract manager shall:

• Track and report DBE participation regularly, as part of each quarterly report and invoice submission.

• Ensure that all the DBE firms listed in the proposal are utilized as proposed, consistent with their scope and role.

• Maintain records of payments to DBE's and include DBE activities summaries with each invoice.

Any changes to the consultant proposed DBE participation—including including substitutions, replacement, or removal of DBE firms must be requested in writing and approved by MassDOT in advance.

Requests must include

• Justification for the requested change

• The name in qualification of the proposed replacement DBE (if applicable)

• A revised DBE participation plan showing how overall goal will be maintained or exceeded.

MassDOT reserves the right to reject any proposed DBE substitution that does not meet program objective or diminishes DBE participation.

MassDOT RTD may require replacement of contract manager if:

• The contract manager does not adequately support contract requirement and/or the contract manager fails to respond or deliver timely complete or accurate information.

• Communication between consultants and MassDOT RTD is hindered by ineffective management.

• DBE compliance is not properly managed, documented or maintained.

• The consultant's overall performance is negatively impacted due to managerial issues.

3.4 Indemnification

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 Proposal.

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 Proposal.

The Bidder agrees that title, ownership and the incidents thereto of all products to be purchased under any contract resulting from this Request for Proposal shall not vest in MassDOT until such materials are delivered to and accepted by the Commonwealth

3.5 Performance Criteria

The Consultant’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Product delivery and liability remain with the Consultant until the products are properly delivered and signed by MassDOT.

3.6 Invoicing

MassDOT RTD shall pay Contractor on the basis of invoices submitted every month for the Services performed during the preceding month. The Services shall be invoiced in accordance with the rate schedules; subcontractor costs shall be supported by invoices, as are prime costs. Invoices shall be in a form acceptable to RTD and each invoice must include:

• Contract Number.

• Name, title/ classification and labor rate of employee.

• Description of work performed.

• Hours worked by employees accompanied by signed timesheets.

• Subcontractor costs with itemization in same format above.

• Total costs.

• Percent of schedule and budget expended.

MassDOT may, at any time, conduct an audit of any and all records kept by Contractor related to the Services performed under this Contract. Any overpayment uncovered in such an audit may be charged against the Contractor future invoices and any retention funds.

3.7 Invoice submittal

Contractor shall submit invoices by e-mail to the address listed below. Invoices shall be in a PDF, word, or excel format.

• Email: lauren.richmond@dot.state.ma.us

3.8 Preparation and execution of bids

The Bidder is responsible for performing any investigation or research regarding all conditions affecting the work to be done and labor and material needed and make its Bid in sole reliance thereon.

3.9 Right of Protest (FTA Circular 4220.1F)

If a consultant has a grievance with a solicitation or award, they may protest to the Procurement Team Manager within 5 business 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:

Monica Auguste Procurement Officer Massachusetts Department of Transportation Rail & Transit Division 10 Park Plaza, Room 3720 Boston, MA 02116 Phone: (857) 368-8984 Monica.auguste@dot.state.ma.us mailto:lauren.richmond@dot.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.

3.10 Other Terms

3.10.1 Insurance Requirement

Provide a scanned copy of a Certificate of Insurance and shall include the following:

a. Workers’ Compensation Insurance in compliance with applicable federal and state laws, and Employers Liability Insurance with limits of at least One Million Dollars ($1,000,000) each accident / One Million Dollars ($1,000,000) policy limit and / One Million Dollars ($1,000,000) each employee. The policy must be specifically endorsed to provide a Waiver of Subrogation in favor of MassDOT.

b. Automobile Liability Insurance covering owned, non-owned, and hired vehicles with combined limits for bodily injury and property damage of at least One Million Dollars ($1,000,000) per accident. The policy must be endorsed to include MassDOT as an additional insured. A waiver of subrogation in favor of MassDOT must be provided.

c. Commercial General Liability Insurance including contractual liability specifically covering this Agreement and products liability/completed operations coverage, written on an occurrence form, with combined limits for bodily injury, personal injury, and property damage of at least One Million Dollars ($1,000,000) per occurrence. The policy must be endorsed to include MassDOT as an additional insured. A waiver of subrogation in favor of MassDOT must be provided.

d. Umbrella Liability Insurance providing excess of the primary underlying Employers

Liability Grant in the Workers Compensation policy, Automobile Liability and the Commercial General Liability. The limits shall be $5,000,000 per occurrence and $5,000,000 in the aggregate.

e. Privacy and Security Liability including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection or other negligence in the handling of confidential information and including coverage for regulatory defense and penalties in an amount not less than $5,000,000 per claim. If the policy is on a claims made basis, insurance must be maintained for at least six years after completion.

f. Professional Liability (Errors and Omissions) Insurance for $2,000,000 per claim and

$2,000,000 aggregate. If the policy is on a claims made basis, insurance must be maintained for at least six years after work completion.

g. All insurance maintained by the Contractor pursuant to this Contract shall be written by insurance companies licensed to do business in the Commonwealth of Massachusetts. If the Contractor determines that any such insurance needs to be placed with surplus lines carriers not licensed by the Commonwealth of Massachusetts, written permission from the Authority is required. All insurance companies to be used by the Contractor must have a Best’s Rating of not less than A-VII and be reasonably acceptable to MassDOT.

h. If requested by MassDOT in writing, the Contractor will furnish certified copies of the aforementioned policies to MassDOT ’s designated representative.

i. All insurance maintained by the Contractor shall provide that insurance for the benefit of MassDOT shall be primary as it applies to damage or injury resulting from, or arising out of, or occurring in connection with the execution of the work performed by the Contractor, and MassDOT’s own insurance shall be non-contributing.

j. The Contractor shall provide MassDOT with certificates of insurance evidencing the above-referenced insurance policies within ten (10) days of the execution of this Contract.

The Contractor shall give MassDOT thirty (30) days prior written notice of cancellation, material change, or non-renewal of the coverage. The policies must be specifically endorsed as such.

k. The above insurance requirements shall also apply to any subcontractors, sub consultants, agents, or any other individual retained by the Contractor to perform the services and/or obligations under this Contract.

3.10.2 Award and rejection of bids

MassDOT reserves the right to reject any or all responses. MassDOT makes no representation or warranty as to the accuracy and/or completeness of any of the information provided in this RFP. MassDOT reserves the right to award by service, group of services or total bid. MassDOT further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of the Commonwealth. MassDOT reserves the right to reject awarding a contract due to unacceptable past performance by a consultant. MassDOT shall have the final authority in selecting the product categories to be awarded.

MassDOT reserves the right to suspend, withdraw, or amend this RFP at any time, and to reject any Response not submitted in conformance with this RFP and any addenda hereto. This RFP is not an offer and MassDOT is not issuing it under any statutory requirement. MassDOT has determined that the selection of a consultant through an open, competitive process to be in the best interest of the public and MassDOT. MassDOT’s decision with respect to the award of contracts pursuant to this RFP process shall be final. Responses may be rejected if, in MassDOT’s sole judgment, they fail to meet the requirements of the RFP; are incomplete, conditional, or obscure; contain additions, deletions, alterations, errors, or other irregularities; or are submitted by Respondents who are not experienced or capable of performing the Scope of Services. MassDOT reserves the right to waive any of the foregoing, or any informality.

3.10.3 Security and confidentiality

Contractors shall comply fully with all security procedures of the Commonwealth and MassDOT in performance of the Contract. The Contractor shall not divulge to third parties confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees while performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of MassDOT.

3.10.4 System Security and Data Privacy Requirements

As part of its efforts under any agreement resulting from this RFP, the Vendor will be required to use MassDOT data and IT resources. For purposes of this work effort, “MassDOT Data” shall mean data provided by MassDOT to the Vendor, directly or indirectly, which may physically reside at a MassDOT or another location, and any data derived therefrom, including metadata.

MassDOT Data

In connection with MassDOT Data, the Vendor will implement commercially reasonable safeguards necessary to:

• Prevent unauthorized access to MassDOT Data from any public or private network.

• Prevent unauthorized physical access to any information technology resources involved in the development effort; and

• Prevent interception and manipulation of MassDOT Data during transmission to and from any servers.

The successful Bidder will be responsible for providing a solution which adheres to the MassDOT and Commonwealth security standards. The appropriate safeguards within the environment should include the use of encryption software and unique IDs and passwords to protect the data’s confidentiality, integrity, and availability. All data is Commonwealth owned and/or owned by MassDOT and should be accessible to its designated personnel at all times regardless of the location of the data.

All MassDOT applications must meet security standards appropriate for the type of information that they will be storing, processing or transmitting. Where the application will not be storing, processing or transmitting any explicitly regulated information, then PCI DSS 4.0 compliance standards will be used as a best practices guide. Validated compliance with such is not mandatory for applications that do not store, process or transmit credit card information.

All applications must meet Commonwealth PII standards which are based on NIST standards.

Personally identifiable information (PII) must be physically stored within solution architecture within the United States.

Bidder will adhere to all Commonwealth and/or Federal statutes, regulations and policies related to data privacy and security breaches now in effect or implemented throughout the Term hereof including, without limitation, the policies listed hereunder:

EOTSS Security Policies and Standards https://www.mass.gov/handbook/enterprise-information-security-policies-and-standards

201 CMR 17.00: STANDARDS FOR THE PROTECTION OF PERSONAL

INFORMATION OF RESIDENTS OF THE COMMONWEALTH

http://www.mass.gov/ocabr/docs/idtheft/201cmr1700reg.pdf

Massachusetts General Law 93H Security Breaches https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93H

Massachusetts General Law 93I Dispositions and Destruction of Records https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93i

Bidder will notify MassDOT immediately if any cyber security incidents occur that pose risk to any MassDOT applications, systems, or networks.

Bidder certifies that all computers which will access MassDOT applications are protected with anti-virus software, are updated with security patches as per the timelines listed in EOTSS Vulnerability Management Standard, and are within active support agreements for Operating System and installed applications.

Bidder certifies that all steps will be taken to ensure the security and confidentiality of all MassDOT data and all related data for which Bidder becomes a holder or to which Bidder has access, either as part of performance or inadvertently during performance with special attention to restricting access, use and disbursement of personal data and information under M.G.L. C. 93H and C. 66A.

Bidder is required to comply with M.G.L. 93I for the proper disposal of all paper and electronic media, backups or systems containing personal data and information, provided further that Bidder https://www.mass.gov/handbook/enterprise-information-security-policies-and-standards http://www.mass.gov/ocabr/docs/idtheft/201cmr1700reg.pdf https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93H https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93i is required to ensure that any personal data or information transmitted electronically or through a portable device be properly encrypted as per requirements (at a minimum) in EOTSS Security Policies and Standards.

MassDOT Technical Advisory Group (TAG) The TAG ensures projects that have met the MassDOT designated technology criteria as defined in the RFP and is scheduled early in the project to review and approve any variances to MassDOT standards. The TAG must review the proposed architecture and configuration, and technical infrastructure, security and architecture related documentation provided as part of the Bidder response to this RFP prior to any implementation of the COTS solution. This includes where applicable:

• Specific proposed conceptual and logical architecture definitions and diagrams

• Data flow models

• Network and detailed system design documents

• Identity management, provisioning, role management, and authentication documentation

• Policy documents that directly or indirectly support /control implementation

• Data migration, management, disposal and systems sun-setting policies and procedures

• Incident Response Policies and procedures

• Physical Security Policies and procedures including other documentation requested by the

MassDOT information security team

• Physical Data Center/ Disaster Recovery site details, diagrams, procedures and locations specific to this project

• Change Control Policies and Procedures

• Vulnerability Management Policies and Procedures

For hosted solutions, the TAG may also request the Bidder to provide additional details throughout the project regarding architecture and security proposed solution including:

• Active Directory Integration options

• Authentication processes and tool options

• Encryption procedures

• API’s included in the Implementation Plan

• System interoperability

• Open source software…