UASGS RFR.docx

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MassDOT UNMANNED AIRCRAFT SYSTEM GOODS and SERVICES (UASGS)
Solicitation number
BD-23-1030-CPO1-CPO1-79507
Issued by
Massachusetts

About this file

This document is a Request for Response (RFR) issued by the Massachusetts Department of Transportation (MassDOT) Aeronautics Division to solicit responses from firms qualified to provide unmanned and autonomous systems (UAS) goods and services. MassDOT seeks to secure access to UAS-related equipment and qualified consultants to provide specialized technical services for the agency. The RFR will remain open on a rolling basis for up to 5 years, with the possibility of two 2-year extensions. Responses can be submitted at any time during this period, and MassDOT will review and select qualified respondents as needed. MassDOT makes no guarantee regarding the quantity of goods or services that will be purchased under any resulting contracts.

The RFR outlines the required qualifications, categories of goods and services, pricing and payment terms, and evaluation criteria. Respondents must submit a pricing proposal and demonstrate capabilities in the specific goods or services they are offering. MassDOT will evaluate proposals on factors such as category fit, demonstrated experience, quality of goods/services, references, supplier diversity, and pricing. MassDOT reserves the right to negotiate pricing and product specifications, as well as the right to reject any and all proposals.

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UASGS Prompt Payment.doc DOC document
UASGS Respondents Response Form.docx DOCX document
UASGS SDP.xlsx XLSX spreadsheet
UASGS Bidder Questions.pdf PDF
UASGS EPP.xlsx XLSX spreadsheet
UASGS Consultant Madatory Form.pdf PDF
UASGS RRF Submission Checklist.docx DOCX document

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MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT)

AERONAUTICS DIVISION

ONE HARBORSIDE DRIVE, STE 205N

BOSTON, MA 02128

REQUEST FOR RESPONSE (RFR)

UNMANNED AIRCRAFT SYSTEM GOODS and SERVICES (UASGS)

COMMBUYS BID # : BD-23-1030-CPO1-CPO1-79507

Document Release Date: 09/13/2022

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.

iManageDB1\104668\000009\3649696.v1-2/19/21 iManageDB1\104668\000009\3649696.v1-2/19/21

TABLE OF CONTENTS

Section
Title
Page
1.0
RFR INTRODUCTION AND GENERAL DESCRIPTION
1
1.1Procurement Scope and Description
1.2Brief History of the Massachusetts Department of Transportation
1.3Applicable Procurement Law
1.4Number of Awards
1.5Adding Contractors after initial Contract award
1.6Procuring Agency /Contract Manager
1.7Eligible Entities
1.8Acquisition Method(s)
1.9Contract Duration
1.9.1Contract Extension
1.10Estimated Value of the Contract
2.0
ESTIMATED PROCUREMENT CALENDAR
3
2.1Amendment Deadline
2.2Questions Regarding the RFR
3.0
SPECIFICATIONS
4
3.1Project Purpose
3.2Minimum Qualifications
3.3Categories of Goods and Services
3.3.1Goods - Catalogs
3.3.2Services
3.3.3Other Provisions and Reservations by MassDOT
3.4Contract Management
3.4.1Contractor’s Contract Manager
3.4.2Contractor’s Contact Information
3.5Pricing
3.6Confidentiality and Security of Data
3.7Payment
3.8Respondent’s Liability and Indemnification
3.9Performance of Work
3.10Subcontracting
3.11Compliance With Laws and Regulations
3.12Cancellation of Contract
3.13Contractor Warranty
4.0
AUDIT
11
5.0
PROPOSAL EVALUATION
12
5.1Evaluation Components
5.1.1Supplier Diversity Plan
5.1.2Category Fit
5.1.3References
5.1.4Prompt Payment Discount
5.1.5Demonstrated Experience
5.1.6Business Capacity
5.1.7Qualities of Goods and Services
5.1.8Price
5.2Evaluation Process
5.3Oral Interviews and Presentations
5.4Final Evaluation
5.5Best and Final Offer (BAFO)
5.6Basis of Award: Best-Value
6.0
RFR QUALIFICATIONS
15
7.0
INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF BIDS
15
7.1RFR Submission Checklist
7.2Cover Letter/Executive Summary
7.3Contractor’s Contract Manager
7.4Respondents Categories of Goods and Services
7.5Category Fit/Description of Goods and Services
7.6Demonstrated Experience
7.7Business Capacity
7.8Qualities and Characteristics of Goods and Services
7.9Business Reference
7.10Structure of Pricing, Fees, Rates, and Other Charges
7.11Disclosure of Conflicts of Interest and Pending Discipline
7.12Certificate of Insurance
7.13Contractor Authorized Signatory Listing Form
7.14Supplier Diversity Program Plan (SDP) Form
7.15Executive Order 515, Environmental Purchasing Policy / EPP Plan
7.16Prompt Payment Discount Form
7.17Forms To Be Submitted Only if Awarded Contract
•MassDOT Standard Contract Form MassDOT Terms and Conditions
•Request for Taxpayer Identification Number and Certification (W9 Form)
•Electronic Funds Transfer Form
8.0
HOW TO SUBMIT A BID RESPONSE
22
9.0
APPENDIX 1 – REQUIRED TERMS
25
9.1.1Alterations
9.1.2Ownership of Submitted Quotes
9.1.3Prohibitions
9.2Terms and Requirements Pertaining to Awarded Contracts
9.2.1Commonwealth Tax Exemption
9.2.2Service Provider’s Contact Information
9.2.3Publicity
10.0
APPENDIX 2 – INSURANCE REQUIREMENTS
26
10.1Maintain Insurance Coverage during Term of Contract
10.2Certificates of Insurance
11.0
APPENDIX 3 – OTHER RFR SPECIFICATIONS
28

Page iii

RFR INTRODUCTION AND GENERAL DESCRIPTION

Procurement Scope and Description The Massachusetts Department of Transportation (“MassDOT”) is issuing this Request for Proposals for Unmanned and Autonomous Systems Goods and Services, to solicit responses from firms qualified and able to provide the types of goods and services set forth in Section 3.3, Categories of Goods and Services as directed by MassDOT’s Aeronautics Administrator. MassDOT seeks to secure access to equipment related to unmanned and autonomous systems (“UAS,” also known as “drones”) that are currently unavailable on any Statewide contract. MassDOT also seeks to augment the specialized technical knowledge and skills available to MassDOT by securing access to qualified consultants who are able to provide services related to UAS in specific technical areas for MassDOT.

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

By structuring this process in the form of an RFR, respondents will be competing against each other for selection by MassDOT to provide it with the Goods and Services in one or more of the categories set forth in Section 3.3, Categories of Goods and Services. MassDOT shall compare the submissions of all respondents pursuant to the evaluation criteria set forth in this RFR. This RFR will remain open on a rolling basis for the next five years, with the possibility of one three-year extension, to be exercised in MassDOT’s sole discretion. MassDOT will evaluate the qualifications of respondents in no order, and in no particular time frame.

As the need arises for a specific good or consultant service, the selected firm(s) may be required to submit a proposal detailing the terms upon which they are able to provide goods, a methodology or task approach to providing services, or both.

This RFR and any subsequent agreement do not require MassDOT to purchase goods from or use the Services of any consultant. MassDOT in its sole discretion, has the right to make none, some, or unlimited requests for the Goods and Services and does not guarantee in any way the amount of Goods or Services that will be requested of the consultant.

Individuals performing Services for MassDOT may be considered “special state employees” subject to the provisions of the Massachusetts Conflict of Interest Law M.G.L. c.268A. MassDOT’s Consultant Services Agreement will require Consultants to certify, among other things, compliance with the Conflict of Interest law.

Brief History of the Massachusetts Department of Transportation The Massachusetts Department of Transportation is a body politic and corporate and public instrumentality of the Commonwealth pursuant to M.G.L. c. 6C, and established pursuant to Chapter 25 of the Acts of 2009, as amended. Among other things, MassDOT has all powers necessary or convenient to carry out and effectuate its purposes including, without limitation, the power to direct, operate, administer and implement the programs of roadway, general aviation, rail and transit, and vehicular registration and regulation and, in cooperation with the office of planning and programming for the design, construction, repair, maintenance, capital improvements, development, and planning of the transportation facilities throughout MassDOT, as appropriate. Additional information about MassDOT can be found at http://www.MassDOT.state.ma.us/ Applicable Procurement Law This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 Number of Awards The intent of this RFR is to select qualified contractors from which MassDOT can purchase UAS related goods and services on an as needed basis. MassDOT will begin an initial period of review, during which it will review all responses received as of that date and time. MassDOT will review responses for qualifications, in no particular order within no specific timetable. After having selected a respondent as sufficiently qualified, MassDOT will notify respondent of their selection to enter into a UAS Services Agreement.

Adding Contractors after initial Contract award This is a rolling enrollment solicitation. Under a Rolling Enrollment process the RFR never closes, allowing Respondents to respond at any point during the life of the solicitation. Proposals may be submitted on a rolling basis throughout the (5) five-year term of this RFR and any extension thereto, up until the last (6) six months prior to the expiration of the RFR term or extension. After that date, no further proposals will be accepted for review. The terms and conditions in a proposal must remain valid for not less than (1) one year from submission.

Procuring Agency /Contract Manager This Massachusetts Department of Transportation is the Procuring Agency:

Address: One Harborside Drive, Suite 205N, East Boston, MA 02128 Procurement Contact: Kevin Moran, Director of Administration and Finance Email: Kevin.mi.moran @dot.state.ma.us From the date of the issuance of this RFR until the selection process has been concluded, all communications by respondents or their employees, agents, or consultants with any employee or official of MassDOT regarding this solicitation are expressly prohibited, and if such occur, may result in disqualification. MassDOT’s decision to award a contract pursuant to this RFR shall be final.

Eligible Entities Any contract resulting from this Bid will be open for use by the following Eligible Entities:

Check One (“X”):
Eligible Entities
|X|
Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities: The resulting contract may be used by MassDOT Aeronautics Division

MassDOT reserves the right to add or remove additional authorized users during the contract term.

|_|
Limited User Contract – Restricted to Use by Issuing Entity Only (MassDOT Only).

Acquisition Method(s) The resulting contract from this solicitation will be a task order contract to provide goods or services on an as needed basis.

Contract Duration The expected duration of this contract is as follows:

Contract Duration
Number of Options
Number of Years

Initial Duration

N/A

Up to 5
The contract will be executed for this initial duration and will begin on the contract start date
Renewal Options
2
Up to 2
Two options to renew for two years each
Total Maximum Contract Duration
N/A
Up to 9
Initial number of years for the initial term plus all renewal periods

The length of the contract, specifically the contract start date, is dependent upon receiving properly executed award paperwork from the bidder. If award paperwork is received late, the full contract length may be less than indicated above. The contract end date shall remain the same for all vendors.

Contract Extension MassDOT may, at its sole discretion, extend the task order contract issued to a vendor for one or two additional two-year periods.

Estimated Value of the Contract MassDOT estimates that the collective total of all amount spent on contracts awarded under this RFR will exceed $250K each year. MassDOT makes no guarantee that any commodities or services will be purchased from any contract resulting from this solicitation.

ESTIMATED PROCUREMENT CALENDAR

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Respondents 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. Respondents are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Estimated Procurement Calendar updates.

Line
Procurement Activity
Date
Time
1
RFR Release Date
Tuesday, September 13, 2022
2
Questions Submitted to the Bid in COMMBUYS
Wednesday, September 21, 2022
4:00PM EST
3
Official Answers for Bid Q&A Published (estimated)
Wednesday, September 28, 2022
4
Initial Bid Responses Due in COMMBUYS
Monday, October 10, 2022
3:00PM EST
5
Notification of Apparent Successful Bidder(s) (estimated)
Friday, October 14, 2022
8
Contract Start Date (estimated)
Tuesday, November 1 , 2022

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 Respondents who submit a Bid based on out-of-date posted information or on information received from a source other than COMMBUYS.

Questions Regarding the RFR All questions regarding this RFR must be uploaded directly into the bid Q/A tab in COMMBUYS .

SPECIFICATIONS

Project Purpose MassDOT is seeking responses, from firms qualified to provide goods and services related to UAS that are currently not available on any Statewide contract, including but not limited to goods and services in the categories listed below. MassDOT reserves the right to augment the list in the event that additional specialized goods or services are required over the term of the procurement or any extension thereto.

Minimum Qualifications All UAS operators must possess a current Part 107 license. Respondents may not have any pending matters of criminal prosecution or significant pending disciplinary actions. Respondents must have relevant and positive references. Respondents must not be subject to any significant conflict of interest.

Categories of Goods and Services Respondents should clearly indicate the category or categories for which they wish to be considered for selection on the Bidders Response From - Respondents Categories of Goods and Services Form.

Goods - Catalogs Respondents must identify each good they are qualified to provide and for which they wish to be considered for selection. In addition to indicating the category or categories of goods respondent seeks to provide, respondents may provide a link or information for a COMMMBUYS-compatible online catalog. If a respondent provides a COMMBUYS-compatible online catalog, that respondent will be required to maintain the catalog for the duration of the contract and must post any updates or changes to the catalog, which must be consistent with the terms of the contract.

1.

Drone platforms

2.

Sensor Equipment (equipment that can attach to drones to enable the collection of data), including but not limited to:

a.
Cameras
b.
Electro optical sensors
c.
Infrared sensors
d.
Acoustic sensors

3.

Accessories (systems that enhance the capabilities of or facilitate the use of platforms, sensors, or other equipment on this list), including but not limited to

a.
Tethers
b.
Masts
c.
Carrying cases
d.
Mission Cases

4.

Software and Software as a Service, including but not limited to

a.
Flight planning tools
b.
Fleet management tools
c.
Uncrewed Flight Management and Flight Traffic Management tools
d.
Drone monitoring tools
e.
Safety logic
f.
Data analysis tools
g.
Data storage, processing, and handling tools
h.
Data visualization and display tools
i.
Data fusion and integration tools
j.
Data sharing tools
k.
Conversion pipelines and enterprise integration platforms
l.
Mapping tools
m.
Object recognition and image categorization tools
n.
Automation, Machine Learning, and Artificial Intelligence tools
o.
APIs and Software development tools

5.

Drone Payloads

6.

Power Supply Equipment, including but not limited to

a.
Batteries,
b.
Charging Equipment
c.
Power cords
d.
Generators

7.

Communications and/or Control Equipment, including but not limited to

a.
Receivers
b.
Transmitters
c.
Signal Boosters
d.
Routers
e.
Gateways
f.
Networking Equipment
g.
Livestreaming devices
h.
Cables

8.

Geolocation Equipment, including but not limited to

a.
GPS systems
b.
Routers
c.
Gateways

9.

Detection Solutions (Equipment or systems that can assist in detecting, tracking, or identifying manned or unmanned aviation systems or ground control stations), including but not limited to:

a.
Radar
b.
Acoustic
c.
Passive Radio Frequency
d.
Long-range optical
e.
Infrared search and track cameras
f.
Crowd sourced information systems

10.

Transport Equipment

11.

Replacement Parts

Services Respondents must identify each service they are qualified to provide and for which they wish to be considered for selection. In addition to indicating the category of service respondent seeks to provide, respondents are encouraged to provide as much detailed information proposes to provide to MassDOT.

1.

Equipment Suppliers and Resellers

2.

Drone Operators (plan and conduct flights of UAS)

3.

Data Collection (gather data using UAS)

4.

Data Analysis and Processing, including but not limited to:

a.
Production of actionable information from sets of data
b.
Geo-rectified image manipulation
c.
Data fusion and track creation

5.

Data Visualization and Presentation

6.

Data Management

7.

Systems Integration

8.

Systems Engineering

9.

Software Development

10.

Artificial Intelligence and Machine Learning Services

11.

Software Engineering

12.

Software Maintenance

13.

IT Service Providers

14.

Technical Consultants

15.

Training and Education

16.

Test

17.

Equipment Maintenance and Repair

18.

Research

19.

Asset Inspection Services

20.

Survey Services

Other Provisions and Reservations by MassDOT MassDOT may or may not seek additional information from respondents prior to making contractor selections or prior to purchasing goods or services from selected contractors.

Respondents who submit conforming responses to this RFR will receive an email letting them know whether they have been selected or not once a final decision has been made. Selected respondent(s) will be required to execute a UAS Goods and Services Agreement.

In the event that the need for UAS goods or services arises, MassDOT will issue a task order directing one or more of the selected contractors to perform the work or provide the goods as needed on the terms agreed in the UAS Goods and Service Agreement. At that time, MassDOT may ask selected contractors to submit additional information in order to inform MassDOT’s process for the issuance of task orders and ensure best value selection MassDOT reserves the right to suspend, withdraw or amend this RFR at any time, for any reason. MassDOT reserves the right to reject any proposal not submitted in conformance with this RFR and any addenda thereto. MassDOT reserves the right, in its sole discretion, to reject any and all proposals for any reason. MassDOT’s decision to award a contract pursuant to this RFR process shall be final.

Proposals which in MassDOT’s sole judgment fail to meet the requirements of this RFR or which are incomplete, conditional or which contain additions, deletions, alterations, errors, or other irregularities shall be rejected. MassDOT reserves the right to waive any of the foregoing. MassDOT is soliciting responses to this RFR pursuant to a determination that such a process best serves the interests of MassDOT and not because of any legal requirement to do so. MassDOT reserves the right to accept or reject any or all proposals, to waive any formality of this process, all as MassDOT in its sole judgment may deem to be in its best interest.

All responses, proposals, related documentation and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G. L. c. 66, §10, and to M.G.L. c. 4, §7(26), regarding public access to such documents. Any statements reserving any confidentiality or privacy rights in submitted responses or otherwise inconsistent with these statutes will be void and disregarded. The foregoing notwithstanding, MassDOT has developed a set of procedures to deal with all documents submitted to it in response to this RFR, and those procedures are set forth in Attachment A hereto. By executing the Authorized Respondent’s Signature and Acceptance Form, appended hereto as Attachment B, respondent acknowledges, understands and agrees to be bound by the procedures set forth in Attachment A, and agrees that MassDOT shall not be liable under any circumstances for the subsequent disclosure of any materials submitted to it by respondent pursuant to this RFR and/or in connection with any contract entered into between respondent and MassDOT as a result of this RFR process.

Any selected bidder must recognize that in the performance under the UAS Goods and Services Agreement and any work orders issued thereunder it may become a holder of personal data (as defined in M.G.L. c. 66A) or other information deemed confidential by MassDOT. Respondent shall comply with the laws and regulations relating to confidentiality and privacy, including any rules or regulations of MassDOT.

It is the policy of MassDOT that contracts are awarded only to responsive and responsible respondents. In order to qualify as responsive, the respondent must respond to all requirements of the RFR in a sufficiently complete and thorough manner.

Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR Respondents are prohibited from communicating directly with any employee of MassDOT 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 questions or inquiries concerning this RFR. Respondents may contact the email address provided herein for this RFR in the event this RFR is incomplete.

MassDOT may provide reasonable accommodations, including the provision of material in an alternative format, for qualified respondents with disabilities or other hardships. Respondents requiring accommodations shall submit requests by email, with supporting documentation justifying the accommodations. MassDOT reserves the right to grant or reject any request for accommodations.

The goal of this RFR is to select and enter into UAS Goods and Services Agreements with the respondents that will provide the best value of Goods and Services to achieve the procurement goals of MassDOT. Respondents are therefore invited to propose alternatives which provide substantially better or more cost-effective performance than achievable under a stated RFR specification.

Costs that are not specifically identified in the respondent’s response and/or not specifically accepted by MassDOT as part of the UAS Goods and Services Agreement will not be compensated under any contract awarded pursuant to this RFR. MassDOT shall not be responsible for any costs or expenses incurred by respondents in responding to this RFR.

The Respondent may not alter the RFR or its components except for those portions intended to collect the respondent’s response (Cost pages, etc.). Modifications to the body of this RFR, specifications, terms and conditions, or which change the intent of this RFR are prohibited. Any modifications other than where the respondent is prompted for a response MAY disqualify the response.

Respondent’s submitted response shall be treated by MassDOT as an accurate statement of respondent’s capabilities and experience. Should any statement asserted by respondent prove to be inaccurate or inconsistent with the foregoing, such inaccuracy or inconsistency shall constitute sufficient cause for rejection of the response and/or of any resulting contract. The RFR evaluation Committee will rule on any such matters and will determine appropriate action.

MassDOT’s prior approval is required for any subcontracted services under any UAS Goods and Services Agreement entered into as a result of this RFR. Selected respondents are responsible for the satisfactory performance and adequate oversight of their subcontractors. Subcontractors are required to meet the same requirements and are held to the same reimbursable cost standards as the selected respondents.

This RFR has been distributed electronically using the COMMBUYS website. If MassDOT determines that it is necessary to revise any part of this RFR, or if additional data is necessary to clarify any of its provisions, a supplement will be posted to COMMBUYS websites. It is the responsibility of respondents to check the COMMBUYS websites for any addenda or modifications to a RFR to which they intend to respond. MassDOT, the Commonwealth of Massachusetts, and its subdivisions accept no liability and will provide no accommodation to respondents who submit a response based on an out-of-date RFR document.

The selection of consultants will be dependent upon ongoing conflicts disclosure by the selected respondents.

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

Respondents SHALL provide a Contractor’s Contract Manager.

Respondents must name the individual who will serve as the Contractor’s Contract Manager in its submission to this RFR The Contractor’s Contract Manager SHALL be responsible for proper operation and administration of the contract by the Contractor. The Contractor’s Contract Manager SHALL act as the contact person for receipt of notice and other communications between MassDOT and the Contractor. The Contractor’s Contract Manager will be expected to respond within 24 hours to MassDOT, if contacted. The responsibilities of the Contractor’s Contract Manager include:

• Proper operation and administration of the contract by the vendorThe Contractor’s Contract Manager SHALL supplying information and serve as liaison between the contractor and MassDOT.

MassDOT MAY require the Contractor to relieve the Contractor’s Contract Manager if:

•The Contract Manager does not support the contract requirements.
•The Contract Manager does not deliver work, which conforms to the requirements demonstrated in this contract.
•Issues arise with the Contract Manager that hinders effective functioning of the contract.

Contractor’s Contact Information The Contractor’s MUST keep the Contractor’s Contract Manager Information current. If this information changes, the Contractor MUST notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering. MassDOT reserves the right to require contractor to verify a new contract manager if needed.

Pricing Respondents MUST submit a Price Proposal in response to this solicitation.

MassDOT reserves the right to negotiate pricing and product specifications at any time during the contract period for the best interests of MassDOT. MassDOT reserves the right to request additional information. MassDOT reserves the right to reject any requested price increases for any reason. MassDOT also reserves the right to negotiate decreases in pricing.

Confidentiality and Security of Data The selected contractor MAY work with highly confidential information, sensitive security information, and other information protected from unauthorized disclosure. The selected contractor and contractor staff associated with the award WILL abide by MassDOT and other agency confidentiality and privacy provisions, all confidentiality provisions contained in the MassDOT Terms and Conditions, and all applicable State and Federal laws and regulations, now in effect, or which become effective during the term of this contract.

Payment All payments under this Agreement SHALL be made in accordance with the Commonwealth's bill paying policy as defined in the Terms and Conditions Respondent’s Liability and Indemnification Respondent hereby agrees in its response to indemnify and release MassDOT from all liability in connection with the payment of damages, claims, freight charges demurrage, cost of material and other claims or demands of whatever nature, which may arise, during the Contractor’s performance of work under any order issued pursuant to a contract awarded under this Request for Response.

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

The selected vendor SHALL provide insurance as described in Item 10 with MassDOT as an additionally insured. At the time of a contract award, and any subsequent amendment for time, an updated insurance certificate SHALL be provided to MassDOT. At the time of insurance renewal, an updated insurance certificate SHALL be provided to MassDOT.

Performance of Work The Contractor’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 remains with the Contractor until the product are properly delivered and signed for by MassDOT.

Contractors SHALL give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not 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.

Subcontracting Prior written 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.

Contractors 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.

Compliance With Laws and Regulations Contractor SHALL keep fully informed and comply with the provisions of all applicable federal, state, and local laws, rules and regulations which in any manner affect this Contract and those engaged or employed to provide the services described herein. Contractor shall indemnify, protect, defend and hold harmless MassDOT, its members, officers, employees, and agents from all fines, penalties and liabilities imposed on MassDOT under any such laws, rules and regulations, when the imposition of same is attributable to the failure of the Contractor to keep fully informed and to comply with its obligations in this regard.

Cancellation of Contract Subject to and without waiving any of the terms of the Massachusetts Standard Form Contract, MassDOT reserves the right to terminate contracts upon a thirty (30) day written notice or terminate contracts IMMEDIATELY if the Contractor does not conform to the terms and conditions of the contract or breaches any material element of the contract.

Contractor Warranty Contractor SHALL honor all manufacturer warranties on materials purchases (equipment, parts, etc.), providing for return free of any-and-all shipping/postage costs and free of the cost of shipping/delivery of any replacement item.

AUDIT

During the term of this Agreement and for a period of six years thereafter, MassDOT, its auditors, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Service Provider has overcharged MassDOT, then the Contractor SHALL remit the overcharged amount and be responsible for payment of any costs associated with the audit.

PROPOSAL EVALUATION

A Selection Committee (“Committee”) will evaluate all proposals. . All selected respondents will be expected to enter a UAS Goods and Services Agreement. In the event that the need for UAS goods or services arises, MassDOT will issue a task order directing one or more of the selected respondents to perform the work or provide the goods as needed on the terms agreed in the UAS Goods and Service Agreement. At that time, MassDOT may ask selected respondents to submit additional information in order to inform MassDOT’s process for the issuance of task orders and ensure best value selection In evaluating the proposals received, the Committee will consider category fit, demonstrated experience, demonstrated quality, references, supplier diversity plan, pricing/rates, and prompt payment discount as set forth in the proposal to determine the respondents’ ability to provide the goods or services contained in this RFR. Significant experience in providing a category of goods or services listed will be given preference. Experience working for a State Agency or Authority will be given preference. Demonstrated knowledge and understanding of the category of good or service will be given preference. MassDOT will prefer the best value when considering pricing/rates.

Respondents must submit responses that meet all the mandatory submission requirements of the RFR. Only responsive proposals will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Any submission which fails to meet a mandatory submission requirement of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial or can be corrected. In these cases, the evaluation team may waive the non-compliance or allow the contractor to make corrections to the submission.

Evaluation Components The following components will be some of the criteria considered by the team when evaluating each bidder’s response:

Supplier Diversity Plan This mandatory component constitutes a substantial portion of the evaluation (equivalent to 25 points on a 100-point scale).

Category Fit Respondents must demonstrate that their capabilities match the category for which they are seeking consideration, in other words, that they are able to provide the specific type of goods or service sought in the Category for which they are responding. Respondents will be evaluated based on thoroughness of responses, breadth of offerings within the category, and uniqueness of offerings within the category.

References Respondents must identify at least (3) three contacts who can serve as business references. References should come from clients who have utilized respondent on matters related to the respective categories of goods or services for which respondent seeks selection within three (3) years prior to the RFR Response due date. For each reference, respondents shall include the name, address, contact person, telephone number, length of service and a description of the goods and services that the Respondent provided to the client. MassDOT reserves the right to contact the reference if necessary.

Prompt Payment Discount All Respondents must provide a prompt payment discount for doing business with the Commonwealth unless they can prove undue hardships by doing so.

Demonstrated Experience Respondents must demonstrate their expertise and experience in providing goods or services within the category for which they seek consideration. Respondents are encouraged to highlight prior experience serving state agencies or authorities. Respondents must list years of experience for the company as a whole, as well as for all key personnel.

Business Capacity Respondents must demonstrate that they have the business capacity to deliver the goods or services as proposed. Respondents are encouraged to describe the company’s size, structure, and commitment of resources in order to demonstrate the capacity to deliver the goods as proposed. Respondents are also encouraged to highlight the company’s past record of success in completing similar jobs in the past.

Qualities of Goods and Services Respondents must demonstrate that the goods or services proposed possess the qualities needed to meet MassDOT needs.

With respect to services, respondents are encouraged to describe their technical approach, qualifications and technical abilities of key personnel, proposed team structure, commitment of resources, and the company’s history of success completing similar jobs in the past With respect to goods, respondents are encouraged to describe in detail the good’s key capabilities, key measurements and dimensions, operating characteristics, and operational requirements or limitations.

Respondents are encouraged to highlight their qualifications and experience delivering training relevant to the categories for which they seek to be considered.

MassDOT reserves the right to require contractors who have been awarded a contract to provide additional information about their goods or services after the contract is signed in order to inform MassDOT’s process for the issuance of task orders and to ensure best value selection Price MassDOT will consider the value and reasonableness of the offered pricing, rates, fees, and other billing structure, including a stated willingness to offer additional discounts, availability of a government rate, flat fees, fee caps, and other forms of competitive pricing.

The order of these evaluation components does not denote relative importance, and MassDOT reserves the right to consider such other relevant factors as it deems appropriate in order to obtain “best value” providers of the goods and services set forth herein. MassDOT acknowledges that selecting “best value” providers requires MassDOT to weigh price and rate along with other evaluation factors.

Evaluation Process The Selection Committee will screen the proposals to determine overall responsiveness. MassDOT may disqualify proposals that are determined to be materially incomplete or non-responsive. The initial screening may include contacting references or other inquiries to verify the representations made in the proposal.

The Committee will consider each of the evaluation components listed above. The Committee will also consider the reasonableness of the Offered Rates and billing structure, including a stated willingness to offer additional discounts, availability of a government rate, flat fees, fee caps, and other forms of competitive pricing. Successful respondents must demonstrate adherence to Contracting Requirements, including but not limited to compliance MassDOT’s standard terms.

The Committee MUST be able to determine that the respondent has the experience and capability to meet the goals and the deliverables stated above. If a respondent fails to provide the information necessary to meet these requirements in their response, it may result in disqualification.

Oral Interviews and Presentations MassDOT MAY request selected Respondents to discuss their proposal and/or present some or all of their technology product and services portfolio.

MassDOT reserves the right to conduct interviews/presentations to support and clarify Respondent proposals, with some, any, or none of the Respondents. If requested, a Respondent MUST attend interviews/presentations with essential project personnel. Failure of a Respondent to complete a scheduled interview/presentation with or to MassDOT MAY result in rejection of that Respondent’s proposal. MassDOT MAY conduct site visits of Respondent and/or references’ facilities to clarify or confirm proposal information.

Final Evaluation Upon completion of any interviews/presentations, demonstrations by the Respondents, corrections, clarifications and/or reference checks requested by MassDOT to the Respondents, the MassDOT Selection Committee will review their evaluations and adjust the requirements scores based on the information obtained in the interview/presentation, demonstration, and reference checks, if any.

Best and Final Offer (BAFO) MassDOT reserves the right, in its sole discretion to engage in a Best and Final Offer (BAFO). The BAFO MUST be submitted by the due date and time identified. Upon receipt of each BAFO, the MassDOT Selection Committee will conduct a final review of Proposals.

The MassDOT Selection Committee will then determine which proposal delivers the best value against the stated criteria.

Basis of Award: Best-Value The Award will be made on a Best Value basis. MassDOT SHALL award a Contract(s) to those Respondents who are determined to be responsible, possesses the management, financial, and technical capabilities necessary to fulfill the requirements of the Contract, whose proposal conforms to the solicitation, and whose proposal is judged by an integrated assessment of the evaluation components defined in Section 5, Proposal Evaluation to be most advantageous to MassDOT, with price and other factors considered.

Respondents are advised that Award MAY be made without discussion or any further contact with the Respondents concerning proposals received except for clarifications. Therefore, Respondents’ proposals SHOULD be based on the most favorable terms the Respondent can submit to MassDOT.

RFR QUALIFICATIONS

MassDOT reserves the right to suspend, withdraw, or amend this RFR at any time, for any reason, and to reject any Proposal not submitted in conformance with the requirements of this solicitation. This RFR is not an offer, and it is not being issued by MassDOT under any statutory requirement.

Any response submitted in response to this RFR may be rejected if in MassDOT’s sole judgement it fails to meet requirements of the RFR, is incomplete, or obscure; contains additions, deletions, alterations, errors, or other irregularities; or is submitted by a vendor not experienced or capable of performing the scope of services or providing the items sought. MassDOT reserves the right to accept or reject any or all responses.

INSTRUCTIONS AND ACKNOWLEDGEMENTS SUBMISSION OF RESPONSES

All responses must be submitted electronically in COMMBUYS in accordance with Section 8 How To Submit A Bid Response RFR. Each proposal shall be prepared in such form as is set forth in Section 7.0 Instructions and Acknowledgements of Submission Of Responses.

RFR Submission Checklist MassDOT seeks to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Respondents MUST complete and submit the RFR Submission Checklist and all documents referenced in the Checklist. By submitting the RFR Submission Checklist with a response, Respondents agree to all specifications for this Solicitation, including the RFR and all the documents within all the tabs..

Cover Letter/Executive Summary Each proposal shall include a Cover Letter/Executive Summary letter not to exceed (3) three pages in length. The letter shall highlight the strengths of respondent’s organization, identifying any proposed subconsultants, and describing the approach the respondent will take to providing the goods and services sought by MassDOT. The letter SHOULD identify the category or categories of goods and services for which the respondent seeks prequalification.

The letter must state that the terms and conditions in the proposal will remain valid for at least (1) one year from the proposal due date or (1) one year from bids submitted on a rolling basis Respondents Response Form – Contractor’s Contract Manager Respondents MUST complete and submit a UASGS Respondents Response Form. Respondents must name the individual who will serve as the Contractor’s Contract Manager. The person named shall

· be responsible for proper operation and administration of the contract by the Contractor;

· act as the contact person for receipt of notice and other communications between MassDOT and the Contractor; and

· supplying information and serve as liaison between the contractor and MassDOT.

Respondents Response Form - Respondents Categories of Goods and Services Respondents MUST complete and submit a UASGS Respondents Response Form. Respondents MUST clearly indicate the category or categories for which they wish to be considered for selection, by checking the appropriate box or boxes on the form.

Respondents Response Form – Category Fit/Description of Goods and Services Respondents MUST complete and submit a UASGS Respondents Response Form. Respondents MUST provide a description sufficient to identify each good or service the respondent seeks to provide. Respondents may provide a link or information for a COMMMBUYS-compatible online catalog. If a respondent provides a COMMBUYS-compatible online catalog, that respondent will be required to maintain the catalog for the duration of the contract and must post any updates or changes to the catalog, which must be consistent with the terms of the contract.

Respondents Response Form –Demonstrated Experience Respondents MUST complete and submit a UASGS Respondents Response Form Each proposal must list years of experience in the industry and in the category for the company as a whole, as well as for all key personnel. Respondents are encouraged to highlight prior experience serving state agencies or authorities.

Respondents Response Form – Business Capacity Respondents MUST complete and submit a UASGS Respondents Response Form. Each proposal must include a description of the team structure the respondent proposes to use to deliver work in each category of goods or services, setting out the role each team member will play in delivering goods or services, and demonstrating that the Respondent has the capacity to deliver the goods and services proposed. Respondents are encouraged to describe the company’s overall size, structure, and commitment of resources. Respondents are also encouraged to highlight the company’s past record of success in completing similar jobs in the past.

MassDOT reserves the right to investigate and review the background of any or all personnel assigned to work under a contract with MassDOT and, based on such investigations, to reject the use of any person/s within MassDOT’s discretion. Any changes to personnel require formal written approval by MassDOT, and MassDOT reserves the right to terminate a task order and/or the UAS Services Agreement if it determines in its sole discretion that suitable personnel have not been assigned to perform the work.

Respondents Response Form – Qualities and Characteristics of Goods and Services Respondents MUST complete and submit a UASGS Respondents Response Form. Each proposal must include information describing the qualities of the goods and services the Respondent proposes to provide. With respect to services, respondents are encouraged to describe their technical approach, as well as the qualifications and technical abilities of key personnel. With respect to goods, respondents are encouraged to describe in detail the good’s key capabilities, key measurements and dimensions, operating characteristics, and operational requirements or limitations. Respondents are encouraged to highlight their qualifications and experience delivering training relevant to the categories for which they seek to be considered.

Respondents Response Form – Business Reference Respondents MUST complete and submit a UASGS Respondents Response Form. Each proposal must include references from at least (3) three clients of respondent who have utilized respondent on matters related to the respective categories of goods or services for which respondent seeks prequalification. The references shall include the name, address, contact person, telephone number, length of service and a description of the goods and services that the Respondent provided to the client. References SHOULD be for clients or customers to whom goods and services were provided within three (3) years prior to the RFR Response due date. MassDOT reserves the right to contact the reference if necessary Structure of Pricing, Fees, Rates, and Other Charges Each proposal shall contain a price and fee schedule and cost table containing the following information (when applicable):

(1)A schedule of prices for each good respondent proposes to provide;
(2)A detailed list of any fees or additional charges (e.g. maintenance, service, delivery, licensing etc.) related to each good respondent proposes to provide.
(3)A schedule of hourly rates to be charged by personnel identified in the qualification statement above and rate categories for additional personnel that may work on specific assignments.
(4)A list, by type and amount, of any additional fees, overhead charges, or reimbursable expenses, if any related to each service respondent proposes to provide.
(5)A detailed schedule of any escalations that will apply to prices, fees, rates, or other charges through the term and all extension periods. All prices, fees, and rates and charges must remain constant for at least one year.
(6)Discounts, if any, which are being offered from standard prices, fees, rates, or other charges.

Work performed under a task order to the UAS Goods and Services Agreement must be billed in accordance with structure of pricing, fees, rates, and other charges provided by the respondent. As a general policy, MassDOT does not pay mark-ups on reimbursables or out-of-pocket expenses, nor does MassDOT pay for word processing, secretarial overtime or meals. For travel costs, MassDOT pays the IRS rate per mile.

Cost tables must…

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