PROPOSAL EVALUATION WORKSHEET (CONSENSUS) EVALUATION FACTOR: SAFETY (RATED) Safety Evaluation Team - Consensus

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1 Evaluation Team - Consensus PROPOSER: Keolis DATE: September 4,2013 OVERALL RATING: Good NARRATIVE SUMMARY: The Proposer's approach exceeds the stated criteria, with little risk of failure, and weaknesses are very minor. The general consensus agrees that the following strengths and weaknesses are noted as follows: Strengths: 1. The Proposer will utilize Arthur D. Little (ADL), an internationally recognized consulting firm, in system safety strategic, management, and organizational program planning, development, training, and implementation. 2. The inclusion of ADL will provide an additional layer of management to enhance the Department and will expand the internal oversight, consistency, and accountability of the System Program Plan. 3. Extensive experience and access to international best practices, lessons learned, and problem solving from the Proposer's other operations in the United States, France, England, Germany, and Australia. 4. The Proposer describes an extensive leadership, management, and employee training program, to ensure competency and consistency. Training is tied to its goals and objectives with clear measures of accountability. Among other things, training will focus on the SSPP, policies, skills development, hazard awareness, accident/incident investigation, safety inspections/audits, etc. ADL will be used extensively to assist the development of focused training specific to the Commuter Rail operating environment and other specially designed training modules. 5. The Proposer's General Policy and System Program Plan follow advanced safety processes referred to as Management Systems (SMS). This envisions and exceeds FRA 49 CFR 270 Proposed Rule and MAP-21. The Proposer has considerable experience with SMS, which includes such components as safety leadership, performance, policy, risk management, assurance, and promotion; through management, labor-management, and Proposer- committee coordination. 6. The Proposer describes a safety management team comprising six safety professionals and the proposed candidate for Director, Justin Vonashek, a highly experienced safety executive presently working for Metra in Chicago. Mr. Vonashek has a strong background in system safety, regulatory safety compliance, and commuter rail safety. 1 Proposal Evaluation Worksheet

2 7. The Proposer provides excellent examples of safety processes, initiatives, and documents. The Proposal includes a comprehensive awareness of FRA regulations, initiatives, and industry best practices, including an international base from which it can draw. 8. The Proposer demonstrates an exceptional overview of its safety plan to perform oversight and ensure regulatory compliance, with not only existing regulations, but in anticipation of 49 CFR 270 & 272, other regulations, and MAP-21. This will be accomplished by an effective array of safety committees and working groups, from the highest echelons of management to the employee level, with clear lines of authority, accountability, expectation, and performance. This includes stringent audits, reviews, observation & testing, and inspections, which exceeds existing and anticipated regulatory expectations. The Proposal states that it will perform annual audits of all safety plan elements, and will perform twice yearly safety audits of the safety critical elements of the plan. These audits will include outside consultants from ADL, commuter safety, senior management, and key personnel from management and. 9. The Proposer clearly outlines a highly functional hazard assessment prioritization tool to promptly and efficiently address safety hazards, risks, post-accident concerns, near miss incidents, safety advisories, and NTSB recommendations. Observation: 1. While the Proposal represents an exceptional overview and description of its comprehensive Management System (SMS), the only concern is that the Proposer has a disadvantage in that it is new to the system, which could create a longer implementation framework. However, its implementation strategy appears to address this concern by utilizing a strong management team and a highly recognized organizational consultant. Objective: 2 Proposal Evaluation Worksheet

3 The following are the objectives for the evaluation factor: Massachusetts Bay Transportation Authority 1) To ensure that Proposers have a sufficient plan to successfully integrate safety into all management, training and work plans; 2) To ensure that Proposers have a plan to handle safety incidents and to develop accident reduction plans in partnership with the, regulatory authorities and municipalities; and 3) To ensure that Proposers have a plan and processes designed to ensure full compliance with all applicable laws, rules and regulations throughout their performance. Evaluation Criteria: The Proposer has demonstrated its plan to successfully integrate safety into all management, training and work plans, and has designed safety plans and processes in full compliance with all applicable laws, rules and regulations. The Proposer has identified a plan to handle safety incidents and develop accident reduction plans in partnership with the, regulatory authorities and municipalities. Instructions: Evaluators must rate each requirement outlined in the table below as one of the following: (i) Exceptional; (ii) Good; (iii) Acceptable; (iv) Potential to Become Acceptable; or (v) Unacceptable. Please note the following explanations when rating each requirement: 1) A rating of Exceptional is appropriate when the Proposer has demonstrated an approach that is considered to significantly exceed stated criteria in a way that is beneficial to the. This rating indicates a consistently outstanding level of quality, with very little or no risk that this Proposer would fail to meet the requirements of the solicitation. There are no weaknesses. 2) A rating of Good is appropriate when the Proposer has demonstrated an approach that is considered to exceed stated criteria. This rating indicates a generally better than acceptable quality, with little risk that this Proposer would fail to meet 3 Proposal Evaluation Worksheet

4 the requirements of the solicitation. Weaknesses, if any, are very minor. Correction of the weaknesses would not be necessary before the Proposal would be considered further. 3) A rating of Acceptable is appropriate if the Proposer has demonstrated an approach that is considered to meet the stated criteria. This rating indicates an acceptable level of quality. The Proposal demonstrates a reasonable probability of success. Weaknesses exist but can be readily corrected through requests for Clarification or Communications. 4) A rating of Potential to Become Acceptable is appropriate if the Proposer has demonstrated an approach that fails to meet stated criteria as there are weaknesses, but they are susceptible to correction through Discussions. The response is considered marginal in terms of the basic content and/or amount of information provided for evaluation, but overall the Proposer is capable of providing an acceptable or better Proposal. 5) A rating of Unacceptable is appropriate if the Proposer has demonstrated an approach that indicates significant weaknesses and/or unacceptable quality. The Proposal fails to meet the stated criteria and/or lacks essential information and is conflicting and/or unproductive. There is no reasonable likelihood of success; weaknesses are so major and/or extensive that a major revision to the Proposal would be necessary. Ratings for each requirement must be recorded in the associated Rating column, and a detailed explanation of why a particular rating was given to a requirement must be recorded in the associated Comments/Justification for Rating column. The column identifies relevant sections of (Operations and Management Proposal Instructions) to the Instructions to Proposers. 4 Proposal Evaluation Worksheet

5 1. B3.2(A) The Proposer shall prepare a draft Plan applicable to its performance of the Contract. The draft Plan shall include, but not be limited to, training, performance of regular safety inspections, correction of safety problems that are identified, establishment of a formal written emergency response plan, preparation of an annual safety review report and compliance with FRA reporting requirements. The Proposer shall also indicate how it proposes to comply with applicable provisions of the 's System Plan and FRA rules and regulations, as well as the safety-related provisions of the Contract including, but not limited to, all safety details contained in the Operating Agreement at Schedule 3.5 ( and Security). The Proposer shall include a description of any joint management/labor safety programs it intends to implement in conjunction with performing the Contract. Rating Good Comments/Justification for Rating The Proposer exceeds the stated requirements of B3.2(A) as follows: The Proposer's General Policy and System Program Plan follow advanced processes known as Management Systems (SMS) that exceed B3.2(A), FRA 49 CFR 270, and MAP-21. The Proposer's overall training, inspection, hazard identification & assessment tools, corrective action, annual audit/review processes, and other safety initiatives are exceptionally detailed and exceed, FRA, and MAP-21 requirements. The Proposer's General Policy, SSPP, and individual safety plans provide an excellent example of system safety, envisioned by SMS,, FRA regulations, and MAP-21. In support of the Plan and as an added emphasis to promote awareness to the safety culture and employee responsibility, the Proposer is committed to at least 20 Committees (pg.2-16). For example: General Committee - Pres. Keolis - GMs & Proposal Evaluation Worksheet

6 Massachusetts Bay Transportation Authority Rating Comments/Justification for Rating Directors from all properties - meet twice a year Joint Labor/Management - Meet at appropriate frequencies Each Maintenance Facility & Crew Location - Meet one hour per week Terminals; North & South Station - Meet monthly Departmental - Meet weekly Senior Committee - GM- Director of & Security - Department Heads & one Senior Union Official Strengths: 1. Significant awareness of FRA requirements and a separately dedicated FRA Compliance Officer within the Department. 2. Use of Arthur D. Little, a highly respected consultant, to develop focused training for addressing the circumstances of the commuter rail operating environment. 3. Significant and extensive training for managers, following the development of specially designed training modules by Arthur D. Little. 4. Establishment of a clear chain of accountability for all employees. 5. Extensive labor/management safety groups for each facility/crew location. 6. Detailed presentation of specific Proposal Evaluation Worksheet

7 Massachusetts Bay Transportation Authority Rating Comments/Justification for Rating Company General Policies, with multiple examples of policies and checklists in the Appendices. 7. The development of Management Systems (SMS) within its safety program plan. 8. Extensive experience with SMS. 9. A safety team consisting of a highly qualified and successful Director with a strong track record and understanding of FRA compliance. 10. Utilization of a six-member safety team and a part-time security employee to coordinate safety, security, and emergency preparedness elements. 11. Utilization of Arthur D. Little as a leadership and safety consultant to facilitate programs and processes to improve safety, reduce injuries, and transform safety culture. 12. A comprehensive and stringent audit/review process, including higher frequency audits for safety critical elements. 13. Proficiencies in the areas of fatigue, Hours of Service, and 49 CFR 217, Tests and Observations, strongly complement the Proposer's exceptional plan. 14. Training will be done immediately upon Proposal Evaluation Worksheet

8 Massachusetts Bay Transportation Authority Rating Comments/Justification for Rating assuming the operation, to ensure that existing managers are given training plans focused on goals and objectives for which they will be held accountable. 15. Managers will be trained in a Skills Development program that will focus on specific aspects of safety such as: hazard awareness, accident/incident investigation, safety inspections & audits, etc. 16. Proposer goes beyond the basic expectation that all employees share in safety, by requiring every employee to develop their own individual and personal & Security Plan. 17. With regard to regulation inspections/audits and annual safety reviews, the Proposer outlines a plan that significantly exceeds the criteria. For example, the General Committee will meet twice a year. This committee will determine the objectives of the Annual Audit (on ) and the manner in which the audit will be conducted. This process should enhance the audit by removing local biases and subjectivity and producing the most accurate results. Additional audits to supplement and/or support the Annual Review will also be Proposal Evaluation Worksheet

9 Rating Comments/Justification for Rating carried out on each manager to ensure they are fully conversant with legal, regulatory, and/or contractual requirements. 18. Most prominent in the Proposer's plan is their recognition, awareness, and commitment to monitor and record compliance with FRA regulations. 19. A dedicated position of FRA Compliance Officer to specifically identify regulations throughout their plan by "Part" number and subject. 20. The Proposer is committed to at least two dedicated audits per year on the critical regulations for Locomotive and Conductor licensing, Tests and Observations on Operating Practices, and Drug & Alcohol testing. 21. The Proposer specifically recognizes and is prepared to address new 49 CFR 270, which will require increased training in Control Centers, new emphasis on hazard identification, and improved training standards for railroad employees. 2. B3.2(B) The Proposer shall: (i) identify those portions of the information that it provided in response to B3.2(A) of that it considers to be innovative, best practice, beneficial to Customers and/or cost Good The Proposer offers a number of innovations, best practices, customer benefits, and cost efficiencies which it draws from its large international presence in transit and railroad operations, and Proposal Evaluation Worksheet

10 efficient, and (ii) submit information supporting or otherwise validating its position that said portions are innovative, best practice, beneficial to Customers and/or cost efficient. Rating Comments/Justification for Rating which exceeds B3.2(B). Strengths: 1. Proposer gives a very good outline of its best practices, and also lists areas of innovation and efficiency. 2. Management System and safety program plan. 3. Strong safety management team, with highly qualified director. 4. Extensive access to international best practices, lessons learned, and problem solving. 5. Use of highly qualified consulting firm, ADL. 6. Cost efficiencies in injury reductions and improved emergency preparedness. 7. Extensive oversight and compliance with enumerated FRA Regulations. # vl 10 Proposal Evaluation Worksheet

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