003-24.pdf

Invitation No.: 003-24 Location: Statewide Commodity: Scheduling & Dispatching Software for Transit Agencies in Ohio Multiple Award Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/003pricing.xlsx

INVITATION TO BID (ITB)

State of Ohio, Department of Transportation

Office of Contract Sales, Purchasing Services Jack Marchbanks, Ph. D., Director

Bid Submission Deadline (Bid Opening Date):

July 6, 2023, at 1:00 p.m. eastern time

Submitted by:

Company Name:

Federal Tax ID No.:

Physical/Mailing Address: Remit to Payment Address:

Street Address:

P.O. Box:

City:

St:

Zip:

Contact Person and Phone Number:

(authorized to answer questions about your company’s bid)

E-Mail Address (required):

(person who filled out bid)

E-Mail Address (required):

(for notification of future bid opportunities)

Telephone Number 800 Number Fax Number

Return Properly Marked, Complete Bid Packages To:

contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted.

VENDORS MUST SUBMIT ANY QUESTIONS, CLARIFICATIONS, OR INQUIRIES REGARDING THIS

PROCUREMENT VIA THE FOLLOWING WEBSITE:

https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx mailto:contracts.purchasing@dot.ohio.gov

Attachments to be submitted in the emailed bid response:

Completed Front Page (Separate Attachment)

Completed Signature Page (Separate Attachment)

Completed Affirmation and Disclosure form (Separate Attachment)

Completed Excel Pricing Page (Separate Attachment)

Anything Else You wish to Submit (Separate Attachments)

Send multiple emails, as needed, to complete your submission to contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted.

Zip files CANNOT be sent.

We respond to every submission. If you don’t get a response from us saying, we received your bid within a day, reach out or resubmit.

Invitation No. 003-24

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent The Ohio Department of Transportation is procuring a list of acceptable vendors offering scheduling and dispatching software for transit agencies in Ohio. This contract may be used by any transit agency or transit provider. This includes urban, rural, public, and private transit agencies.

This contract may be utilized by 100+ transit agencies/providers. ODOT expects at least 30 agencies/providers to utilize this contract. Transit agencies/providers may sign five-year contracts with the vendors or they may sign shorter contracts with the vendors or renew current contracts.

ODOT will have a pre-bid call on June 9, 2023, at 1 P.M. – 2 P.M. This will be a virtual call, meeting link.

Section 2: Contract Duration This contract will begin on October 1, 2023, and will last five years through September 30, 2028.

Section 3: Contract Type

This contract is a one-time contract that agencies/providers can utilize for the five-year contract period.

Section 4: Award Type Award will be recommended for one or multiple bidders, based on cost and technical proposal score.

Section 5: Free-On Board (F.O.B. Destination) Software and hardware should be delivered to the purchasing transit agency/provider either electronically or to their physical location.

Section 6: Delivery

All deliveries made to a transit agency/provider needs to be coordinated through the receiving transit agency/provider.

Section 7: Purchase Orders

The awarded vendor must be able to provide the awarded software through this contract and accept purchase orders throughout the entire duration of any resulting contract.

Rural transit agencies and providers (5311 and 5310)

Purchase orders will come from ODOT for 5311 and 5310 agencies/providers.

Urban transit agencies (5307)

Urban transit agencies may utilize this contract to purchase scheduling and dispatching software.

Prior to purchase, they must submit an email to ODOT requesting permission to use the contract.

After obtaining permission from ODOT they may enter into a contract with any of the qualified vendors for the length of the contract. Purchase orders will be issued to the vendor by the urban transit agencies.

Section 8: Price Adjustments Vendors need to submit costs for four transit agencies on the bid pricing sheet. These agencies vary in size and service offerings. ODOT expects to see contract costs for other transit agencies remain consistent with the original bid costs. Any cost proposals that cost significantly less or significantly more will require additional documentation and justification from the vendor. ODOT has the ultimate determination on whether a price is reasonable.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkZjVhNzItY2ViMS00MDg4LWE2M2UtMGU3ZTUwZDQ1NTZj%40thread.v2/0?context=%7b%22Tid%22%3a%2250f8fcc4-94d8-4f07-84eb-36ed57c7c8a2%22%2c%22Oid%22%3a%22500b03f4-43f1-4d96-812a-98946d80a37a%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTJkZjVhNzItY2ViMS00MDg4LWE2M2UtMGU3ZTUwZDQ1NTZj%40thread.v2/0?context=%7b%22Tid%22%3a%2250f8fcc4-94d8-4f07-84eb-36ed57c7c8a2%22%2c%22Oid%22%3a%22500b03f4-43f1-4d96-812a-98946d80a37a%22%7d

Section 9: Product Specifications

Routing experience:

• Software must be capable of dispatcher rerouting of bus (e.g., detour, other unforeseen circumstances).

• Software must allow grouping of passengers by location (e.g., dialysis center, nursing home).

• Software shall be capable of integrating service data with mapping/GIS applications.

Business experience:

• The application must be capable of capturing client data (name, accommodation status, demographics, etc.).

• The application must be capable of capturing Medicare, Medicaid, and other 3rd party payee information.

• The application must be capable of identifying and capturing trip denials, refusals, and turndowns based on FTA definitions.

• The system must be able to crosswalk and integrate with other solutions via APIs.

• The application shall provide a web interface capable of executing all dispatching/management functions.

Security requirements:

• The application must meet all cybersecurity standards and requirements as outlined by the US

Department of Homeland Security.

• The software must store all data in the United States in compliance with state/federal requirements.

• The data for the software must be retained and owned by the transit agency.

• The application must provide a solution for the in-vehicle tablets to be capable of being locked to prevent distractions.

Driver experience:

• Software must be capable of providing real-time direction routing within the app.

• Software must be able to provide ADA integration for vehicle features (annunciator, driver/passenger communication, etc.)

• Software must offer options for dispatcher-driver communication.

• Software must be capable of pre-trip inspections that are customizable by vehicle type/agency.

Passenger experience:

• Software must offer the option of mobile app to be available if a transit system selects it.

• Passenger interfaces must be ADA compliant including screen readers and TTY/TDD

• Software must offer a web interface for passengers to manage trips.

• Software must be capable of trip scheduling directly by a dispatcher.

• Software must be capable of communicating real-time tracking to the rider if a system requests a mobile app.

• Software must be able to provide automated IVR (Interactive voice response) calls to customers if a trip is late/cancelled if the system chooses this option.

Scheduling experience:

• Software must be capable of scheduling same-day trips.

• Software must be capable of auto-scheduling.

• Software must be capable of storing/searching trip history.

• Software must be capable of real-time additions/changes to scheduled trips.

Dispatcher experience:

• Software must provide vehicle tracking capabilities to dispatcher.

Financial experience:

• Software must be capable of separating financial and fare collection by category, service type, billing codes, and other categories as configured by the transit agency.

Reporting experience:

• Software must be capable of providing one-click reports that generate data required by ODOT and/or FTA.

• See Appendix A for required reports that must be included with initial software deployment.

Fixed Route-specific experience:

• Software must integrate with transfer system/fare payments from NEORide/other fare payment solutions.

• Software must provide real-time tracking for customers on fixed routes.

• Software must utilize GTFS-based route mapping for use for federal reporting/integration with

3rd party mapping applications.

Section 10: Demonstration ODOT will host transit agencies and vendors for an in-person demonstration on August 2 at

ODOT Central Office, 1980 W. Broad St. Columbus, OH 43223. The meeting will take place in the auditorium from 9:30am-2pm. Each vendor will receive data the day before the event and be asked to demonstrate their software functionality and capabilities. Each vendor will receive the same amount of time to demonstrate their software. Transit agencies and transit providers will be allowed to ask vendors questions after their allotted time for demonstration. ODOT will incorporate feedback from transit agencies and transit providers into the technical proposal score.

Section 11: Payment In this contract, vendors will receive two payments for the initial year of service. The first payment will be issued after the contract is executed and the second payment requires successful software deployment. Both the transit agency or transit provider AND ODOT will need to approve a successful deployment. ODOT expects to see a transit agency successfully and regularly use the new software for 30 days. At that point, the agency and ODOT will confer on the acceptance of the software. The second payment will be issued at that time.

PROPOSAL RESPONSE FORMAT

Section 12: Delivery of Documents

Emailed submissions for this Invitation to Bid will be received until 1:00PM eastern time on July 6, 2023, to the following email address:

contracts.purchasing@dot.ohio.gov

No proposals will be accepted after the date and time specified on this page. No hardcopy proposals will be accepted. ODOT reserves the right to reject any and all proposals. Timely receipt of proposals will be determined by the date and time the emailed proposal is received by the Office of Contracts. Receipt of proposals by any other mechanism other than email delivery to the Office of Contracts shall not be considered timely.

All materials submitted in accordance with this solicitation become the property of the State of Ohio and shall not be returned. All materials submitted in accordance with this solicitation shall remain confidential until Successful Proposer(s) are selected after Round 2 at which time all submitted information becomes part of the public record.

Section 13: Inquires

Pre-proposal questions must be received no later than the close of business the Thursday prior to the scheduled opening date. An addendum being issued is dependent upon the information received and the impact on the competitive bidding process.

All pre-proposal inquiries must have the following: Name of the Sender, Contractor or Company Name, Phone Number, Project Number, Letting Date, a detailed description of the question.

Proposers are NOT to contact any other ODOT office, including District offices, for responses to pre-bid questions.

Department responses will be posted to the following website:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc

Proposal Inquiries may be submitted at this link:

Based upon the content of any received questions/clarifications, proposal requirements may, solely at the discretion of ODOT, be modified, changed or deleted. Any such changes to this ITB will be communicated by addendum and published to the ODOT website at the following URL:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/RFP.a spx

Section 14: Proposal Response

The ITB response must contain information on how the Vendor intends to meet the specs outlined in Section 9. Omission of required information may render a Vendor ineligible, and incomplete responses may result in the loss of points. The selected Vendor will become the Vendor of record with ODOT.

Vendors must submit a response for the following areas:

A. Management and Organization Support B. Product Specifications and Experience C. DBE Participation Plan D. Cost Proposal (submitted SEPARATELY ATTACHMENT) E. Completed Front Page F. Completed Signature Page G. Completed and signed required FTA Federal Clauses

Section 15: Management and Organization Support

Submit no more than five (5) resumes of individuals who will be assigned to the proposed contract, including the contract manager. List each individual’s qualifications, familiarity with the product, and experience in deploying software at transit agencies. This applies to the proposing firm and to any firms participating in the team or subcontractors. Include a table of organization identifying participating personnel.

Section 16: Product Specifications and Experience

Proposers must complete the proposal and address their qualifications for completing the Product Specifications. An appropriate response to this section will include a description of product offerings, functions, with a focus on how they meet the Product Specifications outlined in Section 9.

Please include a listing of other transit agencies currently using the software you are proposing for this contract. For proposed staff to assist with implementation and deployment, please provide names of specific employees proposed to perform work, and an indication of the firm’s and employee’s availability to assist with software deployment. Please also explain the firm’s http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/RFP.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/RFP.aspx experience in assisting with software deployment, including a typical timeline of software deployment, training, and overall implementation.

Section 17: DBE Participation Plan

Although this procurement has no DBE contract goal, and thus has no minimum requirement for DBE participation, the Proposer must include a DBE Participation Plan documenting any proposed race-neutral DBE participation. Eligible DBEs are those certified by the Ohio Unified Certification Program and listed in the Ohio Unified DBE Directory (https://www.dot.state.oh.us/Divisions/ODI/SDBE/Pages/DBE-Directory.aspx). The DBE Participation Plan must include one or more of the three items listed below, as applicable:

• Listing of DBE subvendors including their names, their roles and responsibilities, their applicable NAICS code(s), and expected subcontract amounts

• A declaration that the proposer is a DBE and that the proposer is certified in applicable NAICS code(s) (specify)

• A declaration that the proposer expects no DBE participation on this contract

Section 18: Cost Proposal

The Proposer shall submit a SEPARATE Cost Proposal in the emailed response. Any proposal in which this Cost Proposal is not included will be considered non-responsive and the proposal will be rejected. The Proposer’s completed Cost Proposal shall become a part of the contract upon award of the contract.

ODOT has provided service information on four transit agencies in Appendix B. Agencies must submit prices for each agency and complete the entire cost proposal, including travel and direct expenses to support deployment. There is space for vendors to add costs for optional items. If vendors plan to offer these items as a part of the contract they must provide a price. The evaluation of the cost proposals will not consider the availability nor the cost of the options. Instead, the cost evaluation will focus on products necessary for software deployment and operations. There is a unit column in the cost proposal, if any of the vendors costs have an applicable unit cost that will be scaled for transit agencies purchasing from this contract, they need to provide the unit cost and the expected number of units. If any agency doesn’t require any of the items listed they may leave the unit cost, units, and total cost column blank. An example of this is if a vendor doesn’t require any hardware for their software, they may leave that row blank under unit cost, units, and total cost.

If a vendor is currently providing this software for one of the agencies listed in the cost proposal, they should provide a cost estimate as if they are not currently providing this software for the agency.

If an agency wants to offer additional software or hardware as part of this contract beyond the optional items listed in the cost proposal, they may do so by adding lines to the cost proposal and detailing the items they plan to offer. Any items not included in the cost proposal, may not be offered through this contract, unless the vendor receives prior approval from ODOT.

The Cost Proposal shall be submitted in the Excel format. As a separate attachment from the proposal.

Section 19: Signature Page

A Signature Page must be included with a proposer’s response to this ITB. Submitted proposals not containing a signed signature page may be rejected and deemed non-responsive.

Section 20: Signed FTA Required Federal Clauses

The proposer shall submit the included signed FTA federal clauses – ‘Certifications and Restrictions of Lobbying’ and ‘Government-Wide Debarment and Suspension’ Submitted proposals not containing a signed signature page may be rejected and deemed non-responsive.

https://www.dot.state.oh.us/Divisions/ODI/SDBE/Pages/DBE-Directory.aspx

Section 21: Forms, Certifications and Assurances All proposers must complete, sign and submit the following enclosed exhibits with their proposal:

• Exhibit A - Affirmative Action Affidavit

• Exhibit B - Non-Collusion Affidavit

• Exhibit C - Debarment & Suspension Certification

• Exhibit D – Certification of Restrictions on Lobbying

• Exhibit E – Signed FTA Clauses

PROPOSER INSTRUCTIONS

Section 22: Proposal Due Date

One (1) original proposal with all the required elements must be received electronically by ODOT by 1:00 p.m. EDT on July 6, 2023.

Any proposals received after the deadline will not be considered and will be unopened.

Section 23: Commitment to Perform Proposal Services

The proposal must be signed by a duly authorized official of the proposer’s firm, or if a joint venture, by an official from each participating firm.

Section 24: Contract Type

ODOT will award a cost reimbursement contract. ODOT and the successful proposer(s) will negotiate the costs for each transit agency. However, under no circumstance will the unit costs for direct labor, the percent of allowances for overhead and general administration, or the profit exceed the amounts or rates agreed upon prior to entering the contract.

Section 25: Travel

While not requested as a part of the information submitted, all travel costs are limited by the rates allowed under the applicable ODOT travel directives in place at the time travel is undertaken. The Office of Budget and Management (OBM) sets the mileage reimbursement rate for contractors with state agencies to utilize at the following location: https://obm.ohio.gov/wps/portal/gov/obm/areas-of-interest/agency-overview/obm-travel-rule/obm-travel-rule. This contract will utilize the rate set by OBM as amended quarterly throughout the state fiscal year.

Section 26: Contract Award

Any proposed contract negotiated between ODOT and the successful proposer as a result of this ITB is subject to approval of the ODOT Governance Board. Without ODOT Governance Board approval, the contract will be invalid and unenforceable.

PROPOSAL TERMS AND CONDITIONS

Section 27: Project Completion

The duration of this contract will be five years starting October 1, 2023 and ending September 30, 2028. Individual purchase orders will be issued for each transit agency/provider.

Section 28: Reserved Rights

During the solicitation process, ODOT reserves the following rights:

To reject any or all proposals, to postpone contractor selection and to resolicit or cancel this procurement if deemed to be in the best interest of the State of Ohio.

To request additional information from any and all proposers.

To subject the execution of any contract or task order to the availability of funds and negotiation of agreeable terms with the successful proposer.

To enter into a contract with any proposer based upon the proposer’s initial offer.

https://obm.ohio.gov/wps/portal/gov/obm/areas-of-interest/agency-overview/obm-travel-rule/obm-travel-rule https://obm.ohio.gov/wps/portal/gov/obm/areas-of-interest/agency-overview/obm-travel-rule/obm-travel-rule

To waive liability for reimbursement of any costs incurred by proposers responding to this

ITB.

Section 29: Rejection of Proposals

ODOT will reject any proposal for the following reasons:

Proposer fails to sign the required forms, certifications and assurances Proposer includes exceptions to the services described under Scope of Services.

Proposal is received after the deadline.

Proposer provides less than sixty (60) days for acceptance.

Proposer fails to complete the cost proposal Proposer fails to demonstrate their software at the August 2 meeting

REQUIRED CONTRACT CLAUSES

Any contract awarded as a result of this solicitation will incorporate the clauses of the standard ODOT contract as well as specific clauses required by FTA. The required FTA clauses and certifications (Exhibit A through Exhibit E) are included. If selected, the proposer must execute the contract and each of the appropriate exhibits prior to ODOT’s execution.

EVALUATION AND SELECTION PROCESS

Section 30: Review of bids

ODOT will review bids and select up to five vendors. Vendors must demonstrate that their product meets the product specifications and they must successfully demonstrate their software. Selection will be based on meeting the product specifications, software demonstration, and lowest cost.

FEDERAL CLAUSES

Section 31: ACCESS TO RECORDS AND REPORTS

Record Retention. The Contractor will retain and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third-party Contracts of any type, and supporting materials related to those records.

Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts, and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract in accordance with 2 CFR § 200.337.

Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

AMERICANS WITH DISABILITIES ACT(ADA)

The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C.

§§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

BUY AMERICA REQUIREMENTS

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR §

200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.

Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 11758, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).

Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domestic preferences for procurements

The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. For more information please see the FTA’s Buy America webpage at:

https://www.transit.dot.gov/buyamerica

RESTRICTIONS ON LOBBYING

Conditions on use of funds.

No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section.

Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency disclosure form if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds.

Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.

Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form if that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.

Certification and disclosure

(a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for:

(1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or https://www.transit.dot.gov/buyamerica

(2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.

(b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of:

A Federal contract, grant, or cooperative agreement exceeding $100,000; or A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000, Unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section.

(c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section. An event that materially affects the accuracy of the information reported includes:

A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

(d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this section:

A subcontract exceeding $100,000 at any tier under a Federal contract; A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant; A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or, A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement, shall file a certification, and a disclosure form, if required, to the next tier above.

All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraphs (a) or (b) of this section. That person shall forward all disclosure forms to the agency.

Any certification or disclosure form filed under paragraph (e) of this section shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared by any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U.S. Code.

For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, covering activities occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days.

No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C.

CARGO PREFERENCE REQUIREMENTS

The contractor agrees:

to use privately owned United StatesFlag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United StatesFlag commercial vessels; to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "onboard" commercial ocean billoflading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA Recipient (through the contractor in the case of a subcontractor's billoflading.); and to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

CIVIL RIGHTS LAWS AND REGULATIONS

The following Federal Civil Rights laws and regulations apply to all contracts.

1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45

C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals aged 40 and over on the basis of age.

Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity).

Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621634, U.S.

Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C.

§ 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.

4.Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

5.Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 74017671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 12511387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:

Clean Air Act The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Federal Water Pollution Control Act The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”

CONFORMANCE WITH ITS NATIONAL ARCHITECTURE

Intelligent Transportation Systems (ITS) projects shall conform to the National ITS Architecture and standards pursuant to 23 CFR § 940. Conformance with the National ITS Architecture is interpreted to mean the use of the National ITS Architecture to develop a regional ITS architecture in support of integration and the subsequent adherence of all ITS projects to that regional ITS architecture.

Development of the regional ITS architecture should be consistent with the transportation planning process for Statewide and Metropolitan Transportation Planning (49 CFR Part 613 and 621).

DEBARMENT AND SUSPENSION

The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:

Debarred from participation in any federally assisted Award; Suspended from participation in any federally assisted Award; Proposed for debarment from participation in any federally assisted Award; Declared ineligible to participate in any federally assisted Award; Voluntarily excluded from participation in any federally assisted Award; or Disqualified from participation in any federally assisted Award.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

(Does not apply to projects fully funded by the Tribal Transportation Program (TTP).)

It is the policy of the Agency and the United States Department of Transportation ("DOT") that Disadvantaged Business Enterprises ("DBE’s"), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOTassisted contracts.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOTassisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:

Withholding monthly progress payments; Assessing sanctions; Liquidated damages; and/or Disqualifying the contractor from future bidding as nonresponsible. 49 C.F.R. § 26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, each FTA Recipient must include in each prime contract a provision stating that the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).

ENERGY CONSERVATION

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).

EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the contractor agrees as follows:

The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The contractor will include the provisions of paragraphs (1) through (8) in every subcontract…