1-P-2089620 - Workers Comp Admin Program Svcs RFP File.pdf

Form 33.201 (01/18) Page 1 of 2

DALLAS AREA RAPID TRANSIT

SOLICITATION, OFFER AND AWARD FORM

SOLICITATION INFORMATION

Request for Proposal (RFP)

1. SOLICITATION NO.: P-2089620 4. BRIEF DESCRIPTION:

2. ISSUE DATE: July 25, 2025

Workers’ Compensation Admin Program Services

3. FOR INFORMATION CONTACT: (No collect calls) NAME: Coquice Logan

TELEPHONE: (214) 749-2677 FAX: (214) 749-3466

E-MAIL: clogan@dart.org

5. PRE-BID/PROPOSAL CONFERENCE: **** There WILL be a conference. **** (If a conference is scheduled, see the applicable clause in Exhibit C for more information.)

Web Address: Join the meeting now Meeting ID: 260 595 322 599 1 Passcode: rW7t5SA2 +1 469-676-0717, 863392134# United States, Dallas Phone conference ID: 863 392 134#

DATE: August 7, 2025 TIME: 10:00 A.M. Central Time (Local Dallas)

6. SUBMIT OFFER TO: 7. OFFER SUBMISSION DUE DATE AND TIME:

https://dart.bonfirehub.com/

Reference No./RFP No. 2089620

DATE: August 19, 2025 TIME: 2:00 P.M. Central Time (Local Dallas)

8. SUBMIT WITH OFFER: SEE BLOCK 22. QUESTIONS SHOULD BE SUBMITTED @ HTTPS://DART.BONFIREHUB.COM/

9. Offers submitted in response to an IFB will be opened publicly immediately after the submission due date and time.

Offers submitted in response to an RFP will NOT be publicly opened.

10. FIRM OFFER PERIOD: Offers submitted shall remain firm for a period of 180 calendar days from the date specified in Block 7.

11. This solicitation and any resulting contract, respectively, consist of this DART Form 33.201 and the exhibits and documents designated with a symbol on Page 2 of this form. NOTE: For Invitation for Bids, “offer” and “offeror” mean “bid” and “bidder”.

OFFER

(To be completed by Offeror)

CAUTION: A false statement in any offer (bid or proposal) submitted to DART may be a criminal offense in violation of Section 37.10 of the Texas Penal Code.

12. DISCOUNT FOR PROMPT PAYMENT: _____%, _____ Calendar Days (Invoice/Payment terms are set forth in Exhibit D)

13. In compliance with the above, the undersigned agrees, if this offer is accepted within the period specified in Block 10, above, to furnish any or all items, or provide the service(s), upon which prices are offered in the Schedule at the price set opposite each item or service, and to deliver the item(s) and or perform the service(s) at the designated location(s) within the time specified.

14. OFFEROR'S NAME, ADDRESS, and DART VENDOR NO.: (Type or Print)

15. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN THE OFFER: (Type or Print)

TELEPHONE:

CELL PHONE:

E-MAIL:

FAX:

16. OFFEROR'S SIGNATURE & DATE:

AWARD

(To be completed by DART)

17. D/M/WBE: The D/M/WBE participation for this contract is as follows based on: Percentage of the total contract amount, or Other ______________________________

% DBE % MBE % WBE % MBE/WBE

18. ACCEPTED AS TO: 19. TOTAL AMOUNT OF AWARD: 20. CONTRACT NUMBER:

21. CONTRACTING OFFICER’S SIGNATURE & DATE OF AWARD:

Name:

Signature: ____________________________________

Date: ____/____/____ mailto:clogan@dart.org https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTgwMzlhZmYtZWFkNy00OTAyLThhYzgtMjY5NjFiMzUxMzgy%40thread.v2/0?context=%7b%22Tid%22%3a%224bdf4200-8d79-408b-940d-bdc4a1c9bfaa%22%2c%22Oid%22%3a%223303833e-fb03-4adf-b163-82b6aa80efad%22%7d tel:+14696760717,,863392134 https://dart.bonfirehub.com/

Form 33.201 (01/18) Page 2 of 2

SOLICITATION, OFFER AND AWARD FORM

See Exhibits B & C for offer preparation and submission instructions.

22. CONTENTS:

NAME FORM DESCRIPTION FORM NO. SUBMIT WITH

OFFER?

Cover Sheet Solicitation, Offer and Award Form 33.201 YES

Price Schedule Price Schedule – Complete through Bonfire Pricing Sheet 33.202A YES Exhibit A Representations and Certifications 33.204 YES Exhibit B Special Solicitation Instructions and Conditions 33.B Attachment 1 Schedule of Subcontractor(s)/Subconsultant(s) None YES Exhibit C Solicitation Instructions and Conditions 33.205L Exhibit D Special Provisions 33.D Exhibit F General Provisions 33.401 Exhibit G DBE, SBC, or MBE and WBE Program 33.213 Attachment 1 Intent to Perform as a Subcontractor None YES Attachment 2 Sample Vendor Payment Report None Exhibit H Statement of Work 33.H Exhibit L Business Questionnaire 33.253 YES

Exhibit V Employee Information Report 33.254 YES

23. SUBMIT THE BELOW ITEM(S) WITH OFFER, IN ADDITION TO THE ABOVE IDENTIFIED SUBMITTALS:

DESCRIPTION

TECHNICAL PROPOSAL (ACCEPTED AS IDENTIFIED IN BLOCK 18) YES

24. ACKNOWLEDGMENT OF AMENDMENTS: AMENDMENT # DATE AMENDMENT # DATE

Offeror acknowledges receipt of the following amendment(s) to the solicitation:

(Identify amendment number and date of each.)

Solicitation No. P-2089620

Form 33.204 (5/22) Page 1 of 8 Exhibit A

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT A

REPRESENTATIONS AND CERTIFICATIONS

(LOCALLY FUNDED SUPPLY/SERVICE/CONSTRUCTION CONTRACTS)

** NOTE: THIS FORM MUST BE COMPLETED AND RETURNED WITH THE OFFER **

TABLE OF CONTENTS

REPRESENTATIONS

1. Contingent Fee (A-103, AUG 02)

2. Covenant Against Gratuities (A-105, JAN 94)

3. Interest of Public Officials (A-104, MAY 04)

4. Minority and Woman-Owned Business Enterprises (M/WBE) (A-121, JUL 01)

5. Parent Company and Identifying Data (A-108, JAN 05)

6. Type of Business (A-101, DEC 04)

CERTIFICATIONS

7. Certificate Concerning Board Members and Employees of the Authority (A-116, MAY 22)

8. Certification of Independent Price Determination (A-109, JAN 94)

9. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (A-126, NOV 12)

10. Communication Policy and Certification (A-129, FEB 19)

11. Conflict of Interest Certification and List of Active Contracts (A-117, June 22)

12. Drug-Free Workplace Program Certification (A-125, JAN 05)

13. Minority and Woman-Owned Business Enterprise Goals (A-123, APR 04)

14. Non-Discrimination Assurance (A-130, JAN 05)

15. Contractor Certification Regarding Boycotting Israel (A-131, DEC 18)

16. Contractor Certification Regarding Discrimination Against Firearm Entity or Firearm Trade Association

17. Contractor Certification Regarding Boycotting Certain Energy Companies

REPRESENTATIONS

1. Contingent Fee (A-103, AUG 02)

Except for full-time bona fide employees working solely for the offeror, the offeror represents as part of its offer that it (Mark one with an "X"):

has has not employed or retained any company or persons to solicit or obtain this contract, and (Mark one with an "X"):

has has not paid or agreed to pay any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

2. Covenant Against Gratuities (A-105, JAN 94)

The offeror represents as part of its offer that neither it nor any of its employees, representatives or agents have offered or given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer, or employee of the Authority with the view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract. See the General Provisions Clause entitled "Interest of Public Officials."

3. Interest of Public Officials (A-104, MAY 04)

The offeror represents and warrants that no employee, official, or member of the Board (Executive Committee) of the Authority is or will be pecuniarily interested in or benefited directly or indirectly as a result of this contract.

Form 33.204 (5/22) Page 2 of 8 Exhibit A

4. Minority and Woman-Owned Business Enterprises (M/WBE) (A-121, JUL 01)

The offeror represents as part of its offer that it (Mark one with an "X"):

is is not a minority-owned business enterprise (MBE). An "MBE" is defined as "a small business concern which is at least 51 percent owned by one or more minority individuals, or in case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority individuals and whose management and daily business operations are controlled by one or more of the minority individuals who own it." For purposes of this definition, minority individuals include Black Americans, Hispanic Americans, Asian-Pacific Americans, Asian-Indian Americans, and Native Americans.

The offeror represents as part of its offer that it (Mark one with an "X"):

is is not a woman-owned business enterprise (WBE). A "WBE" is defined as "a small business concern which is at least 51 percent owned by women, or in case of any publicly owned business, at least 51 percent of the stock of which is owned by women and whose management and daily business operations are controlled by one or more of the women who own it."

5. Parent Company and Identifying Data (A-108, JAN 05)

The offeror represents as part of its offer that it (Mark one with an "X"):

is is not owned or controlled by a parent company. A parent company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the offeror. To own the offering company means that the parent company must own more than 50 percent of the voting rights in that company. A company may control an offeror as a parent even though not meeting the requirements for such ownership if the company is able to formulate, determine, or veto basic policy decisions of the offeror through the use of dominant minority voting rights, use of proxy voting, or otherwise.

If the offeror is not owned or controlled by a parent company, it shall insert its own Employer's Identification Number below:

If the offeror is owned or controlled by a parent company, it shall enter in the blocks below the name and main office address of the parent company, and the parent company's Employer's Identification Number.

NAME OF PARENT COMPANY AND MAIN OFFICE ADDRESS

(include ZIP and phone): PARENT COMPANY'S EMPLOYER'S IDENTIFICATION #:

Form 33.204 (5/22) Page 3 of 8 Exhibit A

6. Type of Business (A-101, DEC 04)

The offeror represents as part of its offer that it operates as (Mark one with an "X"):

an individual a sole proprietorship a partnership a corporation another entity ________________________.

If incorporated, under the laws of the State of:

Age of the firm: ____ years, ____ months

Previous year’s annual gross receipts:

less than $500K $500K - $2 mil. $2 mil. - $5 mil. more than $5 mil.

CERTIFICATIONS

7. Certificate Concerning Board Members and Employees of the Authority (A-116, MAY 22)

The Dallas Area Rapid Transit Authority (DART) has adopted Rules of Procedure for DART Board members and DART personnel policies for employees that prohibit their participation in contractual or employment relationships for certain periods after their relationship with DART ends. These prohibitions may be found in Board Resolution No. 190033, approved March 12, 2019, and the relevant DART personnel policy, respectively. These restrictions also apply to the spouses of former Board members and former employees.

For former Board members, the prohibition is for a period of two years following the end of the member's term or the date of his/her resignation and applies to participation as a principal in a DART contract or first-tier subcontract, or as an employee of a DART contractor or first-tier subcontractor. For former DART employees, the prohibition is for one year after leaving DART, and relates to participation in any contract or employment relationship that results in an assignment to work on any DART project for which the employee had significant responsibilities. (A copy of Board Resolution No.

190033 and the relevant DART personnel policy may be obtained from the DART Contracting Officer.)

The Board of Directors may waive the above prohibitions, by a two-thirds vote, for a particular person and/or relationship if it determines that it is in the best interest of DART to do so.

By submission of this offer the offeror hereby certifies that, to the best of his/her knowledge and belief, with the exception of any information described in this certification or attached hereto, the offeror has no information concerning a violation or possible violation of the DART Board Rules of Procedures as established in Resolution No.

190033, approved March 12, 2019, or the above DART personnel policy for former employees, which would result if the Authority awards a contract based upon this offer.

Violations or possible violations. (Continue on plain bond paper and label Certificate Concerning Former Board Member and Employees of the Dallas Area Rapid Transit Authority, Continuation Sheet.) CHECK "NONE" IF NONE

EXISTS.

NONE

(Please make entry in this space if applicable)

VIOLATIONS OR POSSIBLE VIOLATIONS:

Form 33.204 (5/22) Page 4 of 8 Exhibit A

This certification concerns a material representation of fact upon which reliance will be placed in awarding a contract. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to any other remedies the Authority may have, the Contracting Officer may terminate the contract resulting from this solicitation for default and/or recommend that the offeror be debarred or suspended from doing business with the Authority in the future in accordance with the procedures set forth in the DART Procurement Regulations.

The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, he/she learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The offeror further agrees by submitting this offer that it will include this Certificate, without modification, in all first-tier subcontracts. The offeror shall be responsible for compliance by any first-tier subcontractor with the provisions set forth in this Certificate.

8. Certification of Independent Price Determination (A-109, JAN 94)

By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to the opening (in the case of an advertised procurement) or prior to award (in the case of a negotiated procurement), directly or indirectly to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition.

Each person signing this offer certifies that:

(1) He is the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above; or

(2) He: (i) is not the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as an agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent does hereby so certify; and (ii) has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above.

9. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (A-126, NOV 12)

Primary Covered Transactions. [This certification applies to the offer submitted in response to this solicitation and will be a continuing requirement throughout the term of the prime contract.]

(1) In accordance with the provisions of Appendix A to 49 Code of Federal Regulations (CFR) Part 29, the offeror certifies to the best of its knowledge and belief, that it and its principals:

(i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(ii) Have not within a three-year period preceding this offer been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;

violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(ii) of this Certification;

and

Form 33.204 (5/22) Page 5 of 8 Exhibit A

(iv) Have not within a three-year period preceding this offer had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the offeror is unable to certify to any of the statements in this certification, the offeror shall attach an explanation to this offer.

Lower Tier Covered Transactions. [This certification applies to a subcontract at any tier expected to equal or exceed $25,000 and will be a continuing requirement throughout the term of the prime contract.]

(1) In accordance with the provisions of Appendix B to 49 Code of Federal Regulations (CFR) Part 29, the prospective lower tier participant (subcontractor) certifies, by submission of this offer, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

The Certification required by subparagraph (b), above, shall be included in all applicable subcontracts and a copy kept on file by the prime contractor. The prime contractor shall be required to furnish copies of certifications to the Contracting Officer upon the Contracting Officer's request.

10. Communication Policy and Certification (A-129, FEB 19)

All oral and written communications with DART regarding this solicitation should be exclusively with, or on subjects and with persons approved by, the person identified in Block 3 of the solicitation cover sheet. Discussions or communications with any other person could result in disclosure of proprietary or other competitive sensitive information or otherwise create the appearance of impropriety or unfair competition and, thereby, compromise the integrity of DART's procurement system. If competition issues cannot be resolved through normal communication channels, the DART Procurement Regulations contain protest provisions for actual or prospective competitors claiming any impropriety in connection with this procurement.

By submission of this offer, the offeror certifies that it has not, and will not prior to contract award, communicate orally or in writing with any DART employee or other representative (including DART Board members, DART contractors, or DART consultants) other than the individual, or person(s) and on subjects approved by the individual, named in Block 3 of the solicitation cover sheet, except as described below: (CHECK "NONE" IF NONE EXISTS.)

NONE

Name of DART Representative

Date and Subject of Communication

{provide attachment, if necessary}

This certification concerns a material representation of fact upon which reliance will be placed in awarding a contract. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to any other remedies the Authority may have, the Contracting Officer may terminate the contract resulting from this solicitation for default and/or recommend that the offeror be debarred or suspended from doing business with the Authority in the future in accordance with the procedures set forth in DART's Procurement Regulations. In addition, a false entry could be a violation of Texas Penal Code paragraph 37.10.

The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, he/she learns that its certification was, or a subsequent communication makes, the certification erroneous.

Form 33.204 (5/22) Page 6 of 8 Exhibit A

11. Conflict of Interest Certification and List of Active Contracts (A-117, June 22)

By submission of this offer, I certify that:

I have read and understand the General Provisions clause entitled "Interest of Public Officials" that will be incorporated into any contract resulting from this solicitation. I further understand that the pecuniary interest in that clause includes employment relationships.

I understand the Authority has an internal conflict of interest policy for its employees that includes as an actual or possible conflict of interest whether or not a member of the employee's immediate family works for a firm doing, or seeking to do, business with the Authority.

Mark one with an "X":

To the best of my knowledge and belief, no employee of my firm is related to an Authority employee; or

An employee of my firm is related to an Authority employee and a letter to the Contracting Officer explaining that relationship is attached to this Exhibit A

The requirements of this certification have been passed through to all first-tier subcontractors or subconsultants anticipated to be used at the time of the submission of my offer.

Offeror must identify every active contract or subcontract that it has with DART including the Contract Name, Number, description of the contract, key personnel, and a statement on how that contract/subcontract does not create a conflict of interest in pursuing this contract. This requirement must be passed through to all first-tier subcontractors or subconsultants anticipated to be used at the time of the submission of an offer. Failure to respond to this written request may result in an offer being determined non-responsive. DART will evaluate each response to determine if a conflict of interest exists. If a conflict of interest does exist, the offer will be determined non-responsive.

12. Drug-Free Workplace Program Certification (A-125, JAN 05)

This certification applies to construction contracts only.

By submission of an offer, the offeror certifies and agrees that, with respect to the offeror and all employees of the offeror to be utilized in the performance of any contract resulting from this solicitation, it will establish a drug-free workplace program that complies with the provisions of the Drug-Free Workplace Program Clause of the General Provisions.

Failure of the offeror to have the drug-free workplace program complying with this certification and the Drug-Free Workplace Program Clause of the General Provisions available for the Authority's review and approval as part of the Authority's pre-award responsibility survey will be deemed a lack of responsibility rendering the offeror unqualified and ineligible for award.

13. Minority and Woman-Owned Business Enterprise Goals (A-123, APR 04)

If goals have been established, by submission of this offer, the offeror certifies that it will comply with the provisions of Exhibit G attached to this solicitation entitled "Minority and Woman-Owned Business Enterprise Provisions," and will meet such goals as are established in any ensuing contract.

14. Non-Discrimination Assurance (A-130, JAN 05)

The offeror certifies that it will not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The offeror understands that it is required to insert the substance of this clause in all subcontracts and purchase orders. 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 Authority deems appropriate. The offeror further agrees by submitting this offer that it will include this certificate, without modification, in all subcontracts and purchase orders.

15. Contractor Certification Regarding Boycotting Israel (A-131, DEC 18)

Texas Government Code Chapter 2270 prohibits DART from entering into a contract with a for-profit company for goods or services unless the contract contains a written verification from the company that it:

Does not boycott Israel; and

Form 33.204 (5/22) Page 7 of 8 Exhibit A

Will not boycott Israel during the term of the contract.

Boycotting Israel includes refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or with an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

By submission of this offer, the offeror certifies that it does not boycott Israel as defined in Texas Government Code Section 808.001, as amended, and will not boycott Israel during the term of the contract.

If DART determines the offeror/contractor has violated these terms, the Agency may pursue any legal claims it may have against the offeror/contractor, including termination of the contract for default.

16. Contractor Certification Regarding Discrimination Against Firearm Entity or Firearm Trade Association

Texas Government Code Chapter 2274.02 prohibits DART from entering into a contract with a company for the purchase of goods or services unless the contract contains a written verification from the company that it:

(a) Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade; and

(b) Will not discriminate during the term of the contract against a firearm entity or firearm trade association.

“Company” and “discrimination against firearm entity or firearm trade association” and “firearm entity” and “firearm trade association” have the meaning assigned by §2274.001 of the Texas Government Code. “Governmental entity” has the meaning assigned by §2251.001 of the Texas Government Code.

By submission of this offer the offeror certifies that it does not discriminate against any firearm entity or firearm trade association as defined in Texas Government Code, §2274.00.001 as amended, and will not discriminate any firearm entity or firearm trade association during the term of the contract.

If DART determines the offeror/contractor has violated these terms, the Authority may pursue legal claims it may have against the offeror/contractor, including termination of the contract for default.

17. Contractor Certification Regarding Boycotting Certain Energy Companies

The Texas Government Code Chapter 2276.002 prohibits DART from entering into a contract with a company for the purchase of goods or services unless the contract contains a written verification from the company that it:

(a) Does not boycott energy companies; and

(b) Will not boycott energy companies during the term of the contract.

“Boycott energy companies” and “company” have the meaning assigned by §809.001. “Governmental entity” has the meaning assigned by §2251.001 of the Texas Government Code.

By submission of this offer, the offeror certifies that it does not boycott certain energy companies as defined in Texas Government Code, §809.001 as amended, and will not boycott certain energy companies during the term of the contract.

If DART determines the offeror/contractor has violated these terms, the Authority may pursue any legal claims it may have against the offeror/contractor, including termination of the contract for default.

Form 33.204 (5/22) Page 8 of 8 Exhibit A

SIGNATURE BLOCK FOR ALL

REPRESENTATIONS & CERTIFICATIONS

NAME OF OFFEROR & ADDRESS (Include ZIP & phone)

OFFERORS MUST SET FORTH FULL, ACCURATE AND

COMPLETE INFORMATION AS REQUIRED BY THIS

SOLICITATION (INCLUDING THIS ATTACHMENT).

FAILURE TO DO SO MAY RENDER THE OFFER

NONRESPONSIVE OR UNACCEPTABLE.

A FALSE STATEMENT IN ANY OFFER SUBMITTED

TO THE AUTHORITY MAY BE A CRIMINAL

OFFENSE IN VIOLATION OF SECTION 37.10 OF THE

TEXAS PENAL CODE.

Signature: Date:

TYPE NAME:

DART Form 33B Page 1 of 9 Exhibit B

DALLAS AREA RAPID TRANSIT

EXHIBIT B

SPECIAL SOLICITATION INSTRUCTIONS and CONDITIONS

Table of Contents

1. INTRODUCTION AND PURPOSE OF SOLICITATION (B-100.01A, JAN 02)

2. EVALUATION AND BASIS FOR AWARD (B-100.03, JAN 02)

3. QUESTIONS CONCERNING THE SOLICITATION (B-300.01, APR 15)

4. SUBMISSION OF PROPOSAL (B-100.14B, FEB 05)

5. PROPOSAL PREPARATION AND FORMAT (B-100.14SA, JUN 06)

6. PROPOSAL CONTENT AND EVALUATION FACTORS FOR AWARD, (B-100.14SB, AUG 04)

7. EVALUATION OF PROPOSALS AND SELECTION PROCEDURE (B-100.15D, JUN 05)

8. INCORPORATION OF OFFEROR’S PROPOSAL (B-100.16A, AUG 04)

9. PROCUREMENT CONFIDENTIALITY (B-100.22A, AUG 04)

10. AUTHORITY'S RIGHT (B-100.53A, JAN 02)

11. SUBMISSION OF SCHEDULE OF SUBCONTRACTOR(S)/SUBCONSULTANT(S) (B-100.23, SEP 03)

ATTACHMENT 1 TO EXHIBIT B - SCHEDULE OF SUBCONTRACTOR(S)/SUBCONSULTANT

1. Introduction and Purpose of Solicitation (B-100.01A, JAN 02)

(a) The Dallas Area Rapid Transit Authority (the "Authority" or "DART") is a public transportation agency providing an assortment of transportation services to 13 cities in the Dallas, Texas, Metroplex. Transportation services include bus, an electric light-rail system, a commuter rail line, high occupancy vehicle (HOV) lanes, ride-share programs, curb-side services for the mobility impaired, and transit educational services.

(b) The Authority is seeking sealed offers from qualified organizations with in-depth knowledge and expertise in providing Workers’ Compensation Third Party Administrator (TPA) Services for managing and controlling the cost of the Authority Self-Insured Workers Compensation Program, DART has a diverse workforce that includes approximately 3,3650 full time employees.as described in Exhibit H.

2. Evaluation and Basis for Award (B-100.03, JAN 02)

(a) Potential Multiple Awards (B-100.03C, OCT 04)

Offerors may provide pricing for any one or more-line items. Award of contract shall be made on an item-by-item basis. As such, multiple contract awards may be made.

(b) Estimated Quantities (B-100.05B, AUG 04)

The quantities specified in the Price Schedule are estimates only, are used as a basis for determining award of the contract(s) and are not hereby purchased.

(c) Unit and Extended Pricing (B-100.08A, OCT 04)

Offerors shall insert the unit price and extended amount for each line item offered on the Schedule. If a line item is offered at “No Cost,” enter “No Cost” in the unit price column. Additionally, offerors shall calculate and insert the total price in the space provided on the Schedule.

(d) Right to Reject Materially Unbalanced Offers (B-100.09A, JUL 04)

The Authority reserves the right to reject offers that are materially unbalanced, i.e., that contain unreasonably high unit prices for some items and/or unreasonably low unit prices for other items.

(e) All or None Pricing (B-100.10A, FEB 05)

DART Form 33B Page 2 of 9 Exhibit B

Failure of an offeror to provide prices for all line items listed on the Schedule may be cause for rejection of the entire offer.

However, an offeror may enter “No Cost” in the unit price and extended amount columns to indicate that the item is being offered at “No Cost.”

(f) Detailed Description of Supplies/Services Not in Schedule (B-100.12A, OCT 04)

Item descriptions in the Schedule are not intended as complete descriptions of the required supplies and/or services to be purchased under this solicitation. Complete descriptions are provided in the Specifications and/or Statement of Work exhibits in this solicitation document.

3. Questions Concerning the Solicitation (B-300.01, APR 15)

Questions or requests for clarification may be submitted on the DART’s Bonfire Portal, in the Questions and Answer section for the solicitation, https://dart.bonfirehub.com.

4. Submission of Proposal (B-100.14B, FEB 05)

(a) Offerors shall submit a proposal consisting of both technical and price proposal components in response to this solicitation.

(b) Proposals will only be accepted electronically on the DART supplier portal, https://dart.bonfirehub.com.

(c) See the Solicitation, Offer and Award Form for the date and time specified for receipt of offers.

5. Proposal Preparation and Format (B-100.14SA, JUN 06)

(a) Proposal documents shall be prepared in single-spaced type, on 8-1/2" x 11" pages, using one side of the paper only.

Pages shall be numbered to show the page number and total number of pages in the proposal (e.g., Page 1 of 15, Page 2 of 15, etc.).

(b) All names and applicable titles shall be typed and printed where indicated on the various documents.

(c) Required entries on all proposal documents shall be typed using black ribbon, printed using dark printer ink, or legibly written in dark ink (no pencil).

(d) Unnecessarily elaborate proposals or lengthy presentations are not desired or required by the Authority.

(e) Proposal documents shall be set out in the Sections outlined below. A blank page should precede each Section with an index tab that identifies the appropriate Section.

Section 1 Introduction and Submittals Section 2 Qualifications of the Firm and Past Performance Section 3 Qualifications of the Staff Section 4 Work Plan - Work Management and Project Approach Section 5 System Performance Section 6 Price

(f) Exceptions to, or variances from, any portion of the solicitation requirements contained herein, including the Statement of Work and/or Specifications, shall not be considered unless specifically identified in a separate document prepared solely for the purpose of comparing the requested exceptions or variances with the stated requirements. The document shall accompany the offeror’s proposal, so that the Authority may determine whether to accept or reject such exceptions or variances based on its content. Absent submittal of a separate document, no exceptions or variances shall be authorized.

(g) If a proposal is from:

an individual, sole proprietorship, or an offeror operating under a trade name, the proposal shall be signed by that individual;

a partnership, the proposal shall be executed in the partnership name and signed by all partners or by a managing partner

DART Form 33B Page 3 of 9 Exhibit B accompanied by evidence of that partner’s ability to sign for the partnership. The official address of the partnership shall be shown below the signatures;

a corporation, the proposal shall be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by the evidence of that officer’s authority to sign for the corporation), and the corporate seal shall be affixed and attested by the corporate secretary or assistant secretary;

a joint venture or other type of teaming arrangement, the proposal shall list the names of all of the joint venture or teaming arrangement members, and each member’s official mailing address. It shall be executed by all of the members in the same manner as if they were individually submitting a proposal(s). The signature portion of the proposal form shall be altered as appropriate for execution by the joint venture or teaming arrangement.

(h) Please limit your submission to a maximum of hundred (100) pages (not including resumes). A maximum two (2) page introductory letter may be submitted within hundred (100) page limitations. There is a limitation of up to fifteen (15) pages of information directly related to the Sections 2, 3, and 4 listed above. The remaining pages of supportive information may include graphs, charts, photos, references etc., and is totally at the offeror’s discretion, provided the total twenty (20) page limit is maintained. For proposals that exceed these limits only the first hundred (100) pages will be evaluated.

6. Proposal Content and Evaluation Factors for Award, (B-100.14SB, AUG 04)

(a) Proposals should be clear, concise, and include sufficient detail for effective evaluation. No more than (150) pages per technical proposal excluding exhibits that are required to be returned and Offeror’s Company Information.

(b) Do not alter the questions or question numbering.

(c) Complete all appropriate sections of the questionnaire.

(d) When providing narrative responses in the comment section of the Excel questionnaire document, do not include any images, graphics, or charts and keep responses brief and to the point in 100 words or less.

(e) Provide an answer to each question even if the answer is “not applicable” or “unknown.”

(f) Be concise in your response. Use bullet points as appropriate. Consider how to word each response to not exceed 100 words in length so that the response contains the most important points you want displayed.

(g) Each question must be responded to individually. Do not respond to any question with “see answer to question ##” or by referencing a response in any other part of the RFP. Such answers will be considered non-responsive.

(h) Do not respond to a question solely by referring to a document or material that is not otherwise included with your proposal. If referring to such documents or materials, you are nevertheless responsible for summarizing the content for you to be deemed responsive with respect to that question.

(i) Referring the reader to attachments for further information should be completely avoided. Any response that does not directly address the question, but only contains marketing information, will be considered non-responsive.

(j) Proposals will be evaluated for award based on the following:

(1) Technical acceptability (700 Total Maximum Points) and

(2) Price (300 Total Maximum Points)

(k) Technical proposals shall contain the sections described herein.

(l) Price proposals shall contain the Bid Table provided by the Authority through Bonfire for the offeror to submit its price proposal, unless otherwise specified in the solicitation. If cost data is required, offerors must also submit cost data in the format described elsewhere herein.

(m) Factors and any subfactors described with relative weights or points will be evaluated to determine whether the proposal submitted shall be characterized as “Acceptable”, “Potentially Acceptable” (that is, susceptible of being made “Acceptable”), or “Unacceptable”. Evaluation factors (with the exception of the price proposal) are specifically keyed to the information

DART Form 33B Page 4 of 9 Exhibit B requested in this provision.

(n) Shortlist Process: The evaluation process may include a two-stage approach including a preliminary evaluation of the written proposal and preliminary scoring to develop a shortlist of Offeror’s that will continue to the final stage. The preliminary scoring will be based on the total points. The three (3) Offeror’s receiving the highest preliminary scores and with at lease 600-650 points may advance to the next evaluation phase.

Demonstration Presentation – 25 minutes and Q&A Session – 5 minutes.

1. Live demonstration of claims management system

2. Overview of reporting Capabilities

3. Presentation of Implementation

4. Discussion of Communication Protocols

5. Review of Cost containment strategies

(1) Section 1 - Introduction and Submittals In this section include, at a minimum, the following:

(a) The Solicitation, Offer and Award Form (DART Form 33.201);

(b) Exhibit A, completed and signed;

(c) Attachment 1 to Exhibit B - Schedule of Subcontractor(s)/Subconsultant(s), in accordance with the provision titled, "Submission of Schedule of Subcontractor(s)/ Subconsultant(s)”;

(d) Exhibit G, Attachment 1, Intent to Perform as a Subcontractor;

(e) Exhibit L, Business Questionnaire;

(f) Exhibit V, Employee Information Form;

(g) An introductory letter that should be addressed to and include:

(i) Dallas Area Rapid Transit P.O. Box 660163 Dallas, TX 75266-7235 Attn: Coquice Logan, Contract Specialist;

Submit To: Bonfire Portal https://dart.bonfirehub.com

(ii) an introduction of the prime contractor, members of a partnership, joint venture, or other teaming arrangement, whichever is applicable, and an introduction of all major subcontractors/subconsultants who may be involved in the performance of the work; and

(iii) a discussion of the primary business experience, length of time in business, ownership, office locations, specific location of the principal office from where the main work will be performed, contact information (i.e., contact names, telephone and facsimile numbers, and email addresses), and other information introductory in nature for each firm involved in making the proposal.

(h) A letter, as applicable, from the offeror's chief executive officer guaranteeing the key personnel named in the staffing plan will be assigned to the project, unless such employment is duly terminated. If substitutes or "backup" personnel are planned on a contingency basis, such personnel shall also be named with a similar guarantee of assignment.

(2) Section 2 - Qualifications of the Firm and Past Performance (140 Total maximum points)

Offeror’s must demonstrate qualifications as a business entity, current, past performance, and experience with special emphasis on the following:

(a) Experience relevant to the performance of the work required under this solicitation and resulting contract.

DART Form 33B Page 5 of 9 Exhibit B

35 Maximum Points

At a minimum, and in detail: (i) discuss offeror’s history and experience relevant to the Authority's needs as set out in this solicitation; (ii) describe offeror's direct experience on projects of similar size, scope and complexity, and (iii) provide dates, locations, costs of assignments, names of project managers, and names and current contact information for business references and clients. Also discuss the qualifications of all other firms proposed to be utilized in the performance of the work (including joint venture members or major subcontractors/subconsultants), and clearly differentiate which qualifications listed relate to which firm.

(b) Experience relevant to the performance of work within the transit and/or transportation industries.

35 Maximum Points

(c) Experience relevant to the performance of work for federal, state or local agencies (other than those in the transit or transportation industries). 35 Maximum Points

(d) Previous work performance and quality of completed work. 35 Maximum Point

Provide information that demonstrates customer/client satisfaction with overall job performance and quality of completed work accomplished in the last 10 years. Explain corrective actions taken, if any, for substandard performance, and any current performance problems such as cost overruns, extended performance periods, etc.

(3) Section 3 - Qualifications of Staff (140 Total maximum points)

Provide a staffing plan that identifies the project manager(s) and any other key personnel who will be assigned to the project. Also discuss the qualifications and experience of each key individual. At a minimum, include the following:

(a) Qualifications of project manager(s) and key personnel who will be assigned to the project.

40 Maximum Points

Submit, at a minimum, resumes of the project manager(s) and key personnel (inclusive of all relevant joint venture and subcontractor personnel) who will be assigned to the project. Resumes must be complete and concise, featuring experience that is most directly relevant to the task responsibility to which the individual will be assigned.

Resumes must be dated (e.g., dates of education, experience, employment, etc.) and must state the function(s) to be performed on the project by each of the key personnel.

(b) Allocation of time to the performance of work under this solicitation and resulting contract by project manager(s) and key personnel. 40 Maximum Points

Discuss the percentage (%) of time to be committed to the project by each of the project manager(s) and designated key personnel.

(c) Positive results of references for each of the designated key personnel. 40 Maximum Points

Submit, at a minimum, two (2) references with names, addresses, telephone numbers and contact persons for each of the designated key personnel.

(d) Organization of the workforce and personnel utilization. 40 Maximum Points

Submit, at minimum, an organization chart, complete with a listing of all job classifications and the number of full and part time employees in each job classification, to be used in the work performance. Also identify which job classifications relate to subcontractor personnel.

(4) Section 4 - Work Plan - Work Management and Project Approach (180 Maximum points)

Provide a description of how the offeror proposes to organize and perform the work. At a minimum, include the following:

(a) Proposed method of accomplishing the work required for this project.

30 Maximum Points

DART Form 33B Page 6 of 9 Exhibit B

(b) Proposed approach to managing the work and ensuring program and cost control.

30 Maximum points

(c) Proposed work to be accomplished by subcontractors and identify the work to the specific subcontractors. 30

Maximum Points

(d) Potential impediments, obstacles, or problems that could negatively impact upon work performance and proposed solutions. 30 Maximum Points

(e) Specific tasks that the offeror requires the Authority to accomplish during contract performance or prior to contract award, and how the offeror will successfully accomplish the work if such tasks are not performed. 30 Maximum Points

(f) Quality Control Plan 30 Maximum Points

At a minimum, explain the quality control plan for the performance of work addressing all requirements of the

Statement of Work. Discuss proposed approach for surveillance and inspection of work; acceptance, rejection, documentation, and resolution of deficiencies; and corrective actions.

(5) Section 5 - System Performance (120 Maximum Points)

Provide salient characteristics, performance parameters, and required additional information to evaluate the performance of the proposed system’s performance. At a minimum,

(a) Proposed system’s performance validated in independent technical reports or manufacturers’ technical data sheets. 40 Maximum points

(b) Supporting information concerning the ease and speed with which the system can be restored to operational status in the event of disruption or shutdown. 40 Maximum Points

(c) Required tools, equipment, facilities, spares, documentation, materials, inventory, and analyses to ensure supportability of the system. 40 Maximum Points

(6) Section 6 - Price (300 Maximum Points)

Offerors are required to provide pricing for all line items specified in the Price Schedule through Bonfire. Pricing is required for the Base Period. The pricing score shall be calculated by dividing the lowest price by the Offeror’s price multiplied by the total number of price points available to arrive at the offeror’s price score (an example of a calculation is provided below):

FORMULA: Lowest Price X POINTS AVAILABLE = Price Score

Offeror’s Price

EXAMPLE: Firm Price Proposal Price Score

A $100 200

B $125 160

C $115 173

Lowest Price (Firm A) $100 X 200 = Firm B Price Score

Offeror’s Price (Firm B) $125 160

7. Evaluation of Proposals and Selection Procedure (B-100.15D, JUN 05)

DART Form 33B Page 7 of 9 Exhibit B

(a) Upon receipt of proposals, which shall consist of both technical and price proposals, the Contracting Officer will initiate the evaluation and selection procedure described herein.

(b) Proposals shall not be publicly opened.

(c) The Contracting Officer will review the proposals to determine if they comply with the solicitation provisions and contain all required submittals.

(d) The Contracting Officer will conduct an evaluation of the technical proposals or may appoint a Selection Committee that will evaluate the technical proposals and provide the scores to the Contracting Officer for consideration. In either case, the technical proposals will be evaluated applying the evaluation factor(s) set forth in the Proposal Content and Evaluation Factors for Award provision.

(e) The Contracting Officer will consider the evaluated technical score for each offeror’s proposal to determine whether that offeror’s proposal shall be characterized as technically “Acceptable”, “Potentially Acceptable” (that is, susceptible of being made “Acceptable”), or “Unacceptable”. Proposals evaluated as technically “Unacceptable” shall be rejected and will receive no further consideration for award.

(f) After a complete evaluation of the initial technical and price proposals, for those found to be technically “Acceptable” or “Potentially Acceptable” by the Contracting Officer, the Contracting Officer may:

(1) Proceed directly to award of the contract based on the total scores received; or

(2) Request clarifications from offerors; and/or

(3) Request that offerors make oral presentations concerning their technical proposals.

The Contracting Officer will establish the specific criteria and parameters for oral presentations. Oral presentations shall not be considered discussions. They shall be used solely to facilitate evaluation of the submitted proposals to further determine their appropriate characterization. The Contracting Officer may then proceed directly to award of the contract; or

(4) Reject any proposals then determined to be “Unacceptable”; and

(5) Invite those offerors whose proposals were determined to be “Acceptable” or “Potentially Acceptable,” and in the competitive range considering their overall technical and price scores, to participate in discussions. The competitive range will consist of all proposals that have a reasonable chance of being selected for award.

Discussions may address either the technical or price proposal, or both. At the conclusion of discussions, the Contracting Officer will set a time and date for the submission of best and final offers.