1-RFP 26-04064BCM Janitorial Srvcs.docx

UTAH TRANSIT AUTHORITY

REQUEST FOR PROPOSALS

Cover Sheet General Information

Project Description

Provide janitorial cleaning services in various Utah Transit Authority offices and work areas.

Procurement Process Information

Contract Administrator *All correspondence during RFP must be directed through the Contract Administrator.

Brent Miller 669 West 200 South Salt Lake City, Utah 84101

(801) 287-3009 brmiller@rideuta.com

Evaluation Criteria:

Technical (80 Points)

· Past Performance (20pts)

· Experience and Qualifications

· References

· Work History/Length of Contracts

· Demonstrates Ability to Perform Services (30pts)

· Capacity - Ability to Service Locations

· Capability - Knowledge, skills, and qualifications to perform all service requirements

· Operation Plan (20pts)

· Work Plan to complete work

· Plan to resolve issues and perform inspections

· Staffing Plan (10pts)

· Organization Chart of staff

· Use of staff for this contract

· Price (20 Points)

This is a best-value procurement. UTA will select the team(s) whose proposal is most advantageous to UTA, considering both price and quality/technical factors. The technical factors will account for Eighty points (80pts) of the total evaluation. The price will be considered Twenty points (20pts) of the total evaluation. See Part 2 for more information on proposal content and the rating method.

Projected RFP Schedule:

Please refer to Euna for updates to all dates, times and any additional deadlines not listed below.

See Part 1 Section L for details.- Due to the properties being secured facilities, this will be the only opportunity for Proposers/Vendors to visit sites prior to submitting proposals. *** September 21 and 22, 2026, 9:00 am MST each day.

Included as part of this RFP

Part 1 – Project Specific Information Part 2 – Procurement Process Information Part 3 – Standard Solicitation Terms Part 4 – Standard Contract Terms / Sample Contract Part 5 – Declarations, Offer, and Conflict of Interest Part 6a – Federal Clauses (Appendix I) Part 6b – Federal Forms (Appendix II) Part 6c – Davis Bacon Wages (Appendix III)

Proposal Contents

Page Limit Cover pages, table of contents, divider tabs, and resumes, the Price Proposal, and required forms do not count toward the page limit.

30 pages

Submittal Instructions

· One (1) electronic copy of the technical proposal and one (1) electronic copy of the price proposal shall be uploaded to Euna on or before the deadline referenced above. See Part 3 of this RFP for further instructions.

Required Forms To be considered responsive, proposals must include the additional forms, declarations, and certifications listed below:

· Completed Signed Proposal Forms and Declarations Part 5 of this RFP.

· Signed Part6b Federal Certifications (Appendix II).

· Copy of W-9.

· Cover Sheet with Company Information.

· Must meet all Prerequisites on Euna U3P/Bonfire.

· Proposer’s Technical Proposal with all Evaluation Criteria addressed.

· Proposer’s completed Price Proposal using UTA’s 26-04064BCM Price Schedule.

· Certificate of Insurance (COI) compliant with UTA’s Insurance Requirements (All Forms must be completed and uploaded to Euna U3P/Bonfire)

Part 1 – Project Specific Information

GENERAL OVERVIEW

This Request for Proposal is to provide Utah Transit Authority (UTA) with Janitorial Cleaning Services for various Utah Transit Authority facilities, offices, and work areas. Service performance will be contracted for a five (5) year period.

UTA reserves the right to make an award of all or part of its requirements under this RFP to multiple Proposers subject to the best value offered UTA for each Service Location.

UTA reserves the right to add or remove Service Locations as necessary.

Contractor will have a minimum of five (5) years of experience delivering janitorial services, as outlined in the Statement of Work and Specifications, to customers managing multiple building locations (each with more than 10 facility locations), with each facility containing a minimum of 5,000 square feet requiring janitorial cleaning services.

The Proposer will provide at least three (3) customer references, each representing accounts with multiple service locations for which the Proposer has performed these services.

A Proposer's failure to follow the format specified may be considered non-responsive.

The Project Manager will oversee any technical aspect of this RFP and provide Guidance as needed.

PROJECT goals To ensure UTA facilities and work areas are clean and sanitary.

THE UTAH TRANSIT AUTHORITY’S MANAGEMENT PHILOSOPHY

UTA continues to provide sustainable public transportation systems that help move people and connect communities through employee empowerment and good stewardship of public funds.

Prerequisites

PROJECT FuNIDNG Both Loal and Federal Funds will be used for this project.

PROJECT MANAGER

The Project Manager will oversee any technical aspect of this RFP and provide Guidance as needed.

PrOJECT SERVCE LOCATIONS and SCHEDULEs See Statement of Service sections 2.0 and 3.0 for multiple service locations and service time schedules.

1. RESPONSE TIME: Contractor will maintain all service start and finish times and have the capability to provide urgent services within a 24-hour notice or an agreed time. The Contractor will honor and maintain all service schedules for each service event and location as stated in the Statement of Service sections 2.0 and 3.0 unless directed otherwise in writing by UTA’s Project Manager or authorized designee.

2. PROJECT SCHEDULE AND SERVICE LOCATIONS: Contractor will be responsible for maintaining service schedules for each service TASK and service location as stated in the Statement of Service sections 2.0 and 3.0 unless -or- as directed otherwise in writing by UTA’s Project Manager or authorized designee. Contractor will notify the appropriate Project Manager or authorized designee one week in advance of any requested schedule changes. By signing Part 5 section B Contractor’s Offer, the contractor agrees to provide this service schedule and response times.

EXPLANATION OF THE price All pricing will be Firm Fixed Price. The Proposer must use and complete UTA’s 26-04064BCM Price Schedule and submit it as its Price Proposal. Follow the instructions as stated in both Part 2 of this RFP and as listed on the Price Schedule.

ENVIRONMENTAL DOCUMENTATION

Refer to Part 4 (SAMPLE CONTRACT) Sections: (6) LAWS AND REGULATIONS; (17) CONTRACTOR SAFETY COMPLIANCE; (18) ENVIRONMENTAL RESPONSIBILITY, and STATEMENT OF WORK for additional environmental requirements.

STATEMENT OF SERVICE

The contractor shall provide all equipment, labor, materials, cleaning supplies, restroom supplies and transportation necessary to provide janitorial services as identified in the attached Statement of Work for the locations indicated on UTA’s 26-04064BCM Price Schedule.

1. Identification of Employees/Contactor badges:

The contractor will provide each individual working on UTA property with a UTA-issued picture ID contractor badge. These badges will be worn at all times and will be easily visible when the employee is working in any UTA Facility.

i. To obtain contractor badges, the contractor must obtain a “Contractor Badge and Fingerprint Request Form” from the Program Manager. The form must be filled out and signed by the Contractor and the UTA Facilities Maintenance Manager. With the completed form, the Contractor or employee will contact the Human Resources Department to schedule an appointment to be fingerprinted and for a background check. A photo ID Badge will be issued at that time. If the employee does not pass their background check, the employee must return their ID card to the UTA Program Manager, and they will not be allowed in UTA Facilities.

ii. In addition to badges, the Contractor will maintain a complete list of all personnel they have working on UTA Property. A copy of the list will be submitted to the Program Manager prior to the beginning of work and will be updated with additions and deletions as personnel change. The Contractor will be responsible for the collection of Contractor Badges of individuals no longer working under the contract and for completing the process outlined above to receive new badges. Collected Contractor badges will be surrendered to the UTA Program Manager or UTA Contract Administrator.

iii. UTA Security will, as deemed necessary by UTA, check individuals for proper identification. Those not wearing proper identification or not appearing on the employee list will be requested to leave UTA property. A Contractor badge does not grant the Contractor authority to escort visitors into UTA property. Removal of individuals due to the Contractor’s failure to comply with this provision will not delay contract performance or be grounds for claims against UTA.

2. Service Locations/Frequency of Service:

Meadowbrook 3600 S. 700 W. SLC, UT 84119

Riverside

3700 S. 900 W. SLC, UT, 84119

0900 – 1400 Day Porter

(Active Spring 2029)

1100-1300 Day Porter

Midvale Rail Service Center 613 W. 6960 S. Midvale, UT

Jordan River Rail Service Center (JRRSC) 2255 S. 900 W. SLC, UT

(When Occupied)

FLHQ - Headquarters 669 W. 200 S. SLC, UT

Building 5 400 S 669 W

(CNG)

Timpanogos 1110 S. Geneva Road, Orem, UT, 84058

2100 - 0300 Main Cleaning 0800 - 1200 Day Porter

Building 2

6 days Mon - Sat

2100 - 0300 Main Cleaning 0800 - 1200 Day Porter

Building 3

6 days Mon - Sat

2100 - 0300 Main Cleaning 0800 - 1200 Day Porter

Building 7

6 days Mon - Sat

2100 - 0300 Main Cleaning 0800 - 1200 Day Porter

Building 9

6 days Mon - Sat

2100 - 0300 Main Cleaning 0800 - 1200 Day Porter

Trailer 1

6 days Mon - Sat

2100 - 0300 Main Cleaning 0800 - 1200 Day Porter

Trailer 2

6 days Mon - Sat

2100 - 0300 Main Cleaning 0800 - 1200 Day Porter

BRT Offices

6 days Mon - Sat

2100 - 0300 Main Cleaning 0800 - 1200 Day Porter

Provo FR Hub 690 S. University Ave, Provo, UT 84058

Salt Lake Intermodal Hub 300 S. 600 W.

SLC

Depot District 716 West 300 South, SLC, UT 84104

Tooele 90 S Garnet St, Tooele, UT 84074

TTEC

2320 South 800 West, SLC, UT 84119

* Measurements are totals for that location and are provided as estimates and are for informational purposes only.

**All services will be performed and completes between the “Start and Finish” each day for each location.

***The “Day Porter” will be on duty within the range of 0900 MST to 1400 MST for the consecutive number of hours indicated unless otherwise noted.

3. Service schedule definitions:

4. Building Access:

Contractor(s) will check out building keys through the UTA Facilities Department by the Contractor’s janitorial supervisors by filling out the key request form. This must be done at the beginning of the contract. Keys must be returned to the Facilities Department at the end of the contract. A fee may be charged for any unreturned keys.

5. Problem Resolution:

Operating problems encountered during the normal cleaning shift will be worked out with the UTA Facilities Supervisor. If problems cannot be resolved at this level, the problems will be addressed to the Program Manager. It should be noted that the Division Mangers cannot change, delete, add to, or alter contract requirements. All changes must be processed through the Program Manager and finalized by a written Change Order to the contract.

6. “Day Porter Services”:

Day Porter services are required at the locations indicated under “Service Locations – Frequency of Service.” Day Porter service period will be from 0900 MST through 1400 MST each day or as agreed with the department manager or responsible Facilities Maintenance Supervisor. The locations requiring Day Porter service are considered “high traffic” areas or areas requiring continuous upkeep. Day Porters will be responsible for light cleaning services, emptying trash and recycling bins as needed and ensuring restrooms remain clean and supplied with paper products and soap. At least one Day Porter will remain on duty for the full time specified; number of hours and locations are listed above.

7. Supplies to be Ordered by the Contractor:

The Contractor will order all paper products and consumable supplies. These items will be ordered through an approved UTA vendor.

i. Bills for these items will be sent directly to UTA through the responsible Facilities Maintenance Supervisor and are subject to approval by the Supervisor. Bills will include, as applicable, copies of the supplier’s invoice showing, at a minimum, a full description of the product purchased, quantity and cost. Product samples must be submitted to the Facilities Maintenance Supervisor for approval.

ii. Where applicable, all Safety Data Sheets (SDS) must be provided to the UTA Purchasing Department for approval. The product will not be used at any location until the product is SDS approved. All chemicals on site in containers must be labeled and a SDS on file. Mark-ups, delivery fees and/or service fees are not allowed.

iii. The Contractor will maintain a stock of paper products/consumable supplies at each service location. UTA will provide a designated, secured storage area for reach facility. These locations will be identified by the Facilities Maintenance Supervisors. Only those products to be used at UTA will be stored on UTA property. Products will not be transferred between UTA locations without prior approval of the “transfer from” location UTA Facilities Supervisor. All deliveries will be signed for by a UTA assigned person.

iv. The Contractor will provide and stock feminine napkins daily. Money recovered from the dispensers will be the Contractor’s. UTA will provide and maintain dispensers. Keys will be made available through the Facilities Maintenance Supervisor.

v. Product type scent, and quality will be approved by the Facilities Maintenance Manager prior to use on UTA property. List of products and supplies, not limited to:

*All chemicals onsite must be labeled with the applicable SDS information.

8. Cleaning Supplies:

The Contractor will provide all necessary supplies and equipment to complete all service tasks.

Recommended Cleaning Equipment and Materials

001 Mops and mop heads

002 Brooms

003 Scrub brushes

004 Cleaning rags and wipes

005 Buckets, buckets, and basins

006 Step stools and ladders

007 Vacuum cleaners, tank and upright

008 Buffers and floor machines

009 Window squeegees and tools

010 Venetian blind dust brushes and blind washing equipment

9. Cleaning Schedule – Task Elements, all locations

Office Areas, Entries, Exits, Hallways, Conference/Board Rooms

25%

Restrooms

25%

Break Rooms

25%

Fit Factory

25%

Day Porter

** includes all 1st and 2nd floor interior windows and first 1st floor exterior floor windows.

Special Request for Stripping and Waxing floors -and- Cleaning of Second (2nd) floor exterior windows will be handled by a second procurement.

Pay elements/inspections and invoice deductions:

UTA will only pay for services received. Work will be monitored by using “Pay Elements.” Pay elements reflect the “% Value” of each required task. Pay elements and % values are identified in the Statement of Work.

Weekly inspections will be made by UTA Facilities personnel to verify that work is completed as required. Inspections will be done as determined to be necessary by the Facilities Maintenance Manager, or his designated representative (the Inspector), and may be made based upon the Contractor’s performance throughout the contract. Inspections may be scheduled or unscheduled.

Invoice deductions will be made for services not received. Calculations will be based on the number of weeks per location per month and the Pay Element item not performed at the close of the workday, as specified for each location (see example A & B, below). The percentage shown will be deducted from the amount paid for that line item for the work not complete. The task is either complete, or not complete.

Example A:

Central Division requires six days of service per week. At the weekly inspection period on 11 August 2026, the Contractor failed to wash the walls in the restroom. The monthly contract amount for cleaning Central is $5,000.00. The specified percentage value of the Pay Element to clean restrooms is 25%. August 2026 is a 4-week month.

Calculation of deductions: 5000 X .25 /4 = $312.50 deduction If the Contractor completes half of the task before he goes home, the deduction is still $312.50. If the contractor fails to wash the walls in the restrooms for three or four weeks, the deduction from the monthly invoice would be $937.50.

Example B:

Ogden requires five days of service per week. At the weekly inspection period on 11 August 2026 and 18 August 2026, the Contractor failed to clean the tables and chairs in the break room. The monthly amount for cleaning Ogden is $3.500.00. The specified percentage value of the Pay Element is 25%. August 2026 is a 4-week month.

Calculation of deductions: 3500 X .25/4 X 2 = $437.50 deduction Invoice deductions will be made at the discretion of the Facilities Maintenance Manager based on each situation encountered. Deductions will be fully documented and processed through the Manager of Purchasing and Materials.

10. Testing of Products UTA reserves the right to request samples to evaluate performance and product composition.

Samples submitted will be the same product and formulation to be provided under the contract.

Samples will be at no cost to UTA and must be accompanied by an MSDS.

11. Material Safety Data Sheets (MSDS/SDS)

1. Any and all Material Safety Data Sheets (MSDS) applicable to any item or product called for under this proposal or required for use on UTA property as a result of this proposal, must be submitted either with the contractor’s proposal, or prior to the bid opening date under a separate cover letter, for approval.

2. No product will be delivered to UTA or used on UTA property without prior approval by UTA, no contract will be awarded without this approval. A contractor’s failure to submit an M5DS with their proposal may render their proposal non-responsive for that item.

3. MSDS’s must be complete; products or materials will be approved or disapproved for use by UTA or on UTA property because of their review.

12. Additional Information

1. Under the Meadowbrook Division

i. The Guard Shack is to be cleaned as indicated under “Office Areas” as part of building

2. Under the Mobility Center

i. Service includes the Physical Ability area in the rear of the building. Service I the area is to sweep and mop the concrete floors once a week and clean the ramps, doors, and walls once a month.

3. Under the Central Division

i. The Main Building includes the guard shack next to the street entrance, the two sign-out rooms in the driveway and the portable building.

3. Under Midvale Center

viii. The downstairs lunchroom at the south end of the building is included (UTA will maintain the inside of the refrigerators and microwaves).

xvi. In the south building 2, restrooms, and walking space in front of the office are included. The concrete walking space floors are to be swept and mopped daily. The south building is the building south and west of the main building west of the main entry road. This area needs to be included in the day porter tasks.

SPECIAL REQUIREMENTS

1. UTA site locations requiring service will be those as identified on UTA’s 26-04064BCM Price Schedule.

2. Partial Price proposals are acceptable only if pricing is provided for all the site locations and for all service TASK Areas listed within any one service location identified on the UTA’s 26-04064BCM Price Schedule. For Example: If bidding for Meadowbrook Division the Proposer must bid on all six (6) locations and all service Task Areas for all five (5) years for the Proposal to be accepted or considered responsive.

3. UTA site locations may be added or removed upon the Project Manager’s or Disignee’s request.

4. Proposer’s Technical Proposal must indicate if Sub-Contract(s) will be used and if so must meet all requirements of this RFP. See Part 4 Sample Contract Section 16 USE OF SUBCONTRACTOR for further requirements.

L. MANTITORY PRE-PROPOSAL MEETING (FOR SITE WALKS)

Mandatory Site Visits: Site Visits will be conducted on September 22nd and September 23rd 2026, at 9:00 AM both days and are mandatory to allow Proposer to view the facility. Proposer must attend the Site Visits as a requirement of this RFP in order to provide UTA a Proposal. Please refer to the itinerary below on the order of the locations. All Proposers responding to this RFP are required to have at least one representative of their organization in attendance.

All questions must be submitted through Euna U3P/Bonfire under this RFP on or before September 29, 2026, 2:00 pm MST. Any Questions after this date may not be considered for a response.

Site Visit Schedule

Lunch on own 12:00 pm – 1:00 pm

Timp 1:30 pm – 2:00 pm POC: Jacob Murray 801-287-2503 1110 S. Geneva Road, Orem, UT

All Proposers must sign-in at the Pre-Procurement Meeting at all Site Visit locations. Proposals will only be considered from vendors who attend the pre-proposal meeting and complete the sign-in sheet. Proposals received from vendors not in attendance and did not sign-in will not be accepted. Vendor sign-in will begin at 9:00 am. Please arrive 5 minutes early to complete the sign-in process. Late arrivals may be deemed as non-responsive.

The meeting is for informational purposes only and information provided is not binding. If the RFP needs to be modified or clarified, a written addendum will be issued.

Part 2 – Procurement Process Information

PROPOSAL FORMAT

Proposals must adhere to the following format:

· Proposals should be formatted primarily to 8 ½ by 11 inches. An 11 by 17-inch format may be used for charts, tables, and schedules. No text should be included on the 11 by 17-inch size format except for text that is required for the interpretation of the chart, table, or schedule.

· Proposals should use a minimum of 12-point font.

· If a proposal is submitted in double-sided format, both sides of the page will be counted against the page Limit.

· The proposal must not exceed the page limit shown on the RFP Cover Sheet. The Proposer will not submit brochures or additional materials. Hyperlinks will be counted toward the page limit unless specified as exempt. At its discretion, UTA will not consider such additional materials in the selection of the successful Proposer.

· The maximum file upload size in Euna is 50mb.

Failure to follow the format described above may result in the proposal being deemed non-responsive.

PROPOSAL CONTENT

The proposal should consist of the following sections in the order listed below:

Cover Letter Explain the interest of the Proposer in the work covered by this RFP and identify the Proposer’s point of contact, including name, address, telephone, and e-mail address. Limit the cover letter to one page.

Technical Proposal (80 Points)

b) Provide at least three (3) customer references, each representing accounts with multiple building locations (each with more than 10 facility locations), for which the Contractor has performed janitorial cleaning services as outlined in the Statement of Service of this RFP. References must include contact names, address, phone numbers and email address

c) Proposer shall provide sufficient information data of previous experience with references and information on contracts of similar work including the length those contracts, contract manager contract info, and the size of the scope of work.

2. Demonstrates Ability to Perform Services (30pts) The Proposer must have sufficient information in its Technical Proposal to allow UTA to evaluate compliance with all requirements of this RFP. Provide objective evidence that demonstrates the Proposer’s ability to fulfill all requirements as outlined in the Statement of Services to include but not be limited to:

a) Service – Capacity to service multiple property locations on time in accordance with service schedules

b) Response Time - Ability to provide urgent services within a 24-hour notice

c) Personnel – Capability to train and provide personnel skilled in janitorial cleaning service with the capacity and ability to maintain service schedules

d) Subcontracted Work – Proposal must indicate if Contractor plans to use Sub-Contractor(s) and if so, confirm compliance with UTA’s restriction for subcontracted work as listed section K Special Instructions of this RFP

e) Equipment - Provide a list of proposed service equipment and materials used to perform services. Provide process for maintaining equipment in a state of good repair and fully operational

3. Operation Plan (20pts) Proposers shall demonstrate its ability and willingness to meet the requirements regarding the services set forth in the Statement of Service. This will include the operational plan to meet the scope of servce. Also, a plan to track and monitor the work and resolve issues as needed.

4. Staffing Plan (10pts) Proposer’s must show ability to provide a Chart/flowchart of staff or a description of number of staff in each position.

An example would be supervisor 2, workers 25 and so on.

Description of how many employees are working on current contracts and how what will be used for this contract, if awarded. Including process to move staff around or other processes to meet demand of current contracts and new ones, including this one.

5. Forms (Proposer will provide all Requested Forms as listed on the Cover-Sheet), Proposal forms are supplied for the purpose of listing the Proposer’s team or individual data. The Proposer will provide the data in the appropriate form. A Proposer's failure to follow the specified format may be considered non-responsive.

Price Proposal (20%) The price proposal will be evaluated based on both price and cost realism. Price will be taken at face value, while cost realism will be evaluated based on whether the evaluator believes the Contractor’s price reflects a realistic understanding of the scope of effort and resources required to complete the project. Price proposals will receive a rating from 0 to 20 based on the combined evaluation of price and cost realism.

Price will be submitted using the price schedule provided in part 5 (if applicable) as set forth in the cover sheet. the PRICE schedule MUST BE UPLOADED IN EUNA AS A SEPARATE FILE FROM THE TECHNICAL PROPOSAL.

WEIGHTING OF EVALUATION CRITERIA

Proposals will be evaluated based on responses to the information requested herein. The Utah Transit Authority may interview one or more firms as part of the evaluation process; however, a decision to award a contract may be based solely upon the submitted proposals.

This is a best-value procurement wherein the award will be made to the responsive and responsible respondent whose proposal is determined to be the most advantageous to UTA, with the evaluation taking into consideration both the technical and pricing factors. In the evaluation, the technical and pricing factors will be weighted as detailed above:

The Price Proposal must be submitted in a separate file from the technical proposal.

The Technical Proposal must not contain any cost information included in the proposal.

UTA may use the following cost formula: Each proposal will be given a score from 0 to 20 based on both price and cost realism. A proposal with a low price and a high degree of cost realism will receive a score on the upper end of the scale. A proposal with a high price and a low degree of cost realism will receive fewer points on the lower end of the scale. To arrive at an overall total score, the price proposal rating will be weighted according to the overall evaluation criteria and combined with the technical evaluation scores.

In addition to the above, proposals whose total evaluated price is fifty percent (50%) or more above or below the median price of all responsive proposals may be deemed unreasonably priced and non-responsive and may be removed from further consideration at the Authority’s sole discretion.

The Authority reserves the right to disqualify such proposals without further evaluation if it determines that the pricing reflects a material risk to successful performance or does not represent a fair and reasonable price.

Part 3 – Standard Terms of Solicitation

A. INSTRUCTIONS TO PROPOSERS

1. Submission of Proposals.

Proposals must be uploaded to Euna by the “Bid Ends” date and time listed on Euna. Proposals uploaded after the deadline will be considered non-responsive. It is the responsibility of the Proposer to ensure that its proposal is properly uploaded by the deadline.

Log on to Euna at https://solutions.Euna.com/apps/Router/SupplierLogin?CustOrg=StateOfUtah; if you have already registered, log in and search by Utah Transit Authority or the RFP number.

If you need to create an account, please select “Create Account,” and then you can search UTA or the RFP number identified on the Cover Page. If you need assistance, please email the Utah Supplier Portal Support at Eunaadmin@utah.gov Instructions to proposers are included in the RFP documents.

For ease of review, UTA may also request delivery of hard copies of Proposals (see RFP Cover Sheet).

2. Federal Requirements.

If federal funds are being used to finance this project, the Contractor will also comply with the additional applicable federal terms and conditions listed in Appendix I and submit all applicable certifications, forms and reports listed in Appendix II.

a. UTA eComply Solutions. In addition, where federal funds are being used, the Bidder/Proposer will submit required labor and subcontractor information to UTA through following portal: https://uta.ecomply.us. The information provided will include the following:

· Set up and maintain contractor login for all persons inputting information in the system.

· Description of payments received from UTA and payments made to subcontractors of all tiers, including amounts and confirmation of payment.

· All certified payroll must be input into eComply Solutions which may be accomplished either through direct input or importation from the contractor’s accounting system.

· All subcontract award amounts, dates signed, and change orders.

· Certified payroll information will be uploaded on a weekly basis; all other information will be uploaded or input no less than monthly.

· The Contractor will include this clause in all subcontracts and manage and monitor compliance of all subcontractors within the UTA eComply system.

3. Minimum Standards.

This RFP sets forth the minimum requirements that all Proposals must meet. Failure to submit Proposals in accordance with this RFP may render the Proposal unacceptable or non-responsive. UTA may, in its sole discretion, waive minor irregularities in a Proposal that do not alter the quality or quantity of the information provided.

4. Confidential, Protected, and Public Information In accordance with Utah Code Section 63G-2-305(6) of the Government Records Access and Management Act (GRAMA) and UTA's Procurement Standard Operating Procedures (SOPs), procurement information related to this procurement will not be made public until after the execution of the Contract with the successful Proposer. Procurement information includes the Proposals submitted by Proposers in response to this RFP, any accompanying documentation, and records maintained by UTA during the procurement process.

UTA will maintain a process to ensure confidentiality for the duration of this procurement. If the Proposer submits information in its Proposal that it believes is "trade secret," the Proposer must follow the procedure set forth in Section 63G-2-309 of GRAMA.

Additionally, for ease of Proposal evaluation, UTA requests that each Proposer also follow the steps identified below:

1. Clearly mark all trade secret information as such in its Proposal at the time the Proposal is submitted and include a cover sheet stating, “DOCUMENT CONTAINS TRADE SECRET INFORMATION,” and identifying each section and page which has been so marked.

b) Include a statement with its Proposal justifying the Proposer’s determination that certain records are trade secret information for each record so defined.

c) In addition to the Proposal uploaded to Euna, upload a second copy of the Proposal (as an attachment) that has all the trade secret information deleted, and label this copy of the Proposal “Public Copy.” If a Proposer uploads a Proposal containing no trade secret information, no "Public Copy" needs to be submitted. However, any Proposer that submits a Proposal containing no trade secret information must so certify in a cover letter to its Proposal; and

d) Defend any action seeking release of the records it believes to be trade secret information and indemnify, defend, and hold harmless UTA and the State of Utah and its agents and employees from any judgments awarded against UTA and its agents and employees in favor of the party requesting the records, including any and all costs connected with that defense. This indemnification survives UTA’s cancellation or termination of this procurement or award and subsequent execution of the Contract. In submitting a Proposal, the Proposer agrees that this indemnification survives as long as the trade secret information is in possession of UTA.

All records pertaining to this procurement will become public information after the execution of the Contract, unless such records are identified as trade secret information as specified above. No liability will attach to UTA for the errant release of trade secret information by UTA under any circumstances.

5. Submitting Questions to UTA Questions and Requests for changes to the RFP must be submitted via the Euna Q&A page before the end of the Question and Answer period. UTA’s answers to timely questions will be posted on the Euna Q&A page. All communications regarding this RFP should be addressed solely to the Contract Administrator whose name and contact information are listed on the Cover Page of the RFP.

6. Requests for Approved Equals or Changes Whenever a brand, manufacturer, or product name is indicated in this RFP, it is included only for the purpose of establishing identification and a general description of the item. Wherever such names appear, the term "or approved equal" is considered to follow.

Requests for Approved Equals must be submitted via Euna Q&A page. UTA retains the discretion to withhold approval for one or more requested equals if the magnitude of requested approvals exceeds UTA’s available resources to allow for adequate evaluation in support of a timely procurement.

Any request for an approved equal must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal or better than the RFP requirement.

UTA will only assess requests for approved equals if the price of the substitute product is competitive with the price of the product specified in the RFP, as determined by UTA in its sole discretion.

It should be understood that specifying a brand name, components, and/or equipment in this RFP will not relieve the Proposer from its responsibility to provide the product in accordance with the performance warranty and contractual requirements. The Proposer will notify UTA of any inappropriate brand name, component, and/or equipment that may be called for in this RFP and will propose a suitable substitute for consideration.

7. Addenda to the Request for Proposals UTA reserves the right to make changes to the RFP by issuing a written addendum to the RFP which will be posted to Euna.

8. Multiple or Alternative Proposals The submission of multiple or alternative Proposals, except as specifically called for in the RFP, may render all such Proposals non-responsive and may cause the rejection of some or all of such Proposals.

9. Withdrawal of Proposals A Proposer may withdraw its Proposal from Euna before the Proposal due date without prejudice to itself.

10. Cost of Proposals UTA is not liable for any costs incurred by Proposers in the preparation, presentation, or negotiation of Proposals submitted in response to this RFP.

11. Examination of Request for Proposals The submission of a Proposal constitutes an acknowledgment upon which UTA may rely that the Proposer: (i) has thoroughly examined and is familiar with the RFP, including the contractual terms in Part 4, (ii) is familiar with any work site identified in the RFP, and (iii) has reviewed and inspected all applicable statutes, regulations, ordinances, and resolutions addressing or relating to the goods and services to be provided hereunder. The failure or neglect of a Proposer to receive or examine such documents, work sites, statutes, regulations, ordinances, or resolutions will in no way relieve the Proposer from any obligations with respect to the Proposer’s Proposal or to any contract awarded pursuant to this RFP. No reduction or modification in the Proposer’s obligations will be allowed based upon a lack of knowledge or misunderstanding of this RFP, work sites, statutes, regulations, ordinances, or resolutions.

12. Firm Offer Unless otherwise stated in this RFP, submission of a Proposal constitutes an offer to provide the goods or services described in the RFP, for the price set forth in the Proposal. Such offer must be good and firm for a period of ninety (90) days after the Deadline to Submit Proposals.

B. SELECTION PROCESS

1. No Public Opening This is an RFP and, as such, the Proposals submitted in response to this RFP will not be subject to a public opening.

2. UTA’s Procurement Options Based on submitted information, UTA may do or take any of the following actions, without limitation:

· Select a Proposer based solely on the written proposals, with or without subsequent negotiations.

· Ask for more information or clarifications before making a selection.

· Use presentations, interviews, or problem-solving exercises before making a selection.

· Under specific circumstances described in the Utah Procurement Code, determine a Competitive Range, conduct Discussions, and/or request Best and Final Offers (BAFO) before making a selection if a material error in the RFP is discovered during the evaluation process, UTA may issue an addendum to all Proposers that have submitted Proposals requesting revised Proposals based upon the corrected RFP.

· Decline to accept any Proposal.

· Re-advertise.

· Cancel the procurement or

· Elect to otherwise procure the needed services in accordance with UTA policy and procedures.

UTA reserves the right to negotiate price, scope, schedule, and other contract terms with the preferred Proposer after a selection is made.

3. Responsibility UTA will not select a Proposer who is deemed by UTA, in its sole discretion, to lack the ability or responsibility to perform successfully under the terms of the contract. Such determination of responsibility may encompass management, technical, legal, financial matters and cyber security preparedness. Proposers deemed to be not responsible to cyber security risk factors will be notified and may be given an opportunity to remediate.

4. Checking References UTA reserves the right to contact any reference specifically named by the Proposer in its Proposal or any other additional references as deemed appropriate by UTA, including references suggested by the Proposer's named references or references known to UTA through its own knowledge of the transportation industry.

5. Requests for Clarification The Proposer will provide accurate and complete information to UTA. If information is incomplete, contains a clerical error, or is otherwise unclear, UTA may either (i) declare the Proposal non-responsive, (ii) evaluate the Proposal as submitted, or (iii) issue a Request for Clarifications to the Proposer stating the information needed and a date and time by which the information must be provided.