12-2086343 - Misc NABI Cooling Parts.pdf

Form 33.201 (01/18) Page 1 of 2

DALLAS AREA RAPID TRANSIT

SOLICITATION, OFFER AND AWARD FORM

SOLICITATION INFORMATION

INVITATION FOR BID (IFB)

1. SOLICITATION NO.: B-2086343 4. BRIEF DESCRIPTION:

2. ISSUE DATE: JANUARY 29, 2026

Miscellaneous Cooling Parts Used on Dallas Area Rapid Transit (DART’s) NABI CNG Bus Fleet

3. FOR INFORMATION CONTACT: (No collect calls)

NAME: Audrey Hayes

TELEPHONE: 214-749-3485 FAX: 214-749-3666

E-MAIL: Ahayes1@dart.org

5. PRE-BID CONFERENCE: **** There WILL NOT be a conference. **** (If a conference is scheduled, see the applicable clause in Exhibit C for more information.)

DATE: N/A TIME: N/A

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

DART VIA BONFIRE ELECTRONIC SUPPLIER POTRAL.

HARD COPIES SHALL NOT BE ACCEPTED.

DATE: February 19, 2026

TIME: 2:00 PM Local Dallas

8. SUBMIT WITH OFFER: Upload (1) offer including exhibits and attachments so indicated on Page 2 of this form.

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 SBE participation for this contract is as follows based on: Percentage of the total contract amount, or Other

% SBE:

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

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

Name:

Signature: ____________________________________

Date: ____/____/____

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

⚫ Schedule Schedule 33.202A YES

⚫ Exhibit A Representations and Certifications 33.204 YES

⚫ Exhibit B Special Solicitation Instructions and Conditions 33.B

⚫ Attachment 1A 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 33.301

⚫ Exhibit G SBE Program, Attachment 1, and Attachment 2 33.213 YES

⚫ Exhibit I Specifications Exhibit I

⚫ 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

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.)

B-2086343

Form 33.202A (06/10) Page 1 of 3

DALLAS AREA RAPID TRANSIT

DALLAS, TEXAS

SCHEDULE

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

NOTE: For Invitations for Bids the terms "Offer" and "Offeror" shall mean "Bid" and "Bidder", respectively; and for Request for Proposals the terms "Bid" and "Bidder" shall mean "Offer" and "Offeror", respectively, in this solicitation and any associated exhibits.

THE OFFEROR MUST SIGN AND DATE THIS SCHEDULE WHERE PROVIDED

AND SUBMIT ALL PAGES WITH THE OFFER.

The line item unit price(s) for both the Base Contract and Option Years, if applicable, must include all costs that the offeror intends to recover, such as, but not limited to: supervision, labor, equipment, materials, vehicle licensing, vehicle title, warehousing, freight, pick-up, financing, carrying charges, and all other such charges to accommodate the supplies/services and delivery requirements. No price adjustments will be made, unless specifically provided for by an additional provision included in this contract. (B-100.07A, SEP 06)

Line Item

Number

DART

Stock

Number

BASE TERM – ONE (1) YEAR

DESCRIPTION

Unit of

Measure Estimated Quantity Price Per Unit

Total Extended

Price Lead Time

1 09-CG-0001

VALVE PRESSURE RELIEF SURGE TANK

Manufacturer: McGregor #M-620

Equal Manufacturer: _____________ Part #: __________

Each 155 $ $

2 09-CG-0002

HOSE SURGE TANK

Manufacturer: NABI #500-1315-042 V

Equal Manufacturer: _____________ Part #: __________

Each 15 $ $

3 09-CG-0003

HOSE SURGE TANK

Manufacturer: NABI #42F-3815-011

Each 10 $ $

4 09-CG-0004

HOSE SURGE TANK SHORT

Manufacturer: NABI #500-8400-182

Each 15 $ $

5 09-CG-0006

SURGE TANK ASSY ONE PORT HOLE

Manufacturer: NABI #500-1315-310

Equal Manufacturer: _____________ Part #: __________

Each 15 $ $

6 09-CG-0010

HOSE SILICONE 3.0-2.5

Manufacturer: NABI #542-1310-003

Each 240 $ $

7 09-CG-0012

HOSE ELBOW 90? 4" ID SILICONE

Manufacturer: Thermopol #2W05AN400AB05

Each 45 $ $

Form 33.202A (06/10) Page 2 of 3

Line Item

Number

DART

Stock

Number

BASE TERM – ONE (1) YEAR

DESCRIPTION

Unit of

Measure

Estimated Quantity

Price Per Unit

Total Extended

Price

Lead Time

8 09-CG-0021

PUMP MARINE 16GPM

Manufacturer: Ametek Tech & Industrial Prod. #150178-21

Equal Manufacturer: _____________ Part #: __________ Each 65 $ $

9 09-CG-0045

WIRE HARNESS RADIATOR, FANS GEN 2

Manufacturer: Modine #3A058535

Equal Manufacturer: _____________ Part #: __________ Each 85 $ $

10 09-CG-0047

ELBOW 90, SILICONE 4PLY, 4.2X9

Manufacturer: NABI #500-1315-027

Equal Manufacturer: _____________ Part #: __________ Each 200 $ $

11 09-CG-0072

BRACKET ASSY, EMP SURGE TANK

Manufacturer: New Flyer #540-1315-010

Equal Manufacturer: _____________ Part #: __________ Each 45 $ $

12 09-CG-0077

CLOSEOUT, MODINE RADIATOR

Manufacturer: New Flyer #540-1305-05

Equal Manufacturer: _____________ Part #: __________ Each 45 $ $

13 09-CG-0080

ISOLATOR, MOUNT

Manufacturer: R&L Strategic #CB-1121-4

Equal Manufacturer: _____________ Part #: __________ Each 40 $ $

14 09-CG-0083

BRACKET, RAD SUPPORT

Manufacturer: New Flyer #540-1301-020

Equal Manufacturer: _____________ Part #: __________ Each 5 $ $

15 09-CG-0085

CLAMP, T-BOLT 4.06"- 4.38"

Manufacturer: RG Ray #66765

Equal Manufacturer: _____________ Part #: __________ Each 60 $ $

16 09-CG-0103

CABLE TIE MOUNT, WINGED PUSHED BARB, NYLON

Manufacturer: PANDUIT #TM2PWH25C

Equal Manufacturer: _____________ Part #: __________ Each 200 $ $

17 09-CG-0108

HOSE HEAVY WALL HEATER SILICONE BLUE

(10 FT=1 EA’)

Manufacturer: Purosil #67231000050

Equal Manufacturer ____________ Part #: __________

Each 90 $ $

Total Amount $ ________________

Form 33.202A (06/10) Page 3 of 3

Note: Failure to check the box next to the manufacturer part number or the equal manufacturer that will be provided for each line item, will result in a non-responsive bid.

NAME & TITLE OF OFFEROR'S REPRESENTATIVE: SIGNATURE & DATE:

(print or type)

(Name & Title) (Signature of Offeror's Representative)

(Offeror's Name)

Form 33.204 (11/25) Page 1 of 9 Exhibit A

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT A

REPRESENTATIONS AND CERTIFICATIONS

(LOCALLY FUNDED SUPPLY/SERVICE OR CONSTRUCTION CONTRACTS)

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

TABLE OF CONTENTS

1. Contingent Fee (A-103, NOV’25)

2. Covenant Against Gratuities (A-105, NOV.’25 )

3. Interest of Public Officials (A-104 NOV’25)

4. Small Business Enterprises or Small Business Concern (SBC) (A-121, NOV ’25)

5. Parent Company and Identifying Data (A-108, NOV ‘25)

6. Type of Business (A-101, NOV ‘25)

CERTIFICATIONS

7. Certificate Concerning Board Members and Employees of the Authority (A-116, NOV ‘25)

8. Certification of Independent Price Determination (A-109, NOV ‘25)

9. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (A-126, NOV 25)

10. Communication Policy and Certification (A-129, NOV ‘25)

11. Conflict of Interest Certification (NOV ’25)

12. Drug-Free Workplace Program Certification (3-803.03, NOV ‘25)

13. Small Business Enterprise / Small Business Concern Goals (A-123, NOV’ 25)

14. Non-Discrimination Assurance (A-130, NOV ‘25)

15. Contractor Certification Regarding Boycotting Israel (A-131, NOV ‘25)

16. Contractor Certification Regarding Discrimination Against Firearm Entity or Firearm Trade Association (NOV ’25)

17. Contractor Certification Regarding Boycotting Certain Energy Companies (NOV ’25)

REPRESENTATIONS

1. Contingent Fee (A-103, NOV’25)

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, NOV.’25)

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 NOV’25)

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.

4. Small Business Enterprises or Small Business Concern (SBC) (A-121, NOV ’25)

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

is is not

Form 33.204 (11/25) Page 2 of 9 Exhibit A a small business enterprise or Small Business Concern (SBC). A SBE is defined pursuant to Section 3 of the Small Business Act (15 USC. 632) and the Small Business Administration regulations implementing it (13 CFR Part 121) that also does not exceed the cap on average annual gross receipts specified in section 26.65(b). Furthermore, a Small Business Concern is considered to be a legitimate small business if the business has been certified as such by the Small Business Administration, a certifying entity member of the Texas Unified Certification Program or by DART.

5. Parent Company and Identifying Data (A-108, NOV ‘25)

(a) 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.

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

(c) 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 #:

6. Type of Business (A-101, NOV ‘25)

(a) 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 ________________________.

(b) If incorporated, under the laws of the State of:

(c) Age of the firm: ____ years, ____ months

(d) Previous year’s annual gross receipts:

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

Form 33.204 (11/25) Page 3 of 9 Exhibit A

CERTIFICATIONS

7. Certificate Concerning Board Members and Employees of the Authority (A-116, NOV ‘25)

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.

(a) 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.

(b) 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:

(c) 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.

(d) 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.

(e) 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, NOV ‘25)

(a) 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:

Form 33.204 (11/25) Page 4 of 9 Exhibit A

(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.

(b) 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 25)

(a) 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

(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.

(b) 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.

Form 33.204 (11/25) Page 5 of 9 Exhibit A

(c) 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, NOV ‘25)

(a) 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.

(b) 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}

(c) 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.

(d) 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.

11. Conflict of Interest Certification (NOV ’25)

By submission of this offer, I certify that:

(a) I have read and understand the provisions of this section and understand the General Provisions Clause entitled in the “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.

(b) I understand the Authority has an extensive conflict of interest policy that includes the following:

1. Organizational Conflicts of Interest:

Organizational conflicts of interest, real or apparent, include, but are not limited to, the following:

• Lack of Impartiality or Impaired Objectivity. This occurs when a contractor is unable, or potentially unable, to provide impartial and objective assistance or advice to the Authority due to activities, relations, contracts, or other circumstances.

Form 33.204 (11/25) Page 6 of 9 Exhibit A

• Unequal Access to Information. This occurs when the contractor has an unfair competitive advantage through obtaining access to nonpublic information during the performance of an earlier contract.

• Biased Ground Rules: This occurs when during the conduct of an earlier procurement, the contractor has established the ground rules for future procurement by developing specifications, cost estimates, evaluation factors, or other similar documents.

• Evaluation of Prior Work Product: This occurs when the contractor would be in a position to evaluate its own prior work product as part of this contract, whether the prior work product is performed on behalf of the Authority or another public or private entity; or as part of this Contract the contractor would be in a position to assess its prior work product whether or not it was performed on behalf of the Authority or another public or private entity.

With its submission, the Offeror must provide a list of all existing contracts with the Authority and any contracts that the Contractor has had with the Authority over the past five (5) years that may have expired or been terminated. The list must include the contract number, contract name, month and year of contract award, and, as applicable, month and year of termination.

2. Personal Conflicts of Interest:

Personal conflicts of interest include, but are not limited to, the following:

• Actual Personal Conflict of Interest: A conflict exists if an employee (including temporary, part-time, and seconded employees), members of an employees’ immediate family (an employee’s spouse, children, stepchildren, mother, father, brother, sister or any other relative residing in the employee’s household), agents of the Authority (including contractors or organizations which represent or act on behalf of the Authority), and agents of the Authority employees or employees’ immediate family has a direct or indirect financial, business, or close personal relationship with any entity that does business with DART or seeks to do business with DART, now or in the foreseeable future, that a reasonable person would conclude would alter the employee’s impartial judgment or performance of his/her duties.

• Potential Personal Conflict of Interest: A conflict exists if the employee or any member of the employee’s immediate family is considering an offer of employment or is actively seeking employment with any entity that does business with DART or seeks to do business with DART now or in the foreseeable future.

3. Agency Conflicts of Interest:

Agency conflicts of interest are activities that a contractor may be engaged in that may counter the interests of the Authority and include, but are not limited to, the following:

• Litigatory Conflict of Interest: This conflict exists when the contractor has existing or pending claim, protest, or litigation against the Authority. Offeror must identify all active or pending claim, protest, or litigation against the Authority.

• Member City Conflict of Interest: This conflict exists when the contractor has an existing contract with a DART member city that will or has the appearance that it will impair the contractor from prioritizing DART’s needs. Offeror must identify all related contracts it has with DART’s member cities so the Authority can determine if a conflict exists.

• Competing Interest Conflict of Interest: This conflict exists when the contractor has an existing contract with another transit agency or organization that will or has the appearance that it will impair the contractor from prioritizing DART’s needs. Offeror must provide a list of contracts with other transit agencies where it may have a competing interest against DART’s.

(c) Mark the applicable provision(s) with an "X":

To the best of my knowledge and belief, no employee of my firm has a direct or indirect financial, business, or close personal relationship with any Authority employee, any members of their immediate families, agents of the Authority, or agents of Authority employees or their immediately families, nor are any Authority employees or any member of their immediate family considering an offer of employment or is actively seeking employment with my firm;

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.

Form 33.204 (11/25) Page 7 of 9 Exhibit A

To the best of my knowledge and belief, no real or apparent organizational conflicts of interest exist between my firm and the Authority, and a list of all existing contracts that my firm has had with the Authority over the last five (5) yeas that may have expired or been terminated will be included with my firm’s submission.

A real or apparent organizational conflicts of interest exists between my firm and the Authority and a letter to the Contracting Officer explaining that organizational conflict of interest is attached to this Exhibit A.

To the best of my knowledge and belief, no Agency conflicts of interest exist, and my firm is not engaged in activities that may counter the interests of the Authority.

An Agency conflict of interest exists between my firm and the Authority and a letter to the Contracting Officer explaining that Agency conflict of interest is attached to this Exhibit A.

(d) The requirement of this certification has been passed through to all first-tier subcontractors or subconsultants anticipated to be used at the time of the submission of my proposal.

12. Drug-Free Workplace Program Certification (3-803.03, NOV ‘25)

This certification applies to certain commercial products and services contracts as well as to all construction contracts with the Authority. The Contractor shall comply with all applicable local, state, and federal laws, standards, rules and regulations concerning Substance Abuse Programs, including, but not limited to Federal Acquisition Regulation (FAR) 52.226-7, “Drug-Free Workplace”, 49 CR Part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations” and 49 CFR Part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

(a) 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.

(b) 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.

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

13. Small Business Enterprise / Small Business Concern Goals (A-123, NOV’ 25)

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 "Small Business Concerns Provisions," and will meet such goals as are established in any ensuing contract.

14. Non-Discrimination Assurance (A-130, NOV ‘25)

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, NOV ‘25)

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:

(a) Does not boycott Israel; and

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

Form 33.204 (11/25) Page 8 of 9 Exhibit A

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 (NOV ’25)

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 association; 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 (NOV ’25)

Texas Government Code Chapter 2276.002 prohibits DART from entering 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 §809.01. “Government 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 team of the contract.

Form 33.204 (11/25) Page 9 of 9 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:

33.B (11/25) Page 1 of 3 Exhibit B

Dallas Area Rapid Transit Authority

EXHIBIT B

SPECIAL SOLICITATION INSTRUCTIONS and CONDITIONS

Table of Contents

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

2. Submission of Schedule of Subcontractor(s)/Subconsultant(s) (B-100.23, SEP 03)

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

4. Descriptive Literature (B-100.13A, FEB 05) Attachment 1 to Exhibit B - Schedule of Subcontractor(s)/Subconsultant(s)

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 firms or individuals interested in providing Miscellaneous Cooling Parts Used on Dallas Area Rapid Transit (DART’s) NABI CNG Bus Fleet on an “as needed basis,” as described in Exhibit I, Specifications.

2. Submission of Schedule of Subcontractor(s)/Subconsultant(s) (B-100.23, SEP 03)

Each offeror should include a completed Schedule of Subcontractor(s)/Subconsultant(s) form provided as Attachment 1 to Exhibit B with their offer. The contents of the form may be a factor used in determining an offeror's responsibility.

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

(a) Item Pricing/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) Brand Name or Equal Brand Name Specifications (B-100.04B, OCT 04)

The items called for in this solicitation are identified by brand name with their respective salient characteristics. These brand name identifications are not intended to be restrictive. The salient characteristics provided are the minimum criteria that shall be acceptable to the Authority. Items offered must be the same brand names specified or different brand names that meet or exceed the salient characteristics listed. Offers for items that do not satisfy the required salient characteristics shall not be considered for award. The Authority reserves the right to determine if items meet or exceed the salient characteristics. Offers for "Equal Brand Name" items shall be considered for award if such items are clearly identified in the offer and are determined by the Authority to satisfy the stipulated salient characteristics.

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

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

33.B (11/25) Page 2 of 3 Exhibit B

(d) 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.

(e) Identification of Manufacturer’s Name and Part Number

For each line on the Schedule the bidders shall clearly identify whether or not the bidder is providing the brand name and part numbers identified therein, or whether the bidder is submitting an “or equals” item.

See paragraph 3 (b) above and 4 below if “or equals” apply.

(f) Sample Requirements

Upon request, the Contractor agrees to supply at no cost to DART samples of the products proposed for testing prior to contract award. Samples will be available and submitted to DART within five (5) days of request, oral and/or written, by DART and will be returned at Contractor’s cost only on request from Contractor after testing is complete. Parts returned may not be in the same condition as originally sent to and received by DART. Function test (if required) is verification that the parts meet the manufacturer’s specification and/or performance requirements.

(g) 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.

4. Descriptive Literature (B-100.13A, FEB 05)

(a) Bidders shall submit, along with the Schedule, descriptive literature for all items that are not described by specific manufacturer, and/or for items that the bidder is offering as an "Equal Brand Name."

Descriptive literature must be (1) received by the time specified in this solicitation for receipt of bids, and

(2) clearly marked to identify the specific item(s) of the bid to which it applies.

(b) "Descriptive literature" means information furnished, such as cuts, illustrations, drawings, and brochures that clearly shows an item’s characteristics, construction, or explains its operation.

(c) Descriptive literature is used to determine whether the item(s) offered comply with the solicitation requirements. It is used to identify details of the item(s) pertaining to such significant elements as: (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, and/or operation. Descriptive literature includes only that information required to determine the technical acceptability of the offered product. It does not include other information such as that used to determine a prospective contractor’s responsibility, or for maintaining the item(s).

(d) Failure of a bidder to submit descriptive literature on time, or failure of the descriptive literature to clearly show that the item(s) offered conform to the requirements of this solicitation shall result in rejection of the bid as nonresponsive.

33.B (11/25) Page 3 of 3 Exhibit B

Attachment 1 to Exhibit B - Schedule of Subcontractor(s)/Subconsultant(s) Offerors should provide information on all of their prospective subcontractor(s)/subconsultant(s) who submit bids/proposals in support of this solicitation (B-100.23A SEP 03).

Project Name: Miscellaneous Cooling Parts Used on Dallas Area Rapid Transit (DART’s) NABI

CNG Bus Fleet

Solicitation Number: B-2086343

Name of Prime Contractor: ________________________________________________________

NAMES AND ADDRESSES OF

SUBCONTRACTOR(S)/SUBCONSULTANT(S)

TYPE OF WORK TO BE

PERFORMED

SMALL BUSINESS

FIRM

(Check all that apply) **For Informational

Purposes Only**

NAME:

ADDRESS:

PHONE:

FAX: E-MAIL:

TAX ID #:

CONTACT PERSON:

TYPE OF WORK:

AGE OF FIRM:

YES □

NO □

NAME:

ADDRESS:

PHONE:

FAX: E-MAIL:

. YES □

PHONE:

FAX: E-MAIL:

PHONE:

FAX: E-MAIL:

Name/Title of Person completing this form: ______________________________________________

Signature______________________________________________ Date_____________________

Form 33.205L (11/25) Page 1 of 4 Exhibit C

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT C

SOLICITATION INSTRUCTION AND CONDITIONS

(INVITATION FOR BIDS – LOCALLY FUNDED SUPPLIES/SERVICES)

1. Acknowledgment of Amendments to Invitation for Bids (3-802.03, NOV. 25)

2. Administrative Remedies (10-102, NOV 25)

3. Authority-Furnished Property (3-802.08, NOV 25)

4. Award of Contract (3-802.07, NOV 25)

5. Cancellation of Solicitation (3-802.13, NOV 25)

6. Confidential Data (3-802.11, NOV 25)

7. Discounts (3-802.06, NOV 25)

8. Explanation to Bidders (3-802.02, NOV 25)

9. Late Submissions, Modifications, and Withdrawals of Bids (3-802.05, NOV 25)

10. Small Business Enterprise/Small Business Concern (SBC) Participation (B-100.17B, NOV 25)

11. Multiple or Alternate Offers Not Accepted (3-105, NOV 25)

12. Order of Precedence (3-802.10, NOV 25)

13. Pre-Bid Conference and Questions Concerning the Solicitation (B-100.02A, NOV 25)

14. Preparation of Bids (3-802.01, NOV 25)

15. Procurement Confidentiality (B-100.22A, NOV 25)

16. Submission of Bids (Except Quotes) (3-802.04, NOV 25)

1. Acknowledgment of Amendments to Invitation for Bids (3-802.03, NOV. 25)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation: (1) by signing and returning the amendment;

or (2) by identifying the amendment number and date in the space provided for this purpose on the bid form; (3) by letter;

(4) by facsimile, if facsimile bids are authorized in the solicitation; or (5) by email, if email bids are authorized in the solicitation. The Authority must receive the acknowledgment by the time and at the place specified for receipt of bids.

2. Administrative Remedies (10-102, NOV 25)

By submission of a bid, proposal, offer, or quotation in response to this solicitation, the bidder or offeror agrees to exhaust its administrative remedies under Chapter 10 of the Authority's Procurement Regulations and the Disputes Clause of any resulting contract prior to seeking judicial relief of any type in connection with any matter related to this solicitation, the award of any contract, and any dispute under any resulting contract.

3. Authority-Furnished Property (3-802.08, NOV 25)

No material, labor, or facilities will be furnished by the Authority unless otherwise provided for in the solicitation.

4. Award of Contract (3-802.07, NOV 25)

(a) The contract will be awarded to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Authority, considering only price and other price-related factors specified elsewhere in the solicitation.

A responsible bidder is one who affirmatively demonstrates to the Authority that the bidder has adequate financial resources and the requisite capacity, capability, and facilities to perform the contract within the delivery period or period of performance, has a satisfactory record of performance on other comparable projects, has a satisfactory record of integrity and business ethics, and is otherwise qualified and eligible to receive award under the solicitation and laws or regulations applicable to the procurement.

(b) The Authority reserves the right to reject any or all bids in part or in total for any reason, to accept any bid even if not the lowest bid if considered best for its interest, and to waive any informalities and minor irregularity in bids received.

(c) The Authority may accept any item or group of items of any bid, unless the bidder qualifies the bid by specific limitations.

Unless otherwise provided in the solicitation, bids may be submitted for any quantities less than those specified, and the Authority reserves the right to make an award on any item for a unit quantity less than the quantity offered at the unit prices bid unless the bidder specified otherwise in the bid.

(d) A written award (or acceptance of bid) which is mailed, electronically submitted or otherwise furnished to be the successful bidder within the time for acceptance specified in the solicitation shall be deemed to result in a

Form 33.205L (11/25) Page 2 of 4 Exhibit C binding contract without further action by either party.

5. Cancellation of Solicitation (3-802.13, NOV 25)

This solicitation may be cancelled by the Authority before or after receipt of bids or proposals (as applicable) in accordance with the provisions of Section 3-300 of DART's Procurement Regulations.

6. Confidential Data (3-802.11, NOV 25)

Each bidder may clearly mark each page of the bid that contains trade secrets or other confidential commercial or financial information which the bidder believes should not be disclosed outside the Authority. Disclosure of requested information will be determined in accordance with the Texas Open Records Act.

7. Discounts (3-802.06, NOV 25)

(a) Prompt payment discounts will not be considered in evaluating bids for award. However, offered discounts will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror, even though not considered in the evaluation of bids. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the contractor has not placed a date on the invoice, the due date shall be calculated from the date the correct invoice or voucher is received in the office specified by the Authority, provided the Authority annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date of the Authority's check, or, for an electronic funds transfer, the specified payment date.

8. Explanation to Bidders (3-802.02, NOV 25)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing via electronic submission from the Authority's Contracting soon enough to allow for a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of any contract, at any pre-bid conferences or otherwise, will not be binding on the Authority.