2-1.0 Instruct to Proposers.pdf

RFQ NUMBER 27-002 ITP-1 OF 12

1.0 – INSTRUCTIONS TO PROPOSERS

1.1 CONTRACTING AGENCY

The contracting agency is the South Florida Regional Transportation Authority (“SFRTA”), a body politic and corporate, a public instrumentality and an agency of the State of Florida, established pursuant to Chapter 343, Florida Statutes. SFRTA is governed by a 10-member appointed Board.

All SFRTA procurement activities are governed by the SFRTA Procurement Policy.

1.2 INTRODUCTION / INVITATION

SFRTA intends to enter into a Contract with qualified Proposer(s) to provide General Engineering Consultant (GEC) Services to SFRTA as generally described in the Scope of Services.

This Request for Qualifications (“RFQ”) solicits written responses from qualified Proposers interested in providing the Services needed for this Project.

All responses to this Request for Qualifications MUST be submitted ELECTRONICALLY through the South Florida Regional Transportation Authority’s official e-procurement platform powered by Bonfire. Solicitation responses submitted by any other means WILL NOT be accepted. Bids received after the assigned date and time are not permitted by the bidding system.

A copy of the complete solicitation package may be obtained from the South Florida Regional Transportation Authority’s website: https://tri-rail.bonfirehub.com/

If you are not registered as a vendor with the South Florida Regional Transportation Authority (SFRTA), you may do so, at no charge, which will then provide you with automatic notifications when SFRTA posts solicitations. The solicitation is also advertised through DemandStar; however, proposals must be submitted through the South Florida Regional Transportation Authority’s website: South Florida Regional Transportation Authority (bonfirehub.com)

1.3 PURPOSE

The purpose of the RFQ is to assist SFRTA in the evaluation of each Proposer’s ability to provide the desired Services.

This document shall outline the elements of the Proposal, the RFQ evaluation method, Contractor selection process, and Contract execution. SFRTA intends to execute a Contract with the responsive and responsible Contractor(s) whose Proposal is determined to be the most advantageous to SFRTA.

https://tri-rail.bonfirehub.com/ https://tri-rail.bonfirehub.com/portal/?tab=login

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1.4 SCHEDULE OF EVENTS

Key milestone dates associated with the submission of a Proposal are listed below:

ACTIVITY DATE TIME (EDT)

RFQ Advertised 9/8/26 N/A Pre-Proposal Meeting 9/15/26 10:00 a.m.

Last day for Questions 10/1/26 3:00 p.m.

Proposals Due Date 10/12/26 2:00 p.m.

Evaluation Committee Meeting TBD TBD

Note: All dates and times above are subject to change at the discretion of SFRTA.

1.5 PRE-PROPOSAL MEETING

SFRTA will conduct a Pre-Proposal Meeting at the date and time shown under Section 1.4. The meeting will be held via telephone or video conferencing.

The meeting will be held via telephone or video conferencing. Details for accessing the meeting will be posted to Bonfire. ATTENDANCE AT THIS MEETING IS NOT MANDATORY.

The purpose of the Pre-Proposal Conference is to provide an open forum for SFRTA to review the RFQ and the Project with the prospective Proposers and to respond to any questions on the RFQ and/or the Project.

1.6 BONFIRE E-PROCUREMENT INSTRUCTIONS

1.6.1 All Proposers shall have a Bidding System Vendor account and be registered as a vendor/contractor for this bid opportunity, which will enable the Proposer to download the solicitation document, to receive addenda email notifications.

1.6.2 To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Bidding System Vendor account and be registered as a Vendor/Contractor for the solicitation opportunity.

1.6.3 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System.

Hardcopy submissions are not permitted.

1.6.4 Proposers are cautioned that the timing of their Proposal Submission is based on when the Proposal is RECEIVED by the Bidding System, not when a Proposal is submitted, as Proposal transmission can be delayed due to file transfer size, transmission speed, etc.

1.6.5 For the above reasons, it is recommended that enough time to complete your Proposal Submission and to resolve any issues that may arise is allowed. The closing time and date shall be determined by the Bidding System's web clock. Proposers should contact Bonfire support listed

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below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems.

1.6.6 The Bidding System will send a confirmation email to the Proposer advising that their proposal was submitted successfully. If you do not receive a confirmation email, contact Bonfire support at https://tri-rail.bonfirehub.com/portal/support.

1.6.7 Late Proposals are not permitted by the Bidding System. To ensure receipt of the latest information and updates via email regarding this proposal, or if a Proposer has obtained this Proposal Document from a third party, the onus is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the proposal opportunity.

1.6.8 Proposers may edit or withdraw their Proposal Submission prior to the closing time and date. However, the Proposer is solely responsible to ensure the resubmitted proposal is received by the Bidding System no later than the stated closing time and date.

1.7 ORAL INSTRUCTIONS AND COMMUNICATIONS

1.7.1 Oral Instructions. No negotiations, decisions or actions shall be initiated or executed by a Proposer as a result of any oral discussions with any SFRTA Board member, employee, or consultant. No interpretation of the meaning of the Contract Documents and no correction of any apparent ambiguity, inconsistency or error therein will be made orally to any Proposer. All such interpretations and supplemental instructions will be issued to all Proposers in receipt of this RFQ, in the form of written Addenda/Addendum, as indicated in Section 1.8. Only those communications that are in writing from SFRTA shall be considered as a duly authorized expression on behalf of SFRTA.

Also, only written communications from Proposers will be recognized by SFRTA as duly authorized expressions on behalf of the Proposers.

Questions related to the solicitation are to be submitted to the Purchasing representative through the on-line Bidding system only by clicking on the “Ask a Question” button for this specific bid opportunity. Changes, if any, to the technical specifications or proposal procedures will only be transmitted by a written addendum which will be posted and must be acknowledged by Proposer. In order for questions to be answered in a timely manner, they must be received no later than the date and time specified in Section 1.4 above. Written questions received after the date specified in Section 1.4 may not be answered. Proposers are responsible for ensuring that their questions have been received by SFRTA.

1.7.2 CONE OF SILENCE PROHIBITION ON COMMUNICATIONS.

EXCEPT AS PROVIDED FOR BELOW, ANY COMMUNICATIONS BETWEEN ANY

POTENTIAL VENDOR, SERVICE PROVIDER, PROPOSER, LOBBYIST OR CONSULTANT

AND ANY BOARD MEMBER, EMPLOYEE, COMMITTEE MEMBER, OR

CONSULTANT/CONTRACTOR OF SFRTA REGARDING THIS PROCUREMENT ARE

STRICTLY PROHIBITED FROM THE DATE ON WHICH THE SOLICITATION

ADVERTISEMENT APPEARS ON SFRTA’S WEBSITE OR NEWSPAPER THROUGH THE

DATE OF CONTRACT AWARD OR FROM THE DATE OF THE FILING OF ANY NOTICE

https://tri-rail.bonfirehub.com/portal/support

RFQ NUMBER 27-002 ITP-4 OF 12

OF PROTEST OF AWARD THROUGH RESOLUTION FOR THE PARTIES INVOLVED IN

THE PROTEST OR CONTRACT AWARD, WHICHEVER IS LONGER.

Any violation of the Cone of Silence requirements shall constitute grounds for immediate and permanent disqualification of the offending firm and possible debarment or suspension.

The only exceptions to the Cone of Silence are: (i) any communications with the SFRTA Chief Contracting Officer or SFRTA’s designated point of contact; (ii) site visits to the apparent successful proposer’s facilities (iii) any communications made on the record at a publicly noticed meeting of SFRTA, or (iv) negotiation meetings held by the Chief Contracting Officer.

1.8 ADDENDA AND CLARIFICATION

Addenda. In the event that SFRTA finds it necessary to supplement or modify any portion of the RFQ during the Proposal preparation period, such procedure(s) shall be accomplished by issuance of written Addenda. Addenda will be posted to Bonfire.

All Addenda will be in writing from SFRTA with content and number of pages described to all Proposers. Each Proposer must acknowledge receipt of all Addenda by signing the acknowledgment in the Addendum Acknowledgment on the Proposal Form (Exhibit 2). In the event of conflicts in the Addenda, the most recent Addendum will govern.

Addenda subject matter takes the same precedence of the respective subject matter that it is modifying. In the event of conflicts in the addenda, the most recent addendum will govern.

Reference herein to the RFQ shall include all addenda, unless specifically noted.

1.9 RESERVED

1.10 SUBCONSULTANTS AND SUBCONTRACTORS

All Subconsultants or Subcontractors are subject to SFRTA approval. SFRTA reserves the right to reject any and all Subconsultants or Subcontractors listed by the Proposer and bears no responsibility or liability to the Proposer or Subconsultants or Subcontractors for any commitments made regarding the use of particular Subconsultants or Subcontractors for the Project.

The Proposer shall provide a list with its Proposal of all Subconsultants and Subcontractors that may perform Services on the Project. No changes to the list of Subconsultants and Subcontractors can be made after the deadline for submitting of Proposals without prior, written approval by

SFRTA.

Subconsultants and Subcontractors shall have been successfully engaged in the particular type of business for a reasonable period of time and be qualified both technically and financially to perform the Work for which they are listed.

Subconsultants or Subcontractors failing to meet the above requirements shall be replaced by the Proposer at no additional cost to SFRTA, and substitutes are subject to SFRTA's approval.

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1.10.1 Teaming. Proposers must select between submitting as a Prime Contractor (the “Proposer”) or a Subcontractor when responding to this solicitation. Firms electing to submit as a Prime Contractor may only respond once to this solicitation. In other words, Prime Contractors are limited to participation on a single team. If submitting as a Prime Contractor, a Proposer may not participate as a Subcontractor on another proposal for the same solicitation. If a Proposer fails to adhere to these restrictions and participates in more than one proposal, then the proposal which includes the Proposer as a Prime Contractor shall be found non-responsive.

1.11 RIGHT TO REJECT

1.11.1 General. SFRTA, at its sole and absolute discretion, reserves the right to cancel and withdraw this RFQ at any time, to reject any or all Proposals and reserves the right to make an award based solely on the written Proposals as submitted.

1.11.2 Responsiveness of Proposals and Disqualification. All Proposals must be in writing. A responsive Proposal is an offer which complies with and conforms to the requirements of the RFQ.

Proposals which, in the opinion of SFRTA, are non-responsive will be rejected. Proposals may be rejected if found to be conditional, irregular or not in conformance with the requirements and instructions contained herein. A Proposal may be found to be irregular or non-responsive for reasons including failure to utilize or complete forms, conditional Proposals, incomplete Proposals, indefinite or ambiguous Proposals and improper and/or undated signatures. All Proposals must be typed.

SFRTA’s Chief Contracting Officer shall perform an initial responsiveness determination of Proposals received, and may utilize SFRTA Procurement staff and may consult with SFRTA consultants to assist with his/her review. Any Proposal containing conditions that may change the terms and conditions of the Contract Documents will be rejected as nonresponsive. Conditions include assumptions, exceptions, qualifications, points of discussion, and all other terms submitted by Proposers that may materially affect the Work. Failure to follow these simple instructions will result in Proposals being found nonresponsive. All questions or request for changes to the Solicitation Documents may only be submitted during the question and answer period. All Proposals, generally, are public records subject to the provisions of Chap. 119, Fla. Stat., unless there is a specific exemption that applies to some portion of the Proposal. Only those pages to which a public records exemption applies shall be marked as “confidential”, “proprietary” or “trade secret” with the correct statutory citation for the exemption stated on each page containing information that the Proposer claims is exempt. For every page marked “confidential”, “proprietary” or “trade secret”, the Proposer shall provide, in compliance with Florida law, the same page with such information redacted.

1.11.3 Conditions Causing Disqualification of Proposers. Other conditions, which may cause rejection of Proposals, include, but are not limited to, a Proposer submitting more than one Proposal, qualified or contingent proposals, evidence of collusion among Proposers, obvious lack of experience or expertise to perform the Work, failure to perform or meet financial obligations for previous contracts, or evidence that a Proposer has a financial interest in another Contractor for the Work under this RFQ.

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Proposals may be rejected if more than one Proposal is received from an individual, Firm, partnership, or corporation, or combination thereof, under the same or different names. Such duplicate interest may cause the rejection of all Proposals in which such Proposer has participated.

1.11.4 Waivers. SFRTA, at its sole and absolute discretion, reserves the right to waive minor informalities or irregularities in this RFQ or in the Proposals received as part of this RFQ; where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor irregularities are defined as those that will not have an adverse effect on SFRTA’s interest and will not materially affect the price of the Proposals by giving a Proposer an advantage or benefit not enjoyed by other Proposers.

1.12 MODIFICATION, RE-SUBMITTAL AND WITHDRAWAL OF PROPOSALS

A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the due date and time shown in Section 1.4; only the latest version of the Proposal will be considered and evaluated. Any such revisions must be clearly provided so that no determination by SFRTA is necessary as to the portion of the Proposal to be replaced or modified.

Proposals may be withdrawn prior to the due date and time shown in Section 1.4. Modifications and withdrawals will be done via Bonfire.

1.13 PROPOSAL SUBMITTAL REQUIREMENTS

1.13.1 Proposals shall consist of two parts: (1) a Technical Proposal; and (2) the completed Required Documents (listed below). All Exhibits provided in Section 1.1. are incorporated herein and made a part hereof.

Proposer shall complete and notarize, where applicable, the Required Documents listed below:

• Proposal Form ........................................................................................................... Exhibit 2

• Contractor's Qualification Certification .................................................................... Exhibit 3

• Drug-Free Workplace Certification .......................................................................... Exhibit 4

• Truth in Negotiation Certificate ................................................................................ Exhibit 5

• E-Verify Certification ............................................................................................... Exhibit 6

• Certification Regarding Scrutinized Companies ...................................................... Exhibit 7

• Human Trafficking Affidavit .................................................................................... Exhibit 8

Federal Requirements Certifications

• Schedule of Subcontractors................................................................................. FR Exhibit 1

• Federal Tax Liability and Felony Convictions Certification .............................. FR Exhibit 8

• Debarment & Suspension Certification .............................................................. FR Exhibit 9

• Restriction on Lobbying and Non-Collusion .................................................... FR Exhibit 14

• Contractor Acknowledgement .......................................................................... FR Exhibit 17

The Proposer’s Financial Information is to be included in the Required Documents.

1.13.2 Proposals shall be received only from those Proposers that obtained documents from SFRTA via https://tri-rail.bonfirehub.com/.

https://tri-rail.bonfirehub.com/

RFQ NUMBER 27-002 ITP-7 OF 12

1.13.3 All Proposals must be received by the date and time shown in Section 1.4 of the RFQ.

Proposals received after that time and date will not be considered.

1.13.4 Failure to acknowledge all Addenda on the Proposal Form (Exhibit 2) issued by SFRTA shall be cause for rejection.

1.13.5 Proposals MUST be structured in the format outlined by SFRTA in Section 1.14 of the RFQ. Proposals that do not meet this requirement may be rejected.

1.13.6 All Proposals and associated forms shall be completed and notarized (if applicable), signed and dated by a duly authorized representative of the Proposer.

1.13.7 The Technical Proposal must be on paper size 8 ½” x 11” with a minimum font size of 12

pt. Technical Proposals are not to exceed 25 single-sided pages (exclusive of the cover letter, table of contents, section dividers, and Required Documents). Technical Proposals that do not meet these requirements may not be accepted for review. Technical Proposals exceeding the page limit may have pages removed that exceed the 25-page limit. The decision to deem a Proposal non-responsive for failing to comply with the 25-page limit, or to remove certain pages to reduce the Technical Proposal to the 25-page limit shall be determined by SFRTA’s Chief Contracting Officer at his/her sole and absolute discretion and shall be made during the initial responsiveness determination. If the SFRTA Chief Contracting Officer decides to remove pages from the Technical Proposal, the amended Technical Proposal shall be the version submitted to the Evaluation Committee. By submittal of the Proposal, the Proposer is explicitly agreeing to be bound by the SFRTA Chief Contracting Officer’s decision regarding this issue and agrees that no protest of this Procurement can be made regarding any decision by the Chief Contracting Officer of this issue.

Proposers not submitting Proposals, but wishing to continue receiving Advance Notice of Solicitations, must return the No Submittal Notice found in the Proposal Package.

1.14 PROPOSAL CONTENT

1.14.1 TECHNICAL PROPOSAL

The Technical Proposal will be scored using the maximum point assignments shown on the RFQ Evaluation Criteria provided in Exhibit 1. Each criterion has an established point value.

Technical Proposals must be formatted as described below and shall be submitted via Bonfire.

RFQ NUMBER 27-002 ITP-8 OF 12

The Technical Proposal should be organized into the following major sections with all parts, pages, figures, and tables clearly numbered and labeled:

Section Title

Cover Letter Table of Contents

1.0 Firm’s Qualifications, Experience and

Personnel

2.0 Understanding of Scope

3.0 Proposed Resourcefulness Approach –

Innovation and Creativity

4.0 Demonstrated Understanding of Local

Conditions

The Technical Proposal should be organized as follows:

COVER LETTER:

Each Proposer shall submit a maximum two-page letter including the name and address of the organization submitting the Proposal; whether the organization is an individual, or corporation; and the name, address, telephone number, and e-mail address of the contact person who will be authorized to represent the Proposer.

The Cover Letter shall provide a complete and full, accurate description of the corporate or other structure of the proposing entity.

Partnerships and joint ventures shall not be permitted.

TABLE OF CONTENTS:

Each Proposer shall include an outline of the Proposal, identified by sequential page number and by section, reference number and section title as described herein.

Refer to Exhibit 1 for Evaluation Criteria and point allocation for the following sections of the Technical Proposal:

1.0 Firm’s Qualifications, Experience and Personnel

2.0 Understanding of Scope

3.0 Proposed Resourcefulness Approach – Innovation and Creativity

4.0 Demonstrated Understanding of Local Conditions

RFQ NUMBER 27-002 ITP-9 OF 12

1.14.2 SFRTA REQUIRED DOCUMENTS

TO BE SUBMITTED SEPARATELY:

Proposer shall complete and notarize where applicable the Required Documents identified in Section 1.13.1 of the RFQ and shall submit via gobonfire.com.

FINANCIAL INFORMATION

This section shall include relevant information regarding the financial stability and strength of the Proposer. Each Proposer shall provide a copy of the most recent Dun and Bradstreet report. A parent company Dun and Bradstreet report is acceptable. A copy of the most recent audited financial statements will be accepted if a Dun and Bradstreet report is unavailable. In the event the above listed financial reports are not available, SFRTA may consider a combination of both an unaudited financial statement and the latest tax return for the Proposer. Financial Information will be reviewed by SFRTA prior to the evaluation process set forth in Section 1.14 below as a factor to determine responsibility of the Proposer.

1.15 EVALUATION PROCESS

SFRTA’s Evaluation/Selection Committee (hereinafter referred to as the "ESC"), shall evaluate the Technical Proposals provided to it using the RFQ Evaluation Criteria in Exhibit 1.

The final selection of the Successful Proposer will be based upon the evaluation process as described herein (the “Evaluation Process”).

The ESC may request additional information in writing from the Proposers during this phase of the Evaluation Process. SFRTA reserves the right for its ESC to request oral presentations from the Proposers. SFRTA (through its ESC), at its sole discretion, may shortlist Proposers and/or request oral presentations during the Evaluation Process (as defined herein). However, Proposers should not assume that SFRTA will shortlist and/or request oral presentations.

1.15.1 Evaluation Criteria and Relative Weights

The ESC will review each responsive Technical Proposal and establish a Technical Score (see Section 1.15.2 below).

SFRTA has established the following relative weights for the Technical Proposal. Refer to Exhibit 1 for additional information on the RFQ evaluation criteria.

• Technical Proposal – total maximum 100%

Firm’s Qualifications, Experience and Personnel – maximum 40%

Understanding of Scope – maximum 30%

Proposed Resourcefulness Approach – Innovation and Creativity – maximum

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15%

Demonstrated Understanding of Local Conditions – maximum 15%

1.15.2 Evaluation Selection Committee Scoring of Technical Proposals

Specific criteria will be applied throughout the Evaluation Process. The point values for each Evaluation Criteria in Exhibit 1 shall be used by the ESC to score the Technical Proposals and obtain the Technical Proposal Score for each submitted Technical Proposal.

Each member of the ESC shall receive a copy of each Technical Proposal determined initially responsive, as determined by the Procurement Department. The ESC members will independently evaluate the Technical Proposals using the RFQ Evaluation Criteria prior to the ESC meeting.

Any information provided by a responsive Proposer with its submittals other than what is being requested in this RFQ may be redacted by the SFRTA Chief Contracting Officer, at his/her sole discretion, before the ESC receives the Technical Proposals for review. The SFRTA Chief Contracting Officer (and Procurement Department staff) may provide technical support to the ESC, including fact-based summaries of Technical Proposals.

At the ESC meeting, prior to announcing their score, the ESC members may ask questions, receive oral presentations, have discussion and make adjustments to any scoring. ESC members will then announce their scores per criterion. This process is conducted until all ESC members have announced their scores for all of the Technical Proposals evaluated. The Average Criterion Scores shall be weighted, if applicable, and totaled to determine each Technical Proposal’s total Technical Proposal Score.

Should the ESC wish to shortlist, it would be at this point in the evaluation process.

The ESC also reserves the right to refrain from making a recommendation or recommend against award in the event that no Submittal is deemed advantageous to SFRTA.

1.15.3 Final Scoring, Ranking, and Selection

Proposers will be ranked based on the Technical Proposal score. The ESC reserves the right to conclude evaluations and make recommendation of the final selected Proposer. However, SFRTA may shortlist and/or request oral presentations.

Upon final selection based on the ranking identified above, the recommended Proposer will be forwarded to the Executive Director for approval. Upon the Executive Director’s approval, the successful Proposer will be notified in writing. SFRTA will then enter into negotiations. Upon successful negotiations, SFRTA will recommend the Proposer whose Proposal is deemed to be the most advantageous to SFRTA to the Governing Board for contract award.

1.16 REVIEW OF FACILITIES AND QUALIFICATIONS

After the Proposal due date and prior to execution of the Contract, SFRTA reserves the right to perform or have performed an on-site review of any Proposer’s facilities and qualifications, as well

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as provided documentation. This review will serve to verify data and representations submitted by the Proposer and may be used to determine whether the Proposer has an adequate, qualified, and experienced staff, and can provide facilities and perform the Work. The review may also serve to verify whether the Proposer has adequate financial capability to meet the Contract requirements.

Should SFRTA determine that the Proposal, or subsequently submitted documentation, has material misrepresentations or that the size or nature of the Proposer’s facilities or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory Contract performance, or ascertains other bases for concern as to the Successful Proposer’s ability to perform the Work, SFRTA has the right to reject the Proposal.

1.17 PROTEST PROCEDURES

The following are SFRTA’s procedures for protesting solicitations and Contract Award.

Definitions

Interested Party means any bidder or proposer with legal standing that is affected adversely by SFRTA’s decision concerning a solicitation or Contract Award.

Protest means a written objection to the commercial terms or technical specifications in the solicitation or the Contract Award.

Protest Period means the three (3) business days following the date of the posting of the Intent to Contract Award on SFRTA’s website or the date of the issuance of an addendum as to the content of such addendum or the date of issuance of the Solicitation. A “business day” means normal business hours of 9 a.m. to 5 p.m. local time.

(1) Protest Policy: SFRTA provides Interested Parties with the opportunity for an administrative review of written Protests and strives to resolve any Protest expeditiously at the Chief Contracting Officer’s level to the maximum extent possible.

(2) Filing a Protest: Only an Interested Party may file a Protest regarding the Solicitation

Documents issued by SFRTA by filing a written Notice of Protest with SFRTA within seventy-two (72) hours from the availability date of the Solicitation Documents set forth in the advertisement posted on SFRTA’s website, excluding Saturdays, Sundays and legal holidays observed by SFRTA or from the date of the issuance of any addenda if specifically relating to the content of the addendum, excluding Saturdays, Sundays and legal holidays observed by SFRTA. Failure to file a Notice of Protest within the provided timeframes, for any reason whatsoever, shall constitute a complete and absolute waiver of Protest rights.

With respect to any Protest of Contract Award, the Notice of Protest shall be filed within the Protest Period. For Procurements not involving federal funds, SFRTA, at its sole discretion, may require in its Solicitation Documents that an Interested Party post with its formal Protest a Protest bond in the amount of 1% of the Contract amount or $25,000, whichever is less. In the event the Interested Party receives an adverse determination on its Protest, the bond shall be forfeited to SFRTA.

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An Interested Party shall file a formal written Protest within ten (10) business days of filing a Notice of Protest. In order to be considered, the Protest must contain: (i) the Interested Party's name, address, telephone number, email address, facsimile number, and taxpayer identification number; (ii) identification of the Procurement or Contract at issue; (iii) a complete and concise statement of the grounds for the Protest, supported by relevant documents; (iv) identification of all Persons with information germane to the Protest; (v) a chronology of efforts made to resolve the matter prior to filing the Protest; and (vi) a statement of the relief requested.

(3) Protest Decision: The Chief Contracting Officer shall reduce his or her decision to writing and shall transmit or otherwise furnish a copy of the decision to the Interested Party. The decision of the Chief Contracting Officer shall be final and conclusive unless, within seven

(7) business days from the date of such decision, SFRTA receives from the Interested Party a written request for review of the decision addressed to the Executive Director. The decision of the Executive Director shall be final and conclusive.

(4) Continuation of Performance: The Chief Contracting Officer shall determine whether

SFRTA will proceed with Contract Award or, if the Contract has been awarded, whether to suspend performance of the Contract, pending a decision on the Protest. SFRTA has no obligation, however, to suspend award or performance of the Contract in the event of a Protest.

(5) Remedies: If SFRTA determines that a Protest is valid, the Executive Director, at his or her sole discretion, may: (i) direct the Chief Contracting Officer to issue a new or amended Solicitation; (ii) award the Contract or recommend that the Board award the Contract, if the Contract amount exceeds the Executive Director’s approval authority; (iii) terminate or suspend performance of the Contract that is the subject of the Protest; or (iv) take any other action permitted by law to promote compliance with SFRTA policies and applicable law.

(6) Filing of a Written Notice of Protest or Protest: All Written Notices of Protests or Formal

Protests must be filed with the Chief Contracting Officer. All Protests must be received at the address shown on the Solicitation Documents during normal office hours of 9:00 am to 5:00 pm, local time. Failure to file a Notice of Protest or a Protest as discussed herein, shall constitute a complete and absolute waiver of any such rights.

(7) Informal Resolution: The Chief Contracting Officer may, at his or her sole discretion, agree to meet with the Interested Party within seven (7) calendar days, excluding Saturdays, Sundays and legal holidays observed by SFRTA, after the filing of a Protest to attempt to resolve the matter.

1.15.1 Evaluation Criteria and Relative Weights