METROPOLITAN TRANSIT AUTHORITY

INVITATION FOR BIDS (IFB)

FOR

PURCHASE AND DELIVERY OF THIRTY-FIVE (35) CNG 40’ TRANSIT BUSES

METRO IFB NO. Doc2055850954

Bidder’s signature on Invitation for Bids (Section III– Forms for Bidding/Proposing/Award) constitutes acceptance of a contract that may result from this Solicitation. Contract award/execution may be made by METRO without discussion.

METRO FUNDING 100% FEDERAL FUNDING 0% SMALL BUSINESS GOAL N/A

IMPORTANT – Notice to Bidder

Submit all responses to and questions regarding this solicitation electronically through METRO’s EUNA (BONFIRE) at https://www.ridemetro.org/procurement

AND one (1) hardcopy of the bid to the address below.

There is no cost to Contractors to register to submit bids on METRO’S EUNA (BONFIRE) .

Metropolitan Transit Authority of Harris County, TX Upper Left Corner of Envelope Must Indicate:

Procurement Division Proposer/Contractor Name and Address 1900 Main Street Lower Left Corner of Envelope Must Indicate:

Houston, Texas 77002 Solicitation Number

Due Date Due Time Solicitation Title

The EUNA (BONFIRE) submission shall take precedence over any discrepancies between the hard copy and the EUNA (BONFIRE) submission. Both the electronic via EUNA (BONFIRE) and hardcopy submittal MUST be received by the deadline specified in the solicitation. A submittal

MAY be deemed non-responsive if both the electronic and hardcopy are not received by the deadline specified in this solicitation.

https://www.ridemetro.org/about/business-to-business/procurement-opportunities#:%7E:text=Open%20external%20link)-,Open%20Procurements,-METRO%20is%20committed iii

TABLE OF CONTENTS

SECTION I - BIDDING/PROPOSING REQUIREMENTS AND INSTRUCTIONS

1 INVITATION FOR BIDS SUMMARY

2 INSTRUCTIONS TO BIDDERS

SECTION II - FORMS FOR BIDDING/PROPOSING

1 DISADVANTAGED BUSINESS ENTERPRISES (DBE)

2 BUY AMERICA CERTIFICATE

3 BUY AMERICA PROOF OF PURCHASE NOTICE – SUPPORTING DOCUMENTS

4 CARGO PREFERENCE

5 DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTOR'S CERTIFICATION

6 VEHICLE TESTING CERTIFICATION, 49 CFR PART 665

7 FEDERAL MOTOR VEHICLE SAFETY STANDARD (FMVSS)

8 PRE-AWARD AUDIT OF VEHICLES FOR SPECIFICATION AND BUY AMERICA COMPLIANCE

9 CERTIFICATION OF RESTRICTIONS ON LOBBYING

10 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

11 MOTOR VEHICLE POLLUTION REQUIREMENTS

12 BIDDER'S QUESTIONNAIRE

13 PRICE BREAKDOWN

14 REQUEST FOR APPROVAL (RFA FORM)

15 INSTRUCTION FOR USE OF REQUEST FOR APPROVAL (RFA FORM)

16 MANDATORY REQUEST FOR APPROVALS (RFA)

SECTION III - FORMS FOR BIDDING/PROPOSING/AWARD

1 SOLICITATION, BID AND AWARD FORM

2 BID/CONTRACT SCHEDULE OF ITEMS AND PRICES

SECTION IV - DELIVERIES OR PERFORMANCE ARTICLES

1 DEFINITIONS

2 PERIOD OF PERFORMANCE

3 ITEMS PURCHASED, DELIVERY AND COMPENSATION

4 LIQUIDATED DAMAGES

5 FORCE MAJEURE

6 NOTIFICATION OF DELAY

7 REQUEST FOR EXTENSION

8 METRO DELAY OF WORK

9 PERFORMANCE BOND OR LETTER OF CREDIT

10 ASSIGNMENT OF VEHICLES

11 MATERIALS AND WORKMANSHIP

12 CONFORMANCE WITH CONTRACT AND SPECIFICATIONS

13 REPAIRS AFTER NON-ACCEPTANCE

14 DELIVERABLES

15 PREPRODUCTION CONFERENCE APPROVALS

16 CHANGES OF LAW

17 TEXAS ETHICS COMMISSION (TEC) ELECTRONIC FILING

SECTION V - INSPECTION AND ACCEPTANCE ARTICLES

1 VEHICLE INSPECTION AND ACCEPTANCE

2 CONDITIONAL ACCEPTANCE

3 FIRST ARTICLE INSPECTION – PRODUCTION (Not Applicable)

4 TESTING OF NEW BUS MODELS

SECTION VI - CONTRACT ADMINISTRATION DATA ARTICLES

1 COMPENSATION

2 INVOICING AND PAYMENT

3 CONTRACTOR REPRESENTATIVE

4 NOTICES

SECTION VII - INSURANCE ARTICLES

1 INSURANCE REQUIREMENT

2 INDEMNIFICATION AGREEMENT

SECTION VIII - SMALL BUSINESS PROGRAM ARTICLES

1 DISADVANTAGED BUSINESS ENTERPRISES

SECTION IX - SPECIAL TERMS AND CONDITIONS ARTICLES

1 DATA RIGHTS

2 SOFTWARE

3 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

iv

4 PUBLIC INFORMATION ACT

SECTION X - GENERAL TERMS AND CONDITIONS ARTICLES

1 TITLE

2 COMPLIANCE WITH LAWS/PERMITS AND LICENSES

3 METRO-FURNISHED PROPERTY

4 WARRANTY

5 SERVICE LOCATION

6 CHANGES

7 DISPUTES

8 TERMINATION FOR CONVENIENCE OF METRO

9 TERMINATION FOR DEFAULT

10 PATENT INDEMNITY

11 COVENANT AGAINST CONTINGENT FEES

12 DISSEMINATION OF CONTRACT INFORMATION

13 CONFIDENTIAL INFORMATION

14 USE OF METRO'S NAME IN CONTRACTOR ADVERTISING OR PUBLIC RELATIONS

15 ASSIGNMENT

16 INDEPENDENT CONTRACTOR

17 CONTRACTUAL RELATIONSHIPS

18 CONTRACT ORDER OF PRECEDENCE

19 SEVERABILITY

20 WAIVERS

21 INTERPRETATION, JURISDICTION AND VENUE

22 RIGHTS AND REMEDIES

23 NOTICE TO METRO OF LABOR DISPUTES

24 ETHICAL CONDUCT

25 SUSPENSION OF WORK

26 CONFLICTS OF INTEREST, GRATUITIES

27 METRO NON-DISCRIMINATION

28 CONTRACTOR NON-DISCRIMINATION

29 EQUAL OPPORTUNITY FOR VEVRAA PROTECTED VETERANS

30 FIREARM ENTITY AND TRADE ASSOCIATION DISCRIMINATION CERTIFICATION AND PROHIBITION

31 ISRAEL BOYCOTT CERTIFICATION AND PROHIBITION

32 ENERGY COMPANY BOYCOTT CERTIFICATION AND PROHIBITION

33 COVID-19 VACCINE PASSPORT PROHIBITION

SECTION XI - FEDERAL REQUIREMENTS ARTICLES

1 FEDERAL CHANGES

2 OFFICIALS NOT TO BENEFIT

3 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

4 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 OBLIGATIONS

5 BUY AMERICA

6 POST-DELIVERY AUDIT OF VEHICLES FOR SPECIFICATION AND BUY AMERICA COMPLIANCE

7 FEDERAL MOTOR VEHICLE SAFETY STANDARDS

8 MOTOR VEHICLE POLLUTION REQUIREMENTS

9 ACCESS TO RECORDS

10 ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES

11 ENVIRONMENTAL REQUIREMENTS

12 RECYCLED PRODUCTS

13 FLY AMERICA

14 CARGO PREFERENCE--USE OF UNITED STATES-FLAG VESSELS

15 RESTRICTIONS ON LOBBYING

16 DEBARMENT AND SUSPENSION

17 NO OBLIGATION BY THE FEDERAL GOVERNMENT

18 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

19 FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

20 MAINTENANCE OF RECORDS; ACCESS BY METRO; RIGHT TO AUDIT RECORDS

21 VETERANS EMPLOYMENT

22 ENTIRE AGREEMENT

SECTION XII - EXHIBITS

1 EXHIBIT “A” MAIN BUS TECHNICAL SPECIFICATIONS AND DRAWINGS

1.0 GENERAL

2 1.1 Scope 3 1.2 Definitions 4 1.3 Abbreviations v

5 1.4 Technical Compartment Information 6 1.5 Overall Requirements

2.0 BODY

7 2.1 General 8 2.2 Operating Components 9 2.3 Interior Trim 10 2.4 Windows 11 2.5 Insulation 12 2.6 Ancillary Features 13 2.7 Accessibility Equipment

3.0 CHASSIS

14 3.1 Propulsion System 15 3.2 Final Drive 16 3.3 Suspension 17 3.4 Steering 18 3.5 Brakes 19 3.6 General Chassis 20 3.7 Interior Climate Control 21 3.8 Electronic Communication Equipment 22 3.9 Fire Suppression System

4.0 WARRANTY AND SPARE PARTS BASIC PROVISION

23 4.1 Warranty Requirements 24 4.2 Warranty After Replacement or Repairs 25 4.3 Illustrated Parts Catalog Master File 26 4.4 Publications Software 27 4.5 Parts Information 28 4.6 Recommended Spare Parts 29 4.7 Contractor’s Recommendations/Prices 30 4.8 Availability

5.0 TRAINING SPECIFICATIONS

31 5.1 Introduction-Training 32 5.2 Maintenance Training 33 5.3 Transportation Training 34 5.4 Training Program Aids 35 5.5 Training Facilities 36 5.6 Training Instructors 37 5.7 Supervisor Training 38 5.8 Time Limits 39 5.9 Training Hours Summary

6.0 CONTRACTOR'S IN-PLANT QUALITY ASSURANCE

40 6.1 Quality Assurance Organization 41 6.2 Quality Assurance Organization Functions 42 6.3 Control Of Purchases 43 6.4 Supplier Control 44 6.5 Purchasing Data 45 6.6 Manufacturing Control 46 6.7 Inspection System 47 6.8 Resident Inspector 48 6.9 Acceptance Tests 49 6.10 Chassis Inspection 50 6.11 Post Delivery Tests

7.0 MANUALS AND PARTS LISTS

51 7.1 Requirements 52 7.2 Standards And Format Of Manuals 53 7.3 Maintenance Manuals 54 7.4 Operator's Manuals 55 7.5 Parts Manuals 56 7.6 Parts Cross Reference List 57 7.7 Spare Parts 58 7.8 Revisions

8.0 ALTOONA BUS TESTING

59 8.1 Bus Testing 60 8.2 Test Standard vi

Appendix 1 61 Deliverables

Appendix 2 62 Items Requiring METRO Approval During Preproduction Conference

63 EXHIBIT ”B" CONTRACTOR'S RELEASE

64 EXHIBIT ”C" REQUEST FOR APPROVALS RESPONSES

65 EXHIBIT ”D" SUPER CIRCULAR

IFB Doc2055850954 Contract No. ________________

SECTION I - BIDDING/PROPOSING REQUIREMENTS AND INSTRUCTIONS

1 INVITATION FOR BIDS SUMMARY

IFB NO.: Doc2055850954 IFB ISSUE DATE: March 16, 2026

PROJECT NAME: Purchase and Delivery of Thirty-Five (35) CNG 40’ Transit Buses

ISSUED BY: Metropolitan Transit Authority of Harris County (METRO) Website: https://www.ridemetro.org/procurement

All questions and bid responses to this solicitation must be submitted electronically through METRO’s EUNA (BONFIRE) at https://www.ridemetro.org/procurement. Registration on METRO’s EUNA (BONFIRE) is free. Additionally, submit one (1) Original hardcopy delivered in a sealed envelope to the METRO Procurement Office, 1900 Main Street, Houston, Texas 77002.

Digital signatures accepted.

CONTRACT ADMINISTRATOR: Vanessa Clemente-West Contract Administrator II Procurement Services

1900 Main Street, 8th Floor Houston, Texas 77002 Email: vanessa.clemente@ridemetro.org Phone: (713) 615-6118

NOTE TO BIDDERS: BIDDERS ARE RESPONSIBLE FOR ALL INFORMATION IN THIS SOLICITATION, HOWEVER, PLEASE

PAY PARTICULAR ATTENTION TO INFORMATION SHADED IN GRAY.

BID SUBMISSION/RECEIPT: Sealed bids in original form for work or item(s) described herein will be submitted through METRO’s EUNA (BONFIRE) at https://www.ridemetro.org/procurement and MUST be received by 2:00 p.m. Central Standard Time (CST) on Wednesday, April 22, 2026. Additionally, ONE (1) ORIGINAL HARDCOPY: Deliver in a sealed envelope bearing the name and address of the Bidder and the identification ‘Invitation for Bids’ No.Doc2055850954’ to the METRO Procurement Office, 1900 Main Street, Houston, Texas 77002.

Both the electronic via EUNA (BONFIRE) and hardcopy submittal MUST be received by the deadline specified in the solicitation. A submittal MAY be deemed non-responsive if both the electronic and hardcopy are not received by the deadline specified in this solicitation.

REQUEST(S) FOR APPROVAL OR DEVIATION: Request(s) for Approval or Deviation are required fifteen (15) calendar days before original bid due date with METRO to respond ten (10) days prior to the due date. (See Instructions to Bidders, paragraph entitled “REQUEST(S) FOR APPROVAL OR DEVIATION “). Failure to submit the Mandatory RFA’s in Section II will render your bid non-responsive.

BID OPENING: Bids will be opened publicly and read aloud at 10:00 a.m. (CST) on Thursday, April 23, 2026. The opening will be recorded. Bidders can watch the bid opening live at:

MS Teams Link: Join Microsoft Teams Meeting Dial-In Telephone No.: +1 281-925-7469 Conference ID: 246 022 158 #

A PRE-BID BRIEFING will be held at 10:00 a.m. (CST) on Tuesday, March 31, 2026. (See access information below.) In-person participation is not offered for this briefing.

MS Teams Link: https://teams.microsoft.com/meet/28661344506335?p=FR7MEotAxDiGThvwKK Dial-In Telephone No.: 281-925-7469 Conference ID:346 113 711#

RESPONSIBLE BIDDER: Each bidder is cautioned to review and understand the requirements of this solicitation in order to be determined a responsible bidder. (See Section I, Instructions to Bidders, paragraph entitled “BIDDER QUALIFICATIONS/ELIGIBILITY

FOR AWARD”.)

BID GUARANTEE of not less than 5% of the total bid is required. (See Instructions to Bidders, paragraph entitled “BID SECURITY”).

PERFORMANCE BOND: for 5% of the Contract amount required. (See Contract, Article entitled "Performance Bond").

https://www.ridemetro.org/about/business-to-business https://www.ridemetro.org/about/business-to-business/procurement-opportunities#:%7E:text=Open%20external%20link)-,Open%20Procurements,-METRO%20is%20committed mailto:vanessa.clemente@ridemetro.org https://www.ridemetro.org/about/business-to-business/procurement-opportunities#:%7E:text=Open%20external%20link)-,Open%20Procurements,-METRO%20is%20committed https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_MjE1NDk5ZjMtN2I4OS00YzRiLTk0NDMtYjM3ZDRiZGNkZmQ1%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252242943d88-6155-47ea-abaa-7f5951e7c4f1%2522%252c%2522Oid%2522%253a%252294334756-c987-4cf5-8523-59f8e150ab14%2522%257d&data=04%7C01%7CJamie.Williams-Hart%40ridemetro.org%7C5975c97fab0d4f2aea1208d8be3ff37c%7C42943d88615547eaabaa7f5951e7c4f1%7C0%7C0%7C637468529159993588%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=GQmF%2Bl8VA%2B39F1eeVirh0V4izTYfVbewfazvKOoSxEw%3D&reserved=0 tel:+1%20281-925-7469,,253474237#%20

IFB Doc2055850954 Contract No. ________________

PERFORMANCE/DELIVERY PERIOD: The Contract shall be for delivery of New Buses in accordance with the delivery schedule. (See Contract Article "Period of Performance")

LIQUIDATED DAMAGES: will be assessed as indicated in the Contract Article entitled "Liquidated Damages".

INSURANCE: Each prospective bidder is cautioned to review the Insurance requirements of this Solicitation particularly to understand the criteria and the successful Contractor's responsibilities. (See Contract, Article entitled "Insurance Requirement").

FEDERAL FINANCIAL ASSISTANCE: This procurement is subject to the availability of Federal financial assistance from the Federal Transit Administration (FTA), therefore, all required Federal requirements such as Buy America, Cargo Preference, Debarred, Suspended or Ineligible Contractors, Bus Testing, FMVSS, and Pre-Award and post Delivery Audits for Specification and Buy America Compliance will be included in the resultant Contract (See Section II, forms to be submit ted with bid). Failure to submit these will make your bid nonresponsive.

OBLIGATION: This Invitation for Bids does not obligate the Metropolitan Transit Authority to award a contract, or to pay any costs incurred in the preparation or submittal of any bid.

ORGANIZATION OF BID: The Invitation for Bid (IFB) is to be provided as follows:

PRICE BREAKDOWN including all detailed pricing information with particular attention to the unit price breakdown in Section II, subject to detailed METRO review as appropriate.

SMALL BUSINESS CONTRACT GOAL: There is no small business subcontracting goal for this Solicitation.

TYPE OF AWARD: METRO anticipates awarding one or more firm fixed-price contract(s) as a result of this solicitation.

NOTE: All forms contained in this solicitation may be reproduced if more space is needed due to the number of subcontractors or suppliers to be submitted with the bid or for any other reason.

OBLIGATION: This Invitation for Bids does not obligate the Metropolitan Transit Authority to award a contract or to pay any costs incurred in the preparation or submittal of any bid.

REGISTRATION ON PROCUREMENT WEBSITE: All bidders/proposers MUST register on METRO's procurement website at Ridemetro.org/Supplier Vendor Registration to ensure that they receive the latest solicitations and updates via their registered e-mail address.

https://www.ridemetro.org/about/business-to-business#:%7E:text=Register%20online%20as%20a%20vendor%20with%20METRO.

IFB Doc2055850954 Contract No. ________________

2 INSTRUCTIONS TO BIDDERS

A. DOCUMENTS

1. A complete hard copy set of bid documents shall be used in preparing a bid. Bids will be accepted from only those bidders listed on METRO'S official Bidder's List at the designated bid opening time. METRO assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of documents. After the bid opening, bidders will receive an email request from METRO to email a PDF of their bids to vanessa.clemente@ridemetro.org. Do not email bids prior to receiving the request from METRO.

2. METRO, in making copies of these documents available on the above terms, does so only for the purpose of obtaining bids on the work and does not convey a license or grant for any other use.

3. Each bidder should carefully examine these documents and take such other steps as may be reasonably necessary to ascertain the contract performance requirements. Failure to do so will not relieve Bidders from responsibility for estimating properly the difficulty or cost of successfully performing the Contract. Extra compensation will not be allowed for conditions which are determinable by examining these documents. METRO will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the Contract, unless included in these documents.

4. Each bidder should visit the site, carefully examine these documents and take such other steps as may be reasonably necessary to ascertain the nature and location of the work. Each bidder shall make themselves aware of local labor availability, means of transportation, local weight restrictions, laws, codes, wage scales, local tax structure, contractor's license and permit requirements, availability of required insurance, and other factors that could affect the work. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. Extra compensation will not be allowed for conditions which are determinable by examining these documents or the work site.

B. PROCUREMENT SCHEDULE

METRO anticipates carrying out the procurement process in accordance with the schedule set forth in the table below. All times are in the central time zone, times unless otherwise indicated. The schedule is subject to modification at the sole discretion of METRO. Proposers will be notified of any change to the schedule by an amendment to this IFB.

PROCUREMENT SCHEDULE

Procurement Activity Date Time - Central

Standard

IFB issued 3/16/2026 10:00AM Request For Approval (RFA) Due 3/23/2026 2:00PM RFA Approval Documents Posted 3/30/2026 2:00PM Pre-Bid Meeting 3/31/2026 10:00AM Request for Reconsideration Due 4/06/2026 2:00PM Reconsideration Documents Posted 4/13/2026 2:00PM Deadline for bidders to submit questions via METRO’s

EUNA (BONFIRE)

4/15/2026

2:00PM

METRO’s deadline to respond to questions via METRO’s

EUNA (BONFIRE)

4/17/2026

2:00PM

Bid Due Date 4/22/2026 2:00PM Contract Execution (estimated) 6/15/2026

C. EXPLANATION TO BIDDERS

Any explanation desired by a bidder regarding the meaning or interpretation of the Invitation for Bids, drawings, specifications, etc., must be requested in writing and with sufficient time allowed (a minimum of fifteen (15) days before date set to receive bids) for a reply to reach bidders before the submission of their bids. Any interpretation made will be in the form of an amendment to the Invitation for Bids, drawings, specifications, etc., or information letter and will be furnished to all prospective bidders.

IFB Doc2055850954 Contract No. ________________

Receipt of Amendments by the bidder must be acknowledged in the space provided on the Bid or Amendment Form or by letter received by METRO before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding.

D. BIDDER QUALIFICATIONS/ELIGIBILITY FOR AWARD

1. In order for a bidder to be eligible to be awarded the Contract, the bid must be responsive to the Invitation, show the bidder’s technical competency, and METRO must be able to determine that the bidder is responsible to perform the Contract satisfactorily.

2. Responsive bids are those complying with all material aspects of the Solicitation. Bids which do not comply with all the terms and conditions of the Solicitation will be rejected as non-responsive.

3. Responsible bidders as a minimum must:

a) Contractor must show evidence of having performed a project of similar size, scope, and complexity.

b) Have financial resources adequate to perform the Contract, or ability to obtain such resources as required during the performance of the Contract;

c) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments;

d) Have a satisfactory record of current and/or past performance in behalf of METRO and/or other owners, including the areas of scheduling, submittals; record keeping, reporting, qualified supervision, skilled workforce, safety, quality of equipment, materials and workmanship, timely performance, warranties and guarantees;

e) Have the necessary technical equipment, material and capability, including qualified supervision and skilled workforce, adequate to perform the Contract, or the ability to obtain such resources as are required during the course of the Contract;

f) Have a satisfactory record of business integrity and ethics;

g) If applicable, have a satisfactory record, as a contractor, of making good-faith efforts to achieve Small

Business/Disadvantaged Business Program goals in past METRO projects, as well as providing evidence satisfactory to METRO that the bidder will comply with the Small Business Program/Disadvantaged Business requirements and goals contained herein;

h) Certify that it is not on the U.S. General Services Administration's "Lists of Parties Excluded from Federal

Procurement or Non-procurement Programs". Signing and submitting the bid is so certifying;

i) Be qualified as an established firm regularly engaged in the type of business to provide the items/work required by this Solicitation; and

j) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

4. A bidder may be requested to submit written evidence verifying that they meet the minimum criteria necessary to be determined a responsible bidder. Refusal to provide requested information will result in the bidder being declared non-responsive, and the bid will be rejected.

5. Bids deviating or taking exception to the Solicitation requirements will not be considered.

E. DISQUALIFICATION

METRO reserves the right to disqualify a bid, before or after the bid opening, upon evidence of collusion with intent to defraud or other illegal practices on the part of a bidder.

F. PROTESTS

1. Each protest to the Solicitation documents shall be submitted for resolution to the Chief President Officer of Procurement & Materials. Each such protest shall be in writing and shall be supported by the information set forth in Chapter 12 of METRO's Procurement Manual to enable the protest to be considered. A protest or objection will not be considered if it is insufficiently supported or it is not received within the time limits specified herein.

2. The Chief Procurement Officer must receive the initial protest submission directed to the terms, conditions, or form of a proposed procurement action no later than five (5) calendar days prior to the date established for opening of bids or

IFB Doc2055850954 Contract No. ________________ receipt of proposals.

3. The Chief Procurement Officer must receive the initial protest submission for protests concerning award decisions, including bid evaluations, no later than five (5) days after the interested party knows, or through exercise of reasonable diligence should have known, whichever is earlier, of the grounds for the protest.

4. Each protest will be processed in accordance with METRO's Protest Procedures located in Chapter 12 of METRO's

Procurement Manual. A copy of the procedures will be provided to the protester upon written request to METRO's Chief Procurement Officer.

5. A written final determination on any protest will be rendered by METRO's President & Chief Executive Officer and will be provided to the protester as soon as practicable.

6. The protester must exhaust its administrative remedies by pursuing METRO’s protest procedures to completion prior to appealing METRO’s decision to the FTA.

7. The Federal Transit Administration (FTA) Circular 4220.1F, or any of its successors, paragraph 7L, addresses bid protests. A copy of this paragraph will be provided to the protester upon written request to METRO. Review of a protest by FTA will be limited to a grantee's failure to have or follow its written protest procedures, its failure to review a complaint or protest, or violations of Federal law or regulations. ‘ An appeal to FTA must be received by the cognizant FTA regional or Headquarters Office within five (5) working days of the date the protester learned or should have learned of an adverse decision by METRO or other basis of appeal to FTA. Violations of a specific Federal law or regulation will be handled by the complaint process stated within that law or regulation. Alleged violations on other grounds are under the jurisdiction of the appropriate State or local administrative or judicial authorities.

G. PREPARATION OF BID

1. A bid shall be submitted on the forms furnished by METRO or re-produced copies of METRO forms; shall be completed in ink or by typewriter and shall be manually or digitally signed. If erasures or other changes appear on the forms, each erasure or change shall be initialed by the person signing the bid. ‘ Telegraphic or facsimile (fax) bids are not authorized.

2. The Bid Form may provide for submittal of a price or prices for one or more items, which may be lump sum bids, alternative prices, scheduled items resulting in a bid on a unit price, lump sum or a combination thereof. Where the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submittal of a price on all items is not required, a bidder shall insert the words ‘no bid’ in the space provided for any item on which no price is submitted.

3. If a bid is from an individual, sole proprietorship, or a bidder operating under a trade name, the bid shall be signed by that individual.

4. A bid by a partnership shall be executed in the partnership name and signed by a partner; the official address of the partnership shall be shown where indicated on the ‘Solicitation, Bid and Award’ form.

5. A bid by a corporation shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the corporate secretary or assistant secretary.

6. A bid submitted by a joint venture shall list the names of all joint venturers and the mailing addresses of each and shall be executed by all joint venturers in the same manner as if they were individually submitting bids. The signature portion of the Bid Form shall be altered as appropriate for execution by the joint venture and all joint venturers.

7. All names shall be typed or printed below the signature.

8. The bid shall contain an acknowledgment of receipt of all Amendments to the Solicitation.

9. Communications regarding this Solicitation are to be directed to the address and to the attention of the person shown on the Invitation for Bids form.

10. Unless called for, alternative bids will not be considered.

11. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all bids submitted should comply with the following:

a) All copies should be printed double-sided.

b) All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). All bids should note the

IFB Doc2055850954 Contract No. ________________ level of recycled content contained in the paper being used.

c) Unless absolutely necessary, all bids and copies should minimize or eliminate the use of non-recyclable or non-reusable materials, such as plastic report covers, plastic dividers, vinyl sleeves and bindings. Three-ringed binders, glued materials, paper clips and staples are acceptable.

d) Bids should submit materials in a format that allows for easy removal and recycling of paper materials.

e) Bidders are encouraged to use other products that contain recycled content in their bid documents. Such products may include, but not limited to, folders, binders, paper clips, discs, envelopes, boxes, etc. Where appropriate, Proposers may wish to note which products in their proposal are made with recycled materials.

f) Unnecessary samples, attachments or documents not specifically asked for should not be submitted with the bid.

H. BID SECURITY

1. Each bid shall be accompanied by Bid Security, drawn payable to the Metropolitan Transit Authority, in the amount required by the Invitation for Bids. The Bid Security shall be a cashier's check, a certified check or a bid bond issued by a surety licensed to do business in Texas, approved for the full amount of bond coverages required on the U.S.

Department of the Treasury Circular 570 and by METRO. Failure to furnish the Bid Security in the proper form and amount by the time set for opening of bids will result in rejection of the bid.

2. Bid Security, other than a bid bond, will be returned to:

a) Unsuccessful bidders as soon as practicable after the opening of bids, and

b) The successful bidder upon execution of such further contractual documents and bonds as may be required by the Contract Documents.

3. If the successful bidder, upon acceptance of its bid by METRO within the period specified therein for acceptance, fails to execute such further contractual documents and furnish such bonds as may be required by the Contract Documents within the time specified in the Contract, will forfeit any Bid Security provided.

I. POSTPONEMENT OF BID OPENING

Notwithstanding the time for opening of bids established in the Invitation for Bids, the bid opening may be postponed solely at METRO's discretion.

J. SUBMISSION OF BIDS

A bid shall be submitted so as to be received no later than the exact time and at the place indicated in the Invitation for Bids and shall be enclosed in a sealed envelope clearly identified as a bid with the project title, Invitation for Bids number and bid opening date and time. The envelope shall identify the name and address of the bidder and shall contain the bid security, if required, and other required documents. Failure to do so may result in a premature opening of, or a failure to open, such bid.

K. LATE BIDS, MODIFICATION OR WITHDRAWAL OF BIDS

1. Any bid or modification of bid received at the METRO office designated in the Invitation for Bids after the exact time specified for receipt will not be considered. Late bids received will be retained unopened and filed with unsuccessful bids in the official contract file.

2. A bid may be withdrawn in person by a bidder or authorized representative, provided their identity is made known and they sign a receipt for the bid, but only if the withdrawal is made prior to the exact time set for opening of bids.

3. Modifications of bids already submitted will be considered if received at the office designated in the Invitation for Bids by the time set for opening of bids.

L. PUBLIC OPENING OF BIDS

Bids will be publicly opened immediately following the time set for opening in the Invitation for Bids. The total bid price(s) will be read aloud for the information of bidders and others interested, who may be present.

M. AWARD OF CONTRACT

1. Award of a Contract, if awarded, will be made to the responsive and responsible bidder offering the lowest TOTAL BID AMOUNT (Section III, - Bid/Contract Schedule of Items and Prices) and whose bid conforms to the Solicitation

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Documents. The lowest price bidder is not guaranteed that it will receive the METRO contract award.

2. METRO reserves the right to reject any and all bids, to waive any informalities in bids received and the right to reject all nonconforming, unbalanced, non-responsive or conditional bids. Discrepancies between words and figures will be resolved in favor of words.

3. Bids containing apparent clerical mistakes such as discrepancy between unit bid price and the price extension or the sum of the extended amounts and the total bid price, or other apparent clerical mistakes, will be resolved by the Contract Administrator in accordance with the Mistake in Bid procedures contained in METRO's Procurement Manual.

4. A written Notice of Award will be issued to the successful bidder upon being selected for award of a contract and execution of any resultant contract.

5. A split award will not be made. Bidders must bid on all items and award will be made based on the total aggregate price.

6. In the event of tie bids, the successful bidder will be determined by drawing of lots at an open meeting with the tie bidders invited to attend.

N. RECEIPT OF SINGLE BID

If only one bid is received in response to the Invitation for Bids, a detailed cost breakdown will be required from the single bidder.

An evaluation will be performed of the cost breakdown in order to determine if the price is fair and reasonable.

O. DISCOUNTS

1. No discounts will be considered in the evaluation of bids.

2. Discounts for early payment may be offered in the original bid or on individual invoices submitted under the resulting contract, and discounts offered will be taken by METRO if payment is made within the discount period specified.

3. Discounts that are included in bids become a part of the resulting Contract and are binding on the Contractor. Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is offered.

P. CONTRACT BONDS AND INSURANCE

The bidder whose bid is accepted shall, within the time established in the Invitation for Bids, enter into a written Contract with METRO and, if required, furnish Certificates of Insurance and Performance and Payment Bonds in the amounts indicated in the Contract.

Q. METRO-FURNISHED PROPERTY

No material, equipment or facilities will be furnished by METRO unless otherwise stated in the Solicitation.

R. TAXES

METRO is exempt from payment of Federal Excise and Transportation Tax and the Texas Limited Sales, Excise and Use Tax.

Contractor's invoice(s) shall not contain assessment for any of those taxes.

S. INSURANCE REQUIREMENTS

The bidder/proposer whose bid is accepted shall, within the time established in the Solicitation, enter into a written Contract with METRO and, if required, furnish Certificates of Insurance in the amounts indicated in the Contract.

T. INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting a bid, the Bidder is providing the certification set out in the Paragraph entitled “CERTIFIATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -

LOWER TIER COVERED TRANSACTION.

2. The certification in this instruction to Bidders is a material representation of fact upon which reliance will be placed by

METRO to enter into a resultant contract. If it is later determined that the Bidder/Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, METRO may pursue available remedies, including suspension and/or debarment.

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3. The bidder shall provide immediate written notice to METRO if at any time the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, bid and voluntarily excluded, as used herein, have the meanings set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom your bid is submitted for assistance in obtaining a copy of this regulation.

5. The bidder agrees by submitting a bid that, should the resulting contract for the proposed covered transactions entered into, it shall not knowingly enter into any subcontract with a firm who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by METRO.

6. The bidder further agrees by submitting this bid that it will include the instruction titled "Certification Regarding

Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," at Paragraph 21 below, without modification, in all solicitations for lower tier covered transactions, expected to equal or exceed $25,000.00.

U. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER

TIER COVERED TRANSACTION

1. The Bidder certifies, by submission of the bid, 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 bidder is unable to certify to any of the statements in this certification, the Bidder shall attach an explanation to the bid being submitted to METRO.

V. REQUEST(S) FOR APPROVAL OR DEVIATION

1. Mandatory Request(s) for Approved equal and request(s) for deviation to the technical specifications or other requirements of the solicitation document shall be submitted to METRO for evaluation at least fifteen (15) calendar days prior to the original date set for receipt of bids with METRO to respond ten (10) calendar days prior to the date set for the receipt of bids.

2. All request(s) for approval shall be submitted on the enclosed RFA form, with all necessary descriptive literature, technical data, or samples to clearly indicate all specifications of the item(s) or deviation(s) proposed to permit evaluation of the request and determine that they meet all requirements of the Solicitation.

3. Individual RFA's shall include all technical data and salient characteristics of the proposed item offered to meet the specification requirement. Such technical data and salient characteristics shall cover as a minimum the installation, operation and design performance of the item offered for approval.

4. Request(s) for Approval may be submitted by e-mail at vanessa.clemente@ridemetro.org. CAUTION: Telefax or e-mail bids are not authorized.

5. Failure to submit the Mandatory RFAs in Section II will render your bid non-responsive.

W. INDEPENDENT PRICE DETERMINATION

By submitting this bid, the bidder certifies that he has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding; and further, that he has not in any manner, directly or indirectly sought by agreement, collusion, communication or conference, with any person, to fix the bid amount herein or any other bidder, or to fix any overhead, profit, or cost element of said bid amount, or that of any other bidder, or to secure any advantage against METRO or any person interested in the proposed Contract.

X. COVENANT AGAINST CONTINGENT FEES

By submitting this bid, the bidder certifies that he has not employed any company or person (other than a full-time, bona fide employee working solely for the bidder) to solicit or secure this Contract, and has not paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the bidder) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this Contract; and agrees to furnish information relating to the above, as requested by the Contracting Officer.

Y. PROHIBITION ON LOBBYING

No bidder or proposer shall, directly or indirectly, engage in any conduct (other than the submission of the proposal or other

IFB Doc2055850954 Contract No. ________________ prescribed submissions and/or presentations before the Evaluation Committee) to influence any employee of METRO or any member of the Metropolitan Transit Authority Board of Directors or the President and CEO Representative(s) concerning the award of a contract as a result of this Solicitation. Violation of this prohibition may result in disqualification of the proposer from further participation in future METRO solicitations or contracts. The communication blackout period shall commence from the issue of a solicitation through contract award. The Contract Administrator is the only METRO representative authorized to communicate with firms or their representatives during the blackout period.

Z. SOLICITATION ORDER OF PRECEDENCE

Notwithstanding the Article of this Solicitation entitled "Contract Order of Precedence," in the event of an inconsistency between provisions of this Solicitation prior to award, the inconsistency shall be resolved by giving precedence in the following order:

1. Solicitation Amendments (if any) with the latest having precedence;

2. Bid/Contract Amount, Items and Prices excluding any specifications or drawings;

3. Instructions to Bidders including Invitation for Bids form;

4. Solicitation, Bid and Award form/Attachments;

5. Technical Specifications/Scope of Service;

6. Contract Articles;

7. Drawings;

8. Any other full-text provision of this Solicitation whether incorporated by reference or otherwise.

AA. APPROVAL OF CONTRACT

If required by the METRO Procurement Manual, award of a Contract evolving from this solicitation shall be contingent upon the prior receipt of written approval from the METRO Board of Directors or the President and CEO Representative(s). No contractual agreement shall be binding on METRO until this approval has been obtained. It shall be the responsibility of firms responding to this solicitation to monitor Board award decisions. All persons and/or entities responding to this Solicitation hereby acknowledge the contract award requirement enumerated in this Paragraph. Anticipated Board Items are posted on METRO’s web site at https://www.ridemetro.org/AnticipatedProcurements

Public Notice of Solicitation Results The anticipated METRO Board meeting month for approval of a contract resulting from this solicitation will be forthcoming. It is the responsibility of the bidder to check METRO’s website for notices on the specific dates for METRO Board meetings. All bidders of this Solicitation and METRO hereby agree that this provision shall serve as the minimum required action by the bidder toward exercising due diligence in obtaining the results of this Solicitation. The requirement of approval by the METRO Board of Directors or the President and CEO Representative(s) for any particular solicitation is dependent upon several factors.

However, all bidders shall be required to check the METRO web site regarding whether or not the solicitation associated with their bid requires approval by the METRO Board of Directors or the President and CEO Representative(s). All persons and/or entities responding to this Solicitation hereby acknowledge the Public Notice of Solicitation Results enumerated in this Paragraph. METRO Board meeting notices are posted on METRO’s web site at:

http://www.ridemetro.org/Pages/BoardMeetingsAndNotices.aspx

BB. METRO-FURNISHED PROPERTY

METRO will furnish equipment and specifically described in the specification.

CC. CONFLICTS DISCLOSURE

Vendors doing business with METRO or seeking to do business with METRO are required to file a completed questionnaire (FORM CIQ) disclosing the vendor’s affiliations or business relationship with any Board Member, local government officer (or his or her family member). Form CIQ is available on METRO’s web site at http://www.ridemetro.org/Pages/ConflictsDisclosure.aspx

DD. SUBMISSION REQUIREMENTS AND PROCEDURES

Submission of the below forms identified as “Contractor Owned” are a condition to be met by the bidders in order to be deemed responsive and must be met as a condition prior to Contract award. Once completed and submitted, these documents will be considered “contractor owned” and will not be incorporated into the Contract. However, they will be made part of the original contract file. Any changes or adjustments to the information on these forms shall be submitted to the Contracting Officer and https://www.ridemetro.org/about/business-to-business#AdvanceProcurementNotices:%7E:text=View%20Awards-,Anticipated%20Procurements,-Each%20tab%20below http://www.ridemetro.org/Pages/BoardMeetingsAndNotices.aspx http://www.ridemetro.org/Pages/ConflictsDisclosure.aspx

IFB Doc2055850954 Contract No. ________________ the Office of Economic Business Opportunity for approval. Once approved, the updated form(s) will be added to the contract file without requiring modification to the contract.

Each bidder must complete, sign and return the following bid forms/Attachments at the times indicated below:

1. Bid Forms

*a “Disadvantaged Business Enterprise (DBE)”

*b. "Buy America Certificate".

*c. "Cargo Preference Certification"

*d. "Bus Testing Certification"

*e. "Federal Motor Vehicle Safety Standard (FMVSS) Certification of Compliance"

*f. "Pre-Award Audit of Vehicles for Specification and Buy America Compliance"

*g. "Certification of Restrictions on Lobbying”

*h. "Price Breakdown”

**i. "Request for Approval (RFA Form). Provided when required by the paragraph entitled “REQUEST(S) FOR

APPROVAL OR DEVIATION”.

*j. “Debarment and Suspension form ”. Bidder must provide this document with their bid and document must be signed.

*k. "Bidder's Questionnaire". Bidder must provide complete and current information in response to each question.

If the bidder is a joint venture, each joint venturer shall prepare and submit a separate form.

*l. "Americans with Disabilities ACT (ADA) Certification of Compliance"

*m “Motor Vehicle Pollution Requirements Certification of Compliance”

2. Bid/Award Forms

*a. "Solicitation, Bid and Award". (must be signed by bidder)

*b. "Bid/Contract Amount, Items and Prices".

**3. When a special license or permit is required by Federal, State or Local law or ordinance, a bidder must be properly licensed prior to bidding and furnish evidence of such with the bid.

* Provide with Bid ** Provide if applicable

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SECTION II - FORMS FOR BIDDING/PROPOSING

1 DISADVANTAGED BUSINESS ENTERPRISES (DBE)

I hereby certify that the Bidder has complied with the requirements of 49 CFR 26, Participation by Disadvantaged Business Enterprises in DOT Programs, and it has submitted a goal to Federal Transit Administration and it has not been disapproved.

Signature: __________________________________

Typed Name: __________________________________

Title: __________________________________

Company: __________________________________

Date: __________________________________

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2 BUY AMERICA CERTIFICATE

The Bidder/Contractor hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C), Section 165(b)(3) of the Surface Transportation Act of 1982, as amended, and the regulations of 49 CFR 661.11

Name of Bidder/Contractor:__________________________________________________

Date of Signing:___________________________________________________________

Signature: _______________________________________________________________

Title:____________________________________________________________________

OR

The Bidder/Contractor hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Act of 1982, as amended, but may qualify for an exception to the requirements consistent with 49 U.S.C.

5323(j)(2)(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Act, as amended, and the regulations in 49 CFR 661.7.

Name of Bidder/Contractor:__________________________________________________

Date of Signing:___________________________________________________________

Signature:________________________________________________________________

Title:____________________________________________________________________

3 BUY AMERICA PROOF OF PURCHASE NOTICE – SUPPORTING DOCUMENTS

The bidder/contractor shall provide proof that all required project equipment and products meet the requirements of 49 U.S.C. 5323 (j)(1), and the applicable regulations in 49 CFR Part 661.5, pursuant to purchase by submitting a copy of all Certificate of Origins, along with all digital photos of the data plates showing the place of assembly for each piece of equipment and/or product.

Name of Bidder/Contractor: __________________________________________________

Date of Signing: ___________________________________________________________

Signature: ________________________________________________________________

Title: ____________________________________________________________________

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4 CARGO PREFERENCE

Bidder/Contractor agrees to utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage involved (computed separately for dry bulk carriers, dry cargo liners, and tankers), whenever shipping any equipment, material, or commodities pursuant to this Contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

Bidder/Contractor agrees to furnish within 20 working days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the paragraph above to the FTA Administrator and to METRO (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20230.

Bidder/Contractor also agrees to insert the substance of the Contract article, entitled "Cargo Preference - Use of United-Flag Ships" in all subcontracts issued pursuant to the Contract.

Signature: __________________________________________________

Typed Name: _______________________________________________

Title: ______________________________________________________

Company: __________________________________________________

Date: ______________________________________________________

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5 DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTOR'S CERTIFICATION

Bidder hereby certifies that its firm is not on the U.S. General Services Administration's ‘List of Parties Excluded from Federal Procurement or Non-Procurement Programs’ and agrees to comply with the debarment and suspension requirements set forth in the Proposed Contract.

Signature: _________________________________