2-RFPDOC 6000000852.pdf

4 World Trade Center l 150 Greenwich Street, 21st floor l New York, NY 10007

February 14, 2022

SUBJECT: REQUEST FOR PROPOSALS FOR THE PERFORMANCE OF EXPERT

PROFESSIONAL SERVICES FOR MARKET RESEARCH AND

CUSTOMER DATA ANALYTICS, AND FORECASTING ANALYSIS AS

REQUESTED ON A “CALL-IN” BASIS DURING 2022 THROUGH 2026

(RFP #6000000852)

Dear Sir or Madam:

The Port Authority of New York and New Jersey (the “Authority” or “Port Authority”) is seeking Proposals in response to the subject Request for Proposals (RFP) for the performance of expert professional services for market research and customer data analytics, and forecasting analysis as requested on a “call-in” basis during 2022 through 2026.

The scope of services to be performed by you are set forth in Attachment A to the Authority’s standard agreement (the “Agreement”) included herewith. You should carefully review this Agreement as it is the form of agreement that the Authority intends that you sign in the event of acceptance of your Proposal and forms the basis for the submission of Proposals. At its discretion, the Authority may retain multiple firms for performance of the subject services.

I. PROPOSER REQUIREMENTS:

The Authority will consider only those firms who are able to demonstrate compliance with at least one (1) of the following minimum qualifications requirements:

A. The firm must have at least three (3) years of continuous experience immediately prior to the date of the submission of its Proposal as a provider of expert professional services in the category or categories for which they are proposing, similar to those outlined in Attachment A; or

B. The firm must have at least one (1) principal with a minimum of fifteen (15) years of experience working with public sector clients as a provider of expert professional services similar to those outlined in the category or categories for which they are proposing.

A determination that a Proposer meets the forgoing requirement(s) is no assurance that the Proposer will be selected for performance of the subject services. Firms that do not meet these requirements shall not be considered.

II. PROPOSAL FORMAT REQUIREMENTS:

To respond to this RFP, the Proposer shall submit a concise Proposal in response to each of the following basic criteria:

A. To be acceptable, this Proposal shall be no more than 20 pages, using 12 point or greater font size, not including resumes. The page limit pertains only to Letters E and H in Section III, below. Each resume shall be a maximum of two-pages using 12 point or greater font size. The Proposal pages shall be numbered. The cover page of your submittal must be labeled to include the RFP Number 6000000852 and title as indicated in the “Subject” above, full legal name of your firm and your firm’s Port Authority Vendor ID number.

If your firm is not a registered vendor with the Port Authority, please visit https://www.paprocure.com/irj/portal to create an account and receive a PA Vendor ID number.

For further instructions for creating a PA Vendor ID number and answers to frequently asked questions please visit:

https://www.paprocure.com/irj/servlet/prt/portal/prtroot/pcd!3aportal_content!2fcom.pany nj.fld_Anonymous!2fcom.panynj.ivw_supp_registration_id.

B. Separate each section of the Proposal with a divider that is labeled in accordance with the letter of the requirements specified below in Section III.

C. In each submission to the Authority, the Proposer shall use its FULL LEGAL NAME WITHOUT ABBREVIATIONS. Failure to comply with this requirement may lead to delays in contract awards and contract payments, which shall be the responsibility of the Proposer.

D. The Port Authority has transitioned to an entirely digital submission process for the receipt of proposals in response to this RFP using the Bonfire platform, located at the link below.

Proposers must register and create a free Bonfire account at the provided link in order to log in and download the referenced solicitation and associated information, and in order to upload proposal submissions. Registration on the Bonfire platform requires a registration that is separate and distinct from all other Authority software platforms.

The Authority shall accept only those proposals in electronic format for which the submission or modification is completed at the time of the Proposal Due Date. Proposal submissions will be accepted by upload only, at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded and received by the Authority no later than 2:00 P.M. ET on March 7, 2022. Emailed submissions, hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted.

Proposal submissions must be uploaded, submitted and finalized prior to the Proposal Due Date. Proposers are strongly urged to allow sufficient time of at least one (1) day prior to the Proposal Due Date to begin the uploading process and finalizing the Proposal submission. Proposers will receive an email confirmation receipt with a unique confirmation number once a Proposal submission is finalized.

Proposers will be permitted to submit modifications to Proposals or withdraw previously submitted Proposals electronically up to, but not after, the time of the Proposal Due Date.

https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.paprocure.com%2Firj%2Fportal&data=02%7C01%7Ctbarlotta%40panynj.gov%7Ce7d53a2301cc4e2474e108d7c11bc50b%7Cc4484a25d0d84ad0916aa889b6aa7a02%7C0%7C0%7C637190197317131762&sdata=YPMgLu1z%2BjDe3QFLaOZcHH4%2F9ct05d8m1ZXU0zCU1X4%3D&reserved=0 https://www.paprocure.com/irj/servlet/prt/portal/prtroot/pcd!3aportal_content!2fcom.panynj.fld_Anonymous!2fcom.panynj.ivw_supp_registration_id https://www.paprocure.com/irj/servlet/prt/portal/prtroot/pcd!3aportal_content!2fcom.panynj.fld_Anonymous!2fcom.panynj.ivw_supp_registration_id https://panynj.bonfirehub.com/portal/?tab=login

E. Interested Subconsultants are encouraged to add your firm to Port Authority certified Subconsultant’s list for this RFP using the following link: https://www.panynj.gov/port-authority/en/business-opportunities/solicitations-advertisements/professional-services.html. Prime proposers can access Subconsultants information by using the same link.

III. SUBMISSION REQUIREMENTS:

To respond to this RFP, provide the following information:

A. In the front of your Proposal, provide a copy of Attachment B (Agreement on Terms of Discussion), signed by an officer of your company.

B. A completed copy of Attachment C (Company Profile).

C. Transmittal Letter

Submit the transmittal letter, on letterhead, signed by an authorized representative, demonstrating compliance with the aforementioned “Proposer Requirements” as noted in Section I above. For all projects referenced, include the name of the client/company and the client/company’s contact information for verification purposes.

D. Provide the “multipliers” referred to in subparagraph 7A of the accompanying standard Agreement including a breakdown of said multiplier, indicating all of its components (e.g., vacation, holiday, sick pay, workers’ compensation, office rent, insurance, profit).

E. Firm Qualifications and Experience Identify the experience of your firm in providing services similar to those contemplated herein. Identify comparable services performed during the last three (3) years, owners (client/agency), owner’s contact information (for verification purposes), and indicate whether said projects were completed on schedule and within budget. Provide an explanation, if applicable, for why a project was not completed on schedule and/or within budget.

F. Staff Qualifications and Experience

Resumes, including technical qualifications, of all full-time engineering and technical personnel (including subconsultants, if any) of your firm who will be assigned to perform the requested services.

G. Include the names titles and hourly rate(s) and billing rates that would be in effect at the start of the Agreement term (January 1, 2022 to December 31, 2022) for professional and technical personnel who will be assigned to perform any services requested. Indicate billing rates for partners or principals and actual hourly pay rates for all other billable employees. Provide a company policy for compensation for premium pay (i.e. holidays, shift differentials, regular days, weekends and night work or union required payments must be included). Please use the provided attachment labeled “Exhibit I – Salary Schedule” as a template. Typical job titles may include, but are not limited to, the following:

1. Principal or Partner (Billing Rate)

2. Engineers (Actual Hourly Rate)

3. Technicians (Actual Hourly Rate) https://www.panynj.gov/port-authority/en/business-opportunities/solicitations-advertisements/professional-services.html https://www.panynj.gov/port-authority/en/business-opportunities/solicitations-advertisements/professional-services.html https://www.panynj.gov/port-authority/en/business-opportunities/solicitations-advertisements/professional-services.html

H. Management Approach Provide your proposed Management Approach to performing the required services, being responsive to the client’s needs, keeping the client apprised of the project status, and to ensuring the quality of the work product. This should also include the firm’s quality control and quality assurance approaches to invoice submission management quality control and quality assurance to ensure compliance with the Authority’s electronic Engineering Consultant Invoice Program, including but not limited to on-time, complete and accurate invoice submittals.

I. Your attention is directed to Paragraph 19 of the Agreement in which the Authority has stated the Minority Business Enterprises (MBEs), Women-owned Business Enterprises (WBEs), and Service-disabled Veteran-owned Business Enterprises (SDVOBs) goals for participation in this program. In order to facilitate the meeting of these goals, the Consultant shall use every good-faith effort to utilize subconsultants who are Authority-certified MBEs, WBEs or SDVOBs or SDVOBs certified by the State of New York to the maximum extent feasible. A listing of certified MBE/WBE/SDVOBs firms is available at https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity/directories-of-MWBE.html.

For each Task Order to perform work issued under this Agreement, the selected Consultant(s) shall submit to the Authority for review and approval prior to commencing any services, along with invoices, the Statement of Subcontractor Payments in the form of the MBE/WBE Participation Report (Form PA 3760C) and concerning SDVOB participation, the Proposer shall submit the SDVOB Participation Plans (Form PA 3760SDV1), both of which may be downloaded at https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html.

The Authority has a list of certified MBE/WBE/SDVOB service firms which is available to you at http://www.panynj.gov/business-opportunities/supplier-diversity.html. The Consultant will be required to submit to the Authority's Office of Diversity, Equity and Inclusion (ODEI) for certification the names of MBE/WBE/SDVOB firms it proposes to use who are not on the list of certified MBE/WBE/SDVOB firms.

The Consultant shall include their MBE/WBE Participation Plans (Form PA 3760C) with their task order proposals, to be reviewed and approved by the Authority’s ODEI.

Concerning SDVOB participation, the Consultant shall include their SDVOB Participation Plans (Form PA 3760SDV1) with their task order proposals, to be reviewed and approved by the Authority’s ODEI.

The MBE/WBE/SDVOB Plan submitted by the Consultant to the Authority shall contain, at a minimum, the following:

• Identification of MBE/WBE/SDVOBs: Provide the names and addresses of the MBE/WBE/SDVOBs. If none are identified, describe the process for selecting participant firms in order to achieve the good faith goals under this Agreement.

• Level of Participation: Indicate the percentage of MBE/WBE/SDVOB participation expected to be achieved with the arrangement described in the Plan.

• Scope of Work: Describe the specific scope of work the MBE/WBE/SDVOBs will perform.

https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity/directories-of-MWBE.html https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity/directories-of-MWBE.html https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html http://www.panynj.gov/business-opportunities/supplier-diversity.html

All MBE/WBE/SDVOB subconsultants listed on the MBE/WBE/SDVOB Participation Plan must be certified by the Authority in order for the Consultant to receive credit toward the MBE/WBE/SDVOB goals set forth in this Agreement. Please go to https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity.html to search for MBE/WBE/SDVOBs by a particular commodity or service. The Authority makes no representation as to the financial responsibility of these firms or their ability to perform work under this Agreement.

Subsequent to Agreement award, all changes to any of the MBE/WBE/SDVOB Participation Plans must be submitted via a Modified MBE/WBE/SDVOB Participation Plan to the Manager for review and approval by ODEI. For submittal of modifications to the MBE/WBE Plan, Consultants are directed to use form PA3760D, and for modifications to the SVOB Plan Consultants are directed to use form PA3760SDV2. The Consultant shall not make changes to any of its approved MBE/WBE/SDVOB Participation Plans or substitute MBE/WBE/SDVOB subconsultants or suppliers for those named in their approved plans without the Manager’s prior written approval. Unauthorized changes or substitutions, including performing the work designated for a subconsultant with the Consultant’s own forces, shall be a violation of this section. Progress toward attainment of MBE/WBE/SDVOB participation goals set forth herein will be monitored throughout the duration of the Agreement.

The Consultant shall also submit to the Project Manager, along with invoices, the Statement of Subcontractor Payments in the form of the MBE/WBE/SDVOB Participation Report, which may be downloaded at https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.htmlThe Statement must include the name and business address of each MBE/WBE/SDVOB subconsultant and supplier actually involved in the Agreement, a description of the work performed and/or product or service supplied by each such subcontractor/subconsultant or supplier, the date and amount of each expenditure, and such other information that may assist the Project Manager in determining the Consultant’s compliance with the foregoing provisions.

Prompt Payment/Retainage The Consultant shall pay each subconsultant under this Agreement, for satisfactory performance of its subcontract, no later than ten (10) days from the receipt of each payment the Consultant receives from the Authority. The Consultant shall return retainage payments, if any, to each subconsultant within ten days after the subconsultants’ work is satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the Authority. Failure to pay subconsultants or return retainage payments may constitute a material breach of this Agreement, entitling the Authority to remedies provided in this Agreement, in addition to any other available remedy.

MBE/WBE/SDVOB Conditions of Participation

MBE/WBE/SDVOB participation will be counted toward meeting the MBE/WBE/SDVOB agreement goal, subject to all of the following conditions:

1. Commercially Useful Function: An MBE/WBE/SDVOB is considered to perform a commercially useful function when it is responsible for the execution of a distinct element of work on a contract and carries out its responsibilities by actually performing, managing, https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity.html and supervising the work involved in accordance with normal industry practice. Regardless of whether an arrangement between the Consultant and the MBE/WBE/SDVOB represent standard industry practice, if the arrangement erodes the ownership, control or independence of the MBE/WBE/SDVOB or in any other way does not meet the commercially useful function requirement, that firm shall not be included in determining whether the MBE/WBE/SDVOB goal is met and shall not be included in MBE/WBE/SDVOB reports. If this occurs with respect to a firm identified as an MBE/WBE/SDVOB, the Consultant shall receive no credit toward the MBE/WBE/SDVOB goal and may be required to backfill the participation. An MBE/WBE/SDVOB does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction or contract through which funds are passed in order to obtain the appearance of MBE/WBE/SDVOB participation. An MBE/WBE/SDVOB may rebut a determination by the Authority that the MBE/WBE/SDVOB is not performing a commercially useful function to the Authority.

2. Work Force: The MBE/WBE/SDVOB must employ a work force (including administrative and clerical staff) separate and apart from that employed by the Consultant, other subcontractors/subconsultants on the Agreement, or their affiliates. This does not preclude the employment by the MBE/WBE/SDVOB of an individual that has been previously employed by another firm involved in the Agreement, provided that the individual was independently recruited by the MBE/WBE/SDVOB in accordance with customary industry practice. The routine transfer of work crews from another employer to the MBE/WBE/SDVOB shall not be allowed.

3. Supervision: All work performed by the MBE/WBE/SDVOB must be controlled and supervised by the MBE/WBE/SDVOB without duplication of supervisory personnel from the Consultant, other subconsultants on the Agreement, or their affiliates. This does not preclude routine communication between the supervisory personnel of the MBE/WBE/SDVOB and other supervisors necessary to coordinate the work.

Counting MBE/WBE/SDVOB Participation

The value of the work performed by an MBE/WBE/SDVOB, with its own equipment, with its own forces, and under its own supervision will be counted toward the goal, provided the utilization is a commercially useful function. An MBE/WBE/SDVOB prime contractor/consultant shall still provide opportunities for participation by other MBE/WBE/SDVOBs. Work performed by MBE/WBE/SDVOBs will be counted as set forth below. If the Authority determines that some or all of the MBE/WBE/SDVOBs work does not constitute a commercially useful function, only the portion of the work considered to be a commercially useful function will be credited toward the goal.

1. Subconsultants: One hundred percent (100%) of the value of the work to be performed by an MBE/WBE/SDVOB subconsultant will be counted toward the MBE/WBE/SDVOB goal. The value of such work includes the cost of materials and supplies purchased by the MBE/WBE/SDVOB, except the cost of supplies or equipment leased from the Consultant, other subconsultants or their affiliates will not be counted.

When an MBE/WBE/SDVOB subcontracts part of the work of its contract to another firm, the value of the subconsultant work may be counted toward MBE/WBE/SDVOB goals only if the MBE/WBE/SDVOB subconsultant is itself an MBE/WBE/SDVOB. Work that an MBE/WBE/SDVOB sub consults to a non-MBE/WBE/SDVOB firm does not count toward MBE/WBE/SDVOB goals.

2. Material Suppliers: Sixty percent (60%) of the expenditure to an MBE/WBE/SDVOB material supplier will be counted toward the MBE/WBE/SDVOB goal. Packagers, brokers, manufacturer’s representatives, or other persons who arrange or expedite transactions are not material suppliers within the meaning of this paragraph.

3. Broker’s/Manufacturer’s Representatives: One hundred percent (100%) of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees for transportation charges for the delivery of materials or supplies provided by an MBE/WBE/SDVOB broker/manufacturer’s representative will be counted toward the MBE/WBE/SDVOB goal, provided they are determined by the Authority to be reasonable and not excessive as compared with fees customarily allowed for similar services. The cost of the materials and supplies themselves will not be counted.

4. Services: One hundred percent (100%) of fees or commissions charged by an MBE/WBE/SDVOB for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of the work will be counted toward the MBE/WBE/SDVOB goal, provided the fee is reasonable and not excessive as compared with fees customarily allowed for similar services.

5. Joint Venture: Joint ventures between MBE/WBE/SDVOBs and non- MBE/WBE/SDVOBs may be counted toward the MBE/WBE/SDVOB goal in proportion to the total dollar value of the Agreement equal to the distinct, clearly defined portion of the work of the Agreement that the MBE/WBE/SDVOB performs with its own forces.

Contact ODEI at (201) 395-3117 for more information about requirements for such joint ventures.

J. A complete list of your firm’s affiliates.

K. If the Proposer or any employee, agent or subcontractor/subconsultant of the Proposer may have, or may give the appearance of a possible conflict of interest, the Proposer shall include in its Proposal a statement indicating the nature of the conflict and a proposed mitigation plan. The Authority reserves the right to disqualify the Proposer if, in its sole discretion, any interest disclosed from any source could create, or give the appearance of, a conflict of interest. The Authority reserves the right to disqualify the Proposer if, in its sole discretion, it is not possible to mitigate the conflict of interest, with respect to any conflict disclosed from any source. The Authority's determination regarding any question(s) of conflict of interest shall be final.

Proposers are advised that, while not currently anticipated, nothing herein shall preclude the Authority from determining at a subsequent point in time during performance of the services contemplated hereunder gives rise to the existence of, or the appearance of, a conflict of interest, and thereby conclude that a firm(s) selected for performance of the subject services, is/are expressly precluded from participation in, or the performance of other procurement opportunities for any project on which the firm has provided such services. Proposers are directed to Paragraph 32 of the attached Standard Agreement.

Proposers are further advised that under this Agreement, firms must provide, upon receipt of a Task Order issued by the Authority, written notice to the Authority of any existing or potential conflict of interest the firm(s) may have in the performance of Services under this Agreement. The Authority’s determination regarding any question(s) of conflict of interest shall be final.

L. The selected Consultant(s) shall comply with the requirements of the Agreement. You should therefore not make any changes in this Agreement, nor restate any of its provisions in your Proposal or supporting material.

IV. SELECTION PROCESS:

The qualifications-based selection shall take into consideration the following technical criteria, (listed in order of importance) and subsequently cost, as appropriate:

A. Qualifications and experience of the firm, including the quality of similar services provided to others including the demonstrated ability to complete the services in accordance with the project schedule;

B. Qualifications and experience of the staff proposed to perform services hereunder;

C. Management approach for the performance of the contemplated services.

After consideration of these factors, the Authority may enter into negotiations with the firms deemed best qualified in terms of the foregoing factors to perform the required services.

V. ADDITIONAL INFORMATION:

The Port Authority embraces a workplace where the values of diversity and inclusion support varying perspectives and backgrounds to produce a richer environment.

The Port Authority expects all our consultants, contractors and vendors, to demonstrate a similar commitment, and undertake every effort to ensure their project teams represent the diverse makeup of the communities in and around the Port District.

If your firm is selected for performance of the subject services, the Agreement you will be asked to sign will include clauses entitled “Certification of No Investigation (Criminal Or Civil Anti-Trust), Indictment, Conviction, Debarment, Suspension, Disqualification and Disclosure Of Other Information” And “Non-Collusive Proposing, And Code Of Ethics Certification;

Certification Of No Solicitation Based On Commission, Percentage, Brokerage, Contingent Or Other Fees.” By submitting a Proposal, the Consultant shall be deemed to have made the certifications contained therein unless said Consultant submits a statement with its Proposal explaining why any such certification(s) cannot be made. Such a submission shall be submitted in a separate envelope along with your Proposal clearly marked “CERTIFICATION

STATEMENT.”

It is Authority policy that its consultants, contractors and vendors comply with the legal requirements of the States of New York and New Jersey. Your attention is therefore called to New York State’s requirements that certain consultants, contractors, affiliates, subcontractors/subconsultants and subcontractors’/subconsultants’ affiliates register with the New York State Department of Taxation and Finance for the purpose of collection and remittance of sales and use taxes. Similarly, New Jersey requires business organizations to obtain appropriate Business Registration Certificates from the Division of Revenue of the State’s Department of the Treasury.

Proposers are also advised that additional vendor information, including but not limited to forms, documents and other related information, may be found on the Authority website at www.panynj.gov or https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html.

Each party agrees that an electronic signature to this Agreement whether affixed digitally or transmitted by fax, email or other electronic means, is intended to authenticate such party’s writing and to have the same binding and legal effect as an original signature. Signature shall be by a corporate officer authorized to bind the Proposer to the terms of the Agreement. The return of the copy executed by the Authority will effectuate the Agreement.

As a result of impacts related to COVID-19, the Authority may request that Consultant(s) respond to task orders solicited through this Call-In Program that may be funded in whole or in part by federal entities such as the Federal Emergency Management Agency (“FEMA”), Federal Transit Administration (“FTA”) and others. These specific task order requests shall be solicited, negotiated and issued in accordance with all applicable federal guidelines.

VI. TASK ORDER SOLICITATION PROCESS

Proposals for each Task Order will be solicited from all firms that have Agreements under the this “Call-In” program. Unless otherwise noted, the task order solicitation process is as follows:

A. The Authority will issue task order requests specific to the services listed in Attachment A under the appropriate category under this “Call-In” program. All firms who hold an executed Agreement under that specific category will be given a chance to submit a proposal.

B. Each task order proposal will be technically evaluated, and cost will be taken under consideration, as appropriate, for each task order request. An award for the task order will be made to the highest rated firm whose proposal offered the best value to the Port Authority.

The solicitation process set forth in this Section VI (Task Order Solicitation Process) do not represent a contractual or other obligation on the part of the Authority, and do not preclude the Authority from distributing work in a manner, which in its judgment will, under all circumstances, best serve the public interest.

Should you have any questions, please contact Courtney R. Eddington, Solicitation Manager, at ceddington@panynj.gov. All such correspondence must have your name, title, company, mailing address, telephone number, and state the subject RFP number in the subject line. The Authority must receive all questions no later than 4:00 P.M. ET, seven (7) working days before the RFP due date. Neither Ms. Eddington, nor any other employee of the Authority is authorized to interpret the provisions of this RFP or accompanying documents or give additional information as to their requirements. If interpretation or additional information is required, it will be communicated by written addendum issued by the undersigned and such writing shall form a part of this RFP, or the accompanying documents, as appropriate. For RFP updates and Addenda, if any, Proposers are encouraged to access, and monitor, the Bonfire platform at https://panynj.bonfirehub.com/portal/?tab=login. You should, therefore, monitor the advertisement on said website, as appropriate, to ensure you are aware of changes, if any.

http://www.panynj.gov/ https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html https://panynj.bonfirehub.com/portal/?tab=login

Proposal preparation costs are not reimbursable by the Authority, and the Authority shall have no obligation to a firm except under a duly authorized agreement executed by the Authority.

No rights accrue to any Proposer except under a duly authorized agreement for performance of the specified services.

The Authority reserves the unqualified right, in its sole and absolute discretion, to reject all Proposals, to undertake discussions and modifications with one or more Consultants, to waive defects in Proposals and to proceed with that Proposal or modified Proposal, if any, which in its judgment will, under all the circumstances, best serve the public interest.

ATTACHMENT A

PERFORMANCE OF EXPERT PROFESSIONAL SERVICES FOR MARKET

RESEARCH AND CUSTOMER DATA ANALYTICS, AND FORECASTING ANALYSIS

AS REQUESTED ON A “CALL-IN” BASIS DURING 2022 THROUGH 2026

I. BACKGROUND

For background with respect to The Port Authority of New York and New Jersey (the “Authority”), see www.panynj.gov. Additionally, the most recent electronic version of the Authority’s Annual Report is available at https://www.panynj.gov/corporate/en/financial-information/annual-report.html.

The Authority’s Tunnels, Bridges and Terminals Department (TB&T) operates the Holland and Lincoln Tunnels, the George Washington Bridge (GWB), Bayonne and Goethals Bridges, the Outerbridge Crossing, the Port Authority Bus Terminal (PABT) and the George Washington Bridge Bus Station (GWBBS). The Transportation and Revenue Programs Division is responsible for TB&T’s transportation and business planning.

II. SCOPE OF WORK

The services of the Consultant shall generally consist of supporting TB&T’s market research and customer data analytics, and forecasting analysis efforts as required, and shall include performance of a wide variety of planning studies, data collection and analyses, workshops, as well as preparing draft and final reports to document the services performed, as required.

III. DESCRIPTION OF CONSULTANT'S TASKS

Tasks to be performed by the Consultant may include, but are not limited to:

TASK A. MARKET RESEARCH, CUSTOMER DATA ANALYTICS, AND

FORECASTING

The Consultant shall be prepared to provide transportation engineering and planning expertise to advance market research, customer data analytics, and traffic forecasting. This task places a premium on data collection methodologies, data source manipulation, customer engagement strategies, and trend analysis. The task orders may include a variety of task elements below:

1. Origin and Destination Studies

Origin and destination studies may focus on autos, trucks, buses, transit passengers, pedestrians and/or cyclists.

a. Use appropriate survey methodologies to determine the origins and destinations of customers who use Authority vehicular crossings and bus terminals, segment data by facility, vehicle type, time of day, and day of week, etc.

b. Survey customer demographic information and other trip characteristics.

2. Public and Stakeholder Participation, Workshops or Focus Groups

Provide advice and support for meetings, workshops, focus groups, and other appropriate methods for engaging the general public and key stakeholders as part of the planning process as directed by task order and/or the Project Manager. Tasks may include:

a. Assist in developing the agenda for workshops, meetings, or focus groups.

http://www.panynj.gov/ https://www.panynj.gov/corporate/en/financial-information/annual-report.html https://www.panynj.gov/corporate/en/financial-information/annual-report.html

b. Identify potential speakers and assist in scheduling their appearance.

c. Facilitate workshops, focus groups, and other group discussions.

d. Frame the questions or topics for discussion, develop materials, recruit participants, host the sessions, and provide any incentives

e. Take notes and/or recordings, as approved by the Authority Project Manager, during workshops or meetings and produce reports or other documentation describing the discussions and key takeaways.

3. Customer Satisfaction Surveys Develop survey and sampling methodologies; develop, format, and produce survey instruments; conduct field work for sampling, and analyze survey data for:

a. Routine Customer Attitude Tracking Studies of bus terminals

b. Periodic Customer Attitude Tracking Studies at Authority bridges and tunnels

c. Capturing and reporting customer feedback and key performance indicators for both cash and E-ZPass customers.

d. Developing short customer surveys and processes for interpretation and monitoring with the goal of making improvements in customer satisfaction.

4. Behavioral Surveys

Develop and implement studies of customers using bus terminals, tunnels and bridges, as follows, using methods deemed appropriate by the Authority:

a. Conduct stated preference surveys or other appropriate methods to determine the optimal trade-offs between price and service packages for Authority customers.

b. Determine effects that changes in pricing or service levels could have on travel behavior (e.g., mode selection, facility selection and routing, time of travel, carpool formation, etc.). Key research objectives that include willingness to pay and value of time may be collected through various research tools such as stated-preference surveys, revealed preference research, etc.

5. Customer Data Analytics Using available data sources as appropriate, which may include TB&T data (toll lane data, credit/debit card transactions, etc.), open-source data, commercial databases, and Consultant proprietary databases:

a. Provide information about the demographics, behaviors, and values of Authority customers and potential customers (motorists, bus passengers, and freight industry customers).

b. Aggregate and identify patterns in multiple data sources to obtain the benefits of “big data” to help the agency gain intelligence about the regional travel market and the agency’s role in that market.

c. Recommend incentives that might change customer behavior.

d. Display and report data and data insights in graphically rich and intuitive reports for a non-technical management audience.

6. Traffic and Toll Revenue Forecasting Model Support Develop, evaluate, specify, and/or update econometric forecast models.

a. Create specialized reports for quarterly and annual forecasts.

b. Modify existing forecasting models to allow for enhancements, such as risk assessments, specialized forecasts of payment methods and toll plan participation, etc.

c. Perform refinements to allow for additional detail by vehicle type, and to incorporate new vehicle classifications.

d. Review potential sources of error in the Monthly Revenue Variance Report and recommend improvements.

e. Provide on-site training to Authority staff to instruct or introduce new refinements or model capabilities.

7. Toll Pricing Analyses

Analyze data to assess the potential impact of various proposed toll policy changes on traffic and revenue and report on and/or perform related functions.

a. Regularly update and revise the Authority’s Traffic and Toll Revenue Forecasting

Model and Toll Elasticity Tool to reflect new toll pricing proposals.

b. Analyze impacts of toll pricing options on traffic and travel diversions within and among travel corridors, between modes, by time of travel, and by method of payment.

c. Provide analytical support of pricing policy options that support traffic management and demand management objectives, including behavioral analyses of expected motorist reactions to various pricing policies.

d. Assess financial impacts of toll pricing policy options through detailed assessments of toll revenue generation and associated risks.

e. Ensure that the Traffic and Toll Revenue Forecasting Model is user-friendly in terms of input interfaces and output capabilities (i.e., reports).

f. Develop price elasticities for Authority facilities (including separately for each travel corridor, if required) based on available data or new research.

g. Develop cross-elasticities between cash and E-ZPass markets based on changes in market shares resulting from data such as previous changes in the E-ZPass/cash toll rate differential.

8. Travel Demand Forecasting Develop, calibrate, update, and/or expand existing regional travel demand models.

a. Employ multi-resolution modeling and forecasting methods to produce results by major travel corridors, vehicle type, and time of day.

b. Assess network diversions, mode, temporal demand shifts, new development patterns and land-use policies on the demand profiles of the interstate crossings and the corridors they serve.

9. Industry Research Provide research and insights into trends affecting the various industries relevant to the Authority’s various business interests (ex. long-haul trucking, charter buses, etc.).

10. Emerging Technologies Provide research on a range of emerging technologies, using methods deemed appropriate by the Authority including, but not limited to:

a. Toll and fare payment systems

b. Scheduling systems relevant for bus departures and/or truck deliveries

c. Automated and connected vehicle technologies

d. Drones

IV. CONDITIONS AND PRECAUTIONS

A. General:

The Consultant shall immediately inform the Authority of any unsafe condition discovered at any time during the course of this work.

B. Vehicular traffic at the site shall always have priority over any and all of the Consultant's operations.

C. Work Hours:

The Consultant shall coordinate its work at the site(s) with the Project Manager.

In any case, no work shall be performed at the site on any holidays observed by the Authority, unless otherwise directed by the Authority.

Lillian D. Valenti Chief Procurement Officer

4 World Trade Center l 150 Greenwich Street, 21st floor l New York, NY 10007

P.A. AGREEMENT # ***-**-***

DATE

FIRM

ADDRESS

CITY, ST ZIP

Attention: CONTACT, TITLE

SUBJECT: PERFORMANCE OF EXPERT PROFESSIONAL ****

SERVICES AS REQUESTED ON A "CALL-IN" BASIS DURING 20**

THROUGH 20**

Dear Mr./Ms. CONTACT:

1. The Port Authority of New York and New Jersey (the "Authority" or "Port Authority") hereby offers to retain FIRM NAME (the “Consultant" or "you") to provide expert professional services as more fully set forth in Attachment A, which is attached hereto and made a part hereof, on a "call-in" basis during 20** through 20**.

The Authority does not guarantee the ordering of any services under this Agreement and specifically reserves the right, in its sole discretion, to use any person or firm to perform the type of services required hereunder.

This Agreement shall be signed by you and by the Authority’s Chief Procurement Officer. As used herein, “the Director” shall mean the ******* of the Authority, or their duly authorized representatives.

For the purpose of administering this Agreement, the Director has designated DAR NAME, TITLE, to act as their duly authorized representative. The Project Manager for this project is NAME, tel. (***) ***-****, or e-mail address: ****@panynj.gov.

2. Time is of the essence. Your services shall be performed as expeditiously as possible and at the time or times required by the Director.

3. In response to a request for specific services hereunder and prior to the performance of any such services, you shall submit, in writing, to the Director for approval, an estimated cost and staffing analysis of such services. You shall begin performing services under this Agreement upon your receipt of the Director’s written (1) approval of such cost and (2) direction to proceed. At the point at which your expenditures for such services reach such approved estimated cost, you shall not continue to render any such services. Preparation of cost estimates and staffing analysis mentioned in this paragraph and in Paragraph 6 shall not be a compensable service hereunder.

4. In order to effectuate the policy of the Authority, the services provided by the Consultant shall comply with all provisions of federal, state, municipal, local and departmental laws, ordinances, rules, regulations, and orders which would affect or control said services as if the services were being performed for a private corporation, unless the Authority standard is more stringent, in which mailto:****@panynj.gov

<FIRM NAME>

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case the Authority standard shall be followed, or unless the Consultant shall receive a written notification to the contrary signed by the Director personally, in which case the requirements of said notification shall apply.

5. The Consultant shall meet and consult with Authority staff as requested by the Director in connection with any service to be performed herein. All items to be submitted or prepared by the Consultant hereunder shall be subject to the review of the Director. The Director may disapprove if, in his/her sole opinion said items are not in accordance with the requirements of this Agreement, accepted professional standards, or are impractical, uneconomical or unsuited in any way for the purpose for which the contemplated construction or services is intended. If any of the said items or any portion thereof are so disapproved, the Consultant shall forthwith revise them until they meet the approval of the Director, but the Consultant will not be compensated under any provision of this Agreement for performance of such revisions. No approval or disapproval or omission to approve or disapprove, however, shall relieve the Consultant of its responsibility under this Agreement to furnish the requested services in accordance with an agreed upon schedule, and in accordance with professional standards.

6. You shall not continue to render services under this Agreement after the point at which the total amount to be paid to you hereunder (including reimbursable expenses) reaches the combined total of each of the approved estimated costs, unless you are specifically authorized in writing to so continue by the Director. If no such authorization is issued, this Agreement shall be terminated without further obligation by either of the parties as to services not yet performed, but you shall be compensated as hereinafter provided for services already completed. It is understood, however, that this limitation shall not be construed to entitle you to the above amount as a minimum compensation.

7. As full compensation for all your services and obligations in connection with this Agreement, the Authority will pay you the total of the amounts computed under subparagraphs A, B, C, D, and E below, subject to the limits on compensation and provisions set forth in Paragraphs 3 and 6 above. Subject to the terms and conditions below, travel time is not reimbursable under subparagraphs A, B, and C hereunder.

A. For work performed at the Consultant’s offices, the Consultant will be compensated at an amount equal to *.** times the actual salaries paid by you to professional and technical personnel (but not partners or principals) for time actually spent by them in the performance of services hereunder; for work performed at Authority office(s), as mutually agreed upon, the Consultant will be compensated at an amount equal to *.** times the actual salaries paid by you to professional and technical personnel (but not partners or principals) for time actually spent by them in the performance of services hereunder, plus an amount equal to the number of hours actually spent by partners and principals in the performance of services hereunder times the billing rate (no multiplier applied) described below but in each case excluding premium payments for overtime work or night work or for performing hazardous duty. Attached hereto is a schedule of actual salaries and titles of technical staff or other permanent professional and technical personnel employed by you, as well as rates customarily billed for partners and principals on projects such as this. Said staffing analysis shall clearly indicate any of your employees, proposed by you to perform the requested services that are former Authority employees. For compensation purposes under this Agreement, no said salary or amount shall exceed the salary or amount received by said

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personnel or rate customarily billed for a partner or principal as of the effective date of this Agreement unless the Director has been notified in advance, in writing, of the increased salary, rate or amount and approves the increase.

At the Authority’s discretion, in lieu of the compensation terms set forth in Section 7.A. above, Task Orders may be issued whereby lump sum compensation is required. Those lump sum Task Order requests will include terms and conditions with respect to compensation, and you shall be required to submit a staffing analysis. For Task Order requests issued whereby the terms and conditions as stated in Section 7.A. above apply, the attached approved salary schedule, or any previously Authority-approved salary increase shall prevail.

The Consultant shall verify that its employees, subconsultants, or subcontractors working under this Agreement are legally present and authorized to work in the United States, as per the federally required I-9 Program. Furthermore, upon request of the Authority, the Consultant shall furnish, or provide the Authority access to federal Form I-9 (Employment Eligibility Verification) for each individual hired by the Consultant, performing services hereunder. This includes citizens and noncitizens.

The Authority reserves the right to interview and approve any and all personnel, amounts, billing rates and salaries of said personnel performing services under this Agreement. Any costs incurred by the Consultant pertaining to interviews of prospective personnel, if any, are not billable to the Authority. When requesting salary or billing rate adjustments for one or more of its personnel, the Consultant shall submit his/her name, title, current direct hourly rate or billing rate, proposed new direct hourly salary or billing rate, resulting percentage increase, effective date and reason for the requested change, setting forth in detail any increased cost to the Consultant of providing the services under this Agreement which has given rise to the request for increased salary. For adjustments submitted after the effective date of this Agreement, the Authority will grant an increase only if the Consultant demonstrates compliance with all of the following conditions: that increases in salary, or partner's or principal's billing rate or amount, are a) in accordance with the program of periodic merit and cost of living increases normally administered by it, b) warranted by increased costs of providing services under this Agreement, c) based upon increases in salaries and billing rates which are generally applicable to all of Consultant’s clients and d) in accordance with the Authority’s salary rate increase policy for the current year for Authority employees possessing comparable skills and experience. If, during any calendar year, Authority limits are not available to the Consultant in a timely fashion, increases falling within such limits may be approved retroactively, as appropriate. The amount of increase in salary or billing rate, if any, to be applicable under this Agreement will in all cases be finally determined by the Director or their designee, in their sole and absolute discretion.

Notwithstanding the above, the multipliers set forth in this subparagraph shall be applied only in the case of personnel other than partners or principals who are permanent employees.

B. The Consultant will be compensated at an amount equal to the premium payments for overtime work or night work or for performing hazardous duty, actually paid to professional and technical employees, but not partners or principals, for time actually spent by them in the performance of services hereunder when such overtime or other premium payments have been demonstrated to be in accordance with the Consultant's normal business practice will be reimbursed by the Authority when they have been authorized in advance by the Director in writing.

The Project Manager for the Authority shall have the right to authorize and approve premium

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payments up to a total amount of one thousand dollars ($1,000) per occasion. Payments above said total amount shall be subject to the prior written authorization of the Director. Such premium payments to supervisory employees, who do not receive such payments in the Consultant's normal business practice will not be given under this Agreement.

C. The Consultant will be compensated at an amount equal…