25-4209 Customer Service Training Final.pdf

SUBURBAN MOBILITY AUTHORITY for REGIONAL TRANSPORTATION

REQUEST FOR PROPOSALS

Paratransit Customer Service Training

Control No. 25-4209

Prepared by: Marie Bouchard

SMART

Procurement Department-Buhl Building 535 Griswold Street, Suite 600 Detroit, MI 48226

Return to Attention of: Marie Bouchard bids@smartbus.org

RFP Control Number: 25-4209

RFP Due Date: 3:00 PM Eastern Time, May 28, 2025

VENDOR NAME: _____________________________________________________

REPRESENTATIVE NAME: _____________________________________________

STREET ADDRESS: ___________________________________________________

CITY, STATE, ZIP: ____________________________________________________

PHONE: __________________________EMAIL: ____________________________

mailto:bids@smartbus.org i

TABLE OF CONTENTS

1.00 INTRODUCTION AND STATEMENT OF WORK

1.01 INTRODUCTION AND SMART CONTACT INFORMATION

1.02 TERM OF THE CONTRACT

1.03 SCOPE OF WORK/TECHNICAL SPECIFICATIONS AND OBJECTIVE

2.00 SOLICITATION PROCEDURES

2.01 SOLICITATION SCHEDULE

2.02 PRE-PROPOSAL CONFERENCE

2.03 OFFEROR COMMUNICATIONS

2.04 ADDENDA TO THE RFP

2.05 PROPOSAL CONTENT REQUIREMENTS AND PROPOSAL SUBMISSION

2.06 MODIFICATION OR WITHDRAWAL OF PROPOSALS

2.07 PROPOSAL EVALUATION, NEGOTIATION, AND SELECTION

2.08 QUALIFICATION REQUIREMENTS

2.09 EVALUATION CRITERIA

2.10 DETERMINATION OF THE COMPETITIVE RANGE

2.11 BEST AND FINAL OFFERS (BAFO)

2.12 NOTICE OF INTENT TO AWARD, AND CONTRACT AWARD

2.13 PROTESTS

2.14 EFFECT OF TERMINATION OR SUSPENSION OF CONTRACTOR ON OTHER CONTRACTOR AND BIDDERS 11

3.00 REQUIRED FORMS AND SUBMISSIONS

3.01 PRICING SCHEDULE

3.02 ACKNOWLEDGEMENT OF ADDENDA

3.03 OFFER AND AWARD

3.04 REQUESTS FOR CLARIFICATIONS

3.05 PROPOSAL DEVIATION

3.06 EEO / AFFIRMATIVE ACTION COMPLIANCE

3.08 DEBARMENT AND SUSPENSION CERTIFICATION

3.09 CONFLICT OF INTEREST CERTIFICATION

4.00 GENERAL CONTRACTUAL PROVISIONS

4.01 CONTRACT, CONTRACT DOCUMENTS, AND CONFLICTS

4.02 AMENDMENTS

4.03 CHANGE ORDERS

4.04 RFP AND PROPOSAL OMISSIONS

4.05 GOVERNING LAW AND PARTIES; VENUE AND DISPUTES

4.06 COMPLIANCE WITH LAW

4.07 NONDISCRIMINATION

4.08 PRICE ADJUSTMENT FOR REGULATORY CHANGES

4.09 PAYMENT AND RETAINAGE

4.10 CANCELLATION OF PROCUREMENT

4.11 INDEMNIFICATION

4.12 RECORDS

4.13 TERMINATION OR SUSPENSION FOR CONVENIENCE

4.14 TERMINATION OR SUSPENSION FOR DEFAULT

4.15 SMART’S RIGHT TO DO WORK

4.16 CONFIDENTIALITY OF PROPOSALS

ii

4.17 SUCCESSION, ASSIGNMENT, AND SUBCONTRACTING

4.18 SURVIVABILITY AND SEVERABILITY

4.19 WAIVER

4.20 INCORPORATION OF RFP DOCUMENT

4.21 WARRANTY

4.22 ELECTRONIC SIGNATURE

5.00 REQUIRED SUBMISSIONS FOR SELECTED VENDOR(S) AFTER NOTICE OF INTENT TO

AWARD

1.00 INTRODUCTION AND STATEMENT OF WORK

1.01 Introduction and SMART Contact Information

This Request for Proposals (RFP) is being solicited by the Suburban Mobility Authority for Regional

Transportation (SMART), a public transportation authority in southeast Michigan that serves more than 10 million passengers annually.

1.02 Term of the Contract

SMART is interested in awarding a two (2) year contract with two (2) additional one (1) year options for customer service training. SMART shall have the full authority, at its sole and unilateral discretion, to exercise any options.

1.03 Scope of Work/Technical Specifications and Objective

The Suburban Mobility Authority for Regional Transportation (SMART) requests proposals from qualified and experienced training providers to conduct comprehensive customer service training for the paratransit call center, paratransit dispatchers, paratransit operators, and ADA administrative staff.

Multidisciplinary teams are encouraged, but not necessary, to address the multitude of services envisioned by SMART. The RFP is designed to encourage flexibility and innovation and aims to solicit proposals from a broad pool of qualified service providers. SMART desires bidder feedback to develop and implement a cost-effective and productive customer service training program which meets the authority’s goals and objectives. SMART expects to award this procurement to a single vendor; the authority encourages vendors incapable of providing all operations to partner with sub-contractors to propose complete solutions.

• SMART identified funding for a comprehensive training program. This includes funding for continual refresher training for all staff and new hire training.

Request For Proposals (RFP)

Title: Paratransit Customer Service Training

RFP Control Number: 25-4209

Date Advertised: May 7, 2025

Date Issued: May 2, 2025

Due Date: May 28, 2025

Time: 3:00 PM Eastern Time

Location: See Section 2.05: Instructions for Electronic

Submission

Purchasing Agent: Marie Bouchard

E-mail Address: mbouchard@smartbus.org

Telephone Number: (313) 223-2353

Manager of Contracts and

Procurement: Caleb Barrett

Project Manager: Daniel Whitehouse

• SMART Project Team:

o Project Manager, Norman Buhagiar, Assistant Vice President of Paratransit

Services

▪ Leslie Verstraete, Manager of Mobility Services

▪ Janai Wade, Manager of Talent Acquisition o Beth Gibbons, Chief of Staff o Daniel Whitehouse, Vice President of Paratransit and on Demand Services o Amie May, Vice President of Safety and Training

BACKGROUND

SMART is Southeast Michigan’s regional public transportation provider, offering convenient, reliable, and safe transportation for Macomb, Oakland, and Wayne Counties connecting people to employment, educational institutions, entertainment destinations, shopping, and medical facilities.

SMART offers Fixed-Route, paratransit, demand response, and on-demand service supported by federal and state funding and local contributions through a transit property tax millage from opt-in communities and bus fares. Approximately 2 million people live within a ¼ mile radius of a SMART bus route. Currently, ridership is approximately 4 million-plus annually including seniors, students, and professionals.

SMART directly operates its paratransit and demand response service. It is an advanced reservation, curb-to-curb option that provides trips within a 10-mile radius from the pickup point as long as it is located within the SMART service area. Riders must live further than 1/3 of a mile from a Fixed Route unless they are a senior (65 years +) or an individual with a disability. This service is meant to supplement Fixed Route in providing connectivity throughout the region.

PROJECT GOALS

SMART is in need of comprehensive training for paratransit staff in customer service training, disability awareness and sensitivity training, telephone etiquette.

SMART prioritizes enhancing staff members’ skills and improving customer service and passenger experience. Key components required for this training initiative are:

a) Customer Service Skills:

o Empathy training to understand passenger needs.

o Clear and professional communication techniques.

o Active listening exercises for effective conflict resolution.

b) Sensitivity Awareness:

o Workshops, fostering respectful environments.

o Scenario-based training, highlighting the importance of being sensitive to passenger backgrounds and needs.

o Disability awareness training—methods on working with people with physical, cognitive, and emotional challenges.

c) De-escalation Techniques:

o Role-playing difficult situations to practice calm, effective responses.

o Strategies for diffusing conflict peacefully and maintaining a composed demeanor.

o Management training as it relates to collaborating with subordinates.

d) Empowerment Strategies:

o Encouraging staff to make decisions prioritizing passenger satisfaction.

o Providing tools and resources enabling staff to resolve issues independently.

e) Consistent Service Delivery:

o Establishing clear service standards and expectations.

o Regular feedback sessions to align practices among all staff members.

Vendor must integrate metrics for evaluating the training’s impact—such as passenger satisfaction surveys or staff feedback—to ensure continuous improvement.

PROJECT BUDGET

SMART identified funding for a comprehensive customer service training program. This includes funding for continual refresher training for all staff and new hire training. This training will be provided to 142 paratransit operators, 12 paratransit dispatchers, 23 paratransit call takers, and

14 administrative staff members – please note that these numbers are subject to change. The vendor should provide a cost breakdown for each required training session.

CONTRACT SCHEDULE

The proposal should specify the anticipated deployment schedule ahead of the program launch date. The anticipated length of this contract will be 2 years. This contract will include up to two, one-year options of up to twelve (12) months each.

EXPLANATION OF THE PRICE

Contract pricing is based on SMART institutional knowledge and the cost for a contracted training vendor. Onsite training will be required for each department. Select topical training may be conducted virtually with prior approval from the authority.

SCOPE OF WORK

To design an effective training program for our team, the curriculum should cover a range of skills and strategies to ensure employees are well-equipped to manage a variety of tasks and challenges.

a) Effective Communication Skills

• Objective: Enhance verbal and written communication for clear, concise, and confident messaging.

• Topics:

o Active listening techniques (showing empathy and attentiveness).

o Tone and body language awareness (even in virtual settings).

o Professional language and avoiding jargon.

o Adapting communication style to different audiences.

o Clarity in articulating solutions and instructions.

b) Customer-Centric Mindset

• Objective: Foster an understanding of customer needs and how to meet them.

• Topics:

o The importance of customer satisfaction and retention.

o Identifying customer pain points and proactively addressing them.

o Personalizing interactions to build stronger relationships.

o Creating a positive first impression and building trust.

o Going above and beyond to exceed customer expectations.

c) Problem-Solving and Conflict Resolution

• Objective: Equip employees with skills to resolve issues quickly and professionally.

• Topics:

o Identifying root causes of issues and developing effective solutions.

o De-escalation techniques for handling complaints or difficult situations.

o Turning negative experiences into positive outcomes.

o Use of positive language in problem resolution.

o Decision-making models and frameworks for resolving conflicts.

d) Sensitivity Awareness

• Objective: Build awareness of diverse backgrounds and perspectives.

• Topics:

o Recognizing unconscious biases and overcoming them.

o Cultural sensitivity when interacting with customers from diverse backgrounds.

o Empathy in communication—recognizing and respecting emotions.

o Managing sensitive or personal customer inquiries appropriately.

e) Time Management and Multitasking

• Objective: Enhance the ability to manage workload and prioritize tasks effectively.

• Topics:

o Time-blocking and prioritizing urgent customer issues.

o Setting realistic goals and managing deadlines.

o Overseeing multiple customer inquiries simultaneously without compromising quality.

o Reducing distractions and staying focused during busy periods.

o Techniques for managing stress and avoiding burnout.

f) Handling Challenging Situations and Difficult Customers

• Objective: Prepare employees for situations where customers are upset or difficult.

• Topics:

o Managing customer frustration with patience and empathy.

o Identifying customer needs and emotional states quickly.

o Using active listening to defuse tension and offer solutions.

o Staying calm under pressure and following company policies.

o Practicing scenarios through role-playing exercises.

g) Team Collaboration and Support

• Objective: Foster effective teamwork and a supportive working environment.

• Topics:

o Encouraging open communication among team members.

o Collaborative problem-solving in a team setting.

o Sharing knowledge and resources for better service delivery.

o Providing constructive feedback and positive reinforcement.

o Building a culture of trust and mutual support within the team.

Training Method Suggestions:

a) Blended Learning Approach: Combine virtual instructor-led sessions, eLearning modules, and on-the-job practice.

b) Role-Playing & Scenarios: Encourage employees to participate in mock calls and conflict resolution exercises.

c) Knowledge Sharing: Utilize internal forums, knowledge bases, or group discussions for service knowledge and ongoing learning.

d) Feedback Loops: Use real-time feedback from peers and supervisors for continuous improvement.

Deliverables

The training provider is expected to deliver the following:

• Customized training curriculum based on onsite and virtual staff member needs

• Engaging and interactive training sessions, incorporating real-life scenarios

• Live and on-demand recorded training options

• Evaluation tools and assessments to measure training effectiveness

• Post-training support and resources for ongoing learning

• Certifications for Training

Incidentals

• All incidentals such as insurance, travel necessary to successfully, legally, and safely operate provide onsite training should be included in price.

Regulations Compliance

• Compliance with Title VI and ADA regulations, as well as EEO.

• Compliance with all federal, state and local laws.

• SMART may require proof/audit of the above requirements during this contract to ensure all requirements are met.

Reporting

Vendor must integrate metrics for evaluating the training’s impact, such as passenger satisfaction surveys or staff feedback, to ensure continuous improvement.

Data

SMART is the owner of all data collected and must have full access to all data. The exact data requirements will be determined prior to contract implementation but may be updated during the iterations listed above. The vendor shall work with SMART to provide data via a report, dashboard, and/or API. Data shall be made publicly available in a manner that protects user privacy. The vendor shall notify SMART and customers of any data breach, privacy violations, and/or other incidents within thirty (30) days of the event.

Timeline

The proposal should specify the anticipated deployment schedule ahead of the program launch date. The anticipated length of this contract will be two (2) years. This contract will include up to two, one-year options of up to twelve (12) months each.

2.00 SOLICITATION PROCEDURES

2.01 Solicitation Schedule

Pre-Proposal Conference (if applicable) (Section 2.02): N/A

Requests for Clarification and Communications and Equal Performance Deadline (Section 2.03):

May 14, 2025, 3:00 PM, ET

Proposal Due Date and Time (Section 1.01): May 28, 2025, 3:00 PM, ET

2.02 Pre-Proposal Conference

A Pre-Proposal Conference (including a site visit if applicable) will be held on the above date and time at . The project will be discussed at the meeting; however, no statements should be viewed as modifications to the RFP unless issued as addenda. Attendance is encouraged, but is not mandatory.

A Pre-Proposal Conference will not be held.

2.03 Offeror Communications

During the solicitation process, all forms of contact and correspondence in regard to any aspect of this solicitation shall only be with the Purchasing Agent identified in Section 1.01. Further, this

Offer must be made based upon an independent price determination, and Offeror shall not have communications with others for the purpose of restricting competition. Any alleged breach of this Section may, at SMART’s sole discretion, result in the rejection of the breaching Offeror’s proposal and reporting of such conduct to any applicable governing authorities.

At any time before the Requests for Clarification and Communications Deadline (See Section 2.01), the Offeror may request a clarification, interpretation, or further explanation of any portion of this RFP. All such requests should be done on Request for Clarification form(s), as provided in Section

3.04. Offerors may also request approval of an item that deviates from the specifications stated in the Scope of Work. All such Requests and SMART’s responses will be issued as addenda and made available to all prospective bidders. Approval, denial, and any other response to requests are in the sole discretion of SMART.

2.04 Addenda to the RFP

SMART reserves the right to amend the RFP at any time prior to the Proposal Due Date. Any such amendments will be issued as addenda to the RFP, and will become part of the RFP. Addenda will be posted exclusively on the MITN website, www.mitn.info. All Offerors shall acknowledge the receipt of all addenda in their proposal. Failure to do so may result in the rejection of an Offeror’s proposal, at SMART’s sole discretion.

2.05 Proposal Content Requirements And Proposal Submission

Offerors must precisely follow all of the instructions of the RFP. All proposals must include the entire RFP document, as the combination of the RFP and the Offeror’s response form the Contract.

Failure to conform to all content and packaging requirements may result, at SMART’s sole discretion, in rejection of an Offeror’s proposal. Proposals shall be submitted in two separately sealed packages, marked “TECHNICAL PROPOSAL” and “PRICING PROPOSAL”. Electronic submission only. Email attachments shall contain RFP all pages and required documents. The company financials shall be sent as a separate email. The required contents of each package are described below:

TECHNICAL PROPOSAL

The Technical Proposal must include all information necessary for SMART to evaluate both the Offeror, and the Offeror’s proposal. It must include the entire RFP document and all issues of responsibility and responsiveness, as set out in Section 2.08, “Qualification Requirements”, and

Section 2.09, “Evaluation Criteria”. Additionally, all required (non-pricing) forms, and any Deviation forms related to the Technical Proposal, shall be included and properly completed.

PRICING PROPOSAL

The Pricing Proposal shall include all information necessary for SMART to evaluate the Offeror’s proposed pricing, including any necessary supporting data. All required (pricing-related) forms including forms 3.01, 3.02 and 3.03, and any Deviations related to the Pricing Proposal, shall be included and properly completed.

Instructions for Electronic Submission:

1. Email to: bids@smartbus.org

2. Subject Line: SMART RFP #24-4057 Response – COMPANY NAME

3. Please number all pages of your document.

4. If your submission requires more than one email, please include behind your company name

“Email 1 of 2” or “Email 2 of 2,” whatever applies.

5. Please note, all requirements and due date requirements will remain in place. Your electronic submission must arrive in the purchasing agent’s email no later than the due date and time.

If any issues should arise when submitting your bid, contact the purchasing agent via email at mbouchard@smartbus.org at least 2 hours prior to the cut off time. If you do not receive receipt acknowledgement of your submission, please contact the purchase agent.

2.06 Modification or Withdrawal of Proposals

A modification of a proposal already received will be accepted by SMART only if the modification is received prior to the proposal Due Date, is requested by SMART, or is made in response to a request for revised proposals. All modifications shall be made in writing and executed and submitted in the same form and manner as the original proposals.

An offeror may withdraw a proposal prior to the proposal Due Date by submitting to SMART a written request for withdrawal executed by the offeror’s authorized representative. The withdrawal of a proposal does not prejudice the right of an offeror to submit another proposal within the time set for receipt of proposals.

2.07 Proposal Evaluation, Negotiation, and Selection

Proposals will be evaluated, negotiated, and selected using the criterion and processes explained herein. In addition to disqualifying proposers and/or proposals based upon this process, SMART may, in its sole discretion, reject any or all proposals or Offerors for any reason. Additionally, offerors are hereby on notice that the lowest dollar cost bidder may not always be awarded a contract. Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a bid may result in its rejection, at SMART’s sole discretion. SMART also reserves the mailto:bids@smartbus.org mailto:mbouchard@smartbus.org right to waive any defects or irregularities in any proposal, or to request that an Offeror provide any missing information and make corrections.

2.08 Qualification Requirements

Bids are first evaluated, as a threshold requirement to conduct business with SMART, to determine the responsibility of Offerors. If it is found that an offeror does not meet these requirements, that offeror is deemed non-responsible and their Bid will be excluded from consideration for Bid award. This determination is made in the sole discretion of

SMART. Responsibility requirements are as follows:

A. Sufficient financial strength and resources and capability to finance the work to be performed and complete the contract in a satisfactory manner as measured by one of the following:

1. Offeror's financial statements prepared in accordance with United States Generally Accepted Accounting Principles (GAAP) and audited or reviewed by an independent certified public accountant authorized to practice in the jurisdiction of either SMART or the offeror. If offeror does not have audited or reviewed financial statements, offeror may provide complete copies of the prior two year’s signed federal tax returns.

2. Willingness of any parent company to provide the required financial guaranty evidenced by a letter of commitment signed by an officer of the parent company having the authority to execute the parent company guaranty as evidenced by a Corporate Resolution of the

Parent Company. Such letter of commitment must be accompanied by the parent company’s financial statements prepared in accordance with United States Generally Accepted Accounting Principles (GAAP) and audited or reviewed by an independent certified public accountant.

It should be noted that this information is requested for internal evaluation purposes only, and like any other information which forms part of a proposer's submission, it will be held in strict confidence. However, once a proposer is selected, some or all the information submitted may be subject to the Freedom of Information Act, unless it qualifies as an exemption. If you would like anything kept confidential, please mark the materials as such.

Those materials will be returned to any proposers not selected. The materials of the selected vendor must be kept on file with SMART as part of the contract, however, in the event of a FOIA request, SMART will promptly notify the vendor and allow it the opportunity to seek judicial relief.

B. Evidence that the human and physical resources of the Offeror are sufficient to perform the Contract as specified and assure delivery of all equipment and/ or services within the time specified in the Contract. Examples of ways to demonstrate this are as follows:

1. Evidence of sufficient personnel staffing levels with sufficient skills, training, expertise, to complete the Contract as required and satisfy any circumstances that may arise during the Contract;

2. Evidence of sufficient equipment to complete the Contract as required and satisfy any circumstances that may arise during the Contract.

C. Evidence of satisfactory performance and integrity on past and current contracts.

Examples of ways to demonstrate this are as follows:

1. References from past and current clients;

2. Awards and accolades based upon similar past and current projects;

3. Prior contractual successes with SMART.

D. Compliance with all Equal Employment Opportunity laws and regulations. This may only be evidenced by proper completion of Form 3.06, “EEO / Affirmative Action Compliance”.

2.09 Evaluation Criteria

If a proposal has been determined to meet all Qualification Requirements and is not otherwise rejected, it is then evaluated based upon pricing and Evaluation Criteria for determining the competitive range or selection of a proposal for potential award.

Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a proposal that did not result in rejection will be evaluated in this Section according to what evaluation criteria they affect.

Category Percentage

Price:

• Cost-effectiveness and value for money

Qualifications and Experience of the Vendor:

• Knowledge of various physical, cognitive, and emotional challenges

• Optional Virtual or face to face presentations

• Years of experience with this type of work

• Experience and qualifications in Customer Service Training

Overview of vendors proposal:

• Framework for delivering customer service training

• Topics included in training plan

Compliance with the requirements and scope of work

Experience and Technical Expertise of Assigned Staff:

• Assigned staff

• Staff accomplishments and certifications

• Staff years experiences

Experience of Recent Clients for Similar Services:

• References

2.10 Determination of the Competitive Range

If proposal evaluation as explained in Section 2.08 and Section 2.09 does not provide sufficient information for SMART to select a proposal for potential award, SMART may, at its sole discretion, establish a competitive range of proposals for further discussion with SMART.

Proposals Not Within the Competitive Range

Proposals that have been determined to be outside of the competitive range, and unable to be made within the competitive range at SMART’s discretion, will be excluded from further evaluation and will not be considered for award.

Proposals within the Competitive Range

The Offerors who are found by SMART to be within the competitive range, or whose proposals may be made to be within the competitive range (at SMART’s discretion), will be notified in writing.

SMART will then undertake to further evaluate the remaining Offerors through interviews, requests for clarifications, site visits, or any other analysis determined by SMART to be probative of the

Offeror’s ability to perform the Contract.

Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a proposal may be negotiated at this time. Failure to come to a resolution acceptable to SMART may result in the rejection of that proposal from further consideration, at SMART’s sole discretion.

No information, financial or otherwise, will be provided to any Offeror about any of the proposals from other Offerors within the competitive range during this process, and Offerors will not be told of their rankings in relation to other Offerors.

2.11 Best and Final Offers (BAFO)

After further evaluation of the competitive range has been completed, each Offeror in the competitive range may be afforded, at SMART’s sole discretion, the opportunity to amend its proposal and make its BAFO. SMART may also use the BAFO process, in the issuance of a Request for Revised Proposals, to clarify, modify, delete, or add work or terms to any portion of the RFP.

Any modifications to the initial proposal made by an Offeror shall be clearly identified in its BAFO.

SMART will make any appropriate adjustments to the initial evaluation scores for any criteria which have been affected by modified or supplemental information supplied in the BAFO.

2.12 Notice of Intent to Award, and Contract Award

Once SMART has determined the Offeror to which it intends to award the Contract, a Notice of

Intent to Award letter will be sent to that Offeror requesting all Required Submissions, which are listed in Article 5.00. Failure to submit satisfactory documents within ten (10) business days may result, at SMART’s sole discretion, in the contract being awarded to an alternative offeror. These documents must be accepted prior to initiation of work under the Contract. The Notice of Intent to Award does not bind SMART, and is not an acceptance of the Offer.

The acceptance of an Offer for award, if made, shall be evidenced only by a fully executed Offer and Award Form, Form 3.03, delivered in person, by mail, or electronically to the Offeror whose Offer is accepted. No other act by SMART shall evidence acceptance of an Offer. Such notice shall obligate said Offeror to commence performance under the Contract.

2.13 Protests

Interested parties, as defined by FTA Circular 4220.1F, that believe they have been aggrieved by a solicitation or the award of any resulting contract may file a written notice of protest with the General Manager of SMART. This must be via certified mail, with a copy served upon SMART’s

General Counsel in the same manner. The General Manager or their designee shall review and determine the merits of any such protest. The General Manager may, at their sole discretion, schedule a hearing on the protest and/or receive evidence or legal argument from any interested party, but shall not be bound by the rules of evidence nor formal procedure. The General Manager shall issue their conclusion to the protesting party in writing via certified mail, and shall also advise the SMART Board of Directors.

Protests addressing the adequacy of the solicitation process, and all solicitation documents, must be received by the General Manager no later than five (5) business days before the Proposal Due

Date (See Section 1.01). Notice of protest of the award of a solicitation must be received by the General Manager no more than five (5) business days after the SMART Board of Directors has authorized the General Manager to award a contract for that solicitation. Failure to adhere to these time limitations will result in the protested issue(s) being waived by all parties.

All determinations made by the General Manager are final. All protests shall be made in accordance with any and all applicable laws, regulations and ordinances.

2.14 Effect of Termination or Suspension of Contractor on Other Contractor and Bidders

In the event the primary vendor is suspended or terminated, SMART reserves the right in its sole discretion to make the secondary vendor the primary vendor or to contract with a different contractor that either previously bid in response to this solicitation or through other contracting procedures consistent with SMART’s contracting policy to be the primary vendor. SMART has the sole discretion to follow these same procurement procedures if the secondary vendor is terminated or suspended and SMART chooses to replace the secondary vendor.

3.00 REQUIRED FORMS AND SUBMISSIONS

Forms 3.01-3.09. must be completed and included in the Offeror’s Response to the Proposal, even though some may not seem to apply to this solicitation. Failure to complete any of these forms may result, at SMART’s sole discretion, in the rejection of that proposal. Forms 3.01, 3.02, and

3.03 shall be submitted with the Price Proposal. The remaining forms shall be submitted with the Technical Proposal.

Article 5.00, Required Submissions for Selected Vendor after Notice of Intent to Award, details all submissions the successful Offeror must produce before being awarded the Contract. When

SMART has chosen an Offeror to which it intends to award the Contract, a Notice of Intent to Award letter, see Section 2.12, will be sent to the recommended vendor and will require all submissions prior to the award of the Contract.

3.01 Pricing Schedule

The Offeror hereby offers to furnish to SMART all goods and/or services at the prices as proposed below, pursuant to all requirements, terms, and conditions as stated in the RFP and response.

Alternative pricing schemes may be proposed provided that they are in addition to a base proposal, and shall be included with the Pricing Proposal.

Pricing provided must be inclusive of all costs and fees, including but not limited to those fees imposed by Federal, state, and local governments. No additional fees will be accepted.

Pricing shall be valid for 120 days after the due date. Pricing shall be firm fixed for the entire contract, including option years.

Description

Effective Communication

Skills

Customer- Centric

Mindset

Problem- Solving and

Conflict

Resolution

Sensitivity Awareness

Time Management and

Multitasking

Handling

Challenging Situations and Difficult Customers

Team Collaboration and Support

Virtual Cost

In Person

Cost

Hours

NAME OF OFFEROR: __________________________________

3.02 Acknowledgement of Addenda

Addenda are published on the Michigan Intergovernmental Trade Network website, www.mitn.info. Failure to acknowledge all addenda may result in rejection of any such proposal, at SMART’s sole discretion.

The Offeror acknowledges receipt of the following addenda. If the RFP 25-4209 did not have any addenda, please submit this form filled out as “NOT APPLICABLE”.

Addendum Number __________________, Dated _______________

Name of Offeror: ____________________________

Signature Of

Authorized Signer: _______________ __________

Name And Title of Offeror’s Authorized Official: ________________________________________ http://www.mitn.info/

3.03 Offer and Award

By executing below, the Offeror hereby offers to furnish equipment and services as proposed, pursuant to all requirements, terms, and conditions as stated in the RFP and response, and incorporated in SMART’s Request for Proposal No. 25-4209. Offeror stipulates that all terms of the Contract are negotiated, and that the consideration for this Contract is real and not merely a recital. This Contract is valid and enforceable with electronic, facsimile, and mechanically reproduced signatures, and if separately countersigned. This Offer shall remain open and valid until the award of this Contract, or until the withdrawal of this solicitation, whichever is greater.

Offer: Company Name: _________________________

Street Address: _________________________

City, State, Zip: _________________________

Legal Entity (Check One): ☐Individual / Sole Proprietor

☐C Corporation

☐S Corporation

☐Partnership

☐Trust / Estate

☐Limited Liability Company

State of Incorporation: _________________________

Tax ID Number: _________________________

Name of Authorized Official: _________________________

Signature of Offeror’s Authorized Official: _________________________

Title of Offeror’s Authorized Official: _________________________

Date: _________________________

By executing below, SMART accepts the Offer as indicated above.

Award:

Name and Title of SMART Official

Signature Date

3.04 Requests for Clarifications

This form must be used to request clarifications, changes, substitutions, explanations, or approval of items equal to items with specified brand names. This form must be submitted by the Requests for Clarification and Communications Deadline, noted in Section 2.01. Each request must be submitted on a separate form.

Multiple questions on the same form will not be answered. Attach additional pages if necessary. If Offeror has no Requests for Clarification, please submit this form filled out as “NOT APPLICABLE”.

RFP Control Number: 25-4209 Request Number: ____________

Clarification Regarding RFP Section: _____________

Request for Clarification:

Reason/Rationale for Request:

NAME OF OFFEROR: ____________________________

SMART Response:

3.05 Proposal Deviation

This form must be completed for each condition, exception, reservation, understanding, additional or contradictory terms, etc. (i.e. deviation) in Offeror’s proposal. Any and all deviations and rationale must be explicitly stated so that they may be properly evaluated. Deviations which SMART finds ambiguous, unfavorable, or unacceptable may result in lowered proposal evaluation scoring, or may result in the rejection of the proposal, at SMART’s sole discretion. Copies of this form must be submitted for each deviation. Attach additional pages if necessary. If Offeror has no Proposal Deviations, please submit this form filled out as “NOT APPLICABLE”.

RFP Control Number: 25-4209 Deviation Number: __________

Deviation Regarding RFP Section: _________________

Deviation:

Reason for deviation:

NAME OF OFFEROR: ____________________________

3.06 EEO / Affirmative Action Compliance

SMART only conducts business with Offerors who are Equal Opportunity Employers. Offerors must complete this form regarding compliance. Offerors must comply with SMART’s nondiscrimination requirements as set forth in Section 4.07, “Nondiscrimination”.

Additionally, certain contractors that are awardees of federally-funded contracts are required to file affirmative action plans with government agencies as set forth in Executive Order 11246 and its implementing regulations, 41 C.F.R. Chapter 60. Please note that while Offeror may receive funds from, and provide transit-related employees to, other FTA direct and sub-recipients, this should not be considered when answering the questions below. To assist SMART in determining whether Offeror is required to have such a plan on file, please answer the following questions:

1. Does Offeror employ over fifty (50) transit-related employees1 to fulfill duties for SMART’s federally-funded transit projects? ____ Yes ____ No

2. Has Offeror completed in excess of $1,000,000 in contracts with SMART in the past year? ____ Yes ____ No

If Offeror answered “Yes” to both questions, please provide SMART with a copy of your Affirmative Action Plan and state below which government agency currently has Offeror’s Affirmative Action Plan on file:

Offeror hereby affirms compliance with all Equal Employment and applicable Affirmative Action requirements as required by law and as set forth herein.

Name of Offeror: _________________________

Signature of Offeror’s Authorized Official: _________________________

Name and Title of Offeror’s Authorized Official: _________________________

Date: _________________________

Should you have any questions or concerns regarding the completion of this form, or compliance provisions set forth herein, please contact:

Candice Fowler, Civil Rights and External Drug and Alcohol Compliance Manager

SMART

Buhl Building, Suite 600

535 Griswold Detroit, MI 48226

Phone: (313) 223-2167 cfowler@smartbus.org

1 “Transit-related employee” refers to an employee of an FTA applicant, recipient, subrecipient, or contractor who is involved in any aspect of an agency’s (i.e., SMART’s) public transit operation funded by

FTA. 49 CFR 4704.1a Sections 1.4 and 1.6.

3.08 Debarment and Suspension Certification

Certification of Primary Participation Regarding Debarment, Suspension and Other Responsibility Matters

Offeror certifies, to the best of its knowledge and belief, that it and each of its principals:

1. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;

2. Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him, her for or it commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of

Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;

3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State, or local) with commission of any offense described in paragraph 2 of this certification;

4. Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default.

The certification in this clause is a material representation of fact relied upon by SMART. If it is later determined that the bidder or proposer provided an erroneous certification, in addition to remedies available to SMART to terminate or suspend the contract arising from this solicitation, the Federal

Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 48 C.F.R. Part 9 and 2 C.F.R. Part 180 and any other disclosures required in this Section while this offer is valid and throughout the period of any contract that may arise from this offer, and has the affirmative obligation to notify SMART in writing to the contracting officer and the SMART General Manager by Certified

Mail, of any events or circumstances that come into existence that would necessitate a change in, or a withdraw of, the certifications set forth in this section. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Signature of Offeror’s Authorized Official: _____________________________

Name and Title of Offeror’s Authorized Official: _____________________________

Date: _____________________________

3.09 Conflict of Interest Certification

Conflict of Interest Certification

No employee, officer or member of the Board of Directors of SMART shall solicit or be a party, directly or indirectly, to any contract between him/herself and any firm of which he/she is a partner, member or employee. Kinship shall extend to all parents, children, grandparents, grandchildren, uncles, aunts, first cousins, nephews or nieces whether related by marriage or blood.

The contractor shall indicate below the names and kinship between the officers and/or principal beneficiaries of the firm bidding on this solicitation and any SMART employee, officer or board member who may exercise any discretion over the letting, evaluating, awarding or administering of this solicitation and resulting contract:

PLEASE INDICATE ANY RELATIONSHIPS BELOW. IF NONE EXIST, please submit this form filled out as “NOT APPLICABLE”.

Name_________________________________________ Kinship________________________

Name of Offeror: _____________________________

Signature of Offeror’s Authorized Official: _____________________________

Name and Title of Offeror’s Authorized Official: _____________________________

Date: _____________________________

4.00 GENERAL CONTRACTUAL PROVISIONS

This Article contains terms and conditions of the Contract.

4.01 Contract, Contract Documents, and Conflicts

The documents (including portions of the RFP), and materials incorporated therein, listed below constitute the complete contract (referred to throughout the solicitation as the “Contract”) between SMART and the Offeror. This Contract contains the entire agreement of the parties, and supersedes all prior negotiations, agreements, conversations, communications, and any other understandings with respect hereto.

The Contract consists of:

1. Amendments, if applicable

2. Best and Final Offer, if applicable

3. Addenda, if applicable

4. Introduction and Statement of Work (Article 1.0)

5. General Contractual Provisions (Article 4.0)

6. All other Articles and Sections of the RFP, as issued

7. Offeror Proposal

All requirements and duties of the Contract issued by SMART are independent and shall augment any other similar requirements and duties stated herein. If any direct conflict among the requirements and duties of the Contract arises, the order of precedence shall be as listed above.

Contractor shall not cause SMART to breach the Master Agreement for Public Transit Contracts between the Michigan Department of Transportation and SMART (“MDOT Master Agreement”). For any Contract utilizing funds from the Michigan Department of Transportation, the terms and conditions of the MDOT Master Agreement shall be incorporated by reference.

4.02 Amendments

Amendments to this Contract are valid only if in writing and signed by the SMART Procurement

Manager and an authorized representative of the Contractor. Notwithstanding, no amendments to this Contract are valid that are in violation of applicable laws, regulations, or SMART Board Policy.

4.03 Change Orders

SMART reserves the right to require alterations in, additions to and deductions from the work initially contemplated in the formation of the Contract without rendering void the Contract. All work shall be described in a written Change Order signed by the SMART Procurement Manager.

The contractor shall submit a detailed technical proposal for the amended requirements within 30 days if necessary, as determined by SMART. If the Contractor determines that any pricing changes will result from the Change Order, it shall be treated as a request for an amended pricing schedule and Contractor shall not proceed with the modified work until authorized by SMART. Amended pricing information shall be submitted with all backup documentation within 30 days. The proposed technical proposal and, if applicable, pricing schedule, shall be accepted or modified by negotiation.

Disagreements arising under this Section that cannot be resolved by negotiation may result, at

SMART’s sole discretion, in a Termination for Default (See Section 4.14) of the Contract. SMART may alternatively elect, at its sole discretion, to revert to the original requirements of the Contract.

4.04 RFP and Proposal Omissions

The Contractor shall have the responsibility of supplying all parts and services required to make the product complete and ready for service, even though such details may not be specifically set forth in the RFP or Proposal. If Offeror is uncertain about responsibility to supply parts or services due to perceived ambiguity within the RFP, it is the sole responsibility of the Offeror to submit Form

3.04, “Request for Clarification”, or Form 3.05, “Proposal Deviation”, as appropriate.

4.05 Governing Law and Parties; Venue and Disputes

This Contract and all related disputes shall be interpreted in accordance with the laws of the State of Michigan, except those which would direct the application of the laws of another jurisdiction. All disputes arising under this Contract shall be decided by arbitration if the parties mutually agree, or in a court in the State of Michigan of competent jurisdiction.

4.06 Compliance with Law

Offeror certifies compliance with all applicable Federal, state, county, and local laws, regulations, ordinances, and codes; including those which the FTA requires all Offerors explicitly certify compliance with, as listed below:

American Recovery and Reinvestment Act FTA Cargo Preference requirements FTA Fly America requirements Clean Air Act

Water Pollution Control Act Copeland Anti-Kickback Act

Contract Work Hours and Safety Standards Act Energy Policy and Conservation Act Privacy Act Michigan Iran Economic Sanctions Act

Resource Conservation and Recovery Act

Additionally, Contractor certifies compliance with all FTA terms, including but not limited to FTA

Circular 4220.1G, as amended, which are hereby incorporated. Contractor is responsible for the procurement of all required permits and licenses. Contractor further certifies compliance with all changes to the aforementioned laws, regulations, ordinances, codes, policies, etc., throughout the term of the Contract. Contractor additionally certifies that it is not an Iran-linked business as set forth in Michigan Public Act 517 of 2012.

Finally, Offeror shall determine whether any or all of the aforementioned requirements apply to any or all subcontractors, and certifies compliance by any such applicable subcontractors.

The Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247, and to include these requirements in all contractor and subcontractor tiers.

4.07 Nondiscrimination

In connection with the performance of work under this contract; Contractor agrees as follows:

1. In accordance with Title VI of the Civil Rights Act of 1964, Section 303 of the Age Discrimination

Act of 1975, section 202 of the Americans with Disabilities Act of 1990, 49 U.S.C. section 5332Public Act 453 of 1976 (Elliott-Larsen Civil Rights Act), and SMART policy, the contractor shall not discriminate against an employee or applicant for employment with respect to hire, tenure, treatment, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status. A breach of this covenant will be regarded as a material breach of this contract. Further, in accordance with Public Act 220 of 1976 (Persons with Disabilities Civil Rights Act), as amended by Public Act 478 of 1980, the contractor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. A breach of the above covenants will be regarded as a material breach of this contract.

2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Section 4.07.

3. The contractor will take affirmative action to ensure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, age, sex, height, weight, marital status, or any disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, the following:

employment; treatment; upgrading; demotion or transfer; recruitment; advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,…