26-4314 Paratransit Software Integration Project Manager Solicitation.docx

CONTRACTUAL PROVISIONS

SUBURBAN MOBILITY AUTHORITY for REGIONAL TRANSPORTATION

REQUEST FOR PROPOSALS

Paratransit Software Integration Project Manager Control No. 26-4314

Prepared by: Erika Blocker

SMART

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

Return to Attention of:

eblocker@smartbus.org

RFP Control Number:

RFP Due Date: 3:00 PM Eastern Time, Friday, October 3, 2025

VENDOR NAME: _____________________________________________________

REPRESENTATIVE NAME: _____________________________________________

STREET ADDRESS: ___________________________________________________

CITY, STATE, ZIP: ____________________________________________________

PHONE: __________________________EMAIL: ____________________________

TABLE OF CONTENTS

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.

This project is utilizing Federal funds. A necessary part of the required documentation would be compliance with all the mandated Federal Clauses and Certifications. Please return all required Federal Clauses and Certifications with quotation to SMART for compliance determination before an award can be made.

1.02 Term of the Contract

SMART is interested in awarding a three (3) year contract with two (2) additional one (1) year options for a paratransit software integration project manager. SMART shall have full authority, at its sole and unilateral discretion, to exercise any options.

1.03 Scope of Work/Technical Specifications and Objective

SMART’s Paratransit Services Team is seeking project management (PM) support to oversee the contract process, planning, implementation, and expansion of a new regional paratransit scheduling and dispatching software (PSDS). SMART is separately procuring a PSDS solution and anticipates awarding this PM contract prior to awarding the PSDS contract.

The selected vendor will serve as an owner’s representative under the direction of SMART. Services include overall project management, PSDS transition planning, implementation oversight, change management and training, and testing as well as integration of the selected solution.

Task 1: Onboarding and Information Gathering

Task 1.1: Project Kickoff and Project Management Plan

A project management team (PMT) comprised of representatives from relevant SMART departments will guide the overall direction of the project. The Consultant will develop a project management plan (PMP) with input from the PMT that includes a schedule for each phase, type and timing of meetings (in-person and virtual), guidelines for coordination and decision-making with the selected PSDS vendor, templates for invoicing and progress reporting, and a SharePoint site. Also see Task 2 Deliverables.

Deliverables include the following:

· PMP

· Progress report template

· Invoicing format

· SharePoint site

· Required Reports as determined by SMART Task 1.2: Background Information and Current Service Model

The Consultant will assemble prior studies of Paratransit and demand-response services in the SMART service area and meet with the SMART team to understand the current state of services. If needed, the Consultant will conduct initial interviews with staff representatives (vehicle operators, maintenance, IT, road supervisors, schedulers, call takers, and dispatchers) to confirm the team’s understanding of current operations.

Task 1.3: Community Partnership Deployment

The Consultant will work with SMART staff to educate community partners on the software and implementation schedule to deploy the selected solution. Tasks include reviewing their current scheduling software in use, if any, showing a demonstration of the selected software, and attending meetings to review and recommend the next steps.

Deliverables include the following:

· Summary memorandum of documents reviewed and interview takeaways Task 2: Implementation Oversight

The Consultant will act as SMART’s representative leading oversight of PSDS implementation. This includes project coordination, vendor management, and technical oversight to ensure full alignment with operational needs and strategic goals. The following table outlines the PSDS required activities and deliverables and the Consultant’s role for each item. The Consultant’s deliverables are listed below the table.

PSDS Tasks and Timeline of Activities and Deliverables for Implementation with Consultant Role

• Timeline to be determined upon consultation with selected consultant.

Notice to Proceed

1.3 Project Management (PSDS)

1.4 Design Reviews

1.5 Testing

Deliverables include the following:

· Attendance at onsite and virtual meetings/trainings

· In-person observations of system deployment, including SMART vehicles

· Internal coordination meetings/trainings

· Client coordination meetings/trainings

· Invoicing and progress reports

· Comments on draft and final versions of

· System Implementation Plan (SIP)

· Preliminary Design Document (PDD) and Final Design Document (FDD)

· Acceptance Test Procedures (ATP) for each test stage in PSDS RFP table.

· Training Manuals

· Pilot/Installation Testing Results Document and Pilot/Installation Testing Approval

· System/User Acceptance Results Document and System/User Acceptance Testing Approval

· Go-live support

· Burn-in/Rigorous Testing Results Document and Burn-in/Rigorous Testing Approval

· Memorandum recommending Final System Acceptance Task 3: Training & Change Management The Consultant will oversee the selected vendors’ training and change management process to ensure successful system adoption across all user groups and departments. Key activities are presented below.

Change Management Planning The Consultant will develop a comprehensive plan, in collaboration with SMART leadership, to address operational and cultural transitions resulting from the new system. This includes working with vehicle operators, maintenance personnel, call-takers, schedulers, dispatchers, customer service staff, and IT support staff.

Training Support The Consultant will work with the selected PSDS vendor to customize training materials and schedules, including:

· Classroom and hands-on training for operators, dispatchers, call center, and customer service staff

· Virtual or in-person training for third-party operators, dispatchers, call center, and customer service staff

· Rider-facing education

Delivery & Feedback The Consultant will participate in training activities and recommend additional enhancements to user guides, gathering feedback to inform follow-up training efforts. The Consultant will monitor user adoption and obtain feedback from staff to identify barriers to adoption. The Consultant will recommend enhancements as needed post-launch.

Deliverables include the following:

· Change management plan technical memorandum

· Comments on training materials

· Participation in training sessions

· Interviews and surveys of staff and riders

· Post-launch review and recommendations technical memorandum

Task 4: Post-Launch Evaluation and Recommendations After 90 days following final system acceptance, and once per quarter for a one-year period, the Consultant will work with SMART to evaluate the system’s performance, document lessons learned and offer recommendations for improvement. Key activities are presented below.

Post-Launch Review The Consultant will obtain and evaluate system performance covering 60 days following go-live, including call volumes and hold times, on-time performance, no-shows, and other performance metrics, including complaints/customer feedback.

Deliverables include the following:

· Post-launch review technical memorandum

· Draft and final report summarizing overall process with recommendations for future enhancements

Monday, September 8, 2025

Friday, October 3, 2025

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 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, Communications and Equal Performance 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, Communications and Equal Performance 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. Whenever brand, manufacturer, or product names are used, they are included for the purpose of establishing a description of the item. This inclusion is not advocating or prescribing the use of a particular brand, item, or product. Whenever such names appear, requests for approved equal substitutions will be considered. Offeror's request for approved equals shall include all aspects of product which would document the products’ salient features.

All such Requests for Clarification, Communications and Equal Performance, along with SMART’s response(s) will be issued as addenda and made available to all prospective bidders. Approval, denial, and any other response(s) 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 of all pages and required documents. The company financials shall be sent as separate email. The required contents of each attachment are described below sent in one email.

TECHNICAL PROPOSAL

The Technical Proposal must include all the 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 the 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:

All proposals in response to this solicitation issued by Suburban Mobility Authority for Regional Transportation (SMART), must be submitted electronically via Bidnet Direct (MITN) at www.bidnetdirect.com or by email at bids@smartbus.org by Friday, October 3, 2025, 3:00 PM, ET. Physical submissions will not be accepted.

Vendors must be registered with Bidnet Direct to view, download, and submit bids/proposals/quotes should they choose to use Bidnet Direct for their submission. Registration is available at no cost at the following link: www.bidnetdirect.com.

If a vendor uses Bidnet Direct, it is the sole responsibility of each vendor to ensure that its electronic bid submission is completed and successfully uploaded to Bidnet Direct prior to the submission deadline indicated in the solicitation. Late submissions will not be accepted.

By submitting a proposal through Bidnet Direct, the vendor agrees to all terms and conditions of the solicitation and the electronic submission process.

For technical support with the Bidnet platform, vendors may contact Bidnet Direct at support@bidnet.com or call 800.835.4603.

SMART will also accept email submissions. See below for email submission instructions:

1. Email to: bids@smartbus.org

2. Subject Line: SMART RFP No. 26-4314 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 bids@smartbus.org email by 3:00 PM ET, Friday, October 3, 2025, should you choose to email your submission.

If any issues should arise when submitting your bid, contact the purchasing agent via email at eblocker@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 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. Ability to secure required bond(s), if required under the bonding requirements described herein.

3. 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 3.07, “EEO / Affirmative Action Compliance”.

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.

Price Proposal

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 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 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 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.

An “interested party” is a party that is an actual or prospective bidder or offeror whose direct economic interest would be affected by the award or failure to award the third-party contract at issue. A subcontractor is not an interested party.

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(s) 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.

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.

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SOLICITATION PROCEDURES

3.00 REQUIRED FORMS AND SUBMISSIONS

Forms 3.01-3.14 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.

Rates 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.

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 shall be valid for 160 days after due date. Pricing shall be firm fixed for the entire contract.

Hourly Price

Option Year 2 Option

1. Contract Process Support

/Hour

/Hour

/Hour

/Hour

/Hour

2. Implementation, Planning and Integration Scheduling

/Hour

/Hour

/Hour

/Hour

/Hour

3. Implementation Oversight

/Hour

/Hour

/Hour

/Hour

/Hour

4. Change Management, Training & Review

/Hour

/Hour

/Hour

/Hour

/Hour

Estimated Hours

Option Year 2 Option

1. Contract Process Support

2. Implementation, Planning and Integration Scheduling

3. Implementation Oversight

4. Change Management, Training & Review

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 No. 26-4314 did not have any addenda, please submit this form filled out as “NOT APPLICABLE”.

Addendum Number __________________, Dated _______________

Addendum Number __________________, Dated _______________

Addendum Number __________________, Dated _______________

Addendum Number __________________, Dated _______________

Name of Offeror: ____________________________

Signature Of Authorized Signer: _______________ __________

Name And Title of Offeror’s Authorized Official: ________________________________________

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. 26-4314. 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: _________________________

Name and Title of Offeror’s Authorized Official: _________________________

Date: _________________________

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

Award:

Name and Title of SMART Official

3.04 Requests for Clarification, Communications and Equal Performance

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 Clarification, Communications and Equal Performance 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, Communications or Equal Performance, please submit this form filled out as “NOT APPLICABLE”.

RFP Control Number: 26-4314 Request Number: ____________ Request Regarding RFP Section:

Clarification, Communication or Equal Performance Request:

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: 26-4314 Deviation Number: __________

Deviation Regarding RFP Section: _________________

Deviation:

Reason for deviation:

NAME OF OFFEROR: ____________________________

3.06 Compliance with Laws and Regulations

By signing below, Offeror certifies compliance with all applicable Federal, state, county, and local laws, regulations, ordinances, and codes in the performance of the Contract.

Additionally, Offeror certifies compliance with all FTA terms, including but not limited to FTA Circular 4220.1G as amended, which are hereby incorporated as applicable and consistent with current laws and regulations. Offeror is responsible for the procurement of all required permits and licenses. Offeror further certifies compliance with all changes to the aforementioned laws, regulations, ordinances, codes, policies, etc., throughout the term of the Contract. Offeror additionally certifies that it is not an Iran-linked business as set forth in the Iran Economic Sanctions Act, M.C.L. 129.311 et seq.

Offeror acknowledges and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Offeror, Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

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

Offeror hereby certifies compliance with all laws and regulations in the performance of this Contract.

Name of Offeror: _____________________________

Signature of Offeror’s Authorized Official: _____________________________

Name and Title of Offeror’s Authorized Official: _____________________________

Date: _____________________________

NAME OF OFFEROR: ____________________________

3.07 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 4.06, “Nondiscrimination” and Section 6.05 “Civil Rights Requirements”.

Additionally, certain contractors that are awardees of federally funded contracts are required to file affirmative action plans with government agencies as set forth in 41 C.F.R. Chapter 60 for purposes of compliance with the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. 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 employees[footnoteRef:2] [2: “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.] to fulfill duties for SMART’s federally funded transit projects? ____ Yes ____ No

1. 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

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 RESERVED

3.10 Lobbying Certification

Certification Regarding Lobbying

The undersigned certifies, to the best of his or her knowledge and belief, that:

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. 3801 et seq., apply to this certification and disclosure, if any.

Name of Offeror: _____________________________

Signature of Offeror’s Authorized Official: _____________________________

Name and Title of Offeror’s Authorized Official: _____________________________

Date: _____________________________

3.11 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.

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 “NONE EXIST”.

Name_________________________________________ Kinship________________________

Name of Offeror: _____________________________

Signature of Offeror’s Authorized Official: _____________________________

Name and Title of Offeror’s Authorized Official: _____________________________

Date: _____________________________

3.12 Offeror and Subcontractor Certifications

Program Overview

In accordance with 49 C.F.R. Part 26, and as further set forth in Contract Section 6.27, “Disadvantaged Business Enterprise”, as the recipient of federal funds, SMART sets an overall goal annually for DBE participation in contracts financed with federal funds.