3-04 Exhibit B 33B.pdf

Solicitation No. P-2095793

DART Form 33B (11/25) Page 1 of 8 Exhibit B

DALLAS AREA RAPID TRANSIT

EXHIBIT SPECIAL SOLICITATION INSTRUCTIONS and CONDITIONS

Table of Contents

1 INTRODUCTION AND PURPOSE OF SOLICITATION (B-100.01A, JAN 02)

2 SUBMISSION OF SCHEDULE OF SUBCONTRACTOR(S)/SUBCONSULTANT(S) (B-100.23, SEP 03)

3 EVALUATION AND BASIS FOR AWARD (B-100.03, JAN 02)

4 SUBMISSION OF PROPOSAL (B-100.14B, FEB 05)

5 PROPOSAL PREPARATION AND FORMAT (B-100.14SA, JUN 06)

6 PROPOSAL CONTENT AND EVALUATION FACTORS FOR AWARD, (B-100.14SB, AUG 04)

7 EVALUATION OF PROPOSALS AND SELECTION PROCEDURE (B-100.15D, JUN 05)

8 INCORPORATION OF OFFEROR’S PROPOSAL (B-100.16A, AUG 04)

9 QUESTIONS CONCERNING THE SOLICITATION

10 SUBMISSION OF PROPOSALS

1 Introduction and Purpose of Solicitation (B-100.01A, JAN 02)

(a) The Dallas Area Rapid Transit Authority (the "Authority" or "DART") is a public transportation agency providing an assortment of transportation services to 13 cities in the Dallas, Texas, Metroplex.

Transportation services include bus, an electric light-rail system, a commuter rail line, high occupancy vehicle (HOV) lanes, ride-share programs, curb-side services for the mobility impaired, and transit educational services.

(b) The Authority is seeking sealed offers from qualified firms or individuals interested in providing indicate goods or services as appropriate, as described in Exhibit I.

2 Submission of Schedule of Subcontractor(s)/Subconsultant(s) (B-100.23, SEP 03)

Each offeror should include a completed Schedule of Subcontractor(s)/Subconsultant(s) form provided as Attachment 1 to Exhibit B with their offer. The contents of the form may be a factor used in determining an offeror's responsibility.

3 Evaluation and Basis for Award (B-100.03, JAN 02)

(a) One Award (B-100.03A, AUG 04)

One contract award is anticipated under this solicitation. Multiple contract awards shall not be made.

(a) Definite Quantities (B-100.05A, AUG 90)

The quantities specified in the Schedule shall be purchased under this solicitation.

(b) Unit and Extended Pricing (B-100.08A, OCT 04)

Offerors shall insert the unit price and extended amount for each line item offered on the Schedule. If a line item is offered at “No Cost,” enter “No Cost” in the unit price column. Additionally, offerors shall calculate and insert the total price in the space provided on the Schedule.

(c) Right to Reject Materially Unbalanced Offers (B-100.09A, JUL 04)

The Authority reserves the right to reject offers that are materially unbalanced, i.e., that contain unreasonably high unit prices for some items and/or unreasonably low unit prices for other items.

(d) All or None Pricing (B-100.10A, FEB 05)

DART Form 33B (11/25) Page 2 of 8 Exhibit B

Failure of an offeror to provide prices for all line items listed on the Schedule may be cause for rejection of the entire offer. However, an offeror may enter “No Cost” in the unit price and extended amount columns to indicate that the item is being offered at “No Cost.”

4 Submission of Proposal (B-100.14B, FEB 05)

Offerors shall submit a proposal consisting of both technical and price proposal components in response to this solicitation.

(a) See the Solicitation, Offer and Award Form for the number of proposal copies to submit and for the date and time specified for receipt of offers.

(b) Technical proposals shall be submitted in sealed envelopes or cartons clearly marked “Technical Proposal” with the solicitation number.

(c) Price proposals shall be submitted in a separately sealed envelope clearly marked “Price Proposal” with the solicitation number.

5 Proposal Preparation and Format (B-100.14SA, JUN 06)

(a) Proposal documents shall be prepared in single-spaced type, on 8-1/2" x 11" pages, using one side of the paper only. Pages shall be numbered to show the page number and total number of pages in the proposal (e.g., Page 1 of 15, Page 2 of 15, etc.).

(b) All names and applicable titles shall be typed and printed where indicated on the various documents.

(c) Required entries on all proposal documents shall be typed using black ribbon, printed using dark printer ink, or legibly written in dark ink (no pencil).

(d) Unnecessarily elaborate proposals or lengthy presentations are not desired or required by the Authority.

(e) Proposal documents shall be set out in the Sections outlined below. A blank page should precede each Section with an index tab that identifies the appropriate Section.

Section 1 Introduction and Submittals Section 2 Qualifications of the Firm Section 3 Qualifications of the Staff Section 4 Work Plan Section 5 Exemptions/Deviations Section 6 Cost/Price Schedule

(f) Exceptions to, or variances from, any portion of the solicitation requirements contained herein, including the Statement of Work and/or Specifications, shall not be considered unless specifically identified in a separate document prepared solely for the purpose of comparing the requested exceptions or variances with the stated requirements. The document shall accompany the offeror’s proposal, so that the Authority may determine whether to accept or reject such exceptions or variances based on its content. Absent submittal of a separate document, no exceptions or variances shall be authorized.

(g) If a proposal is from:

an individual, sole proprietorship, or an offeror operating under a trade name, the proposal shall be signed by that individual.

a partnership, the proposal shall be executed in the partnership name and signed by all partners or by a managing partner accompanied by evidence of that partner’s ability to sign for the partnership. The official address of the partnership shall be shown below the signatures.

DART Form 33B (11/25) Page 3 of 8 Exhibit B a corporation, the proposal shall be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by the evidence of that officer’s authority to sign for the corporation), and the corporate seal shall be affixed and attested by the corporate secretary or assistant secretary.

a joint venture or other type of teaming arrangement, the proposal shall list the names of all of the joint venture or teaming arrangement members, and each member’s official mailing address. It shall be executed by all of the members in the same manner as if they were individually submitting a proposal(s).

The signature portion of the proposal form shall be altered as appropriate for execution by the joint venture or teaming arrangement.

(h) Please limit your submission to a maximum of one hundred and 50 (150) pages (not including Solicitations A to H, L to V). A maximum two (2) page introductory letter may be submitted. The remaining pages of supportive information may include graphs, charts, photos, references etc., and is totally at the offeror’s discretion, provided the total one hundred and fifty

(150) page limit is maintained. Proposals that exceed these limits may be excluded from consideration --- or --- Only the first one hundred fifty (150) pages will be evaluated.

Solicitation Document Paragraph/Page Requirement Rationale and suggested alternative

Impacts On

RFP, Applicable Identify the Proposers Schedule, Specifications, Document, Page, requirement or justification why Cost, Exhibits, Section, Paragraph, portion to which the the requirement Performance, Attachments, Amendment

Sentence exception is taken will not be met and its alternative

Other strategy or position

(6) Section 6 - Price/Cost Schedule (400 Maximum points)

The reasonableness of the total cost proposal and the competitiveness of the proposed price will be considered in comparison with other offers received; adequacy of market data that in support of proposed costs and prices; reasonableness of unit prices and labor rates; and a logical market basis approach of proposed prices. Scores shall be mathematically calculated per Paragraph 8.e. This must be submitted separately from technical proposal.

6 Proposal Content and Evaluation Factors for Award, (B-100.14SB, AUG 04)

a) Proposals should be clear, concise, and include sufficient detail for effective evaluation.

b) Proposals will be evaluated for award based on the following:

(1) Technical acceptability 600 Total Maximum Points) and

(2) Price 400 Total Maximum Points)

c) Technical proposals shall contain the sections described herein.

d) Price proposals shall contain the Schedule (DART Form 33.202A) provided by the Authority for the offeror to submit its price proposal, unless otherwise specified in the solicitation. If cost data is required, offerors must also submit cost data in the format described elsewhere herein.

e) Each price proposal shall be evaluated and scored on the basis of a 400-point maximum. Scoring shall be in accordance with the following formula:

DART Form 33B (11/25) Page 4 of 8 Exhibit B

Awarded Example:

Vendor Offered Price Points Awarded Company A $87,000 $87,000/$87,000 x 400 = 400 Points Awarded Company B $91,578 $87,000/$91,578 x 300 = 285 Points Awarded

f) Factors and any subfactors described with relative weights or points will be evaluated to determine whether the proposal submitted shall be characterized as “Acceptable”, “Potentially Acceptable” (that is, susceptible of being made “Acceptable”), or “Unacceptable”. Evaluation factors (with the exception of the price proposal) are specifically keyed to the information requested in this provision.

(1) Section 1 - Introduction and Submittals In this section include, at a minimum, the following:

(a) The Solicitation, Offer and Award Form (DART Form 33.201);

(b) Exhibit A, completed and signed.

(c) Attachment 1 to Exhibit B - Schedule of Subcontractor(s)/Subconsultant(s), in accordance with the provision titled, "Submission of Schedule of Subcontractor(s)/ Subconsultant(s)”;

(d) Exhibit G, Attachment 1, Intent to Perform as a Subcontractor.

(e) Exhibit L, Business Questionnaire.

(f) Exhibit V, Employee Information Form.

(g) An introductory letter that should be addressed to and include:

(i) Dallas Area Rapid Transit P.O. Box 660163 Dallas, TX 75266-7235 Attn: Ross Goff, Procurement Specialist.

(ii) an introduction of the prime contractor, members of a partnership, joint venture, or other teaming arrangement, whichever is applicable, and an introduction of all major subcontractors/subconsultants who may be involved in the performance of the work; and

(iii) a discussion of the primary business experience, length of time in business, ownership, office locations, specific location of the principal office from where the main work will be performed, contact information (i.e., contact names, telephone and facsimile numbers, and email addresses), and other information introductory in nature for each firm involved in making the proposal.

(h) A letter, as applicable, from the offeror's chief executive officer guaranteeing the key personnel named in the staffing plan will be assigned to the project, unless such employment is duly terminated. If substitutes or "backup" personnel are planned on a contingency basis, such personnel shall also be named with a similar guarantee of assignment.

(2) Section 2 - Qualifications of the Firm (200 Total maximum points)

Discuss offeror’s qualifications as a business entity, past performance, and experience with special emphasis on the following:

• Ability to modernize the existing equipment with an emphasis on safety and reliability when completed.

• At a minimum, and in detail: (i) describe offeror's direct experience on projects of similar size, scope and complexity, and (iii) provide dates, locations, costs of assignments, names of project managers, and names and current contact information for business references and clients. Also discuss the qualifications of all other firms proposed to be utilized in the performance of the work (including joint venture members or major subcontractors/subconsultants), and clearly differentiate which qualifications listed relate to which firm.

DART Form 33B (11/25) Page 5 of 8 Exhibit B

• List three (3) projects of work performed and dates completed similar to this solicitation (i.e. Mass Transit, Airports, etc.)

(3) Section 3 - Qualifications of Staff (100 Total maximum points)

Provide a staffing plan that identifies the project manager(s) and any other key personnel who will be assigned to the project. Also discuss the qualifications and experience of each key individual.

At a minimum, include the following:

• Qualifications of project manager(s) and key personnel who will be assigned to the project.

• Submit, at a minimum, resumes of the project manager(s) and key personnel (inclusive of all relevant joint venture and subcontractor personnel) who will be assigned to the project. Resumes must be complete and concise, featuring experience that is most directly relevant to the task responsibility to which the individual will be assigned. Resumes must be dated (e.g., dates of education, experience, employment, etc.) and must state the function(s) to be performed on the project by each of the key personnel.

• Allocation of time to the performance of work under this solicitation and resulting contract by project manager(s) and key personnel.

• Discuss the percentage (%) of time to be committed to the project by each of the project manager(s) and designated key personnel.

• Submit, at a minimum, any certifications and years of experience working on Artwork (panels) for each person assigned to work under the resulting contract.

(4) Section 4 - Work Plan (300 Maximum points)

Provide a description of how the offeror proposes to organize and perform the work. At a minimum, include the following:

• Proposed plan for modernizing the lift equipment, and how it can increase speed and reliability, and meeting the goals established by DART.

• Proposed approach to managing the work, and ensuring reliability and cost control.

• Potential impediments, obstacles, or problems that could have a negative impact upon work performance and proposed solutions.

• Specific tasks that the offeror requires the Authority to accomplish during contract performance or prior to contract award. Explain the consequences and/or how the offeror can still successfully accomplish the work, if such tasks are not performed by the Authority.

• Quality Control Plan

• Explain the quality control plan for the performance of work and addressing all State Inspections.

(5) Section 5 - Exemptions / Deviations

Proposer shall state any exceptions to or recommended deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Proposer wishes to submit alternative approaches to meeting DART’s technical or contractual requirements, these should be thoroughly explained.

DART Form 33B (11/25) Page 6 of 8 Exhibit B

Proposer may also propose procedural or technical enhancements/innovations to the Scope of Work which do not materially deviate from the objectives of the project.

Solicitation Document Paragraph/Page Requirement Rationale and suggested alternative

Impacts On

RFP, Applicable Identify the Proposers Schedule, Specifications, Document, Page, requirement or justification why Cost, Exhibits, Section, Paragraph, portion to which the the requirement Performance, Attachments, Amendment

Sentence exception is taken will not be met and its alternative

Other strategy or position

(6) Section 6 - Price/Cost Schedule (400 Maximum points)

The reasonableness of the total cost proposal and the competitiveness of the proposed price will be considered in comparison with other offers received; adequacy of market data that in support of proposed costs and prices; reasonableness of unit prices and labor rates; and a logical market basis approach of proposed prices. Scores shall be mathematically calculated per Paragraph 8.e. This must be submitted separately from technical proposal.

7 Evaluation of Proposals and Selection Procedure (B-100.15D, JUN 05)

(a) Upon receipt of proposals, which shall consist of both technical and price proposals, the Contracting Officer will initiate the evaluation and selection procedure described herein.

(b) Proposals shall not be publicly opened.

(c) The Contracting Officer will review the proposals to determine if they comply with the solicitation provisions and contain all required submittals.

(d) The Contracting Officer will conduct an evaluation of the technical proposals or may appoint a Selection Committee that will evaluate the technical proposals and provide the scores to the Contracting Officer for consideration. In either case, the technical proposals will be evaluated applying the evaluation factor(s) set forth in the Proposal Content and Evaluation Factors for Award provision.

(e) The Contracting Officer will consider the evaluated technical score for each offeror’s proposal to determine whether that offeror’s proposal shall be characterized as technically “Acceptable”, “Potentially Acceptable” (that is, susceptible of being made “Acceptable”), or “Unacceptable”. Proposals evaluated as technically “Unacceptable” shall be rejected and will receive no further consideration for award.

(f) After a complete evaluation of the initial technical and price proposals, for those found to be technically “Acceptable” or “Potentially Acceptable” by the Contracting Officer, the Contracting Officer may:

(1) Proceed directly to award of the contract based on the total scores received; or

(2) Request clarifications from offerors; and/or

(3) Request that offerors make oral presentations concerning their technical proposals.

The Contracting Officer will establish the specific criteria and parameters for oral presentations. Oral presentations shall not be considered discussions. They shall be used solely to facilitate evaluation of the submitted proposals to further determine their appropriate characterization. The Contracting Officer may then proceed directly to award of the contract; or

DART Form 33B (11/25) Page 7 of 8 Exhibit B

(4) Reject any proposals then determined to be “Unacceptable”; and

(5) Invite those offerors whose proposals were determined to be “Acceptable” or “Potentially

Acceptable,” and in the competitive range considering their overall technical and price scores, to participate in discussions. The competitive range will consist of all proposals that have a reasonable chance of being selected for award.

Discussions may address either the technical or price proposal, or both. At the conclusion of discussions, the Contracting Officer will set a time and date for the submission of best and final offers.

If an offeror chooses not to submit a best and final offer, its initial proposal, to include price, will be evaluated for award. After the date and time set for receipt of best and final offers:

(a) The Contracting Officer will evaluate the best and final offers (or the initial proposal if no best and final offer is submitted) with or without referring the technical proposal of the best and final offer to the Selection Committee for evaluation.

(b) The Contracting Officer will make a determination for award based upon the total points for both the technical and price components of each offeror’s best and final offer (or initial proposal if no best and final offer was submitted).

(c) The Authority reserves the right, during the selection procedure, to investigate the qualifications of all offerors under consideration; to confirm any part of the information furnished by an offeror; and/or to require other evidence of managerial, financial, or technical capabilities that are considered necessary for the successful performance of work under a resulting contract.

(d) Offerors are hereby reminded that the Authority reserves the right to award a contract following evaluation of initial proposals submitted. Offerors should therefore ensure that they submit their best technical and price proposals in their initial proposal submissions.

8 Incorporation of Offeror’s Proposal (B-100.16A, AUG 04)

(a) The Authority reserves the right to incorporate the successful offeror’s proposal into any resulting contract, by reference or full text. This includes any revisions and supplements through the date set for submission of best and final offers, if applicable. Additionally, any modification of the otherwise successful offer prior to award of the contract, which makes its terms more favorable to the Authority, will be considered and may be accepted.

(b) If, after contract award, it is discovered that changes were agreed to in writing during negotiations, but were not incorporated into the resulting contract, such changes shall be considered administrative in nature and incorporated by unilateral modification at no change in the contract cost or price, or other terms and conditions.

(c) To satisfy the contract requirements, the offeror shall adhere to the proposal approach accepted by the Authority.

9 Questions Concerning the Solicitation Questions or requests for clarification may be submitted on the DART supplier portal in the Questions and

Answer section of the solicitation event.

10 Submission of Proposals

Proposals will only be accepted electronically on the DART Supplier portal, https://dart.bonfirehub.com https://dart.bonfirehub.com/

DART Form 33B (11/25) Page 8 of 8 Exhibit B

DALLAS AREA RAPID TRANSIT

Attachment 1 to Exhibit B - Schedule of Subcontractor(s)/Sub-consultant(s)

Offerors shall provide information on all their prospective subcontractor(s)/sub-consultant(s) who submit bids/quotations in support of this solicitation. The contents of the form may be a factor used in determining an offeror's responsiveness.

Project Name: Deep Ellum Artwork Panels

Solicitation Number: 2 0 9 5 7 9 3

Name of Prime Contractor:

NAMES AND ADDRESSES OF

SUBCONTRACTOR(S)/SUBCONSULTANT(S)

TYPE OF WORK TO

BE PERFORMED

SMALL

BUSINESS FIRM

(Check all that apply) **For

Informational Purposes Only**

NAME: TYPE OF WORK:

ADDRESS: YES □

NO □

PHONE:

FAX: E-MAIL:

TAX ID #: AGE OF FIRM:

CONTACT PERSON:

NAME: TYPE OF WORK:

ADDRESS: YES □

NO □

PHONE:

FAX: E-MAIL:

TAX ID #: AGE OF FIRM:

CONTACT PERSON:

NAME:

ADDRESS:

PHONE:

FAX: E-MAIL:

TAX ID #:

CONTACT PERSON:

TYPE OF WORK:

AGE OF FIRM:

YES □

NO □

Name/Title of Person completing this form:

Signature -________________________________________ Date_______________