3-05 Exhibit C.pdf

Solicitation No.: 2093213

Form 33.205L (11/25) Page 1 of 5 Exhibit C

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT C

SOLICITATION INSTRUCTION AND CONDITIONS

(INVITATION FOR BIDS – LOCALLY FUNDED SUPPLIES/SERVICES)

Table of Contents

1. Acknowledgment of Amendments to Invitation for Bids (3-802.03, NOV 25)

2. Administrative Remedies (10-102, NOV 25)

3. Authority-Furnished Property (3-802.08, JUN 86)

4. Award of Contract (3-802.07, NOV 25)

5. Cancellation of Solicitation (3-802.13, JUN 91)

6. Confidential Data (3-802.11, FEB 96)

7. Discounts (3-802.06, NOV 25)

8. Explanation to Bidders (3-802.02, NOV 25)

9. Late Submissions, Modifications, and Withdrawals of Bids (3-802.05, NOV 25)

10. Multiple or Alternate Offers Not Accepted (B-100.20A, NOV 25)

11. Order of Precedence (3-802.10, NOV 25)

12. Pre-Bid Conference and Questions Concerning the Solicitation (B-100.02A, NOV 25)

13. Preparation of Bids (3-802.01, NOV 25)

14. Procurement Confidentiality (B-100.22A, AUG 04)

15. Small Business Enterprise/Small Business Concern (SBC) Participation (B-100.17C, NOV 25)

16. Submission of Bids (Except Quotes) (3-802.04, NOV 25)

1. Acknowledgment of Amendments to Invitation for Bids (3-802.03, NOV 25)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation: (1) by signing and returning the amendment; or (2) by identifying the amendment number and date in the space provided for this purpose on the bid form; (3) by letter; (4) by facsimile, if facsimile bids are authorized in the solicitation; or (5) by email, if email bids are authorized in the solicitation. The Authority must receive the acknowledgment by the time and at the place specified for receipt of bids.

2. Administrative Remedies (10-102, NOV 25)

By submission of a bid, proposal, offer, or quotation in response to this solicitation, the bidder or offeror agrees to exhaust its administrative remedies under Chapter 10 of the Authority's Procurement Regulations and the Disputes Clause of any resulting contract prior to seeking judicial relief of any type in connection with any matter related to this solicitation, the award of any contract, and any dispute under any resulting contract.

3. Authority-Furnished Property (3-802.08, JUN 86)

No material, labor, or facilities will be furnished by the Authority unless otherwise provided for in the solicitation.

4. Award of Contract (3-802.07, NOV 25)

(a) The contract will be awarded to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Authority, considering only price and other price-related factors specified elsewhere in the solicitation. A responsible bidder is one who affirmatively demonstrates to the Authority that the bidder has adequate financial resources and the requisite capacity, capability, and facilities to perform the contract within the delivery period or period of performance, has a satisfactory record of performance on other comparable projects, has a satisfactory record of integrity and business ethics, and is otherwise qualified and eligible to receive award under the solicitation and laws or regulations applicable to the procurement.

(b) The Authority reserves the right to reject any or all bids in part or in total for any reason, to accept any bid even if not the lowest bid if considered best for its interest, and to waive any informalities and minor irregularity in bids received.

Form 33.205L (11/25) Page 2 of 5 Exhibit C

(c) The Authority may accept any item or group of items of any bid, unless the bidder qualifies the bid by specific limitations. Unless otherwise provided in the solicitation, bids may be submitted for any quantities less than those specified, and the Authority reserves the right to make an award on any item for a unit quantity less than the quantity offered at the unit prices bid unless the bidder specified otherwise in the bid.

(d) A written award (or acceptance of bid) which is mailed, electronically submitted or otherwise furnished to be the successful bidder within the time for acceptance specified in the solicitation shall be deemed to result in a binding contract without further action by either party.

5. Cancellation of Solicitation (3-802.13, JUN 91)

This solicitation may be cancelled by the Authority before or after receipt of bids or proposals (as applicable) in accordance with the provisions of Section 3-300 of DART's Procurement Regulations.

6. Confidential Data (3-802.11, FEB 96)

Each bidder may clearly mark each page of the bid that contains trade secrets or other confidential commercial or financial information which the bidder believes should not be disclosed outside the Authority. Disclosure of requested information will be determined in accordance with the Texas Open Records Act.

7. Discounts (3-802.06, NOV 25)

(a) Prompt payment discounts will not be considered in evaluating bids for award. However, offered discounts will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror, even though not considered in the evaluation of bids. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice.

If the contractor has not placed a date on the invoice, the due date shall be calculated from the date the correct invoice or voucher is received in the office specified by the Authority, provided the Authority annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date of the Authority's check, or, for an electronic funds transfer, the specified payment date.

8. Explanation to Bidders (3-802.02, NOV 25)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing via electronic submission from the Authority's Contracting soon enough to allow for a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of any contract, at any pre-bid conferences or otherwise, will not be binding on the Authority. Any information given to a prospective bidder concerning an interpretation of the solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if such information is necessary to prospective bidders in submitting bids on the solicitation or if the lack of such information would be prejudicial to uninformed prospective bidders.

9. Late Submissions, Modifications, and Withdrawals of Bids (3-802.05, NOV 25)

(a) Any bid received at the office designated in the solicitation after the exact time specified for receipt is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and:

(1) if it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Authority infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids;

(2) there is acceptable evidence to establish that it was received at the Authority installation designated for receipt of bids and was under the Authority’s control prior to the time set for receipt of bids.

(b) Any modification or withdrawal of a bid is subject to the same conditions as in (a) of this provision.

Form 33.205L (11/25) Page 3 of 5 Exhibit C

(c) Acceptable evidence to establish the time of receipt at the Authority is the time-date stamp of the Authority on the bid wrapper or other documentary evidence of receipt maintained by the Authority, or oral testimony or statements of Authority personnel.

(1) the date of mailing of a late bid, modification, or withdrawal sent by U. S. Postal Service Express Mail Next Day Service - Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service - Post Office to Addressee" label, and the postmark on the envelopes or wrapper and on the original receipt from the U. S. Postal Service. "Postmark" has the same meaning as defined in paragraph (c)(1) of this provision. Therefore, bidders should request the postal clerk to place a legible hand cancellation bull's-eye "postmark" on both the receipt and the envelope or wrapper.

(d) Notwithstanding (a) of this provision, a late modification of an otherwise successful bid which makes its terms more favorable to the Authority will be considered at any time it is received and may be accepted.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. A bid may be withdrawn in person by a bidder or the bidder's authorized representative before the exact time set for receipt of bids, provided the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

10. Multiple or Alternate Offers Not Accepted (B-100.20A, NOV 25)

Unless multiple or alternate bids or proposals are specifically provided for, the solicitation shall state that such bids or proposals shall not be accepted. When prohibited, multiple or alternate bids or proposals shall be rejected; provided, however, that if a bidder clearly indicates a responsive base bid, it shall be considered for award as though it were the only bid or proposal submitted by the bidder or offeror. The provisions of this section shall be set forth in the solicitation, and if multiple or alternate bids or proposals are allowed, it shall specify their treatment.

11. Order of Precedence (3-802.10, NOV 25)

In the event of any inconsistency between the provisions of the solicitation (including any resulting contract), the inconsistency shall be resolved by giving precedence in the following order: (a) the Schedule; (b) Special Solicitation Instructions and Conditions; (c) Solicitation Instructions and Conditions; (d) Special Provisions; (e) General Provisions; (f) other provisions of the contract whether incorporated by reference or otherwise; and (g) the specifications or statement of work.

12. Pre-Bid Conference and Questions Concerning the Solicitation (B-100.02A, NOV 25)

(a) A pre-bid conference is scheduled for all interested parties to discuss the solicitation requirements, if so, indicated on the Solicitation, Offer and Award Form and/or posted under the Solicitation Portal. Details concerning the conference date, time and location are also provided.

(b) Questions and requests for clarification relating to this solicitation, shall be submitted in writing, to the contact person identified in the Solicitation, Offer and Award Form through the specified electronic submission, at least three (3) working days in advance of the scheduled conference to allow sufficient time for responses to be considered and prepared by the Authority. Questions concerning the solicitation that are not addressed at the conference, if one is held, shall be submitted in writing no later than five (5) working days in advance of the offer submission due date and time, which is the minimum time required for the Authority’s reply to reach offerors before the offer submission due date and time, as required by the "Acknowledgement of Amendments to the Invitations for Bids" clause. Questions received less than five (5) working days in advance of the offer submission due date and time will be responded to only if the Authority determines that the question and its response would have a material and substantive impact on the solicitation.

13. Preparation of Bids (3-802.01, NOV 25)

(a) Bidders are expected to examine the Schedule, solicitation instructions, Special Provisions, General Provisions, all drawings, specifications, the statement of work, and all other provisions of, and exhibits to, the solicitation, whether incorporated by reference or otherwise, prior to the submission of bids. Failure to do so will be at the bidder's risk.

Form 33.205L (11/25) Page 4 of 5 Exhibit C

(b) Each bidder shall furnish the information required by the solicitation. Bids shall be submitted on the bid form contained in the solicitation. Bidders shall sign and print or type their name on the bid form and each continuation sheet on which they make an entry. Erasures or other changes must be initialed by the person signing the bid.

Bids signed by an agent of the bidder are to be accompanied by evidence of the agent's authority (unless such evidence has been previously furnished to the Authority).

(c) For each item offered, bidders shall (1) show the unit price, which includes all costs to be recovered and (2) enter the extended price for the quantity of each item offered in the “Amount” column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Bids for supplies or services other than those specified in the Schedule will not be considered unless specifically authorized in the solicitation. Any condition, qualification, or limitation of the bid will be a basis for rejection of the bid as nonresponsive.

(e) The bidder must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the solicitation. All measurements shall be in the system of weights and measures in common usage in the United States, and pricing shall be in U.S. dollars.

(f) In computing any period of time for the solicitation or any resulting contract, "days" means calendar days, and the day of the event from which the designated period of time begins to run shall not be included, but the last day shall be included unless it is a Saturday, Sunday, or Federal or State of Texas holiday, in which event the period shall run to the end of the next business day.

14. Procurement Confidentiality (B-100.22A, AUG 04)

(a) Offerors are cautioned that until this solicitation is either awarded or cancelled, they may have contact only with the contact person identified in the Solicitation, Offer and Award Form. Discussions or communications regarding this solicitation with any other personnel associated in any capacity with the Authority, its consultants, contractors or members of its Board of Directors, are strictly prohibited, unless otherwise approved in writing by the Contracting Officer.

(b) Any violation of this restriction may result in the disqualification of the offeror from further participation in this procurement, and from award of any contract or subcontract under this solicitation.

15. Small Business Enterprise/Small Business Concern (SBC) Participation (B-100.17C, NOV 25)

(a) It is the policy of the Authority and the U.S. Department of Transportation (DOT) to ensure that Small Business Enterprises/Concerns (SBCs), as defined in Exhibit G of this solicitation are provided a level playing field, thus fostering an equal opportunity for them to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the SBC requirements of 49 CFR Part 26.39 apply to this solicitation. In this regard, all offerors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26.39 to ensure that SBCs have a level playing field and an opportunity to compete for and perform contracts. The Authority and all offerors shall not discriminate on the basis of race, color, religion, sex, disability, or national origin or sex in the award and performance of contracts or subcontracts.

(b) In accordance with its SBC Policy, the Authority has established a goal for SBC participation in this solicitation. The offeror will be expected to meet or exceed, and/or demonstrate its good faith efforts to meet the goal. This goal, expressed as a percentage of the total contract price, including any increases that may occur, is:

N/A % SBC Participation

Note: N/A denotes not applicable to this procurement.

(c) The Authority's SBC requirements are set forth in Exhibit G of this solicitation. Offerors are advised to carefully review Exhibit G including the requisite forms attached thereto. Offerors should undertake necessary steps to plan to meet or exceed the stated SBC utilization goals well in advance of the date specified for the bid opening or receipt of proposals.

Form 33.205L (11/25) Page 5 of 5 Exhibit C

(d) Offerors are advised that the issue of whether or not the offeror has met or exceeded the established goals, or demonstrated sufficient good faith efforts, is considered by the Authority a matter of the offeror's responsibility.

DART will only award contracts to offerors determined to be responsible.

(e) The percentage(s) agreed to between DART and the successful offeror shall be incorporated into the contract resulting from this solicitation.

16. Submission of Bids (Except Quotes) (3-802.04, NOV 25)

(a) Bids and modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means)

(1) addressed to the Contracting Officer of the Dallas Area Rapid Transit Authority at the address specified in the solicitation and (2) showing the hour and date specified in the solicitation for receipt of bids, the solicitation number, and the bidder's name, address, and telephone number on the face of the envelope or package.

(b) Facsimile bids will not be considered unless authorized by the solicitation.

(c) Samples of items, when required, must be submitted within the time specified and, unless otherwise specified in the solicitation, at no expense to the Authority. If not destroyed by testing, samples will be returned at the bidder's request and expense, unless otherwise specified in the solicitation.

(d) Each copy of the bid shall include the legal name of the bidder and a statement whether the bidder is a sole proprietorship, a corporation, or any other legal entity. A bid for a corporation shall further give the state of incorporation and have the corporate seal affixed to it.

(e) Bids that reject any of the representations, certifications, terms, conditions or provisions of the solicitation may be excluded from consideration.