4-04 Exhibit B 33B.pdf

Solicitation No. B-2095023

DART Form 33D Page 1 of 4 Exhibit B

DALLAS AREA RAPID TRANSIT

EXHIBIT B

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 DESCRIPTIVE LITERATURE (B-100.13A, FEB 05)

5 REQUIREMENT FOR COST OR PRICING DATA (DPR 3-502)

ATTACHMENT 1 TO EXHIBIT B - SCHEDULE OF SUBCONTRACTOR(S)/SUBCONSULTANT(S)

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 Genetec Brand TVM Licenses, 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) Brand Name Specifications, Equals Not Allowed (B-100.04A, OCT 04)

Offers for brand name items other than those specified in this solicitation shall not be considered.

(b) Estimated Quantities (B-100.05B, AUG 04)

The quantities specified in the Schedule are estimates only, are used as a basis for determining award of the contract(s), and are not hereby purchased.

(c) 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.

(d) 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.

DART Form 33D Page 2 of 4 Exhibit B

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

Failure of an offeror to provide prices for all line items listed on the Schedule shall 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 Descriptive Literature (B-100.13A, FEB 05)

(a) Bidders shall submit, along with the Schedule, descriptive literature for all items that are not described by specific manufacturer, and/or for items that the bidder is offering as an "Equal Brand Name." Descriptive literature must be (1) received by the time specified in this solicitation for receipt of bids, and (2) clearly marked to identify the specific item(s) of the bid to which it applies.

(b) "Descriptive literature" means information furnished, such as cuts, illustrations, drawings, and brochures that clearly show an item’s characteristics, construction, or explains its operation.

(c) Descriptive literature is used to determine whether the item(s) offered comply with the solicitation requirements. It is used to identify details of the item(s) pertaining to such significant elements as: (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, and/or operation. Descriptive literature includes only that information required to determine the technical acceptability of the offered product. It does not include other information such as that used to determine a prospective contractor’s responsibility, or for maintaining the item(s).

(d) Failure of a bidder to submit descriptive literature on time, or failure of the descriptive literature to clearly show that the item(s) offered conform to the requirements of this solicitation, shall result in rejection of the bid as nonresponsive.

5 Requirement for Cost or Pricing Data (DPR 3-502)

(1) Except as provided in 3-502(2), cost or pricing data may be required to be submitted in support of a proposal when:

(a) any contract for property, services (except professional services), or construction expected to exceed $500,000 is to be awarded by competitive sealed proposals or by sole source procurement; or

(b) adjusting the price of any contract for property, services (except professional services), or construction (including a contract awarded by competitive sealed bidding containing a Cost or Pricing Data Clause, whether or not cost or pricing data were required in connection with the initial pricing of the contract) if the adjustment involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000. For example, the requirement applies to a $30,000 net modification resulting from a reduction of $70,000 and an increase of $40,000 when the reduction and increase are related. However, this requirement shall not apply when unrelated and separately priced adjustments for which cost or pricing data would not be required if considered separately are consolidated for administrative convenience.

(2) Cost and pricing data shall not be required:

(a) when the contract or adjusted price is based on:

(i) adequate price competition;

(ii) established catalogue prices or market prices; or

(iii) prices set by law or regulation; or

(b) when the Vice President of Contracts determines in writing to waive the applicable requirement for submission of cost or pricing data in a particular pricing action and the reasons for such waiver are stated in the determination. A copy of such determination shall be kept in the contract file and made

DART Form 33D Page 3 of 4 Exhibit B available to the public upon request.

(3) If, after cost or pricing data were initially requested and received, it is determined that adequate price competition does exist, the data need not be certified.

(4) Any contractor required to submit and certify cost or pricing data shall be required to submit accurate, current, and complete cost or pricing data from prospective or actual subcontractors in support of each subcontract cost estimate included in the contractor's submission whenever the subcontract cost estimate is either (i) more than $100,000 or (ii) more than 10% of the contractor's price for the contract or contract modification, as the case may be. The exceptions stated in subsection (2), above, also shall be applicable to this requirement for subcontractor cost or pricing data. Contractors agree to include provisions in all subcontracts by which the contractor can require subcontractors to submit cost or pricing data in accordance with this subsection in support of subcontract modifications. While contractors shall be required to submit a subcontractor's certified cost or pricing data only from the prospective subcontractor most likely to be awarded the subcontract, other subcontractor quotations and information may be cost or pricing data of the contractor required to be submitted. Prospective subcontractor cost or pricing data shall be certified to be current, accurate, and complete as of the same date specified in contractors' certificates.

DART Form 33B (11/25) Page 4 of 5 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: SumTotal LMS Renewal_

Solicitation Number: 2 0 9 5 0 2 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: 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