4-B-2092682.pdf

Form 33.201 (01/18) Page 1 of 2

DALLAS AREA RAPID TRANSIT

SOLICITATION, OFFER AND AWARD FORM

SOLICITATION INFORMATION

Invitation for Bid (IFB)

1. SOLICITATION NO.: B-2092682 4. BRIEF DESCRIPTION:

2. ISSUE DATE: 06/16/2025 Purchase of Bus Depot Intercom Equipment

3. FOR INFORMATION CONTACT: (No collect calls)

NAME: Kimberly Spinks

TELEPHONE: 214-749-2906 FAX:

E-MAIL: kspinks@dart.org

5. PRE-BID/PROPOSAL CONFERENCE: **** There WILL NOT be a conference. **** (If a conference is scheduled, see the applicable clause in Exhibit C for more information.)

LOCATION: N/A

DATE: N/A TIME: N/A

6. SUBMIT OFFER TO: 7. OFFER SUBMISSION DUE DATE AND TIME:

https://dart.bonfirehub.com Solicitation No. 2092682

DATE: August 6, 2025

TIME: 5:00 PM Local Dallas

8. SUBMIT WITH OFFER: SEE BLOCK 22

9. Offers submitted in response to an IFB will be opened publicly in room HQ 4A immediately after the submission due date and time.

Offers submitted in response to an RFP will NOT be publicly opened.

10. FIRM OFFER PERIOD: Offers submitted shall remain firm for a period of 90 calendar days from the date specified in Block 7.

11. This solicitation and any resulting contract, respectively, consist of this DART Form 33.201 and the exhibits and documents designated with a symbol on Page 2 of this form. NOTE: For Invitation for Bids, “offer” and “offeror” mean “bid” and “bidder”.

OFFER

(To be completed by Offeror)

CAUTION: A false statement in any offer (bid or proposal) submitted to DART may be a criminal offense in violation of Section 37.10 of the Texas Penal Code.

12. DISCOUNT FOR PROMPT PAYMENT: _____%, _____ Calendar Days (Invoice/Payment terms are set forth in Exhibit D)

13. In compliance with the above, the undersigned agrees, if this offer is accepted within the period specified in Block 10, above, to furnish any or all items, or provide the service(s), upon which prices are offered in the Schedule at the price set opposite each item or service, and to deliver the item(s) and or perform the service(s) at the designated location(s) within the time specified.

14. OFFEROR'S NAME, ADDRESS, and DART VENDOR NO.:

(Type or Print)

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

THE OFFER: (Type or Print)

TELEPHONE:

CELL PHONE:

E-MAIL:

FAX:

16. OFFEROR'S SIGNATURE & DATE:

AWARD

(To be completed by DART)

17. D/M/WBE: The D/M/WBE participation for this contract is as follows based on: Percentage of the total contract amount, or

Other ______________________________

% DBE % MBE % WBE % MBE/WBE

18. ACCEPTED AS TO: 19. TOTAL AMOUNT OF AWARD: 20. CONTRACT NUMBER:

21. CONTRACTING OFFICER’S SIGNATURE & DATE OF AWARD:

Name:

Signature: ____________________________________

Date: ____/____/____

Form 33.201 (01/18) Page 2 of 2

SOLICITATION, OFFER AND AWARD FORM

See Exhibits B & C for offer preparation and submission instructions.

22. CONTENTS:

NAME FORM DESCRIPTION FORM NO. SUBMIT WITH

OFFER?

Cover Sheet Solicitation, Offer and Award Form 33.201 YES

Bid Table Bid Table BT-29EV (available electronically via Bonfire) N/A YES Exhibit A Representations and Certifications 33.203 YES

Exhibit B Special Solicitation Instructions and Conditions 33.B

Attachment 1 Schedule of Subcontractor(s)/Subconsultant(s) N/A YES

Exhibit C Solicitation Instructions and Conditions 33.205F

Exhibit D Special Provisions 33.D

Exhibit F General Provisions 33.301

Exhibit G DBE, SBC or MBE and WBE Program 33.212

Attachment 1 Intent to Perform as a Subcontractor N/A YES

Attachment 2 Sample Vendor Payment Report N/A

Exhibit I Specifications 33.I

Exhibit L Business Questionnaire 33.253-PF YES

Exhibit V Employee Information Report 33.254 YES

23. SUBMIT THE BELOW ITEM(S) WITH OFFER, IN ADDITION TO THE ABOVE IDENTIFIED SUBMITTALS:

DESCRIPTION

W9 Form YES

24. ACKNOWLEDGMENT OF AMENDMENTS: AMENDMENT # DATE AMENDMENT # DATE

Offeror acknowledges receipt of the following amendment(s) to the solicitation:

(Identify amendment number and date of each.)

Solicitation No. 2092682

Form 33.204 (5/22) Page 1 of 10 Exhibit A

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT A

REPRESENTATIONS AND CERTIFICATIONS

(LOCALLY FUNDED SUPPLY/SERVICE/CONSTRUCTION CONTRACTS)

** NOTE: THIS FORM MUST BE COMPLETED AND RETURNED WITH THE OFFER **

TABLE OF CONTENTS

REPRESENTATIONS

1. Contingent Fee (A-103, AUG 02)

2. Covenant Against Gratuities (A-105, JAN 94)

3. Interest of Public Officials

4. Minority and Woman-Owned Business Enterprises (M/WBE) (A-121, JUL 01)

5. Parent Company and Identifying Data (A-108, JAN 05)

6. Type of Business (A-101, DEC 04)

CERTIFICATIONS

7. Certificate Concerning Board Members and Employees of the Authority (A-116, MAY 22)

8. Certification of Independent Price Determination (A-109, JAN 94)

9. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (A-126, NOV 12)

10. Communication Policy and Certification (A-129, FEB 19)

11. Conflict of Interest Certification

12. Drug-Free Workplace Program Certification (A-125, JAN 05)

13. Minority and Woman-Owned Business Enterprise Goals (A-123, APR 04)

14. Non-Discrimination Assurance (A-130, JAN 05)

15. Contractor Certification Regarding Discrimination Against Firearm Entity or Firearm Trade Association

16. Contractor Certification Regarding Boycotting Certain Energy Companies

REPRESENTATIONS

1. Contingent Fee (A-103, AUG 02)

Except for full-time bona fide employees working solely for the offeror, the offeror represents as part of its offer that it (Mark one with an "X"):

has has not employed or retained any company or persons to solicit or obtain this contract, and (Mark one with an "X"):

has has not paid or agreed to pay any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

2. Covenant Against Gratuities (A-105, JAN 94)

The offeror represents as part of its offer that neither it nor any of its employees, representatives or agents have offered or given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer or employee of the Authority with the view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract. See the General Provisions Clause entitled "Interest of Public Officials."

3. Interest of Public Officials

The Contractor represents and warrants that no employee, official, or member of the Board (Executive Committee) of the Authority is or will be pecuniarily interested or benefited directly or indirectly in this contract. The Contractor further represents and warrants that it has not offered or given gratuities (in the form of entertainment, gifts, or otherwise) to any employee, official, or member of the Board (Executive Committee) of the Authority with a view toward securing favorable treatment in the awarding, amending, or evaluating the performance of this contract. For breach of any representation or warranty in this clause, the Authority shall have the right to annul this contract without liability and/or have recourse to any other remedy it may have at law.

Form 33.204 (5/22) Page 2 of 10 Exhibit A

4. Minority and Woman-Owned Business Enterprises (M/WBE) (A-121, JUL 01)

(a) The offeror represents as part of its offer that it (Mark one with an "X"):

is is not a minority-owned business enterprise (MBE). An "MBE" is defined as "a small business concern which is at least 51 percent owned by one or more minority individuals, or in case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority individuals and whose management and daily business operations are controlled by one or more of the minority individuals who own it." For purposes of this definition, minority individuals include Black Americans, Hispanic Americans, Asian-Pacific Americans, Asian-Indian Americans, and Native Americans.

(b) The offeror represents as part of its offer that it (Mark one with an "X"):

is is not a woman-owned business enterprise (WBE). A "WBE" is defined as "a small business concern which is at least 51 percent owned by women, or in case of any publicly owned business, at least 51 percent of the stock of which is owned by women and whose management and daily business operations are controlled by one or more of the women who own it."

5. Parent Company and Identifying Data (A-108, JAN 05)

(a) The offeror represents as part of its offer that it (Mark one with an "X"):

is is not owned or controlled by a parent company. A parent company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the offeror. To own the offering company means that the parent company must own more than 50 percent of the voting rights in that company. A company may control an offeror as a parent even though not meeting the requirements for such ownership if the company is able to formulate, determine, or veto basic policy decisions of the offeror through the use of dominant minority voting rights, use of proxy voting, or otherwise.

(b) If the offeror is not owned or controlled by a parent company, it shall insert its own Employer's Identification Number below:

(c) f the offeror is owned or controlled by a parent company, it shall enter in the blocks below the name and main office address of the parent company, and the parent company's Employer's Identification Number.

NAME OF PARENT COMPANY AND MAIN OFFICE ADDRESS

(include ZIP and phone): PARENT COMPANY'S EMPLOYER'S IDENTIFICATION #:

Form 33.204 (5/22) Page 3 of 10 Exhibit A

6. Type of Business (A-101, DEC 04)

(a) The offeror represents as part of its offer that it operates as (Mark one with an "X"):

an individual a sole proprietorship a partnership a corporation another entity ________________________.

(b) If incorporated, under the laws of the State of:

(c) Age of the firm: ____ years, ____ months

(d) Previous year’s annual gross receipts:

less than $500K $500K - $2 mil. $2 mil. - $5 mil. more than $5 mil.

CERTIFICATIONS

7. Certificate Concerning Board Members and Employees of the Authority (A-116, MAY 22)

The Dallas Area Rapid Transit Authority (DART) has adopted Rules of Procedure for DART Board members and DART personnel policies for employees that prohibit their participation in contractual or employment relationships for certain periods after their relationship with DART ends. These prohibitions may be found in Board Resolution No. 190033, approved March 12, 2019, and the relevant DART personnel policy, respectively. These restrictions also apply to the spouses of former Board members and former employees.

For former Board members, the prohibition is for a period of two years following the end of the member's term or the date of his/her resignation and applies to participation as a principal in a DART contract or first-tier subcontract, or as an employee of a DART contractor or first-tier subcontractor. For former DART employees, the prohibition is for one year after leaving DART, and relates to participation in any contract or employment relationship that results in an assignment to work on any DART project for which the employee had significant responsibilities. (A copy of Board Resolution No.

190033 and the relevant DART personnel policy may be obtained from the DART Contracting Officer.)

The Board of Directors may waive the above prohibitions, by a two-thirds vote, for a particular person and/or relationship if it determines that it is in the best interest of DART to do so.

(a) By submission of this offer the offeror hereby certifies that, to the best of his/her knowledge and belief, with the exception of any information described in this certification or attached hereto, the offeror has no information concerning a violation or possible violation of the DART Board Rules of Procedures as established in Resolution No. 190033, approved March 12, 2019, or the above DART personnel policy for former employees, which would result if the Authority awards a contract based upon this offer.

(b) Violations or possible violations. (Continue on plain bond paper and label Certificate Concerning Former Board Member and Employees of the Dallas Area Rapid Transit Authority, Continuation Sheet.) CHECK "NONE" IF NONE

EXISTS.

NONE

(Please make entry in this space if applicable)

VIOLATIONS OR POSSIBLE VIOLATIONS:

Form 33.204 (5/22) Page 4 of 10 Exhibit A

(c) This certification concerns a material representation of fact upon which reliance will be placed in awarding a contract.

If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to any other remedies the Authority may have, the Contracting Officer may terminate the contract resulting from this solicitation for default and/or recommend that the offeror be debarred or suspended from doing business with the Authority in the future in accordance with the procedures set forth in the DART Procurement Regulations.

(d) The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, he/she learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(e) The offeror further agrees by submitting this offer that it will include this Certificate, without modification, in all first-tier subcontracts. The offeror shall be responsible for compliance by any first-tier subcontractor with the provisions set forth in this Certificate.

8. Certification of Independent Price Determination (A-109, JAN 94)

(a) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to the opening (in the case of an advertised procurement) or prior to award (in the case of a negotiated procurement), directly or indirectly to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition.

(b) Each person signing this offer certifies that:

(1) He is the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above; or

(2) He: (i) is not the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as an agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent does hereby so certify; and (ii) has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above.

9. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (A-126, NOV 12)

(a) Primary Covered Transactions. [This certification applies to the offer submitted in response to this solicitation and will be a continuing requirement throughout the term of the prime contract.]

(1) In accordance with the provisions of Appendix A to 49 Code of Federal Regulations (CFR) Part 29, the offeror certifies to the best of its knowledge and belief, that it and its principals:

(i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

(ii) Have not within a three-year period preceding this offer been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(ii) of this Certification; and

Form 33.204 (5/22) Page 5 of 10 Exhibit A

(iv) Have not within a three-year period preceding this offer had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the offeror is unable to certify to any of the statements in this certification, the offeror shall attach an explanation to this offer.

(b) Lower Tier Covered Transactions. [This certification applies to a subcontract at any tier expected to equal or exceed $25,000 and will be a continuing requirement throughout the term of the prime contract.]

(1) In accordance with the provisions of Appendix B to 49 Code of Federal Regulations (CFR) Part 29, the prospective lower tier participant (subcontractor) certifies, by submission of this offer, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

(c) The Certification required by subparagraph (b), above, shall be included in all applicable subcontracts and a copy kept on file by the prime contractor. The prime contractor shall be required to furnish copies of certifications to the Contracting Officer upon the Contracting Officer's request.

10. Communication Policy and Certification (A-129, FEB 19)

(a) All oral and written communications with DART regarding this solicitation should be exclusively with, or on subjects and with persons approved by, the person identified in Block 3 of the solicitation cover sheet. Discussions or communications with any other person could result in disclosure of proprietary or other competitive sensitive information or otherwise create the appearance of impropriety or unfair competition and, thereby, compromise the integrity of DART's procurement system. If competition issues cannot be resolved through normal communication channels, the DART Procurement Regulations contain protest provisions for actual or prospective competitors claiming any impropriety in connection with this procurement.

(b) By submission of this offer, the offeror certifies that it has not, and will not prior to contract award, communicate orally or in writing with any DART employee or other representative (including DART Board members, DART contractors, or DART consultants) other than the individual, or person(s) and on subjects approved by the individual, named in Block 3 of the solicitation cover sheet, except as described below: (CHECK "NONE" IF NONE EXISTS.)

NONE

Name of DART Representative

Date and Subject of Communication

{provide attachment, if necessary}

(c) This certification concerns a material representation of fact upon which reliance will be placed in awarding a contract.

If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to any other remedies the Authority may have, the Contracting Officer may terminate the contract resulting from this solicitation for default and/or recommend that the offeror be debarred or suspended from doing business with the Authority in the future in accordance with the procedures set forth in DART's Procurement Regulations. In addition, a false entry could be a violation of Texas Penal Code paragraph 37.10.

(d) The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, he/she learns that its certification was, or a subsequent communication makes, the certification erroneous.

Form 33.204 (5/22) Page 6 of 10 Exhibit A

11. Conflict of Interest Certification

By submission of this offer, I certify that:

(a) I have read and understand the provisions of this section and understand the General Provisions Clause entitled in the “Interest of Public Officials” that will be incorporated into any contract resulting from this solicitation. I further understand that the pecuniary interest in that clause includes employment relationships.

(b) I understand the Authority has an extensive conflict of interest policy that includes the following:

1. Organizational Conflicts of Interest:

Organizational conflicts of interest, real or apparent, include, but are not limited to, the following:

• Lack of Impartiality or Impaired Objectivity. This occurs when a contractor is unable, or potentially unable, to provide impartial and objective assistance or advice to the Authority due to activities, relations, contracts, or other circumstances.

• Unequal Access to Information. This occurs when the contractor has an unfair competitive advantage through obtaining access to nonpublic information during the performance of an earlier contract.

• Biased Ground Rules: This occurs when during the conduct of an earlier procurement, the contractor has established the ground rules for future procurement by developing specifications, cost estimates, evaluation factors, or other similar documents.

• Evaluation of Prior Work Product: This occurs when the contractor would be in a position to evaluate its own prior work product as part of this contract, whether the prior work product is performed on behalf of the Authority or another public or private entity; or as part of this Contract the contractor would be in a position to assess its prior work product whether or not it was performed on behalf of the Authority or another public or private entity.

With its submission, the Offeror must provide a list of all existing contracts with the Authority and any contracts that the Contractor has had with the Authority over the past five (5) years that may have expired or been terminated. The list must include the contract number, contract name, month and year of contract award, and, as applicable, month and year of termination.

2. Personal Conflicts of Interest:

Personal conflicts of interest include, but are not limited to, the following:

• Actual Personal Conflict of Interest: A conflict exists if the employee or a member of the employee’s immediate family has a direct or indirect financial, business, or close personal relationship with any entity that does business with DART or seeks to do business with DART, now or in the foreseeable future, that a reasonable person would conclude would alter the employee’s impartial judgment or performance of his/her duties.

• Potential Personal Conflict of Interest: A conflict exists if the employee or any member of the employee’s immediate family is considering an offer of employment or is actively seeking employment with any entity that does business with DART or seeks to do business with DART now or in the foreseeable future.

3. Agency Conflicts of Interest:

Agency conflicts of interest are activities that a contractor may be engaged in that may counter the interests of the Authority and include, but are not limited to, the following:

• Litigatory Conflict of Interest: This conflict exists when the contractor has existing or pending litigation against the Authority. Offeror must identify all active or pending litigation against the Authority.

• Member City Conflict of Interest: This conflict exists when the contractor has an existing contract with a DART member city that will or has the appearance that it will impair the contractor from prioritizing

Form 33.204 (5/22) Page 7 of 10 Exhibit A

DART’s needs. Offeror must identify all related contracts it has with DART’s member cities so the

Authority can determine if a conflict exists.

• Competing Interest Conflict of Interest: This conflict exists when the contractor has an existing contract with another transit agency or organization that will or has the appearance that it will impair the contractor from prioritizing DART’s needs. Offeror must provide a list of contracts with other transit agencies where it may have a competing interest against DART’s.

(c) Mark one with an "X":

To the best of my knowledge and belief, no employee of my firm is related to an Authority employee; or

An employee of my firm is related to an Authority employee, and a letter to the Contracting Officer explaining that relationship is attached to this Exhibit A

(d) The requirements of this certification have been passed through to all first-tier subcontractors or subconsultants anticipated to be used at the time of the submission of its offer. Offeror must provide the same information required of it for all first-tier subcontractors or subconsultants anticipated to be used at the time of the submission of its offer.

12. Drug-Free Workplace Program Certification (A-125, JAN 05)

(a) As used in this clause:

(1) “Alcohol” means ethyl alcohol and any beverage containing ethyl alcohol.

(2) “Controlled substance(s)” means a substance, including a drug and an immediate precursor listed in Schedules I through V of Subchapter A of the Texas Controlled Substances Act, V.T.C.A., Health and Safety Code, Sections

481.032 - 481.036. These substances include, but are not limited to, marijuana, heroin, LSD, concentrated cannabis or cannabinoids, hashish or hash oil, morphine or its derivatives, mescaline, peyote, phencyclidine (PCP, Angel Dust), opium, opiates, methadone, cocaine, quaaludes, amphetamines, “exotic/designer” drugs, benzodiazepines, Seconal, codeine, barbiturates, phenobarbital, or Valium.

(3) “Safety sensitive task” means each category of work performed at a construction workplace which, if performed by a person impaired by the effects of alcohol or a controlled substance:

(i) would pose a serious risk of death or personal injury to the employee or others in the vicinity; or

(ii) could compromise the quality of the construction in such manner as would impose a significant public safety risk in the operation of the Authority's public transportation system.

(4) “Drug-free workplace” means a site for the performance of work done in connection with the Authority's construction contract at which employees are prohibited from using alcohol or from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

(5) “Employee” means an employee of a Contractor or subcontractor who may be directly engaged in the performance of work under the Authority's construction contract.

(6) “Reasonable suspicion” means the presence or absence of specific criteria identified in the Contractor's drug-free workplace program (indicating the possibility that a person is under the influence of alcohol or a controlled substance) as observed by the Contractor's supervisory personnel with reasonable training in the identification of such criteria.

(b) The program shall provide for mandatory drug testing of employees who are to perform safety sensitive tasks under the following circumstances:

(1) All employees will be tested prior to assignment to the Authority's construction project to ascertain the use of controlled substances if the employee will be performing safety sensitive tasks; and

(2) When there is a reasonable suspicion that an employee is under the influence of alcohol or a controlled substance at the workplace; and

(3) When an employee has been involved in an accident or unsafe practice (as defined in the Contractor's safety program) at the workplace.

Form 33.204 (5/22) Page 8 of 10 Exhibit A

(c) The program may, at the Contractor's discretion, include mandatory employee drug testing under the following circumstances:

(1) As part of or as a follow-up to counseling or rehabilitation for controlled substance use; or

(2) As part of a voluntary employee drug testing program.

(d) A random testing procedure to detect the use of alcohol or a controlled substance by employees performing safety sensitive tasks is required as part of the Contractor's program for the purpose of preventing or deterring hazardous performance. The procedure shall require that, at a minimum, five percent (5%) of the Contractor's employees will be randomly tested within the contract period or within each year of the contract period, whichever period is shorter.

(e) All testing by or on behalf of the Contractor because of a requirement in the Authority's contract shall be conducted only for employees engaged (or to be engaged) in safety sensitive tasks and only for use of alcohol or a controlled substance and shall be conducted in a manner and under written policies that minimize the intrusion on the employee's privacy and personal dignity. This provision shall not preclude the Contractor from adding its own additional testing requirements.

(f) The Contractor shall publish a statement notifying employees that the use of alcohol at the workplace or the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance by employees at any time is prohibited and specifying the actions that will be taken against employees for violations of such prohibition.

(g) The program must require each employee who will perform a safety sensitive task, prior to working under the Authority's contract to:

(1) Acknowledge in writing the Contractor's drug-free workplace program; and

(2) Give advance written consent to any drug testing that may be conducted under the Contractor's program and the use of test results for decisions related to employment, disciplinary action, or continued employment. The Contractor will agree, in connection with the employee's consent, that the results of testing for alcohol and controlled substances will not be voluntarily referred to any law enforcement agency. If the Contractor is subject to a collective bargaining agreement:

(i) the procedure for obtaining the individual employee's acknowledgment and consent must be consistent with the Contractor's obligations under the collective bargaining agreement; and employees shall have the right to be accompanied by a union representative when any specimen is obtained for testing.

(ii) employees shall have the right to be accompanied by a union representative when any specimen is obtained for testing.

(h) The Contractor will establish a drug-free awareness program to inform its employees about:

(1) The dangers of drug abuse in the workplace;

(2) The Contractor's policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee assistance programs; and

(4) The penalties that may be imposed upon employees who refuse to submit to required testing and for other violations of the drug-free workplace program including, but not limited to, being unable to remain employed at the workplace until approval to return is obtained from the Authority.

(i) The Contractor's drug-free workplace program shall, at a minimum, include:

(1) Policies and procedures for specimen collection, chain of custody for specimens, laboratory qualification standards, laboratory analysis procedures, quality control requirements, and test result reporting procedures which substantially conform to the material requirements of the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by the U.S. Department of Health and Human Services in effect on the date of award of the Authority's construction contract.

(2) Procedures for the Contractor's employees to report their use of prescription drugs used in the course of medical treatment or which have been prescribed and authorized for use by a licensed medical practitioner.

Form 33.204 (5/22) Page 9 of 10 Exhibit A

(3) The criteria the Contractor will use for “reasonable suspicion” testing.

(4) The levels of alcohol or controlled substances which will be used in conjunction with a determination that an employee is “under the influence” or is “impaired by the effects of” alcohol or controlled substance(s).

(j) The Contractor shall display a notice, prominently placed near each entrance to the workplace, stating that, by entering the premises, persons are consenting to an inspection of themselves and their property including, but not limited to, their clothing, vehicles, briefcases, lunch boxes, toolboxes, purses, and packages.

(k) The Contractor agrees to use its best efforts to establish and maintain a work environment free of use by employees of alcohol or controlled substances through implementation of paragraphs (b) through (j) of this clause. The Contractor shall prepare and maintain records in sufficient detail to demonstrate compliance with the requirements of this clause including, but not limited to, certifications from subcontractors and records of drug or alcohol tests conducted during performance of the contract. Such records shall be subject to inspection and audit by the Authority, and the Contractor's noncompliance may authorize the Authority to withhold all or any portion of any payments due the Contractor until the Contractor demonstrates compliance.

(l) A Drug-Free Workplace Program clause identical to this clause (except for changes appropriate for designation of the parties), including this subparagraph (l), will be included in every subcontract entered into in connection with this contract.

(m) Contractor shall comply with all applicable local, state, and federal laws, standards, rules and regulations concerning Substance Abuse Programs, including, but not limited to Federal Acquisition Regulation (FAR) 52.226-7, “Drug-Free Workplace”, 49 CFR Part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations” and 49 CFR Part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.”

13. Minority and Woman-Owned Business Enterprise Goals (A-123, APR 04)

If goals have been established, by submission of this offer, the offeror certifies that it will comply with the provisions of Exhibit G attached to this solicitation entitled "Minority and Woman-Owned Business Enterprise Provisions," and will meet such goals as are established in any ensuing contract.

14. Non-Discrimination Assurance (A-130, JAN 05)

The offeror certifies that it will not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The offeror understands that it is required to insert the substance of this clause in all subcontracts and purchase orders. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Authority deems appropriate. The offeror further agrees by submitting this offer that it will include this certificate, without modification, in all subcontracts and purchase orders.

Contractor Certification Regarding Boycotting Israel

Texas Government Code Chapter 2270.002 prohibits DART from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

(a) Does not boycott Israel; and

(b) Will not boycott Israel during the term of the contract.

“Boycotting Israel” and “company” have the meaning assigned by §808.001 of the Texas Government Code.

“Governmental entity” has the meaning assigned by §2251.001 of the Texas Government Code.

By submission of this offer, the offeror certifies that it does not boycott Israel as defined in Texas Government Code §808.001, as amended, and will not boycott Israel during the term of the contract.

If DART determines the offeror/contractor has violated these terms, the Authority may pursue any legal claims it may have against the offeror/contractor, including termination of the contract for default.

15. Contractor Certification Regarding Discrimination Against Firearm Entity or Firearm Trade Association

Texas Government Code Chapter 2274.02 prohibits DART from entering into a contract with a company for the purchase of goods or services unless the contract contains a written verification from the company that it:

(a) Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

Form 33.204 (5/22) Page 10 of 10 Exhibit A

(b) Will not discriminate during the term of the contract against a firearm entity or firearm trade association.

“Company” and “discrimination against firearm entity or firearm trade association” and “firearm entity” and “firearm trade association” have the meaning assigned by §2274.001 of the Texas Government Code. “Governmental entity” has the meaning assigned by §2251.001 of the Texas Government Code.

By submission of this offer the offeror certifies that it does not discriminate against any firearm entity or firearm trade association as defined in Texas Government Code, §2274.00.001 as amended, and will not discriminate any firearm entity or firearm trade association during the term of the contract.

If DART determines the offeror/contractor has violated these terms, the Authority may pursue legal claims it may have against the offeror/contractor, including termination of the contract for default.

16. Contractor Certification Regarding Boycotting Certain Energy Companies

The Texas Government Code Chapter 2276.002 prohibits DART from entering into a contract with a company for the purchase of goods or services unless the contract contains a written verification from the company that it:

(a) Does not boycott energy companies; and

(b) Will not boycott energy companies during the term of the contract.

“Boycott energy companies” and “company” have the meaning assigned by §809.001. “Governmental entity” has the meaning assigned by §2251.001 of the Texas Government Code.

By submission of this offer, the offeror certifies that it does not boycott certain energy companies as defined in Texas Government Code, §809.001 as amended, and will not boycott certain energy companies during the term of the contract.

If DART determines the offeror/contractor has violated these terms, the Authority may pursue any legal claims it may have against the offeror/contractor, including termination of the contract for default.

SIGNATURE BLOCK FOR ALL

REPRESENTATIONS & CERTIFICATIONS

NAME OF OFFEROR & ADDRESS (Include ZIP & phone)

OFFERORS MUST SET FORTH FULL, ACCURATE AND

COMPLETE INFORMATION AS REQUIRED BY THIS

SOLICITATION (INCLUDING THIS ATTACHMENT).

FAILURE TO DO SO MAY RENDER THE OFFER

NONRESPONSIVE OR UNACCEPTABLE.

A FALSE STATEMENT IN ANY OFFER SUBMITTED

TO THE AUTHORITY MAY BE A CRIMINAL

OFFENSE IN VIOLATION OF SECTION 37.10 OF THE

TEXAS PENAL CODE.

Signature: Date:

TYPE NAME:

Solicitation No. B-2092682

DART Form 33B Page 1 of 3 Exhibit B

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. Questions Concerning the Solicitation (B-300.01, APR 15)

5. Submission of Bids (B-300.02, APR 15) 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-Fort Worth 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 various parts for our Bus Depot Intercom, 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.

(b) 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.

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

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

(d) 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.

(e) 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.

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

DART Form 33B Page 2 of 3 Exhibit B

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.”

(g) Detailed Description of Supplies/Services Not in Schedule (B-100.12A, OCT 04)

Item descriptions in the Schedule are not intended as complete descriptions of the required supplies and/or services to be purchased under this solicitation. Complete descriptions are provided in the Specifications and/or Statement of Work exhibits in this solicitation document.

4. Questions Concerning the Solicitation (B-300.01, APR 15)

Questions or requests for clarification may be submitted on the DART Bonfire portal in the Questions and Answer section of the solicitation, https://dart.bonfirehub.com.

5. Submission of Bids (B-300.02, APR 15)

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

https://dart.bonfirehub.com/ https://dart.bonfirehub.com/

DART Form 33B Page 3 of 3 Exhibit B

DALLAS AREA RAPID TRANSIT

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

Offerors should provide information on all of their prospective subcontractor(s)/subconsultant(s) who submit bids/proposals in support of this solicitation (B-100.23A SEP 03).

Project Name: Asset Management Lockers Solicitation Number: B-2092002

Name of Prime Contractor: _______________________________________________________

NAMES AND ADDRESSES OF

SUBCONTRACTOR(S)/SUBCONSULTANT(S)

TYPE OF WORK TO

BE PERFORMED

MINORITY OR

WOMAN FIRM?

(Check all that apply)

PREVIOUS

YEAR'S

ANNUAL GROSS

RECEIPTS

NAME:

ADDRESS:

PHONE:

FAX: E-MAIL:

TAX ID #:

CONTACT PERSON:

TYPE OF WORK:

AGE OF FIRM:

YES □

NO □

IF YES: DBE □

OR MBE □

OR WBE □

□ less than $500K

□ $500K - $2 mil.

□ $2 mil. - $5 mil.

□ more than $5 mil.

NAME:

ADDRESS:

PHONE:

FAX: E-MAIL:

TAX ID #:

NO □

IF YES: DBE □

OR MBE □

OR WBE □

□ less than $500K

□ $500K - $2 mil.

□ $2 mil. - $5 mil.

□ more than $5 mil.

NAME:

ADDRESS:

PHONE:

FAX: E-MAIL:

TAX ID #:

NO □

IF YES: DBE □

OR MBE □

OR WBE □

□ less than $500K

□ $500K - $2 mil.

□ $2 mil. - $5 mil.

□ more than $5 mil.

NAME:

ADDRESS:

PHONE:

FAX: E-MAIL:

TAX ID #:

NO □

IF YES: DBE □

OR MBE □

OR WBE □

□ less than $500K

□ $500K - $2 mil.

□ $2 mil. - $5 mil.

□ more than $5 mil.

NAME:

ADDRESS:

PHONE:

FAX: E-MAIL:

TAX ID #:

NO □

IF YES: DBE □

OR MBE □

OR WBE □

□ less than $500K

□ $500K - $2 mil.

□ $2 mil. - $5 mil.

□ more than $5 mil.

Name/Title of Person completing this form: ___________________________________

Signature____________________________________________ Date_____________________

Solicitation No.: B-2092682

Form 33.205L (03/25) Page 1 of 5 Exhibit C

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT C

SOLICITATION INSTRUCTION AND CONDITIONS

(INVITATION FOR BIDS – LOCALLY FUNDED SUPPLIES/SERVICES)

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

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

3. Authority-Furnished Property (3-802.08, MAR 25)

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

5. Cancellation of Solicitation (3-802.13, MAR 25)

6. Confidential Data (3-802.11, MAR 25)

7. Discounts (3-802.06, MAR 25)

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

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

10. Minority and Woman-Owned Business Enterprise (M/WBE) Participation (B-100.17B, OCT 04)

11. Multiple or Alternate Offers Not Accepted (3-105, MAR 25)

12. Order of Precedence (3-802.10, MAR 25)

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

14. Preparation of Bids (3-802.01, MAR 25)

15. Procurement Confidentiality (B-100.22A, MAR 25)

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

1. Acknowledgment of Amendments to Invitation for Bids (3-802.03, MAR 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;

(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, JAN 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, MAR 25)

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, MAR 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 any bids received.

(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, or otherwise furnished electronically to the successful bidder

Form 33.205L (03/25) Page 2 of 5 Exhibit C 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, MAR 25)

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, MAR 25)

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, MAR 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…