563-26.pdf

INTRODUCTION

The Ohio Department of Transportation (ODOT) is requesting proposals from qualified individuals or firms to provide technical assistance services under the Ohio Technical Assistance Program (OTAP) for the Office of Transit. OTAP is a federal and state funded program designed to assist Ohio’s public transportation service providers and human service transportation providers to address complex administrative and operating issues and comply with a myriad of federal and state program rules, regulations, and requirements.

As required by O.R.C. § 5501.07(D), through its administration of the Federal Transit Administration’s (FTA) Rural Transit Program, Seniors, and Individuals with Disabilities (Specialized Transportation Program), Rural Transit Assistance Program (RTAP), Statewide Transportation Planning and other state grant programs, ODOT must be able to respond to the technical assistance needs of Ohio’s transportation providers. The current Federal Transportation law was enacted, effective November 15, 2021, titled the Bipartisan Infrastructure Law (BIL). The BIL Act will remain in effect from 2022 to 2026. The selected proposer will be expected to support ODOT by assisting in the interpretation and implementation of any future BIL Act extensions or a new surface transportation bill.

Due to limitations in staff time and financial resources for additional in-house labor, ODOT Office of Transit does not have the ability to meet all requests for technical assistance using its own resources. OTAP allows ODOT to supplement the efforts of its staff with the expertise, experience, and resources of private consultants to meet the technical assistance needs of Ohio transportation service providers.

For the SFY 2026-2027 time period, ODOT will award either one (1) contract for rural technical assistance for compliance and operations through this solicitation, or multiple contracts related to specific tasks for rural technical assistance for compliance and operation. Rather than request responses with a related sample task, ODOT is soliciting proposals that will serve as the basis for the award(s). This Request for Proposals (RFP) comprises that single solicitation, or task specific solicitations that could result in multiple solicitations.

SCOPE OF SERVICES

The successful firm, or team of firms, will be required to perform a variety of technical assistance services through task orders determined and identified by ODOT. A task order may include, for example, assisting transportation providers in resolving FTA or ODOT regulatory review corrective actions, review of vehicle maintenance facilities/transit centers, from preliminary engineering through final design, FTA & ODOT regulatory reviews, assistance with transportation coordination efforts, development and presentation of transit training courses and workshops, development of instructional manuals or handbooks, or technical assistance in contract and invoice reviews of ODOT’s subrecipients. Task orders may also be necessary to address a variety of management, technical, financial, and operating issues which may require immediate solutions. The majority of work will be conducted for rural public transit systems, human service agencies in rural areas of the state, and within the ODOT Office of Transit staff.

Based on the above, the successful firm must demonstrate, either through existing staff or partnerships with other consultants, a level of expertise and experience in several disciplines to assure that Ohio’s transportation service providers’ needs can be addressed in a timely, prudent, and fiscally responsible manner. Specific tasks have yet to be identified for the proposed contract. However, to give a general idea of the type and scope of service expected, a list of sample tasks is included in Exhibit 1.

There will be no sample task as a part of this solicitation. Firms will be evaluated on completeness of submission, willingness to comply with federal requirements, inclusion of a valid DBE component, experience of firm or team to address a variety of applicable tasks, timely availability of appropriate personnel (including technical support) to assign to contracted tasks, a commitment to cost containment for contracted tasks demonstrated in the cost proposal, and thorough knowledge of Federal Transit Administration policies and requirements. When completing Exhibit 1, please describe the expertise your firm or team has in these areas.

ODOT/CONSULTANT RESPONSIBILITIES

The contract scope is comprised of the accumulated task orders to be issued during the contract period. ODOT will notify the consultant(s) when a task order is required. Department representatives and the consultant(s) will discuss the scope of work and the extent of effort required to complete the task. Upon reaching agreement on any task, and prior to the commencement of any work, the consultant(s) will prepare a task order, which will include the following information:

• Task purpose

• Methodology for task completion

• Timeline for task completion

• Individuals assigned to the task

• Level of effort required per assigned individual

• Rates charged per assigned individual as stipulated in the contract, including the breakdown of the direct labor, overhead rate, and net fee (profit)

• All direct and indirect expenses, including, at a minimum, the costs for all deliverables, supplies, services, travel, and general administration

• Description of deliverables, including the number and type (i.e., reports, manuals, services, presentations, etc.)

ODOT will review the consultant’s prepared task order and will negotiate the terms. Upon approval, the consultant(s) will electronically sign the task order and send to ODOT for final signature and authorization to proceed.

PROPOSAL RESPONSE FORMAT

I. Description of Proposer

Proposers must identify themselves and any partner firms or subcontractors in accordance with the following format:

Name:

Address:

Telephone:

Contact Person:

Contact Person Email Address:

Contact Person Phone Number:

Areas of Expertise for this Response:

Major Clients Served (particularly identify any State DOTs for whom contract services were provided):

Is this firm a certified DBE firm in Ohio?

II. Understanding of the Scope of Work

Proposers must complete Exhibit 1, Qualifications for Technical Assistance Contract. An appropriate response to this section will include a completed checklist and description of areas in which the proposal’s consulting team has expertise. Please include a listing of the location of past work performed in each area, names of specific employees proposed to perform work in the identified area, and an indication of the firm’s and employee’s availability to perform work on this contract. If copies of individual studies are needed, they will be requested as the respective submissions are reviewed. Please do not include them in your proposal. Please note in addressing this element, the contract to be awarded will comprise a major level of work with the potential for many hundreds of hours of effort. Please include the response to this section as the Work Plan.

III. Management and Organization Support

Submit no more than ten (10) resumes of individuals who will be assigned to the proposed contract, including the project manager. List each individual’s qualifications, familiarity with and understanding of FTA and ODOT grant programs, policies and procedures, and previous experience on similar projects. This applies to the proposing firm and to any firms participating in the team or subcontractors. Include a table of organization identifying participating personnel. Include the response to this section as the Staff Plan.

IV. Cost Containment/DBE Requirements

Cost containment is an important factor in determining how many tasks can be performed under the contract.

Under this section, please identify measures to be taken to contain costs. Areas to be addressed include direct expenses, overhead expenses, and travel expenses. A template Cost Proposal Summary form has been provided for this RFP and the proposer must use this document to develop its cost proposal. When developing a cost proposal, the net fee (profit) proposed by the prime consultant and any subconsultant for work performed on this contract will not exceed 11.0% consistent with other ODOT practices for similar consultant work.

These contracts make up ODOT’s primary Disadvantaged Business Enterprise effort for the Office of Transit each year. DBE contractors/subcontractors must be identified in this section with a description of how DBE involvement in a task will be determined. The DBE contractors/subcontractors must perform work meaningful to the contract so peripheral efforts should not be included. Failure to follow through and use the DBE contractors/subcontractors following a contract award will provide cause to exclude a firm from future considerations for this contract.

The selected consultant shall deliver a monthly invoice to ODOT staff at least thirty (30) calendar days after the last day of the previous month. For example, work performed in the month of July shall be invoiced to ODOT by August 30th.

Include the response to this section as the Cost Proposal.

V. Forms, Certifications and Assurances

All proposers must complete, sign, and submit the following enclosed exhibits with their Proposal for each participating firm (include as Required Forms):

• Exhibit A - Affirmative Action Affidavit

• Exhibit B - Non-Collusion Affidavit

• Exhibit C – Certification of Debarment & Suspension

• Exhibit D – Certification of Restrictions on Lobbying

PROPOSER INSTRUCTIONS

I. Proposal Submission

All information must be submitted through Ohio Buys. The proposal must be prepared and submitted in accordance with instructions found in this section and must be received by the State no later than 1:00 PM, Wednesday, May 14, 2025. Proposals received after this date and time will not be reviewed. Material mailed or submitted separately from the proposal packet will not be accepted or added to the proposal by ODOT staff.

All materials submitted in accordance with this solicitation become the property of the State of Ohio and shall not be returned. All materials submitted in accordance with this solicitation shall remain confidential until Successful Proposer(s) are selected after Phase II at which time all submitted information becomes part of the public record.

II. Inquires

All inquiries must be submitted through Ohio Buys. Pre-proposal questions must be received no later than the close of business the Thursday prior to the scheduled opening date. An addendum being issued is dependent upon the information received and the impact on the competitive bidding process.

Proposers are NOT to contact any other ODOT office, including District offices, for responses to pre-bid questions.

II. III. Commitment to Perform Services

The proposal must be signed by a duly authorized official of the proposer’s firm, or if a team response, by an official from each participating firm.

III. IV. Contract Type

ODOT will award an Indefinite Deliverable, Indefinite Quantity (IDIQ) task-based, cost reimbursement contract.

The total contract amount is unknown, as each task will be autonomous. ODOT and the successful proposer(s) will negotiate the costs for each approved task, separate from and in addition to, all other approved tasks.

However, under no circumstance will the unit costs for direct labor, the percent of allowances for overhead and general administration, or the net fee exceed the amounts or rates agreed upon prior to entering the contract.

V. Travel

While not requested as a part of the information submitted, all travel costs are limited by the rates allowed under the applicable ODOT travel directives in place at the time travel is undertaken. The Office of Budget and Management (OBM) sets the mileage reimbursement rate for contractors with state agencies to utilize at the following location: https://obm.ohio.gov/wps/portal/gov/obm/areas-of-interest/agency-overview/obm-travel-rule/obm-travel-rule. This contract will utilize the rate set by OBM as amended quarterly throughout the state fiscal year.

https://obm.ohio.gov/wps/portal/gov/obm/areas-of-interest/agency-overview/obm-travel-rule/obm-travel-rule https://obm.ohio.gov/wps/portal/gov/obm/areas-of-interest/agency-overview/obm-travel-rule/obm-travel-rule

VI. Contract Award

Any proposed contract negotiated between ODOT and the successful proposer, as a result of this RFP, is subject to the approval of the ODOT Governance Board. Without Governance Board approval, the contract will be invalid and unenforceable.

TERMS AND CONDITIONS

I. I. Project Completion

The duration of the contract will be two years, starting July 1, 2025, and ending June 30, 2027. Individual purchase orders will be issued for each year of the two-year contract period. Proposers should note that each task within the overall contract will have its own completion date.

II. Project Funding

The contract will be funded with federal funds from the FTA supplemented by state funds from ODOT as needed.

The federal assistance expected to be provided for this contract will be funded from the following FTA programs:

• CFDA 20.505: Metropolitan Transportation Planning and State and Non-Metropolitan Planning and Research,

• CFDA 20.509: Formula Grants for Rural Areas and Tribal Transit Program,

• CFDA 20.513: Enhanced Mobility of Seniors and Individuals with Disabilities.

III. Reserved Rights

During the solicitation process, ODOT reserves the following rights:

• To reject any or all proposals, to postpone contractor selection and to resolicit or cancel this procurement if deemed to be in the best interest of the State of Ohio.

• To request additional information from any and all proposers.

• To subject the execution of any contract or task order to the availability of funds and negotiation of agreeable terms with the successful proposer.

• To enter into a contract with any proposer based upon the proposer’s initial offer.

• To waive liability for reimbursement of any costs incurred by proposers responding to this RFP.

IV. Rejection of Proposals

ODOT will reject any proposal for the following reasons:

• Proposer fails to sign the required forms, certifications, and assurances

• Proposer includes exceptions to the services described under Scope of Services.

• Proposal exceeds the fifteen (15) page limit, excluding resumes and required forms, certifications, and assurances.

• Proposal is received after deadline.

• Proposal provides less than sixty (60) days for acceptance.

REQUIRED CONTRACT CLAUSES

Any contract awarded as a result of this solicitation will incorporate the clauses of the standard ODOT contract as well as specific clauses required by FTA. The required FTA clauses and certifications (Exhibit A through Exhibit E) are included. If selected, the proposer must execute the contract and each of the appropriate exhibits prior to ODOT’s execution.

EVALUATION AND SELECTION PROCESS

I. Criteria for Scoring of Technical Proposal

Qualifying technical proposals will be collectively scored by a Proposal Review Team (PRT) appointed by ODOT.

For each of the evaluation criteria given in the following score sheet, reviewers will collectively judge whether the technical proposal exceeds, meets, partially meets, or does not meet the requirements expressed in the RFP, and assign the appropriate point value, as follows:

0 6 8 10

Does Not Meet Requirement

Partially Meets Requirement

Meets Requirement

Exceeds Requirement

Technical Performance Scoring Definitions:

“Does Not Meet Requirement”- A particular RFP requirement was not addressed in the vendor’s proposal, Score: 0

“Partially Meets Requirement”-Vendor proposal demonstrates some attempt at meeting a particular RFP requirement, but that attempt falls below acceptable level, Score: 6

“Meets Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, potentially with only minor, non-substantial deviation, Score: 8

“Exceeds Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, and offers some additional level of quality in excess of ODOT expectations, Score: 10

A technical proposal’s total PHASE II score will be the sum of the point value for all the evaluation criteria. The review team will collectively score each individual qualifying proposal. Technical proposals which do not meet or exceed a total score of at least 240 points (a score which represents that the selected vendor has the capability to successfully perform the project/program services) out of a maximum of 380 points, will be disqualified from further consideration, and its cost proposal will neither be opened nor considered. Only those vendors whose Technical Proposals meet or exceed the minimum required technical points will advance to PHASE III of the technical proposal score sheet.

II. Scoring Breakdown Table

ITEM

EVALUATION CRITERIA Weight Doesn’t Meet

Partial Meets

Meet

Exceed

WORK REQUIREMENTS

VENDOR QUALIFICATIONS AND

EXPERIENCE

Prior experience with technical assistance projects, with emphasis on a wide variety of transit related projects as demonstrated in Exhibit 1

Does the vendors proposal clearly express an understanding of the work to be completed. 4

Responsiveness to the Scope of Work as identified in Exhibit 1 5

4 Clarity of proposal and work 4

STAFFING PLAN

Qualifications of personnel – (education, experience, and training)

Resumes including identification of Project Manager

Access of respondent’s resources and personnel too DOT/local public entities. 3

Availability and responsiveness of proposer’s resources and personnel. 5

DBE Response

Evidence of meaningful DBE participation either from the prime consultant and/or any subconsultants 2

All DBE firms included their appropriate DBE certification from Ohio with the proposal 2

Column Subtotal of "Partially Meets" points

Column Subtotal of "Meets" points

Column Subtotal of "Exceeds" points

GRAND TOTAL SCORE:

Based upon the Grand Total Technical Score earned, does the vendor’s proposal meet or exceed the minimum technical score of 240 points?

Yes__________ No_____________ (If “No” vendor’s Cost Proposal will NOT be opened)

Cost Per Quality Point Vendors Total Submitted Cost: ________________ / Grand Total Technical Score: ______________

Cost per Quality Point: _______________ The Technical Proposal with the lowest Cost per Quality point will be recommended for award of the contract.

If ODOT finds that one or more Proposals should be given further consideration, ODOT may select one or more of the highest-ranking Proposals to move to the next phase. ODOT may alternatively choose to bypass any or all subsequent phases and make an award based solely on the Proposal evaluation phase.

II. Selection Process

The successful proposer will be selected by ODOT staff. ODOT staff will review and score all proposals deemed responsive. Proposers may be contacted to conduct an interview with ODOT. The interview will allow ODOT staff to ask questions with regard to the respective proposals and provide an opportunity for proposers to discuss issues relative to their proposals.

Following this selection process, ODOT staff will recommend a proposer or proposers for the OTAP contract to the ODOT Governance Board. Upon approval from the Governance Board, ODOT staff will contact the successful proposer to execute the contract.

EXHIBIT 1 – Work Plan

QUALIFICATIONS FOR TECHNICAL ASSISTANCE CONTRACT

Please identify from the following list those areas in which your firm or team is qualified to provide technical assistance.

This is not intended to be an all-inclusive list but represents some of the major areas in which technical assistance has been provided.

☐ Statewide Health and Human Services Transportation Coordination efforts with other state agencies within the

State of Ohio

☐ FTA Regulatory Reviews

☐ Maintenance facility/transit center review (Preliminary Engineering to Final Design)

☐ Construction Management

☐ Rural Transit Program (Section 5311)

☐ Seniors & Individuals with Disabilities Program (Section 5310)

☐ Urbanized Area Transit Program (Section 5307) ☐ Civil Rights (Title VI, DBE, EEO) ☐ Americans with Disabilities Act ☐ FMCSA Requirements ☐ FTA Drug & Alcohol Regulations Implementation

☐ Third Party Contracting/Procurement

☐ Buy America Requirements

☐ Transit Operations Planning

☐ Emergency Preparedness Planning

☐ Financial Management for ODOT Subrecipients

☐ Charter Bus Regulations

☐ National Transit Database

☐ Scheduling & Dispatching Software

☐ Locally Developed-Coordinated Public Transit-Human Services Transportation Plan

☐ Communications Systems/AVL

☐ Transit Vehicle and Equipment Specifications

☐ Vehicle Maintenance Management

☐ Service Performance Evaluations

☐ Asset Management (e.g.: Transit Asset Management Plan)

☐ ITS Procurement

☐ Training Programs (Passenger Assistance, Defensive Driving, Drug & Alcohol, Civil Rights, Procurement, Financial Management, etc.)

☐ National Environmental Policy Act (NEPA) Review with FTA Requirements

☐ Subrecipient Compliance Reviews

☐ Projects dedicated to state agency collaboration regarding Human Service Transportation

For those areas in which the box is marked, please provide the following information as an attachment to this exhibit.

• Name of firm, which will provide technical assistance in this area. If the response is from a team, name the firm that will actually be performing the work.

• Identify one (or two) studies, articles or presentations made by the firm in this area within the past four years, which represent capabilities in the area. Include the name of the author or presenter, the year accomplished, the client for which the work was performed, and a brief description of the work performed.

• Identify one (or two) individual(s) from the proposer’s firm/team who would be assigned to lead technical assistance projects of this type under this contract if awarded (we are not looking for the oversight manager here, but for a person who would be working on the task). Please indicate what percentage of the individual's time may be available to perform work under this contract.

• Be succinct and to the point.

Sample Tasks

The tasks below are provided as examples of funded work with recent OTAP contracts. Please remove this section when completing Exhibit 1 in the proposal response.

1. Accrual Accounting Training and Assistance

2. Coordination Program & Regionalization Implementation Assistance

3. Drug and Alcohol Program Reviews

4. FTA Review Technical Assistance

5. Grant Balancing

6. ITS Project RFP Development & Implementation

7. Locally Developed-Coordinated Plan Continuing Review & Assistance

8. Mobility Management Program Technical Assistance

9. New Rural Transit System Start-Up Assistance (Circuit Rider)

10. Public Transportation Agency Safety Plan Support

11. Rural Transit System Facility Construction & Renovation Procurement Assistance

12. Section 5310 and 5311 Program Development & Staff Support

13. Section 5310 Specialized Transit Vehicle Verification and Reviews

14. State Funding Investment Analysis & Planning Assistance

15. Subrecipient Financial Management Assistance (Invoice Review)

16. Technical Assistance Review (TAR) Support

17. Training Course Development & Presentation

18. Transit Manager Curriculum/Transit Certificate Program

19. Vehicle Inspections & Ordering Assistance

20. Rural to Urban transition assistance

EXHIBIT A

AFFIRMATIVE ACTION AFFIDAVIT

(to be completed by firms with less than 50 employees)

(STATE OF )

(COUNTY OF )

I, of the of in the County of , State of , of full age, being duly sworn according to law on my oath depose and state that:

1. I am of the firm of

, a bidder making a proposal inclusive upon the above-named project.

2. does not have 50 employees or more inclusive of all officers and employees of every type.

3. I am familiar with the affirmative action requirements of O.R.C. 125.11.1 and rules and regulations issued by the Ohio Department of Administrative Services pursuant thereto.

4. has complied with all affirmative action requirements of the State of Ohio, including those required by the O.R.C.

125.11.1 and the rules and regulations issued by the Ohio Department of Administrative Services thereto.

5. I am aware that if does not comply with

O.R.C. 125.11.1 and rules and regulations issued pursuant thereto, that no monies will be paid by ODOT until an affirmative action plan is approved. I understand that the contract may be terminated and may be debarred from all public contracts for a period up to five (5) years for violation of said provisions.

6. In the event my workforce increases to 50 employees, I must contact the Ohio

Affirmative Action office and complete an Employee Information Report.

Signature of Authorized Official Title

EXHIBIT B

NON-COLLUSION AFFIDAVIT

(STATE OF )

(COUNTY OF )

I, of the of in the County of , State of , of full age, being duly sworn according to law on my oath depose and state that:

I am of the firm of

, a bidder making a proposal inclusive upon the above named project, and that I executed the said proposal with full authority to do so: that said bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that ODOT relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by .

(Name of Contractor)

Signature of Authorized Official Title

EXHIBIT C

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Recipients, contractors, and subcontractors that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) with which they propose to contract or subcontract is not excluded or disqualified.

This is done by: (a) checking the SAM exclusions; (b) collecting a certification from that person (found below); or (c) adding a clause or condition to the contract or subcontract.

Instructions for Certification: Signing below indicates the prospective lower tier participant is providing the signed certification.

(1) It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on

Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR part 180,

(2) To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:

a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:

1. Debarred,

2. Suspended,

3. Proposed for debarment,

4. Declared ineligible,

5. Voluntarily excluded, or

6. Disqualified

b. Its management has not within a threeyear period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for:

1. 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,

2. Violation of any Federal or State antitrust statute, or,

3. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property,

c. It is 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 listed in the preceding subsection 2.b of this Certification,

d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a threeyear period preceding this Certification,

e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that information to FTA,

f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:

1. Equals or exceeds $25,000,

2. Is for audit services, or,

3. Requires the consent of a Federal official, and

g. It will require that each covered lower tier contractor and subcontractor:

1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and

2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:

a. Debarred from participation in its federally funded Project,

b. Suspended from participation in its federally funded Project,

c. Proposed for debarment from participation in its federally funded Project,

d. Declared ineligible to participate in its federally funded Project,

e. Voluntarily excluded from participation in its federally funded Project, or

f. Disqualified from participation in its federally funded Project, and

(3) It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its ThirdParty Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group., Certification

Contractor:

Signature of Authorized Official:

Da te / /

Name and Title of Contractor's Authorized Official:

EXHIBIT D

CERTIFICATION OF RESTRICTIONS ON LOBBYING

I, hereby certify

(Name and title of official)

On behalf of that:

(Name of Bidder/Company Name)

• No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

• If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit

Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

• The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by

31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure., Name of Bidder/Company

Name:

Type or print name:

Signature of authorized representative: Date /

Exhibit E

FTA Clauses

ACCESS TO RECORDS AND REPORTS

1. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records. (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

2. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The

Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this

Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

3. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337.

4. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

CHANGES TO FEDERAL REQUIREMENTS

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and

Applicable changes to those federal requirements will apply to each Third Party Agreement and parties thereto at any tier.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 74017671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 12511387). Violations must be reported to FTA and the Regional Office of the

Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:

Clean Air Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency

Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Federal Water Pollution Control Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution

Control Act, as amended, 33 U.S.C. 1251 et seq.

(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency

Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”

CIVIL RIGHTS LAWS AND REGULATIONS

The following Federal Civil Rights laws and regulations apply to all contracts.

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in FederallyAssisted

Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue.

1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under

49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive

Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial

Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of

Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal

Financial Assistance,” 45

C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity

The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C.

§ 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and

Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of

Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42

U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The

Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621634, U.S. Equal Employment Opportunity

Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or

Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the

U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

DEBARMENT AND SUSPENSION

Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 C.F.R. §§ 180.220 and 1200.220) must not be entered into with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.

180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:

(1) Complies with federal debarment and suspension requirements; and

(2) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

(Does not apply to projects fully funded by the Tribal Transportation Program (TTP).)

It is the policy of the Agency and the United States Department of Transportation ("DOT") that Disadvantaged Business Enterprises ("DBE’s"), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOTassisted contracts.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOTassisted contracts. 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 Agency deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as nonresponsible. 49 C.F.R. § 26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).

EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the http://www.sam.gov/ contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of

Labor, or as otherwise provided by law.

(8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive…