6-B-2092367.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-2092367 4. BRIEF DESCRIPTION:

2. ISSUE DATE: September 23, 2025

Replacement Parts Used for Streetcar Electro Hydraulic Unit

3. FOR INFORMATION CONTACT: (No collect calls)

NAME: Efriem Demeke

TELEPHONE: 214-749-2654 FAX N/A

E-MAIL: edemeke@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:

DART VIA BONFIRE ELECTRONIC SUPPLIER POTRAL.

HARD COPIES SHALL NOT BE ACCEPTED.

DATE: October 16, 2025

TIME: 2:00 PM Local Dallas

8. SUBMIT WITH OFFER: Upload one (1) electronic PDF copy including exhibits and attachments so indicated on Page 2 of this form.

9. Offers submitted in response to an IFB will be opened publicly, 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 180 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

⚫ Schedule Schedule 33.202A YES

⚫ Exhibit A Representations and Certifications 33.204 YES

⚫ Exhibit B Special Solicitation Instructions and Conditions 33.B

⚫ Attachment 1A Schedule of Subcontractor(s)/Subconsultant(s) None YES

⚫ Exhibit C Solicitation Instructions and Conditions 33.205L

⚫ Exhibit D Special Provisions 33.D

⚫ Exhibit F General Provisions 33.301

⚫ Exhibit G DBE, SBC or MBE and WBE Program 33.213

⚫ Attachment 1 Intent to Perform as a Subcontractor None YES

⚫ Attachment 2 Sample Vendor Payment Report None

⚫ Exhibit I Specifications 33.I

⚫ Exhibit L Business Questionnaire 33.253 YES

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

DESCRIPTION

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.)

B-2092367

Form 33.202A Page 1 of 1

DALLAS, TEXAS

SCHEDULE

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

NOTE: For Invitations for Bids the terms "Offer" and "Offeror" shall mean "Bid" and "Bidder", respectively; and for Request for

Proposals the terms "Bid" and "Bidder" shall mean "Offer" and "Offeror", respectively, in this solicitation and any associated exhibits.

THE OFFEROR MUST SIGN AND DATE THIS SCHEDULE WHERE PROVIDED

AND SUBMIT ALL PAGES WITH THE OFFER.

The line item price(s) for both the base contract and option years, if applicable, must include all costs that the offeror intends to recover, such as, but not limited to: supervision, labor, equipment, materials, vehicle licensing, vehicle title, warehousing, freight, pick-up, financing, carrying charges, and all other such charges to accommodate the supplies/services and delivery requirements. No price adjustments will be made, unless specifically provided for by an additional provision included in this contract. (B-100.07A, SEP 06)

LINE

ITEM

DART

PART

NUMBER

BASE TERM (TWO-YEARS)

Description

Unit of

Measure

Estimated Quantity

Unit Price

Extended

Price

Supplier

Lead Time

03-SC-0011

EXT, ELECTRO-HYDRAULIC UNIT

Manufacturer: Knorr Brake Company PN #815257

Brookville Part Number #03-31179

Each

TOTAL BASE TERM NOT TO EXCEED AMOUNT (Line Item 1) $_____________

Note: Failure to check the box next to the manufacturer part number or the equal manufacturer that will be provided for each line item, will result in a non-responsive bid.

NAME & TITLE OF OFFEROR'S REPRESENTATIVE: SIGNATURE & DATE:

(print or type) (Name & Title) (Signature of Offeror's Representative)

(Offeror's Name)

Form 33.204 (07/25) Page 1 of 9 Exhibit A

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT A

REPRESENTATIONS AND CERTIFICATIONS

(LOCALLY FUNDED SUPPLY/SERVICE OR 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 (A-104, MAY 04)

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 (A-117, FEB 03)

12. Drug-Free Workplace Program Certification (3-803.03, OCT 24)

13. Disadvantaged Business Enterprise Goals (A-110, APR 04)

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

15. Contractor Certification Regarding Boycotting Israel (A-131, DEC 18)

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

17. 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 (A-104, MAY 04)

The offeror represents and warrants that no employee, official, or member of the Board (Executive Committee) of the Authority is or will be pecuniarily interested in or benefited directly or indirectly as a result of this contract.

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"):

Form 33.204 (07/25) Page 2 of 9 Exhibit A 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) If 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 #:

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:

Form 33.204 (07/25) Page 3 of 9 Exhibit A

(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:

(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.

Form 33.204 (07/25) Page 4 of 9 Exhibit A

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

(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.]

Form 33.204 (07/25) Page 5 of 9 Exhibit A

(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.

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:

Form 33.204 (07/25) Page 6 of 9 Exhibit A

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 an employee (including temporary, part-time, and seconded employees), members of an employees’ immediate family (an employee’s spouse, children, stepchildren, mother, father, brother, sister or any other relative residing in the employee’s household), agents of the Authority (including contractors or organizations which represent or act on behalf of the Authority), and agents of the Authority employees or employees’ 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 claim, protest, or litigation against the Authority. Offeror must identify all active or pending claim, protest, or 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

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 the applicable provisions with an "X":

Form 33.204 (07/25) Page 7 of 9 Exhibit A

To the best of my knowledge and belief, no employee of my firm has a direct or indirect financial, business, or close personal relationship with any Authority employee, any members of their immediate families, agents of the Authority, or agents of Authority employees or their immediately families, nor are any Authority employees or any member of their immediate family considering an offer of employment or is actively seeking employment with my firm;

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.

To the best of my knowledge and belief, no real or apparent organizational conflicts of interest exist between my firm and the Authority, and a list of all existing contracts that my firm has had with the Authority over the last five (5) yeas that may have expired or been terminated will be included with my firm’s submission.

A real or apparent organizational conflicts of interest exists between my firm and the Authority and a letter to the Contracting Officer explaining that organizational conflict of interest is attached to this Exhibit A.

To the best of my knowledge and belief, no Agency conflicts of interest exist, and my firm is not engaged in activities that may counter the interests of the Authority.

An Agency conflict of interest exists between my firm and the Authority and a letter to the Contracting Officer explaining that Agency conflict of interest is attached to this Exhibit A.

(d) The requirement of this certification has been passed through to all first-tier subcontractors or subconsultants anticipated to be used at the time of the submission of my proposal.

12. Drug-Free Workplace Program Certification (3-803.03, OCT 24)

This certification applies to certain commercial products and services contracts as well as to all construction contracts with the Authority. The 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 CR 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.

(a) By submission of an offer, the offeror certifies and agrees that, with respect to the offeror and all employees of the offeror to be utilized in the performance of any contract resulting from this solicitation, it will establish a drug-free workplace program that complies with the provisions of the Drug-Free Workplace Program Clause of the General Provisions.

(b) Failure of the offeror to have the drug-free workplace program complying with this certification and the Drug-Free Workplace Program Clause of the General Provisions available for the Authority's review and approval as part of the Authority's pre-award responsibility survey will be deemed a lack of responsibility rendering the offeror unqualified and ineligible for award.

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

13. Disadvantaged Business Enterprise/Minority and Women-Owned Business Enterprise Goals (JUNE 04)

If goals have been established, by submission of this offer, the offeror certifies that it will comply with any provisions contained in Exhibit G relating to Disadvantaged Business Enterprises or Minority and Women-Owned Enterprises and will meet any goals as are established in any ensuing contract.

Form 33.204 (07/25) Page 8 of 9 Exhibit A

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.

15. Contractor Certification Regarding Boycotting Israel (A-131, DEC 18)

Texas Government Code Chapter 2270 prohibits DART from entering into a contract with a for-profit 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 includes refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or with an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

By submission of this offer, the offeror certifies that it does not boycott Israel as defined in Texas Government Code Section 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 Agency may pursue any legal claims it may have against the offeror/contractor, including termination of the contract for default.

16. 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

(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.

17. Contractor Certification Regarding Boycotting Certain Energy Companies

Texas Government Code Chapter 2276.002 prohibits DART from entering 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 §809.01. “Government 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 team of the contract.

Form 33.204 (07/25) Page 9 of 9 Exhibit A

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:

33.B Page 1 of 2 Exhibit B

Dallas Area Rapid Transit Authority

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

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

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

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

(b) The Authority is seeking sealed offers from qualified firms or individuals interested in providing Replacement Parts for Streetcar Electro-Hydraulic Unit, as described in Exhibit I, Specifications.

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

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

(d) 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.

33.B Page 2 of 2 Exhibit B

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

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

Project Name: Replacement Parts for Streetcar Electro-Hydraulic Unit

Solicitation Number: B-2092367

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:

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_____________________

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 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.

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

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

5. Cancellation of Solicitation (3-802.13, 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 of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date of the Authority's check, or, for an electronic funds transfer, the specified payment date.

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

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

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

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

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

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

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

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

(1) the date of mailing of a late bid, modification, or withdrawal sent by U. S. Postal Service Express Mail Next Day Service - Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service - Post Office to Addressee" label, and the postmark on the envelopes or wrapper and on the original receipt from the U. S. Postal Service. "Postmark" has the same meaning as defined in paragraph (c)(1) of this provision.

Therefore, bidders should request the postal clerk to place a legible hand cancellation bull's-eye "postmark" on both the receipt and the envelope or wrapper.

Form 33.205L (03/25) Page 3 of 5 Exhibit C

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

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

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

(a) It is the policy of the Authority to create a level playing field and eliminate barriers to participation by Minority Business Enterprises (MBEs) and Woman-Owned Business Enterprises (WBEs), as defined in Exhibit G, in the performance of any contract awarded as a result of this solicitation. In this regard, all offerors shall take all necessary and reasonable steps to ensure that M/WBEs have a fair opportunity to compete for and perform DART contracts. The Authority and all offerors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DART contracts or subcontracts.

(b) In accordance with the M/WBE Policy, the Authority has determined that there are subcontracting opportunities and has established goals for M/WBE participation in this solicitation. The offeror will be expected to meet or exceed the goals, and/or demonstrate its good faith efforts to meet them. These goals, expressed as a percentage of the total contract price, including any increases that may occur, are:

(1) 25 % MBE Participation; and

5 % WBE Participation; or

(2) a combination M/WBE goal which can be met by utilizing MBEs only, WBEs only, or a combination of both of:

0 % M/WBE Participation.

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

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

(d) Offerors are advised that the issue of whether or not the offeror has met or exceeded the established goals, or demonstrated sufficient good faith efforts, is considered by the Authority a matter of the offeror's responsibility. DART will only award contracts to offerors determined to be responsible.

(e) The percentage(s) agreed to…