Request For Quotation

Dulles Hoist Repair On Crane SN 16059

RFQ #: 0000010928

Point of Contact: Joan Hahn

Date Issued: Sep 01, 2026 10:08 AM

Questions Due: 09/09/2026

Due Date/Time: Sep 09, 2026 10:08 AM

Email Address: jwhahn@wmata.com

NOTE:

The Washington Metropolitan Area Transit Authority (WMATA) requires the services/supplies of a qualified vendor to provide inventory items. To that end, the Authority is issuing this Request for Quote (RFQ) to solicit quotations from qualified firms and individuals who can satisfy the requirements contained herein.

THIS REQUEST FOR QUOTATION IS BEING ISSUED UNDER THE SIMPLIFIED ACQUISTION

PROCEDURES. SIMPLIFIED ACQUISITION PROCEDURES ARE FOR PROCUREMENTS UP TO

$350,000.00. ANY RESPONSE OVER $350,000.00 WILL NOT BE CONSIDERED.

THERE WILL NOT BE A FORMAL BID OPENING FOR THIS PROCUREMENT.

NOTICE TO ALL VENDORS

Please be advised that all vendors and contractors who do business with the Washington Metropolitan Area Transit Authority (WMATA) must register in the WMATA Vendor Registration System. Registration is located at https://www.wmata.com/business/procurement/index.cfm.

If you are a vendor or contractor and HAVE done business with WMATA in the past, please electronically request your company's User ID and Password at https://supplier.wmata.com/psc/supplier/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL.

Registered Vendor Benefits:

Visibility to WMATA contract administrators and/or purchasing agents during the purchasing decision period;

Visibility to other registered vendors for possible business opportunities;

Opportunity to update online, company information such as an e-mail address or contact person on-line;

Sign up for electronic payment option; and Ability to electronically reset User Id and Password.

Any questions regarding registration may be addressed to PRMT_SupplierSupport@wmata.com.

Please be aware that it is the vendor's responsibility to register and update all information in WMATA Supplier Portal.

REQUEST FOR QUOTE

Introduction The Washington Metropolitan Area Transit Authority (WMATA) Department of Facilities Maintenance (FMNT) Equipment (EQMT) requires a one-time procurement for the repair of an overhead crane hoist located at the Dulles Railyard, Building F. This effort falls under NAICS codes 811310 – Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance and 238290 – Other Building Equipment Vendors. The objective of this procurement is to restore the crane hoist (SN 16059) to full operational condition through the replacement of failed components using OEM-approved parts and qualified hoist mechanics.

Background The crane located at Dulles Railyard, Building F (SN 16059) is currently inoperable due to a failure of the hoist motor and associated electrical components. Maintenance diagnostics determined that the hoist motor winding is grounded and that multiple contactors are worn, damaged, or no longer serviceable. Further inspection confirmed that the hoist system requires replacement of critical components including the motor, encoder, brake, and reversing contactors to restore functionality. The current condition of the equipment impacts WMATA maintenance operations and necessitates immediate repair to restore safe and reliable service. These repairs are required to restore the crane fleet to full operability and repair services are anticipated to last about four (4) years.

Current Scope of Work The Vendor shall provide all labor, supervision, materials, tools, and equipment necessary to perform a one-time repair of the hoist system for crane SN 16059. WMATA will provide an articulated boom lift, lifting rack, and 35 ft telehandler. WMATA will also provide an on-site escort, who will serve as the acceptance authority. The work will take place across a maximum of three (3) days on-site with minimal disruption to WMATA operations and personnel.

The Vendor shall perform the following tasks:

• Replace the defective hoist motor

• Replace the encoder

• Replace the hoist reversing contactor and associated contactors

• Perform all required removal, installation, alignment, and system integration

• Perform and document a post-repair load test of the hoist after installation of all replacement components.

• Ensure proper operation of all replaced components

All work shall be performed on-site at WMATA Dulles Railyard, unless otherwise approved. The Vendor shall provide a minimum of two (2) qualified hoist mechanics to perform the required work.

Deliverables The Vendor shall provide the following deliverables:

1. Completed repair of the hoist system, restoring full operational capability

2. Notification to WMATA Contracting Officer’s Technical Representative (COTR) and any other relevant designated Point of Contact (PoC)upon:

- Submission of parts order

- Scheduling of repair activities

3. Completion of diagnostic testing confirming system functionality

4. Documentation in a format acceptable to the COTR of the hoist’s post-repair load test.

5. A validation/commissioning report confirming successful repair submitted to the COTR in a format deemed acceptable by the COTR.

6. A final repair report submitted within two (2) business days after completion of all repairs and testing, and prior to submission of invoice.

Performance and Acceptance Criteria The Vendor shall be responsible for ensuring all work meets WMATA requirements as outlined above, and/or described by the COTR.

Acceptance criteria include:

• Successful completion of diagnostic and functional testing

• Verification that the hoist operates safely and as intended

• Submission and approval of all required documentation

• Demonstration of proper system functionality

Acceptance will be performed by the designated WMATA on-site representative who will serve as the final authority for approval.

Warranty The Contractor shall warrant in writing all labor, materials, equipment, and replacement components furnished under this work for a period of one (1) year from the date of final acceptance by WMATA.

During the warranty period, the Contractor shall, at no additional cost to WMATA, repair or replace any defective materials, components, or workmanship that fail under normal operating conditions. This obligation shall include all labor, supervision, equipment, testing, removal, reinstallation, adjustments, transportation, and incidental expenses required to restore the hoist to proper operating condition.

The Contractor shall perform and document a post-repair load test upon completion of the work and shall warrant that the hoist operates safely and reliably under its rated load and that all replaced components function as intended. Any deficiencies identified during the warranty period that are attributable to defective materials, installation, alignment, integration, testing, or workmanship shall be corrected promptly at no cost to WMATA.

Any repaired or replaced component shall be warranted for the remainder of the original warranty period or ninety (90) days from the date of correction, whichever is longer.

Technical Specifications All replacement components shall be Original Equipment Manufacturer (OEM) parts from DEMAG. No substitutions shall be made without prior written approval from the WMATA COTR and/or other designated on-site representatives. All work shall comply with OEM specifications and applicable safety and operational standards.

Performance Schedules Vendor must provide a projected schedule for project completion within five (5) days after date of award/notice to proceed. The Vendor shall notify WMATA when parts are ordered and coordinate all work with the COTR.

Price Schedule and Invoicing Requirements The Vendor shall provide an itemized price list with a clear breakdown of all costs, including materials, labor, and any other associated expenses for services rendered. This itemized price list shall be included in all quotes and invoices submitted for payment.

Each invoice submitted by the Vendor must include a detailed breakdown of all charges, including:

• Materials used

• Labor hours worked and associated hourly rates

• Manpower deployed, specifying the type and number of personnel

• Any other relevant or applicable charges incurred during the course of work

The selected vendor is required to submit a copy of the invoice directly to WMATA’s Accounts Payable Department, COTR, and any COTR-designated on-site POC via email for approval within thirty (30) business days of receipt of the completion of all work on repairs and testing. Timely submission of the invoice is required to ensure prompt processing and approval in accordance with established procedures.

• AP Department: APInvoice@wmata.com

• COTR: Claudia Alvarez, calvarez@wmata.com, (202) 306-3888.

Invoices must provide an itemized listing of the services, start/end time, location name, and ordering official.

Location of work and any constraints The vendor shall ship replacement parts and perform all work related to the above SOW to the location below:

WMATA Dulles Railyard Metro Service and Inspection (Building F) 23099 Dulles Yard Drive, Sterling VA 20166

The on-site Point of Contact (PoC) for this work will be Juan Valderrama, jvalderrama@wmata.com

(202) 740-6426. Vendor must coordinate the starting and completion of work through this POC and the COTR.

Vendor shall comply with OSHA, WMATA, environmental, and all quality and other applicable standards while on WMATA property. Performance of work will be accomplished with minimum interference to WMATA personnel, site, and facility functions.

As necessary, the Vendor is responsible for obtaining background checks on all employees working on Metro property. Vendor personnel may be required to have a valid WMATA badge during the entirety of the service. Vendor personnel shall not use this badge as a means of transportation and the badge shall not be transferred to another employee.

PRICE SCHEDULE

Vendors shall complete the below listed price schedule, filling in the Manufacturer Part Number, Unit

Price, and Total Price columns based on the pricing offered.

Line No. Description Unit of

Measure Manufacturer

Part No. Quantity Unit Price

Total Price (Quantity * Unit Price)

1. Parts replacement of Hoist, encoder, hoist reversing contactor and hoist second speed contactor on Crane SN 16059.

LS 1 $ $

2. Labor (2 men, 3 days) HR 48 $ $ Freight $ $

Total Direct Expenses $ $ Total Quote Amount $ $

*Notes:

Pricing shall be F.O.B Destination, covering all costs including but not limited to labor, materials, markups, overhead, profit, insurance, fuel, freight, and transportation.

The Contractor shall complete entries in the columns entitled "Unit Price" and "Extended Price." The prices shown on the Price Schedule Sheet shall constitute full compensation for all costs of performance under this contract. Price evaluation will be based on the extended price.

REQUEST FOR QUOTATION

INSTRUCTIONS

1. TYPE OF AWARD: The Authority will award a purchase order (PO) resulting from this solicitation. The period of performance will last one (1) year from the date of the award or until the maximum amount allowed is met. Unless otherwise specified, all goods and materials furnished to the Authority must be new and unused. Contractors are advised that:

a. If "Services" are to be performed pursuant to this RFQ, they must be provided in all respects as specified herein and include the services to be furnished, together with any labor, material or other work necessary for satisfactory performance.

b. If "Supplies" are to be provided pursuant to this RFQ, they must be in all respects as specified herein and include the items to be furnished, together with any labor, service or other work necessary for satisfactory performance.

2. BASIS FOR AWARD:

(a) The Award(s), if made, will be made to the Contractor (i) whose quote is judged to be responsive to the terms of the solicitation and based solely upon the price as identified in the Price Schedule and (ii) who demonstrates to the satisfaction of the Authority that it is responsible for purposes of award of a Purchase Order.

(b) If, after receipt of the quotes, the Contracting Officer determines that adequate price competition does not exist, the Contractor shall provide certified cost or pricing data as requested by the Contracting Officer.

(c) Unless otherwise expressly specified in the Price Schedule the Authority may make multiple awards as a result of this solicitation.

(d) Notwithstanding the foregoing or any other provision in Terms and Conditions, the Authority reserves the right to reject all bids and cancel this RFQ at any time prior to award.

3. MINIMUM ACCEPTANCE PERIOD: The Authority requires a minimum acceptance period of ninety (90) calendar days from the due date of this RFQ.

4. DELIVERY LOCATION:

Washington Metropolitan Area Transit Authority WMATA Dulles Railyard Metro Service and Inspection (Building F) 23099 Dulles Yard Drive, Sterling VA 20166 Attention:

Juan Valderrama, jvalderrama@wmata.com (202) 740-6426

Shipment notification and tracking information must be provided to the WMATA point of contact to ensure the representative will be present to receive the item(s).

5. WARRANTY OF SUPPLIES

(a) All workmanship, parts and materials furnished for this Contract shall be unconditionally warranted against failures or defects for a period of one (1) year after the item supplied is accepted, or placed in service, by the Authority, whichever is earlier. The Contractor shall accept the Authority's records with respect to the date that the item was placed in service.

(b) In the event that any work covered by this warranty clause fails during the warranty period, the Contractor shall repair or replace it within three (3) days, without cost or expense to the Authority.

(c) Should the Contractor fail to repair or replace any part or do any work in accordance with the terms of this warranty, or if immediate replacement or work is necessary to maintain operations, the Authority may cause such replacement to be made, utilizing its own forces and/or those of third parties as the Authority deems appropriate, at the Contractor's expense.

(d) Each piece of equipment, component or part thereof that the Contractor replaces, repairs, adjusts or services under the terms of this warranty during the warranty period shall be reported to the Contracting Officer on the Authority's forms. Each report shall indicate, in detail, all repairs, adjustments and servicing to each and every component, unit or part thereof.

(e) Any warranty work shall be accomplished with minimum disruption to the Authority's operations and its maintenance and service facilities. The Authority shall at its sole discretion determine the availability of facilities for warranty work.

(f) The Authority's rights set forth in this clause shall be in addition to those set forth elsewhere in this Contract or otherwise at law or in equity.

6. WARRANTY OF SERVICES

(a) Definitions. "Acceptance," as used in this clause, means the act(s) of WMATA's authorized representative by which WMATA approves specific services, in partial or complete performance of the Contract.

(b) Notwithstanding inspection and acceptance by WMATA or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within thirty (30) days from the date of acceptance by WMATA. This notice shall state either --

(1) That the Contractor shall correct or re-perform any defective or nonconforming services; or

(2) That WMATA does not require correction or re-performance.

(c) If the Contractor is required to correct or re-perform, it shall be at no cost to WMATA, and any services corrected or re-performed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or re-perform, the Contracting Officer may, by contract or otherwise, correct or replace the services with similar services and charge the Contractor with the cost, or make an equitable adjustment to the Contract price.

(d) If WMATA does not require correction or re-performance, the Contracting Officer shall make an equitable adjustment to the Contract price.

7. WARRANTY

The Contractor warrants all services provided, components, parts and material furnished under this contract against defects or failures, for a period of at least one (1) year from the date of acceptance.

8. SUBMITTAL OF QUOTATIONS:

Vendors shall submit responses via the event on the WMATA Supplier Portal. If you are unable to submit the required information through the event as directed, contact the Contract Administrator for further instructions.

Please submit your information via the event on the WMATA Supplier Portal.

Questions concerning this Request for Quotation may be directed to:

Attn: Joan Hahn E-mail: jwhahn@wmata.com

Terms and Conditions of Purchase Orders

1. DEFINITIONS

(a) "Authority" means the Washington Metropolitan Area Transit Authority.

(b) "As indicated" means as shown in applicable drawings, as described in the specifications, as required in the Purchase Order form, or as required in documents referenced by the Authority therein.

(c) "Contracting Officer" means the person executing this purchase order on behalf of the Authority within the limits of his/her authority.

(d) "Item" means goods, supplies, materials, equipment, or services described or listed in the Request for Quotes or the Purchase Order.

(e) "Vendor" means an individual, firm, partnership, corporation, limited liability

Company, or any combination thereof, to which a purchase order is issued.

2. PREPARATION AND SUBMISSION OF QUOTES

(a) Form. Quotes solicited by the Authority must be submitted on the Request for Quote forms furnished or authorized by the Authority in order to be considered.

(b) Method. Quotes shall contain the WMATA stock number, manufacturer's name and part number, unit price, and delivery date for the items listed. The price must be a firm-fixed price for ninety (90) days. Electronic quotes shall be submitted through the specific e- commerce portal authorized by the Authority. Quotes received after the date and time indicated for receipt will not be considered. The Authority reserves the right to extend the date for receipt of quotes in the absence of competition.

3. AWARD

(a) Right to Reject. The Authority reserves the right to reject any and all quotes and to waive informalities and minor irregularities in quotes received, other provisions herein notwithstanding.

(b) Aggregate or Line Item Award. Award will be made in the aggregate or on a line item basis, wherever is more advantageous to the Authority.

(c) Execution. A Purchase Order signed by the Authority's Contracting Officer, delivered to the vendor within the time indicated in paragraph 3(c) will result in a binding agreement without further action by either party.

(d) Implementation. The Purchase Order shall be interpreted, construed, and given effect in all respects according to the laws of the District of Columbia, unless Federal law takes precedence.

(e) Severability. If any provision(s) of this RFQ shall be held to be invalid, illegal, unenforceable, or in conflict with the law of the District of Columbia , the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

4. TERMS OF PAYMENT

(a) Discounts. The vendor may offer discounts for timely payments. Such discounts will not be considered in determining the lowest quote.

(b) Thirty (30) Day Term. The quote will be automatically subject to a thirty (30) day term of payment, unless the vendor offers a discount. The Authority will not be liable for interest, however represented, on any sums claimed hereunder.

(c) Computation of Discount. Discount time will be computed from the date of delivery at the place of acceptance or from receipt of a correct invoice at the office specified by the Authority, whichever is later. Payment is made, for discount purposes, when the check is mailed, or if applicable, when funds are electronically transferred [See 5(a) below].

(d) Garnishment of Payments. Payments made under this purchase order shall be subject to any levies, garnishment and attachment orders issued pursuant to the laws of the U.S., Maryland, Virginia, and the District of Columbia.

5. METHODS OF PAYMENT

(a) Electronic Funds Transfer. Vendors are strongly encouraged to convert to electronic funds transfers by completing the Electronic Funds Transfer (EFT) Vendor Payment Enrollment Form and faxing it to (202) 962-1655, WMATA Accounting Office, ATTN:

Manager. Use of this method allows for expedited payment compared with payment by check. Payments by this method are deposited directly into the vendor's designated bank account.

(b) Check Payment. Although not the preferred method of payment, WMATA will disseminate paper checks. This method of payment is not the most expedient and may result in delays.

6. INVOICING

(a) Submission of Invoice. Payments will be made following acceptance of the services or supplies to be provided under this Contract and after receipt and acceptance of a properly completed invoice. WMATA will accept the submittal of invoices in one of the following methods:

(1) Email: Invoices may be submitted through email at: apinvoice@wmata.com.

Please submit one invoice and supporting documentation per PDF attachment.

You may submit more than one PDF attachment per email.

(2) Regular Mail: Invoices may be submitted via U.S. Postal Service to the following address:

WMATA-Accounts Payable PO Box 1910 Beltsville, MD 20704-1910

Note: This address is only for vendors' invoices. Correspondence should not be sent to this address.

A copy of the invoice shall be sent by vendor to the point of contact as designated, where applicable.

(b) Invoice Requirements. Each invoice must include the: (1) purchase order number;

(2) invoice date; (3) date of delivery or shipment of the supplies or equipment, or for services, the period of performance; (4) description of the supplies or equipment delivered, or, if applicable, the service performed; (5) quantity shipped; (6) unit and extended price, less any applicable discounts; (7) total amount invoiced; and (8) remittance address. If multiple invoices are submitted, the invoices must be numbered sequentially.

(c) Final Invoices. All final invoices shall be clearly marked "FINAL INVOICE."

(d) Authority Tax Exempt Numbers. The Authority is exempt from federal, District of

Columbia and state taxation. The Authority's tax numbers are as follows: Federal, 52-0847040; District of Columbia, 5611-0082187-001; Maryland, 30072210; and Virginia no longer issues a numbered certificate, instead, for each purchase made in Virginia, the vendor will go to https://www.wmata.com/about/media-relations/upload/va_certificates.pdf and print and complete the required Virginia certificate.

7. INDEMNIFICATION

(a) Contractor shall indemnify, defend and hold harmless the Authority, its Board members, employees and agents, from loss, including but not limited to all liabilities, obligations, damages, penalties, claims, costs, charges, demands, actions, suits, settlements, judgements and expenses (including reasonable attorney's fees), of whatsoever kind and nature for injury, including but not limited to personal injury or death of any person or persons, and for loss or damage to any property, including the property of the Contractor, the Authority, or others, occurring in connection with, or in any way arising out of the use or occupancy of the Authority's property, and/or performance of the work including any acts in connection with activities to be performed under this Contract, whether those activities are performed by Contractor or on the behalf of Contractor, unless the loss is due to the sole negligence of the Authority. Nothing in the preceding sentence shall be deemed to relieve Contractor from ultimate liability for any obligation of Contractor under this Contract.

(b) Contractor shall indemnify, defend and hold harmless the Authority, its directors, officers, employees and agents, against any and all claims, liabilities, losses, demands, damages, penalties, costs, charges, remedial costs, environmental claims, fees or other expenses including attorneys' fees, related to, arising from or attributable to any effluent or other hazardous waste, residue, contaminated soil or other similar material discharged from, removed from, or introduced on, about or under the job site; provided, however, that the foregoing indemnity does not apply to loss or damage due to preexisting conditions, whether known or unknown.

(c) If any action or proceeding relating to the indemnification required is brought against the Authority, then upon written notice from the Authority to the Contractor, the Contractor shall, at the Contractor's expense, resist or defend such action or proceeding by counsel approved by the Authority in writing, such approval not to be unreasonably withheld, but no approval of counsel shall be required where the cause of action is resisted or defended by counsel of any insurance carrier obligated to resist or defend the same. The Authority reserves the right to use its own counsel under this indemnity.

(d) Contractor understands and agrees that it is the Contractor's responsibility to provide indemnification to the Authority pursuant to this Section. The provision of insurance, while anticipated to provide a funding source for this indemnification, is in addition to any indemnification requirements and the failure of Contractor's insurance or Surety to fully fund any indemnification shall not relieve the Contractor of any obligation assumed under this indemnification.

8. MINIMUM INSURANCE REQUIREMENTS

I. MINIMUM REQUIRED INSURANCE: MINIMUM LIMITS OF INSURANCE

INSURANCE TYPE LIMITS BASIS

Workers’ Compensation Statutory Employers’ Liability $500,000 Each Accident $500,000 Disease Policy Limit $500,000 Disease Each Employee

Commercial General Liability $1,000,000 Each Occurrence Limit $2,000,000 General Aggregate Limit $2,000,000 Products-Completed Operations Limit

Business Auto Liability $1,000,000 Combined Single Limit

II. MINIMUM REQUIRED INSURANCE: MINIMUM INSURANCE COVERAGES AND

COVERAGE PROVISIONS

1) Contractor is required to maintain the insurance outlined in section during the entire period of performance under this contract. Notice to Proceed (NTP) will not be issued until all required insurance has been accepted by WMATA.

2) The prescribed insurance coverage and limits of insurance are minimum required coverages and limits. Contractor is encouraged, at its sole cost and expense, to purchase any additional insurance coverages and or limits of insurance that Contractor deems prudent and necessary to manage risk in the completion of this contract.

3) Upon written request from WMATA, contractor shall provide copies of any requested insurance policies, including applicable endorsements, within five (5) business days of such request.

4) Receipt, review or communications regarding certificates of insurance (COI), insurance policies, endorsements, or other materials utilized to document compliance with these Minimum Insurance Requirements does not constitute acceptance by WMATA.

5) Insurance companies must be acceptable to WMATA and must have an A. M. Best rating of at least A- VII.

6) Unless otherwise noted, “Claims-Made” insurance policies are not acceptable.

7) Any insurance policy utilizing a Self-Insured Retention (SIR) requires written approval from

WMATA.

8) Contractor must incorporate these Minimum Insurance Requirements into contract requirements of all subcontractors of every tier; however, Contractor, at its sole peril, may amend these Minimum Insurance Requirements for its subcontractors, but doing so does not relieve Contractor from its respective liability to WMATA.

9) Compliance with these Minimum Insurance Requirements does not relieve Contractor from Contractor’s respective liability to WMATA, even if that liability exceeds the Minimum Insurance Requirements.

III. COVERAGE-SPECIFIC REQUIREMENTS

Commercial General Liability

1) Commercial General Liability (CGL) shall be written on ISO Occurrence Form CG0001

(12/04) or its equivalent. Equivalency determination shall be made in WMATA’s sole and unreviewable discretion.

2) Required minimum limits of coverage may be achieved through a combination of the aforementioned CGL coverage form and an Umbrella/Excess Liability coverage form(s), provided that the Umbrella/Excess Liability coverage form(s) provides the same or broader coverage than the prescribed CGL coverage form.

3) Policy shall be endorsed with Additional Insured Endorsement(s) in compliance with the “Additional Insured” Section below.

4) Policy shall be endorsed with a Waiver of Subrogation Endorsement(s) in compliance with the Waiver of Subrogation” section below.

5) Defense Costs (Allocated Loss Adjustment Expense) must be included and outside of the policy limits for all primary liability and Umbrella/Excess Liability policies.

Business Auto Liability

1) Business Auto Liability insurance shall be written on ISO Business Auto Coverage Form

CA 00 01 03 06, or its equivalent. Equivalency determination shall be made in WMATA’s sole and unreviewable discretion.

2) Policy shall be endorsed with Additional Insured Endorsement(s) in compliance with the “Additional Insured” Section below.

3) Policy shall be endorsed with a Waiver of Subrogation Endorsement(s) in compliance with the Waiver of Subrogation” section below.

4) Business Auto Liability minimum Combined Single Limit requirements may be obtained through the combination of a primary business auto liability policy and an Umbrella/Excess Liability policy provided that the Umbrella/Excess Liability policy complies with items 2 and 3 above.

IV. OTHER

Additional Insured

1) Contractor and subcontractors of every tier are required to add WMATA and WMATA

Board of Directors as additional insured on all required insurance including excess liability policies, with the exception of Workers’ Compensation and Professional Liability.

2) Coverage provided to Additional Insured shall be primary and non-contributory to any other insurance available to the Additional Insured, including coverage afforded to the WMATA as an additional insured by subcontractors, and from other third parties.

3) Coverage provided to any Additional Insured shall be for claims arising out of both ongoing operations and products and completed operations hazard.

4) Coverage available to any Additional Insured under the products and completed operations hazard can only be limited to the applicable statute of repose in the jurisdiction(s) where the contract scope of work takes place.

5) Commercial General Liability and Umbrella/Excess Liability forms must provide defense coverage for additional insureds. The Additional Insured Endorsement shall provide coverage for Ongoing as well as Products and Completed Operations with no limitation on when claims can be made.

Waiver of Subrogation Contractor and subcontractors of every tier are required to have all insurance policies except Professional Liability endorsed to waive the respective insurance company’s rights of recovery against WMATA, and the WMATA Board of Directors.

1) Waiver shall be provided on an endorsement that is acceptable to WMATA.

Certificate of Insurance (COI) Contractor shall provide WMATA an ACORD Certificate of Insurance (COI) and copies of all required endorsements as evidence that the insurance requirements of this Section have been satisfied. Certificates of Insurance shall be sent to WMATA.

The Certificate Holder box should read:

Washington Metropolitan Area Transit Authority

P.O. Box 23298 Washington, DC 20026-3298

Additionally:

1) Proposed material modifications to required insurance, including notice of cancellation, must be received by WMATA in writing at least 30 days prior to the effective date of such change or cancellation.

2) WMATA’s receipt of copies of any COI, policy endorsements or policies does not relieve Contractor of the obligation to remain in compliance with the requirements of this Section at all times. Contractor’s failure to comply with these insurance requirements shall constitute a material breach of this Contract.

3) Receipt of the COI does not constitute acceptance of the insurance outlined above.

9. PRICE, SHIPMENT, AND DELIVERY

(a) Price. Prices shown on the Purchase Order may not be exceeded without the Contracting Officer's written authorization prior to shipment or delivery of performance. If a higher price is authorized, a change order will be generated to reflect the higher price.

(b) Time of Delivery. The time and date of deliveries for the Purchase Order are " of the essence." The vendor's failure to deliver at the time and date specified shall be the basis for rejection, cancellation, or default termination by the Authority. The place of delivery shall be that set forth in the Purchase Order under "Ship to."

Delivery shall be made during normal working hours only, unless otherwise agreed.

(c) Cancellation. The Authority shall have the right to cancel this Purchase Order, if not filled by the required delivery date specified in the Purchase Order or in accordance with the terms specified. The Authority reserves the right to return deliveries received after notification of cancellation at the vendor's expense.

(d) Packaging of Goods. No charges are allowed for boxing and packing, unless otherwise agreed. The vendor shall package goods in accordance with commercial practice and shall secure the lowest appropriate transportation costs, unless otherwise agreed. Each shipping container shall be clearly and permanently marked with the following: (1) vendor's name and address; (2) Authority's full name and the address of the place of delivery; (3) Purchase Order number; (4) name of the Contracting Officer or his or her designated representative; (5) container number and total number of containers, for example "Box 1 of 4 boxes," and (6) container bearing the shipping/packing list. The Authority's count or weight shall be conclusive on shipments not accompanied by a shipping/packing list.

(e) Transportation Charges. Transportation terms are F.O.B. Destination, unless otherwise specified. If the quoted delivery terms include transportation costs, unless otherwise agreed. If transportation costs are based on actual costs, a copy of the freight bill showing actual costs for the shipment must be attached to the invoice.

The Authority has the right to designate the method of transportation to be used to ship the goods.

(f) Substitution. No substitutions are permitted without the Contracting Officer's written approval.

(g) New and Unused. All goods shall be new and unused, unless otherwise specified.

(h) Compliance Laws and Regulations. All goods and services ordered shall comply with all Federal, state, and local laws and regulations.

10. REQUIREMENTS CONTRACT (N/A)

This is a requirements Contract. A requirements Contract provides the Contractor with both the legal right and the legal duty to supply goods and/or services in an amount that is determined by WMATA's needs, rather than by a fixed quantity. Offerors are advised that the quantities of supplies and/or services specified in the Price Schedule are estimates only, included for purposes of price evaluation and in order to provide information to assist offerors in formulating their proposals. While they represent the Authority's best such estimate as of the time of the solicitation, they do not constitute a commitment on the part of the Authority to procure supplies or services at the estimated level.

In the event that the Contractor is unable or otherwise fails to provide goods or services within the time frames required in this Contract, the Authority reserves the right to procure them from any other source and in any other manner it deems appropriate.

Nothing contained herein shall be deemed to waive, modify or impair the Authority's right to treat such failure as a material breach of the Contractor's obligations pursuant to the "Default" article under this Contract, or to pursue any other remedy to which the Authority may be entitled pursuant to this Contract, at law or in equity.

11. INDEFINITE DELIVERY, INDEFINITE QUANTITY CONTRACT (N/A)

(a) This is an indefinite delivery, indefinite quantity (IDIQ) Contract for the supplies or services specified, and effective for the period of performance stated in the Price Schedule. The quantities of supplies and/or services specified in the Price Schedule are estimates only and are not purchased by this Contract.

(b) Delivery or performance shall be made only as the Contracting Officer authorizes through orders made in accordance with the "Ordering" and "Order Limitations" articles. The Contractor shall furnish to the Authority, when and if ordered, the supplies and/or services specified in the Price Schedule up to and including the quantity designated in the Price Schedule as the "maximum." The Authority shall order at least the quantity of supplies and/or services designated in the Price Schedule as the "minimum."

(d) There is no limit on the number of orders that may be issued other than any limitations imposed by the "Order Limitations" clause. The Authority may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(e) Any order issued during the effective period of this Contract and not completed within that period shall be completed by the Contractor within the time specified in the order. This Contract and WMATA's Procurement Procedures Manual (PPM) shall govern the parties' rights and obligations regarding that order to the same extent that they would have governed the order had it been completed during the Contract's effective period. The Contractor will not be required to make any deliveries under this Contract after _________.

12. ORDERING (N/A)

(a) The Contracting Officer shall order any supplies and/or services to be furnished under this Contract by the issuance of delivery orders or task orders. Such orders may be issues throughout the Period of Performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this

Contract. In the event of a conflict between a delivery order or task order and this Contract, this Contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Authority places the order in the mail. Orders may be issued electronically, if authorized by the Price Schedule.

13. ORDER LIMITATIONS (N/A)

(a) The minimum dollar amount which will be required under this RFQ/IDIQ contract, and which will be initiated by one or more Orders, is $___________ over the life of the Contract.

(b) The maximum dollar amount which will be required under this RFQ/IDIQ contract, and which will be initiated by one or more orders, is $___________ over the life of the Contract.

14. ORDER OF PRECEDENCE

Any inconsistency in the Contract shall be resolved by giving precedence in the following order: (a) Terms and conditions in this RFQ; (b) The standard PO terms and conditions listed on www.wmata.com (c) The specifications or scope of work; (d) drawings, if any; (d) Other documents, exhibits, and attachments generated by the submissions of the Contractor generated as part of the Contract. In the event of a conflict in the terms and conditions in the RFQ and on the website, the RFQ controls.

Notwithstanding paragraph (a), in the event that this Contract is funded in whole or part by the Federal Government, all Contract terms mandated for inclusion by the Federal Government shall be deemed to supersede any other conflicting or inconsistent provision of this Contract.

15. INAPPLICABILITY OF CLAUSES REQUIRING UNAUTHORIZED OBLIGATIONS

(a) Except where the Chief Procurement Officer specifically agrees in writing, when any supply or service acquired under this Contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), Master Agreement, Terms and Conditions or similar legal instrument or agreement, that includes any clause requiring WMATA to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability or that would create an unauthorized obligation, the following shall govern:

(1) Any such clause is unenforceable against WMATA.

(2) Neither WMATA nor any authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind WMATA or any WMATA authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) When any supply or service acquired under this Contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, any clause requiring WMATA to pay pre-judgment interest, taxes to which it is exempt, or automatic fines is void and without effect.

16. BACKGROUND CHECK REQUIREMENT

(a) As a prerequisite to eligibility for a WMATA-issued identification and access badge ("One Badge"), access to WMATA's customers, property, or confidential information, and in consideration for this Contract, the Contractor shall have the sole responsibility for, and shall assure, adequate criminal background screenings on a routine basis of all of its personnel who are or will be working on WMATA's premises (whether they receive a One Badge or not) or otherwise have access to WMATA's customers, property, or confidential information.

(b) Contractor shall implement, not later than notice to proceed, a criminal background check screening of the Contractor's personnel that shall take into consideration (1) the nature of the services or work being performed under the contract with particular regard for the individual's access to, and interaction with, WMATA's customers, property, and confidential information; (2) the nature or gravity of the offense or conduct resulting in a criminal conviction; and (3) the time that has lapsed since the conviction and/or completion of the sentence.

(c) The Contractor shall contract with, or otherwise engage, an accredited third-party vendor to conduct the required criminal background screenings, and shall provide the vendor with a copy of its criminal background check screening policies and procedures.

(d) The Contractor shall not place any person on or engage any person under this Contract, unless that person passes the Contractor's criminal background screening. At the end of each calendar quarter, the Contractor shall certify to the Contracting Officer's Technical Representative on a form provided, its compliance with this criminal background screening requirement and confirm that all persons required to be screened passed the contractor's criminal background screening before working on this Contract. For the sole purpose of monitoring the Contractor's compliance, WMATA reserves the right to request additional documents or perform its own criminal background screening of Contractor's personnel. The Contracting Officer will inform the Contractor, in writing, of any proposed action within a reasonable time before such action is taken.

(e) The Contractor shall indemnify and hold WMATA harmless from any and all claims, demands, damages, costs and expenses, including attorneys' fees and other costs and expenses associated with any claims, demands, requests for relief, and/or other liabilities arising out of or resulting from the contractor's criminal background screening obligations and processes.

(f) The Contractor will include this requirement in all subcontracts under this Contract, and receive certifications from their subcontractors to ensure that its subcontractors' personnel who are or will be working on WMATA's premises (whether they receive a One Badge or not) or otherwise have access to WMATA's customers, property, or confidential information undergo the required criminal background checks.

THE REMAINING TERMS AND CONDITIONS CAN BE FOUND ON

https://www.wmata.com/business/procurement . NO OTHER TERMS AND CONDITIONS WILL

SUPERSEDE THESE TERMS AND CONDITIONS AND THE ONES FOUND ON

https://www.wmata.com/business/procurement.

REPRESENTATIONS AND CERTIFICATIONS

1) TYPE OF BUSINESS ORGANIZATION

By submission of this quote, Offeror represents that it operates as [ ] an individual, [ ] a partnership, [ ] a limited liability company, [ ] a joint venture, [ ] a nonprofit organization, or [ ] a corporation, incorporated or organized under the laws of _________________.

Name

Signature

Title

Company

Date

2) AFFILIATION AND IDENTIFYING DATA

Each Offeror shall complete a, b if applicable, and c below, representing that:

a) It [ ] is, [ ] is not, owned or controlled by a parent company. For this purpose, a parent company is defined as one that either owns or controls the activities and basic business policies of Offeror.

To own another company means that the parent company must own at least a majority, i.e., more than fifty percent (50%), of the voting rights in that company. To control another company, such ownership is not required. If another company is able to formulate, determine or veto Offeror basic business policy decisions, such other company is considered the parent of Offeror. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, Contractual arrangements or otherwise.

b) If Offeror is owned or controlled by a parent company, it shall insert in the space below the name and main office address of the parent company:

Name of Parent Company

Main Office Address (including ZIP Code)

c) If Offeror has no parent company, it shall provide in the applicable space below its own employer's identification number (E.I.N.), (i.e., number used on Federal tax returns or, if it has a parent company, the E.I. N. of its parent company). Offeror E.I. N.: ____________ or, Parent Company's E.I. N.: ______

3) COVENANT AGAINST GRATUITIES

By submission of this quote, Offeror certifies, and in the case of a joint quote, each party thereto certifies as to its own organization, that in connection with this procurement: 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 Board member, employee or agent of WMATA with the view toward securing favorable treatment in the awarding or administration of this Contract.

4) CONTINGENT FEES

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

a) It [ ] has, [ ] has not, employed or retained any company or persons (other than a full-time, bona fide employee working solely for Offeror) to solicit or secure this Contract, and

b) It [ ] has, [ ] has not, paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for Offeror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this Contract.

5) CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

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

i) The prices in this quote have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or with any other competitor;

ii) Unless otherwise required by law, the prices that are quoted in this quote have not been knowingly disclosed by Offeror and will not be knowingly disclosed by Offeror prior to award

(in the case of a negotiated procurement), directly or indirectly, to any other Offeror or to any competitor; and

iii) No attempt has been made or will be made by Offeror to induce any other person or firm to submit or not to submit QUOTE quote for the purpose of restricting competition.

b) Each person signing this quote certifies that:

i) He or she is the person in Offeror organization responsible for the decision regarding the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to those stated above; or

ii) He or she is not the person in Offeror organization responsible for the decision regarding the prices being offered herein, but that he/she has been authorized in writing to act as 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 those stated above, or as their agent he or she does hereby certify.

6) NONDISCRIMINATION ASSURANCE

a) By submission of this quote, Offeror certifies, and in the case of a joint quote, each party thereto certifies as to its own organization, in connection with this procurement, that it will not discriminate on the basis of race, color, creed, religion, national origin, sex, age, disability, sexual preference and/or gender identity in the performance of this Contract. Offeror is required to insert the substance of this clause in all subcontracts and purchase orders. The Contractor's failure to carry out these requirements is a material breach of this Contract that may result in the termination of this Contract or such other remedy as WMATA deems appropriate. Offeror further agrees by submitting this quote that it will include this certification, without modification, in all subcontracts and purchase orders.

7) DISCLOSURES OF INTERESTS OF WMATA…