1 IFB No. 027-002 IFB Title: Woodbridge Station East Elevator

Modernization

Virginia Railway Express

VIRGINIA RAILWAY EXPRESS

INVITATION FOR BIDS

(IFB) No. 027-002

WOODBRIDGE STATION EAST ELEVATOR

MODERNIZATION

IFB Issued: September 15, 2026

Contact: Amanda Vitko, Contracts Administrator

Virginia Railway Express, 1500 King Street, Suite 202, Alexandria, VA 22314

Main Office: (703) 684-1001 Direct/Fax: (703) 838-5414 Email: avitko@vre.org

Contact: Kristin Nutter, Director of Purchasing and Contract Administration

Virginia Railway Express, 1500 King Street, Suite 202, Alexandria, VA 22314

Main Office: (703) 684-1001 Direct/Fax: (703) 838-5441 Email: knutter@vre.org mailto:avitko@vre.org mailto:knutter@vre.org

2 IFB No. 027-002

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Virginia Railway Express

TABLE OF CONTENTS

I. INTRODUCTION TO IFB

II. PROCUREMENT SCHEDULE

III. INSTRUCTIONS TO BIDDERS

IV. SPECIAL PROVISIONS

V. GENERAL PROVISIONS

VI. GENERAL CONDITIONS FOR CONSTRUCTION

VII. INSURANCE REQUIREMENTS

VIII. SMALL BUSINESS AND VETERAN BUSINESS CONCERNS

IX. ATTACHMENTS

Attachment A – Technical Specifications

Attachment B – Representations, Certifications and Other Statements of

Bidders/Offerors

Attachment C – Federal Transit Administration (FTA) Third Party Contract

Provisions

Attachment D – Davis-Bacon Wage Determination (Building)

Attachment E – Bid Form Certification

Attachment E1 – Bid Form

Attachment F – Site Specific Safety Plan

Attachment G – VRE Safety and Security Guidelines

3 IFB No. 027-002

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Virginia Railway Express

I. INTRODUCTION TO IFB

01. PURPOSE

The purpose of this Invitation for Bids (IFB) is to establish a Contract with one

(1) qualified and experienced Contractor to modernize the east elevator, which is situated within the parking garage, serving five (5) floors, at the VRE

Woodbridge Station, located at 1040 Express Way, Woodbridge, Virginia 22191.

02. VRE BACKGROUND

A. The Virginia Railway Express (VRE) is a commuter rail service linking the

District of Columbia and Northern Virginia. The Northern Virginia

Transportation Commission (NVTC) and the Potomac and Rappahannock

Transportation Commission (PRTC) are transportation districts established under

Virginia law and jointly own this service. An Operations Board consisting of members from each of the jurisdictions within the VRE service area governs the development and operation of VRE and serves as an advisory board to the NVTC and PRTC governing boards. Use of the term VRE in this IFB refers to NVTC and PRTC.

B. VRE began operations in 1992 on two (2) lines, Fredericksburg and Manassas. In

June 2025, VRE’s Operations Board adopted System Plan 2050 providing both a long-range vision for 2050 service as well as a near-term implementable 2030 service plan, based largely on the expected infrastructure and rolling stock constraints in the 2030 decade, but also on the opportunities to increase service as a result of programmed VRE and Transforming Rail in Virginia (TRV) infrastructure projects expected to be complete by that time.

C. The primary mission of VRE is to provide commuter-oriented passenger rail service between the outlying suburbs and the Washington-Arlington-Alexandria urban core. Some tourists and “day-trippers” also ride the trains. The service is heavily oriented towards that core area in the morning peak and in the opposite direction in the evening peak.

03. FUNDING

This project is funded in whole or part by Federal and State grants and is subject to certain provisions required by the respective Federal and State agencies. The

Contractor shall not perform any act, fail to perform any act, or refuse to comply with any VRE requests which would cause VRE to be in violation of Federal and

State agency terms and conditions.

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II. PROCUREMENT SCHEDULE

IFB Issued September 15, 2026

Confirm Attendance at the September 24, 2026 at 1:00 P.M. Eastern Time (ET)

Pre-Bid Meeting and Site Visit

Pre-Bid Meeting and Site Visit September 30, 2026 at 10:00 A.M. ET

Submission of Written Questions October 8, 2026 at 4:00 P.M. ET

Bids Due (Closing Date and Time) October 22, 2026 at 2:00 P.M. ET

Bid Opening October 22, 2026 at 2:00 P.M. E T

Virginia Railway Express (VRE) reserves the right to make changes to the above-referenced schedule. All such changes shall be made by an addendum to the solicitation. Bidders must frequently monitor VRE’s website at www.vre.org for information concerning this solicitation, including any addenda or notices.

http://www.vre.org/

IFB No. 027-002

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Virginia Railway Express

III. INSTRUCTIONS TO BIDDERS

I. INTRODUCTION

01. OBLIGATION OF BIDDER

A. Before submitting a Bid, the Bidder shall be responsible for reading and examining the solicitation documents including these Instructions to Bidders.

Submission of a Bid shall be deemed verification of such reading and examination by the Bidder.

B. By submitting a Bid, the Bidder agrees that it has satisfied itself from a personal investigation of the conditions to be met, that the obligations herein are fully understood, and no claim may be made nor will there be any right to cancellation or relief from the Contract because of any misunderstanding or lack of knowledge or information.

02. BID AND CONTRACT REQUIREMENTS

A. Federal and State funds will be used for the subsequent Contract. Federal and

State requirements are subject to change. The Bidder is responsible for complying with the most current regulations. The Bidder agrees that the most recent of such

Federal requirements will govern the administration of the Contract at any particular time during the Contract’s performance, unless VRE issues a written determination otherwise.

B. Additionally, VRE follows the Commonwealth of Virginia procurement laws.

Accordingly, all applicable State requirements will apply. Bidders are expected to become familiar with these requirements and shall not submit Bids if unable to execute a Contract containing such provisions.

C. VRE will provide a Contract containing these provisions for execution by the prospective Contractor that is selected. Bidders shall not use their own standard contracts for this engagement.

II. NOTICE TO BIDDERS

03. WRITTEN COMMUNICATIONS

A. All communications relating to this solicitation shall be submitted via email to the

Contract Administrator and the Director of Purchasing and Contract

Administration, whose names and contact information appear on the face of this solicitation. Prior to award of a Contract resulting from this solicitation, Bidders are prohibited from contacting any VRE staff other than those assigned to the

Purchasing and Contract Administration Department.

B. VRE will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution

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Virginia Railway Express of the Contract, unless included in this IFB, the specifications, or related documents or addenda thereto.

C. Oral explanations or instructions given before the award of the Contract will not be binding.

04. COMPETITION INTENDED

It is VRE’s intent that this solicitation promotes competition. It shall be the

Bidder's responsibility to advise VRE if any language, requirements or specifications, included in this IFB, restrict or limit the purchase to a single source. Such notification must be received by the VRE Director of Purchasing and Contract Administration, in writing, not later than fifteen (15) consecutive calendar days prior to the date and time set for bid opening. A review of such notifications will be made, and the Bidder notified of the results of the review.

05. CLARIFICATION OF TERMS

If a Bidder has questions about the specifications or other solicitation documents, the Bidder should contact the Contract Administrator and Director of Purchasing and Contract Administration, whose names and contact information appear on the face of the solicitation. Any revisions to the solicitation will be made only by addendum issued by VRE.

06. AVAILABILITY OF SOLICITATION DOCUMENTS

A. The electronic versions of the solicitation documents are intended to provide convenience to prospective Bidders. Be advised that it is the responsibility of prospective Bidders to monitor VRE’s website for any addenda, notices or postings. Failure to submit signed addenda may be grounds to declare a Bid non-responsive.

B. In order to be included on the Plan Holders List, prospective Bidders downloading the IFB from VRE’s website, www.vre.org, must contact the

Contract Administrator and Director of Purchasing and Contract Administration, whose names and contact information appear on the face of this solicitation. The

Plan Holders List will be available on VRE’s website.

07. PRE-BID MEETING

A. A non-mandatory pre-bid meeting to discuss the requirements of this solicitation will be held for all prospective Bidders at the VRE Woodbridge Station located at

1040 Express Way, Woodbridge, VA 22191. The date and time for the meeting is specified in PART II - PROCUREMENT SCHEDULE of this IFB.

B. Attendance at the pre-bid meeting is limited to no more than two (2) representatives of each company.

08. SITE VISIT

A. On the date and time specified in PART II - PROCUREMENT SCHEDULE of this IFB, a non-mandatory site visit will be held at:

VRE Woodbridge Station

1040 Express Way

Woodbridge, VA 22191

B. The VRE Woodbridge Station is publicly accessible. However, the elevator room, which is located within the parking garage, is not open to the public. Bidders are encouraged to attend the site visit in preparation for submitting their Bids. VRE is not obligated to provide, and will not provide, any additional opportunities for site visits to Bidders A Bidder’s failure to inspect the site shall not excuse non-performance arising out of or based on site conditions.

C. Attendance at the site visit is limited to no more than two (2) representatives of each company. A sign-in sheet will be provided to document the representatives in attendance at the site visit.

D. Bidders are cautioned that any information that may be provided during the site visit, which conflicts with, supersedes, or adds to the requirements in this

Invitation for Bids, must be confirmed by written addendum before such information can be considered to be part of this solicitation.

E. Transportation to the site shall be the responsibility of the prospective Bidders.

F. PARKING– Prospective Bidders may park in the parking garage or surface lot adjacent to the garage at the Woodbridge Station.

G. Bidders are responsible for the payment of any parking charges or fines from illegal parking.

H. Any questions Bidders have during the site visit regarding this solicitation, including but not limited to, the solicitation process, requirements, scope of work, etc., must be submitted in writing per the instructions in Provision No. 11 below.

09. CONFIRM ATTENDANCE AT THE PRE-BID MEETING & SITE VISIT

Bidders must confirm their attendance for the pre-bid meeting and site visit by registering with the Contract Administrator, whose name and contact information appear on the face of this solicitation, prior to the date and time specified in

PART II - PROCUREMENT SCHEDULE of this IFB.

10. SAFETY GUIDELINES FOR SITE VISIT

A. Safety and security are two (2) critical areas that contribute to VRE’s success.

Therefore, VRE’s policy is to comply fully with all applicable laws and regulations concerning project activities on Host Railroad and VRE property.

B. VRE personnel will conduct a safety briefing prior to entry at the site. Bidders are directed to meet on the platform at the VRE Woodbridge Station.

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Virginia Railway Express

C. At the site, Bidders shall adhere to the following guidelines which serve as a standard of conduct to ensure safety while on Host Railroad and VRE property:

1. Provide required identification, sign in, and be present for the safety briefing.

2. Wear Personal Protective Equipment (PPE), including appropriate eye protection, safety shoes, reflective wear, and protective attire. Bidders and their personnel wearing inappropriate shoes and/or without the stated PPE will not be permitted on site. For specific PPE requirements, see the Rules to Live

By available at https://www.vre.org/about/safety-and-security/contractors/.

3. The pre-bid meeting and site visit will be in the vicinity of active railroad operations. At no time shall the Bidders be permitted to access the railroad tracks or any railroad property that is directly adjacent.

11. SUBMISSION OF WRITTEN QUESTIONS

A. Deadline: All questions and requests for clarification regarding the meaning or interpretation of this IFB and other solicitation documents, or any ambiguities, discrepancies, inconsistencies, or conflicts in or between any of the technical, pricing, or contractual provisions, must be submitted no later than the date and time specified in PART II – PROCUREMENT SCHEDULE of this IFB.

Questions and clarifications requested after such time will not be answered unless

VRE elects, in its sole discretion, to do so.

B. Format for Questions: Questions must be submitted in Microsoft Word format and include the related section number and title, or plan sheet number and noted reference section and number, as appropriate.

C. VRE Point of Contact: Questions must be submitted to the VRE Contract

Administrator and Director of Purchasing and Contract Administration in writing via electronic mail as appears on the face of this solicitation. For a question to be considered, the subject line of the email must state the following: IFB No. 027-

002 Questions. Questions should be succinct and must include the submitter’s name, title, company name, company address and telephone number. No questions or requests for additional information, clarification or any other communication should be directed to any other individual.

D. No oral communication will be accepted. VRE will not be bound by any oral communications, or written interpretations or clarifications that are not set forth in an addendum.

E. Questions and responses will be posted on VRE’s website at www.vre.org.

F. Any interpretation of a question made by VRE will be responded to and distributed in the form of an addendum to the IFB and will be available to all interested Bidders through VRE’s website.

https://www.vre.org/about/safety-and-security/contractors/

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III. GENERAL INFORMATION

12. DEBARMENT STATUS

A. By submitting a Bid and completing the representations and certifications, the

Bidder certifies that it is not currently debarred, suspended, declared ineligible or voluntarily excluded from submitting Bids on contracts by any agency of the

Commonwealth of Virginia or the U.S. Federal Government, nor are they an agent of any person or entity that is currently debarred from submitting Bids on contracts by an agency of the Commonwealth of Virginia or the U.S. Federal

Government. Contractors debarred by the Commonwealth Transportation Board and/or the U.S. Federal Government shall be ineligible to submit a Bid to VRE.

B. By submitting a Bid, the Contractor further certifies that it is not debarred, suspended, declared ineligible, or voluntarily excluded from participating in contracts with the Commonwealth of Virginia or the U.S. Federal Government, and that it will refrain from awarding any subcontract to a debarred or suspended

Subcontractor.

C. In addition, Bidders agree to comply with the requirements of Executive Orders

Nos. 12549 and 12689, "Debarment and Suspension," 31 USC Section §6101 note; and U.S. DOT regulations, “Government Debarment and Suspension (Non-procurement),” within 49 CFR Part 29.

13. CONFLICT OF INTEREST STATEMENT

A. A conflict situation can arise when a Bidder takes action or has interests that interfere with the Bidder’s ability to perform its work objectively and effectively.

The Director of Purchasing and Contract Administration may preclude those entities from receiving an award for any such work reasonably deemed to pose a conflict of interest with the work provided hereunder.

B. Prior to submitting a Bid in response to this solicitation, each Bidder shall conduct an internal review of its current affiliations, its joint venture partners, as well as any subsidiaries of a joint venture partner, to include any companies sharing common ownership with a joint venture partner, to identify potential conflicts of interest relative to the anticipated Contract. The Bidder shall also require its team members (proposed Subcontractors) to identify potential conflicts of interest they may have in regard to this procurement.

C. If a potential conflict of interest or competitive advantage is identified, the organization shall submit in writing the pertinent information to the VRE Director of Purchasing and Contract Administration, whose name and contact information appear on the face of this solicitation, so that a determination can be made as to the extent of the conflict or competitive advantage. The statement shall have the signature of a principal of the organization.

D. VRE in its sole discretion, will make a formal written determination relative to each potential organizational conflict of interest, and its ability to mitigate such a

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Virginia Railway Express conflict. If VRE determines that a conflict of interest cannot be mitigated, the organization determined to have the conflict of interest shall not be allowed to participate in response to the solicitation. Failure to abide by VRE’s determination in this matter may result in a Bid being declared non-responsive.

E. The Bidder, any of its joint venture partners, any subsidiaries of a joint venture partner, any companies sharing common ownership with a joint venture partner, or any of its Subcontractors will be precluded from providing other services to

VRE (i.e., planning, design, construction or construction management services) which conflict with its services under this Contract.

14. VIRGINIA CONTRACTOR’S LICENSES

A. For all work that is classified as being performed by "Contractors" as defined by the Virginia State Board for Contractors, a Class A, B, or C License is required.

The Contractor shall provide evidence of the appropriate license issued by the

Commonwealth of Virginia to perform work on this Contract.

1. Class A

If a contract for performing or managing construction, removal, repair or improvements is more than $120,000, or if the total value of all such construction, removal, repair, or improvements undertaken by the

Bidder within any twelve (12) month period is more than $750,000, the Bidder is required under Title 54.1, Chapter 11, Code of Virginia, as amended, to be licensed as a "CLASS A CONTRACTOR."

2. Class B

If a contract for performing or managing construction, removal, repair or improvements is more than $10,000, but less than $120,000, or if the total value of all such construction, removal, repair, or improvements undertaken by the Bidder within any twelve (12) month period is more than $150,000, but less than $750,000, the Bidder is required under Title 54.1, Chapter 11, Code of Virginia, as amended, to be licensed as a "CLASS B CONTRACTOR."

3. Class C

If a contract for performing construction, removal, repair or improvements is more than $1,000 but no more than $10,000 or if the total value of all such construction, removal, repair, or improvements undertaken by the Bidder within any twelve (12) month period is less than $150,000, the Bidder is required under Title 54.1, Chapter 11, Code of Virginia, as amended, to be licensed as a "CLASS C

CONTRACTOR." Class C contractors shall not include electrical, plumbing, and heating, ventilation and air conditioning contractors.

For further information, contact the State Board for Contractors through their website at www.dpor.virginia.gov/Boards/Contractors or at (804) 367-8511.

http://www.dpor.virginia.gov/Boards/Contractors

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Virginia Railway Express

B. During the term of the Contract, the Contractor shall maintain the required valid licenses to transact business in the Commonwealth of Virginia. Each

Subcontractor shall also have the required State and Local licenses.

C. The Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia to be revoked or cancelled at any time during the term of the Contract.

D. If the Contractor fails to remain in compliance with the provisions of this Section, the Contract shall become void.

15. AUTHORITY TO TRANSACT BUSINESS

A. Any Bidder organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered limited liability partnership must be authorized to transact business in the Commonwealth of

Virginia as a domestic or foreign business entity, if so required by Title 13.1 or

Title 50 of the Code of Virginia, or as otherwise required by law. The proper and full legal name of the entity and the identification number issued to the Bidder by the Virginia State Corporation Commission must be provided as required by the

Representations, Certifications and Other Statements of Bidders/Offerors

Attachment included in this solicitation.

B. Any Bidder that is not required to be authorized to transact business in the

Commonwealth must include in its Bid a statement describing why the Bidder is not required to be so authorized. VRE may require a Bidder to provide documentation that 1) clearly identifies the complete name and legal form of the entity and 2) establishes that the entity is authorized by the State Corporation

Commission to transact business in the Commonwealth of Virginia. Failure of a

Bidder to provide such documentation will be grounds for rejection of the Bid or cancellation of any award. For further information, refer to the Commonwealth of

Virginia State Corporation Commission website at www.scc.virginia.gov.

16. INTEREST IN MORE THAN ONE BID AND COLLUSION

Multiple Bids received in response to this solicitation from an individual, firm, partnership, corporation, affiliate or association under the same or different names will be rejected. Reasonable grounds for believing that a Bidder is interested in more than one Bid for a solicitation, including both as a Bidder and as a

Subcontractor for another Bidder, or that collusion exists between two or more

Bidders, will result in rejection of all affected Bidders. However, an individual or entity acting only as a Subcontractor may be included as a Subcontractor on two or more different Bidders’ Bids. Any and all Bids may be rejected if reasonable grounds exist for believing that collusion exist among Bidders. Bidders rejected under this provision will also be disqualified if they respond to a re-solicitation for the same work.

17. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

A. The Bidder is expected to examine carefully the site of the proposed work, plans

(if any), specifications, general provisions, general conditions for construction, http://www.scc.virginia.gov/

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Virginia Railway Express special provisions (if applicable) and contract forms before submitting a Bid. The submission of a Bid will be considered conclusive evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work as to the requirements of the Contract.

B. The Bidder agrees to the fullest practical extent it has satisfied itself by its own investigation and research regarding all conditions affecting the work to be performed, the labor and materials needed, and its decision to execute this

Contract is based on such investigation and research in addition to the estimate of the quantities or other information presented herein. In no event shall failure to inspect the site constitute grounds for a claim after Contract award.

C. VRE assumes no responsibility for any conclusions or interpretations made by the

Bidder based on the information made available by VRE. VRE assumes no responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of the Contract, unless that understanding or representation is expressly stated in the Contract.

D. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful Bidder from its obligation to comply in every detail with all provisions and requirements of the Contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Bidder.

IV. BID OPENING AND CONSIDERATION OF BIDS

18. BID DUE (CLOSING DATE)

Bids must be received by VRE by 2:00 P.M. ET on the date specified in PART

II – PROCUREMENT SCHEDULE of this IFB.

19. BID OPENING

Bids will be publicly opened and read in the VRE conference room, at 1500 King

Street, Suite 202, Alexandria, Virginia 22314 at 2:00 P.M. ET on the date specified in PART II – PROCUREMENT SCHEDULE of this IFB.

20. LATE BIDS

Bids received after the Bid closing date and time will not be considered by VRE.

21. BID ACCEPTANCE PERIOD

The Bid and any modification thereof shall be binding upon the Bidder for one hundred twenty (120) calendar days following the Bid closing date. Any Bid in which the Bidder shortens the acceptance period shall be rejected, although the acceptance period may be extended by mutual agreement between VRE and the

Bidder. At the end of the Bid acceptance period, the Bidder may withdraw its Bid by giving written notice to VRE. Notice-To-Proceed (NTP) may be given subsequent to the one hundred twenty (120) calendar days following the Bid closing date.

22. WAIVER OF INFORMALITIES

VRE reserves the right to waive informalities and minor irregularities in Bids.

23. ERRORS IN EXTENSION

Where the unit price and the extended price are at variance, the unit price will prevail.

24. ADDITIONAL INFORMATION

VRE reserves the right to ask any Bidder to clarify its Bid.

25. BID PREPARATION COSTS

This IFB does not commit VRE to an award, nor to pay any costs associated with the preparation and/or submission of any Bid. VRE shall not reimburse any costs incurred by Bidders in responding to this IFB or in competing for Contract award.

26. REJECTION OF BIDS

A. VRE expressly reserves the right to reject any or all Bids or any part of a Bid, and to resolicit the goods and/or services in question, if such action is deemed to be in the best interest of VRE.

B. Bids which fail to meet the solicitation requirements, or which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, or in which errors occur, or which contain abnormally high or abnormally low prices, for any class or item of work, may be rejected as invalid at VRE’s discretion.

C. The receipt of more than one (1) Bid from the same Bidder, whether or not the same or different names appear on the signature page, shall result in none of the

Bidder’s Bids being considered.

D. Reasonable proof for believing that any Bidder has an interest in more than one

(1) Bid for the work contemplated will cause the rejection of all Bids made by the

Bidder directly or indirectly.

E. Any or all Bids shall be rejected if there is reason to believe that collusion exists among the Bidders.

V. MODIFICATION, WITHDRAWAL AND CANCELLATION OF

BIDS

27. ADDENDA

VRE may issue addenda to the IFB. Addenda, if any, will be issued at least five

(5) calendar days prior to the Bid closing date. Any addendum issued less than five (5) calendar days prior to the closing date will, if necessary, contain a provision modifying the Bid closing date to a date that will provide Bidders with adequate time to respond to the addendum.

28. CANCELLATION/WITHDRAWAL OF IFB

VRE reserves the right to cancel or withdraw in whole or in part this IFB at its sole discretion. Bidders will be notified in the event the IFB is cancelled via

VRE’s website.

29. WITHDRAWAL OF BID PRIOR TO CLOSING DATE

Bids submitted electronically may be withdrawn by the Bidder at any time prior to the IFB closing date and time.

30. WITHDRAWAL OF BIDS AFTER BID OPENING

A. Requests for withdrawal of Bids after opening of such Bid but prior to award shall be transmitted to the VRE Director of Purchasing and Contract Administration.

The Bidder shall give notice in writing of its claim of the right to withdraw its Bid accompanied by full documentation supporting the request (original work papers, documents, and materials used in the preparation of the Bid). If the request is based on a claim of error, documentation must show the basis of the error. Bids may be withdrawn within two (2) business days of the conclusion of the Bid opening procedure.

B. Bids may be withdrawn for good cause after the closing date and prior to award.

No Bidder who is permitted to withdraw a Bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn Bid was submitted.

C. A Bidder may withdraw its Bid from consideration if the price/cost bid was substantially lower than the other Bids due solely to a mistake therein, provided the Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the Bid sought to be withdrawn.

D. If VRE denies the withdrawal of a Bid within ten (10) calendar days after receiving notice from the Bidder under the provisions of this Section, VRE shall notify the Bidder in writing stating the reasons for its decision and award the

Contract to such Bidder at the proposed price, provided such Bidder is a responsible and responsive Bidder.

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VI. BID CONTENT

31. GENERAL REQUIREMENTS

A. The requirements included in this Section are purposely established to facilitate an objective, timely and efficient evaluation by VRE. The Bidder is advised to ensure their Bid is in compliance with all such requirements.

B. Bids shall include all of the requirements requested in the IFB. Failure to include all the information requested may adversely affect the evaluation. Noncompliance with the IFB requirements will affect the evaluation of the Bidder’s technical and/or past performance and may be grounds to eliminate the Bid from consideration.

C. Bidders are advised that their Bid represents their company’s best efforts and most complete responses to this solicitation. Assurance of experience, capability, and qualifications that clearly demonstrate and support the Bidder’s claim are essential. The absence of such evidence will adversely influence evaluation of the

Bid.

D. Bidders are to submit Bids that present the Bidder’s qualifications and understanding of the overall work to be performed.

E. Bids must provide a clear and concise response to the requirements of the solicitation.

F. The Bidder’s submission of a Bid represents that their company will comply and perform all requirements specified in the IFB.

G. Bidders must submit the required information identified in this Section as a complete Bid package. Incomplete Bids may cause the Bid to be deemed non-

H. Bids must be separated with the respective numbered and titled tabs. All Bids shall include the written documentation outlined below:

TAB 1 Table of Contents: The table of contents must delineate all the sections of the Bid package.

TAB 2 Title Page: Furnish the name and address of the company, local address, if any; name, title, address, email address, and telephone number of the contact person and the company officer responsible for ascertaining the correctness of the

Bid.

TAB 3 Transmittal Letter: Submit a transmittal letter dated and signed by a company officer authorized to bind the company

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Virginia Railway Express or entity in a Contract. The following information shall be provided in the transmittal letter:

a. Type and size of business;

b. Years of operation; and

c. Description of the company (or other structure in the case of a partnership or joint venture) and relevance of the goods/services provided to this IFB.

TAB 4 Virginia Contractor’s License: Provide a copy of the applicable Class A, B or C Virginia Contractor’s License in accordance with Provision No. 14 above.

TAB 5 References (Past and Present Experience): Identify three (3) clients for whom comparable work has been done by the Prime Contractor or is currently being performed; complete the forms included in

ATTACHMENT E – BID FORM CERTIFICATION

(Section C and D) and include in this tab. If applicable, the following information must be provided:

a. A list of contracts within the past five (5) years, if any, on which failure to complete the work within the specified time frame resulted either in the assessment of liquidated damages, penalties or contract termination.

TAB 6 Subcontractors: Submit a Subcontractors list indicating the type of work anticipated to be performed on the

Contract; complete the SUBCONTRACTOR FORM included in ATTACHMENT E – BID FORM

CERTIFICATION (Section E).

a. During the performance of the Contract, ALL

Subcontractors are subject to approval in advance by VRE.

b. The Contractor shall ensure that all lower-tier

Subcontractors are in compliance with the certifications included herein, including the insurance coverage described in this solicitation as well as all requirements necessary for compliance with Federal and State procurement regulations referenced herein.

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Virginia Railway Express

c. At VRE’s discretion, any proposed

Subcontractor(s) identified by the Bidder may be contacted for the purpose of determining the responsibility of the Bidder.

TAB 7 Acknowledge Receipt of Addenda Issued: Include a signed acknowledgement of receipt of all addenda issued to this solicitation.

TAB 8 Representations and Certifications: Complete and sign the forms included within ATTACHMENT B –

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF BIDDERS /

OFFERORS included herein.

TAB 9 Bid Bond/Bid Guarantee: Furnish a COPY of the Bid

Bond/Guarantee of five percent (5%) of the amount of the

Bid, which shall be a certified check, cashier's check, or a bid bond from a surety company selected by the Bidder.

Refer to Provision No. 34 below.

TAB 10 Bid Form Certification and Bid Form: Sign and provide the information requested within

ATTACHMENT E – BID FORM CERTIFICATION

and ATTACHMENT E1 – BID FORM included herein.

32. SUBMISSION OF FINANCIAL STATEMENTS

A. The apparent low Bidder must submit, within two (2) consecutive business days after bid opening and upon written request from VRE, financial statements in PDF. Failure to submit the financial statements may cause the

Bid to be deemed non-responsive. Due to the sensitive nature of the financial statements, the statements may be emailed to VRE’s Chief Financial Officer or enclosed in an envelope addressed to VRE’s Chief Financial Officer. The financial information will remain confidential and will be discarded upon completion of the financial analysis.

B. Bidders shall furnish complete financial statements for the current fiscal year

(interim statements are acceptable) and the past two (2) years. The financial statements shall include the following:

1. Statement of Financial Position (Balance Sheet)

2. Results of Operation (Income Statement)

3. Statement of Cash Flow (if available)

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4. Statement of Current and Retained Earnings

These statements (1 through 4) shall be certified indicating disclosure of all facts that could impair or affect the statements presented.

C. The term “certified” is defined to mean that an officer of the corporation includes a statement that the financial statements fairly present the financial position of the

Bidder. The term “officer” is defined to mean the President, Chief Financial

Officer, or Treasurer. Audited financial statements with the auditor’s opinion meet this requirement. Audited statements must be submitted, if available.

D. The certified statement provided with the financial statements must read as follows:

The financial information provided is correct to the best of my understanding.

E. If audited financial statements are not available, the above statement shall also note the following:

No audited statements are available for the periods reported in the accompanying information.

F. VRE reserves the right to request additional financial information as may be required to determine the Bidder’s financial responsibility. If required, a formal request shall be made by VRE to the Bidder.

VII. PRICING INFORMATION

33. GENERAL PRICING REQUIREMENTS

Bidders are strongly encouraged to read this section carefully. INCOMPLETE

BIDS MAY CAUSE THE BID TO BE DEEMED NON-RESPONSIVE.

A. Bidders shall submit the price information in ATTACHMENT E – BID FORM

CERTIFICATION and E1 – BID FORM included in this solicitation.

B. The price shall be quoted in U.S. Dollars.

C. Unless indicated otherwise, Bidder’s TOTAL PRICE shall be inclusive of all costs and shall include full compensation for all taxes, fees, shipping/delivery charges, materials, labor, equipment, tools, transportation, insurance, bonds, permits, overhead and profit, etc. necessary to complete the work in conformance with the

Contract and to the satisfaction of VRE. Extra charges will not be allowed.

D. The prices, without exception, shall be net, not subject to discount, and shall include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work.

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E. Every item of the Bid Form must be completed, or the Bid may be deemed non-

F. No erasures or other handwritten changes may appear on the Bid Form.

G. The Bid must be signed.

VIII. BID BOND/GUARANTEE, PERFORMANCE AND PAYMENT BONDS

34. BID BOND/GUARANTEE REQUIREMENTS

A. A Bid shall be accompanied by a Bid Bond/Guarantee of five percent (5%) of the amount of the Bid as an assurance that the Bidder will, upon acceptance of their

Bid, execute such contractual documents as may be required within the time specified. The bid guarantee shall consist of a firm commitment such as a certified check, cashier's check, or a bid bond from a surety company selected by the

Bidder, which is legally authorized to do business in the Commonwealth of

Virginia or another negotiable instrument. The bid guarantee shall be made payable to the "Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation Commission, together known as Virginia

Railway Express."

1. Bidders shall include a copy of the Bid Bond/Guarantee with their Bid submission. The apparent low Bidder must submit, within two (2) consecutive business days after bid opening and upon written request from

VRE, an original Bid Bond/Guarantee. Failure to submit the original Bid

Bond may cause the Bid to be deemed non-responsive.

B. In submitting its Bid, it is understood and agreed by the Bidder that VRE reserves the right to reject any and all Bids, or part of any Bid and such Bid Bond/Guarantee shall be submitted with the understanding that the Bidder will not withdraw such

Bid during the period of one hundred twenty (120) calendar days following the opening of such Bid, without the written consent of VRE; and if such Bid is accepted, the Bidder will accept and perform under the terms of the Bid.

C. It is also understood and agreed that if the undersigned Bidder should withdraw any part or all of its Bid within one hundred twenty (120) days after the bid opening without the written consent of VRE, shall refuse or be unable to enter into the Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, as provided below, or refuse or be unable to furnish adequate and acceptable insurance, as provided below, the

Bidder shall forfeit its bid security to the extent of VRE’s damages occasioned by such withdrawal, or refusal, or inability to enter into a Contract, or provide adequate security therefor.

D. It is further understood and agreed that to the extent the defaulting Bidder’s Bid

Bond/Guarantee shall prove inadequate to fully recompense VRE for the damages occasioned by default, then the undersigned Bidder agrees to indemnify VRE and

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Virginia Railway Express pay over to VRE the difference between the bid security and VRE’s total damages, so as to make VRE whole.

E. The Bidder understands that any material alteration of any of the above or any of the material contained on the Bid Form, other than that requested, will render the

Bid unresponsive.

F. The Bid Bond/Guarantee of the successful Bidder shall not be released until the execution of the Contract between VRE and the successful Bidder.

35. PERFORMANCE BOND REQUIREMENTS

A. The Bidder who is selected to enter into a written Contract with VRE shall furnish a Performance Bond or Irrevocable Letters of Credit and shall remain in full force for the term of the Contract. The Performance Bond shall be in the amount equal to one hundred percent (100%) of the Contract as guarantee to the faithful performance of the Contract.

B. If the Bidder chooses to provide an Irrevocable Stand-By Letter of Credit as its

Performance Guarantee, the Bidder shall furnish with its Bid, certification that an

Irrevocable Stand-By Letter of Credit will be furnished should the Bidder become the successful Contractor. The Bidder shall also provide a statement from the banking institution certifying that an Irrevocable Stand-By Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable

Stand-By Letter of Credit will only be accepted by VRE if:

1. A bank in good standing issues it. VRE will not accept an Irrevocable Stand-

By Letter of Credit from an entity other than a bank.

2. It is in writing and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “stand-by”

Letter of Credit.

4. VRE is identified as the Beneficiary.

5. It is in an amount equal to 100% of the Contract value. This amount must be in U.S. dollars.

6. The effective date of the Irrevocable Stand-By Letter of Credit is the same as the effective date of the Contract.

7. The expiration date of the Irrevocable Stand-By Letter of Credit coincides with the term of the Contract.

8. It indicates that it is being issued in order to support the obligation of the

Contractor to perform under the Contract. It must specifically reference the

Contract between VRE and the Contractor and the work stipulated herein.

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C. The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and bank draft to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.

36. PAYMENT BOND REQUIREMENTS

The Bidder who is selected to enter into a written Contract with VRE shall furnish a Payment Bond or Irrevocable Stand-by Letter of Credit. The Payment Bond shall be in the amount equal to one hundred percent (100%) of the Contract as guarantee for the payment to all persons who have and fulfill contracts, which are directly with the Contractor.

37. GENERAL BONDING REQUIREMENTS

A. The sureties of all bonds shall be of such acceptable surety company or companies as listed in the U.S. Treasury Department Circular 570 published annually and must be authorized to transact business in the Commonwealth of

Virginia.

B. The Contractor shall deliver to VRE within ten (10) consecutive calendar days of the notification of award, a duly executed Performance Bond and Payment Bond payable to the “Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation Commission, together known as Virginia

Railway Express.”

C. No Contract shall be deemed to be in effect until the bonds have been received and accepted by VRE.

D. The Contractor shall provide to VRE appropriate bond forms prior to or at the time of Contract award for review and acceptance. The Contractor may use the

American Institute of Architects (AIA) bond forms or a format that is substantively similar.

E. VRE may require additional bond protection when a Contract price is increased, by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond The increase in protection shall generally equal one hundred percent (100%) of the increase in Contract price. Upon the Contractor’s request, VRE may decrease bond amounts as work is completed / deliverables are received.

F. A copy of the revised bonds shall be provided by the Contractor to VRE. The

Contractor shall execute change orders with the consent of the surety or sureties on the bonds unless otherwise directed by the sureties.

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IX. BID SUBMISSION

38. BID CERTIFICATION

A. The Bidder agrees to provide the work/services specified herein, in compliance with the Scope of Work and/or Technical Specifications and other terms and conditions in this Invitation for Bids, at the price provided on ATTACHMENT

E1 – BID FORM.

B. A representative duly authorized to bind the company must complete and sign the

Bid Certification in ATTACHMENT E – BID FORM CERTIFICATION and submit it along with the Bid.

39. BID FORMAT ORGANIZATION

Each Bid must be typed. Type size must not be smaller than Microsoft Word

Times New Roman 11-point font, normal proportional spacing. Text lines must be single-spaced. Type size for custom graphics, charts, headers, footers, tables and captions must not be smaller than Microsoft Word Times New Roman 9-point font.

40. BID SUBMISSION REQUIREMENTS

A. Bidders must submit Bids electronically through the Commonwealth of Virginia’s e-procurement portal (eVA). To submit Bids electronically, Bidders must be registered in eVA- www.eva.virginia.gov.

B. Bids submitted in hard copy format or via email or facsimile will not be accepted.

C. Bids shall be submitted through eVA by:

1. Clicking on Business Opportunities, Virginia Business Opportunities

(VBO).

2. Typing “Virginia Railway Express” into the Search Box.

3. Finding VRE IFB No. 027-002.

4. Clicking “View Opportunity” to select the solicitation.

5. Clicking “Respond Online” in the upper right corner of the screen.

6. Following the instructions provided online to submit a response.

D. Bidders must submit one (1) complete continuous electronic copy of their Bid package in PDF, including all attachments. The Bid Form must be in PDF and

Microsoft Excel formats.

E. Bidders requiring assistance submitting an electronic response, must contact eVA

Customer Care via email at eVACustomerCare@dgs.virginia.gov or at 866-289-

7367.

F. Sealed electronic Bids shall be received online through eVA no later than the date and time specified in PART II – PROCUREMENT SCHEDULE of this IFB.

The time an electronic Bid is received shall be determined by the time stamp on http://www.eva.virginia.gov/ mailto:eVACustomerCare@dgs.virginia.gov

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Virginia Railway Express the Bid receipt by the time clock on the eVA Sourcing and Contracting website.

Bids received after the Bid closing date and time will not be considered.

G. VRE is not responsible for any technical difficulties which may result in Bidders’ responses not uploading in time, or responses that are not properly uploaded. Late

Bids will not be accepted. Conditional Bids may be rejected in whole or in part.

H. Following the Bid Opening procedure, an Abstract of Bids, including the price/cost from all Bids will be posted on VRE’s website.

41. SINGLE BID

If a single conforming Bid is received, a price and/or cost analysis of the Bid shall be made by VRE. A price analysis is the process of examining and evaluating a prospective price without evaluation of the separate cost elements. It should be recognized that a price analysis through comparison to other similar contracts shall be based on an established or competitive price of the elements used in the comparison. The comparison shall be made to the cost of similar projects and involve similar specifications.

42. DISPOSITION OF BIDS

Bidders’ Bids will not be returned. VRE will retain all Bids for the Contract file.

X. BID EVALUATION AND PRE-AWARD

43. BID EVALUATION

A. Bids will be evaluated on the following basis:

1. Total Bid price;

2. Responsiveness to the IFB requirements;

3. Overall quality and completeness of the Bid; and

4. Responsibility of the Bidder.

B. Following evaluation of Bids, VRE will make the award to the lowest responsible and responsive Bidder conforming to the solicitation’s requirements on a TOTAL

PRICE basis. Past experience performing the work described herein and the

Bidder’s capacity to perform the work will be taken into consideration in making the award.

44. PRE-AWARD SURVEY

A. After the due date and prior to Contract award, VRE shall have reviewed and evaluated all data submitted by the lowest responsive and responsible Bidder.

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B. VRE reserves the right to perform or have performed a financial review of the successful Bidder’s resources, and to require the submission of a statement of work in progress by the Bidder.

C. VRE may make such reasonable investigations as deemed proper and necessary to determine the Bidder’s responsibility and ability to furnish the item(s) required in the performance of this Contract. The Bidder shall furnish VRE such information and data for this purpose as may be requested. VRE reserves the right to inspect the Bidder’s physical location prior to award to satisfy questions regarding the

Bidder’s capabilities.

D. VRE also reserves the right to reject any Bid if the evidence submitted by, or investigations…