9-02. FR2X RFP ITP.pdf

UDOT Solicitation # UDOT250192MP

INSTRUCTION TO PROPOSERS Page | 1

INSTRUCTION TO PROPOSERS

Table of Contents

INSTRUCTION TO PROPOSERS

IP 1. Description of Work IP 2. Anticipated Schedule for the Procurement IP 3. Obtaining Proposal Documents IP 4. (Reserved) IP 5. Pre-Proposal Meeting/Information for Proposers (Reserved) IP 6. Questions, Clarifications and Omissions IP 7. Addenda to the RFP IP 8. DBE Requirements for Transit Vehicle Manufacturers IP 9. Buy America Certification IP 10. Enhancements and Exceptions IP 11. Protest Procedures

IP 11.1 Appeal IP 11.2 [Reserved] IP 11.3 [Reserved] IP 11.4 FTA Review

IP 12. Preparation of Proposal IP 12.1 Use of Proposal Forms IP 12.2 Alternate and Multiple Proposals IP 12.3 Proposal Format and Submission Requirements

IP 12.4 PROPRIETARY/CONFIDENTIAL INFORMATION

IP 12.5 Signing of Proposal Forms IP 12.6 Modification or Withdrawal of Proposals IP 12.7 Ownership and Cost of Proposal Development

IP 13. Proposal Evaluation and Selection Process, General IP 13.1 Evaluation of Proposal Enhancements IP 13.2 Duration of the Validity of Proposals IP 13.3 Evaluation Committee(s) IP 13.4 Review of Proposals for Responsiveness and Proposer for Responsibility IP 13.5 Proposal Evaluations and Selection Process

IP 14. Response to Proposals IP 14.1 Single Proposal Response IP 14.2 Availability of Funds IP 14.3 Department Contract Approval Process IP 14.4 Department Rights

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IP 14.5 Execution of Contract IP 15. Conflicts of Interest; Gratuities IP 16. Other General Requirements IP 17. Examination of Proposal and Contract Documents Exhibit A: SAMPLE PROPOSAL EVALUATION SCORE SHEET Exhibit B: CERTIFICATIONS CER 1: Proposer’s Checklist CER 2: Request for Pre-Offer Clarification CER 3: Acknowledgement of Addenda

CER 4.1: Price Proposal Form for Proposal Enhancement (with price data) CER 5: Pre-Award Evaluation Data Form CER 6: Pricing Schedules CER 7: Federal Certifications

CER 7.1: Buy America Certification CER 7.2: Debarment and Suspension Certification for Prospective Contractor CER 7.3: Debarment and Suspension Certification (lower-tier covered transaction) CER 7.4: Non-Collusion Affidavit CER 7.5: Lobbying Certification CER 7.6: DBE Approval Certification, Transit Vehicle Manufacturer Certification

CER 8: Proposal Form CER 9: Vehicle Questionnaire CER 10: Proposed Invoicing Schedule CER 11: Litigation and Claims History Form CER 12: Exceptions to Terms and Conditions of Contract Documents CER 13: Claim of Business Confidentiality Form

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IP 1. Description of Work The Department is soliciting Proposals from commuter rail vehicle manufacturers to design, manufacture, test, furnish, deliver and performance test diesel multiple unit commuter rail vehicles (DMUs). The Work shall also include delivery of data, manuals, drawings, training and support services, spare parts, special tools and test equipment as described in the RFP. It is anticipated that this solicitation will result in an award to a single contractor.

The Work under the Contract will be set out as follows:

a. Base Order:

A base quantity of 10 DMUs and associated goods and services such as spare parts, training materials and parts and maintenance manuals, special tools and diagnostic equipment as described in the Contract;

b. Options:

1) Option for up to 40 additional DMUs and associated goods and services as described in the Contract, if exercised in the sole discretion of the Department;

2) Option for DMU Operation Training Simulator.

This Contract is part of a cooperative procurement under Utah Code 63G-6a-2105(4)(b), where the Work procured herein may be available for purchase by other public transit providers throughout the country.

The Department reserves the right to assign, in whole or in part, any of the options described in this RFP to one or more public transit providers (whether or not named herein) designated by the Department. To the extent the Department assigns its options to a third party, the third party will be solely responsible for all obligations with respect to the assigned options, and any contracts related thereto. If the Department assigns, in whole or in part, an option to one or more public transit providers (whether or not named herein), the Department reserves the right for the public transit provider to vary the design or customize the DMU based on that particular public transit provider's preference, understanding that price may vary as a result of such design or customization. Any public transit provider who the Department designates as an assignee under the Contract must sign a participating addendum describing its rights and obligations under the Contract.

IP 2. Anticipated Schedule for the Procurement The following is the anticipated schedule for this procurement. For the official schedule please refer to Department’s Bonfire eProcurement Platform.

Event Date Release of Draft RFP December 6, 2024 Last Day to Request One on One Meeting December 20, 2024 Informal Meetings/One-on-Ones (Completed by) January 17, 2025 Draft RFP Q&A Due January 24, 2025 Release of RFP July 1, 2025 Q&A Due August 5, 2025 Final Addendum September 12, 2025 Proposal Due Date October 10, 2025 Negotiation and contract award December 1, 2025 to February 12, 2026 https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Futah.bonfirehub.com%2Fprojects%2F192206%2Fdetails&data=05%7C02%7CElizabeth.Buonanno%40wsp.com%7C6b3a0598cc15400d50d108ddb43b134f%7C3d234255e20f420588a59658a402999b%7C1%7C0%7C638864887993413347%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=iyOLAyTac2W%2BE9HBsgy%2BLERbxjmPaZvKx7oxhImgGXE%3D&reserved=0

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Event Date NTP 1 February 13, 2026 NTP 2 January 1, 2027

The Department reserves the right to modify the procurement schedule as circumstances may warrant.

As indicated in the schedule above, the Department anticipates issuing multiple Notices to Proceed.

These are described in SP 3.1.2 Notices to Proceed and SP 3.1.3 Schedule and Mandatory Milestones of the Special Provisions.

IP 3. Obtaining Proposal Documents Submission of the proposal and any other required documentation is done in the Department’s Bonfire eProcurement Platform using the platform link. New Proposers must complete the New Vendor Registration sufficiently in advance to receive notices and addenda.

IP 4. (Reserved)

IP 5. Pre-Proposal Meeting/Information for Proposers (Reserved)

IP 6. Questions, Clarifications and Omissions Questions MUST be submitted through the Bonfire system before the due date for Q&A noted in IP 2 of this RFP. Questions submitted through any other channel will not be answered. Answers disseminated by the Department through the Bonfire system shall modify the specification or requirements of this solicitation only if confirmed by a written addendum to this solicitation. All correspondence, communication and contact in regard to any aspect of this solicitation or offers shall be only with the contact person identified in the Notice of Request for Proposals or his or her designated representative if applicable. Proposers and their representatives shall not make any contact with or communicate with any member of the Department, or its employees and consultants, other than the designated contact person, in regard to any aspect of this solicitation or offers.

Until the date and time specified in IP 2 as the deadline for receipt of Q&A, Proposers may request, in writing, a clarification or interpretation of any aspect, a change to any requirement of the RFP (including any change to the terms and conditions in the Contract Documents), or any addenda to the RFP. Such written requests shall be made using the Bonfire platform. The Proposer making the request shall be responsible for its proper delivery to the Department, as identified above, and on form CER 2, Request for Pre-Offer Clarifications.

Proposers submitting a question that contains proprietary or other confidential information may identify the question as confidential by submitting a Claim of Business Confidentiality Form provided as CER 13 in Exhibit B with the questions. The Department will review questions marked confidential and if it concurs that the question contains confidential information, will not make the question or response public. If the Department disagrees that the question contains confidential information, the Department will notify the Proposer submitting the question and provide the option to withdraw the question, amend the question, or allow the question to remain submitted without confidentiality protection. Proposers shall not provide information that discloses the Proposer’s identity in the body of the request for clarification. The Department will post responses to all questions received and answered (other than confidential or proprietary questions) on the Bonfire system.

If it should appear to a Proposer that the performance of the Work under the Contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFP or Contract Documents, or that any conflict or discrepancy exists between different parts of the Contract Documents or with any https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Futah.bonfirehub.com%2Fprojects%2F192206%2Fdetails&data=05%7C02%7CElizabeth.Buonanno%40wsp.com%7C6b3a0598cc15400d50d108ddb43b134f%7C3d234255e20f420588a59658a402999b%7C1%7C0%7C638864887993413347%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=iyOLAyTac2W%2BE9HBsgy%2BLERbxjmPaZvKx7oxhImgGXE%3D&reserved=0 https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Futah.bonfirehub.com%2Fprojects%2F192206%2Fdetails&data=05%7C02%7CElizabeth.Buonanno%40wsp.com%7C6b3a0598cc15400d50d108ddb43b134f%7C3d234255e20f420588a59658a402999b%7C1%7C0%7C638864887993413347%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=iyOLAyTac2W%2BE9HBsgy%2BLERbxjmPaZvKx7oxhImgGXE%3D&reserved=0 https://udot-utah-gov.bonfirehub.com/portal/?tab=login https://udot-utah-gov.bonfirehub.com/portal/?tab=login

INSTRUCTION TO PROPOSERS Page | 5 federal, state, local or Department or Agency law, ordinance, rule, regulation or other standard or requirement, then the Proposer shall submit a written request for clarification to the Department within the time period specified above. The request for clarification should include a cross reference report which provides a clear comparison of the conflict or discrepancy in the format specified in CER2, Request for Pre-Offer Clarifications. At a minimum the cross-reference report shall include details of each issue, document titles, and section reference numbers for each item. Any such conflicts discovered after the submittal of the Proposal shall be resolved at the Department’s discretion.

All responses to CER 2, Request for Pre-Offer Clarifications, shall be provided to all Proposers through the Bonfire platform. Any response that is not confirmed by a written addendum shall not be official or binding on the Department.

IP 7. Addenda to the RFP The Department reserves the right to amend the RFP at any time in accordance with IP 2, Proposed Schedule for the Procurement. Any amendments to or interpretations of the RFP shall be described in written addenda. Notification of the addenda will be distributed through the Bonfire platform. Failure of any Proposer to receive the notification or addenda shall not relieve the Proposer from any obligation under the RFP as clarified, interpreted or modified. All addenda issued shall become part of the RFP.

Proposers should acknowledge the receipt of each individual addendum in their Proposals on form CER 3, Acknowledgement of Addenda.

If the Department determines that the addenda may require significant changes in the preparation of Proposals, then the deadline for submitting the Proposals may be postponed. Any new Proposal Due Date shall be included in the addenda. All official changes, Addenda and due dates will be updated in Department’s Bonfire eProcurement Platform.

IP 8. DBE Requirements for Transit Vehicle Manufacturers All respondents will be required to comply with the FTA’s DBE requirements found in 49 CFR Part 26 and referenced in the Federal Requirements section of the RFP. Only those transit vehicle manufacturers listed on FTA's eligible TVMs list, or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the time of this solicitation will be eligible to submit a Proposal in response to this RFP. A Proposer, as a condition of responding to this RFP, must so certify, by completing form CER 7.6, DBE Approval Certification, Transit Vehicle Manufacturer Certification provided in Exhibit B.

IP 9. Buy America Certification The Contract is subject to the “Build America, Buy America” (Pub. L. No. 117-58 §§ 70901-17) and its implementing regulation 2 C.F.R. Part 184, the requirements of 49 United States Code (USC) §5323(j) and 49 Code of Federal Regulations (CFR) Part 661, as may be amended from time to time, and any other applicable federal laws, regulations, or guidance. Proposers’ attention is directed to 49 CFR §661.11, “Rolling Stock Procurements.” Proposers have the responsibility to comply with the cited and any governing statutes and regulations, including official interpretations.

A Proposer shall submit to the Department the appropriate Buy America certification, included in the Federal Clauses section of the RFP. Proposals that are not accompanied by a properly completed Buy America certification are subject to the provisions of 49 CFR 661.13 and may be rejected as nonresponsive.

The two signature blocks on the Buy America certificate are mutually exclusive. Proposers shall sign only one signature block on the certificate. Signing both signature blocks will make the Proposal nonresponsive. A false certification is a criminal act in violation of 18 USC §1001.

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A Proposer who has submitted an incomplete Buy America certificate or incorrect certificate of noncompliance through inadvertent or clerical error (but not including failure to sign the certificate, submission of certificates of both compliance and noncompliance, or failure to submit any certification), may submit to the FTA Chief Counsel within ten (10) days of Proposal opening a written explanation of the circumstances surrounding the submission of the incomplete or incorrect certification in accordance with 28 USC §1746, sworn under penalty of perjury, stating that the submission resulted from inadvertent or clerical error. The Proposer will also submit evidence of intent, such as information about the origin of the product, invoices, or other working documents. The Proposer will simultaneously send a copy of this information to the Department.

The FTA Chief Counsel may request additional information from the Proposer, if necessary. The Department may not make Contract award until the FTA Chief Counsel issues his or her determination, except as provided in 49 CFR Part 661.15(m).

Certification based on ignorance of proper application of the Buy America requirements is not an inadvertent or clerical error.

A waiver from the Buy America provisions will be sought by the Department from the FTA, for the proposed awardee, if the grounds for a waiver exist. All Proposers seeking a waiver must submit to the Department a timely request in writing, which shall include the facts and justification to support the granting of the waiver. Such waiver from the Buy America provisions may be granted if the FTA determines the following:

1. The application of the Buy America provisions would be inconsistent with the public interest;

2. Materials are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

3. Inclusion of domestic material will increase the cost of the overall Contract by more than 25 percent.

Any party may petition the FTA to investigate a successful Proposer’s compliance with the Buy America certification. The procedures are set out in 49 CFR Part 661.15. If the FTA determines the evidence indicates noncompliance, the FTA will require the Department to initiate an investigation. The successful Proposer has the burden of proof to establish compliance with its certification. If the successful Proposer fails to so demonstrate compliance, then the successful Proposer will be required to substitute sufficient domestic materials without revision of the original Contract terms. Failure to do so will be a breach of the Contract and may lead to the initiation of debarment proceedings under 49 CFR Part 29.

IP 10. Enhancements and Exceptions Proposers may request to incorporate innovative enhancements (“Proposal Enhancements”) to the provisions of this RFP into the Proposal. All Proposal Enhancements must be explicitly, fully, and separately stated in the Technical Proposal by completing CER 4, Technical Proposal Form for Proposal Enhancement (without price data), setting forth at a minimum the specific reasons for each Proposal Enhancement so that it can be fully considered and, if appropriate, evaluated by the Department. In this Form CER 4, Proposers shall also state the percentage change in the Base Contract Price (without stating the dollar amount) that would result from each proposed Proposal Enhancement. The Department will review each Proposal Enhancement and may accept or reject it at its discretion. All accepted Proposal Enhancements shall be evaluated in accordance with the appropriate evaluation criteria and procedures and may result in the Proposer receiving a more or less favorable evaluation than without the Proposal Enhancement. The price for each accepted Proposal Enhancement stated in CER 4.1 Price Proposal

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Form for Proposal Enhancement (with price data) shall be included as part of the Base Proposal Price evaluated as provided in IP 13.5.2(B). The prices for Proposal Enhancements that the Department does not accept will not be given any consideration in the price proposal evaluation process.

A Proposal Enhancement may consist of any equipment, material, or process that Proposer contends is equal to or better than that designated and not otherwise specifically prohibited. All requests for Proposal Enhancements shall clearly and completely specify how the request meets or exceeds the required fit and/or function of the Department’s Technical Specifications, and/or how the request is equal to or superior to the Department’s Technical Specifications.

Proposers shall note the following regarding submission requirements for each Proposal Enhancement:

• The Proposer shall submit CER 4 Technical Proposal Form for Proposal Enhancement (without price data) with the Technical Proposal (Package 2) for each Proposal Enhancement; and

• The Proposer shall submit CER 4.1 Price Proposal Form for Proposal Enhancement (with price data) with the Price Proposal (Package 3) for each Proposal Enhancement.

In addition, Proposers may identify any exceptions to the terms and conditions contained in the Agreement, General Conditions, and Special Provisions on CER 12: Exceptions to Terms and Conditions of the Contract Documents. Proposers should note that as part of the Request for Clarifications process described in IP6, Proposers are required to raise any topics or issues relating to proposed exceptions to the terms and conditions contained in the Agreement, General Conditions, and Special Provisions. In considering the proposed exceptions contained in CER 12, the Department may only consider proposed exceptions to the terms and conditions contained in the Agreement, General Conditions, and Special Provisions that would represent a material change to the Contract Documents if those proposed exceptions were previously raised by the Proposer in the Request for Clarifications process described in IP 6 and where the Department did not modify the Contract Documents in an addendum. The Department will evaluate proposed exceptions in its sole discretion and is under no obligation to accept any proposed exceptions to the terms and conditions in the Agreement, General Conditions, or Special Provisions. By submitting a Proposal, Proposer agrees to execute the Contract Documents in the form included in the RFP without modification.

IP 11. Protest Procedures All protests with respect to this RFP must be in writing, and will follow the requirements in Utah Code §63G-6a-1602 et seq and Utah Administrative Code R33-16. Deliver a written copy of any protest to:

Executive Director

Utah Department of Transportation

4501 South 2700 West, 1st Floor

Box 141245

Salt Lake City, UT 84114-1245

Any protest not set forth in writing within the time limits specified in Utah Code §63G-6a-1602 is null and void and will not be considered.

https://le.utah.gov/xcode/Title63G/Chapter6A/63G-6a-S1602.html?v=C63G-6a-S1602_2017050920170509 https://le.utah.gov/xcode/Title63G/Chapter6A/63G-6a-S1602.html?v=C63G-6a-S1602_2017050920170509

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IP 11.1 Appeal A notice of appeal must be delivered by the Protestor within seven (7) calendar days of the date of the Procurement Officer’s decision. A notice of appeal addressed as follows:

Executive Director

Utah Department of Transportation

4501 South 2700 West, 1st Floor

Box 141245

Salt Lake City, UT 84114-1245

IP 11.2 [Reserved] IP 11.3 [Reserved] IP 11.4 FTA Review

After administrative remedies have been exhausted, an interested party may file a protest with the Federal Transit Administration of the U.S. Department of Transportation pursuant to the procedures provided in the FTA Circular 4220.1G or successor circulars. FTA review is limited to matters primarily of federal concern.

Alleged violations of certain Federal requirements provide a separate complaint procedure. See, for example, Buy America Requirements, 49 CFR 661 (Section 661.15) and Participation by Disadvantaged Business Enterprise in Department of Transportation Programs, 49 CFR 26.49.

Failure to comply with the above protest procedures will render a protest untimely and/or inadequate and shall result in its rejection.

IP 12. Preparation of Proposal IP 12.1 Use of Proposal Forms

Proposers are advised that the forms contained in this RFP should be used for submission of a Proposal.

All forms required must be submitted on the Department’s Bonfire eProcurement Platform.

IP 12.2 Alternate and Multiple Proposals Submission of alternative Proposals, except as specifically called for in the RFP, will render a Proposal non-responsive and may cause its rejection.

Multiple Proposals from a single Proposer will not be considered.

IP 12.3 Proposal Format and Submission Requirements Proposers shall upload one electronic original proposal to Department’s Bonfire eProcurement Platform. Do not provide promotional or advertising information, unless this information is requested and/or is necessary to support the technical submittal. No hyperlinks will be allowed.

In addition to the electronic submission, Proposers shall submit 8 (eight) paper copies of the Technical Proposal (Package 2) to the Contract Administrator as specified in NR.2 of the RFP. The remainder of the Proposal (Packages 1 and 3) shall only be submitted electronically via Bonfire.

Proposals shall be formatted primarily to 8 ½ by 11 inch. 11 by 17 inch format may be used for charts, tables, and schedules as indicated in the Table in Section IP12.3.1. No text may be included on 11 by 17 inch size format except for text that is required for the interpretation of the chart, table, or schedule.

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The Technical Proposal should be printed in a minimum of 12-point font.

The Qualifications and Technical Proposal (Package 2 and Package 4, if needed) is limited to 150 pages and must not exceed the page limit. Engineering drawings, reports describing route simulations, and resumes do not count toward the page limit. If a Proposal is submitted in double-sided format, both sides of the page will be counted against the Page Limit. All information that is submitted beyond that requested in this RFP and/or in excess of the first 150 pages will not be considered. Package 1 and Package 3 are not subject to page limitations.

The Proposer shall not submit brochures or additional materials. At its discretion, the Department will not consider such additional materials in the selection of the successful Proposer.

Maximum file upload size in Department’s Bonfire eProcurement Platform is 1000 MB. Failure to follow the format described above may result in the Proposal being deemed non-responsive.

These same requirements shall apply to any Best and Final Offers (BAFOs) that may be requested.

The Proposal will comprise four packages, and shall be submitted and ordered in the appropriate sections as outlined below:

• Package 1: Certifications Package Requirements

• Package 2: Qualification and Technical Proposal Package Requirements

• Package 3: Price Proposal Requirements

• Package 4: Proprietary/Confidential Information Package Requirements

The certifications required in these packages and referred to with the prefix “CER” are appended to this IP section of the RFP.

IP12.3.1 Package 1: Certifications Package Requirements

1. Letter of Transmittal: This cover letter must be duly signed by the Contractor’s

Representative or representatives who have the requisite corporate and legal authority and authorization to bind the Proposer to a Contract, summarize the contents of the Proposal and confirm the validity period of the Proposals. The cover letter must also identify the contact person for the Proposer, including, title, address, telephone number, facsimile number, and Electronic-mail (E-mail) address for such person. The letter must also include the information required in IP 12.5.

2. CER 3: Acknowledgement of Addenda

3. CER 5: Pre-Award Evaluation Data Form

4. CER 7.1: Buy America Certification

5. CER 7.2: Debarment and Suspension Certification, Prospective Contractor

6. CER 7.3: Debarment and Suspension Certification, lower tier covered transactions

7. CER 7.4: Non-Collusion Affidavit

8. CER 7.5 Lobbying Certification

9. CER 7.6 DBE Approval Certification

10. CER 8: Proposal Form

11. A copy of the three most recent annual financial statements audited by an independent third party. If the Proposer is structured as a Joint Venture, then each member of the Joint Venture shall provide a copy of the three most recent annual financial statements audited https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Futah.bonfirehub.com%2Fprojects%2F192206%2Fdetails&data=05%7C02%7CElizabeth.Buonanno%40wsp.com%7C6b3a0598cc15400d50d108ddb43b134f%7C3d234255e20f420588a59658a402999b%7C1%7C0%7C638864887993413347%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=iyOLAyTac2W%2BE9HBsgy%2BLERbxjmPaZvKx7oxhImgGXE%3D&reserved=0

INSTRUCTION TO PROPOSERS Page | 10 by an independent third party. The Department specifically reserves the right to require additional information as may be necessary to demonstrate the Proposer’s financial capability to perform the work described in this RFP.

12. Letter for insurance, indicating the Contractor’s ability to obtain the insurance coverage in accordance with the RFP requirements

13. Letter indicating the Proposer’s ability to obtain a Performance Guarantee in accordance with SP5.1 of the Special Provisions. The Performance Guarantee can take the form of a letter of credit, a performance bond or a parent company guarantee.

14. Joint venture agreement, if applicable, as provided in IP 12.5.

15. CER 12: Exceptions to Terms and Conditions of the Contract Documents.

IP12.3.2 Package 2: Qualifications and Technical Proposal Package Requirements The Qualifications and Technical Proposal package is to include eight tabs organized as shown in the Table below.

Proposal Tab#

Title Contents ITP Reference

1 CER4: Form for Proposal Enhancement

See format for CER4: Form for Proposal Enhancement

Exhibit B

2 CER9: Vehicle Questionnaire See format for CER9: Vehicle Questionnaire

Exhibit B

3 CER11: Litigation and Claims History Form

See format for CER11: Litigation and Claims History Form

Exhibit B

4 Overall vehicle description General arrangement drawings Transverse section drawings Longitudinal section drawings System interface drawings Vehicle weight schedule Dynamic performance Vehicle systems and systems suppliers narrative

IP12.3.1 para 4

5 Technical Approach to the Work

5.1 Design planning and

management

Design flowchart Narrative of flowchart QA plan and narrative Preliminary Design Management Plan

IP12.3.1 para 5.1

5.2 Manufacturing planning, quality assurance, and workflow

Manufacturing process flowchart Narrative of process flowchart QA flowchart Narrative of QA flowchart Preliminary Quality Management Plan

IP12.3.1 para 5.2

5.3 Manufacturing capacity and

plan

Narrative IP12.3.1 para 5.3

5.4 Schedule Credibility Critical path method schedule

Narrative of schedule

IP12.3.1 para 5.4

INSTRUCTION TO PROPOSERS Page | 11

Proposal Tab#

Title Contents ITP Reference

6 Experience

6.1 Past similar experience Narrative IP.12.3.1 para 6.1

6.2 Supplier and subcontractor

experience Narrative IP.12.3.1 para 6.2

7 Organization and Key Personnel

Narrative Program organizational chart Resumes for key personnel

IP.12.3.1 para 7

INSTRUCTION TO PROPOSERS Page | 12

FC 1. CER 4: Technical Proposal Form for Proposal Enhancement (without price data)

If applicable, Proposers shall complete CER4: Technical Proposal Form for Proposal Enhancement (without price data) and submit it with the Technical Proposal. Proposers shall specify the percentage change to the proposed price that will result from the proposed enhancement without providing any other price information.

FC 2. CER 9: Vehicle Questionnaire

Proposers shall complete CER9: Vehicle Questionnaire in the format provided in the RFP and submit it with the Technical Proposal.

FC 3. CER 11: Litigation and Claims History Form

Proposers shall complete CER11: Litigation and Claims History Form in the format provided in the RFP and submit it with the Technical Proposal.

FC 4. Overall Vehicle Description

i. General arrangement drawings. Provide eight (8) general arrangement drawings to scale with appropriate dimensions that indicate the following:

• Vehicle plan view (external);

• Vehicle side view (external);

• Vehicle front view (external);

• Vehicle roof equipment arrangement (external);

• Vehicle seating arrangement (internal plan view);

• Vehicle underframe equipment arrangement;

• Vehicle interior equipment arrangement; and

• Cab console arrangement.

ii. Transverse section drawings. Provide five (5) transverse sections at the following locations:

• High floor section(s);

• Low floor section end door;

• Low floor section between doors;

• Low floor section center door; and

• Low floor center section

• Power section or segment.

iii. Longitudinal section drawings. Provide two (2) longitudinal sections at the following locations:

• Centerline of the car; and

• Reflected ceiling plan.

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iv. System Interfaces. Provide drawings to demonstrate compatibility with UTA’s system infrastructure. Include interfaces to demonstrate compatibility with UTA’s platforms, including all unique platform features such as artwork, planters, pavilion/canopy structures, etc.

• Demonstrate full compatibility with all UTA platforms, tail tracks, signals, yards, and system infrastructure, including but not limited to:

Regular boarding

Berthing

Level boarding

UTA gap filler

v. Vehicle Weight Schedule Provide passenger numbers and a gross vehicle weight schedule as follows (including train Operator except for AW0, as further defined in TS 1.2.2, Definitions):

FC 5.

vi. Dynamic Performance Provide the traction and brake effort performance curves for each propulsion system proposed. Plots of acceleration vs vehicle speed, and tractive effort under normal and reduced performance modes shall be included. Further, submit the matrix described in TS 12.3.1(21). In addition, the Proposer shall submit, for each candidate propulsion system, a computer simulation of round-trip performance for their proposed consist length equivalent over the Frontrunner system as described in TS 1.3.1. The computer model shall be based on the parameters defined in TS 2, Design and Performance Criteria, and the following conditions:

• New wheels;

• AW2 passenger load;

• 8 s dwell time at each intermediate station;

• 30 s layover at each terminus;

• Maximum service acceleration and braking performance; and

• Maximum allowable speeds for alignment conditions, grades, curves, etc.

• The computer model shall output the following:

• End-to-end round trip time;

Load State

Passenger Criteria # of Passengers Total weight (@ 165 lbs. per passenger)

AW0 Empty 0

AW1 Fully seated

AW2 Seated + standees @ 4/m2

AW3 Seated + standees @ 6/m2

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• Provide dwell times for each proposed car length to include passenger loading and unloading times.

• Provide times to travel between each station platform.

• Average schedule speed;

• Total fuel consumption as a function of speed;

• A report describing the methods used to conduct the simulation shall be included as an appendix. The report shall contain enough information for a competent 3rd party to duplicate the results. This report will not count against the page limit.

vii. Vehicle Systems and Systems Suppliers The 14 major vehicle systems from the Vehicle Questionnaire are defined as:

• Section 3: Carbody exterior

• Section 4: Coupler

• Section 5: Operator’s cab

• Section 6: Doors

• Section 7: Heating, ventilation, and air conditioning (HVAC)

• Section 8: Lighting

• Section 9: Electrical

• Section 10: Propulsion system

• Section 11: Trucks

• Section 12: Friction brake system

• Section 13: Communications

• Section 14: Positive train control system

• Section 15: Carbody interior

• Section 17: Monitoring and diagnostics

The Proposer shall provide a brief description of each of the 14 major systems as offered by each Proposed Supplier for the Contract.

Description shall include the following:

• All appropriate system and component ratings;

• Basic system configuration;

• Model numbers of major components;

• Service history of each proposed system, including:

• Property references;

• Contact person; and

• Car miles and time in revenue service to date;

• Available reliability data;

• Identification of any differences between the proposed system and existing service-proven designs; and

• Identification of microprocessor and software main features, when applicable.

• The brief descriptions of the major systems shall be tabbed or denoted in the order listed.

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viii. Commissioning spare parts Proposer shall submit a list of spare parts to support testing and warranty requirements, as defined in TS 22.3.2, in its Technical Proposal. All spare parts and necessary equipment to support DMU testing and warranty requirements and to perform necessary repairs within 48 hours of an initial failure report shall be included.

ix. Long lead items The Proposer shall submit a comprehensive list of long lead components with specific lead times to meet the requirements of TS 22.3.1.

FC 6. Technical Approach to the Work

FC 6.1 Design planning and management

b. Proposer shall demonstrate, through a single flow chart and narrative, how the vehicle design effort will be managed. The narrative should be keyed to the flow chart. Factors that should be addressed in both the flow chart and narrative include the following:

• Where the design effort for each major vehicle system and/or component will take place;

• How the Proposer will ensure that the design (including subcontractor designs) incorporates all requirements stated in the Technical Specification;

• How the Proposer will coordinate the design effort amongst the various subcontractors; that is, how the systems engineering and integration effort will be set up, managed, and carried out;

• How quality assurance of the design will be implemented;

• Description of checks and balances in place to ensure a safe design;

• How the Department’s engineering review comments will be fed back into the overall engineering design effort;

• How first article and design qualification testing results will be fed back into the overall design effort; and

• How any language translation times will be accounted for as part of the design, manufacturing, QA, and testing processes.

c. Proposer shall submit a preliminary Design Management Plan that addresses the requirements of TS 19.2.

FC 6.2 Manufacturing planning, quality assurance and workflow.

Proposer shall demonstrate, through a single flow chart and narrative, how the manufacturing effort will be managed. A second flow chart and narrative shall be provided to describe the Proposer’s quality assurance organization. The narrative in each case should be keyed to the flow chart. Factors to be addressed include the following:

• Interface and controls between the Proposer’s design and manufacturing groups;

• Interface and controls between Proposer’s and supplier’s/subcontractor’s manufacturing groups;

• Carbody assembly facility work-flow and stationing;

INSTRUCTION TO PROPOSERS Page | 16

• Material control;

• A complete description of the Proposer’s quality assurance program. This description must include the following:

• The structure of the Proposer’s QA department;

• The number of QA professionals expressed as a percentage of the total manufacturing workforce;

• How quality assurance maintains independence from manufacturing;

• How quality control inspectors maintain independence from manufacturing;

• How quality control problems are fed back into the manufacturing process and resolved; and

• How configuration control is managed.

• Proposer shall submit a preliminary Quality Management Plan that addresses the requirements of

TS 19.2.

• Proposer’s documentation resources, including all specifications and standards identified in the Technical Specifications. Proposer shall submit manual samples to meet the requirements of TS

22.1.1 addressing the manual style, format, and construction.

FC 6.3 Manufacturing capacity and capability

FC 7. Proposer shall provide a comprehensive description of its manufacturing capability, including the following:

• Identification of Proposer’s current workload, backlog, and capability to implement this order at each manufacturing facility.

• Identification of the location where the car shell will be manufactured (per Vehicle Questionnaire) and the experience level of this location in performing this type of work.

• Identification of the location where the truck frames will be manufactured (per Vehicle Questionnaire) and the experience level of this location in performing this type of work.

• Full description of the equipment, special machinery, and test facilities available at the car shell manufacturing facility.

• Location of the following test facilities:

o Carbody structural test facility;

o Truck static load and fatigue test facility; and o Climate room test facility.

• Identification of all locations where major subassembly work will be performed.

• Identification of the location of final assembly and the experience level of this location in performing this type of work.

• Identification of the location of truck assembly (per Vehicle Questionnaire) and the experience level of this location in performing this type of work.

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FC 7.1 Schedule Credibility

Schedule is of high importance in this procurement. The Proposer shall address how it intends to divide its work between NTP 1 and NTP 2 in accordance with SP 3.1.2 of the Special Provisions. Proposer shall also identify other Notices to Proceed that Proposer may request prior to NTP 2 to perform limited or discrete elements of the work. However, the schedule may not rely or be conditioned on receipt of any limited Notices to Proceed prior to NTP 2.

The Proposer shall submit a Critical Path Method (CPM) schedule indicating reasonability of achieving the key milestone dates including but not limited to the requirements of sub-section TS 20.3.2. As a minimum, the events to be included in the Proposer’s schedule are as follows (Proposer may include additional events as appropriate):

• Submittal of general arrangement drawings

• Each major subsystem contractor placed under contract

• Completion of activities associated with vehicle design

• First Article Inspections of major subsystems and components

• Commence first car shell parts manufacture

• Commence first car shell major assemblies

• Complete first bare car shell prior to painting

• Car shell static load test

• Complete first vehicle set of truck frames

• Truck frame fatigue test

• Ship first vehicle shell to final assembly site, if separated

• Commence first vehicle final assembly

• Complete equipment installation on first vehicle

• Final truck mounting on first vehicle

• First Article Inspection of first vehicle

• Shipment of first car to the vehicle maintenance facility

• Arrival of first car at the vehicle maintenance facility

• Delivery of first car to the vehicle maintenance facility

• Complete design qualification test series on first two vehicles

• Climate room qualification test

• Complete each vehicle shell

• Factory acceptance of each vehicle

• Ship each car to the vehicle maintenance facility

• Arrival of each car at the vehicle maintenance facility

• Commissioning of each vehicle

• Conditional Acceptance of each vehicle

• Reliability demonstration test

• Final Acceptance

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FC 8. Experience

FC 8.1 Past similar experience

The Proposer shall provide a description of its recent design and manufacturing experience in providing DMUs, including fleets presently under design and/or construction. Include the following for each commuter rail car order:

• Purchasing agency.

• Contact person (including phone number) at the purchasing agency. The Department may discuss the success of the procurement with each named individual.

• Order size.

• Schedule performance in delivery of the cars; i.e., original contract requirements vs. actual delivery.

• Significant differences between the commuter rail vehicle supplied and the vehicle specified herein.

• Revenue service miles accrued to date.

• Any reliability/availability data available.

• The referenced experience should demonstrate competency with FTA and Federal Railroad

Administration (FRA) laws, regulations, standards, rules, and orders.

FC 8.2 Supplier and subcontractor experience

For each Supplier/Subcontractor proposed for each item of the 14 major vehicle systems, the Proposer shall provide a description of the Supplier/Subcontractor’s relevant experience in the design and supply of that type system on commuter rail vehicles. Include the following for each major system order:

• Car builder and vehicle type;

• Purchasing agency;

• Contacts at the purchasing agency, for reference purposes;

• Model number (or other identifier) of the system provided;

• Number of units provided;

• Significant differences between the system to be supplied and the system specified by the

Department;

• Schedule performance in delivery of the system, including original promised delivery and actual delivery of systems; and

• Available reliability data.

i. History of performance: Proposer shall submit a description of the history of performance of its proposed systems and subsystems in the rail industry including but not limited to the following areas:

• Carbody

• Trucks

• Propulsion

• Auxiliary inverter/battery

• Friction braking

• HVAC

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• Communications

• Cab and trainline controls

• Door systems

• Coupler systems

• Train control

• Engine

• Power source

FC 9. Organization and Key Personnel

Proposer shall demonstrate the adequacy of its staffing plan by providing the following:

• Program organization chart, including definitions of the functions shown thereupon. The chart shall indicate the authority and placement of all key program personnel, including the Project Manager, Safety Manager, Project Lead Engineer, the System Integrator, the Quality Manager, Engineers responsible for vehicle system design including but not limited to car shell, truck, propulsion, brakes, communication systems, interior, exterior, and electrical design, etc. and lead individual responsible for operation/maintenance manual preparation. All Key Personnel specified in the RFP shall be subject to the conditions specified in SP 7.1.

• The Program organization chart must show reporting relationships among key personnel and demonstrate how key personnel will interface with the Department (including, on-site inspectors hired by the Department). Specifically, the organization chart and accompanying narrative must show how the Contractor will manage coordination with and incorporation of input from UTA.

• Descriptions of experience related to key program personnel must indicate the roles such persons played with respect to representative experience. Experience cited must include the name of the owner, the date the work was completed, contact information (including telephone number) for a current owner contact familiar with the key person's role, and a comprehensive description of the work performed.

• Key supplier/subcontractor personnel who will interface regularly with the Proposer, and who will be given significant program authority, shall also be shown on this chart.

• Engineering design manpower loading requirements vs. projected availability.

• Quality assurance manpower loading requirements vs. projected availability.

• Manufacturing manpower loading requirements vs. projected availability.

The Proposer shall provide résumés for all key personnel listed on the organization chart (including supplier/subcontractor personnel, as appropriate). Each résumé shall contain the following, in the order given below:

• Corporate title and affiliation;

• Program title;

• Relevant education;

• Relevant experience;

• Brief description of the program function to be fulfilled, including decision-making responsibilities; and

• Percentage of time dedicated to this program.

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IP12.3.3 Package 3: Price Proposal Requirements Each price proposal shall be on the prescribed Proposal form(s) and shall be for the entire Contract, including all Proposal items.

1. CER 6: Pricing Schedule

a. Base vehicle pricing: Shall be provided as specified in CER 6 Pricing Schedule, “Base

Contract” table items No 1-2. The base vehicle pricing shall include the cost of the options, which consists of the cost to the Department for owning the right to hold and exercise the options. The option cost does not include any cost of the optional vehicle or other items, but only the cost of the option itself. Proposer shall separately state the price of the option itself, for information only, as provided in IP 12.3.3(1)(d) below.

b. Optional vehicle pricing: Pricing for optional vehicles shall be provided as specified in CER 6 Pricing Schedule, “Options” table, Items No 1-2. Option prices shall represent the unit price per vehicle for providing the option vehicles. No escalation shall be included in the optional vehicle pricing, but may be applied in accordance with the escalation provision of the Special Provisions. The option vehicles shall be evaluated based on price only.

c. Optional Subsystems: Pricing for optional sub systems shall be provided, as referenced in CER 6 Pricing Schedule, “Options” table, Item No 3.

d. Options Price: Provide the separate pricing for the 40 options that is included in the base vehicle pricing. This price is for the Department’s information only and will not be added to the total cost of the options shown on CER 6. This price is only the price of the options themselves, not the cost of the optional items.

The Proposer is required to complete and execute the Department’s Pricing Schedule, contained as part of the Proposal documents, and provide it in…