Aa. RFP 269-2027-2098 Ultrasonic Testing.pdf
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- Attached to
- CATS Ultrasonic Testing Services
- Solicitation number
- 269-2027-2098
- Issued by
- Mecklenburg County, Charlotte City, North Carolina
About this file
This is a Request for Proposals (RFP) issued by the City of Charlotte, North Carolina, on behalf of the Charlotte Area Transit System (CATS) for ultrasonic rail flaw detection services on the CATS Blue Line light rail system. The procurement seeks qualified contractors to provide annual ultrasonic testing services to identify internal and surface rail defects before they compromise operational safety or infrastructure integrity. The scope encompasses approximately 40 miles of double-track mainline, yard tracks, storage tracks, siding tracks, grade crossings, interlockings, and special trackwork. Testing is scheduled to occur annually during four consecutive nights of non-revenue service hours between 12:30 AM and 4:00 AM, with CATS providing rail access and a qualified pilot. A non-mandatory pre-proposal conference is scheduled for October 7, 2026 at 10:00 AM via Microsoft Teams, with written questions due by October 2, 2026 at 3:00 PM and October 12, 2026 at 5:00 PM. Proposals must be submitted electronically through the Bonfire Procurement Portal by October 23, 2026 at 3:00 PM. The evaluation committee will assess proposals from October 23 through November 6, 2026. The contract will have an initial three-year term with an option for up to two additional consecutive one-year renewal terms at the City's discretion, contingent upon contractor performance, data quality, compliance with safety requirements, and timely reporting.
Pricing proposals must be all-inclusive and submitted using the required pricing worksheet, covering mobilization costs, daily rates, and delay rates (per hour) for the initial three-year term and optional renewal years. The RFP does not specify a payment cap amount in the template provided. Contractors must complete all required forms, including the pricing worksheet, references form (minimum three references from the past five years), proposal submission form, and acknowledgment of any contract exceptions. The City seeks contractors with relevant experience performing ultrasonic rail flaw detection for transit or railroad systems, demonstrated safety records, compliance with AREMA and APTA standards, qualified personnel with appropriate certifications, and the ability to deliver comprehensive inspection reports. The City has established a Charlotte Business INClusion (CBI) program that encourages small business enterprise (SBE) participation; however, no specific SBE subcontracting goals are listed in this solicitation. All contractors must obtain and maintain comprehensive insurance coverage, including commercial general liability of at least $1,000,000 per occurrence and automobile liability coverage, and must comply with federal transit administration requirements, OSHA regulations, and local, state, and federal laws.
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Text version
REQUEST FOR PROPOSALS
ULTRASONIC TESTING SERVICES
RFP # 269- 2027 - 2098
CITY OF CHARLOT T E
NORTH CAROLINA
SEPTEMBER 21, 2026
REQUEST FOR PROPOSALS
RFP # ULTRASONIC TESTING SERVICES
269-2027-2098
SEPTEMBER 21, 2026
Interested Company:
The City of Charlotte, North Carolina, is now accepting Proposals for Rail Geometry Testing. The requirements for submitting a Proposal are stated in the attached Request for Proposals (the “RFP”). Please review them carefully.
The City of Charlotte is using the Bonfire e-Procurement Portal (“Procurement Portal” -https://charlottenc.bonfirehub.com) to accept and evaluate proposals for this RFP. Proposals must be submitted electronically through the Procurement Portal on or before the Due Date in order to be accepted.
A Non-Mandatory Virtual Pre-Proposal Conference, for the purpose of reviewing the RFP and answering questions regarding the Services, will be held on October 7, 2026 at 10:00 AM (EST). No onsite meeting will be held and Service Provider(s) should not come to the City expecting to attend in person. While attendance at the Pre-Proposal Conference is not mandatory, all interested Service Provider(s) are encouraged to participate.
If you desire to attend this Pre-Proposal Conference, please return the Request for Proposal Acknowledgement (Required Form 1) back to Andre Branch at andra.branch@charlottenc.gov before October 5, 2026 at 5:00 PM (EST) and the link will be provided for your attendance. Please have a copy of the RFP available for reviewing during the Pre-Proposal Conference.
Proposal submissions are due no later than October 23, 2026 at 3:00PM (EST).
An electronic copy of the RFP may be obtained on the Bonfire Procurement Poral by searching for the RFP Title or Number.
RFP questions must be directed to Andre Branch, Department of Contracting and Procurement, per the enclosed instructions in Section 2.2.
Charlotte Area Transit System – Ongoing Transition. The Charlotte Area Transit System is a public transit provider that has historically operated as an enterprise department of the City of Charlotte. CATS is undergoing a transition in governance and as of January 1, 2027 will be governed as a special purpose local government known as a Metropolitan Public Transportation Authority (“MPTA”). Following this transition, CATS means all of the transit system itself, the MPTA, and the Board of Trustees of the MPTA (the “Board”). During the course of this transition, and possibly for a limited period of time afterward, the City of Charlotte may have a limited administrative role in the management of CATS. Regardless of the City’s administrative role, or lack thereof, the purchaser under this Contract is CATS. The Parties agree that if this Contract is executed by the City of Charlotte for administrative reasons, then the City may unilateral assign this Contract to the MPTA when the MPTA has taken administrative control of CATS’s contracting operations.
The City is an equal opportunity purchaser.
Sincerely, Andre Branch Transit Procurement Officer https://charlottenc.bonfirehub.com/ mailto:andra.branch@charlottenc.gov
Checklist for submitting a Proposal:
Step 1 – Read the document fully.
Step 2 – Review the solicitation timeline and upcoming events in the Procurement Portal and download copies of any documents if you plan to submit a Proposal.
Step 3 – (Optional) Submit any questions via the Procurement Portal by the deadline(s) noted for the solicitation.
Step 4 -- Conduct a thorough review of the Sample Contract. Any exceptions to the Sample Contract must be uploaded in MS Word format (with redlines/tracked changes) and/or noted on the Exceptions form found in the Procurement Portal.
Step 5 -- Monitor the Procurement Portal for any addendums and/or responses to questions.
If you plan to submit a Proposal, you must follow this checklist and include everything detailed below.
Proposal Format - Proposals should be formatted as follows:
Cover Letter per Section 4.1.1
Proposed Solution per Section 4.1.2
Section 6, Form 1, Request for Proposal Acknowledgement
Section 6, Form 2, Addenda Receipt Confirmation
Section 6, Form 3, Proposal Submission Form
Section 6, Form 4, Pricing Worksheet
Section 6, Form 5, References
Exceptions to any part of the RFP or Sample Contract (If you take any exceptions, please complete the Exceptions form found in the Procurement Portal as Additional Documentation, and offer an alternative solution.)
The above items constitute all that must be included in the Proposal. If awarded a contract, you will be required to provide an insurance certificate that meets or exceeds the requirements set forth in Exhibit A – Sample Contract (Section 12 of General Conditions).
It is the Company’s responsibility to check the City’s Procurement Portal (Bonfire) at the following link CATS Ultrasonic Testing Services for any addenda or changes to this Project.
https://charlottenc.bonfirehub.com/opportunities/255016
Table of Contents
TABLE OF CONTENTS
1. INTRODUCTION
1.1. OBJECTIVE
1.2. DEFINITIONS
1.3. ACCURACY OF RFP AND RELATED DOCUMENTS
1.4. CITY’S RIGHTS AND OPTIONS
1.5. EXPENSE OF SUBMITTAL PREPARATION
1.6. PROPOSAL CONDITIONS
2. PROCUREMENT PROCESS
2.1. SCHEDULE AND PROCESS
2.2. INTERPRETATIONS AND ADDENDA
2.3. PRE-PROPOSAL CONFERENCE
2.4. SUBMISSION OF PROPOSALS
2.5. CORRECTION OF ERRORS
2.6. EVALUATION
2.7. RESERVED
2.8. VENDOR INCLUSION
3. SCOPE OF ULTRASONIC TESTING SERVICES
4. PROPOSAL CONTENT AND FORMAT
4.1 PROPOSAL CONTENT
5. PROPOSAL EVALUATION CRITERIA
5.1 QUALIFICATIONS AND EXPERIENCE
5.2 PROPOSED SOLUTION (INCLUDING TECHNICAL APPROACH AND METHODOLOGY)
5.3 COST EFFECTIVENESS AND VALUE
5.4 ACCEPTANCE OF THE TERMS OF THE CONTRACT
REQUIRED FORM 1 – REQUEST FOR PROPOSALS ACKNOWLEDGEMENT
REQUIRED FORM 2 – ADDENDA RECEIPT CONFIRMATION
REQUIRED FORM 3 – PROPOSAL SUBMISSION FORM
REQUIRED FORM 4 – PRICING WORKSHEET
REQUIRED FORM 5 – REFERENCES FORM
SAMPLE CONTRACT
Section 1 Introduction and General Information
1. INTRODUCTION.
1.1. Objective.
The objective of this RFP is to solicit Proposals that will enable the City to determine which Company and Proposed Solution will best meet the City’s needs for Ultrasonic Testing on the Blue Line rail system.
1.2. Definitions.
As used in this RFP, the following terms shall have the meanings set forth below:
Acceptance: Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria in the Contract.
Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs services.
Biodegradable: Refers to the ability of an item to be decomposed by bacteria or other living organisms.
Charlotte Business INClusion/CBI: Refers to the Charlotte Business INClusion office of the City of Charlotte.
Charlotte Business INClusion Policy/ CBI Policy: Refers to the policy adopted by City Council, which seeks to enhance competition in contracting and procurement opportunities for SBEs located in the Charlotte Combined Statistical Area.
Charlotte Combined Statistical Area: Refers to the area consisting of the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and Union, and the South Carolina counties of Chester, Lancaster, and York;
a criterion used by Charlotte Business INClusion to determine eligibility to participate in the program.
City: Refers to the City of Charlotte, North Carolina.
City Project Manager: Refers to a specified City employee representing the City’s best interests in this Project.
Company: During the solicitation process, refers to a company that has interest in providing the Services. After the solicitation process, refers to a company that has been selected by the City to provide the Services.
Company Project Manager: Refers to a specified Company employee representing the best interests of the Company for this Project.
Contract: Refers to a written agreement executed by the City and the Company for all or part of the Services.
Deliverables: Refers to all tasks, reports, information, designs, plans, and other items that the Company is required to deliver to the City in connection with the Contract.
Department: Refers to a department within the City of Charlotte.
Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams.
Environmentally Preferable Products: Refers to products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.
Evaluation Committee: Refers to a City-appointed committee that will evaluate Proposals and identify the Company(-ies) best meeting the needs of the City.
SBE Goal: If an RFP or Contract has separate Subcontracting Goals for SBEs.
Post-Consumer Recycled Material: Refers to material and by-products which have served their intended end-use by a consumer and have been recovered or diverted from solid waste.
It does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
Project: Refers to the City’s need for a company to provide Ultrasonic Testing for the City.
Proposal: Refers to the proposal submitted by a Company for the Services as outlined in this RFP.
Recyclability: Refers to products or materials that can be collected, separated, or otherwise recovered from the solid waste stream for reuse, or used in the manufacture or assembly of another package or product, through an established recycling program. For products that are made of both recyclable and non-recyclable components, the recyclable claim should be adequately qualified to avoid consumer deception about which portions or components are recyclable.
Recycled Material: Refers to material and by-products which have been recovered or diverted from solid waste for the purpose of recycling. It does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
Services: Refers to the Ultrasonic Testing as requested in this RFP.
Small Business Enterprise/SBE: Refers to a business enterprise that is certified by the City of Charlotte under
Part E of the CBI Policy as meeting all of the requirements for SBE certification.
Specifications and Requirements: Refers to all definitions, descriptions, requirements, criteria, warranties, and performance standards relating to the Deliverables and Services that are set forth or referenced in: (i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services.
Subcontracting Goal: Refers to a SBE goal established by the City for an RFP and resulting Contract.
Trade Secrets: Information of the City or any of its suppliers, contractors or licensors that:
(i) derives value from being secret; and (ii) the owner has taken reasonable steps to keep confidential. See N.C. Gen. Stat. § 66-152 et seq. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.
Work Product: Refers to the Deliverables and all other programs, algorithms, reports, information, designs, plans and other items developed by the Company in connection with this RFP, and all partial, intermediate or preliminary versions of any of the foregoing.
1.3. Accuracy of RFP and Related Documents.
Each Company must independently evaluate all information provided by the City. The City makes no representations or warranties regarding any information presented in this RFP, or otherwise made available during this procurement process, and assumes no responsibility for conclusions or interpretations derived from such information. In addition, the City will not be bound by or be responsible for any explanation or conclusions regarding this RFP or any related documents other than those provided by an addendum issued by the City. Companies may not rely on any oral statement by the City or its agents, advisors, or consultants.
If a Company identifies potential errors or omissions in this RFP or any other related documents, the Company should immediately notify the City of such potential discrepancy in writing. The City may issue a written addendum if the City determines clarification necessary. Each Company requesting an interpretation will be responsible for submitting them per Section 2.2.
1.4. City’s Rights and Options.
The City reserves the right, at the City’s sole discretion, to take any action affecting this RFP, this RFP process, or the Services or facilities subject to this RFP that would be in the best interests of the City, including:
1.4.1. To supplement, amend, substitute, or otherwise modify this RFP, including the schedule, at any time;
1.4.2. To cancel this RFP with or without the substitution of another RFP;
1.4.3. To require one or more Companies to supplement, clarify or provide additional information in order for the City to evaluate the Proposals submitted
1.4.4. To investigate the qualifications, experience, capabilities, and financial standing of each Company submitting a Proposal;
1.4.5. To waive any defect or irregularity in any Proposal received;
1.4.6. To reject any or all Proposals;
1.4.7. To share the Proposals with City employees other than the Evaluation Committee or City advisory committees as deemed necessary;
1.4.8. To award all, none, or any part of the Services and enter into Contracts with one or more of the responding Companies deemed by the City to be in the best interest of the City, which may be done with or without re-solicitation;
1.4.9. To discuss and negotiate with any Company(-ies) their Proposal terms and conditions, including but not limited to financial terms;
1.4.10. To terminate discussions and negotiations with any Company at any time and for any reason;
1.4.11. To issue additional requests for information; and
1.4.12. To take any action affecting this RFP, this RFP process, or the Services or facilities subject to this RFP that would be in the best interest of the City.
1.5. Expense of Submittal Preparation.
The City accepts no liability, and Companies will have no actionable claims, for reimbursement of any costs or expenses incurred in participating in this solicitation process. This includes expenses and costs related to Proposal submission, submission of written questions, attendance at pre-proposal meetings or evaluation interviews, contract negotiations, or activities required for contract execution.
1.6. Proposal Conditions.
1.6.1. The following terms are applicable to this RFP and the Company’s Proposal Not An Offer.
This RFP does not constitute an offer by the City. No binding contract, obligation to negotiate, or any other obligation shall be created on the part of the City unless the City and the Company execute a Contract. No recommendations or conclusions from this RFP process concerning the Company shall constitute a right (property or otherwise) under the Constitution of the United States or under the Constitution, case law, or statutory law of North Carolina.
1.6.2. Right to Terminate Discussions.
The Company’s participation in this process might result in the City selecting the Company to engage in further discussions. The commencement of such discussions, however, does not signify a commitment by the City to execute a Contract or to continue discussions. The City can terminate discussions at any time and for any reason.
1.6.3. Trade Secrets and Personal Identification Information.
Definition.
Upon receipt by the City, all materials submitted by a Company (including the Proposal) are considered public records except for (1) material that qualifies as “trade secret” information under N.C. Gen. Stat. § 66-152 et seq. (“Trade Secrets”) or (2) “personally identifiable information” protected by state or federal law, to include, but not be limited to, Social Security numbers, bank account numbers, and driver’s license numbers (“Personally Identifiable Information” or “PII”).
Instructions for Marking and Identifying Trade Secrets.
If any Proposal contains Trade Secrets or PII, such Trade Secrets and PII must specifically and clearly be identified by clearly separating them from the rest of the Proposal and marked either “Personally Identifiable Information – Confidential” or “Trade Secret— Confidential and Proprietary Information.” This confidentiality caption must appear on each page of the Trade Secret or PII materials, and the document(s) must be submitted separately in the Procurement Portal.
Availability of Proposals to City Staff and Contractors.
By submitting a Proposal, each Company agrees that the City may reveal any Trade Secret materials and PII contained therein to all City staff and City officials involved in the selection process, and to any outside consultant or other third parties who serve on the Evaluation Committee or who are hired or appointed by the City to assist in the evaluation process.
Availability of Proposals via Public Records Requests.
Any person or entity (including competitors) may request Proposals submitted in response to an RFP. Only those portions of RFPs properly designated as Trade Secret or PII are not subject to disclosure. The public disclosure of the contents of a Proposal or other materials submitted by a Company is governed by N.C. Gen. Stat. §§ 132 and 66-152, et seq.
When determining whether to mark materials as Trade Secret, please note the following:
• Entire Proposals may not be marked as Trade Secret
• Pricing may not be marked as Trade Secret
The City may disqualify and Company that designates its entire Proposal as a trade secret, or any portion thereof that clearly does not qualify under applicable law as a Trade Secret or PII. Each Company agrees to indemnify, defend, and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the Company has designated as a Trade Secret or PII. This includes an obligation on the part of the Company to defend any litigation brought by a party that has requested Proposals or other information that the Company has marked Trade Secret or PII.
1.6.4. Statutory Requirements.
Any Contract awarded as a result of this RFP shall be in full conformance with all statutory requirements of North Carolina and all statutory requirements of the Federal Government, to the extent applicable.
1.6.5. Reservation of Right to Change Schedule.
The City shall ultimately determine the timing and sequence of events resulting from this RFP. The City reserves the right to delay the closing date and time for any phase if City staff believe that an extension will be in the best interest of the City.
1.6.6. Reservation of Right to Amend RFP.
The City reserves the right to amend this RFP at any time during the process, if it believes that doing so is in the best interests of the City. Any addenda will be posted to the Procurement Portal. Companies are required to acknowledge receipt of each addendum.
1.6.7. No Collusion or Conflict of Interest.
By responding to this RFP, the Company shall be deemed to have represented and warranted that the Proposal is not made in connection with any competing Company submitting a separate response to this RFP, and is in all respects fair and without collusion or fraud.
1.6.8. Proposal Terms Firm and Irreversible.
The signed Proposal shall be considered a firm offer on the part of the Company. The City reserves the right to negotiate price and other terms. All Proposal elements (including all statements, claims, declarations, prices, and specifications) shall be considered firm and irrevocable for purposes of future Contract negotiations unless specifically waived in writing by the City. The Company chosen for award should be prepared to have its Proposal and any relevant correspondence incorporated into the Contract, either in part or in its entirety, at the City's election. Any false or misleading statements found in the Proposal or Contract exceptions not included in the Proposal may be grounds for disqualification.
1.6.9. Charlotte Business INClusion Program.
Pursuant to Charlotte City Council’s adoption of the Charlotte Business INClusion (CBI) Policy, the CBI program seeks to enhance competition and participation of Small Business Enterprises (SBEs) in City contracting. To accomplish this, the City has examined its procurements and set specific SBE participation goals on a contract-by-contract basis. In addition, CBI makes a concerted effort to expand its certified SBE vendor pool and assist city-certified firms in growing, enhancing, and developing their businesses. CBI currently offers numerous development programs that support certified businesses in organizational training, strategic development, and networking opportunities.
The CBI Policy and CBI Manual are posted online here: www.charlottebusinessinclusion.com
To determine whether disparities exist in City contracting based on race, gender or other factors, and also to measure the effectiveness of the City’s Charlotte Business INClusion
(“CBI”) Program, the City tracks the utilization of subconsultants and suppliers on certain City contracts based on race, gender, small business status, and other factors. For analysis purposes, it is important that the City obtain this data not only for minority-owned, women-owned, and small business suppliers and subconsultants, but also for other subconsultants and suppliers. As a condition for receiving payments under this Contract, the Proposer agrees to submit any payment record into InclusionCLT, or any subsequent system designated by the City, detailing the amounts paid by the Consultant to all subconsultants and suppliers receiving payment in connection with this Contract.
City certified MWSBE firms can be found in the City’s InclusionCLT system:
https://charlotte.diversitycompliance.com/
1.6.10. Subcontracting.
The Company given contract award shall be the prime contractor and shall be solely responsible for contractual performance. In the event of a subcontracting relationship, the Company shall remain the prime contractor and will assume all responsibility for the performance of the Services that are supplied by all subcontractors. The City retains the right to approve all subcontractors. Additionally, the City must be named as a third-party beneficiary in all subcontracts.
1.6.11. Equal Opportunity.
The City has an equal opportunity purchasing policy. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by City programs. The City provides equal opportunity for all businesses and does not discriminate against any Companies regardless of race, color, religion, age, sex, and national origin or disability.
1.6.12. Title VI Solicitation Notice: Note: Unless otherwise stated herein, this section is only applicable to purchases made by or on behalf of the Aviation Department. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises or airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.
1.6.13. Use of City’s Name.
No advertising, sales promotion, or other materials of the Company or its agents or representatives may identify or reference the City in any manner absent the prior written consent of the City.
1.6.14. Withdrawal for Modification of Proposals.
Companies may change or withdraw a previously-submitted Proposal at any time prior to the Proposal due date by editing or removing their submission on the Procurement Portal.
1.6.15. No Bribery.
In submitting a response to this RFP, each Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the foregoing has bribed, or attempted to bribe, an officer or employee of the City in connection with the Contract.
1.6.16. Exceptions to the RFP.
Other than exceptions that are stated in compliance with this Section, each Proposal shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFP including the Sample Contract language. An “exception” is defined as the https://charlotte.diversitycompliance.com/
Company’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFP including in the Sample Contract. All exceptions taken must be identified and explained in writing in your Proposal and must specifically reference the relevant section(s) of this RFP. If the Company provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Company’s solution, must be described in detail.
Exceptions must be submitted under the Acknowledgement section in the Procurement Portal. If exceptions are not identified in your Proposal, they may not be considered during Contract negotiation and could result in Proposal being rejected from further consideration.
If legal counsel needs to review the Sample Contract prior to signature, reviews must be completed before your Proposal is submitted. The City reserves the right to refuse consideration of any terms not so included. Any proposed changes to the Sample Terms after tentative contract award may constitute a material change to the Company’s Proposal and be grounds for revoking the award.
The City intends to enter into a City-drafted Contract with the successful Company that contains the terms and conditions set forth in the Sample Services Contract. The number and extent of any exceptions and proposed additions to the Sample Terms will be one of the City’s evaluation criteria.
Notwithstanding the foregoing, the City reserves the right to modify the Sample Terms prior to or during contract negotiations if it is in the City’s best interest to do so.
1.6.17. Fair Trade Certifications.
By submitting a Proposal, the Company certifies that:
• The prices in its Proposal have been arrived at independently, without consultation, communication, or agreement with anyone, as to any matter relating to such prices for the purpose of restricting competition;
• Unless otherwise required by law, the prices quoted in its Proposal have not been knowingly disclosed by the Company and will not knowingly be so disclosed prior to the Proposal due date; and
• No attempt has been made or will be made by the Company to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.
1.6.18. Companies’ Obligation to Fully Inform Themselves.
Companies or their authorized representatives must fully inform themselves as to all conditions, requirements, and specifications of this RFP before submitting a Proposal.
Failure to do so will be at the Company’s own risk.
1.6.19. Environmentally Preferable Purchasing.
The City promotes the practice of Environmentally Preferable Purchasing (EPP) in acquiring products or services. Applicable EPP attributes that may be taken into consideration as environmental criterion include the following:
Recycled content Recyclability Reduced Packaging Biodegradability Compostability Reduced toxicity Energy Efficiency Water efficiency Life Cycle Management Pollution Prevention Low volatile organic compounds End-of-life management
Companies able to supply products or services containing any of the applicable environmentally preferable attributes that meet performance requirements are encouraged to offer them in the Proposal using the provided Questionnaire in the Procurement Portal. Companies must provide certification of environmental standards and other environmental claims, such as recycled content and emissions data or a formal statement signed by a senior company official.
1.6.20. Disclaimer
Each Company must perform its own evaluation and due diligence verification of all information and data provided by the City. The City makes no representations or warranties regarding any information or data provided by the City.
Section 2 Procurement Process
2. PROCUREMENT PROCESS.
This Section 2 contains information about the procurement process for this Project.
2.1. Schedule and Process.
The following chart shows the schedule of events for the conduct of this RFP. The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow:
DATE EVENT
SEPTEMBER 21,
Issuance of RFP. The City issues this RFP.
OCTOBER 2, 2026 Submission of Written Questions Prior to Pre-Proposal Conference.
Companies are permitted to submit questions for purposes of clarifying this RFP. All submissions must be pursuant to the instructions in Section
2.2 by TIME3 p.m.
OCTOBER 7, 2026 Non-Mandatory Pre-Proposal Conference to be held via Microsoft Teams indicated in Section 2.3 at 10:00 a.m.
OCTOBER 12, 2026 Submission of Questions After the Pre-Proposal Conference. Questions are due by 5:00 p.m.
OCTOBER 23, 2026 Proposal Submission. Proposals are due by 3:00 p.m. via the Procurement Portal.
OCTOBER 23 –
NOVEMBER 6, 2026
Evaluation. The Evaluation Committee will assess each Proposal and conduct evaluation activities.
TBD Services Commence. Company begins providing the Services.
2.2. Interpretations and Addenda.
There are two (2) ways to ask questions about this RFP: (1) submit a question through the Vendor Discussion section on the Procurement Portal; or (2) ask a question at the Pre-Proposal Conference.
Other than these permitted methods, Companies should refrain from contacting City staff prior to the Proposal due date. The City is not bound by any statements, representations or clarifications regarding this RFP other than those provided in writing by the Procurement Officer.
In order for questions to be addressed at the Pre-Proposal Conference, they must be submitted by 5:00 p.m. (EST) on October 5, 2026.
After the Pre-Proposal Conference, questions must be submitted in the Procurement Portal by the deadline stated in Section 2.1.
When responding to Company questions or issuing addenda to the RFP, the City will post the answer or information to the Procurement Portal.
2.3. Pre-Proposal Conference.
A Non-Mandatory Pre-Proposal Conference will be conducted on October 7, 2026 at 10:00 a.m. (EST).
While attendance at the Pre-Proposal Conference is not mandatory, all interested Companies are encouraged to attend. If special accommodations are required for attendance, please notify the City in advance through the Vendor Discussion section of the Procurement Portal.
If you desire to attend the Pre-Proposal Conference, please return the Request for Proposal Acknowledgement (Required Form 1) back to Andre Branch at andra.branch@charlottenc.gov before October 5, 2026 at 5:00 PM (EST) and the link will be provided for your attendance. Please have a copy of the RFP available for reviewing during the Pre-Proposal Conference.
mailto:andra.branch@charlottenc.gov
Section 2 Procurement Process
2.4. Submission of Proposals.
Proposals must be in the format specified in Section 4 of this RFP by October 23, 2026 on or before but no later than 3:00 p.m. (EST).
When received, all Proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. The Proposals will not be read aloud or made available to inspect or copy until any trade secret issues have been resolved.
2.5. Correction of Errors.
The person signing the Proposal must initial erasures or other corrections in the Proposal. The Company further agrees that in the event of any obvious errors, the City reserves the right to waive such errors in its sole discretion. The City, however, has no obligation under any circumstances to waive such errors.
2.6. Evaluation.
As part of the evaluation process, the Evaluation Committee may engage in discussions with one or more Companies. Discussions might be held with individual Companies to determine in greater detail the Company’s qualifications, to explore with the Company the scope and nature of the required contractual Services, to learn the Company’s proposed method of performance and the relative utility of alternative methods, and to facilitate arriving at a Contract that will be satisfactory to the City.
The City may in its discretion require one (1) or more Companies to make presentations to the Evaluation Committee or appear before the City and/or its representatives for an interview. During such interview, the Company may be required to orally and otherwise present its Proposal and to respond in detail to any questions posed. Additional meetings may be held to clarify issues or to address comments, as the City deems appropriate. Companies will be notified in advance of the time and format of such meetings.
Since the City may choose to award a Contract without engaging in discussions or negotiations, the Proposals submitted shall state the Company's best offer for performing the Services described in this
RFP.
2.7. Reserved.
2.8. Vendor Inclusion.
The City’s vendor management philosophy supports a fair, open, and inclusive process that offers the same access and information to all Companies. Although Companies are not required to be registered in the City’s vendor registration system prior to submitting a Proposal, in order to execute a contract with the City and receive payment from the City, all Companies must register with the City’s vendor registration system.
Your registration provides the City with baseline information for your company including location, contact and demographic information, as well as your areas of expertise with specific commodity and/or service descriptions. You will also have the opportunity to complete any applicable certifications if your company desires to establish itself as an SBE. The link below will provide you with the opportunity to complete your registration on-line with the City.
http://charlottenc.gov/vendors http://char/
Section 3 Scope of Services
3. SCOPE OF ULTRASONIC TESTING SERVICES.
Charlotte Area Transit System (CATS)
Ultrasonic Rail Flaw Detection Services
1. Introduction
The Charlotte Area Transit System (CATS) is seeking proposals from qualified firms to provide annual ultrasonic rail flaw detection services for the CATS Light Rail system. This program is a critical component of CATS’ infrastructure asset management and system safety strategy, supporting the continued safe, reliable, and efficient operation of the transit network.
The CATS rail system includes approximately 40 miles of double-track mainline, as well as yard, storage, siding, and special trackwork infrastructure. Through this procurement, CATS intends to partner with an experienced contractor capable of delivering industry-leading ultrasonic rail inspection services that align with applicable American Public Transportation Association (APTA), American Railway Engineering and Maintenance-of-Way Association (AREMA), and transit industry best practices.
The selected contractor will provide all labor, equipment, technology, supervision, and technical expertise necessary to identify internal and surface rail defects before they develop into conditions that could compromise operational safety or infrastructure integrity.
2. Objective
The objective of this procurement is to secure professional ultrasonic rail flaw detection services to:
• Identify internal and surface rail defects before they develop into rail failures, fractures, or derailment hazards.
• Maintain compliance with applicable APTA and AREMA track safety standards.
• Support CATS’ State of Good Repair (SGR) program objectives.
• Provide accurate and timely inspection data to support maintenance planning and capital asset management.
3. Scope of Services
The Contractor shall furnish all labor, supervision, equipment, materials, transportation, software, and technical expertise necessary to perform ultrasonic rail flaw detection services throughout the CATS Blue Line system.
Services shall include, but are not limited to, the following:
3.1 Track Mileage and Facilities
The inspection area includes:
• Approximately 40 miles of double-track mainline.
• Yard tracks.
• Storage tracks.
• Siding tracks.
• Grade crossings.
• Interlockings and special trackwork.
The Contractor shall inspect both rails along all designated track segments.
3.2 Equipment Requirements
The Contractor shall provide:
• A road-to-rail capable ultrasonic inspection vehicle suitable for operation on CATS infrastructure.
• Equipment capable of real-time ultrasonic data acquisition and analysis.
• Equipment capable of stop/start testing operations, repeat scans, and field verification of suspect indications.
• Hand-held ultrasonic testing equipment for field confirmation of identified defects when required.
All equipment shall be maintained in safe operating condition and calibrated in accordance with manufacturer recommendations and applicable industry standards.
3.3 Personnel Qualifications
The Contractor shall ensure that all personnel assigned to the project are properly trained and qualified to perform ultrasonic rail flaw detection services.
Requirements include:
• Personnel qualified in ultrasonic rail flaw detection and hand-testing procedures.
• Compliance with all applicable federal, state, and local safety regulations.
• Successful completion of CATS Rail Work Protection Program (RWPP) training prior to accessing the right-of-way.
CATS will provide RWPP training and certification prior to commencement of work.
4. Testing Schedule
Testing shall be conducted annually during non-revenue service hours over four (4) consecutive nights.
4.1 Work Window
• Testing Days: Sunday through Saturday, as scheduled by CATS.
• Testing Hours: 12:30 AM – 4:00 AM daily.
CATS reserves the right to modify the testing schedule based on operational requirements, emergencies, or maintenance activities.
CATS will provide a qualified pilot for track access and movement authorization during all testing activities.
5. Testing Methodology
All ultrasonic inspections shall be conducted using a stop/start testing protocol to ensure accurate verification of suspect rail indications.
5.1 Indication Review and Verification
When a potential rail defect is identified, the Contractor shall:
1. Stop the inspection vehicle.
2. Re-test the affected rail segment to validate the indication.
3. Perform hand-held ultrasonic verification when necessary to confirm the defect.
5.2 Defect Marking
Confirmed defects shall be physically marked on the rail using the following color code:
• White Paint: Joint bars, bolt hole indications, and defective welds.
• Yellow Paint: All other confirmed defects.
Markings shall be clear, durable, and visible to CATS maintenance personnel.
5.3 Immediate Defect Notification
The Contractor shall immediately notify the CATS Operations Control Center (OCC) of any confirmed defect requiring remedial action if a remedial action is required.
Notifications shall include:
• Track number.
• Rail designation.
• Approximate location.
• Defect classification.
• Severity assessment.
6. Data Collection and Deliverables
The Contractor shall perform real-time data monitoring and verification during all testing operations.
6.1 Nightly Deliverables
At the conclusion of each testing shift, the Contractor shall provide:
• A summary of all track segments tested.
• Documentation of all identified defects.
• Defect classification and severity.
• Rail designation and track number.
• Location information including milepost and rail side.
• Any recommended immediate maintenance actions.
6.2 Final Report
Within a timeframe specified by CATS following completion of testing, the Contractor shall submit a comprehensive final report containing:
• Complete inspection logs.
• Electronic data files.
• Summary of all inspected track segments.
• Catalog of all identified defects by location and classification.
• Field verification documentation.
• Defect marking records.
• Executive summary of findings and recommendations.
All deliverables shall be submitted in both electronic and PDF formats unless otherwise directed by
CATS.
7. CATS Responsibilities
CATS will:
• Provide Rail Work Protection Program (RWPP) training and certification.
• Provide a qualified pilot for track access.
• Coordinate track access during non-revenue hours.
• Communicate operational restrictions or conflicts that may affect testing activities.
• Provide available track charts or system maps as necessary for testing coordination.
8. Performance Requirements
The Contractor shall:
• Perform all work in accordance with AREMA, APTA, and applicable industry safety standards.
• Complete all field verification and defect marking during the assigned testing window.
• Maintain accurate, complete, and traceable inspection records.
• Ensure all work is performed safely and efficiently without disruption to CATS operations.
• Immediately report any condition determined to present an imminent safety concern.
9. Contract Term and Annual Testing Strategy
This ultrasonic rail testing program is intended to occur annually.
CATS reserves the right to renew or re-engage the selected Contractor for future inspection cycles based on:
• Contractor performance.
• Quality and accuracy of inspection data.
• Compliance with safety and operational requirements.
• Timeliness of reporting and deliverables.
10. Acceptance of Work
Work shall be considered complete upon satisfaction of the following conditions:
• All required track mileage and facilities have been inspected.
• All identified defects have been verified, marked, and reported.
• All nightly reports and final deliverables have been submitted.
• CATS has reviewed and accepted the Contractor’s final report and supporting documentation.
11. Proposal Requirements
Proposals shall include, at a minimum:
• Company qualifications and experience performing ultrasonic rail flaw detection for transit or railroad systems.
• Description of proposed inspection equipment and technology.
• Personnel qualifications and certifications.
• Proposed project schedule.
• Sample inspection reports.
• Safety program documentation.
• References from similar projects completed within the last five (5) years.
• Pricing proposal.
12. Evaluation Criteria
Proposals may be evaluated based on the following criteria:
• Relevant experience and qualifications.
• Technical approach and methodology.
• Equipment capabilities.
• Personnel experience and certifications.
• Safety record and compliance history.
• Quality of reporting and deliverables.
• Cost proposal.
• References and past performance.
13. Compliance Requirements
The selected Contractor shall comply with all applicable:
• Federal Transit Administration (FTA) requirements.
• OSHA regulations.
• AREMA standards.
• APTA standards.
• CATS safety policies and procedures.
• Local, state, and federal laws and regulations.
Section 4 Proposal Content and Format
4. PROPOSAL CONTENT AND FORMAT.
The City desires all Proposals to be identical in format in order to facilitate comparison. While the City’s format may represent departure from the Company’s preference, the City requires strict adherence to the format. All Forms and Questionnaires shall be found and submitted in the City’s Procurement Portal. The Proposal shall be submitted in the format described below:
A. Cover letter;
B. Proposed Solution;
C. Required Forms;
• The “Request for Proposal Acknowledgement” Form;
• The “Addenda Receipt Confirmation” Form;
• The “Proposal Submission” Form;
• The “Pricing Worksheet”; and
• The “References Form”.
D. Exceptions to the Remainder of the RFP, including the Sample Contract.
Companies are required to organize the information requested in this RFP in accordance with the format and instructions outlined above and detailed below. Failure to do so may result in the City, at its sole discretion, deeming the Proposal non-responsive. The Company, however, may reduce the repetition of identical information within several sections of the Proposal by making the appropriate cross-references to other sections of the Proposal. Appendices for certain technical or financial information may be used to facilitate Proposal preparation.
4.1 Proposal Content.
4.1.1 Cover Letter.
The Proposal must include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents. The cover letter shall provide the name, address, telephone and facsimile numbers of the Company along with the name, title, address, email address, and telephone numbers of the executive that has the authority to contract with the City. The cover letter shall present the Company's understanding of the Project and a summary of the approach to perform the Services.
4.1.2 Proposed Solution.
Given the purpose of this Project and the City's goals as stated in this RFP, provide a creative solution to meet such goals. For each component of the Project described in Section 3, state whether and how your Proposed Solution complies as well as any additional information requested. If you wish to add supplemental information, it shall be labeled “Supplemental Information.” Proposals, at minimum, should provide items stated in the Scope of Services (Section 11).
4.1.3 Required Forms.
To be deemed responsive to this RFP, Companies must complete, in detail, all Proposal Forms listed in Section 4 (Item C) and the Required Information section on the Procurement Portal
4.1.4 Exceptions to the RFP.
Companies must review Section 1.6.16 for an overview of Exceptions to the RFP. If you elect to take Exceptions to the RFP, including to the Sample Contract, then the Company must upload a redlined version of the RFP or Sample Contract with their proposal. If exceptions are not identified in your Proposal, they may not be considered during Contract negotiation and could result in Proposal being rejected from further consideration. If legal counsel
Section 4 Proposal Content and Format needs to review the Sample Contract prior to signature, reviews must be completed before your Proposal is submitted.
The City intends to enter into a City-drafted Contract with the successful Company that contains the terms and conditions set forth in Section 7 (“Sample Terms”). The number and extent of any exceptions and proposed additions to the Sample Terms will be one of the City’s evaluation criteria. If exceptions are not identified by way of an uploaded redline version, then they may not be considered during Contract negotiation and could result in Proposal being rejected from further consideration.
Accordingly, each Company must state specifically in its Proposal any exceptions to the Sample Terms, or any such exceptions will be waived. Any Company-proposed additional terms or conditions must also be included in the Proposal, and the City reserves the right to refuse consideration of any terms not so included. Any proposed changes to the Sample Terms after tentative contract award may constitute a material change to the Company’s Proposal and be grounds for revoking the award.
Notwithstanding the foregoing, the City reserves the right to modify the Sample Terms prior to or during contract negotiations if it is in the City’s best interest to do so.
Section 5 Proposal Evaluation Criteria
5. PROPOSAL EVALUATION CRITERIA.
Proposals will be evaluated based on the Company's ability to meet the performance requirements of this RFP.
This section provides a description of the evaluation criteria that will be used to evaluate the Proposals. To be deemed responsive, it is important for the Company to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFP. The Company’s Proposal will be the primary source of information used in the evaluation process. Proposals must contain information specifically related to the proposed Services and requested herein. Failure of any Company to submit information requested may result in the elimination of the Proposal from further evaluation.
Proposals may be evaluated based on the following criteria: relevant experience and qualifications, technical approach and methodology, equipment capabilities, personnel experience and certifications, safety record and compliance history, quality of reporting and deliverables, cost proposal, references and past performance.
Proposals will be assessed to determine the most comprehensive, competitive and best value solution for the City based on, but not limited to, the criteria below. The City reserves the right to modify the evaluation criteria or waive portions thereof. Proposals will be evaluated on the following major categories:
a. Qualifications and Experience;
b. Proposed Solution and Technical Approach;
c. Cost Effectiveness and Value;
d. Acceptance of the Terms of the Contract
5.1 Qualifications and Experience.
Companies will be evaluated based upon their understanding,…
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