Addendum #1 ITB 274-2026-21-JEJ Transit Buses.pdf

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Attached to
Transit Buses (Formal)
Solicitation number
274-2026-21-JEJ
Issued by
Wake County, Biscoe Town, North Carolina

About this file

This is an Invitation to Bid (ITB #274-2026-21-JEJ) addendum issued by the City of Raleigh, North Carolina, for the procurement of heavy-duty transit buses under a five-year contract. The City seeks to acquire fifty-three buses across three configurations: eight 35-foot low-floor CNG propulsion buses, thirty 40-foot low-floor CNG propulsion buses, and fifteen 60-foot articulated low-floor CNG propulsion buses with five doors. All buses must be new, unused, current production models manufactured in the United States in compliance with Buy America requirements and designed to meet Federal Transit Administration standards, Federal Motor Vehicle Safety Standards, and Americans with Disabilities Act requirements. A pre-bid conference is scheduled for May 7, 2026, at 10:00 AM at the City of Raleigh Municipal Building, 222 W. Hargett Street, Conference Room 503. The deadline for written questions is June 4, 2026, at 2:00 PM, and sealed bids must be received by July 9, 2026, at 2:00 PM (EDT) at the Procurement Division, Room 503. The public bid opening will occur on July 9, 2026, at 2:00 PM EST at the same location. The anticipated award date is to be announced (TBA).

Bidders must submit pricing for base buses with standard features on the provided bid form, with all prices including freight, fuel surcharges, and delivery to Raleigh, North Carolina as FOB destination. Optional equipment upgrades and training available for separate pricing include battery electric propulsion systems, BRT style packages, diesel alternatives, advanced safety features, and operator training. Bids must be submitted in sealed envelopes in hard copy format with two complete sets, and no email or fax submissions will be accepted. Required certifications include Buy America compliance (either Attachment D-3 or D-4, but not both), Transit Vehicle Manufacturer's Certification of Disadvantaged Business Enterprise compliance per 49 CFR Part 26.49, Debarment and Suspension certification for contracts exceeding $25,000, Lobbying certification for bids exceeding $100,000, and Bus Testing certification per 49 CFR Part 665. The successful bidder must furnish a 100 percent performance bond within 30 days of award and guarantee parts availability for at least 15 years after bus acceptance. Federal funding of up to eighty percent is anticipated through Federal Transit Administration grants, indicating a multi-million dollar total contract value. The procurement is subject to extensive federal and state compliance requirements including civil rights provisions, environmental protection standards, non-discrimination policies, and FTA regulations, with the City reserving the right to adjust quantities and award to multiple bidders based on evaluation results.

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INVITATION TO BID

ADDENDUM #1

BID NO.: 274-2026-21-JEJ Date Issued: May 6, 2026

BID NAME: Transit Buses

The intent and purpose of this addendum is to clarify, augment or modify the documents, specifications and/or drawings of which it is a part. This addendum shall in all cases supersede conflicting requirements of the documents, specifications and/or drawings. This addendum shall become part of the bid. Bidders shall acknowledge receipt of this addendum by signing the addendum and submitting it with their bid response. Failure to do so risks rejection of the bid.

Questions & Answers

1. The Bid Schedule has been updated to reflect the new due dates:

Action Time Date Bid issued N/A April 29, 2026 Pre-Bid Conference 10:00am May 07, 2026 Deadline for Questions 2:00pm June 4, 2026 Addendum Issuance N/A June 16, 2026 Bids Due 2:00pm July 9, 2026 Anticipated Award NA TBA

Please use the attached updated solicitation document.

Municipal Building I 222 West Hargett Street I Raleigh, North Carolina 27601 One Exchange Plaza I 1 Exchange Plaza I Raleigh, North Carolina 27601

Mailing address: City of Raleigh I Post Office Box 590 I Raleigh, North Carolina 27602-0590

BID NO: 274-2026-21-JEJ TRANSIT BUSES

The due date is Thursday, July 9, 2026 at 2pm.

For inquiries regarding this addendum, please contact Eric Johnson, Procurement Analyst by e-mail: Eric.Johnson@raleiqhnc.gov

END OF ADDENDUM #1

SIGN BELOW AND RETURN THIS ADDENDUM WITH YOUR BID RESPONSE.

BUSINESS NAME: DATE:

AUTHORIZED SIGNATURE: TITLE: _

Municipal Building I 222 West Hargett Street I Raleigh, North Carolina 27601 One Exchange Plaza I 1 Exchange Plaza I Raleigh, North Carolina 27601

Mailing address: City of Raleigh I Post Office Box 590 I Raleigh, North Carolina 27602-0590 mailto:Eric.Johnson@raleiqhnc.gov

Invitation to Bid (ITB)

#274-2026-21-JEJ

TRANSIT BUSES

Notice is hereby given that the City of Raleigh, North Carolina, is seeking sealed bids and, subject to the terms and conditions herein, will be received by the City of Raleigh at the Office of the Procurement Division, Room 503. The sealed bids for Transit Buses will be publicly opened as described herein.

The responsibility for submitting a response to this ITB at the City of Raleigh, Procurement Division on or before the stipulated time and date will be solely and strictly the responsibility of the bidder.

Any proposals received after stipulated time and date will not be accepted, nor opened, and will be returned. The time stamp located in the Procurement Division shall be the official time of receipt.

BIDS WILL BE ACCEPTED UNITL 2:00 PM (EDT), THURSDAY, JULY 9, 2026

Bids should be addressed to:

City of Raleigh – Procurement Division

Attn: Eric Johnson - Procurement Analyst Eric.Johnson@raleighnc.gov

Hand-Deliver to: 222 W. Hargett Street, 5th Floor, Ste. 502, Raleigh, NC 27601 or Mail to: PO Box 590, Raleigh, NC 27602

PUBLIC BID OPENING WILL BE HELD AT THE RALEIGH MUNICIPAL

BUILDING, 222 W. Hargett Street., RM 503, Raleigh, North Carolina, at 2:00PM EST

ON THURSDAY, JULY 9, 2026.

mailto:Eric.Johnson@raleighnc.gov

BID RESPONSE FORM

Bid No.: 274-2026-21-JEJ Bid Title: TRANSIT BUSES

Pursuant to General Statutes of North Carolina, Section 143-129, as amended, sealed bids are invited and, subject to the conditions herein, will be received by the City of Raleigh Procurement Division. The sealed bids will be publicly opened for furnishing the apparatus, supplies, materials equipment and/or repair work and services as described herein.

In compliance with this Invitation for Bids, and subject to all the conditions thereof, the undersigned Supplier offers and agrees, if this bid be accepted, to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, the undersigned Supplier certifies that this bid is submitted competitively and without collusion.

Furthermore, by executing this bid, the undersigned certifies to the best of Supplier’s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

Failure to execute/sign bid prior to submittal shall render the bid invalid, and it WILL BE DEEMED NON- RESPONSIVE and WILL BE REJECTED. Late bids cannot be accepted.

SUPPLIER NAME:

STREET ADDRESS:

CITY & STATE: STATE: ZIP CODE:

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF SUPPLIER:

SUPPLIER’S AUTHORIZED SIGNATURE: DATE:

CONTACT NAME (if different from above):

EMAIL ADDRESS TELEPHONE NUMBER:

OFFER VALID FOR AT LEAST 90 DAYS FROM DATE OF BID OPENING

CITY OF RALEIGH

NON-DISCRIMINATION ASSURANCES

To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to the extent permitted by law, to conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract.

SIGNATURE: _____________________________________

(President/Authorized Officer)

TITLE:

DATE:

BID 274-2026-21-JEJ

TRANSIT BUSES

PRE-BID MEETING

THURSDAY, MAY 7, 2026, 10:00 AM

222 W. HARGETT ST., CONFERENCE ROOM 503

RALEIGH NC 27601

A pre-bid meeting will be held at the time and place as stated above to discuss the specifications for the purchase of the above-listed equipment. Attendance at the pre-bid meeting is not mandatory for submitting a bid proposal;

however, all interested parties should make every attempt to have a representative present.

Questions or information needed for clarification may be emailed prior to the pre-bid meeting to the City of Raleigh Bid Agent at Eric.Johnson@raleighnc.gov or presented in writing at the pre-bid meeting. All items of concern will be discussed at the pre-bid meeting. Any changes to the specifications will be made in the form of an addendum and sent to all potential bidders.

mailto:Eric.Johnson@raleighnc.gov

City of Raleigh Transit Buses

BID No: 274-2026-21-JEJ

BID FORM

GROUP EST

QTY UOM DESCRIPTION UNIT PRICE EXTENDED PRICE

1.1 8 Each

35’ Heavy Duty, Low-floor, CNG Propulsion System Bus Per the following requirements and specifications

1.2 30 Each

40’ Heavy Duty, Low-floor, CNG Propulsion System Bus Per the following requirements and specifications

1.3 15 Each

60’ Heavy Duty, Low-floor, CNG Propulsion System Bus w/5 doors Per the following requirements and specifications

TOTAL EXTENDED PRICE FOR ALL ITEMS

FOB DESTINATION, RALEIGH, NC

NOTICE TOBIDDERS: Do not include taxes in your bid pricing. Any and all t ax imposed upon any article on which you are bidding are only to be shown as separate line items on invoices, and in no case are taxes to be included with your bid price. Failure to comply with these conditions will be considered grounds for rejection.

EMAIL AND FAX COPIES OF BIDS ARE NOT

ACCEPTABLE

POSITIVELY NO BIDS CONSIDERED UNLESS SUBMITTED ON THIS

FORM

COMPANY:

DATE:

AUTHORIZED SIGNATURE:

TITLE:

CITY OF RALEIGH INSTRUCTIONS TO BIDDERS

Carefully review all provisions and attachments of this document prior to completion. Each bid constitutes an offer and may not be withdrawn except as provided herein.

1. PURPOSE:

The purpose of this document is to provide general and specific information for the use by suppliers in submitting a bid to supply the City of Raleigh with apparatus, supplies, material and equipment, and /or services listed above. All bids and contracts are governed by City policy, and /or by Section 143-129 of the North Carolina General Statutes.

2. BID CONTACT:

Any and all questions, concerns, or request for additional information shall be directed to the City of Raleigh, Procurement Division to the attention of the Bid Agent as indicated below:

Bid Agent: Eric Johnson

Procurement Analyst Email: Eric.Johnson@raleighnc.gov

3. BID SCHEDULE:

Listed below are the dates and times by which stated actions must be taken or completed. The City may determine, in its sole discretion, that it is necessary to change any of these dates and times. All listed times are Eastern standard times.

Action Time Date

Bid issued N/A April 29, 2026 Pre-Bid Conference 10:00am May 07, 2026 Deadline for Questions 2:00pm June 4, 2026 Addendum Issuance N/A June 16, 2026 Bids Due 2:00pm July 9, 2026 Anticipated Award NA TBA

4. PRE-BID CONFERENCE:

If a pre-bid meeting is scheduled, the pre-bid meeting will be held at the time and place as stated above to discuss the specifications. Attendance at the pre-bid meeting is not mandatory for submitting a bid; however, it is highly encouraged.

Questions or information needed for clarification may be emailed prior to the pre-bid meeting to the Bid Agent as indicated in Section 2 above or presented in writing at the pre-bid meeting. All items of concern will be discussed at the pre-bid meeting. Any changes to the specifications will be made in the form of an addendum and posted to the North Carolina electronic Vendor Portal (eVP) website: https://evp.nc.gov/

5. BIDDER QUESTIONS:

The City is not liable for interpretations/misinterpretations or other errors or omissions made by the Bidder in responding to this bid. The Bidder shall examine this bid to determine if the City’s requirements and terms and conditions are clearly stated. If, after examination of the various requirements and terms and conditions of this bid, the Bidder believes there are any requirements or terms and conditions which remain unclear or which restrict competition, the Bidder may request, in writing, that the City clarify the requirement(s) and terms(s) and condition(s) specified by the Bidder. The Bidder must provide the Section(s), Subsection(s), Paragraph(s), and page number(s) that identify the requirements or conditions questioned by the Bidder.

Requests for clarification and technical questions to this bid must be received by the City not later than the bid schedule shown above in Section 3, entitled “Bid Schedule”, for the submittal of written inquires. The Bidders’ failure to request clarification and submit questions by the date in the bid schedule above shall be considered to constitute the Bidders’ acceptance of all City’s requirements and terms and conditions. The City shall issue addenda reflecting questions and answers to this bid, if any, and shall be posted to the North Carolina electronic Vendor Portal (eVP) website: https://evp.nc.gov/

6. ADDENDUM:

Bidders are solely responsible for making sure that any and all addenda have been received prior to submission of their bid. The All addenda to this bid issued by the City shall be posted to the North Carolina electronic Vendor Portal (eVP) website:

mailto:Eric.Johnson@raleighnc.gov https://evp.nc.gov/ https://evp.nc.gov/. All such addenda shall become part of the bid. Bidder is to sign any and all addenda issued for the bid and submit it with the bid. Failure to do so risks rejection of the bid.

7. HOW TO PREPARE BID:

Bidders are encouraged to review carefully all provisions and attachments of this document prior to completion. Each bid constitutes an offer and may not be withdrawn except as provided herein. Also, prices are to remain firm for the period stated herein.

a) BID FORM: Submit all prices and offers on the BID FORM(s) provided herein. All bid must be submitted and signed by the supplier or his authorized representative with all erasures or corrections initialed and dated by the authorized representative of the proposal.

b) SIGNATURE: All bids must be signed by an authorized official of the company on the Bidders Signature Page. A bid may be rejected if it shows omissions, alterations of form, additions not called for, conditional bid, or any irregularities.

c) TAXES: Do not include taxes in your bid prices. Taxes must be itemized and added to invoices separately when invoicing the City. The City is required to pay sales tax. The City is exempt from Federal Excise Tax and has a Federal Tax number.

d) NON-DISCRIMINATION: The NON-DISCRIMINATION ASSURANCES form included in the bid package is a condition of the bid and must be completed and signed by the bidder.

e) MWBE POLICY: The City of Raleigh prohibits discrimination in any manner on the basis of race, color, creed, national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The City of Raleigh encourages participation by certified minority and women-owned businesses. If there are any questions, Contact the MWBE Program Manager, PO BOX 590 Raleigh, NC 27602, mwbe@raleighnc.gov, or 919-996-4330.

f) SUSTAINABILITY: In accordance with the City of Raleigh 2007-2009 City Council Mission Statement, the City recognizes its responsibility to minimize negative impacts on human health and the environment while supporting a diverse, equitable, and vibrant community and economy. The City recognizes that the types of products and services the City buys have inherent social, human health, environmental and economic impacts, and asks that all Suppliers and bidders providing and proposing products and services to the City, be mindful of the City’s Sustainability Policy and provide and propose products and services that embody the City’s commitment to sustainability whenever possible.

g) IRAN DIVESTMENT:

Bidder certifies that it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. § 147-86.59, CONTRACTOR shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List.

h) COMPANIES THAT BOYCOTT ISRAEL:

The bidder certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81.

8. HOW TO SUBMIT BID:

a) SUBMIT SEALED BIDS ON THE BID FORM PROVIDED HEREIN.

b) Provide (2) complete sets of your bid on the BID FORM PROVIDED HEREIN in hard copy paper format (on 8- 1/2” x 11” size paper, only bound with a single staple in the upper left corner or with a single removable clip— no 3-ring binders) and must be SEALED in an envelope. NO EMAIL OR FAX BIDS WILL BE ACCEPTED. All Formal Bids (estimated to be greater than $90,000) must be submitted in a sealed opaque envelope, plainly marked with the bid number, and date and time to be opened as shown below.

c) All bids must be mailed or delivered as follows in sufficient time to ensure receipt by the Procurement Manager or Bid mailto:mwbe@raleighnc.gov

Agent on or before the time and the date specified on the Bid Schedule. Bids not received by the time and date specified on the Bid Schedule will not be opened or considered, unless the delay is a result of the negligence of the City of Raleigh, its agents, or assigns.

DELIVERED BY US POSTAL SERVICE DELIVERED BY ALL OTHER MEANS

City of Raleigh City of Raleigh ATTN: Eric Johnson ATTN: Eric Johnson PO Box 590 222 W. Hargett Street Suite 502 Suite 502 Raleigh, NC 27602-0590 Raleigh, NC 27601 Bid No. 274-2022-03-FC Bid No. 274-2022-03-FC

9. BID OPENING:

a) All bids will be opened and read at the time and place shown on the Bid cover page. No official award will be made at the Bid Opening. All bidders are welcome to attend the bid opening. LATE BIDS WILL NOT BE OPENED OR

ACCEPTED.

b) Bidders may not review or request copies of bids at the Bid Opening. A time must be scheduled to meet with the

Procurement Manager and/or Bid Agent for this purpose.

c) Bids will be examined by the Procurement Manager and/or Bid Agent and the using department officials promptly after the opening and an award made at the earliest possible date. No bids may be withdrawn after bid opening.

10. AWARD OF BID:

d) Standard of Bid Award Acceptance: The City reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the City of Raleigh. The award shall be made to the lowest, responsive, responsible bidder, or bidders, taking into consideration quality, performance and the time specified in the bid for the performance of the contract.

e) Bid Prices: All items and products proposed in response to this Bid are to be new, in un-used condition unless otherwise noted in the Minimum Specifications. All prices proposed in response to this Bid are to include all transport, freight and fuel surcharges, and be delivered FOB destination, freight prepaid and allowed to the location provided on the City Purchase Order. All items are to be packaged, and shipped or delivered safely in a protective carton, fully assembled and serviced, ready for use and operation. Bidders must submit product literature and manufacturer’s specifications with their bid proposal. All supplies, equipment, and apparatus must meet all Federal, State, and Local safety regulations, requirements, and guidelines, such as OSHA, EPA, US DOT, NC-DOT, NFPA, UL, etc., if so regulated.

f) Order of Precedence: In cases of conflict between sections and provisions within the Bid document, the Order of

Precedence will be 1) the Special Conditions section specific to the Bid; 2) the Minimum Specifications section specific to the Bid, 3) the City of Raleigh Terms and Conditions; and 4) the Instructions to Bidders section of the Bid document.

g) Payment Terms: Payment terms of Net 30 days from the date of receipt of invoice, or upon acceptance of goods whichever is later, will apply to all invoices. Payment term discounts will be allowed for prompt payments, but will not be a consideration for award. All invoices are to be emailed to accountspayable@raleighnc.gov , or delivered to City of Raleigh, Accounts Payable Division, PO Box 590, Raleigh, NC 27602-0590.

h) Bid Award Approval: The City Manager has delegated authority from the City Council to award bids for supplies, equipment, and apparatus greater than $90,000. Bids will be approved and awarded by the City Manager upon the recommendation by the Procurement Manager.

11. OBJECTION TO THE SPECIFICATIONS:

It is not the intent of the bid specifications to exclude or limit competition, or favor any particular supplier or product. If there is an objection to any of the specifications or requirements listed herein, the bidder must notify the City of Raleigh Procurement Manager, in writing, stating and listing the specifications and objections, no later than five (5) working days prior to the bid mailto:accountspayable@raleighnc.gov opening date. If a pre-bid meeting has been scheduled, any objections must be presented in writing at that time. The objections stated must pertain both to form and substance of the bid document. Failure to object in accordance with the above procedure shall constitute a waiver on the part of the bidder to protest the solicitation. All concerns, questions, clarifications, or other correspondence must be directed only to the City of Raleigh Procurement Manager. Information obtained from other sources will not be considered in the evaluation and award of this bid.

12. SUBMITTING A PROTEST TO THE BID AWARD:

A Bidder wishing to express a concern or complaint, and file a protest to a Bid Award, must submit in writing the reasons, information, and documentation for the protest, to the Procurement Manager within 48 hours from the date of the Notice of Intent to Award. In the event of a protest, the Procurement Manager will notify the Chief Financial Officer and the City Manager of the protest, and provide the information for both the recommended award and the protest. The City Manager will make a final decision for the bid award. The protesting bidder may appeal the decision to the City Council.

13. FAILURE TO BID:

If the bid is not submitted, bidder should return the attached “NO BID RESPONSE” sheet, stating the reasons therefore, and indicate whether the business should be retained or removed from the City’s Bidder’s list.

14. ERRORS IN BIDS:

Bidders or their authorized representatives are expected to understand the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidders owns risk. In case of an error in the extension of prices on the bid, the unit price shall govern.

15. ALTERNATE BIDS:

DO NOT submit alternate bids unless called for on the bid proposal form. Alternate bids are those that are not identical by manufacturer and model to what is specified or has substantially different specifications. When alternate bids are requested, the bidder must submit documentation as a part of the bid to show that the product is comparable to the item(s) referred to in the specifications. Bidders may submit multiple bids on various manufacturers’ brands/models meeting specifications if no specific manufacturer/model has been specified.

16. BID OPTIONS:

The City reserves the right to request pricing on optional equipment or additional items along with the pricing for the main or primary product or items. At the discretion of the City, some or all of the options requested may or may not be added and purchased based upon necessity and the availability of budgeted funds. The Bid Award will be made to the lowest responsible bidder for the main or primary product or items listed on the Bid Proposal Form. Pricing for any additional options will be requested in a separate section of the bid and will not be included in the determination of the Bid Award.

17. QUANTITIES:

The City of Raleigh reserves the right to adjust quantities as needed, and to add additional items and/or products as needed, as determined to be in the best interest of the City. The quantities stated herein, for term or multi-year contracts are estimated, and may change to be more or less over the term of the contract.

18. PRICE ADJUSTMENTS:

For Bids with fixed price purchases, it is the City’s intent to award a one-time contract to purchase equipment and includes optional installation.

Any price increase or decrease will be adjusted to the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor, or other appropriate agreed upon price index. The amount of the increase or decrease will be determined by the difference between the latest price index available ninety

(90) days prior to the end of the current contract year in effect, and the price index for the same month one year prior.

Any requested price increase must be fully documented and submitted to the Bid Agent or the Procurement Manager at least sixty (60) days prior to the bid contract expiration date. Any approved price adjustment (increase or decrease) will then become effective beginning the next term period.

The City reserves the right to accept or to refuse any documented price adjustment submitted by the Supplier/contractor for any reason as determined to be in the best interest of the City. In the event the City does not accept the proposed price adjustment for the extended term, the Bid contract will not be renewed, and the City will rebid the product or item(s). Any Bid contract extension is subject to the continuation of need and usage by the City and the appropriation of funds.

19. TRADE SECRETS:

This Bid document and all Bidders’ responses and proposals received are considered public information, except for trade secrets specifically identified in writing by the Bidder, which will be handled according to State Statute or other laws. Any section of the bidder’s response package that is deemed to be a trade secret by the bidder shall be submitted in an envelope clearly marked “TRADE SECRET INFORMATION- DO NOT DISCLOSE.” The City shall make a good faith effort to protect such confidential information.

20. BID TABULATIONS:

Bidders wishing to obtain a bid tabulation prior to the award of the bid may view and download tabulations from the North Carolina electronic Vendor Portal (eVP) website: https://evp.nc.gov/. From the City’s homepage, select the following in order to view bid tabulations: Business and Development, Bids and RFP’s / RFQ’s, select the link to the North Carolina Interactive Purchasing System, Search Bid Number, enter the desired bid number, and select Search. Bid tabulations only reflect the bids as read at the time of the bid opening and should not be considered an award.

21. ELECTRONIC PURCHASE ORDERS AND INVOICES:

The City expanded its electronic ordering and payment capabilities with additional eProcurement software that provides an “eMarket” with shopping-cart functionality for use by the City departments. The City’s “RPOD Market” makes ordering and requesting purchase orders easier, and improves the efficiency of the City’s accounting and payment system through the utilization of electronic methods for the delivery of purchase orders and the receiving of supplier cXML invoices. Jaggaer is the City’s eProcurement solution provider.

Supplier must have the ability to punch-out from mainstream e-Procurement or Enterprise Resource Planning (ERP) systems, preferably Jaggaer’s web-based application for electronic delivery and receipt of purchase orders and invoices. There are no fees or costs to suppliers for the use of this application.

Jaggaer will provide the technical requirements to integrate the data necessary to electronically deliver and receive purchase orders from the City and send invoice(s) to the City.

22. TERMS AND CONDITIONS:

Acceptance of the City’s Purchase Order includes acceptance of all applicable Terms and Conditions. Please see Attachment E.

The City of Raleigh Purchase Order Terms & Conditions.

The Remainder of this Page Intentionally Left Blank

GENERAL CONDITIONS

1. GENERAL:

The City of Raleigh seeks to establish a five-year contract for the purchase of new heavy-duty transit buses designed to support fixed-route transit operations. The City intends to procure a combination of vehicle types and propulsion technologies to meet current and future service needs, improve operational flexibility, and support long-term fleet sustainability goals.

Buses may include diesel, compressed natural gas (CNG), battery electric, and articulated vehicles. The City anticipates ordering vehicles in multiple lengths, including approximately 35-foot, 40-foot, and 60-foot articulated buses, over the term of the contract. The contract may be used to issue multiple purchase orders during the five-year period, with quantities, propulsion types, and configurations determined based on funding availability, service needs, and fleet replacement schedules. Individual Bid Awards may be made to different bidders based on pricing and availability by bus type/length.

All buses shall be new, unused, current production models specifically designed for heavy-duty transit service and manufactured in the United States in compliance with Buy America requirements. Vehicles must meet or exceed all applicable Federal Transit Administration requirements, Federal Motor Vehicle Safety Standards, and the Americans with Disabilities Act.

The City seeks buses that maximize passenger comfort, safety, accessibility, and reliability, while providing efficient operating characteristics and reasonable lifecycle costs. Vehicles shall incorporate modern design, proven technology, and industry-standard safety features. Buses shall be delivered fully assembled, tested, and ready for revenue service.

These specifications represent minimum requirements. Where specific requirements are not identified, bidders shall describe their standard offering. Any exceptions or deviations from the specifications must be clearly identified and explained in the proposal. Manufacturer literature and technical documentation shall be included as part of the bid.

Only proposals for complete vehicles will be accepted.

2. INFORMATION AND DESCRIPTIVE LITERATURE:

Bidder shall furnish all information requested and, in the spaces, provided in this document. Further, if required elsewhere in this bid, each bidder shall submit with their bid all drawings/sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid or available elsewhere will not satisfy this provision. Bids that do not comply with these requirements shall constitute sufficient grounds to reject the bid.

3. EXCEPTIONS TAKEN TO SPECIFICATIONS:

Bidders must note clearly any and all exceptions taken to the specifications as an attachment. The specifications were not written to intentionally eliminate any one bidder, but to be used as a guide for the size and quality of the equipment requested. In some instances, a particular manufacturer and model may be specified with or without an approved equal. It is noted that different manufacturers will have differences in engineering and design of equipment. Bidders must note these differences as an “Exception” and attach detail information explaining how the exception is “equal to” or “exceeds” the intent of the specification. All exceptions and items submitted as an equal will be evaluated. The City reserves the right to reject any and all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the City of Raleigh. All Exceptions taken to the specifications must be explained in detail on an attached sheet and submitted with your bid.

4. PRICE SCHEDULE:

Submit all prices on the “Price Schedule” provided herein as Attachment A. All prices must be submitted on the

Price Schedule and included with the supplier’s signed bid. Prices for base Buses with standard features and additional options/upgrades are listed hereinas Attachment A entitled "Price Schedule." As new technology unfolds, options/upgrades will be updated on Attachment A. The successful Bidder should add sales tax to their invoice when billing the Procuring Agencies, unless a sales tax exemption certificate is presented at time of invoicing on any Purchase Order placed by a Procuring Agency based on the results of this solicitation process.

SPECIAL CONDITIONS

The Special Conditions for the Transit Buses to be provided under Invitation to Bid No. 274-2026-21- JEJ are attached as Attachment F and are incorporated herein.

~ Remainder of page intentionally left blank ~

ATTACHMENT A: PRICE SCHEDULE

1. BASE BUS WITH STANDARD FEATURES:

ITEM DESCRIPTION UNIT PRICE EXTENDED

AMOUNT

1.1 35’ Heavy Duty, Low-floor, CNG Propulsion System Bus $ $

1.2 40’ Heavy Duty, Low-floor, CNG Propulsion System Bus $ $

1.3 60’ Heavy duty, Low-floor, CNG Propulsion System Bus 5 door $ $

1. OPTIONAL EQUIPMENT UPGRADES AND TRAINING:

ITEM DESCRIPTION UNIT PRICE

2.1 BRT Style Package $

2.2 35’ Diesel $

2.3 40’ Diesel $

2.4 35’ Battery Electric Propulsion System with 2 weeks onsite training $

2.5 40’ Battery Electric Propulsion System with 2 weeks onsite training $

2.6 60’ Battery Electric Propulsion System with 2 weeks onsite training 5 door $

2.7 All Electric HVAC $

2.8 Air Disc Brakes $

2.9 Open Payment farebox equipment $

2.10 Additional extended range battery pack for Electric bus $

2.11 Operator Training (8 hour class) $

2.12 Maintenance Technical Training (24 hour class) $

2.13 Complete Set of Maintenance Training Aids $

2.14 MOBILE RADIO SYSTEM

A separate 2-way radio shall be provided. A12V-40A Direct from Battery & 12V- 10A thru ignition electrical circuit shall be provided to between the radio power supply in the electrical cabinet and the control head. A Radio control head mounting plate shall be installed on the right side of the driver’s dash in a location to provide easy access for driver operation. A hand-held mic and storage clip shall be provided. Radio must be capable of operating on 800-megahertz system

2.15 GRAPHICS

A vinyl wrap shall be installed that matches the current GoRaleigh brand as determined at the pre-production meeting. Two (2) reflective GoRaleigh logos shall be installed on the curbside and streetside panels of the bus. GoRaleigh logos shall be installed on the curbside and streetside of the roof rails.

2.16 Luminator INFO transit internal Digital Display Monitors (2) $

2.17 CAD AVL System – System must integrate to the ITS CAD/AVL provided by Clever Devices. Existing products such as CleverCAD, CleverAVM and radio integration systems must be supported.

Onboard hardware to include:

o IVN Vehicle Logic Unit o Include power/and any/all wiring harness to connect to the IVN unit o TCH Transit Control Head o URLC Radio Logic Controller o Internal LED sign o Cellular Router w/2 WLAN cards, 2 cellular? To support Verizon 4G

LTE and 5G o Single Point log-in to include [at minimum]:

Pre-trip/Post-trip, Farebox integration, Destination Sign integration

2.18 Full Color Optional Destination Signs

2.19 Full Camera System with up to ten (10) cameras and minimum 8 terabyte hard drives [This is a secondary option to bid. Please name product being bid]

2.20 Collision Warning Technology Systems [Provide 2 pricing options]

• Option One:

• Option Two:

2.21 Intelligent Leveling Technology $

2.22 QR/barcode validator/reader also support; NFC (MIFARE / ISO 14443), and Bluetooth validation technologies and is EMV L1 and L2 certified [Provide 2 pricing options]

2. DELIVERY TIME:

ITEM DESCRIPTION DAYS ARO

3.1 Maximum number of days for competition and delivery of buses after receiving City Purchase Order.

NOTICE TO BIDDERS

All Optional pricing includes installation labor.

Do not include taxes in your bid proposal pricing. All tax imposed upon any article on which you are bidding are only to be shown as separate line items on invoices, and in no case are taxes to be included with your bid price.

ATTACHMENT B: REFERENCES FORM

Provide at least three (3) references, other than the City of Raleigh, for which your company has provided goods and services of substantially the same features and quantity to those solicited herein. References shall be checked during the evaluation period to determine that the goods provided are substantially similar to those bid herein and that the supplier’s performance has been satisfactory. Information obtained will be considered in evaluation of the bids. Bidders are cautioned to provide accurate information. Misleading information presented in the references may result in a rejection of the proposal.

Agency or Company Name:

Business Address:

Contact Person:

Contact Telephone Number:

Contact E-Mail Address:

Contact Person:

Contact Person:

ATTACHMENT C: VEHICLE TECHNICAL

TECHNICAL INFORMATION FORM

This is needed for the base bus in 60’ lengths. (Check One)

1.1 60’ Heavy Duty, Low-floor, CNG Propulsion System w/ (8) 85" Type III Fuel Tanks Bus

1.1.1 60’ Heavy Duty, Low-floor, Battery Electric Propulsion System

1.1.2 60’ Heavy Duty, Low-floor, Fuel Cell Propulsion System

A. BUS MANUFACTURER

a. Bus Model:

B. UNDERSTRUCTURE MANUFACTURER

a. Model Number:

C. BASIC BODY CONSTRUCTION

a. Type:

b. Tubing or frame member Thickness & Dimensions:

i. Overstructure

ii. Understructure

c. Skin Thickness and Material:

i. Roof

ii. Sidewall

iii. Skirt Panel

iv. Front End

v. Rear End

d. Flooring:

i. Material

ii. Thickness

iii. Manufacturer

e. Fuel Tank(s):

i. Capacity

ii. Material

iii. Thickness

iv. Manufacturer

D. DIMENSIONS (See 1.69.11)

a. Overall Length:

i. Over Bumpers Ft. In.

ii. Over Body eFt. In.

b. Overall Width:

i. Over Body excluding Mirrors In.

ii. Over Body including Mirrors - driving position In.

c. Overall Height:

i. Overall Height (maximum) In.

ii. Overall Height (main roof line) In.

d. Angle of Approach: Deg.

e. Breakover Angle: Deg.

f. Angle of Departure: Deg.

g. Doorway Dimensions:

i. Clear Door Width Front: In. Rear: In.

ii. Doorway Height Front: In. Rear: In.

iii. Knuckle Clearence Front: In. Rear: In.

h. Step Height from Ground (measured at center of doorway with bus empty: (See 1.69.11)

i. Kneeled Front Step

ii. Unkneeled Front Step

In. Rear Step In. Rear Step

In.

i. Interior Head Room (center of aisle): (See 1.69.11)

i. Front Axle Location In.

ii. Drive Axle Location In.

j. Aisle Width Between Transverse Seats: (min. - See 1.69.11)

i. Lower Floor In.

ii. Upper Floor In.

k. Floor Height Above Ground: (centerline of bus – See 1.69.11)

i. at Front door In.

ii. at Rear door In.

l. Minimum Ground Clearance: (between bus and ground, with bus unkneeled – See 1.69.11)

i. Excluding Axles In.

ii. Including Axles In.

m. Horizontal Turning Envelope: (see diagram below and 1.69.11)

i. Outside Body Turning Radius (including bumper), TR0 Ft. In.

ii. Front Inner Corner Radius, TR1 Ft. In.

iii. Front Wheel Inner Turning Radius, TR2 Ft. In.

iv. Front Wheel Outer Turning Radius, TR3 Ft. In.

v. Inside Body Turning Radius (including bumper), TR4 Ft. In.

n. Wheelbase: (See 1.69.11) In.

o. Passenger Capacity Provided: (1.69.11)

i. Total Maximum Seating

E. WEIGHT OF BUS (See 1.69.11)

Front Axle

Rear Axle

No. of People

Left

Right

Total

Left

Right

TOTAL BUS

Empty Bus (w/Full Fuel & Farebox)

Fully Loaded Bus, Standee (w/Full Fuel & Driver)

Fully Loaded Bus, Standee + Seated (w/Full Fuel & Driver)

GVWR

GAWR

F. ENGINE, MAIN (See 1.71)

a. Manufacturer:

b. Type:

c. Model No.:

d. No. of Cylinders:

e. Net S.A.E. Horsepower: HP at RPM

f. Net S.A.E. Torque: lb. ft.at RPM

g. Crankcase Oil Capacity: gals.

h. Turbocharger, Make & Model:

i. Speed at Idle: RPM

j. Speed at Fast Idle: RPM

G. VOLTAGE REGULATOR

b. Model:

H. VOLTAGE EQUALIZER

b. Model:

I. ALTERNATOR

b. Type:

c. Model:

d. Output at Idle: Amps

e. Output at Maximum Speed: Amps

f. Maximum Warranted Speed: rpm

g. Speed at Idle: rpm

h. Drive Type:

J. STARTER MOTOR

c. Model:

K. COOLING SYSTEM (See 1.71.4)

a. Radiator/Charge Air Cooler:

i. Manufacturer /

ii. Type /

iii. Model Number /

iv. Number of Tubes /

v. Tubes Outer Diameter In. / In.

vi. Fins Per Inch Fins / Fins

vii. Fin Thickness In. / In.

b. Total Cooling and Heating System Capacity: Gals.

c. Radiator Fan Speed Control: Type

d. Surge Tank, Capacity: Qt.

e. Engine Thermostat Temperature Setting:

i. Initial Opening °F

ii. Fully Closed °F

f. Overheat Alarm Temperature Sending Unit setting:

g. Shutdown Temperature Setting: _____________°F

___________°F

L. TRANSMISSION (See 1.71.6)

b. Type:

c. Model Number:

d. Speeds:

e. Gear Ratios: Forward Reverse

f. Shift Speeds:

i. 1st – 2nd mph

ii. 2nd – 3rd mph

iii. 3rd – 4th mph

iv. 4th – 5th (if applicable) mph

v. 5th – 6th (if applicable) mph

g. Fluid Capacity (Including heat exchanger and filters):

M. AXLE, REAR (See 1.70.3)

b. Type:

c. Model Number:

d. Gross Axle Weight Rating: lbs.

e. Axle Load: lbs.

f. Axle Ratio:

N. SUSPENSION SYSTEM (See 1.70)

b. Type:

i. Front

ii. Rear

c. Springs:

i. Front

ii. Rear

O. WHEELS AND TIRES

a. Wheels: (See 1.70.4)

i. Make

ii. Capacity lbs.

iii. Material

b. Tires: (See 1.70.4)

i. Manufacturer

ii. Type

iii. Size

iv. Load Range/Air Press lbs./psi

P. AXLE, FRONT (See 1.70.2)

b. Type:

c. Model Number:

d. Gross Axle Weight Rating: lbs.

e. Axle Load: lbs.

Q. STEERING, POWER (See 1.70.6)

a. Pump:

i. Manufacturer & Model No.

ii. Type

iii. Relief Pressure psi

b. Booster/Gear Box:

i. Manufacturer & Model No.

ii. Type

iii. Ratio

c. Power Steering Fluid Capacity: gals

d. Maximum Effort at Steering Wheel: lbs. (unloaded stationary coach on dry asphalt pavement)

e. Steering Wheel Diameter: In.

R. BRAKES (See 1.70.5)

a. Make of Fundamental Brake System:

b. Brake Chambers Vendor's Size & Part No:

i. Front _______________________________________________________________

ii. Rear _______________________________________________________________

c. Brake Operation Effort:

d. Slack Adjuster's Vendor's Type & Part No:

i. Front, Right

ii. Front, Left

iii. Rear, Right

iv. Rear, Left

v. Length:

1. Front Take-up In.

2. Rear Take-up In.

e. Brake Drums/Discs

i. Front:

1. Manufacturer

2. Part Number

3. Diameter ___________ In.

ii. Rear:

1. Manufacturer ______________

2. Part Number

3. Diameter ____________ In.

f. Brake Lining Manufacturer:

i. Type _______________________________________________________________________________

g. Brake Lining Identification:

i. Front, Forward

ii. Front, Reverse

iii. Rear, Forward

iv. Rear, Reverse

h. Brake Linings Per Shoe:

i. Front

ii. Rear

i. Brake Lining Widths:

i. Front In.

ii. Rear In.

j. Brake Lining Lengths:

i. Front In.

ii. Rear In.

k. Brake Lining Thickness: In.

l. Brake Lining Area Per Axle:

i. Front Sq. In.

ii. Rear Sq. In.

S. AIR COMPRESSOR: (See 5.3.4)

c. Rated Capacity: cfm

d. Capacity, at Idle: cfm

e. Capacity, at Maximum Speed: cfm

f. Maximum Warranted Speed: rpm

g. Speed Idle: rpm

h. Drive Type: rpm

i. Governor:

i. Cut-in Pressure psi

ii. Cut-Out Pressure psi

T. AIR RESERVOIR CAPACITY

a. Supply Reservoir: Cu. In.

b. Primary Reservoir: Cu. In.

c. Secondary Reservoir: Cu. In.

d. Parking Reservoir: Cu. In.

U. PASSENGER INTERIOR LIGHTING (See 1.73.26)

b. Type:

c. Number of Fixtures:

d. Size of Fixtures:

e. Power Pack:

V. DOORS

a. Front:

i. Mfr. of Operating Equipment

ii. Type of Door

iii. Type of Operating Equipment

b. Rear:

i. Mfr. of Operating Equipment

ii. Type of Door

iii. Type of Operating Equipment

W. SEATS

a. Passenger Seats: (See 1.73.6)

i. Manufacturer

ii. Model

b. Driver’s Seat: (See 1.73.5)

i. Manufacturer

ii. Model

X. WHEELCHAIR RAMP EQUIPMENT (See 1.73.7)

a. Manufacturer & Model No.:

b. Type:

c. Capacity: Lbs.

d. Dimensions:

i. Width of Platform

ii. Length of Platform

______________In.

Y. WHEELCHAIR SECUREMENT EQUIPMENT (See 1.73.8)

a. Manufacturer & Model No.:

Z. MIRRORS (See 1.73.31 - 33)

Size Type Manufacturer Mfg. Part # Model No.

a. Right Side Exterior

b. Left Side Exterior

c. Left Side Exterior

d. Center Rearview

e. Front Entrance Area

f. Upper-Right Hand Corner

g. Rear Exit Area

AA. PASSENGER WINDOWS (See 1.73.3)

b. Model:

c. Type:

d. Number:

i. Side

ii. Rear

e. Sizes:

f. Glazing:

i. Type

ii. Thickness

iii. Color of Tint

iv. Light Transmission

BB. HEATING, VENTILATING AND AIR CONDITIONING EQUIPMENT (See 1.75)

a. Heating System Capacity: B.T.U.

b. Air Conditioning Capacity: B.T.U.

c. Ventilating Capacity: cfm

d. Compressor:

i. Manufacturer & Model

ii. No. of Cylinders

iii. Drive Ratio

iv. Max. Warranted Speed r.p.m.

v. Operating Speed

vi. Weigh __________lbs.

vii. Oil Capacity:

r.p.m.

1. Dry gals.

2. Wet gals.

viii. Refrigera nt

e. Condenser:

Type lbs.

i. Manufacturer & Model

ii. No. of Rows

iii. No. of Fins/In.

iv. O.D. of Tube In.

v. Fin Thickness In.

f. Condenser Fan:

i. Manufacturer & Model

ii. Fan Diameter In.

iii. Speed Maximum RPM

iv. Flow Rate (maximum) CFM

g. Receiver:

i. Manufacturer & Model

ii. Capacity Lbs.

h. Condenser Fan Drive Motors:

i. Manufacturer

ii. Model

iii. Type

iv. Horse Power HP

v. Operating Speed r.p.m.

i. Evaporator Fan Drive Motors:

i. Manufacturer

ii. Model

iii. Type

iv. Horse Power HP

v. Operating Speed r.p.m.

j. Evaporator(s):

i. Manufacturer & Model

ii. Number of Rows

iii. No. of Fins/In.

iv. Outer Diameter of Tube

v. Fin Thickness In.

vi. Number of Evaporator

k. Expansion Valve:

i. Manufacturer & Model

l. Filter-Drier:

i. Manufacturer & Model

m. Heater Cores:

i. Manufacturer & Model

ii. Capacity B.T.U.

iii. Number of Rows

iv. Number of Fins/In.

v. Outer Diameter of Tube In.

vi. Fin Thickness In.

vii. Number of Heater Cores

n. Controls:

i. Manufacturer & Model

ii. Type

o. Driver's Heater:

i. Manufacturer

ii. Model No.

iii. Capacity B.T.U.

p. Ventilation System:

i. Type

q. Coolant Heater:

i. Make & Model

ii. Capacity B.T.U.

CC. DESTINATION SIGNS (See 1.76.1)

a. Manufacturer:

b. Type:

c. Character Length:

i. Front Destination In.

ii. Front Run Number In.

iii. Side Destination In.

iv. Rear Route In.

d. Character Height:

i. Front Destination In.

ii. Front Run Number In.

iii. Side Destination In.

iv. Rear Route In.

e. Number of Characters:

i. Front Destination In.

ii. Front Run Number In.

iii. Side Destination In.

iv. Rear Route In.

v. Rear In.

f. Message Width:

i. Front Destination In.

ii. Front Run Number In.

iii. Side Destination In.

iv. Rear Route In.

DD. COMMUNICATION SYSTEM - GPS (See 1.76.4 )

b. Model No.:

EE. P.A. SYSTEM (See 1.76.4)

ii. Model No.

b. Microphone:

c. Int. Speakers:

d. Ext. Speaker:

FF. ELECTRICAL (See 1.76.4)

a. Multiplex System:

i. Manufacturer

ii. Model No.

GG. BATTERIES (See 1.74.1)

a. Manufacturer:

b. Model No.:

c. Type:

HH. PAINT (see 1.77.4)

a. Exterior Paint:

ii. Paint Code No.

ATTACHMENT D: FEDERAL AND STATE PROVISIONS AND REQUIREMENTS

1. GENERAL

The work performed under this contract will be financed, in part, by grants provided under programs of the Federal Transit Administration. Citations to federal law, regulation, and guidance references include, but are not limited to, the Master Agreement FTA MA (19), dated October 1, 2012; FTA Circular 4220.1F, dated November 1, 2008; "Best Practices Procurement Manual", updated March 13, 1999 with revisions through October 2005; 49 CFR Part 18 (State and Local Governments) and 49 CFR Part 19 (Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations) and any subsequent amendments or revisions thereto.

THE FOLLOWING TERMS MAY BE USED SYNONYMOUSLY:

• “BIDDER” AND “CONTRACTOR.”

• “PURCHASER”, “PROCURING AGENCY” AND “OWNER”

2. FEDERAL CHANGES

Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.

Contractor's failure to comply shall constitute a material breach of this contract. FTA’s new authorizing legislation, MAP- 21 made significant changes to FTA’s public transportation programs.

a. MAP-21 requirements apply to:

i. New grants and cooperative agreements for which FTA awarded funds made available or appropriated to carry out MAP-

21 programs, and

ii. Amendments to existing cooperative agreements for which FTA awarded funds made available or appropriated to carry out

MAP-21 programs,

b. Fiscal Year 2012 and previous fiscal year funding requirements apply as follows:

i. In some instances, as determined by FTA, previous program requirements apply or will apply to grants and cooperative agreements for which FTA awarded Fiscal Year 2012 or a previous fiscal year funds, but

ii. In other instances, as determined by FTA, MAP-21 program requirements (including MAP-21 “cross-cutting requirements” identified in section 43 of this Master Agreement) apply or will apply to grants and cooperative agreements for which FTA awarded Fiscal Year 2012 or a previous fiscal year funds.

3. NOTIFICATION OF FEDERAL PARTICIPATION

To the extent required by Federal law, the City of Raleigh agrees that, in administering any Federal assistance Program or Project supported by the underlying Grant Agreement or Cooperative Agreement, any request for proposals, solicitation, grant application, form, notification, press release, or other publication involving the distribution of FTA assistance for the Program or the Project that it will identify the FTA grant source. While no specific grants yet exist, federal funding assistance of up to eighty (80%) percent may be provided for purchases in this Request for Bids.

4. DEFINITIONS

a. Third Party Agreement, in accordance with the Master Agreement unless FTA determines otherwise in writing, includes all of the following agreements, such as:

i. Third party contracts,

ii. Leases,

iii. Third party subcontracts; and

iv. Other similar arrangements or agreements.

b. Third Party Participant, in accordance with the Master Agreement unless FTA determines otherwise in writing, includes all of the following participants, such as:

i. Third party contractors,

ii. Lessees,

iii. Third party subcontractors, and

iv. Other participants in the Project

5. CONFLICT OF INTEREST

No employee, officer, board member, or agent of the Owner shall participate in the selection, award, or administration of a contract supported by Federal Transit Administration (FTA) funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer, board member, or agent, any member of his or her immediate family, his or her partner, or an organization that employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award.

6. LOBBYING

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, PL 104- 65 (2 U.S.C. §1601, et seq.). Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S. C. 1352. Each tier shall comply with Federal statutory provisions o the extent applicable prohibiting the use of Federal assistance funds for activities designed to influence congress to a State legislature on legislation or appropriations, except through proper official channels. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352.

Such disclosures are forwarded from tier to tier up to the recipient.

The requisite “Lobbying Certification” is included as ATTACHMENT D-1 (attach Standard Form- LLL if necessary) and must be executed for contracts of $100,000 or more and prior to the award of the contract.

7. CIVIL RIGHTS

a. Nondiscrimination

In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.

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