Appendix I - Sample Whereas Paper Contract.docx

OGC Standard Form – Revised 2/2/2024 Contract # ________________

CONTRACT FOR ATMA HARDWARE AND SOFTWARE SERVICES

This contract for Autonomous Truck Mounted Attenuator (ATMA) Hardware and Software services is between the Commonwealth of Pennsylvania (“Commonwealth”), acting through the Department of Transportation (“Agency”), with its principal offices located at 400 North Street, Harrisburg, PA, and __________________ (“Contractor”), with its principal offices located at __________________________.

The Agency issued a Request for Proposals for the provision of ATMA Hardware and Software, RFP No. 3522R11 (“RFP”), and the Contractor submitted a proposal in response to the RFP. The Agency determined that the Contractor’s proposal was the most advantageous to the Commonwealth after taking into consideration all of the evaluation factors set forth in the RFP and selected Contractor for contract negotiations.

The parties, intending to be legally bound, agree as follows:

1. Order of Precedence. This contract is comprised of the following documents, which are listed in the order of precedence:

a. this contract;

b. the Contract Terms and Conditions, set forth in Exhibit A;

c. the Final Negotiated Technical Proposal Documents and Clarifications set forth in Exhibit B;

d. the Contractor’s Cost Submittal[footnoteRef:2] set forth in Exhibit C; [2: ]

e. the Contractor’s Diverse Business Submittal, set forth in Exhibit D;

f. the RFP, including all of the referenced Appendices and all Addenda to the RFP, set forth in Exhibit E; and

g. the Contractor’s Technical Submittal, set forth in Exhibit F.

2. Services. The Contractor shall provide the services set forth in the RFP, the Final Negotiated Technical Proposal and Clarifications, if any, and the Contractor’s Technical Submittal (“Services”).

3. Cost. The Contractor shall provide the Services for the price set forth in the Cost Submittal.

4. DB Requirements:

a. Contractor Commitments. The Contractor shall meet and maintain the commitments to Diverse Businesses made in its Diverse Business (DB) Participation Submittal.

b. Proposed Changes. The Contractor shall submit any proposed change to a Diverse Business commitment to the Department of Transportation, Bureau of Equal Opportunity (BEO), which will make a recommendation as to a course of action to the Contracting Officer.

c. Reporting Requirements. The Contractor shall document all Diverse Business payments via the Monthly DB Status Report, EO-402. The form is to be submitted to pd-non-ecms-db@pa.gov within the first five (5) business days of each calendar month, for the proceeding month’s activity, the Contract is in effect.

[SIGNATURE PAGE FOLLOWS.]

The parties, through their authorized representatives, have signed this contract on the dates indicated below.

[INSERT CONTRACTOR NAME]

Signature Date

Printed Name

Title

Federal I.D. Number

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF TRANSPORTATION

<<To be signed electronically.>> Nicholas A. Gotwalt Date Procurement Specialist II

APPROVED AS TO FORM AND LEGALITY:

<<To be obtained electronically.>> Office of Attorney General Date

APPROVED:

<<To be obtained electronically.>> Comptroller Operations Date