ATL 24_028 Security Offer Docs .pdf

OFFER DOCUMENT #1 - COMPLETE PROPOSAL CHECKLIST

ATL Solicitation No. 24-028

The undersigned certifies that all of the Offer Documents listed below have been fully completed, properly signed, arranged in the proper order, and submitted with this proposal in response to SRTA Solicitation No. 24-028.

Offer Document #1 Complete Proposal Checklist

Offer Document #2 Proposal Letter

Offer Document #3 Acknowledgement of Addenda to RFP

Offer Document #4 Proposer Information Form

Offer Document #5 Proposer Certifications

Offer Document #6 Statement of Firm's Qualifications and Experience

Offer Document #7 Project Team and Project Approach

Offer Document #8 Price Proposal

Offer Document #9 Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)

Offer Document #10 Subcontractors and DBEs

Offer Document #11 Certification Regarding Debarment and Suspension

Offer Document #12 Certification Regarding Lobbying

Offer Document #13 Non-Collusion Affidavit

Offer Document #14 Anti-Boycott, Divestment and Sanctions Against Israel Certification

Offer Document #15 Statement of Responsibility Certification

Company Name :

Authorized Representative Name:

Title: Date:

Authorized Representative Signature:

(form locks after signing; clear signature to make changes)

OFFER DOCUMENT #2 - PROPOSAL LETTER

In response to ATL Solicitation No. 24-028, the undersigned ("Proposer") hereby proposes to furnish to ATL the necessary materials, labor, equipment, and supervision and to perform operations, duties, and obligations necessary to complete the Services required by the Contract Documents.

By submitting this proposal, Proposer agrees that all information received by ATL from Proposer, as a result of this Request for Proposals and subsequent thereto, shall become the property of ATL, to be used and disclosed at its sole discretion without further obligation to Proposer, copyright or other restrictive legend notwithstanding.

ATL reserves the right to reject any and all proposals. No obligation, either expressed or implied, exists on the part of ATL to make a contract award or for the cost incurred by Proposer in the preparation of the proposal.

Proposer certifies that it has examined and fully understands all of the provisions of the Request for Proposals and is satisfied that they are accurate; that it has carefully checked all numbers and statements made in this proposal; that it has satisfied itself with respect to the actual site conditions, nature and location of the engagement; the general and local conditions to be encountered in the performance of the contract;

and other matters which in any way may affect the contract or the cost thereof. Proposer hereby agrees that ATL will not be responsible for any errors or omissions in the proposal.

Proposer certifies that it is able to sign and comply with all provisions of the Contract that is attached as Part 3 of this RFP without any changes. The undersigned hereby certifies that he/she is authorized to bind Proposer to this proposal and to a contract resulting therefrom.

Attached hereto and made a part of this proposal are the required proposal data and all other information which Proposer desires to be considered as part of this proposal. Proposer acknowledges that ATL, at its option, may incorporate any of the information submitted by Proposer into a resulting contract.

Company Name :

Authorized Representative Name:

Title: Date:

Authorized Representative Signature:

(form locks after signing; clear signature to make changes)

OFFER DOCUMENT #3 - ACKNOWLEDGEMENT OF ADDENDA TO RFP

The undersigned acknowledges either receipt of the following addenda to ATL Solicitation No. 24-028 or acknowledges that no addenda were issued:

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No.

OR

Dated

No addenda were issued to ATL Solicitation No. 24-028.

Company Name

Authorized Representative Name

Title Date

Authorized Representative Signature (form locked after signing; clear signature to make changes)

OFFER DOCUMENT #4 - PROPOSER INFORMATION FORM

ATL Solicitation No. 24-028

Contractor must provide all of the information requested below:

Legal Name

Mailing Address

Physical Address (if different from above)

Phone # Fax #

Website Address

Authorized Representative Name

Title

Phone # Fax #

Email Address

Atlanta-Based Contact Name

Title

Phone # Fax #

Email Address

Proposer is a (choose one):

Corporation State of Incorporation

Partnership Sole Proprietorship Joint Venture (attach names)

Proposer is a (choose one):

Not a Certified Disadvantaged Business Enterprise (DBE)

Certified Disadvantaged Business Enterprise (DBE)

Certifying Agency

Provide the following information for three (3) project references for which Proposer has provided products and services of similar scope and cost in the last five (5) years:

Reference #1

Name

Address

Contact Person

Phone # Fax #

Email Address

Total Contract Amount

Date of Contract Completion

Georgia

Reference #2

Name

Address

Contact Person

Phone # Fax #

Email Address

Total Contract Amount

Date of Contract Completion

Reference #3

Name

Address

Contact Person

Phone # Fax #

Email Address

Total Contract Amount

Date of Contract Completion

If Proposer is a wholly-owned subsidiary of a parent company, provide the legal name and form of the parent company.

The undersigned certifies that the information provided above is true and correct.

Authorized Representative Name

Title Date

Authorized Representative Signature

OFFER DOCUMENT #5 - PROPOSAL CERTIFICATION

1. I certify that, if awarded a contract, the Proposer will deliver goods and services which will meet or exceed the specifications set forth in this RFP, the Proposal and the terms of the final contract between the Proposer and ATL.

2. I certify on behalf of the Proposer that this Proposer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand that collusive behavior surrounding formal solicitations is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the Proposal and certify that I am authorized to sign this Proposal for the Proposer.

3. I certify that the Proposer has not violated and will not violate the provisions of the Official Code of Georgia Annotated, Section 45-10-20 et. seq.

4. I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud. I understand collusive behavior surrounding formal solicitations is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

I agree to abide by all conditions of this RFP and certify that I am authorized to sign this Proposal for the Proposer.

Company Name

Authorized Representative's Name

Authorized Representative's Signature

Date

OFFER DOCUMENT #6 – QUALIFICATIONS AND PAST EXPERIENCE

(Please attach)

OFFER DOCUMENT #7 STATEMENT OF FIRM’S PROJECT TEAM

AND PROJECT APPROACH

(Please attach)

OFFER DOCUMENT #9 - E-VERIFY AFFIDAVIT

By executing this affidavit, the undersigned Proposer verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in in the physical performance of services on behalf of the State Road & Tollway Authority has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Proposer

Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , , 202_ in (city) , (state) .

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20__.

NOTARY PUBLIC

My Commission Expires:

OFFER DOCUMENT #10 -SUBCONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(3)

By executing this affidavit, the undersigned Proposer verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in in the physical performance of services on behalf of the Atlanta-region Transit Link Authority has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A.§ 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Proposer

Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , , 202_ in (city) , (state) .

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 202_ .

NOTARY PUBLIC

My Commission Expires:

OFFER DOCUMENT #11 - CERTIFICATION REGARDING SUSPENSION AND DEBARMENT

1. By signing and submitting this bid or proposal, the Proposer is providing the signed certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to ATL, the Federal Government may pursue available remedies, including but not limited to suspension and/ or debarment.

3. The Proposer shall provide immediate written notice to ATL if at any time the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “persons,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29].

5. The Proposer agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by ATL.

6. The Proposer further agrees by submitting this proposal that it will include the clause titled “Debarment and Suspension Certification Requirements” and the certificate form without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participate in a lower tier covered transaction that is not proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Excluded Parties List issued by U.S. General Service Administration.

8. Nothing contained in the forgoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from participation in this transaction, in addition to remedies available to ATL, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The prospective lower tier participant (Proposer) certifies, by submission of this Offer, that neither it nor its “principals” as defined by 49 CFR § 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

If the prospective lower tier participant (Proposer) is unable to certify to the statement above, it shall attach an explanation, and indicate that it has done so, by placing an “X” in the following space .

(name of company) certifies or affirms the truthfulness and accuracy of each statement of its certification and explanation, if any. in addition, the bidder or offeror understands and agrees that the provisions of 31 U.S.C. §§ 3801 et seq. apply to this certification and explanation, if any.

Name of Authorized Representative

Title of Authorized Representative

Signature of Authorized Representative

Company Name

Certification Regarding Lobbying - Page 1

OFFER DOCUMENT NO. 12 - CERTIFICATION REGARDING LOBBYING

ATL Solicitation No. 24-028

APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C.

1601, et seq.)]

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

Certification Regarding Lobbying - Page 2

The Proposer certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

Company Name

Authorized Representative Name

Title Date

Authorized Representative Signature (form locks after signing; clear signature to make changes)

OFFER DOCUMENT #13: Non-Collusion Affidavit

Now here appeared before the undersigned officer duly authorized by the State of Georgia to administer oaths (Authorized Company Rep.) and after being first duly sworn, depose and say that, they are all the officers, agents, persons or employees who have acted for (Company Name) on the Atlanta-Region

Transit Link Authority (Solicitation Name) proposal and that said has not by (himself, themselves) or through any persons, officers, agents or employees prevented or attempted to prevent by any means whatsoever, competition in such solicitation, or by any means whatever prevented or endeavored to prevent anyone from making a proposal therefore, or induced or attempted to induce another to withdraw proposal from said work.

Signature of Affiant

Name of Affiant

Title of Affiant

Sworn to and subscribed to me this day of , 20 .

Notary Public

(Seal)

Note: See O.C.G.A. § 36-91-21(e)

OFFER DOCUMENT # 14

Anti-Boycott, Divestment and Sanctions Against Israel Certification

ATL Solicitation No. 24-028

Contractor/Vendor certifies and verifies that it: (i) does not boycott Israel and (ii) will not boycott Israel during the Term of this Agreement.

Form requirements:

• This certification is required by O.C.G.A. § 50-5-85.

• This form is required to be attached to all Contracts (services), regardless of whether Contract requires the creation of a Purchase Order.

Pursuant to O.C.G.A. §50‐5‐85, the state shall not enter into a contract with a total value of $1,000 or greater with an individual or company if the contract is related to construction or the provision of services, supplies, or information technology unless the contract includes a written certification that such individual or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.

Vendor/Contractor Name or Company Name

Street Address

City

State

Zip Code

Phone Number

Printed Name of Authorized Representative Title of Authorized Representative Signature of Authorized Representative

OFFER DOCUMENT #15

STATEMENT OF RESPONSIBILITY CERTIFICATION

ATL Solicitation No. 24-028

A responsible proposer is one that the ATL believes to be responsible based on responses provided in the Contractor's proposal and/or based on Contractor's responses to the requirements of the solicitation document. Responsibility shall generally be presumed. In order for a Contractor to be deemed non-responsible, the ATL must make an affirmative determination of non-responsibility. The ATL reserves the right to conduct additional due diligence into any Contractor's responsibility status. Such due diligence may include investigations into one or more of the following areas:

1. Whether Contractor has adequate financial resources to perform the contract, or the ability to obtain them.

This includes, but is not limited to, the ability to obtain required bonds (if any) and insurance from sureties and insurance companies authorized to do business in Georgia.

2. Whether Contractor is able to comply with the contract requirements, considering the Contractor's other business obligations.

3. Whether Contractor is registered to do business in the State of Georgia and is listed as "ACTIVE/ COMPLIANCE" with the Office of the Georgia Secretary of State.

4. Whether Contractor is not presently debarred or suspended from bidding by any Federal or State governmental entity;

5. Whether Contractor has within a three year period preceding this proposal has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

6. Whether Contractor is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above.

7. Whether Contractor has had a contract terminated for default in the last 3 years.

8. Whether Contractor is currently under investigation for any possible breach of contract, or fraud or allegations of criminal activity related to the types of Services requested within this solicitation document.

(And if yes, the circumstances, nature and magnitude of such investigation shall be considered in any possible non-responsibility determination).

9. Whether Contractor has a satisfactory performance record.

10. Whether Contractor has a satisfactory record of integrity and business ethics.

11. Whether Contractor has satisfactory organization, experience, accounting and operational controls, and managerial and technical skills.

Statement of Responsibility Certification Continued

Instructions:

THIS FORM MUST BE COMPLETED, SIGNED, NOTARIZED AND SUBMITTED WITH YOUR BID/

PROPOSAL.

Please complete this form, answering every question. A “Yes” answer to any of the subparts of QUESTION NO. 3 requires a written explanation attached to the completed form, submitted on your company letterhead and signed by an authorized representative of the company. A “Yes” answer to any of the subparts of Question No. 3 will not necessarily result in denial of award, but will be considered in determining Contractor responsibility in the event the ATL undertakes an investigation into Firm's responsibility status. For any explanation, indicate to whom it applies; identify the initiating agency and the dates of action.

Contractors are responsible for updating any information submitted in their Statement of Responsibility Certification Form if a change occurs prior to the award of the contract.

Questions:

1. Does the Contractor certify that it has, or has the ability to obtain, adequate financial resources to perform the Services identified in the Agreement? This includes, but is not limited to, the ability to obtain required bonds (if applicable) and insurance from sureties and insurance companies authorized to do business in Georgia.

Yes No

2. Does the Contractor certify that it is able to comply with all contractual requirements and fulfill all of its contractual obligations, considering Offeror's other business obligations?

Yes No

3. Within the past three (3) years, has Contractor, or any principal of the Contractor (e.g., any owner, partner, officer, or major stockholder with 10% or more shares) been the subject of any of the following:

(a) a judgment or conviction for any conduct constituting a felony under local, state or federal law, including, but not limited to, fraud, extortion, bribery, racketeering, labor, anti-trust, price-fixing, or bid collusion?

Yes No

(b) a criminal investigation or indictment for any conduct constituting a felony under local, state or federal law, including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing, or bid collusion (to the best of Firm's knowledge*)?

Yes No

(c) an unsatisfied judgment, injunction or lien obtained by a Georgia state government agency including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any Georgia state government agency?

Yes No

(d) an investigation for a civil violation by any local, state or federal agency (to the best of Offeror's knowledge*)?

Yes No

(e) a suspension, debarment or termination for cause from any local, state or federal government procurement process?

Yes No

(f) a suspension or termination for cause prior to the completion of the term of any local, state or federal government contract?

Yes No

(g) a denial of award for non-responsibility determination made by any local, state or federal government?

Yes No

(h) an agreement to a voluntary exclusion from bidding/contracting on any local, state or federal procurement?

Yes No

(i) an administrative proceeding or civil action seeking specific performance or restitution in connection with any local, state or federal procurement (to the best of Firm's knowledge*)?

Yes No

(j) any bankruptcy proceeding?

Yes No

The undersigned: (i) recognizes that this questionnaire is submitted for the express purpose of assisting the Atlanta-region Transit Link Authority (ATL) to make a determination regarding the eligibility for award of a contract, or to approve a subcontract; (ii) acknowledges that the ATL, the State of Georgia, its agencies and political subdivisions may, in their sole discretion, by means which they may choose, verify the truth and accuracy of all statements made herein; (iii) acknowledges that submissions of false or misleading information may constitute fraud, may result in ineligibility for contract award, may be used as grounds for termination for default of any contract awarded in relation to this certification, may be considered by the ATL, the State of Georgia, its agencies and political subdivisions in making responsibility determinations in other procurements, and may subject the Contractor or its representatives to criminal liability; (iv) as the authorized representative of the Firm, states that the information submitted on this certification form and any attached pages is true, accurate and complete.

The undersigned hereby attests that he/she is duly authorized by the Firm to make the statements and representations contained herein and/or attached hereto, on behalf of such Firm.

Legal Name of Firm/Company

Firm/Company Street Address

City, State, Zip

Signature of Offeror's Authorized Representative

Title

State Of County of

Sworn to and subscribed before me on this: Date

Notary Public Signature Field

My Commission Expires:

Date

Note: *As used herein, the term “to the best of Contractor's knowledge” shall refer to the current actual knowledge of Contractor and shall be construed, by imputation or otherwise, to refer to the knowledge of any agent, manager, representative or employee of Contractor but does not impose upon Contractor any duty of inquiry or investigation of the matter to which such actual knowledge, or the absence thereof, pertains. The fact that Contractors (or their principals) are under investigation will not necessarily result in a determination of non-responsibility; rather, ATL will determine if the information and circumstances regarding such investigation are of such a nature or magnitude as to cause the ATL to deem the Contractor non-responsible in order to protect the interests of the ATL and/or the State.

THIS FORM MUST BE COMPLETED, SIGNED, NOTARIZED AND SUBMITTED WITH YOUR BID/ PROPOSAL.