Commercial_Bi-Parting_Garage_Door_System_Replacement.pdf

Greater Dayton Regional

Transit Authority

Request for Proposal

COMMERCIAL BI-PARTING GARAGE DOOR SYSTEM REPLACEMENT

CONTRACT BID NO. GD 26-48

RELEASE DATE

August 21, 2026

REQUEST FOR PROPOSAL

COMMERCIAL BI-PARTING GARAGE DOOR SYSTEM REPLACEMENT

RFP No. GD 26-48

TABLE OF CONTENTS

Letter to Proposers Scope of Work & Special Conditions Instructions to Proposers FTA Required Clauses Proposal Evaluation Criteria Proposal Submission

Attachments:

A - Sample Contract (DO NOT COMPLETE)

B - RTA General Terms and Conditions

C - 600_LONGWORTH_GARAGE_DOOR_DIMENSIONS-SPECIFICATIONS_-

_FINAL_-_4-16-26 (1)

D - IMG_0848

E - Inside_looking_out

F - IMG_0847

G - IMG_0846

H - IMG_0845

I - IMG_0844

J - IMG_0843

K - IMG_0842

L - IMG_0841

M - IMG_0839

N - IMG_0840

O - IMG_0838

P - IMG_0837

Q - IMG_0836

R - IMG_0835

S - IMG_0834

T - IMG_0833

U - IMG_0832

V - IMG_0831

W - IMG_0830

X - IMG_0828

Y - Entrance

Z - Entrance_Door

AA - 600_GARAGE_DOOR_VIDEO_2 (1)

BB - 600_GARAGE_DOOR_VIDEO_1 (1)

CC - 600_LONGWORTH_GARAGE_DOOR_DIMENSIONS-SPECIFICATIONS_-

_FINAL_-_4-16-26

DD - Construction Terms and Conditions

LETTER TO PROPOSERS

RELEASE DATE: Friday, August 21, 2026

DEAR PROSPECTIVE PROPOSER:

Re: Request for Proposal (RFP)

Commercial Bi-Parting Garage Door System Replacement

RFP No. GD 26-48

Notice is hereby given that the Greater Dayton Regional Transit Authority (RTA) is requesting proposals for the following procurement. All proposals must be submitted in accordance with requirements set forth in this procurement solicitation, and must be received via OpenGov before 11:00 am, Dayton (Eastern) time, on Thursday, September 24, 2026, for the following project:

Commercial Bi-Parting Garage Door System Replacement

Please view the project timeline and make arrangements to attend the pre-proposal conference, if applicable.

RFP Release Date: August 21, 2026

Pre-Proposal Conference (Non-

Mandatory):

September 10, 2026, 10:00am

600 Longworth Street, Dayton, Ohio

45324 - Maintenance Conference Room

Virtual Call:

RTA is offering a virtual attendance option for the meeting portion of the pre-proposal conference to accommodate organizations that wish to have multiple team members participate.

Please note that the site visit cannot be conducted virtually. Therefore, we strongly encourage each proposer to have an appropriate representative attend the site visit in person to see the existing doors and site conditions and obtain the information necessary to prepare a complete and accurate proposal.

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/23551

1683896624?p=MYolRJe3NRcp7uASK

G

Meeting ID:

235 511 683 896 624

Passcode:

oE2tn7Qp https://teams.microsoft.com/meet/235511683896624?p=MYolRJe3NRcp7uASKG https://teams.microsoft.com/meet/235511683896624?p=MYolRJe3NRcp7uASKG https://teams.microsoft.com/meet/235511683896624?p=MYolRJe3NRcp7uASKG

Final Date for Questions, Clarifications and Requests for Approved Equals:

September 17, 2026, 12:00am

Proposal Due Date: September 24, 2026, 11:00am

All proposals and related documents shall be subject to a financial assistance contract between the RTA and the United States Department of Transportation under the Urban

Mass Transportation Administration Act of 1964, as amended, terms and conditions established under the Act will apply. All proposers will be required to certify they are not on the U.S. Comptroller General's Consolidated list of ineligible contractors. Manufacturers appearing on said list will be considered ineligible.

RTA hereby notifies all proposers that, in regard to any contract entered into pursuant to this procurement, advertisement or solicitation, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response and will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award.

DBE Participation: It is the policy of the Department of Transportation (DOT) that

DBEs, as defined in 49 CFR, parts 23 and 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. RTA welcomes DBE participation regardless of whether there is a DBE requirement. The DBE requirement for this project is 0%.

Please Note: This procurement package and any addenda are available on OpenGov, https://procurement.opengov.com/portal/greaterdaytonrta. In order to ensure that you receive all updates and addenda, please be sure to follow this project on OpenGov.

Should you have any questions or comments concerning the procurement, please submit through the Q&A Section of the posting on OpenGov prior to the due date and time for Questions and Inquiries.

Sincerely, Michelle Collier

Senior Purchasing Agent

SCOPE OF WORK & SPECIAL CONDITIONS

The Greater Dayton Regional Transit Authority (RTA) is soliciting proposals from qualified manufacturers, suppliers, and installers for the design, manufacture, delivery, installation, testing, and commissioning of replacement entrance and exit garage door systems at its Maintenance Facility located at 600 Longworth Street, Dayton, Ohio

45402.

Scope of Work

2.1 Project Overview

https://procurement.opengov.com/portal/greaterdaytonrta

The successful proposer shall furnish all labor, supervision, materials, equipment, transportation, installation services, testing, commissioning, training, documentation, warranties, and other incidentals necessary to provide two (2) complete, fully operational garage door systems in accordance with the requirements of this Scope of Work.

The project generally includes, but is not limited to:

• Removal and disposal of the existing entrance and exit garage door systems.

• Furnishing and installation of new high-cycle commercial garage door systems.

• Installation of all door operating equipment, controls, safety devices, and associated hardware.

• Coordination with RTA regarding electrical and structural support work performed under separate RTA contracts, if required.

• Testing, adjustment, startup, and commissioning.

• Operator and maintenance training.

• Delivery of all required manuals, drawings, warranties, and documentation.

This project is subject to the applicable provisions of the Federal and State Prevailing Wage laws.

Proposers are encouraged to identify any recommended alternatives, clarifications, or exceptions within their proposal. RTA reserves the right to discuss technical approaches with proposers during the evaluation process as permitted by this Request for Proposals.

2.2 Existing Conditions

The existing entrance and exit garage doors are commercial-duty, top-hung, top-driven, bi-parting steel doors utilizing bottom guide rollers and OSCO Model GSL bi-parting door operators.

Although the original manufacturer of the existing doors is unknown, the current configuration has provided reliable service in a demanding transit maintenance environment for approximately fifty (50) years.

Each existing door currently operates approximately:

Item Existing Operation

Opening Time Approximately 15 seconds

Open Hold Time Approximately 30 seconds

Closing Time Approximately 15 seconds

Daily Operating Cycles 250–300

Annual Operating Cycles Approximately 110,000

The existing system operates from:

• 480 Volt

• Three-Phase Electrical Service

• Connected to RTA's Emergency Backup Generator

RTA prefers a bi-parting door configuration or an equivalent commercial high-cycle garage door system that demonstrates comparable or superior reliability, maintainability, and operational performance.

Alternative designs will be considered provided they satisfy or exceed all performance requirements contained within this solicitation.

Reference photographs, videos, and dimensional drawings of the existing installation are included in the Attachments for informational purposes.

2.3 Performance Requirements

The proposed garage door system shall be specifically designed for continuous heavy-duty commercial or industrial service in a transit maintenance facility.

The completed system shall be capable of providing long-term, reliable operation while minimizing maintenance requirements and downtime.

Unless specifically approved by RTA, all equipment shall be new, current production, and free from defects in workmanship and materials.

The proposed system shall be designed to meet or exceed the operational performance of the existing installation.

2.4 Functional Requirements

The proposed garage door system shall meet the following minimum requirements.

2.4.1 Operational Performance

The garage door system shall:

o Support a minimum of 300 operating cycles per day.

o Support a minimum design capacity of 110,000 operating cycles annually.

o Open fully in 15 seconds or less.

o Close completely in 15 seconds or less.

o Include an adjustable hold-open timer capable of remaining open from 10 seconds to 3 minutes.

o Provide smooth, continuous operation suitable for high-volume transit vehicle traffic.

o Be designed for frequent operation without excessive maintenance or premature wear.

2.4.2 Safety Requirements

The proposed system shall include, at a minimum:

o Photoelectric safety sensors located to prevent door closure when a vehicle or object is within the opening.

o Automatic resetting of the hold-open timer whenever the safety sensors are interrupted.

o Electric reversing safety edge.

o Automatic obstruction detection and reversal.

o Emergency manual operation in the event of equipment failure.

o All safety devices required by applicable OSHA, ANSI, UL, and local building code requirements.

2.4.3 Mechanical Requirements

The proposed system shall include:

o Commercial-duty construction designed for high-cycle industrial applications.

o Heavy-duty operating hardware.

o Full perimeter weather seals on the top, bottom, and sides of each door.

o Corrosion-resistant components where appropriate.

o Vision panels or windows providing natural daylight into the maintenance facility.

o Components designed to minimize routine maintenance requirements.

The proposed system may utilize top-driven, bottom-driven, or other commercially proven operating mechanisms provided the operational performance requirements are satisfied.

2.4.4 Electrical Interface Requirements

The proposed garage door system shall:

o Operate utilizing RTA's existing 480-Volt, Three-Phase electrical service unless an alternate configuration is specifically approved by RTA.

o Be compatible with RTA's emergency backup generator system.

o Include all required control equipment necessary for complete operation.

o Provide all electrical load information, wiring diagrams, control schematics, and connection requirements necessary for installation.

RTA will provide permanent electrical installation and modifications through its existing electrical services contract, if required.

The awarded Contractor shall coordinate with RTA regarding equipment requirements and startup activities.

2.4.5 Finish Requirements

The completed garage door systems shall:

o Fit within the existing building openings as shown on the attached drawings unless otherwise approved by RTA.

o Be factory finished or field painted as approved by RTA.

o Exterior surfaces shall be finished in a medium brown color.

o Interior surfaces shall be finished in safety yellow.

Final paint manufacturer and color numbers will be provided by RTA following contract award.

Prior to final painting, the Contractor shall prepare sample finishes for RTA review and approval.

2.4.6 Post-Project-Completion Documentation Requirements

The Contractor shall provide the following documentation upon project completion:

o Shop and As-built drawings o Product data sheets o Electrical schematics and Control wiring diagrams o Maintenance & Operations as well as Illustrated parts manuals o Warranty documentation o Recommended spare parts list

All documentation shall be provided electronically in searchable PDF format.

2.5 Work by Others (RTA Responsibilities)

To facilitate completion of this project, RTA may perform or separately contract certain supporting work through its existing maintenance and construction contracts.

Such work may include, but is not limited to:

• Permanent electrical installation and modifications.

• Structural steel modifications, if required.

• Concrete or building repairs associated with the installation.

• Final painting of adjacent building surfaces, if required.

The awarded Contractor shall cooperate with RTA and its designated contractors by providing timely technical information, equipment requirements, shop drawings, loading information, and installation schedules necessary to support the project.

The Contractor shall remain responsible for furnishing, installing, testing, commissioning, and warranting a complete and fully operational garage door system.

2.6 Contractor Qualifications and Experience

The Contractor shall demonstrate sufficient experience and qualifications necessary to successfully complete the design, manufacture, installation, testing, and commissioning of a high-cycle commercial garage door system suitable for a transit maintenance environment.

Proposals shall include, at a minimum, the following information:

• Company history and years in business.

• Description of the firm's experience with commercial, industrial, or transit-related garage door systems.

• Number of similar installations completed within the past ten (10) years.

• Project references including customer name, contact information, project description, and completion date.

• Qualifications and experience of key personnel assigned to the project.

• Manufacturer certifications or authorized installer certifications, if applicable.

• Description of the proposed project management and installation approach.

Preference may be given to proposers demonstrating experience with high-cycle applications requiring frequent daily operation.

2.7 Field Verification and Existing Conditions

The Contractor shall be responsible for verifying all existing field conditions necessary for successful installation of the proposed garage door system.

Prior to fabrication, the Contractor shall:

• Verify all existing opening dimensions.

• Confirm available electrical service requirements.

• Verify attachment points and installation requirements.

• Identify any conflicts or site conditions that may affect installation.

• Coordinate any required information with RTA.

Existing drawings, photographs, and videos provided by RTA are intended for reference purposes only and shall not relieve the Contractor from performing required field verification.

The Contractor shall notify RTA of any discrepancies identified prior to fabrication or installation.

2.8 Coordination with RTA and Supporting Contractors

RTA may utilize existing vendor contracts to perform supporting work associated with this project, including electrical, structural, or facility modifications.

The awarded Contractor shall coordinate all installation activities with RTA and any designated supporting contractors. Coordination responsibilities shall include:

• Providing installation schedules.

• Identifying required site preparation activities.

• Providing technical information necessary for supporting work.

• Coordinating shutdowns or operational interruptions.

• Participating in project coordination meetings, as requested by RTA.

The Contractor shall remain responsible for ensuring the final garage door system is fully operational after completion of all supporting work.

2.9 Structural Coordination

The Contractor shall identify any structural requirements associated with installation of the proposed garage door system.

If structural modifications are required, the Contractor shall provide:

• Required opening dimensions.

• Attachment requirements.

• Equipment loads.

• Structural support requirements.

• Installation details necessary for RTA's review.

RTA will coordinate structural modifications through its existing construction contracts when required.

The Contractor shall not perform structural modifications unless specifically approved by RTA through written authorization.

2.10 Optional Bid Alternate – Existing Door Rail Replacement

The existing steel door rails were replaced approximately four (4) years ago. However, visible corrosion has been identified, and replacement may be required depending on field conditions.

The Contractor shall inspect the existing rail system and provide recommendations regarding replacement.

If replacement is determined necessary, the Contractor shall provide pricing as:

Bid Alternate No. 1 – Replacement of Existing Door Rail System

The alternate shall include:

• Removal and disposal of existing rail components.

• Furnishing and installation of new rail components.

• Hot-dipped galvanized steel rail system.

• Installation adjustments required for proper door operation.

• Testing and alignment.

RTA reserves the right to accept or reject this alternate.

2.11 Software, Controls, and Diagnostic Capabilities

RTA encourages proposers to provide modern control systems capable of improving operational reliability, troubleshooting, and maintenance activities.

If provided, the proposed system should include capabilities such as:

• Operational event monitoring.

• Date and time recording of door activity.

• Error and fault reporting.

• Maintenance notifications.

• Diagnostic tools.

• Programming adjustments.

The Contractor shall identify:

• Software features.

• Hardware requirements.

• Licensing requirements.

• Training requirements.

• Technical support availability.

Any software provided shall include a minimum of five (5) years of technical support unless otherwise approved by RTA.

2.12 Project Schedule

The Contractor shall provide a detailed project schedule identifying major milestones.

Any anticipated facility closures or operational impacts shall be clearly identified within the proposal.

2.13 Testing and Commissioning

Upon completion of installation, the Contractor shall perform complete testing and commissioning of the garage door systems. The Contractor shall correct any deficiencies identified during testing prior to final acceptance. RTA reserves the right to witness all commissioning activities. Testing shall include, at a minimum:

• Verification of opening and closing operation and speeds.

• Verification of safety devices.

• Verification of electrical integration.

• Verification of control programming.

• Verification of proper operation under normal and emergency power conditions.

2.14 Training Requirements

The Contractor shall provide on-site training for designated RTA personnel. Training materials shall be provided in electronic format.

Training shall include:

• Normal operation and preventive maintenance requirements.

• Troubleshooting procedures.

• Safety features.

• Control system operation.

• Programming adjustments.

• Emergency procedures.

2.15 Additional Work and Change Order Procedures

The Contractor shall not perform additional work outside the approved contract scope without prior written authorization from RTA.

If unforeseen conditions require additional work, the Contractor shall submit a written request including:

• Detailed description of the additional work.

• Reason the work was not included in the original proposal.

• Detailed labor breakdown.

• Material costs.

• Equipment costs.

• Supporting documentation.

• Photographs, when applicable.

RTA will review the request and determine whether the additional work is justified.

No additional work shall proceed until RTA provides written approval through an executed change order.

Approved change order pricing shall not exceed the labor rates, material markups, or pricing structure submitted in the Contractor's original proposal.

2.16 Proposal Requirements and Evaluation Process

This Request for Proposals will utilize a two-phase evaluation process.

Phase One – Technical and Qualifications Evaluation (Current Phase)

Proposals will be evaluated based upon technical merit and qualifications. Evaluation criteria can be found in Section 5 of this RFP Package.

Only proposers determined to be technically qualified and meeting RTA's requirements may advance to Phase Two.

Phase Two – Price Evaluation (Do not submit pricing with your initial proposal)

Shortlisted proposers will be invited to submit pricing. Price proposals shall include:

• Complete installation cost including removal and disposal of existing doors

• Equipment costs.

• Optional Bid Alternate No. 1 pricing.

• Warranty options.

• Any other proposed costs.

• A final firm-fixed price that is inclusive of all associated project costs.

RTA intends to award a contract to the proposer offering the best overall value based upon technical qualifications, proposed solution, price, and ability to successfully complete the project.

Contract Terms (Requirements Contract)

1. Contract Pricing

This is a fixed price contract. All prices offered and accepted are firm for the duration of the contract. Contractors may not change or negotiate contract prices after award.

Except as provided in this contract, no special fees or expenses shall be charged directly to the RTA.

2. Contract Duration

The duration or term of this contract shall be for twelve (12) months. RTA reserves the right to award this contract to one or more contractors.

The Greater Dayton Regional Transit Authority may extend the term of this contract by written notice to the Contractor within 30 days, provided that the RTA shall give the

Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the RTA to an extension. If the

RTA exercises this option, the extended contract shall be considered to include this option provision. The total duration of this contract, including the exercise of any options under this clause, shall not exceed twelve (12) months.

3. Quantity and Delivery Requirements

There is no set quantity nor delivery schedule for this contract, contractors shall propose their project timeline.

INSTRUCTIONS TO PROPOSERS

Greater Dayton RTA Background

History

RTA is an independent political subdivision of the State of Ohio organized pursuant to

Ohio Revised Code Section 306.30 through 306.71, inclusive, as amended.

The RTA was created on September 6, 1971, pursuant to the Revised Code, by ordinances of the Councils of the City of Dayton and the City of Oakwood. After completing the purchase of the assets of City Transit, the major privately owned public transportation system in the area, the RTA became operational on November 5, 1972. In

September 1980, after the approval in the preceding April by the voters of the County of a one-half percent sales and use tax of unlimited duration for all purposes of the RTA, the boundaries of the RTA were extended to be co-extensive with the boundaries of

Montgomery County and parts of Greene County.

Governing Body

All power and authority of the RTA is vested in and exercised by its nine (9) member

Board of Trustees.

Proposal Submission Instructions

The Greater Dayton Regional Transit Authority, hereinafter called "RTA", requests bids for Commercial Bi-Parting Garage Door System Replacement, hereinafter called

"above-named project" or by the specific project name, under the following requirements and conditions, which shall be considered an essential part of the contract documents.

1. Submission and Modification

Submissions are due electronically by 11:00 am, Dayton (Eastern) time on Thursday, September 24, 2026, through OpenGov. Any submission received after the exact date and time specified will not be considered.

Submissions may be modified online through OpenGov prior to the due date and time by unsubmitting a bid or proposal and making modifications and then re-submitting.

In addition, any costs incurred while preparing a bid or proposal submission, including site visits, will not be reimbursed by RTA.

2. Requests for Clarification

All requests for clarifications or changes must be submitted through the Q&A Section of the project on OpenGov prior to the stated due time and date.

Any new or relevant information given to any one contractor will be furnished to all contractors as addenda to this procurement.

3. Proposal Evaluation

RTA reserves the right to reject any or all Proposals. Issuance of this solicitation does not bind RTA to award a contract, nor does RTA in any way assume liability for expense incurred by Proposer in preparation of its Proposal. This RFP and the resulting

Proposals shall be used as the basis for contract negotiation.

During the evaluation, negotiation and selection process, evaluation committee members may not disclose any information regarding the procurement. Except for the identity and background of the successful proposer and the contract price, all information provided by proposers remains confidential after the conclusion of the process, to the extent permitted by law.

4. Contract Award

The RTA reserves the right to postpone, accept or reject any proposal, to waive any informalities in the proposals received, and to award the contract(s) to the best responsive and responsible proposer. In awarding a contract(s), the RTA reserves the right to consider all elements entering the determination of the responsibility of the proposer. Any proposal that is incomplete, conditional, obscure, or contains additions not called for or irregularities of any kind, may be cause for rejection of the proposal.

Contract(s) for the purchase of goods and/or services may be awarded within 90 calendar days from the date upon which proposals were received to the best proposer(s) the RTA deems responsive and responsible.

In the event a single proposal is received, the RTA will conduct a price and/or cost analysis of the proposal. A price analysis is the process of examining and evaluating a price submitted without examining in detail the separate cost elements and the profit included in the cost proposal. It should be recognized that a price analysis through comparison to other similar procurements must be based upon an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity and involving similar specifications. Where a difference exists, a detailed analysis must be made of this difference and the costs associated thereto. RTA has the right to enter into a negotiated procurement should only a single proposal be received.

Where a valid price analysis is impossible to obtain, the RTA may need to conduct a cost analysis of the proposal price. Competent and experienced auditors or price analysts shall make the price and/or cost analysis an engineer's estimate or comparison of the prices involved is insufficient.

5. Funding

The proposed contract shall be funded in part from the Federal Transit Administration

(FTA) and the Ohio Department of Transportation (ODOT). Each vendor shall examine all contract documents noting particularly all requirements, which will affect the contractor's work.

6. Specified Material and "Approved Equals"

1. Contractors shall furnish with their submission, as an integral part thereof, complete descriptions and specifications of the product they propose to furnish.

When the descriptions and specifications of the product meet the description and specifications provided in the solicitation document, no additional submission is required.

2. Where brand names or specific items or processes are used in the specifications, consider the term "or approved equal" to follow. However, a request for approval for any proposed substitution as an equal must be submitted in writing.

3. For all items listed and which are described or defined by dimensions or another measure of physical characteristics or performance, it is understood that such information indicates the character of the required items and so strict interpretations with respect to nonessential details shall not be made as to limit competition among manufacturers of substantially equivalent items.

A. Whenever this specification defines the material or article required by using a proprietary product or of a manufacturer or vendor, rather than by using descriptive detail of substance and function, the term "or equal" always is understood to follow immediately the name of the make, vendor or proprietary product. An item of material shall be considered equal to the item so named in the specifications if: (1) it is at least equal in quality, durability, appearance, strength, and design; (2) it will perform at least equally the function imposed by the general design for the material or equipment being purchased; and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in this specification.

B. Whenever in this specification the names of one or more manufacturers are mentioned as indicating that their product will comply with a particular specification or where specific trade names are mentioned, it is not intended to exclude products of other manufacturers whose names or symbols have not been provided, only however, that such products conform to the detailed requirements for the item as indicated in the specifications.

4. Bidders and Proposers shall be responsible for providing the RTA with information in the latest applicable revision of any part or process specifically called for in the specifications for consideration.

5. Only standard parts of units that conform in material, design, and workmanship to the best procedure known in the industry shall be used. No reconditioned or obsolete parts shall be used. All parts shall be identical and interchangeable in its class. All manufactured articles, material, and equipment shall be applied, installed, connected, erected, used, cleaned, adjusted and conditioned as directed by the manufacturer unless herein specified to the contrary.

7. Requesting an Approved Equal

To request an approved equal, contact Michelle Collier at mcollier@greaterdaytonrta.org prior to the final date for questions and clarifications which is Thursday, September 17, 2026. Any request for approved equal must include a formal product sheet that lists all relevant specifications that are included in the scope of work of this project. If there are required specifications that are not addressed or the proposed equal has insufficient specifications, the proposed equal will not be approved.

8. Protest Procedures

RTA will hear and consider a sustainable protest regarding its procurement actions in accordance with the below procedures. Due to the significantly limited role of FTA in protests, it is anticipated that the majority of all protests will be evaluated, and the final decision rendered by RTA. RTA intends to provide a thorough review of all sustainable protests. The RTA's primary concern is the timely procurement of needed capital equipment, supplies, or services. Therefore, it does not intend to allow the filing of bid or proposal protests to unnecessarily delay the procurement process.

DEFINITIONS

1. Protest: A protest is a written objection by a potentially interested party to a solicitation or award of a contract over the small purchase threshold. An interested party must be an actual or prospective bidder or proposer whose direct economic interest would be affected by the award or failure to award the applicable contract in accordance with FTA Circular 4220.1.

2. Pre-Submission: A written objection is made during the solicitation phase and is received before the bid opening or proposal due date.

3. Pre-Award: A written objection is made before an award and is received after the bid opening or proposal due date, but before award of the contract.

4. Post-Award: A written objection made by an unsuccessful offeror and received after the Board approves award of the contract.

SUBMITTAL PROCESS

1. Before Protest

The contractor should contact or make an appointment with the solicitation’s procurement representative to resolve any issues.

2. Filing a Protest

Protests may be filed during the following:

A. Solicitation phase must be submitted no later than five (5) business days before the closing of said solicitation. If the protester fails to meet this deadline, protests based on those solicitation issues may not be allowed.

B. Pre-award must be received no later than five (5) business days after the bid opening or proposal due date.

C. Post-award must be received at least five (5) business days after the Board approves contract award.

3. Protest Submittals

Protest shall include, at a minimum:

A. The name and address of the protesting party and its relationship to the procurement are sufficient to establish that an interested party is filing the protest.

B. Identity of the contact person for the protester, including name, title, address, telephone, fax, and e-mail addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party.

C. The name and number of the solicitation or contract.

D. A description of the nature of the protest, referencing the portion(s) of the solicitation involved.

E. Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based.

F. A complete discussion of the basis for the protest, including all supporting facts, documents, or data.

G. A statement of the specific relief requested.

H. State if an informal conference is wanted to discuss the protest with RTA.

I. Submit the protest in writing by certified mail or another delivery method by which receipt can be verified and address it to:

Director of Procurement

Greater Dayton Regional Transit Authority

4 S. Main StreetDayton, OH 45402

4. Protest Determination

A. Director of Procurement or designee will review the protest submittal to determine if sustainable.

B. If not sustainable, the protester will be notified in writing within ten (10) business days of receipt of the protest.

C. If sustainable and an informal conference is requested, the protester will be notified in writing of the location and time within three (3) business days of such notice.

D. A decision will be made in writing and sent to the protester within ten (10) business days after receipt of the protest. Such a decision is final.

5. Request for Reconsideration

A. The protester shall deliver the request to the Chief Executive Officer (CEO) with a copy to the Director of Procurement within five (5) business days of receipt of the initial decision. The request shall state the reason(s) why the decision should be reconsidered and any information to support such a position.

B. The CEO shall review and decide on the request for reconsideration and issue a written decision to the protester within ten (10) business days of receipt of the request. Such a decision is final.

9. Confidentiality of Proposals

The RTA will be exempt from disclosure of proprietary information, trade secrets, and confidential commercial and financial information submitted. Any such proprietary information or confidential commercial or financial information that the contractor believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket type identification by designating whole pages or sections as containing proprietary information, trade secrets, or confidential commercial or financial information will not assure confidentiality. The specific proprietary information, trade secrets, or confidential commercial and financial information must be clearly identified as such.

10. Trade Secret Notification

Under Ohio Law, a bid or proposal document may be a public record unless it meets an exception under the Public Records Law. One such exception is trade secrets and are treated with confidentiality. However, the contractor must notify the RTA in all of their submitted documents as to which portions of their submission constitute trade secrets and are to be treated as confidential. It is the responsibility of the submitting party to mark those parts of the submission which you wish to have treated as confidential.

While this does not assure that these portions of the document will constitute a trade secret and be exempt from public records requests under Ohio Law, in the absence of notice from you to us that those documents are to be treated as trade secrets and to be held confidential, they will be made available to the public upon a public records request unless another exception applies to exempt them from disclosure.

Proposal Selection (Qualifications-Based)

Upon review of the proposals, the RTA Evaluation Committee will designate the most qualified proposers as finalists. These finalists may be invited to make oral presentations and participate in a Q&A session with the RTA Evaluation Committee.

1. The Evaluation committee will rank the finalists in order of preference based on the above criteria.

2. Following the selection of the top-ranking finalist, the finalist’s price proposal will be requested, and negotiations conducted.

3. The RTA reserves the right to select the contractor on the basis of the cost proposal received without seeking further information or clarification from proposer.

4. If a fair and reasonable contract can be negotiated, a contract will be recommended for award.

5. If the RTA staff is unable to negotiate a satisfactory contract with the first-ranked proposer at a fair and reasonable price, negotiations will be formally terminated. The cost proposal will be requested from the second ranked proposer and negotiations will be conducted. This procedure will be continued until a satisfactory contract can be negotiated.

6. The negotiated contract recommendation will be presented to the RTA Board of

Trustees for approval.

7. Any matters concerning this procurement will be addressed directly to Noah

Greer, Greater Dayton Regional Transit Authority (RTA), 4 South Main Street, Dayton, Ohio 45402, in writing. Evaluation Committee members are not to be contacted by any of the proposers regarding this Request for Proposal (RFP).

8. If additional information or clarification is required from a proposer, they will be contacted directly. Each proposer will be advised in writing of any award recommendations.

Terms & Conditions

The Greater Dayton RTA's General Terms and Conditions are attached to this solicitation in Attachments B.

FTA REQUIRED CLAUSES

Contractor shall comply with the following Federal Transit Administration (FTA) requirements. For purposes of these clauses, the RTA is the FTA recipient that is entering the Contract with the Contractor.

No Federal Government Obligation to Third Parties

The RTA and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the RTA, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

Incorporation of FTA Terms

The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, and are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the contract.

Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the RTA that would cause the RTA to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.

Program Fraud & False Statements or Related Acts

Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program

Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Project.

Upon execution of the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the Contract or the FTA-assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of

1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with

Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter

53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and

49 U.S.C. § 5323(l) on Contractor, to the extent the Federal Government deems appropriate.

Contractor shall include the above two paragraphs in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Access To Records, Reports, & Sites

Record Retention. Contractor shall retain and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.

Retention Period. Contractor shall comply with the record retention requirements in accordance with 2 CFR § 200.333. Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at least three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

Access to Records. Contractor shall provide sufficient access to the U.S. Secretary of

Transportation, the Comptroller General of the United States, FTA, the RTA, and their duly authorized representatives to inspect and audit records and information related to performance of this contract as reasonably may be required.

Access to the Sites of Performance. Contractor shall permit FTA, the RTA, and their duly authorized representatives' access to the sites of performance under this Contract as reasonably may be required.

Federal Changes

Contractor shall at all times comply with all applicable federal laws, regulations, requirements, policies, procedures, guidance, and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the RTA and the FTA, as they may be amended or promulgated from time to time during the term of the Contract. Contractor’s failure to so comply shall constitute a material breach of the

Contract.

Civil Rights

Contractor must prohibit: (a) discrimination based on race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age; (b) exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332; (c) denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; and (d) discrimination identified in

49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.

Contractor must follow the most recent edition of FTA Circular 4702.1, “Title VI

Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.

However, FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its agreement supported with federal assistance under the Tribal Transit Program.

Contractor must comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42

U.S.C. § 2000d, et seq.; (b) U.S. DOT regulations, “Nondiscrimination in Federally-

Assisted Programs of the Department of Transportation – Effectuation of Title VI of the

Civil Rights Act of 1964,” 49 CFR Part 21; and (c) Federal transit law, specifically 49

U.S.C. § 5332; and

Contractor must follow: (a) the most recent edition of FTA Circular 4702.1, “Title VI

Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance;

(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28

C.F.R. § 50.3; and (c) all other applicable federal guidance that may be issued.

Equal Employment Opportunity

1. Federal Requirements and Guidance. Contractor must prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must also comply with: (a) Title VII of the Civil Rights Act of

1964, as amended, 42 U.S.C. § 2000e, et seq.; (b) Title I of the Americans with

Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (c) Executive

Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42

U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (d) federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master

Agreement; and (e) FTA Circular 4704.1 “Equal Employment Opportunity (EEO)

Requirements and Guidelines for Federal Transit Administration Recipients.”

Further, Contractor must follow other federal guidance pertaining to EEO laws, regulations, and requirements.

2. Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), Contractor must take affirmative action that includes but is not limited to: (a) recruitment advertising, recruitment, and employment; (b) rates of pay and other forms of compensation; (c) selection for training, including apprenticeship, and upgrading;

and (d) transfers, demotions, layoffs, and terminations.

3. Indian Tribe. Contractor recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”

Free Speech & Religious Liberty

All Federal funding must be expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, and the environment.

Disadvantaged Business Enterprises Requirements

It is the policy of the RTA and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the

Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the RTA deems appropriate, which may include, but is not limited to:

• Withholding monthly progress payments;

• Assessing sanctions;

• Liquidated damages; and/or

• Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. §

26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the RTA makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the RTA’s written consent; and that, unless the RTA’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49

C.F.R. § 26.53(f) (1).

Prompt Payment

The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.

The contractor must promptly notify the RTA, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of RTA.

Energy Conservation

Contractor shall comply with mandatory standards and policies relating to energy…