RFP_2K-3K_Rail_Car_Battery_Assemblies.1.pdf

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Request For

Proposal

2K/3K Rail Car Battery Assemblies

RFP NO. CQ14047/FRV

Date: January 28, 2014

Washington Metropolitan Area Transit Authority mailto:fvoellm@wmata.com

TABLE OF CONTENTS

DIRECTIONS FOR SUBMITTING OFFER

NOTICE TO OFFERORS

NOTICE TO ALL VENDORS

SOLICITATION, OFFER AND AWARD

PRICE SCHEDULE SHEET

SOLICITATION INSTRUCTIONS

1. DEFINITIONS

2. PREPARATION OF OFFERS

3. EXPLANATION TO OFFERORS

4. PRIOR REPRESENTATIONS

5. PRE-PROPOSAL CONFERENCE (NOT APPLICABLE)

6. ACKNOWLEDGMENT OF AMENDMENTS

7. REVISIONS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

8. SUBMISSION OF OFFERS

9. LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF OFFERS

10. PROPOSAL GUARANTEE (NOT APPLICABLE)

11. CONTRACT AND BONDS (NOT APPLICABLE)

12 MINIMUM PROPOSAL ACCEPTANCE PERIOD

13. CONTRACT AWARD

14. NOTICE OF PROTEST POLICY

15. PRE AWARD INFORMATION

16. PROPOSAL FORMAT INSTRUCTIONS/REQUIREMENTS

17. RESTRICTION ON DISCLOSURE AND USE OF DATA

18. AWARD

19. BASIS FOR AWARD (Technically Acceptable – Low Price)

20. PROPOSAL EVALUATION CRITERIA

21. RATINGS FOR PROPOSAL EVALUATION CRITERIA

22. PRICE PROPOSAL EVALUATION

23. DEFINITIONS FOR TECHNICAL EVALUATION

24. TYPE OF CONTRACT

25. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

26. BRAND NAME OR EQUAL

27. FEDERAL/LOCAL/STATE SALES TAX

REPRESENTATIONS AND CERTIFICATIONS

REPRESENTATIONS

1. TYPE OF BUSINESS ORGANIZATION

2. AFFILIATION AND IDENTIFYING DATA

CERTIFICATIONS

3. COVENANT AGAINST GRATUITIES

4. CONTINGENT FEE

5. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

6. NONDISCRIMINATION ASSURANCE

7. DISCLOSURES OF INTERESTS OF WMATA BOARD MEMBERS

PRE-AWARD EVALUATION DATA

PART II, SECTION 1 - GENERAL PROVISIONS

1. DEFINITIONS

2. ACCOUNTING AND RECORD KEEPING

3. ASSIGNMENT

4. AUDIT AND RETENTION OF RECORDS

5. AUTHORITY DELAY OF WORK

6. CERTIFICATE OF CURRENT COST OR PRICING DATA

7. CHANGES

8. NONDISCRIMINATION ASSURANCE

9. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME

COMPENSATION

10. CONVICT LABOR

11. CORRECTION OF DEFICIENCIES

12. COST OR PRICING DATA

13. COVENANT AGAINST CONTINGENT FEES

14. DEFAULT

15. DISPUTES

16. EMPLOYMENT RESTRICTION WARRANTY

17. EXTRAS (SUPPLIES)

18. FEDERAL, STATE, AND LOCAL TAXES

19. GRATUITIES

20. INSPECTION OF SERVICES

21. INSPECTION OF SUPPLIES

22. LIMITATION ON WITHHOLDING PAYMENTS

23. NEW MATERIAL (SUPPLY)

24. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (SUPPLY)

25. NOTICE TO THE AUTHORITY OF LABOR DISPUTES

26. OFFICIALS NOT TO BENEFIT

27. ORDER OF PRECEDENCE

28. ORGANIZATIONAL CONFLICT OF INTEREST

29. PATENT INDEMNITY

30. PAYMENTS

31. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA - MODIFICATIONS

32. PRICING OF ADJUSTMENTS

33. RESPONSIBILITY FOR INSPECTION

34. RETENTION OF DOCUMENTS

35. RIGHTS IN TECHNICAL DATA

36. ROYALTY INFORMATION

37. SEAT BELT USE POLICY

38. SENSITIVE SECURITY INFORMATION

39. STOP WORK ORDER

40. SUBCONTRACTOR COST AND PRICING DATA-PRICE ADJUSTMENTS

41. SUBCONTRACTOR PAYMENTS

42. TERMINATION FOR CONVENIENCE OF THE AUTHORITY

43. TITLE

44. VARIATION IN QUANTITY (SUPPLIES)

45. WALSH-HEALEY PUBLIC CONTRACTS ACT

PART II, SECTION 2 - SPECIAL PROVISIONS

1. PERIOD OF PERFORMANCE

2. DELIVERY SCHEDULE

3. OPTION QUANTITIES

4. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

5. PRICING

6. PAYMENT TERMS

7. BILLING AND PAYMENT

8. POINT OF CONTACT

10. CONTRACTOR PERSONNEL

11. PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECK REQUIREMENT

12. MOST FAVORED CUSTOMER

13. CONDITIONS AFFECTING THE WORK

14. WARRANTY

15. INDEMNITY

16. GENERAL INSURANCE REQUIREMENTS

17. BOND REQUIREMENTS (NOT APPLICABLE)

18. PROPOSAL SECURITY (NOT APPLICABLE)

19. LAWS AND REGULATIONS

20. FEDERAL/LOCAL/STATE SALES TAX

21. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

22. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

23. SPECIAL DELIVERY INSTRUCTIONS

24. INSPECTION, TESTING AND ACCEPTANCE

25. FIRST ARTICLE

26. ORGANIZATIONAL CONFLICT OF INTEREST

27. RIGHTS IN TECHNICAL DATA - UNLIMITED

28. LIQUIDATED DAMAGES (NOT APPLICABLE)

29. FORCE MAJEURE CLAUSE

30. SITE VISIT/INSPECTION

31. GARNISHMENT OF PAYMENTS

32. GOVERNING LAW

33. SAFETY REQUIREMENTS

34. LIVING WAGE

35. METRIC SYSTEM

36. WHISTLEBLOWER PROTECTION

37. PUBLIC COMMUNICATION

MID‐ATLANTIC PURCHASING TEAM RIDER CLAUSE

PART III – STATEMENT OF WORK/TECHNICAL SPECIFICATIONS/SAMPLE ETP

PART IV – WMATA ADMINISTRATIVE PROCEDURE 113-19

DIRECTIONS FOR SUBMITTING OFFER

1. Read and comply with the Solicitation Instructions.

2. Envelopes containing Technical and Price proposals must be sealed and separately marked and addressed to:

600 5th Street, NW

Washington, DC 20001 Room 3C-02

Attn: Frederick R. Voellm/CA

ALL ENVELOPES OR PACKAGES MUST BE SEPARATELY MARKED WITH SOLICITATION

NUMBER AS SPECIFIED HEREWITH.

PROPOSAL SHALL BE TIMELY MAILED OR HAND DELIVERED TO REACH WMATA BEFORE

2:00 P.M. (LOCAL TIME) FEBRUARY 27, 2014 ON DAY OF PROPOSAL CLOSING.

NOTICE TO OFFERORS

IN ORDER TO ENSURE THAT YOUR PROPOSAL COMPLIES WITH THE AUTHORITY’S

PROCUREMENT REGULATIONS AND THAT IT WILL BE ACCEPTABLE TO THE AUTHORITY,

THE FOLLOWING FORMS MUST BE COMPLETED & SUBMITTED AS SPECIFIED BELOW WITH

YOUR OFFER:

SOLICITATION, OFFER & AWARD FORM (Must be signed.) VOLUME I ACKNOWLEDGMENT OF AMENDMENTS (if any) VOLUME I

PRICE SCHEDULE SHEET VOLUME I

REPRESENTATIONS AND CERTIFICATIONS VOLUME I

MID‐ATLANTIC PURCHASING TEAM RIDER CLAUSE VOLUME I

PRE-AWARD EVALUATION DATA VOLUME I

MATERIAL SAFETY DATA SHEETS (MSDS) (if applicable) VOLUME I

DBE FORMS (NOT APPLICABLE) VOLUME I

CERTIFICATE OF INSURANCE VOLUME I

TECHNICAL PROPOSAL VOLUME II

FAILURE TO SUBMIT ANY PORTION OF THESE REQUIREMENTS AS SPECIFIED MAY CAUSE

YOUR PROPOSAL TO BE CONSIDERED NON-RESPONSIVE AND SUBSEQUENTLY

REJECTED.

All references to ‘days’ in the RFP shall be considered ‘calendar days’ unless otherwise stated.

Questions concerning this Request for Proposal may be directed to Frederick R. Voellm at e-mail fvoellm@wmata.com.

mailto:fvoellm@wmata.com

NOTICE TO ALL VENDORS

Please be advised that all vendors and contractors who do business with the Washington Metropolitan Area Transit Authority (WMATA) must register in the WMATA Vendor Registration System. Registration is located at http://www.wmata.com New Vendor Registration.

If you are a vendor or contractor and HAVE done business with WMATA in the past, please electronically request your company’s User ID and Password at http://www.wmata.com Forgot User Id/Password.

Attention to Disadvantaged Business Enterprise (DBE)/Small Business and Local Preference Program (SBLPP) companies:

Minority and women owned businesses who are interested in becoming a WMATA DBE should complete an online DBE application. Self certification is required for Small Business and Local Preference as a part of the Vendor Registration.

Registered Vendor Benefits:

• Visibility to WMATA contract administrators and/or purchasing agents during the purchasing decision period;

• Visibility to other 17,500 registered vendors for possible business opportunities;

• Opportunity to update online, company information such as an e-mail address or contact person on-line;

• Sign up for electronic payment option; and

• Ability to electronically reset User Id and Password.

Any questions regarding registration may be addressed to Vendor Relations at (202) 962-1408 or procurement@wmata.com.

http://www.wmata.com/ mailto:procurement@wmata.com

SUPPLY AND SERVICE CONTRACT RFP CQ14047/FRV

SOLICITATION, OFFER AND AWARD

CONTRACT NO. SOLICITATION NO. DATE ISSUED ADDRESS OFFER TO OFFICE OF PROCUREMENT

RFP CQ14047/FRV

Jan 28, 2014 Office of Procurement 600 Fifth Street NW

Washington, DC 20001 X ADVERTISED NEGOTIATED

SOLICITATION

Sealed offer in original and four (4) copies plus one CD for furnishing the supplies or services in the schedules will be received at Authority until 2:00 P.M. local time on February 27, 2014.

(Hour) (Date) If this is an advertised solicitation, offers will be publicly opened at that time.

CAUTION – LATE OFFERS: See paragraph 6 of Solicitation Instructions.

All offers are subject to the following:

1. The Solicitation Instructions which are attached.

2. The General Provisions, which are attached.

3. The Schedule included herein and/or attached hereto.

4. Such other provisions, representations, certifications, and specifications, as are attached or incorporated herein by reference.

Offeror’s Phone Number Offeror’s Fax Number

SCHEDULE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SEE PRICE SCHEDULE SHEET

(See continuation of schedule on page 22)

DUN & BRADSTREET ID NUMBER:

OFFEROR

Name and Address (Street, city, county, state, and zip code)

Name and Title of Person Authorized to Sign Offer (Print or Type)

Signature Offer Date

Check if remittance is different from above — enter such address in Schedule AWARD (To be completed by The Authority)

ACCEPTANCE AND AWARD ARE HEREBY MADE FOR THE FOLLOWING ITEM(S):

ITEM NO. QUANTITY UNIT UNIT PRICE

The total amount of this award is $

Name of Contracting Officer (Print of Type) WASHINGTON METROPOLITAN TRANSIT AUTHORITY AWARD DATE

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET

THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENTS

TO SOLICITATION RFP CQ14047/FRV

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Failure to acknowledge receipt of all amendments may render the offer unacceptable.

Authorized Signature

Company Name

Date

PRICE SCHEDULE SHEET

Item No. Description Qty Unit Unit Price Extended Price

1 2K/3K Battery Assemblies 40 EA $_________ $_________

2 Option 1: 2K/3K Battery 106 EA $_________ $_________ Assemblies*

TOTAL PROPOSAL PRICE $_________

*WMATA anticipates exercising Option 1 within one year of acceptance of the first battery assembly.

1. The prices shown on the Price Schedule Sheet shall constitute full compensation for all costs of performance under this contract.

2. The offeror shall make entries in the columns titled Unit Price and

Extended Price.

3. Price evaluation will be based on the Extended Price.

PRICE SCHEDULE SHEET

Continuation

PROPOSED EQUALS: The following information must be attached to the Price Schedule Sheet for each item that is proposed as an alternate ‘equal’ to the Brand Name item referenced in the Technical Specifications. (Refer to Solicitation Instruction #28 - Brand Name or Equal):

Description of Item: ________________________________ Brand Name/Model in Spec: _________________________ Manufacturer of Equal: _____________________________ Model No. of Equal: ____________________________

Description of Item: ________________________________ Brand Name/Model in Spec: _________________________ Manufacturer of Equal: _____________________________ Model No. of Equal: ________________________________

Description of Item: ________________________________ Brand Name/Model in Spec: _________________________ Manufacturer of Equal: _____________________________ Model No. of Equal: ________________________________

Authorized Signature

Company Name

Date

SOLICITATION INSTRUCTIONS

1. DEFINITIONS

As used herein:

a. The term "solicitation" means "Request for Proposal (RFP)" where the procurement is negotiated.

b. The term "offer" means "proposal" where the procurement is negotiated.

2. PREPARATION OF OFFERS

a. Offerors are expected to examine the Request for Proposals and all referenced documents carefully including the Statement of Work (SOW) and Technical Specifications. (Part IIII) Failure to do so will be at the risk of the Offeror.

b. The offeror shall furnish the information required by the solicitation. The offeror shall sign the solicitation and print or type his/her/its name on the Schedule and each Continuation Sheet thereof on which an entry has been made. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent are to be accompanied by evidence of authority, unless such evidence has been previously furnished to the issuing office.

c. Offers for supplies or services other than those specified will not be considered unless authorized by the solicitation.

d. Offeror must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the solicitation.

e. Time, if stated as a number of days, will include Saturdays, Sundays and holidays.

3. EXPLANATION TO OFFERORS

Any explanation desired by an Offeror regarding the meaning or interpretation of the solicitation documents must be requested in writing and with sufficient time allowed for a reply to reach all Offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to an Offeror concerning a solicitation will be furnished promptly to all Offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if lack of such information would be prejudicial to other Offerors.

4. PRIOR REPRESENTATIONS

The Authority assumes no responsibility for any understanding or representations concerning this solicitation made by any of its officers or agents prior to the issuance of the solicitation, the specifications, or related documents.

5. PRE-PROPOSAL CONFERENCE (NOT APPLICABLE)

For the purpose of clarifying the terms, conditions, and requirements of this Request for Proposal, a pre-proposal conference will be held to respond to questions by interested offerors. This pre-proposal conference will be held at a.m/p.m. on , in the Lobby Level Meeting Room of the WMATA Jackson Graham Building, 600 5th Street, NW, Washington, DC 20001. The purpose of this conference will be to answer questions regarding, or requests for clarifications of, the solicitation documents. It is requested that offerors submit their questions in writing whether in advance of the meeting or during the meeting. Questions from the floor, however, are permissible.

All questions concerning the terms, conditions, and requirements of this Request for Proposal must be received by the Contracting Officer in writing no later than ten (10) calendar days before the date for receipt of proposals.

6. ACKNOWLEDGMENT OF AMENDMENTS

Receipt of an amendment to a solicitation by an Offeror must be acknowledged (a) by signing and returning the amendment, (b) by identifying the amendment number and date on the Solicitation, Offer and Award Form, (c) and by expressly acknowledging the amendment on the designated form and including it as part of the proposal. Such amendment must be received prior to the hour and date specified in the solicitation. If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

7. REVISIONS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

a. The right is reserved by the Authority to revise or amend the Scope of Work, Description of

Work, drawings, etc. prior to the date set for the opening of proposals. Such revisions and amendments, if any, will be announced by an amendment to the Request for Proposal.

Copies of such amendments as may be issued will be furnished to all prospective offerors.

b. If the revisions and amendments require material changes in quantities or price proposals, or both, the date set for the opening of proposals may be postponed by such number of days as in the opinion of the Authority that will enable offerors to revise their proposals. In such cases, the amendment will include an announcement of the new date for the opening of proposals.

8. SUBMISSION OF OFFERS

a. Offers and modifications thereof shall be enclosed in sealed envelopes and addressed to the office specified in the solicitation. The Offeror shall show the hour and date specified in the solicitation for receipt, the solicitation number, and the name and address of the Offeror on the face of the envelope.

b. Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified or withdrawn by written or telegraphic notice, provided such notice is received prior to the hour and date specified for receipt.

c. Facsimile offers, modifications or withdrawals will not be considered unless authorized by the Authority.

9. LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF OFFERS

a. Any offer received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it

(1) Was sent by registered or certified U.S. mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been sent by registered mail by the 15th;

(2) Was sent by mail or, if authorized by the solicitation, was sent by telegram or via facsimile and it is determined by the Authority that the late receipt was due solely to mishandling by the Authority after receipt;

(3) Was sent by U.S. Postal Service Express Mail Next Day Service Post Office to

Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of offers. The term "working days" excludes weekends and U.S. Federal holidays; or

(4) Is the only offer received.

b. Any modification of an offer, except a modification resulting from the Contracting Officer's request for "revised final proposals" offer, is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision.

c. A modification resulting from the Contracting Officer's request for "revised final proposals" received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the Authority.

d. The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by registered or certified mail is the U.S. or Canadian Postal Service postmark on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer, modification or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been affixed by employees of the U.S.

or Canadian Postal Service on the date of mailing. Therefore, Offerors should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

e. The only acceptable evidence to establish the time of receipt by the Authority is the time/date stamp of that installation on the proposal wrapper or other documentary evidence of receipt maintained by the Authority.

f. The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph (d) of this provision, excluding postmarks of the Canadian Postal Service.

Therefore, offeror or quoter should request the postal clerk to place a legible hand cancellation bulls-eye postmark on both the receipt and the envelope or wrapper.

g. Notwithstanding paragraph "a" above, a late modification of any otherwise successful offer that makes its terms more favorable to the Authority will be considered at any time it is received and may be accepted.

h. Proposals may be withdrawn by written notice or telegram (including mailgram) received at any time before award. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision entitled "Facsimile Proposals". Proposals may be withdrawn in person by an Offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award.

10. PROPOSAL GUARANTEE (NOT APPLICABLE)

A proposal guarantee is required by the Request for Proposal. Failure to furnish a proposal guarantee in the proper form an amount with the Price Proposal, by the time set for the receipt of proposals may be cause for rejection of the proposal.

A proposal guarantee shall be in the form of a firm commitment, such as a proposal bond (form supplied in Section ______), postal money order, certified check, cashier’s check, irrevocable letter of credit from a State or Federally chartered bank or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Corporation executing the proposal bond as sureties must be among those appearing on the Treasury Department’s list of approved sureties and must be acting within the limitations set forth therein. Proposal guarantees, other than proposal bonds, will be returned as follows:

To unsuccessful proposers: As soon as practicable after the receipt of proposals.

a. To the successful proposer: Upon execution of such further contractual documents and bonds as may be required by the proposal as accepted.

b. If the successful proposer, upon acceptance of its proposals by the Authority within the

Acceptance Period, fails to execute such further contract documents and give such bond(s) as may be required by the terms of the contract, its contract may be terminated for default.

In such event, the successful proposer shall be liable for any cost of procuring the work which exceeds the amount of its proposal, and the proposal guarantee shall be available toward offsetting such difference.

11. CONTRACT AND BONDS (NOT APPLICABLE)

The proposer whose Technical and Price Proposal are accepted shall, within the time established in the contract documents, enter into a written contract with the Authority and furnish performance bonds if applicable, on standard Authority forms in the amounts indicated in the General Condition of the contract.

12 MINIMUM PROPOSAL ACCEPTANCE PERIOD

a. "Acceptance period," as used in this provision, means the number of calendar days available to WMATA for awarding a contract from the date specified in this solicitation for receipt of proposals.

b. This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

c. WMATA requires a minimum acceptance period of 120 calendar days from the latest revised proposal.

13. CONTRACT AWARD

If this solicitation is a Request for Proposals:

a. The Authority will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Authority cost or price and other factors, specified elsewhere in this solicitation, considered.

b. The Authority may (1) reject the offer if such action is in the public interest, or (2) waive informalities and minor irregularities in offers received.

c. The Authority may award a contract on the basis of the initial offer received, without discussions (other than discussions conducted for the purpose of minor clarifications).

Therefore, the initial offer should contain the Offeror's best terms from a cost or price and technical standpoint. However, the Authority reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

d. A written award or acceptance of offer mailed or otherwise furnished to the successful

Offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Authority may accept an offer (or part of an offer, as provided in paragraph (d) above) whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the Authority.

e. Neither financial data submitted with an offer, nor representations concerning facilities or financing will form a part of the resulting contract. However, if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished is incomplete, inaccurate, or not current.

f. The Authority may determine that an offer is unacceptable if the prices proposed are materially unbalanced between line items or sub-line items. An offer is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the offer will result in the lowest overall cost to the Authority even though it may be the low evaluated offer, or it is so unbalanced as to be tantamount to allowing an advance payment.

14. NOTICE OF PROTEST POLICY

a. WMATA policy and procedure for the administrative resolution of protests is set forth in Chapter 17 of the Authority's Procurement Procedures Manual (PPM). Chapter 17 contains strict rules for filing a timely protest, for responding to a notice that a protest has been filed, and other procedural matters. The Contracting Officer can furnish a copy of Chapter 17 upon request.

b. FTA Circular 4220.1F, addresses Protests. FTA will only review protests regarding the alleged failure of the grantee to have a written protest procedure or alleged failure to follow such procedures, and only when submitted by an interested party. The term "interested party" is defined in the Authority policy for handling protests.

c. Alleged violation on other grounds must be submitted to the Contracting Officer who will decide the protest.

d. The judicial authorities having jurisdiction over court actions concerning protest decisions are the United States District Courts for the Districts of Maryland, Virginia, and the District of Columbia, and the local courts in Maryland, Virginia, and the District of Columbia.

15. PRE AWARD INFORMATION

a. Before making a determination of responsibility, the Contracting Officer shall possess or obtain information sufficient to satisfy the applicable standards and requirements for responsibility set forth in this Chapter.

b. The Contracting Officer shall obtain information regarding the responsibility of a offeror whose offer is in the competitive range. The offeror shall promptly supply information requested by the Contracting Officer regarding its responsibility. If the offeror fails to supply the information requested, the Contracting Officer shall make a determination of nonresponsibility based upon the lack of available information.

c. The Contracting Officer shall use the following sources of information, listed in priority order to support responsibility determinations:

(1) General Services Administration publication titled “System for Award Management” (“SAM”), formerly the “Excluded Parties List System.” The results of the search must be printed and placed in the contract file;

(2) Written records and experience data, including verifiable knowledge of Authority personnel, and other sources, i.e.: publications, suppliers, subcontractors, and customers of the offeror, financial institutions, government agencies, and business and trade associations. Contract Administrators and other Authority personnel who become aware of circumstances casting doubt on a contractor’s ability to perform a contract successfully shall promptly inform the Contracting Officer and furnish the relevant information in writing;

(3) Information supplied by the offeror, including proposal information, questionnaire replies, financial data, information on production equipment and personnel information; and

(4) Pre-award survey reports.

16. PROPOSAL FORMAT INSTRUCTIONS/REQUIREMENTS

The offeror shall submit its proposal as follows:

Proposal Format

The original of Volume I shall be unbound, all copies of Volumes 1 and 2 will be separately bound and all copies shall have the RFP number, the offeror’s identity, volume number, and volume title printed on the cover page. Volumes shall be submitted in the following order:

(1) Volume I – Cost/Price - One (1) original and four (4) copies Solicitation, Offer & Award Form, Acknowledgment of Amendments, Price Schedule Sheet, Representations and Certifications, Mid‐Atlantic Purchasing Team Rider Clause, Pre-Award Evaluation Data, Material Safety Data Sheets (MSDS), DBE Forms (Not Applicable), and Certificate of Insurance.

(2) Volume II – Technical - One (1) original and four (4) copies of the technical proposal (Shall not include cost/price information) The technical proposal shall enable WMATA evaluating personnel to make a thorough evaluation and arrive at a sound determination as to whether or not the proposal “meets or exceeds” requirements in the Statement of Work/Technical Specifications included in this solicitation. To this end, the technical proposal shall be as specific, detailed, and complete as to clearly and fully demonstrate that the offeror has a thorough knowledge and understanding of the requirements and the personnel resources with the best capabilities to provide all of the required services. Statements that simply paraphrase the Statement of Work/Technical Specifications or attest that standard procedures will be employed, will be considered inadequate to demonstrate how it is proposed to best meet OR exceed WMATA’s requirements.

As a minimum the proposal must clearly provide information to support the evaluation factors identified in Solicitation Instruction #19, Proposal Evaluation Criteria, and should be presented as follows:

Tab A – Specification Compliance: Under Tab A include evidence of the offeror’s compliance with the Technical Specifications as evidenced through technical literature, charts, diagrams, designs, test reports, and any other applicable documentation.

Tab B – History of Past Performance: Under Tab B include a list of completed contracts and a list of on-going contracts comparable and similar in nature to the present solicitation.

Offeror must provide history of at least five (5) completed contracts of a comparable and similar nature within the past five years with U.S. transit agencies. Contact information of previous customers to support this factor is required. Each list shall include title, scope of work, award date, actual or estimated completion date, contract value, procuring organization, point of contact at procuring organization, and telephone number of point of contact. In addition, the offeror must provide history of successful delivery of at least 1000 rail car batteries to U.S. transit agencies within the last five years.

Tab C - Project Management and Quality Control: Under Tab C include past experience of the program manager and his team, and evidence of the ability to manage the schedule and ensure delivery and acceptance of batteries to U.S. transit agencies by the stated due date. Contractor must provide evidence of quality control consistent with ISO 9001.

17. RESTRICTION ON DISCLOSURE AND USE OF DATA

The Authority shall provide all reasonable precautions to insure that proprietary, technical and pricing information remains within the review process. Offerors shall attach to any proprietary data submitted with the solicitation the following legend:

a. "This data furnished pursuant to this RFP shall not be disclosed outside the Authority, be duplicated, or used in whole or in part, for any purpose other than to evaluate the offer;

provided that, if a contract is awarded on the basis of that offer, the Authority shall have the right to duplicate, use, and disclose this data, in any manner and for any purpose whatsoever.

b. This information does not limit the Authority's right to use information contained in this data if it is or has been obtained by the Authority from another independent legitimate source.

c. Except for the foregoing limitation, the Authority may duplicate, use, and disclose in any manner and for any purpose whatsoever and have others so do, all data furnished in response to this solicitation."

18. AWARD

WMATA intends to award two separate contracts to two separate contractors for the purchase of 40 battery assemblies under each contract (80 total). Contracts will be awarded to the two contractors whose proposals are judged to be the lowest price technically acceptable, as defined in Special Provision #19 ‘Proposal Evaluation Criteria.’ The battery assemblies provided under each of the two contracts will be tested and evaluated for technical and operating merit in accordance with the sample Engineering Test Plan (ETP) (Attachment B). Following the test, WMATA reserves the right to exercise the option to purchase additional battery assemblies from the Contractor whose battery assemblies are judged to be the lowest price technically acceptable that will include a review and evaluation of the test results to determine compliance with the technical requirements.

19. BASIS FOR AWARD (Technically Acceptable – Low Price)

TECHNICALLY ACCEPTABLE – LOW PRICE

a. The Authority will award a contract resulting from this solicitation to the responsible Offeror whose offer conforms to the solicitation and is determined to be the lowest priced among those offers rated “Technically Acceptable.”

The Authority may (1) reject any or all offers if such action is in WMATA’s interest, (2) accept other than the lowest offer, and (3) waive minor informalities and irregularities in offers received.

b. Offeror’s are advised that the award may be made without discussions or any contact with the offerors concerning the offers received except for minor clarifications. However, the Authority reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, each initial offer should contain the offeror’s best terms from a cost or price technical standpoint.

c. Price evaluation will be based on the total cost to the Authority for base year requirements plus optional requirements (if any).

d. The technical items will be evaluated by an adjectival rating as defined in Solicitation

Instruction #21 ‘Ratings for Proposal Evaluation Criteria.

20. PROPOSAL EVALUATION CRITERIA

Specification Compliance: Include evidence of the offeror’s compliance with the Technical Specifications as evidenced through technical literature, charts, diagrams, designs, test reports, and any other applicable documentation.

History of Past Performance: Include a list of completed contracts and a list of on-going contracts comparable and similar in nature to the present solicitation. Offeror must provide history of at least five (5) completed contracts of a comparable and similar nature within the past five years with U.S. transit agencies. Contact information of previous customers to support this factor is required. Each list shall include title, scope of work, award date, actual or estimated completion date, contract value, procuring organization, point of contact at procuring organization, and telephone number of point of contact. In addition, the offeror must provide history of successful delivery of at least 1000 rail car batteries to U.S. transit agencies within the last five years.

Project Management and Quality Control: Include past experience of the program manager and his team, and evidence of the ability to manage the schedule and ensure delivery and acceptance of batteries to U.S. transit agencies by the stated due date.

Contractor must provide evidence of quality control consistent with ISO 9001.

21. RATINGS FOR PROPOSAL EVALUATION CRITERIA

Each criterion will be rated using the Adjectival scoring method as follows:

Acceptable Meets evaluation standards, weakness are correctable.

Unacceptable Fails to meet an acceptable evaluation standard and the deficiency is uncorrectable. Proposal would have to undergo a major revision to become acceptable. Demonstrated lack of understanding of WMATA’s requirements or omissions of major areas.

A rating of “Acceptable” is required in each criterion to be eligible for award consideration. Offeror is cautioned to be aware of this standard when preparing your Proposal.

22. PRICE PROPOSAL EVALUATION

a. The Authority will evaluate price proposals for reasonableness, completeness, and realism as appropriate. Each Offeror’s cost will be evaluated in terms of the following which are equal in importance:

(1) Submittal of proposed prices for both the Base and the Options, if any, failure to do so will necessitate rejection of the proposal;

(2) Any offer which is materially unbalanced may be rejected. An unbalanced offer is one which is based on prices that are significantly overstated for some items and understated for other items;

(3) The Authority will compare the price proposals to the Authority estimate and otherwise determine reasonableness by performing a price analysis if adequate competition exists. A cost analysis will be performed if adequate price competition does not exist, to ascertain whether or not the proposed price is fair and reasonable; and

(4) In accordance with FAR 15.804-3, the Offeror shall provide certified cost or pricing data as requested by the Contracting Officer.

23. DEFINITIONS FOR TECHNICAL EVALUATION

Clarifications: Communications with an Offeror for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal.

Unlike discussions, clarifications do not give the Offeror an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistake results in revisions.

Discussions: Oral or written communications including negotiations between the

Authority and an Offeror (other than clarifications) that; involves information essential for determining the acceptability of the proposal or to cure identified defects in the proposal.

Deficiencies: Defects in the proposal which preclude acceptance. Involves any part of the Offeror’s proposal which would not satisfy the Authority’s minimum requirements established in the solicitation. Included failures to meet specifications, submit information, or questionable technical or management approaches. Items disclosed during discussions, evaluated in two categories: material-basis for rejection because further discussions would be meaningless; curable –may be corrected by clarifications or discussions and brought into the competitive range.

Weakness: Includes ambiguities, lack of complete descriptions, errors in interpretation, omissions of essential information, inadequate information, all of which are considered curable in discussions. An excessive number of clarifications may in itself constitute a weakness.

Strengths: Elements of the proposal that meet or exceed the minimum requirements of the solicitation and provide an identified benefit to the Authority.

24. TYPE OF CONTRACT

The Authority will award a Firm Fixed Price Contract(s). The contractor will be required to submit Monthly Invoices to WMATA’s Contracting Officer Technical Representative for payment approval.

25. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

As regards this solicitation and the resultant contract:

a. All communications (oral, written, electronic and otherwise including but, not limited to software coding) shall be in the English language.

b. All pricing shall be in United States dollars.

26. BRAND NAME OR EQUAL

a. If items called for by this Request for Proposal have been identified in the Schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Proposals offering "equal" products including products of the brand name manufacturer other than the one described by brand name will be considered for award if such products are clearly identified in the proposals and are determined by the Authority to meet fully the salient characteristics requirements in the Request for Proposals.

b. Unless the Offeror clearly indicates in his proposal that he is offering an "equal" product, his proposal shall be considered as offering a brand name product referenced in the Request for Proposals.

c.(1) If the offeror proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished in the space provided in the Request for Proposals, or such product shall be otherwise clearly identified in the proposal. The evaluation of proposals and the determination as to equality of the product offered shall be the responsibility of the Authority and will be based on information reasonable available to the Department of Procurement.

CAUTION TO OFFERORS. WMATA is not responsible for locating or securing any information which is not identified in the proposal and reasonably available to the Authority.

Accordingly, to insure that sufficient information is available, the Offeror must furnish as a part of his proposal all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the Authority to determine whether the product offered meets the requirements of the Request for Proposals.

27. FEDERAL/LOCAL/STATE SALES TAX

a. The Authority is exempt under this solicitation from all Federal, State and District of Columbia, municipal and local taxation.

b. This provision supersedes any language pertaining to payment of taxes that may appear elsewhere in this solicitation.

c. The Authority's tax exempt numbers are as follows: District of Columbia -- 5611-0082187-

001; Maryland -- 30072210; Virginia -- 5280-0067.

REPRESENTATIONS AND CERTIFICATIONS

(NON-FEDERALLY FUNDED SUPPLY/SERVICE/CONSTRUCTION CONTRACTS)

REPRESENTATIONS

Instructions: Check or complete all applicable boxes or blocks on this form and submit it with your offer.

1. TYPE OF BUSINESS ORGANIZATION

By submission of this offer, the offeror represents that it operates as [ ] an individual, [ ] a partnership, [ ] a limited liability company, [ ] a joint venture, [ ] a nonprofit organization, or [ ] a corporation, incorporated under the laws of the State of _________________.

2. AFFILIATION AND IDENTIFYING DATA

Each offeror shall complete (a), (b) if applicable, and (c) below, representing that:

(a) It [ ] is, [ ] is not, owned or controlled by a parent company. For this purpose, a parent company is defined as one which either owns or controls the activities and basic business policies of the offeror. To own another company means the parent company must own at least a majority, i.e., more than 50 percent, of the voting rights in that company. To control another company, such ownership is not required; if another company is able to formulate, determine or veto basic business policy decisions of the offeror, such other company is considered the parent of the offeror. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements or otherwise.

(b) If the offeror is owned or controlled by a parent company, it shall insert in the space below the name and main office address of the parent company:

Name of Parent Company

Main Office Address (including ZIP Code)

(c) If the offeror has no parent company, it shall provide in the applicable space below its own Employer's Identification Number (E.I.N.), (i.e., number used on Federal Tax Returns or, if it has a parent company, the E.I. No. of its parent company).

Offeror E.I. Number: ____________ or, Parent Company's E.I. Number: ______

(d) If a Data Universal Numbering Systems (DUNS), number has not been established for the address entered on the Solicitation, Offer, and Award Form, the Authority will arrange for the assignment of this number after award of a contract and will notify the Contractor accordingly.

CERTIFICATIONS

3. COVENANT AGAINST GRATUITIES

By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

Neither it nor any of its employees, representatives or agents have offered or given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer or employee of the Authority with the view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract.

4. CONTINGENT FEE

By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(a) It [ ] has, [ ] has not, employed or retained any company or persons (other than a full-time, bona fide employee working solely for the offeror) to solicit or secure this contract, and

(b) It [ ] has, [ ] has not, paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the offeror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract.

5. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

(a) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or with any other competitor, as to any matter relating to such prices;

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not be knowingly disclosed by the offeror prior to award (in the case of a negotiated procurement), directly or indirectly, to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition.

(b) Each person signing this offer certifies that:

(1) He or she is the person in the offeror’s organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above; or

(2) He or she is not the person in the offeror’s organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated; and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent does hereby so certify.

6. NONDISCRIMINATION ASSURANCE

By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, in connection with this procurement that it will not discriminate on the basis of race, color, creed, national origin, sex, age in the performance of this contract. The offeror is required to insert the substance of this clause in all subcontracts and purchase orders. 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 Authority deems appropriate. The offeror further agrees by submitting this offer that it will include this certification, without modification, in all subcontracts and purchase orders.

7. DISCLOSURES OF INTERESTS OF WMATA BOARD MEMBERS

For purposes of this disclosure, terms in bold are defined by the Code of Ethics for Members of the WMATA Board of Directors a copy of which is available at www.wmata.com. Financial interest includes ownership interests and prospective and actual income. Firm includes parents, subsidiaries and affiliates.

By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that to the best of your knowledge, information and belief in connection with this procurement:

(a) [ ] No WMATA Board Member, Household Member or Business Associate has a financial interest in this firm, in a Financial Transaction with the Authority to which this firm is a party or prospective party, or in an Actual or Prospective Business Relationship with the Authority to which this firm is a party.

(b) [ ] The following WMATA Board Member(s), Household Member(s) or Business

Associate(s) has a financial interest in this firm, in a Financial Transaction with the Authority to which this firm is a party or prospective party, or in an Actual or Prospective Business Relationship with the Authority to which this firm is a party, Include in Nature of Interest below a description of the financial interest and (1) for ownership interests, the value of the interest, the name and address of the firm in which the interest is held, and the total equity or equivalent interest of the firm; and (2) for income, the amount of all income received by the Board Member, Household Member or Business Associate in the current and preceding fiscal year for services provided, and the name and address of the firm from which the income was received.

Name of Board Member Nature of Interest Household Member or Business Associate

(c) The certification required by subparagraphs (a) and (b) above shall be included in all subcontracts. The prime contractor shall furnish copies of certifications to the contracting officer and retain a copy for inspection upon the contracting officer’s request.

SIGNATURE BLOCK FOR ALL REPRESENTATIONS AND CERTIFICATIONS

Name of Offeror:

Name and Title of Authorized Representative:

Print and Sign Name

Title Date

PRE-AWARD EVALUATION DATA

PROJECT DESCRIPTION:

1. Name of Firm

2. Address:

3. [ ] Individual [ ] Partnership [ ] Corporation [ ] Joint Venture

4. Date Organized .

State in which…