RFP_CQ15105_RSS.pdf

Rev. 06/13

Request For

Proposal [Non-Federal]

RailCar Carpet

RFP NO. CQ15105/RSS

RFP Issue Date: January 14, 2015

Proposal Due Date: February 11, 2015

Washington Metropolitan Area Transit Authority

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

TABLE OF CONTENTS

NOTICE TO OFFERORS

NOTICE TO ALL VENDORS

SOLICITATION, OFFER AND AWARD

SOLICITATION INSTRUCTIONS

1. DEFINITIONS

2. PREPARATION OF OFFERS

3. EXPLANATION TO OFFERORS

4. PRIOR REPRESENTATIONS

5. PRE-PROPOSAL CONFERENCE

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

11. CONTRACT AND BONDS

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

9. F.O.B. DESTINATION

10. CONTRACTOR PERSONNEL

11. PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECK REQUIREMENT

12. MOST FAVORED CUSTOMER

13. CONDITIONS AFFECTING THE WORK

14. WARRANTY

15. INDEMNITY

16. Minimum Insurance Requirements

17. BOND REQUIREMENTS

18. PROPOSAL SECURITY

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

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 - TECHNICAL SPECIFICATIONS

Attachments:

I. SCOPE of WORK for RAIL TRANSIT CAR CARPET SPECIFICATION (Revised:

November 20, 2014)

II. PICTURES OF CARPET TYPES

III. Compliance Matrix

IV. QAAW Procedures #113-05, Receiving and Inspections

V. QAAW Procedures #113-06, First Article Inspection (FAI)

VI. QAAW Procedure # 113-19, Supplier Shipping and Delivery VII QAAW Procedure # 113-01, QA Warranty Requirements …………………………87

DIRECTIONS FOR SUBMITTING OFFER

1. Read and comply with the Solicitation Instructions.

2. Please submit the entire proposal in One (1) Compact Disk or USB flash drive and Three

(3) hard copies (original plus 2). Envelopes containing the Price Proposal and Solicitation, Offer & Award form in Volume I, Technical Proposal in Volume II, and Contractual in Volume III. The entire proposals must be sealed and separately marked and addressed to:

600 5 th Street, NW

Washington, DC 20001 Room 3C-02 Attn: Rod So

REF: CQ15105/RSS

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 11, 2015.

OFFERORS ARE ADVISED THAT THE AUTHORITY UTILIZES SECURITY SCREENING

FACILITIES FOR PERSONNEL AND PACKAGES AT THE MAIN ENTRANCE AT 600 FIFTH

STREET AND OTHER FACILITIES. PLEASE ALLOW ADEQUATE TIME TO PASS THROUGH

SECURITY.

FAILURE TO SUBMIT ANY PORTION OF THE WRITTEN REQUIREMENTS MAY CAUSE YOUR

OFFER TO BE REJECTED AND NOT ELIGIBLE FOR AWARD.

QUESTIONS CONCERNING THIS REQUEST FOR PROPOSAL MAY BE DIRECTED TO:

Rod So Contract Administrator

Email: rso@wmata.com mailto:rso@wmata.com

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:

VOLUME I :

o PRICE PROPOSAL (Must be signed, see page 10) o SOLICITATION, OFFER & AWARD FORM (Must be signed, see page 7)

VOLUME II:

o TECHNICAL PROPOSAL o SAMPLES and TEST REPORTS o COMPLIANCE MATRIX (Must be signed, see attachment)

VOLUME III:

o ACKNOWLEDGMENT OF AMENDMENTS (If any) o REPRESENTATIONS AND CERTIFICATIONS (Must be signed, see pages 25-27) o PRE-AWARD DATA (Must be signed. Completed and submit all required Schedule attachments, see pages 28-29) o CERTIFICATE OF INSURANCE

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

YOUR PROPOSAL TO BE CONSIDERED NON-RESPONSIVE AND SUBSEQUENTLY

REJECTED.

Questions concerning this Request for Proposal may be directed to:

Rod So

Contract Administrator Email: rso@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-CQ15105/RSS

SOLICITATION, OFFER AND AWARD

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

RFP CQ15105/RSS

Jan. 14, 2015

Rod So

Office of Procurement 600 Fifth Street NW

Washington, DC 20001

ADVERTISED X NEGOTIATED

SOLICITATION

Sealed offer in One (1) Compact Disk or USB flash drive, One (1) original hard copy and Two (2) extra copies for the supply of carpet for the rail transit car in the price schedules will be received at Authority until 2:00 P.M. Local Time on February 11, 2015.

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 EMAIL/S:

SCHEDULE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SEE PRICE SCHEDULE

YDS $ $

(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 CQ15105/RSS RailCar Carpet

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

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

Name and Signature

Company Name

Date

AWARD SCHEDULE CONTINUED FROM AWARD FORM:

(To be completed at award)

TERM OF THE CONTRACT: The term of this contract shall be one (1) year Base with three (3) one-year options to be exercised at the sole discretion of the Authority as described in the Special Provisions.

Contractor will be required to comply with warranty and reliability programs, if any.

TYPE OF CONTRACT: This is an Indefinite-Delivery Indefinite-Quantity contract at fixed unit price in the Price Schedule.

AVAILABILITY OF FUNDS: See Availability of Funds in Special Provisions.

CONTRACT: In accordance with the solicitation documents, Contract incorporates the following:

RFP CQ15105/RSS dated January 14, 2015 (inclusive of Solicitation Instructions, Representations and Certifications, General Provisions, Special Provisions, Technical Specifications, Appendices and Amendment Nos. 1 through X);

Offeror’s proposal dated Offeror’s Final Proposal Revision dated .

ALTERATIONS:

None.

PRICE SCHEDULE

RFP CQ15105/RSS RailCar Carpet Notes: Refer to Attachment II: Pictures of the Carpet Types

Refer to Attachment I: Scope of Work for Rail Transit Car Carpet Specification Revised: November 20, 2014

BASE YEAR BASE YEAR

Item

No. Carpet Description

Est.

QTY

Unit of Measure

(UOM) Unit Price Extended Price

Type 1: WMATA Item Number

C18116001 6500 Yards

Type 2: WMATA Item Number

C18116002 2200 Yards

Base Year Total -$

OPTION YEAR 1 OPTION YEAR 1

Item

No. Carpet Description

Est.

QTY

Unit of Measure

(UOM) Unit Price Extended Price

Type 1: WMATA Item Number

C18116001 6500 Yards

Type 2: WMATA Item Number

C18116002 2200 Yards

Option Year 1 Total -$

OPTION YEAR 2 OPTION YEAR 2

Item

No. Carpet Description

Est.

QTY

Unit of Measure

(UOM) Unit Price Extended Price

Type 1: WMATA Item Number

C18116001 6500 Yards

Type 2: WMATA Item Number

C18116002 2200 Yards

Option Year 2 Total -$

OPTION YEAR 3 OPTION YEAR 3

Item

No. Carpet Description

Est.

QTY

Unit of Measure

(UOM) Unit Price Extended Price

Type 1: WMATA Item Number

C18116001 6500 Yards

Type 2: WMATA Item Number

C18116002 2200 Yards

Option Year 3 Total -$

GRAND TOTAL PRICE -$

Name of Authorized Person and Signature

Company Name

Date

RFP CQ15105/RSS PRICE SCHEDULE SHEET (Continuation)

Note to Offerors:

1. This is an Indefinite Delivery, Indefinite Quantity type contract for the items listed in the Unit

Price Schedule. Each price for each item shall be firm fixed. All items will be ordered by the Contracting Officer, an Authority Ordering Officers or Authority Representative and based on the items in the Price Schedule Sheet. Note that there is no guarantee that Orders will be issued for the total amount of the initial contract award or the Total Proposed Price.

2. All quantities are estimated for pricing purpose. The Offeror is notified that there will be no adjustment of unit prices for variation in quantities between the estimated quantities and the final quantities ordered in this contract.

3. The guaranteed minimum order which will be required under this contract, and which will be initiated by one or more Orders, shall be a total of Three Hundred Thousand Dollars ($ 300,000).

4. The maximum order which may be ordered by one or more Orders shall be a total of Four Million Dollars ($ 4,000,000.00).

5. Failure to submit prices on all items will necessitate rejection of the offer.

6. The Total Offeror Price will be the sum of all price extension amounts for the listed items.

7. All extensions of the unit prices shown will be subject to verification by the Authority. In case of variation between the unit prices and the extension, the unit price will be considered the offer.

8. The unit price shown on the Price Schedule Sheet shall constitute full compensation for all costs or performance under this contract.

9. The contract price will be evaluated based on the total base price plus all option prices.

The Authority retains the right to award based on total base price only, total base plus options or any combination of base price plus options.

10. The initial award amount will be for the total Authority budget amount for this contract.

The Authority's obligation under this contract is limited to the amount of the Orders placed and the availability of funds as described herein.

11. Notification of the availability of additional funds shall be made as soon as practical if and when the funds become available, but not later than June, 30 of the respective fiscal year unless a later date is agreed to in writing.

12. Offerors are advised to become familiar with the Solicitation Instructions regarding proposal preparation, evaluation criteria and contract award.

13. Offerors are advised to become familiar with articles for availability of funds, multi-year contracts and cancellation of items. The Contractor is advised not to perform any work or incur any costs for work above the available funding until notified in writing by the Contracting Officer.

14. Invoice for payment shall be arranged to correspond to each Order.

ORDERING:

a. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders from the duly authorized Contracting Officer, Ordering Officer or AR designated in the award document or subsequent letters. Such orders may be oral or by written telecommunication issued anytime during the life of this contract.

b. All delivery orders are subject to the terms and conditions of this contract. In the event of a conflict between the delivery order and this contract, the contract shall control.

c. If mailed, a delivery order is considered "issued" when WMATA deposits the order in the mail.

d. Oral orders will be followed up by a written communication.

e. Orders will include the following information:

(1) Date of the order;

(2) Contract number and an order number;

(3) Item number, description, quantity, and unit price;

(4) Delivery or performance date;

(5) Place of delivery or performance;

(6) Packaging, packing, and shipping instructions (if any);

(7) Accounting and appropriations data; and

(8) Any other pertinent information.

CONTRACT QUANTITY LIMITATIONS:

a. Minimum Quantity -- $ 300,000.00

b. Maximum Quantity -- $ 4,000,000.00

c. Vendor may propose minimum and maximum order quantity. If agreed to in writing by the vendor, orders below the minimum or above the maximum may be made without any change in pricing.

INDEFINITE DELIVERY/INDEFINITE QUANTITY

a. This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and service listed in the Schedule are estimates only and are not purchased by this contract.

b. Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering Clause. The Contractor shall furnish to the Authority, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Authority shall order at least the quantity of supplies or services designated in the Schedule as the minimum.

c. Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Authority may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Authority’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided that the Contractor shall not be required to make any deliveries under this contract after five years from date of contract award.

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. 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 Price 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. All Requests for explanation should be addressed as follows and submitted via e-mail to Rod So at rso@wmata.com reference RFP No. CQ15105/RSS RailCar Carpet. The deadline for the request for explanation will be Close of Business of January 22, 2015.

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.

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

11. CONTRACT AND BONDS

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

a. The Authority will award a single 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 prospective contractor whose offer is in the competitive range. The prospective contractor shall promptly supply information requested by the Contracting Officer regarding its responsibility. If the prospective contractor 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 prospective contractor, 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 prospective contractor, 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 their proposal as follows:

a. Proposal Format

The original of Volumes I and 2 shall be unbound, all copies of Volumes 1 and 2, as well as Volume 3 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:

o Price Proposal (Must be signed, see page 10).

o Solicitation, offer, and award sheet. (Must be signed, see page 7).

(2) Volume II:

o Technical (Conform to Scope of Work, see attachments).

o Submit Samples and Test Reports.

o Completed Compliance Matrix (Must be signed).

(3) Volume III:

o Contractual o Representations and Certifications. (Must be signed, see pages 25-28) o Pre-Award Data (Completed and Submit All Required Schedule Attachments.

Must be signed, see pages 28-29) o Certificate of Insurance and o Amendments (if any).

Note: Submit one (1) Compact Disk or USB flash drive containing Volumes I, II, and III and Three (3) hard copies (Original plus Two).

b. Volume I:

o Price Proposal. All information relating to cost or pricing data must be submitted in this volume. Under no circumstances shall cost or pricing data be included elsewhere in the offeror’s proposal. The offeror must sign the Price Schedule. (See page 10).

o Solicitation, offer and award sheet. Offeror must complete and submit the solicitation, offer, and award sheet (See page 7) and sign.

c. Volume II:

o Technical Proposal. 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 will meet the specifications in accordance with the Authority’s requirements.

Technical proposals shall be specific, detailed, and complete and demonstrate that the Offeror has a thorough knowledge and understanding of the requirements. Offeror’s shall avoid statements which paraphrase the specifications or attest that "standard procedures will be employed," are inadequate to demonstrate how it is proposed to comply with the requirements of the specifications, and this clause.

The Technical Proposal as a minimum must submit and include the following:

o Conform to every detail specified in the attached Scope of Work for Rail Transit Car

Carpet Specification Revised: November 20, 2014.

o Submit Warranty Plan and Quality Assurance Manual as required in the scope of work.

o SAMPLES and Test Reports must be submitted together with the proposal.

o Compliance Matrix. The Offeror must complete and sign the attached Compliance Matrix showing the degree of compliance to the Scope of Work for Rail Transit Car Carpet Specification Revised: November 20, 2014.

d. Volume III:

o Contractual. Contractual documents to be submitted with the proposal must include;

o Representations, and Certifications (See pages 25-27).

o Pre-Award Data (Completed and submit all required Schedule Attachments) (See Pages 28-29).

o Certificate of Insurance.

o Amendments (if any).

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

Authority will make a single award for all line items in the schedule of prices resulting from this solicitation.

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, a proposal risk rating, and a performance risk rating. The adjectival rating depicts how well the Offeror’s proposal meets the evaluation standards and solicitation requirements in the Technical Area. The proposal risk assesses the risks associated with the Offeror’s proposed approach as it relates to accomplishing the requirements of the Request for Proposal. Performance risk assesses the probability of the Offeror successfully accomplishing the proposed effort based on the Offeror’s demonstrated past and present performance.

20. PROPOSAL EVALUATION CRITERIA

Technical proposals will be evaluated based on the following criteria:

1. Conform to the Scope of Work: This shall consider the degree in which the offeror conforms to the specification in the attached Scope of Work of the Rail Transit Car Carpet

Specification dated November 20, 2014.

The offeror must submit together with its proposal three (3) samples of each carpet type, two (2) square feet in size and clearly identified but do not have to be of the same color and pattern. See 4.3 Advance Representation of the Scope of Work Rail Transit Car Carpet

Specification (Revised: November 20, 2014). The samples must have passed the functional characteristics stipulated in 3.3 Rail Transit Car Carpet Specification with test reports provided.

The offeror must also conform to the FINAL ACCEPTANCE conditions as stipulated in 4.3

Advance Representation of the Scope of Work Rail Transit Car Carpet Specification

(Revised: November 20, 2014). Refer to the #25 First Article Clause in the Special

Provision of this RFP for detailed conditions and requirements.

The offeror shall complete and submit in their offering the attached Compliance Matrix by placing a check on “C” Compliant, “NC” Not Compliant, and “NA” Not Applicable box section or sub-sections. If a box is checked NC or NA, then the offeror must provide detailed comments as to why the functional or technical requirement cannot be met or is not applicable and then propose alternatives, if any which are equivalent or better for

WMATA’s consideration.

2. Conform to Pre-Award Evaluation Requirements and Past Performance.

These criteria shall consider the degree to which the offeror conforms to the requirements of the Pre-Award Evaluation Data. The offeror must accomplish, complete, provide, sign, and submit ALL the applicable Schedule requirements of the Pre-Award Evaluation Data.

The offeror must also conform to the #6.0 Past Performance and Experience (page 9) in the Scope of Work for Rail Transit Car Carpet Specification (Revised November 20, 2014).

3. Contractor QC/QA Program Evaluation: These criteria shall consider the offeror’s strength in process controls, through project management and service quality. The Offeror must provide their QA Manual as required in the Scope of Work which shows their

QA/Warranty processes in handling the quality/warranty relevant requirements as follows:

Contractor shall have the ability to provide Warranty Plan for their product. A warranty proposal must be part of the submittal.

If applicable the Contractor and/or Subcontractor hereby agrees (i) to obtain all manufacturers' warranties and guarantees of all Subcontractor Items, equipment and materials required by this Subcontract in the names of the Authority and (ii) to deliver such manufacturers' warranties and guarantees to the Authority.

Contractor shall have the capability to produce Certificates of conformance with each shipment; for raw material shipments, certificates shall include the actual Test Report

Values for specification requirements for the material.

Contractor Quality Assurance Manual must demonstrate the manufacturer processes in handling the quality requirements as well as the independent lab procedure for testing the samples.

Tested sample must pass the criteria stipulated in the functional characteristics of the Scope of Work for Rail Transit Car Carpet Specification (Revised: November 20, 2014)

4. Delivery Method: The offeror must conform to the First Article Inspection requirements of this procurement as described in # 25 First Article of the Special Provision of the RFP and

4.3 Advance Representation of the Scope of Work for Rail Transit Car Carpet Specification (Revised: November 20, 2014).

21. RATINGS FOR PROPOSAL EVALUATION CRITERIA

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

Definition of Adjective Rankings:

Acceptable Meets evaluation standards.

Marginal Fails to meet evaluation standard; however any significant deficiencies are correctable. Lacks essential information to support a proposal.

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 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 an Indefinite Delivery Indefinite Quantity Contract. The contractor will be required to submit Invoices to WMATA’s Contracting Officer Technical Representative (COTR) 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

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…