AMENDMENT_1___(IFB_CQ18114).pdf

PROC/BMN Rev. 10/95 —

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

600 Fifth Street, NW, Washington, DC 20001-2651

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT

1. AMENDMENT / MODIFICATION 2. EFFECTIVE DATE

#1 (Same as block 17)

3. ISSUED BY PURCHASING SECTION 4. ADMINISTERED BY (If other than block 3)

WMATA

Office of Procurement & Materials – Construction

600 Fifth Street, NW Washington, DC 20001

SAME AS – INDICATED

5. CONTRACTOR

NAME AND ADDRESS

6. FORM TYPE

(Check only one)

AMENDMENT OF SOLICITATION NO. CQ18114

DATE 12/5/2018 (See block 7) (Street, city, county, state, and Zip Code)

MODIFICATION OF CONTRACT/ORDER NO.

DATE (See block 9)

7. THIS BLOCK APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in block 10. The hour and date specified for receipt of Offers is extended, is not extended. Offerors must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation, or as amended, by one of the following methods; (a) By signing and returning copies of this amendment; (b) by acknowledging receipt of this amendment on each copy of the offer submitted; or (c) by separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If, by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided such telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

8. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

9. THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS

(a) This Change Order is issued pursuant to The Changes set forth in block 10 are made to the above numbered contract/order.

(b) The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data, etc.) set forth in block 10.

(c) This Supplemental Agreement is entered into pursuant to authority of It modifies the above numbered contract as set forth in block 10.

10. DESCRIPTION OF AMENDMENT/MODIFICATION

Solicitation: IFB CQ18114 Compliance Inspections & Testing Services for UST’s – IDIQ

(1) Pre-Bid Meeting Minutes

(2) Q&A (1 thru 7)

(3) Responsible Bidder – Requirements (page 17) added staffing requirements .

Revisions were made in the bid documents; applicable pages identified with a vertical bar that appears in the right margin at the revision location. In addition, page(s) footer are marked with “AMENDMENT”.

Except as provided herein, all terms conditions of the document referenced in block 6, as heretofore changed, remain unchanged in full force and effect.

11. CONTRACTOR/OFFEROR IS REQUIRED TO SIGN

THIS MODIFICATION AND RETURN 1 COPIES TO

ISSUING OFFICE.

CONTRACTOR/OFFEROR IS NOT REQUIRED TO

SIGN THIS DOCUMENT

12. NAME OF CONTRACTOR/OFFICE 15. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

BY BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

13. NAME AND TITLE OF SIGNER (Type or print) 14. DATE SIGNED 16. NAME OF CONTRACTING OFFICER (Type or print)

17. DATE SIGNED

Margarita Rodriguez, CA 12/5/2018

Margarita Rodriguez Contract Administrator Procurement & Materials - Construction

Digitally signed by Margarita Rodriguez DN: cn=Margarita Rodriguez, o=WMATA, ou=Office of Procurement & Materials, email=mdRodriguez@WMATA.com, c=US Location: WMATA -JGB - 4th Floor (#403A) Date: 2018.12.05 19:38:59 -05'00'

MEETING MINUTES

TYPE OF MEETING PRE-BID CONFERENCE

BID/SOLICITATION CQ18114/MDR

PROJECT Compliance Inspections & Testing Services for UST’s - IDIQ

DATE/TIME Tuesday, November 27, 2018 @ 10:00 AM

LOCATION

Conference Room 1

WMATA

8100 Professional Place, Suite #100

Hyattsville, MD 20785

Attachment A: Agenda/Handout & Question form

Attachment B: Pre-Bid Attendance

Attachment C: Bidder’s List

Attachment D: Schedule of Activities

Discussions and Contacts Disclaimer: Please note that none of the discussions from today’s meeting, any communications with the above referenced solicitation, are for informational purposes only. Statements or representations made during this meeting are NOT legally binding.

Bid Documents may only be changed through the use of explicitly identified as such in any amendment(s) that may be issued by WMATA.

A. Introductions.

WMATA’S

STAFF

Margarita Rodriguez Contract Administrator

Department

EMIH / SAFE

Claire Fox Deputy Chief

Troy S. Lundy Engineer

Attendees Carly Boston, Environmental Specialist

B.S. Environmental, Inc.

FACILITATOR: Margarita Rodriguez, Contract Administrator

B. Safety Contact:

Beware of your surroundings, be careful to look around, avoid slips and fall.

Mr. Lundy provided the exit routes in the building if there were an emergency.

C. Point of Contact:

To keep the integrity of the procurement all correspondence(s) and point of contact must be directed to the Contract Administrator.

Any correspondence outside of the Contract Administrator may cause cancellation of the solicitation.

D. Contract Requirements:

Emphasized this solicitation is an IFB (Invitation for Bids), where bidders “must” conform to the solicitation documents. If there are exceptions your bid will be “rejected” as being non-responsive.

This is not a Federally Funded project (Funded by Operational Funds) – Representations & Certifications must be completed, along with the other required bid submittals.

Solicitation Document Page 11 – Preparation of Bids Page 12 – Submittal of Bids “PROCORE” “ELECTRONIC SUBMISSION”

Page 14 – Responsive Bids / Late Bids & Modifications Page 17 – Responsible Bidder – Requirements

Representations & Certifications (pages 24 thru 31) Pre-Award Evaluation Data (pages 32 & 33)

The applicable boxes must be checked on the forms - if not your bid will be rejected as nonresponsive.

All is NOT APPLICABLE NO Disadvantaged Business Enterprises (DBE) NO Bonding (Bid Bond, Performance & Payment Bond) NO Retainage NO Liquidated Damages

Last day to submit questions will be this Friday 11/30/2018.

All questions shall be directed to Ms. Rodriguez’s attention.

E. Required Bid forms to be submitted with BIDS DUE WED. Dec. 12, 2018 2PM EST:

Solicitation, Offer and Award

Price Schedule - Use excel sheet

Representations & Certifications

Pre-Award Evaluation (please include all applicable attachments).

Document/verification the Certificate of Insurance (COI) is attainable.

Bidders must submit “electronically” through PROCORE, one set of forms executed by required signatures that are authorized to bind contractual agreements with WMATA.

Bids will be considered non-responsive if the proper signature(s) / documentation are not submitted.

• All bid forms submitted are executed with the proper authorized signature(s).

• When completing bid pricing, please keep in mind other cost factors:

Insurance & Operational/administration costs Unit prices with calculations are accurate

• Acknowledge all addendums.

Prices submitted must be realistic pricing. Unbalanced bids are subjected to be non-responsive.

Basis of award will determine the “apparent low bidder”.

AWARD: Firm Fixed Price (FFP) “Unit Prices” for the 5 years period of performance.

F. Responsible Bidder - Requirements (Reference page 17) Ms. Rodriguez advised because of the urgency in getting a contract in place the requirements/submittals are to be submitted with the bid.

• Pre-Award Evaluation Data (with applicable attached documents)

• Contractors Experience/Qualifications, Licenses/Certifications

• Resumes

• Financial Statements – can be submitted upon notification of the “Apparent Low Bidder”.

G. Insurance (Reference : pages 66 thru 72) Insurance requirements – please review.

H. Overview/Description of the Project:

Mr. Troy S. Lundy, presented the Contract Scope.

The purpose of the contract is to perform federal and state compliance testing requirements for underground storage tanks (UST’s), third party inspections and testing which may require some repairs.

The Contractor shall furnish all materials, tools, equipment, transportation and supervision and perform all labor and services necessary and incidental to the satisfactory completion of the Work in a proper workmanlike manner and within the time limits set forth in the Contract Documents.

Period of Performance – 5 Years after the issuance of the Notice to Proceed (NTP).

Mr. Lundy reviewed Post Award activities – administrating, ensuring compliance with contract terms and conditions, effective communication and control, managing contract changes, adhering to production, quality assurance, packaging and delivery requirements, resolving claims and disputes, invoicing, etc. – pointing out the following specific requirements:

Technical Specifications:

• K. Waste Management (page 111)

Hydrostatic Tests for turbine sumps requires lots of water / contractor must retain portable water tanks.

• Access/Badging (page 110) Pre-Employment Criminal Background Check Requirements will be performed prior to issuance of Contractor badges to access site(s)

• Post-Award Submittals (page 112)

• Where Third Party Inspections (TPIs) are being performed - Better unit prices per tank expected at facilities having multiple tanks.

It was noted that a Pre-Construction kick-off meeting will be conducted after award where the contract requirements, terms and conditions will be discussed in more detail.

Your participation in this project is appreciated. Any project-related questions concerning the project bid and documents shall be direct to Margarita Rodriguez at (202) 962-2456 or mdRodriguez@wmata.com .

Margarita Rodriguez, Contract Admin. - Construction Office of Procurement & Materials, Operation Services Washington Metropolitan Area Transit Authority cc: All Attendees All plan holders

File Copy

Margarita Rodriguez Contract Administrator Procurement & Materials - Construction

Digitally signed by Margarita Rodriguez DN: cn=Margarita Rodriguez, o=WMATA, ou=Office of Procurement & Materials, email=mdRodriguez@WMATA.com, c=US Reason: I attest to the accuracy and integrity of this document Location:

WMATA -JGB - 4th Floor (#403A) Date: 2018.12.05 19:51:15 -05'00'

PRE-BID AGENDA

Solicitation No.: CQ18114 Compliance Inspections & Testing Services for UST’s – IDIQ

DATE: Tues., November 27, 2018 TIME: 10 AM Location: 8100 Professional Place

AGENDA

1. Safety/Customer Service Remarks

2. Opening Remarks

3. Introduction

4. Contract Requirements

• Overview / Bid Forms & Requirements

• Contract Award

• Insurance

5. Overview/Description of Project

• General Project Description and Purpose

• Project Specifications

6. Receipt of Written Questions

Remarks and explanations given in response to questions at this meeting shall not qualify the terms of the solicitation, unless we issue a written amendment.

WMATA will issue an amendment to clarify and correct issues as deemed necessary. We will post answers to all questions on www.wmata.com and www.fedbizopps.gov.

All communications must be directed to the Contract Administrator Margarita Rodriguez – WMATA (202) 962-2456

Questions will be accepted through “Procore” or email mdRodriguez@WMATA.com

7. “PROCORE”

8. Questions

9. Wrap-up / Closing Comments

ATTACHMENT A

Solicitation No.: CQ18114 Compliance Inspections & Testing Services for UST’s – IDIQ

Questions

DATE: ______________

Name of Individual: Title:

Name of Firm/Company:

Address

City, State & Zip

Phone No. ( ) Email :

Question No. 1:

Question No. 2:

Question No. 3:

Question No. 4:

ATTACHMENT AQuestion Form

ATTACHMENT B

Showing Bids For CQ18114 Compliance Inspections & Testing Services for UST's - IDIQ' Due On Wed Dec 12, 2018 at 02:00 pm EST

Company Name Recipient List Company Contact Information Bid Invitation Last Sent Intent To

Bid Submission

Status Bid

Amount Cost Codes

A2Z Environmental Group, LLC A2Z Environmental Group, LLC (410) 679-8877 Tue Nov 20, 2018 at 12:59 pm EST Undecided Unsubmitted (hidden) Unassociated

Ace Environmental Services, LLC Sales Sales (410) 354-8030 Tue Nov 20, 2018 at 12:59 pm EST Undecided Unsubmitted (hidden) Unassociated

APEX Companies, LLC Audrey Kunkler, Dave Ory, Karen Garcia (301) 417-0200 Mon Nov 19, 2018 at 05:27 pm EST Will Bid Unsubmitted (hidden) Unassociated

B.S. Environmental Inc. Carly Boston, Juan Sturgis Boston (410) 549-5409 Tue Nov 27, 2018 at 04:24 pm EST Undecided Unsubmitted (hidden) Unassociated

BATTA Environmental Associates, Inc. Devon Breedy (302) 737-3376 Mon Nov 19, 2018 at 05:27 pm EST Undecided Unsubmitted (hidden) Unassociated

Bc&C, LLC Jeremy Corbin (540) 662-7796 Mon Nov 19, 2018 at 05:27 pm EST Undecided Unsubmitted (hidden) Unassociated

Capital Petroleum Equipment, Inc. Bob Sheir, Tammy Sheir (301) 931-9090 Tue Nov 20, 2018 at 12:59 pm EST Undecided Unsubmitted (hidden) Unassociated

CRC Industries Walter Cunningham Mon Nov 19, 2018 at 05:27 pm EST Undecided Unsubmitted (hidden) Unassociated

H and D Mechanical Contractors Mike Quinlan (443) 949-9842 Mon Nov 19, 2018 at 05:27 pm EST Undecided Unsubmitted (hidden) Unassociated

Jones and Frank Corporation Jones F (757) 853-3500 Tue Nov 27, 2018 at 04:24 pm EST Undecided Unsubmitted (hidden) Unassociated

Mumford-Bjorkman Associates, Inc. Andrew D. Mumford (302) 322-2000 Tue Nov 20, 2018 at 12:59 pm EST Undecided Unsubmitted (hidden) Unassociated

Octagon Services, Inc. Caleb Middlestetter (301) 317-6000 Tue Nov 27, 2018 at 04:24 pm EST Undecided Unsubmitted (hidden) Unassociated

Petroleum Management, Inc. Stephen Waldron (410) 354-0200 Tue Nov 27, 2018 at 04:24 pm EST Undecided Unsubmitted (hidden) Unassociated

Petroleum Services, Inc. Jeffrey S. Underland (410) 732-3444 Mon Nov 19, 2018 at 05:27 pm EST Undecided Unsubmitted (hidden) Unassociated

PHJB Corp Merry Hancock (318) 453-3238 Mon Nov 26, 2018 at 03:14 pm EST Undecided Unsubmitted (hidden) Unassociated

S-10 Environmental Inc Mon Nov 19, 2018 at 05:27 pm EST Undecided Unsubmitted (hidden) Unassociated

TanksDirect Jeff Shultz, Joel Nicchitta, Paul Robertson (301) 317-6000 Tue Nov 20, 2018 at 12:59 pm EST Undecided Unsubmitted (hidden) Unassociated

The Blue Book Building and Construction Network

Alex Gugliada, Donna Famulari, Jim Phillips, Mary O'Connor, Rachel Siegmund 800-431-2584 (Ext) 3702 Tue Nov 20, 2018 at 01:04 pm

EST Undecided Unsubmitted (hidden) 00 - Not Applicable

Total Environmental Concepts Office: 410-787-0112 Tue Nov 27, 2018 at 04:24 pm EST Undecided Unsubmitted (hidden) Unassociated

Total Environmental Concepts, Inc. A.J. Anonick, Mary Ann Faudale, Michael Cifizzari, Ted Bedell (301) 548-0382 Tue Nov 27, 2018 at 04:26 pm EST Undecided Unsubmitted (hidden) Unassociated

WMATA

Printed on Tue Nov 27, 2018 at 04:26 pm EST

MDR - Supply & Services Solicitations

ATTACHMENT C

Bidder's List

Washington Metropolitan Area Transit Authority

IFB No.: CQ18114 Compliance Inspections & Testing Services for UST’s – IDIQ

SCHEDULE OF ACTIVITIES

ADVERTISE Monday November 19, 2018

SOLICITATION

Pre-Bid Conference

Tuesday Nov. 27, 2018

10:00 AM

(Eastern Time)

8100 Professional Place Suite #100

Hyattsville, MD 20785

Site Visit [NOT APPLICABLE]

Questions/RFI’s Friday

Nov. 30, 2018 No Later than close of business

Request for information (RFI’s) Questions forum will open until the Last day as indicated 11/30/18.

BIDS DUE

Electronic

Submission

“ONLY”

Wed.

Dec. 12, 2018

2PM Eastern Time

Solicitation, Offer & Award Form Price Schedule Amendment(s) (if applicable) Certification & Representation Pre-Award Schedule

BID OPENING Immediately after.

PRE-AWARD

Notify Bidder

Monday Dec. 17, 2018

Pre-Award Evaluation

Review for Award 12/21/2018

Notify the apparent low responsive bidder Refer to IFB documents page 17, Pre-Award Information/ Bidder Responsibility

AWARD Notification to All Bidders

Award Dec. 21, 2018 Unsuccessful bidders

Questions concerning this Request for the IFB shall be directed to:

Margarita Rodriguez, CA Telephone: (202) 962-2456 / Email: mdRodriguez@wmata.com

BIDS SHALL BE TIMELY RECEIVED ELECTRONCIALLY THROUGH “PROCORE”.

2:00 PM (LOCAL EASTERN TIME) dates are indicated above.

BIDS WILL BE PUBLICALLY OPENED.

Attendance of the public bid opening “MUST” be present at least half-hour early before bids are due – to get through security; building location:

WMATA – JGB

600 Fifth Street, NW

Washington, DC 20001

WMATA reserves the right (if deems such cancellation to be in its best interests) to cancel the Award of the contract before the complete execution of all required bid forms.

If cancellation of award; in no event shall WMATA be liable for any expenses, costs, attorney’s fees, lost profits or damages of any kind resulting therefrom. The Bidder assumes the sole risk and responsibility for any expenses or costs incurred.

FAILURE TO SUBMIT ANY PORTION OF THESE REQUIREMENTS AS SPECIFIED IN THE BID

DOCUMENTS MAY CAUSE YOUR BID TO BE CONSIDERED NONRESPONSIVE AND

SUBSEQUENTLY REJECTED.

ATTACHMENT D

AMENDMENT #1

CQ18114/MDR Q&A

QUESTIONS & ANSWERS

The following Questions and Answers Summary shall not be construed to modify or change the Bid Documents. The Bidder shall submit its Bid based upon the Bid Documents.

The Bid Documents may only be changed through the use of explicitly identified changes to the Bid Document, and any necessary change to the Bid Documents will be explicitly identified as such in an Addendum that would be issued by WMATA.

LAST DAY TO SUBMIT QUESTIONS: 11/30/2018 - QUESTION FORUM IS NOW “CLOSED”.

1) Q: Need to confirm if all UST certification are required at bid time?

A: “YES”.

UST certifications must be in place to immediately commence services, in order for

WMATA to be compliant with “EPA” rules and regulations.

2) Q: Background checks certification reporting is required quarterly.

Please clarify what is required for the actual conduct of background clearance.

Is standard background clearance conducted at time of hire sufficient?

A: Criminal Background Checks are required – please refer to solicitation document Chapter XII-WMTA Policies; Criminal Background Check Requirement (page 99).

Also attached from the WMATA.Com (web-site) is a copy of the Criminal-

Background-Screening-FAQs

3) Q: RWP Training has an estimated quantity of 5 each year.

In order to respond to calls promptly and handle the various levels of services required in the timeframes listed additional personnel getting trained would beneficial can we increase the number of personnel?

A: No, as stated in the IFB five RWP trained UST technicians is adequate to serve the needs of WMATA.

IFB #CQ18114

COMPLIANCE INSPECTIONS & TESTING SERVICES FOR UST’s – IDIQ

INDEFINITE DELIVERY / INDEFINITE QUANTITY

CQ18114/MDR Q&A

4) Q: If additional RWP training for badges is not permitted can the 5 people trained for RWP be listed to escort for non-badged or non-RWP personnel?

A: No, the five people trained (contractor staff) for Roadway Worker Protection (RWP) cannot escort non-badged or non-RWP contractor personnel. Please note that only WMATA RWP trained personnel are allowed to escort visitors on WMATA rail properties.

5) Q: Is badging related to RWP?

A: Please refer to solicitation documents (page 110) I. Access.

Any personnel working on WMATA’s premises must obtain a WMATA Contractor’s Badge.

RWP is mandated by federal regulations, a safety requirement designed to protect all roadway workers, conducting work on or near rail transit system (RTS) rights-of-way.

6) Q: In regards to “no Mark up” for parts, is G&A cost considered part of the actual cost?

A: No General and Administrative (G & A) costs are allowed for parts purchased.

7) Q: It is made clear that the allowance for materials is to cover only the “actual” cost of the materials.

Are General and Administrative overhead costs considered part of “actual” cost?

A: No, G & A overhead costs will NOT be considered a part of the actual cost.

Criminal Background Screening FAQs

1. Are WMATA contractors now responsible for conducting and providing WMATA, evidence that a criminal background screening was performed?

Yes. The contractor shall contract with, or otherwise engage, a reputable third-party vendor to conduct the required criminal background screenings and provide evidence of compliance through regular certification to WMATA.

2. How should I select a reputable third-party vendor to conduct the required criminal background screenings?

You should choose a criminal background screening company that is capable of meeting the standards established by your policies.

3. Will WMATA contractors be provided an equitable adjustment for conducting their own criminal background screenings?

Yes, if appropriate. To seek an equitable adjustment the contractor must submit a claim for the equitable adjustment and the Contracting Officer will review and/or negotiate the claim and, if approved, modify the contract as necessary.

4. If WMATA no longer conducts criminal background screenings for its contractors, what substantiation is required to be provided when the contractor employee is onboarded?

WMATA’s contracts have been updated to include a certification, made by the vendor at the time of proposal submission that the vendor will comply with the Criminal Background Screening requirements. After contract award, a Criminal Background Screening certification shall be provided by the vendor along with a list of personnel who require a WMATA OneBadge. Thereafter, the quarterly certification represents the vendor’s substantiation that all employees of the contractor who will be working on WMATA’s premises, or otherwise have access to WMATA customers, property, or confidential information have successfully passed a background screen.

5. Are WMATA contractors required to provide the completed and signed Criminal Background Screening Certification quarterly?

Yes. At the end of each calendar quarter, the contractor shall complete the certification form and submit it to the contracting officer’s technical representative (COTR).

6. Must the contractors provide the results of the criminal background screening in order to receive the OneBadge?

No, however a current certification of compliance must be on file with the COTR.

7. Does the Criminal Background Screening Certification (Quarterly) need to be submitted for each contractor working on WMATA’s premises, or should one form per quarter be submitted for the contracting firm?

One Criminal Background Screening Certification form should be submitted by the contractor each calendar quarter. At the end of each calendar quarter, the contractor shall submit the completed certification to the contracting officer’s technical representative (COTR).

Page 1 of 8 Criminal Background Screening - FAQ's

8. Are WMATA contractors expected to conduct a criminal background screening on its employees and subcontractors every quarter or just certify the criminal background screening was conducted and passed via the Criminal Background Screening Certification (Quarterly) form?

Contractors are not required to run a new criminal background check each quarter on their employees. Rather, contractors are required to submit a certification form every quarter. This certification may be based on a criminal background check that is not more than one year old.

Regarding subcontractors: The prime contractor must pass this background check and quarterly certification requirement down to each of its subcontractors. Subcontractors shall complete the background checks and the certification forms in the same manner as described above, except that the certification is made to the Contractor, not the COTR.

9. Is the criminal background screening process retroactive or is this a new process?

Although WMATA has always conducted criminal background screenings on its employees and contractors, passing the criminal background screening to contractors and the accompanying certification process is new and became effective October 2, 2017.

10. Does an existing contractor’s badge need to be renewed?

No, not until it expires, however, no new badges or renewals will be issued after October 2, 2017, unless a vendor certification of compliance with criminal background screening requirement is on file with WMATA.

11. What should I do if I do not know how to construct criminal background check screening policies and procedures?

Contractors may use WMATA’s Criminal Background Checks, Policy/Instruction 7.2.3/1 as a guide.

12. If a subcontractor works on multiple contracts, for more than one Prime, which Prime is responsible for certifying the subcontractor?

All prime contractors are responsible for certifying all subcontractors on each project.

13. Where staff currently working on WMATA property had previously had a criminal background check performed by WMATA, but their badge needs to be renewed, does the contractor employee need a new background check to be performed by the contractor?

Yes. See question 10.

14. Does the prime have to sign off for subcontractors or does each subcontractor validate their own staff with no involvement from the prime?

It is the responsibility of the Prime to ensure their subcontractors are in compliance with the criminal background policy. See questions 8 and 10.

15. What if I lose my OneBadge?

WMATA’s lost badge policy and process has not changed as of this writing, but is subject to change at WMATA’s discretion. Currently, you can replace your lost badge at the ID Office for $5 after the first loss and $25 for any subsequent loss.

Page 2 of 8 Criminal Background Screening - FAQ's

16. Who do I contact if my badge does not work?

If you have a problem with your badge, please notify a OneBadge team member as soon as you can at the ID Office.

17. The “WMATA’s Criminal Background Checks Policy accompanies this notification” attachment does not apply to “7.02 Contractors and/or consultants performing work on behalf of Metro.” What does apply? Is WMATA requiring that contractor personnel adopt the same policy? How does this align to laws in the District of Columbia, State of Maryland or Commonwealth of VA? EEO and non-discrimination, etc.?

Nothing in the referenced P/I is applicable to contractors. Contractors are not required to adopt the same policy. The policy is provided for informational purposes only. WMATA’s policy is in compliance with all of the laws governing criminal background checks that apply to WMATA.

Vendors should have received administrative modifications to their contracts to address the vendors’ responsibility to conduct background checks on certain employees. To the extent that WMATA adopts a policy in the future that directly imposes this background check obligation on vendors, a copy will be made available upon request.

18. Who notifies the ID office that the contractor personnel passed a background check? What about renewing badges? New personnel? After PO awarded?

In all instances it is the COTR responsibility to provide internal coordination regarding whether proper certification is on file with WMATA. Please see questions 4, 7, and 8.

19. What are the specific WMATA requirements for consideration of “nature of the services…”, “nature or gravity of the offense or conduct”, and “time that has lapsed since the offense…” This is very general and unclear. Please provide details for requirements.

WMATA will not provide specific details as each contractor must write their own policy. WMATA does not recommend or endorse any guidance regarding criminal background check policies. That said, the EEOC has published guidance for drafting criminal background check policies.

See: https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

See also question 17.

20. “At the time the contract is awarded, the contractor shall provide the contracting officer with a copy of the contractor’s criminal background check screening policies and procedures to demonstrate that they account for these considerations.” What specifically is required in the policy and procedure within the scope of the contract with WMATA?” Are you looking for a contractor policy? What if the contractor policy refers to the client policy requirements? What specifically is required in the policy and procedure within the scope of the contract with WMATA?

CLARIFICATION – WMATA is removing this requirement to submit a copy of the contractor’s document from the contract.

WMATA has provided its policy as an example. The contractor may not simply refer to the client policy, but may choose to incorporate provisions of the WMATA policy into the contractor’s policy.

Please see questions 17 and 19.

21. “Reputable third-party vendor to conduct the required criminal background screenings, and provide the vendor with a copy of its criminal background check screening policies and procedures”. Define “reputable”. Does WMATA have an approved or non-approved list?

Page 3 of 8 Criminal Background Screening - FAQ's https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

What policy is WMATA requiring the contractor to provide to the 3rd party vendor – the WMATA screening policy?

WMATA expects the contractor to provide the 3rd party vendor with a copy of the contractor’s adopted background check policy. Please see question 25(a).

22. “That person passes the contractor’s criminal background screening.” Provide definition for “pass”.

What constitutes a “pass” will be determined by the contractor’s background check policy.

23. “At the end of each calendar quarter, the contractor shall certify to the contracting officer’s technical representative (COTR) or designee the contractor’s compliance with the criminal background screening requirement and confirm that all persons required to be screened passed the contractor’s criminal background screening before working on the WMATA contract.” What if personnel are already working and have an approved WMATA ID that is set to expire in the future? Who is the Contracting officer and designee? How is this information maintained? Who notifies the ID office?

Contractors with a current badge need not complete a criminal background check. Contractors with badges that are set to expire in the future will need to complete a background check before a new OneBadge can be issued.

The COTR will receive the certification from the contractor, retain a copy for the file and forward a copy to the Contracting Officer for upload to the official procurement record. COTR will notify the ID office through the (Managed Services process) after proper certification is received.

24. “The contractor shall indemnify WMATA and hold WMATA harmless from any and all claims, demands, damages, costs and expenses, including attorneys’ fees and other costs and expenses associated with any claims, demands, etc., and other liabilities and relief arising out of or resulting from the contractor’s criminal background screening obligation and process.” What are the requirements for each different labor category? Provide specific examples and clarifications of requirements of screening obligation and process (see other questions above.)

WMATA does not require its contractors to use specific screening criteria, but expects contractors to develop their own criteria. As a reference, WMATA has provided a copy of its own policy and screening criteria for its employees. In addition, a link to the EEOC’ guidance regarding criminal background checks can be found at this link:

https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

25. Quarterly Screening Certification

a. Define “reputable third-party vendor” and provide approved or non-approved list.

WMATA will not provide a list of approved or non-approved vendors, contractors must determine their own standards for reputable and certify to WMATA that that standard is met.

b. What if the contractor personnel have a current WMATA badge based on WMATA’s First Choice background check? Are they to appear on the Quarterly report until expired or after expiration?

Please see questions 4, 7, 8, and 18.

c. It will screen for criminal convictions, taking into consideration (1) the nature of the services or work being performed under the contract with particular regard for the

Page 4 of 8 Criminal Background Screening - FAQ's individual’s access to, and interaction with, WMATA’s customers, property, and confidential information; (2) the nature or gravity of the offense or conduct resulting in a criminal conviction; and (3) the time that has lapsed since the conviction and/or completion of the sentence, all contractor personnel who will have access to WMATA’s customers, the general public, WMATA’s property, or WMATA’s information and who work on this Contract during each calendar year within this Contract’s period of performance. The Offeror will provide certification that it conducted these screenings to the contracting officer’s technical representative (COTR) on a quarterly basis, on a form provided.

What about those that expire?

Please see questions 4, 7, 8, and 18

Is this retroactive or beginning October 2017? The memorandum is dated September 15, 2017; however, not mailed until September 28, 2017 and there are many open questions.

Please see questions 4, 7, 8, and 18.

d. “It will screen for criminal convictions, taking into consideration (1) the nature of the services or work being performed under the contract with particular regard for the individual’s access to, and interaction with, WMATA’s customers, property, and confidential information; (2) the nature or gravity of the offense or conduct resulting in a criminal conviction; and (3) the time that has lapsed since the conviction and/or completion of the sentence, all contractor personnel who will have access to WMATA’s customers, the general public, WMATA’s property, or WMATA’s information and who work on this Contract during each calendar year within this Contract’s period of performance. The Offeror will provide certification that it conducted these screenings to the contracting officer’s technical representative (COTR) on a quarterly basis, on a form provided.” What are the specific requirements for each labor category/nature of services or work being performed?

How does each vendor interpret this uniformly?

Please see the forms of certification as a clarification to what information is being certified to by the vendor. Please see questions 17, 19, and 20 with regard to vendor implementation.

What are WMATA requirements?

WMATA’s requirements are defined in its policy. Under the new requirement, contractors must establish their own background check policy and standards.

e. “…good standing and otherwise fit to work…” Please define and provide clarification.

Please see questions 17, 19, and 20 with regard to vendor implementation/responsibility for establishing their own program.

f. What are the specific requirements for reliance on results; i.e., there are 0 convictions or charges?

Please see questions 17, 19, and 20 with regard to vendor implementation/responsibility for establishing their own program.

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g. “The Offeror has not obtained or otherwise been made aware of any information about any contractor personnel working on this Contract that contradicts or otherwise impacts the contractor’s determination that such persons passed the contractor’s criminal background screening and/or are fit to work on this contract.”

What is the intent of this sentence and what does it mean?

If the contractor is relying on a background check completed within the last year, the contractor is affirming that it has not been made aware of any charges or offenses that would contradict the last background check. Example: background check was clear when last checked but employee of contractor notifies contractor of a recent arrest with pending charges or a conviction that had not occurred at the time of the last background check. In the example, the contractor would be aware of information that impacts the contractor’s determination that this employee would still pass the screening and/or is fit to work on the WMATA contract.

26. Some of our resources received a notice that their badge expires in 30 days and were provided the PDF attachments labeled “Contractor ID Form” and “Consumer_Authorization”. Do they complete these forms also? Do they return to the ID office or Contracting Officer? Who is the point of contact?

The “Contractor ID Form” and “Consumer Authorization Form” are now obsolete. The Criminal Background Screening Certification should be forwarded by the contractor to the contracting officer’s technical representative. Additionally, a OneBadge Request Form must be completed by a WMATA employee for each contractor employee doing work on WMATA premises. If you require your badge to be renewed before it expires, you must contact your WMATA Manager and your employer. When your badge expires, ALL access to ALL Metro properties and your access to the WMATA network (your computer access) will EXPIRE.

27. What type of background check should we run? Any specific requirements? It says Criminal History (Should it include anything else except County Criminal and Statewide Criminal?

What States/Counties)?

Please see questions 17, 19, and 20 with regard to vendor implementation/responsibility for establishing their own program.

28. When the check is done, who specifically should we notify? Should we attach the background check results? Should we send a screening certificate on this occasion or wait till the end of the quarter?

One (1) Criminal Background Screening Certification form should be submitted by the contracting firm for each contract under which they perform WMATA work, each calendar quarter. At the end of each calendar quarter, the contractor shall complete a certification and submit it to the contracting officer’s technical representative (COTR) indicating the contractor’s compliance with the criminal background screening requirement and confirm that all persons required to be screened passed the contractor’s criminal background screening before working on the WMATA contract. A copy of the background check is not required unless it is a MetroAccess contractor.

29. WMATA ran checks for the current incumbents already (less than one year ago), should we wait until their possible PO renewal or badge expiration to run checks on our side, or WMATA expects us to run checks to all EastBanc Tech personal right now regardless?

Please see questions 4, 7, 8, and 18.

30. What search criteria should contractors use for background checks?

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Please see questions 17, 19, and 20 with regard to vendor implementation/responsibility for establishing their own program.

31. What is the rationale for quarterly attestation from our contractors versus annually or when a contract is awarded or renewed? Many contractors only run background checks when they hire staff, it is not normal and customary to run annual background checks on all employees.

Certifications are required quarterly to ensure that any new information, known by the contractor, but discovered after the background check date, is incorporated in the contractor’s certification.

Please see question 25(g) for an example.

32. A key question is does the Federal government require quarterly background check submissions and total annual background checks for all of its contracts to include all employees of the contractor to also include subcontractors?

WMATA will not speak to the requirements of the Federal government.

33. Why can’t we just require a copy of their background check policy and impose indemnification by them to us if they don’t follow the policy within our requirements?

Please see questions 17, 19, and 20 with regard to vendor implementation/responsibility for establishing their own program. Yes, it is anticipated that the general indemnification provided in the base contract would provide WMATA protection from any contractor failure to meet this requirement.

34. In the 9/29/17 cover memo, last paragraph, it states that either the contract manager or the COTR will have the responsibility to collect/monitor these attestation forms. We need more clarity on whose actual responsibility this is. It can’t be left open and being that this is an administrative restriction being imposed by PRMT it would be unfair to place this administrative burden on COTR’s.

A detailed WMATA Policy Instruction is being drafted. At this time, it is anticipated that the COTR will receive the certification from the contractor, retain a copy for the file and forward a copy to the Contracting Officer for upload to the official procurement record. COTR will notify the ID office through the (Managed Services process) after proper certification is received.

35. We already have badge applications backing up due to the attestation requirement. Policy was approved 07/10/17, memo was sent 09/29/17, are we expected to implement policy on day one with no grace period notice to contactors to prepare for this imposed change?

Most contractors with active contracts were notified of this policy change during August and September of this year. This new process is required and effective immediately.

36. Why couldn’t the attestation be included in the RFP?

Modified contract language is being drafted to address this issue. At this time it is anticipated that all future solicitations will include this requirement.

37. We need to perform criminal background check for last 10 years on the selected consultant.

This is a statement not a question. To the extent that this is a question, “does a contractor need to review 10 years of data in the context of its criminal background screening”?

Please see questions 17, 19, and 20 with regard to vendor implementation/responsibility for

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38. We understand that in the last 10 years, if the consultant receives 2 or more points, then the consultant is not eligible for the work at WMATA.

39. 1 point for every misdemeanor and 2 points for every felony?

40. If the consultant secures less than 2 points, he/she will be considered to be eligible to work at WMATA for the contract position.

41. What type of background check should we run? Any specific requirements? Should it include anything else except County Criminal and Statewide Criminal? What States/Counties?

42. When is an ID required for delivery people (UPS, Fedex, Staples, Deer Park) and is an escort required?

Staff is drafting a P/I to address this question.

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WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

SUPPLY AND SERVICE CONTRACT IFB: CQ18114

Rev. 12/17

(c) Among other items, the apparent low bidder shall furnish the following when the Contracting Officer requests:

(1) A completed and signed “Pre-Award Evaluation Data” form (copy attached), including all referenced financial statements and information;

(2) Evidence of good standing in the System for Award Management (SAM) at www.sam.gov.

(3) Small Business Local Preference Program (SBLPP) data as set forth in Appendix C (if applicable). [NOT APPLICABLE]

Responsible Bidder - Requirements

The Authority will evaluate the “Pre-Award Survey” in accordance to the required requirements as set below. Submittals that fails to meet the minimum standard for acceptability with respect to each element may be deemed not responsible, unacceptable and thus ineligible for award, regardless of price.

1. Contractors Experience and Qualifications:

• Demonstrate a minimum of five years’ experience with UST systems, completing (both) regulatory inspections and regulatory testing of UST systems and components.

• List of projects similar scope and size.

• Employ certified UST Technicians with minimum of 3 years’ experience.

(Please submit resumes)

• Organizational chart – with Key Staff (for Informational purposes only).

2. Contractors Licenses and Certifications:

For work in any jurisdiction, the contractor shall have and maintain MDE UST certifications.

Provide certifications for other jurisdictions (DOEE and VDEQ), as appropriate.

• Maryland: MDE – UST Certified

Maryland Department of the Environment (MDE) Underground Storage Tank (UST)

• District of Columbia: UST Certified Department of Energy & Environment (DOEE)

Must meet the provisions of Chapter 65 Title 20 DCMR

• Virginia: UST Certified Virginia Department of Environmental Quality (VDEQ)

Minimum qualifications as required by Section 125 of UST Technical Regulation (§9VAC25-580 et seq.) or have been approved by another state.

NOTE: Copies of all certificates and licenses required by the federal, state, and local governments to engage in the inspection and testing of UST systems must be attached.

3. Contractor shall maintain adequate staffing (one superintendent and four UST Certified Technicians) to simultaneously maintain services throughout WMATA’s facilities, in accordance with the specifications set forth herein the contract.