RFP_CQ19284RLJ_7000-Series_Cab_Simulators.pdf

Rev. 04/19

Request For Proposals (Non-Federal)

7000-Series Cab Simulators

RFP No. :CQ19284/RLJ

Issue Date: August 21, 2019

Proposal Due Date: October 2, 2019 @ 2:00 PM EST

NAICS CODE: 333318 – Teaching Machines

Date:

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Table of Contents

DIRECTIONS FOR SUBMITTING OFFERS

NOTICE TO OFFERORS

NOTICE TO ALL VENDORS

SOLICITATION, OFFER AND AWARD

PRICE SCHEDULE SHEET

RFP SOLICITATION INSTRUCTIONS

1. INTRODUCTION

2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

3. COMMUNICATIONS WITH THE AUTHORITY

4. PREPARATION OF OFFERS

5. EXPLANATIONS TO OFFERORS

6. PRE-PROPOSAL CONFERENCE AND SITE VISIT

7. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

8. ACKNOWLEDGMENT OF AMENDMENTS

9. SUBMISSION OF PROPOSALS

10. PROPOSAL FORMAT INSTRUCTIONS/REQUIREMENTS

11. LATE SUBMISSIONS AND REVISIONS OF PROPOSALS

12. WITHDRAWAL OF PROPOSALS

13. RECEIPT AND REVIEW OF PROPOSALS BY THE AUTHORITY

14. EVALUATION CRITERIA AND BASIS FOR AWARD

15. RATINGS FOR PROPOSAL EVALUATION CRITERIA – (BEST VALUE ONLY)

16. RATINGS FOR ACCEPTABILITY CRITERIA (LOW PRICE, TECHNICALLY

ACCEPTABLE, ONLY): NA

17. PRICE PROPOSAL EVALUATION

18. TECHNICAL PROPOSAL EVALUATION

19. PRE-AWARD INFORMATION/CONTRACTOR RESPONSIBILITY

20. PRE-AWARD MEETING

21. SITE VISIT/INSPECTION OFFEROR’S FACILITIES - NA

22. CONTRACT AWARD

23. PERFORMANCE/PAYMENT BONDS - NA

24. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO PROPOSE

25. WMATA’S TAX EXEMPT STATUS

26. RESTRICTION ON DISCLOSURE AND USE OF DATA

27. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

28. BRAND NAME OR EQUAL - NA

29. REQUESTS FOR RECORDS

30. NOTICE OF PROTEST POLICY

REPRESENTATIONS & CERTIFICATIONS

1. TYPE OF BUSINESS ORGANIZATION

2. AFFILIATION AND IDENTIFYING DATA

3. SMALL BUSINESS & LOCAL PREFERENCE PROGRAM (SBLPP)- N/A

4. COVENANT AGAINST GRATUITIES

5. CONTINGENT FEES

6. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION

7. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

8. NONDISCRIMINATION ASSURANCE

9. DISCLOSURES OF INTERESTS OF WMATA BOARD MEMBERS

10. CRIMINAL BACKGROUND SCREENING CERTIFICATION (QUARTERLY)

111. CERTIFICATION REQUIRED FOR ALL SAFETY-SENSITIVE CONTRACTS-N/A

PRE-AWARD EVALUATION DATA

TERMS AND CONDITIONS

CHAPTER I – TERMS AND CONDITIONS

1. AGREEMENT

2. ARRANGEMENT OF CONTRACTUAL PROVISIONS

3. ORDER OF PRECEDENCE

4. REQUIREMENTS CONTRACT - NA

5. INDEFINITE QUANTITY CONTRACT - NA

6. ORDERING - NA

7. ORDER LIMITATIONS - NA

8. AUDIT, AVAILABILITY, AND INSPECTION OF RECORDS

9. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

10. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

CHAPTER II – TIME/DELAYS/LIQUIDATED DAMAGES

1. PERIOD OF PERFORMANCE

1. OPTIONS – EVALUATION

2. OPTIONS – EXERCISE

4. OPTION FOR INCREASED OR DECREASED QUANTITIES OF SUPPLIES

5. OPTIONS TO EXTEND SERVICES

6. OPTION TO EXTEND THE TERM OF THE CONTRACT

7. OPTIONS EXERCISED OUT OF SEQUENCE

8. LIQUIDATED DAMAGES FOR DELAY - NA

9. EXTENSIONS OF TIME/FORCE MAJEURE

10. THE AUTHORITY’S DELAY

11. NOTICE TO THE AUTHORITY OF LABOR DISPUTES

12. NOTIFICATION OF BANKRUPTCY OR INSOLVENCY

CHAPTER III – ACCEPTANCE/INSPECTIONS/DEFICIENCIES

1. INSPECTION OF SERVICES

2. INSPECTION OF SUPPLIES

3. ACCEPTANCE OF SUPPLIES

4. NEW MATERIAL [SUPPLIES]

5. WARRANTY OF SUPPLIES

6. WARRANTY OF SERVICES

6. CORRECTION OF DEFICIENCIES

7. FIRST ARTICLE INSPECTION - NA

8. F.O.B. DESTINATION

9. QUALITY ASSURANCE/QUALITY CONTROL

CHAPTER IV—CHANGES/ PRICING ADJUSTMENTS

1. CHANGE ORDERS

2. PRICING OF ADJUSTMENTS

3. ACCOUNTING AND RECORD KEEPING FOR ADJUSTMENTS

CHAPTER V – INVOICES/PAYMENTS/ DEDUCTIONS

1. BILLING AND PAYMENT

2. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA –

MODIFICATIONS

3. SUBCONTRACTOR PAYMENTS

4. GARNISHMENT OF PAYMENTS

CHAPTER VI – CONTRACT TERMINATION/STOP WORK ORDERS/DISPUTES

1. STOP WORK ORDERS

2. TERMINATION FOR DEFAULT

3. TERMINATION FOR CONVENIENCE

4. ASSIGNMENT

5. DISPUTES

CHAPTER VII – INDEMNIFICATION/INSURANCE/RISK OF LOSS

1. INDEMNIFICATION

2. INSURANCE REQUIREMENTS

3. TITLE AND RISK OF LOSS

4. INAPPLICABILITY OF CLAUSES REQUIRING UNAUTHORIZED OBLIGATIONS

CHAPTER VIII – INTELLECTUAL PROPERTY RIGHTS

1. PATENT INDEMNITY

2. SET-OFF

3. RIGHTS IN TECHNICAL DATA- LIMITED - NA

4. RIGHTS IN TECHNICAL DATA – UNLIMITED

5. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT [SUPPLIES]

6. ROYALTY INFORMATION - NA

CHAPTER IX – ADDITIONAL COVENANTS/LEGAL REQUIREMENTS

1. NONDISCRIMINATION ASSURANCE

2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME

COMPENSATION

3. WALSH-HEALEY PUBLIC CONTRACTS ACT

4. DAVIS-BACON ACT - NA

5. COPELAND ANTI-KICKBACK ACT- N/A

6. CONVICT LABOR

7. COVENANT AGAINST CONTINGENT FEES

8. SEAT BELT USE POLICY

9. SENSITIVE SECURITY INFORMATION

10. LAWS AND REGULATIONS

11. HAZARDOUS MATERIAL IDENTIFICATION AND SAFETY DATA SHEET

12. LIVING WAGE

13. METRIC SYSTEM

14. MANDATORY DISCLOSURE

15. WHISTLEBLOWER PROTECTION – NON-FEDERAL

16. WORKPLACE VIOLENCE/ZERO TOLERANCE

17. DRUG AND ALCOHOL TESTING (FOR SAFETY SENSITIVE FUNCTIONS ONLY)-

N/A

18. EMPLOYMENT RESTRICTION WARRANTY

19. GRATUITIES

20. OFFICIALS NOT TO BENEFIT

21. ORGANIZATIONAL CONFLICTS OF INTEREST

22. CONTRACTOR PERSONNEL

23. FALSE STATEMENTS, CLAIMS OR SUBMISSIONS

CHAPTER X – MISCELLANEOUS ADDITIONAL PROVISIONS

1. PUBLIC COMMUNICATION

2. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

3. SEVERABILITY

4. SURVIVAL

CHAPTER XI – ADDITIONAL PROVISIONS

1. AMERICANS WITH DISABILITIES ACT ACCESSIBILITY –N/A

2. RETAINAGE

3. GOVERNMENT-WIDE DEBARMENT OR SUSPENSION-

4. FALSE STATEMENTS OR CLAIMS CIVIL AND CRIMINAL FRAUD

5. PROGRESS PAYMENTS

6. BONDING FOR CONSTRUCTION PROJECTS EXCEEDING $150,000- N/A

7. BONDING REQUIREMENTS – GENERAL- N/A

CHAPTER XII-WMATA POLICIES

1. SAFETY REQUIREMENTS

2. CRIMINAL BACKGROUND CHECK REQUIREMENT

3. WORKPLACE VIOLENCE/ZERO TOLERANCE

MID-ATLANTIC COOPERATIVE RIDER CLAUSE

PART III TECHNICAL SPECIFICATIONS

SEE ATTACHMENT A SCOPE OF WORK

COMBINED GLOSSARY OF DEFINITIONS

Washington Metropolitan Area Transit Authority

RFP: CQ19284

DIRECTIONS FOR SUBMITTING OFFERS

1. Read and comply with the solicitation instructions.

2. Envelopes containing technical and price proposals must be sealed and separately marked and addressed to:

600 5th Street, N.W.

Washington, DC 20001 Room 3C-02

Attn: Robert Jones/CA

ALL ENVELOPES OR PACKAGES MUST BE SEPARATELY MARKED WITH THE

SOLICITATION NUMBER AS SPECIFIED HEREIN.

PROPOSALS SHALL BE TIMELY MAILED OR HAND DELIVERED TO REACH WMATA

BEFORE 2:00 P.M. (LOCAL TIME) ON October 2, 2019.

NOTICE TO OFFERORS

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

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

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

YOUR OFFER:

▪ SOLICITATION, OFFER & AWARD FORM (Must be signed.) - VOLUME III

▪ PRICE SCHEDULE- VOLUME I

▪ REPRESENTATIONS AND CERTIFICATIONS- VOLUME III

▪ PRE-AWARD DATA- VOLUME III

▪ ACKNOWLEDGMENT OF AMENDMENTS (IF ANY)- VOLUME III

▪ TECHNICAL PROPOSAL- VOLUME II

▪ PROOF OF INSURANCE ELIGIBILITY - VOLUME III

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

YOUR PROPOSAL TO BE CONSIDERED NONRESPONSIVE AND SUBSEQUENTLY

REJECTED.

Questions concerning this Request for Proposals may be directed to Robert Jones at 301-955-5492 or rjones5@wmata.com mailto:rjones5@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.

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;

• Ability to sign up for electronic payment option; and

• Ability to electronically reset user id and password.

Any questions regarding registration may be sent to clm@wmata.com.

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

SUPPLY AND SERVICE CONTRACT RFP-CQ19284/RLJ

SOLICITATION, OFFER AND AWARD

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

RFP CQ19284/RLJ

Office of Procurement 600 Fifth Street NW

Washington, DC 20001 ADVERTISED X NEGOTIATED

SOLICITATION

Sealed offer in original and FOUR (4) copies for furnishing the supplies or services in the schedules will be received at Authority until 2:00 P.M. Local time October 2, 2019 (Hour) (Date) CAUTION – LATE OFFERS: See paragraph 6 of Solicitation Instructions.

All offers are subject to the following:

1. The Solicitation Instructions that are attached.

2. The Terms and Conditions that are attached.

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

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

Proposer’s E-mail Proposer’s Phone Number Proposer’s Fax Number

SCHEDULE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SEE PRICE SCHEDULE

(Continued on the attached pages)

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 CQ19284/RLJ

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

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

Authorized Signature

Company Name

Date

SUPPLY AND SERVICE CONTRACT RFP CQ19284/RLJ

PRICE SCHEDULE SHEET

Description Sub Components Unit of Measure

Quantity Unit Price

Cost Total Price

Desktop Simulator - Work Station Components

Train Control Display ea 20

Aspect Control Display ea 20

Hostler Stand ea 20

Cab Communications System ea 20

ATC Equipment ea 20

Door Operating Equipment ea 20

Master Controller Assembly ea 20

Cab Controls & Displays ea 20

Work Station/Computer ea 20

Desktop Simulator Subtotal

Instructor

Instructor Station – Tablet ea 7

Instructor Station – Work Station/ Computer ea

Instructor Subtotal

Video Recording and Playback

Video Recording and Playback – In Cab Camera

Video Recording and Playback – DVR

Video Recording and Playback – Intercom

Video Recording and Playback - Subtotal

Support Components

Rev. 04/19

Support Components – Server/ Cabling/ Wiring

Support Components – Router ea 1

Support Components – Network Printer

Support Components – Dedicated Internet Connection

Support Components - Subtotal

Observation Room

Observation Room – Screen/ Projector

Observation Room – Hardware/ Interface Equipment

Observation Room - Subtotal

Additional

Training Lt 1

User Guides [CDRLC.01 – C.04] Lt 1

Illustrated Parts Catalogue [CDRL C.05] ea 1

Schematics and Drawings [CDRL C.07] Lt

Warranty-2 year, including parts and Labor. ea

Additional 2-year warranty, including parts and Labor.

Additional Items - Subtotal

Authorized Signature

Company Name

RFP SOLICITATION INSTRUCTIONS

1. INTRODUCTION

(a) The Authority seeks to award a contract for the design, manufacture, and delivery of train simulation systems for the 7000 series Railcar Program to improve the operators’ training process. The proposed simulator design must provide a realistic operating environment in a simulated WMATA 7000 Series Railcar cab. The proposer shall provide the manufacturer’s name, manufacturer’s brochures, and detailed specifications for all equipment. To that end, it is issuing this Request for Proposals (RFP) to solicit proposals from qualified firms and individuals who can satisfy the requirements described herein.

(b) Since this is a Best Value solicitation, award of a Contract hereunder shall be to the offeror whose proposal provides the best overall value to the Authority, based upon application of the evaluation criteria set forth in herein.

(c) The Authority contemplates award of a firm fixed price contract. Unless otherwise specified in the Price Schedule, the Authority reserves the right to make multiple awards pursuant to this solicitation.

(d) REQUIREMENTS CONTRACT N/A

(e) INDEFINITE QUANTITY N/A

2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

In preparing their proposals, offerors are advised that:

(a) If “services” are to be performed pursuant to this solicitation, they must be provided in all respects as specified in the Contract and include the services to be furnished, together with any labor, materials or other work necessary for satisfactory and complete performance.

(b) If “supplies” are to be provided pursuant to this solicitation, they must be delivered in all respects as specified in the Contract and include the items to be furnished, together with any labor, service or other work necessary for satisfactory and complete performance.

3. COMMUNICATIONS WITH THE AUTHORITY

Prospective offerors are advised that any and all communications with WMATA relating to this solicitation and made by, or on behalf of, a prospective offeror at any time between release of this Request for Proposals and award of a Contract hereunder, must be directed to the Contract Administrator as follows: Robert Jones: email rjones5@wmata.com; telephone 301-955-5492.

A violation of this provision, deemed willful by the Authority, may result in a determination that an offeror is not responsible, and thus ineligible for award, for purposes of this and/or future Authority solicitations.

mailto:rjones5@wmata.com

4. PREPARATION OF OFFERS

(a) Offerors shall furnish all information requested by the solicitation and, in so doing, are expected to examine the Request for Proposals and all referenced documents carefully.

Failure to do so will be at Offeror’s risk.

(b) The Offeror shall sign the solicitation and print or type its name on the Price Schedule and on each continuation sheet if an entry has been made. Erasures or other changes must be initialed by the person signing the offer.

(c) Offerors must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the solicitation

(d) In preparing its proposal, an offeror should be aware that all prices for the work shall be deemed to include the cost of all work, labor and materials required by the Contract including, without limitation, delivery charges, insurance, bond premiums or any other expenses required by this Contract, as well as expenses associated with compliance with Federal, state or local laws or regulatory requirements. All prices are deemed to be F.O.B. Destination.

5. EXPLANATIONS TO OFFERORS

(a) Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation or Contract including, without limitation, the terms and conditions, technical specifications or Statement of Work, and Contract drawings, must be requested in writing with sufficient time allowed for a reply to reach all offerors before proposal closing.

Absent extraordinary circumstances, all inquiries must be transmitted in a time frame to ensure the Contracting Officer’s receipt at least ten (10) days prior to the date specified for proposal closing. All such requests must be submitted via e-mail or first-class mail to the Contract Administrator identified in Paragraph 3. Include the RFP number and Contract title in any correspondence.

(b) Any information that the Authority furnishes to a prospective offeror relating to the solicitation will be provided in writing to all prospective offerors in the form of an amendment if, in the Contracting Officer’s judgment, the information is necessary to the preparation and/or submittal of proposals or the lack of such information would be otherwise prejudicial to other prospective offerors. Offerors must acknowledge receipt of all amendments on the form provided.

(c) Offerors are advised that oral explanations, representations or instructions of any kind relating to the subject matter of this solicitation given at any time before award of the Contract by any employee, officer or agent of the Authority, will not be binding upon the Authority. The Authority does not assume responsibility for the accuracy of any such communication.

(d) The failure of a prospective offeror to request an explanation will serve to preclude it from claiming any ambiguity, inconsistency or error that should have been discovered by a reasonably prudent offeror.

6. PRE-PROPOSAL CONFERENCE AND SITE VISIT

For the purpose of clarifying the terms, conditions, and requirements of this Request for Proposals, a pre-proposal conference will be held to respond to questions by prospective offerors. This pre-proposal conference will be held at 1:00 p.m. on Wednesday, September 4, 2019, the Greenbelt Rail Yard, 5801 Sunnyside Ave, Bldg H, Room 312, College Park, MD 20740. It is requested that offerors submit their questions in writing, whether in advance of the meeting or during the meeting. Questions from the floor, however, are permissible.

7. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

(a) The Authority reserves the right to amend any of the terms of this RFP or the Contract, prior to the date set for the proposal closing. Copies of any such amendments as may be issued will be furnished in writing to all prospective proposers.

(b) If, in the Contracting Officer’s judgment, any amendment(s) would require material changes to price proposals and/or other substantive element(s) of the proposals, the date set for proposal closing may be postponed for such period as in the Contracting Officer’s opinion will enable offerors to revise their proposals. In such instances, the amendment will include an announcement of the new date for proposal closing.

(c) In the event of an amendment, all other terms and conditions of the solicitation shall remain unchanged.

8. ACKNOWLEDGMENT OF AMENDMENTS

Offerors are required to acknowledge receipt of all amendment(s) to the solicitation on the designated form to be submitted with their proposal. Failure to do so may, at the Contracting Officer’s discretion, jeopardize the offeror’s right to have its proposal reviewed by the Authority.

9. SUBMISSION OF PROPOSALS

Proposals, and any revisions thereto, shall be enclosed in sealed envelopes and addressed to the office specified in the solicitation. Proposals shall show the hour and date specified in the solicitation for receipt, the solicitation number, and offeror’s name and address on the face of the envelope. Faxed proposals will not be considered.

10. PROPOSAL FORMAT INSTRUCTIONS/REQUIREMENTS

Offerors shall submit one original and 4 hard copies along with one flash drive of their proposal in the following format:

(a) Proposal Format

The original of Volumes 1 and 2 shall be unbound. All copies of Volumes 1 and 2, as well as Volume 3, will be separately bound. All copies shall have the RFP number, the proposer’s identity, volume number, and volume title printed on the cover page. Volumes shall be submitted in the following order:

Rev. 04/19

(1) Volume I – Cost/Price All information relating to cost or pricing data must be included in Volume I. Under no circumstances shall cost or pricing data be included elsewhere in the proposal. Include the following documents:

a. Price Schedule - completed and signed.

(2) Volume II – Technical - (Shall not include cost/price information)

(3) Volume III – Contractual – Completed, signed solicitation documents to include Representations, Certifications, Pre-Award Data and Certificate(s) of Insurance.

(b) Cost/Price. All information relating to cost or pricing data must be included in Volume I.

Under no circumstances shall cost or pricing data be included elsewhere in the proposal.

(c) Technical Proposal. The technical proposal should address the stated Evaluation Criteria in such a manner as to enable the Authority to engage in a thorough evaluation of its overall technical merit. Technical proposals shall be specific, detailed and complete and shall demonstrate that the offeror has a thorough knowledge and understanding of the Contract’s requirements. Offerors shall avoid generalized statements that for example, paraphrase the specifications or attest that "standard procedures will be employed." The Authority wishes to be satisfied that the offeror maintains an understanding of the specific Contract requirements and maintains the means to fully satisfy them.

(d) Contractual. The Contractual volume shall contain a completed, signed Solicitation, Offer and Award form and include Representations, Certifications, Pre-Award Data, Certificate(s) of Insurance, , and acknowledgment of any amendments. In the event that the offeror takes any exception to any of the Contract’s terms and conditions, wishes to propose alternative Contract language or is otherwise unwilling or unable to satisfy any of the Contract’s requirements such information should be clearly noted on the first page(s) of Volume III of the proposal.

(e) In the event that the offeror takes any exception to any of the Contract’s terms and conditions, wishes to propose alternative Contract language or is otherwise unwilling or unable to satisfy any of the Contract’s requirements such information should be clearly noted on the first page(s) of Volume III of the proposal. Failure to take exception shall constitute the offeror’s acceptance.

11. LATE SUBMISSIONS AND REVISIONS OF PROPOSALS

(a) Any proposal or revision received at the office designated in the solicitation after the time specified for receipt will not be considered unless it was sent, properly addressed:

(1) By registered or certified U.S. or Canadian mail not later than the fifth (5th) day before the date specified for proposal closing. (e.g. A proposal or revision relating to a solicitation with a closing date of the 20th of a month must have been placed in registered or certified mail by not later than the 15th of such month.);

(2) By first class mail, if the Contracting Officer determines that the late receipt was due solely to the Authority’s mishandling after delivery on its premises; or

(3) By U.S. Postal Service, Express Mail, Next Day Service, not later than 5:00 p.m. at the place of mailing two (2) business days prior to the date specified for proposal closing; or

Rev. 04/19

(b) A revision submitted after the date and time set for proposal closing will only be accepted if the Contracting Officer authorizes it. A submission in the nature of a Best and Final Offer (“BAFO”) received after the time and date specified in the Contracting Officer’s request for BAFOs will not be considered unless received before award and, in Contracting Officer’s judgment, the late delivery was not attributable to the offeror’s acts or omissions.

(c) The only acceptable evidence to establish the time of receipt by the Authority is the time/date stamp of that event on the proposal or any other documentary evidence of receipt maintained by the Authority.

(d) A proposal received after proposal closing may be considered if it is the only proposal received for the solicitation, or if a late revision of any otherwise successful proposal makes its terms more favorable to the Authority.

12. WITHDRAWAL OF PROPOSALS

Proposals may be withdrawn by written notice received by the Authority before award. Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is appropriately demonstrated and the representative signs a receipt for the proposal before award. A proposal may not be withdrawn after ninety (90) days from proposal closing without the Contracting Officer’s written approval.

13. RECEIPT AND REVIEW OF PROPOSALS BY THE AUTHORITY

(a) There will be no public opening of proposals for this solicitation. Proposals will be opened by the designated Authority representative and copies of the three (3) volumes of the proposal will be distributed for review by Authority designated personnel only, as appropriate. All reasonable efforts will be made to ensure confidentiality of the information contained in the proposals, consistent with applicable provisions of law.

(b) The Authority may award a Contract on the basis of the initial proposals as evaluated in accordance with the Evaluation Criteria without discussions. Accordingly, the initial proposal should contain the offeror’s best terms from both a price and technical standpoint.

(c) Notwithstanding a determination by the Authority to proceed without conducting substantive negotiations or discussions with offerors, the Authority may engage in communications with one (1) or more offerors relating to clarification(s) of their proposals.

(d) The Contracting Officer may, in his or her discretion engage in oral or written discussions with one (1) or more offerors regarding the Authority’s understanding of the proposals and/or to discuss deficiencies in the initial proposals. In determining those offerors with whom he or she chooses to engage in discussions, the Contracting Officer shall first make a determination regarding the initial proposals that he or she deems to be within the competitive range for Contract award. The Contracting Officer shall conduct discussions with all offerors submitting proposals that are within the competitive range.

(f) The Contracting Officer may, following such discussions, direct those offerors whose proposals are within the competitive range to submit Best and Final Offers (“BAFOs”). In such instances, the Contracting Officer shall award the Contract based upon his or her review of the BAFOs in accordance with the Evaluation Criteria. Nothing contained herein shall limit, modify or impair the Contracting Officer’s right to engage in any additional oral or

Rev. 04/19 written discussions or other communications relating to the solicitation that may, be consistent with the Authority’s best interests.

(f) The Authority maintains the right to waive informalities and minor irregularities in proposals at any time during the solicitation process.

14. EVALUATION CRITERIA AND BASIS FOR AWARD

BEST VALUE

Proposals will be evaluated based upon application of the following Evaluation Criteria:

(a) Technological Approach. This criterion shall consider the overall quality of the offeror’s solution and whether it complies with the Scope of Work (SOW). Consideration shall also be given to any features detailed by the Offeror which go above and beyond the requirements of the SOW. Preference will be given to Offeror’s who comply with all technical requirements.

(b) Corporate Experience and History of Past Performance. This criterion shall consider the Offeror’s history and past performance. The Offeror must submit a list of completed contracts and a list of on-going contracts comparable and similar in nature to the present solicitation. The Offer must include a corporate history detailing the length of time the Offeror has been in business and list all projects of similar scope completed within the last five (5) years. Contact information for three (3) references to support this factor is required. The submitted references must include the client name, name of contact person, contact person phone and email, and contract value as required by SOW E.1.3.

(c) Project Management, and Personnel. This criterion shall consider the degree to which the

Offeror submits evidence (through past experience and current technical capacity) of the ability to perform all requirements in the Scope of Work in a timely manner, maintain quality control of work efforts, manage the schedule and competing programs, and ensure a readily available cadre of qualified personnel. At minimum, the Offeror is to submit an organizational chart for key personnel including resumes for the project manager and lead engineer as required by SOW E.2.1. The project manager and lead engineer shall have applicable experience on projects of similar scope.

(d) Delivery Schedule. This shall consider the degree to which the Offeror will meet the schedule requirements outlined in SOW section E.3. The Offeror shall submit a Work Breakdown

Structure (WBS) detailing the proposed schedule for the items listed in SOW E.3.1. The minimum acceptable time from Notice to Proceed to delivery of all project requirements including items listed in SOW E.3.1 is 18 months.

(e) Warranty Support. The criterion shall consider the degree to which the Offeror will provide

Warranty coverage for the 7000-Series cab simulators. The Offeror shall include a two (2) year base warranty with an option for an additional two (2) years of coverage. Warranty shall include all parts and labor.

The Authority will award a contract to the responsible offeror whose proposal conforms to the solicitation and is judged to be the most advantageous to the Authority based on an overall assessment of technical merit and price in accordance with the Evaluation Criteria. In conducting this assessment:

Rev. 04/19

Technical Considerations Most Important.

The Authority is more concerned with obtaining superior technical or business management features than with making an award at the lowest overall cost to the Authority.

However, the Authority will not make an award at a significantly higher overall cost to achieve only slightly superior technical or management features.

15. RATINGS FOR PROPOSAL EVALUATION CRITERIA – (BEST VALUE ONLY)

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

Definition of adjectival rankings:

Exceptional Exceeds specified performance or capability in a beneficial way to WMATA, and has no weakness.

Acceptable Meets evaluation standards required under the technical provisions. Weaknesses are correctable.

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” or higher is required to be eligible for award consideration. Any marginal ratings must be made acceptable prior to Contract award. If they cannot be rated as acceptable at the time of Contract award, then a marginal rating will result in an unacceptable final rating.

Offerors are cautioned to be aware of this standard when preparing proposals.

16. RATINGS FOR ACCEPTABILITY CRITERIA (LOW PRICE, TECHNICALLY ACCEPTABLE,

ONLY): NA

17. PRICE PROPOSAL EVALUATION

(a) The Contracting Officer will evaluate price proposals for reasonableness, completeness, and realism as appropriate. Costs will be evaluated in terms of the following:

(1) Submittal of proposed prices for both the base year (s) and the optional items.

(2) Any offer that is materially unbalanced may be rejected. An unbalanced offer is one (1) that is based on prices that are significantly overstated for some items and understated for other items;

(3) The Contracting Officer will compare the price proposals to the Authority’s estimate and otherwise determine reasonableness by performing a price analysis, if adequate competition exists. If, in the Contracting Officer’s judgment, adequate price competition does not exist, he or she will conduct a cost analysis in order to ascertain whether the proposed price is fair and reasonable;

(b) The offeror shall provide certified cost or pricing data if the Contracting Officer requests it.

18. TECHNICAL PROPOSAL EVALUATION

The Authority will evaluate the technical proposal in accordance with the “Evaluation Criteria” set forth in paragraph 14 and render an assessment as to the overall technical merit of the proposal.

The proposal’s failure to demonstrate that it meets or surpasses an acceptable level with respect to any such element may result in a determination that the proposal is unacceptable and thus ineligible for award.

19. PRE-AWARD INFORMATION/CONTRACTOR RESPONSIBILITY

(a) In order to be eligible for award of a Contract, a proposer must affirmatively demonstrate to the Contracting Officer’s satisfaction that it is responsible for purposes of this Solicitation.

Such demonstration must include a showing that it maintains the requisite integrity, overall technical expertise and experience, (including prior performance on other Authority contracts or contracts with other government agencies), and sufficient financial resources to perform the Contract in a timely, satisfactory and appropriate manner.

(b) The Contracting Officer may conduct a pre-award survey and/or take other actions to obtain information regarding the proposer’s responsibility, if its offer is in the competitive range or is otherwise under consideration for award. The proposer shall promptly supply information that the Contracting Officer requests regarding its responsibility in such manner and form as he or she requests.

(c) Among other items, a proposer 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.

20. PRE-AWARD MEETING

The Authority reserves the right to require that a pre-award meeting be held with the apparent successful offeror prior to Contract award in order to review the offeror’s understanding of the Contract’s requirements and/or further assist the Authority in determining the offeror’s responsibility for purposes of award. The Contractor shall be represented at such meeting by individual(s) fully familiar with the Contractual requirements including, where so requested by the Contracting Officer, representative(s) of one or more major subcontractor(s).

21. SITE VISIT/INSPECTION OFFEROR’S FACILITIES - NA

http://www.sam.gov/

22. CONTRACT AWARD

(a) FOR BEST VALUE AWARDS: At the conclusion of the technical and price evaluation processes, the Contracting Officer will award a Contract to the responsible offeror whose proposal conforms to the solicitation and is the most advantageous to the Authority based upon application of the Evaluation Criteria. Such determination shall be based upon the initial proposals received where the Contracting Officer determines not to conduct discussions or shall be based upon the BAFOs, if the Contracting Officer directs their submission.

(c) A written award mailed or otherwise furnished to the successful offeror at any time prior to withdrawal of the proposal shall result in a binding Contract without further action by either party. Discussions conducted after receipt of an offer do not constitute the Authority’s rejection or counteroffer.

(d) The Authority reserves the right to reject any and all proposals received and decline to enter into a Contract pursuant to this solicitation, if it deems such action is in the Authority’s best interests.

23. PERFORMANCE/PAYMENT BONDS - NA

24. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO PROPOSE

The Washington Metropolitan Area Transit Authority hereby notifies all prospective offerors that it will affirmatively ensure that disadvantaged minority business enterprises will be afforded full opportunity to submit proposals in response to this solicitation and will not be discriminated against on the basis of race, color, creed, sex, religion, national origin, disability, sexual preference or gender identity in consideration for award.

25. WMATA’S TAX EXEMPT STATUS

(a) Pursuant to Section 78 of the WMATA Compact, as adopted by the District of Columbia (D.C. Official Code § 9-1107.01 et seq.), the State of Maryland (Md. Transportation Code §10-204), and the Commonwealth of Virginia (Code of Virginia § 33.2-3100 et seq.) and consented to by the U.S. Congress in Pub. L. 89-774, 80 Stat. 1324 as amended, WMATA has been accorded exemption from taxes as follows:

“The Authority and the Board shall not be required to pay taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision, or upon its activities in the operation and maintenance of any transit facility or upon any revenues therefrom, and the property and income derived therefrom shall be exempted from all Federal, State, District of Columbia, municipal, and local taxation. This exemption shall include without limitation, all motor vehicle license fees, sales taxes and motor fuel taxes.”

(b) WMATA shall not be required to pay late charges, interest, fines or penalties or any other form of pre-judgment.

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(c) By submission of its proposal, the offeror certifies that none of the taxes that the Authority is exempt from are included in its bid or cost proposal.

(d) WMATA shall not be responsible for social security taxes, other employment taxes, income tax, gross receipts taxes or franchise taxes imposed on the contractor.

(e) The contractor shall notify the Contracting Officer within in 30 days of discovery of, or within

30 days of when an event should have been discovered, of matters that may result in either an increase or decrease in the Contract price under this clause and shall take action as the Contracting Officer directs. WMATA shall be entitled to a reduction in the Contract price reflecting such amount and a refund of monies paid related to such taxes, plus applicable interest.

26. RESTRICTION ON DISCLOSURE AND USE OF DATA

The Authority shall provide all reasonable precautions to ensure that proprietary, technical and pricing information remains within the review process. Offerors shall attach to any proprietary data submitted with the proposal 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. If a Contract is awarded on the basis of this 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 the Authority obtains it from another independent, legitimate source.

(c) Except for the foregoing limitation, the Authority or its agents may duplicate, use, and disclose in any manner and for any purpose whatsoever, all data furnished in response to this solicitation."

27. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

With respect to both 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.

28. BRAND NAME OR EQUAL - NA

29. REQUESTS FOR RECORDS

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The Washington Metropolitan Area Transit Authority (WMATA), in the regular course of business, may receive from the public, including prospective vendors and bidders, requests for records on a variety of topics. It is WMATA’s policy to make official agency records, including electronic records, available to the public, unless specifically prohibited by WMATA’s policy or applicable laws.

(a) “Records” means any existing writings, drawings, maps, recordings, tapes, film, microfilm, correspondence, forms, cards, photographs, optical disks, photo copies, and records stored by computer (electronic records) that are made or received by WMATA in connection with a public contract. A record does not include uncirculated personal notes, papers, electronic records and any other records that were created and retained solely as work papers for personal use of the Contracting Officer, Contract Administrator or other WMATA employee.

(b) WMATA’s contracting process allows for the release/posting of certain information concerning this Contract after its award. This includes the name of the successful offeror and the amount of the award. This information is available on WMATA’s website under “Business with Metro” or directly from the Contract Administrator.

(c) Upon WMATA’s request, the successful offeror shall be required to provide a redacted copy of the successful technical and price proposals with confidential and proprietary information redacted.

(d) After the award is announced, the winning proposal may be subject to release under

WMATA’s Public Access to Records Policy (PARP).

(e) When WMATA determines that a successful proposal will be of wide public interest, WMATA will post the redacted proposal on its website. When WMATA receives three (3) or more requests for a successful proposal, WMATA will post the redacted proposal on its website.

(f) Requests for Records that are not made available during the procurement process and that are not generally made available during the de-briefing process will be submitted in accordance with the PARP. Requests must be in writing and sent by mail to the Office of General Counsel, Washington Metropolitan Area Transit Authority, 600 Fifth Street, NW, Washington, D.C. 20001, or by electronic mail at parpprivreq@wmata.com or by facsimile to the attention of the PARP Administrator at (202) 962-2550. If a request for records is sent directly from the requestor to a Contract Administrator, department, or independent office, that entity shall immediately forward the request to the PARP Administrator in the Office of General Counsel. If records are subject to a PARP request, a member of the PARP team will contact the company to begin the PARP document review process, which includes providing detailed written justifications for any information for which exemptions are claimed.

(g) Neither WMATA’s proposal/debriefing process nor the PARP process generally allow for the release of information that would cause competitive harm to the proposers, other organizations, WMATA’s employees, or interests. Information that will be withheld includes the following:

(1) The names of unsuccessful offerors;

(2) The technical and price proposals of unsuccessful offerors;

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(3) Personal information (this does not include education and qualifications which are released) about the successful offeror or its employees that is not available to the public on the website of the successful offeror;

(4) Unit price details of the successful price proposal (this does not include the bottom line price, which is released);

(5) WMATA’s technical evaluation of any proposals submitted to WMATA pursuant to a solicitation;

(6) The names of the vendors who file a protest to the solicitation or its award;

(7) The written adjudication of any protests;

(8) Personal information concerning WMATA’s employees; and

(9) Trade secrets and confidential commercial or financial information obtained from an offeror.

(h) If your company’s records are subject to a PARP request (i.e., if it is the successful offeror), a broad claim of confidentiality for the entire proposal or pages of the proposal is rarely acceptable and will likely be rejected during the PARP process. Therefore, WMATA suggests that you narrowly identify your confidential/proprietary information based on the following guidance:

(i) Information that may be withheld/redacted:

(1) Detailed pricing except bottom line offer amounts;

(2) Trade Secrets;

(3) Unique proprietary solutions not publicly known;

(4) Employee/personnel names below the executive level; however, information regarding qualifications of employees is released; and

(5) Subcontractor/vendor identities, if not publicly known.

(j) Public information subject to release:

(1) Any information on your company’s website;

(2) Publicly known information (even if not on your company’s website);

(3) General company background;

(4) Mere compliance with RFP requirement; and

(5) Anything standard to the industry.

30. NOTICE OF PROTEST POLICY

(a) The Authority’s procedure for the administrative resolution of protests is set forth in Chapter 17 of the Procurement Procedures Manual. The procedures contain strict rules for filing a timely protest, for responding to a notice that a protest has been filed, and other procedural matters.

Rev. 04/19

(b) Alleged violations must be submitted to the Contracting Officer who will administratively decide the protest.

(c) 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 have jurisdiction over court actions concerning protest decisions.

REPRESENTATIONS & CERTIFICATIONS

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 _________________.

Name Signature

Title

Company

2. AFFILIATION AND IDENTIFYING DATA

Each offeror shall complete 2.1, 2.2 if applicable, and 2.3 below, representing that:

2.1 It [ ] is, [ ] is not, owned or controlled by a parent company. For this purpose, a parent company is defined as one that either owns or controls the activities and basic business policies of the offeror. To own another company, means that the parent company must own at least a majority, i.e., more than fifty percent (50%), 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 the offeror’s basic business policy decisions, 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.

2.2 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)

2.3 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. N. of its parent company).

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

3. SMALL BUSINESS & LOCAL PREFERENCE PROGRAM (SBLPP)- N/A

4. 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 Board member, employee or agent of the Authority with the view toward securing favorable treatment in the awarding, or administration of this Contract.

5. CONTINGENT FEES

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:

5.1 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

5.2 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.

6. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION

This certification is applicable to federally assisted contracts over $25,000.

6.1 Primary Covered Transactions. This certification applies to the offer submitted in response to this solicitation and will be a continuing requirement throughout the term of any resultant Contract.

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6.1.1 In accordance with the provisions of 2 C.F.R. Part 1200 and 2 C.F.R. Part 180, Subpart C, the offeror certifies to the best of its knowledge and belief that it and its principals:

6.1.1.1 are not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or state department or agency;

6.1.1.2 have not, within a three (3) year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction;

violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

6.1.1.3 are not currently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(ii) of this certification; and have not, within a three (3) year period preceding this offer, had one (1) or more public transactions (Federal, state, or local) terminated for cause or default.

6.1.2 Where the offeror is unable to certify to any of the statements in this certification, the offeror shall attach an explanation to this offer.

6.2 Lower Tier Covered Transactions. This certification applies to a subcontract at any tier expected to equal or exceed $25,000 and will be a continuing requirement throughout the term of this Contract.

6.2.1 The prospective lower tier subcontractor certifies, by submission of this offer, that neither it nor its…