CRFP DMT2600000003 Specifications - Administration of Transit Programs REVISED.docx

REQUEST FOR PROPOSAL

Transit Program Administration

TABLE OF CONTENTS

1. Table of Contents

2. Section 1: General Information and Instructions

3. Section 2: Instructions to Vendors Submitting Bids

4. Section 3: General Terms and Conditions

5. Section 4: Project Specifications

6. Section 5: Vendor Proposal

7. Section 6: Evaluation and Award

8. Certification and Signature Page

SECTION 1: GENERAL INFORMATION

1.1. Introduction:

The West Virginia Department of Administration, Purchasing Division (hereinafter referred to as the “Purchasing Division”) is issuing this solicitation as a request for proposal (“RFP”), as authorized by W. Va. Code §5A-3-10b, for the West Virginia Division of Multimodal Transportation Facilities (DMTF) (hereinafter referred to as the “Agency”) to provide administration of transit programs for the West Virginia Division of Multimodal Transportation Facilities (DMTF).

The RFP is a procurement method in which vendors submit proposals in response to the request for proposal published by the Purchasing Division. It requires an award to the highest scoring vendor, rather than the lowest cost vendor, based upon a technical evaluation of the vendor’s technical proposal and a cost evaluation. This is referred to as a best value procurement. Through their proposals, vendors offer a solution to the objectives, problem, or need specified in the RFP, and define how they intend to meet (or exceed) the RFP requirements.

1.2 Definitions:

ADA - Americans with Disabilities Act

DBE - Disadvantaged Business Enterprise

DMTF - The West Virginia Division of Multimodal Transportation Facilities

ECHO - Electronic Clearing House Operation

EEO - Equal Employment Opportunity

FTA - Federal Transit Administration

TRAMS - Transit Award Management System

5339 - Bus and Bus Facilities

5310 - Enhanced Mobility of Seniors and Individuals with Disabilities

5311 - Formula Grants for Rural Areas

5311(f) - Intercity Bus

5305 – Planning

5329 – State Safety Oversight

1.3 Objectives:

The primary objectives of this Request for Proposal are to:

· Ensure efficient administration of FTA Sections 5339, 5311, 5311(f), 5310 and 5305 and 5329 programs, including grant application, award management, and closeout.

· Maintain full compliance with FTA regulations, including but not limited to Americans with Disabilities Act (ADA), Disadvantaged Business Enterprise (DBE), Title VI, Equal Employment Opportunity (EEO), drug and alcohol testing, and federal procurement standards.

· Provide technical assistance and oversight to sub-recipients to improve service delivery, financial management, and operational performance.

· Streamline reimbursement processes and reporting to federal systems such as the Transit Award Management System (TRAMS) and Electronic Clearing House Operation (ECHO).

· Facilitate stakeholder engagement through meetings, training, and public outreach to support program goals and community needs.

SECTION 2: INSTRUCTIONS TO VENDORS SUBMITTING BIDS

Instructions begin on next page.

SECTION 3: GENERAL TERMS AND CONDITIONS

Terms and conditions begin on next page.

SECTION 4: PROJECT SPECIFICATIONS

Background and Current Operating Environment:

The West Virginia Division of Multimodal Transportation Facilities (DMTF) is soliciting proposals from qualified consulting firms to provide comprehensive administration and management services for its transit programs. These programs include Federal Transit Administration (FTA) Sections 5339 (Bus and Bus Facilities), 5311 (Formula Grants for Rural Areas), 5311(f) (Intercity Bus), 5305 (Planning), 5329 (State Safety Oversight) and 5310 (Enhanced Mobility of Seniors and Individuals with Disabilities). The selected consultant will act as an extension of DMTF staff, ensuring compliance with all federal, state, and local regulations while efficiently managing grants, sub-recipients, and related activities.

This RFP is modeled after similar contracts issued by the Maryland Transit Administration (MTA), particularly those for rural, small urban, and large urban transportation planning and grant management services. The consultant will support DMTF in evaluating transit services, ensuring regulatory compliance, conducting data analysis, preparing reports, providing training, and attending meetings, with a focus on federal grant programs akin to MTA's Locally Operated Transit Systems (LOTS) framework.

The contract term will be for an initial period of five (5) years, with (5) optional one-year renewals. The consultant must demonstrate at least three (3) years of experience in managing similar FTA grant programs and propose personnel with expertise in state and federal grant requirements.

4.1. Project Goals and Mandatory Requirements: Vendor should describe its approach and methodology to provide the service or solving the problem described by meeting the goals/objectives identified below. Vendor’s response should include any information about how the proposed approach is superior or inferior to other possible approaches.

4.1.1. Goals and Objectives – The project goals and objectives are listed below.

4.2.1.1 Ensure efficient administration of FTA Sections 5339, 5311, 5311(f), 5305 and 5329 and 5310 programs, including grant application, award management, and closeout.

4.2.1.2 Maintain full compliance with FTA regulations, including but not limited to Americans with Disabilities Act (ADA), Disadvantaged Business Enterprise (DBE), Title VI, Equal Employment Opportunity (EEO), drug and alcohol testing, and federal procurement standards.

4.1.2. Mandatory Project Requirements – The following mandatory requirements relate to the goals and objectives and must be met by the Vendor as a part of its submitted proposal. Vendor should describe how it will comply with the mandatory requirements and include any areas where its proposed solution exceeds the mandatory requirement. Failure to comply with mandatory requirements will lead to disqualification, but the approach/methodology that the vendor uses to comply with, and areas where the mandatory requirements are exceeded, will be included in technical scores where appropriate. The mandatory project requirements are listed below.

4.1.2.1 The selected consultant shall provide end-to-end administration of the specified transit programs. Services shall be performed on an as-needed basis under individual work orders issued by DMTF, with tasks including but not limited to the following:

4.1.2.1.1 Grant Management and Administration

4.1.2.1.2 Oversee the full lifecycle of FTA grants, including application preparation, submission via TRAMS, award monitoring, amendments, and closeout.

4.1.2.1.3 Navigate and manage interactions with federal systems, including entering and updating data in TRAMS for grant tracking and utilizing ECHO for payment processing and drawdowns.

4.1.2.1.4 Develop and update West Virginia’s State Management Plans for Sections 5339, 5311, 5311(f) 5305, 5329 and 5310, ensuring alignment with FTA guidelines.

4.1.2.1.5 Conduct risk assessments and develop sub-recipient monitoring programs to identify and mitigate compliance issues.

4.1.2.1.6 Provide hourly technical assistance for regulatory changes, FTA reviews, responses to audits, DBE goal development and program adjustments.

4.1.2.2 Compliance Reviews and Oversight

4.1.2.2.1 Perform on-site and desk compliance reviews for sub-recipients, similar to FTA Triennial Reviews, Procurement System Reviews, and specialized reviews for Title VI, EEO, DBE, ADA, maintenance safety and security.

4.1.2.2.2 Conduct entrance conferences, interviews, document examinations, facility inspections, and exit conferences during reviews.

4.1.2.2.3 Evaluate sub-recipient performance in areas such as legal compliance, financial management, procurement processes, and operational efficiency.

4.1.2.2.4 Develop corrective action plans and provide guidance to sub-recipients on implementing improvements.

4.1.2.3 Sub-Recipient Support Meetings

4.1.2.3.1 Facilitate quarterly meetings with sub-recipients to discuss program updates, performance metrics, challenges and best practices.

4.1.2.3.2 Organize and lead public meetings to gather input on transit needs, service enhancements, and program priorities, ensuring compliance with public participation requirements.

4.1.2.3.3 Conduct annual performance reviews of sub-recipients, analyzing ridership data, vehicle inventory, accident statistics, financial reports and service metrics.

4.1.2.3.4 Provide training sessions and workshops for sub-recipients on FTA regulations, grant management, procurement, compliance monitoring, and other relevant topics, including the development of e-learning modules if needed.

4.1.2.4 Contract Development and Management

4.1.2.4.1 Draft, review and finalize contracts and agreements with sub-recipients, vendors and other stakeholders, ensuring incorporation of all federal and state clauses (e.g., FTA certifications and assurances).

4.1.2.4.2 Manage contract amendments, renewals and terminations as required.

4.1.2.4.3 Assist in procurement process for sub-recipients, including RFP and RFQ development, bid evaluations, and award recommendations in compliance with federal standards.

4.1.2.5 Financial Processing and Reimbursements

4.1.2.5.1 Process reimbursement invoices submitted by sub-recipients, verifying eligibility, accuracy and supporting documentation.

4.1.2.5.2 Enter reimbursement requests into the West Virginia Office of the Auditor's Statewide Accounting System (WVOASIS) for state-level processing.

4.1.2.5.3 Coordinate federal drawdowns via ECHO, ensuring timely payments and reconciliation of funds.

4.1.2.5.4 Prepare financial reports, budgets, and forecasts for program funds, including five-year operating and capital plans for sub-recipients.

4.1.2.6 Data Analysis and Reporting

4.1.2.6.1 Analyze transit data from sub-recipients, including ridership trends, service efficiency, and cost-effectiveness, to recommend enhancements, reductions, or reallocations.

4.1.2.6.2 Prepare draft reports, program manuals, and compliance workbooks for DMTF review and submission to FTA.

4.1.2.6.3 Support updates to program documentation and provide recommendations for service improvements based on data-driven insights.

4.1.2.7 Additional Services

4.1.2.7.1 Attend required meetings with DMTF staff, FTA representatives, and other stakeholders as specified in work orders.

4.1.2.7.2 Provide ad-hoc support for special projects, such as responding to legislative changes, conducting environmental reviews, or integrating new technologies into transit operations.

4.1.2.7.3 Maintain strong relationships with internal and external stakeholders, including federal agencies, state auditors, sub-recipients, and community groups.

4.1.2.8 All services must comply with FTA Circulars (e.g., 4220.1F for Procurement, 5010.1E for Grant Management), West Virginia state laws, and DMTF policies. The consultant shall allocate resources to achieve a DBE participation goal of at least 20% for the contract.

4.1.3 Deliverables:

4.1.3.1 The Vendor will be required to provide monthly progress reports summarizing activities, issues and resolutions.

4.1.3.2 The Vendor will be required to provide annual compliance review reports for each sub-recipient.

4.1.3.3 The Vendor will be required to provide updated State Management Plans and program manuals on an as needed basis.

4.1.3.4 The Vendor will be required to provide training materials and session summaries.

4.1.3.5 The Vendor will be required to provide reports outlining processed reimbursement packages and financial reconciliation reports.

4.1.3.6 The Vendor will be required to draft contracts, agreements and procurement documents.

4.1.3.7 The Vendor will be required to provide data analysis reports and comprehensive five-year plans.

4.1.4 Timelines and Milestones:

4.1.4.1 The Vendor will be notified when the contract has been awarded and encumbered. The effective beginning date will be listed in the contract award document. Upon award, DMTF will issue an Agency Delivery Order (ADO) which will initiate the project. The issuance of the delivery order will in effect constitute Notice to Proceed.

4.1.4.2 The Vendor shall conduct quarterly meetings and performance reviews that are scheduled in alignment with fiscal quarters.

4.1.4.3 The Vendor shall conduct compliance reviews annually or as directed by the DMTF/FTA.

4.1.4.4 All deliverables shall be submitted within the timelines specified in individual work orders ADO documents, with draft version provided for DMTF review.

4.1.5 Service Delivery and Statement of Work

This will be an open-ended contract to provide hourly rates for professional services based on an approved SOW (statement of work) using the established contract hourly rates. A SOW will be created to establish an agency delivery order ADO for each agency request. Hourly rates and professional roles used in the SOW shall be detailed in Exhibit A - Pricing Page.

4.1.5.1 The Vendor must begin work developing a SOW when requested by DMTF within five (5) business days.

4.1.5.2 The Vendor must be available between the hours of 8:00 a.m. to 5:00 p.m. Eastern Standard Time, excluding WV State and Federal Holidays. The Vendor must be available either by phone, via remote connection or in person when needed.

4.1.5.3 The Vendor must bid hourly rates which will be utilized to perform services in accordance with an approved SOW detailing the scope, expectations and deliverables required for each release order.

4.1.5.4 Work performed under an approved SOW may be invoiced monthly and shall include the required backup documentation of work completed for the hours being billed. Invoices with insufficient backup documentation will be returned to the Vendor for correction.

4.1.5.5 The Vendor must work cooperatively with Agency personnel to develop the SOW for services to be provided. The success of the project is dependent on the Vendor’s understanding of the Agency’s business practices and procedures.

4.1.5.6 The Vendor will be required to work with the Agency subject matter experts during the life of this contract. This may involve conducting interviews, reviewing Agency documentation, attending meetings both in person and remotely as well as observing the work being performed by Agency personnel.

4.1.5.7 The Vendor will be required to provide detailed status reports regarding progress with Agency personnel to ensure project delivery is within project defined schedule outlined in the approved SOW.

4.1.5.8 The Vendor will be required to provide project management functions to ensure the successful completion of the tasks outlined in the approved SOW.

4.1.5.9 Each SOW must be mutually approved of by both the Agency and Vendor. An approved ADO (Agency Delivery Order) will be processed and provided to the Vendor when work has been authorized.

4.1.5.10 The Vendor must outline and identify staff members providing services in the SOW and include a firm fixed price for work being performed.

4.1.5.11 The Vendor must outline and identify staff members providing services in the SOW and include a firm fixed price for work being performed.

4.1.5.12 The SOW will include a detailed list of expectations and deliverables along with a time frame for completion.

4.1.5.12.1 It will be the Agency’s discretion to require onsite or off-site services for each project. This requirement will be discussed during the development of the SOW.

4.1.5.12.2 If onsite services are necessary, the vendor shall utilize an hourly rate that incorporates costs associated with travel. Itemized travel expenses cannot be billed separately.

4.1.6 Proposal Requirements

4.1.6.1 The Vendor shall provide detailed rates for services that will be provided under this contract. All rates shall be included on Exhibit A, Pricing Page.

4.1.6.2 Vendor shall provide resumes of key personnel, demonstrating experience in FTA grant management, compliance and federal systems (TRAMS, ECHO).

4.1.6.3 Vendor shall provide a detailed project management plan, including proposed staffing approach, quality assurance and risk management.

4.1.6.4 Proposed staff members may be required to submit fingerprints for background investigation if required by the DMTF. The Agency reserves the right to approve all staff members assigned to perform services under this contract.

4.1.6.5 Any changes to the staff members assigned to provide services under this contract must be approved by the DMTF project manager.

4.1.6.6 The Vendor must assign a primary point of contact responsible for coordinating the services provided under this contract. The primary point of contact will report directly with the DMTF project manager.

4.1.6.7 The vendor shall include a proposed plan for achieving the 20% DBE goal including subcontractor commitments.

4.1.6.8 The vendor shall provide in the RFP proposal with response the estimated number of hours and employee classification needed to fully administer the operation of the DMFT. This estimate shall only include number of hours and classifications. The vendor SHALL NOT include rates or costs in the technical response.

4.2. Qualifications and Experience: Vendor should provide information and documentation regarding its qualifications and experience in providing services or solving problems similar to those requested in this RFP. Information and documentation should include, but is not limited to, copies of any staff certifications or degrees applicable to this project, proposed staffing plans, descriptions of past projects completed (descriptions should include the location of the project, project manager name and contact information, type of project, and what the project goals and objectives where and how they were met.), references for prior projects, and any other information that vendor deems relevant to the items identified as desirable or mandatory below.

4.2.1. Qualification and Experience Information: Vendor should describe in its proposal how it meets the desirable qualification and experience requirements listed below.

4.2.1.1. Vendor shall provide a detailed description of the company’s experience with similar FTA programs, including references from at least two comparable contracts. (e.g., state transit administrations like Maryland MTA)

4.2.1.2. The Vendor must demonstrate at least three (3) years of experience in managing similar FTA grant programs and propose personnel with expertise in state and federal grant requirements.

4.2.1.3. Vendor shall provide resumes of key personnel that demonstrate experience in FTA grant management, compliance and federal systems (TRAMS, ECHO)

4.2.1.4. The Vendor should include information relating to its organization, personnel, and experience, including but not limited to references evidencing the vendor’s qualifications and capabilities, contact information and contact information for verification purposes.

4.2.1.5. Vendor shall provide a proposed project management plan, including staffing approach, quality assurance processes and risk management.

4.2.2. Mandatory Qualification/Experience Requirements – The following mandatory qualification/experience requirements must be met by the Vendor as a part of its submitted proposal. Vendor should describe how it meets the mandatory requirements and includes any areas where it exceeds the mandatory requirements. Failure to comply with mandatory requirements will lead to disqualification, but areas where the mandatory requirements are exceeded will be included in technical scores where appropriate. The mandatory qualifications/experience requirements are listed below.

4.2.2.1. At a minimum the vendor shall have experience working with (2) two entities of similar size and scope as compared to the WV DMTF. The Vendor shall provide contact information for references. The DMTF may contact references to confirm compliance with the experience requirements.

4.2.2.2. The Vendor shall provide resumes for all personnel that will be providing services under this contract. The resumes shall include work experience, education and industry certifications.

4.3. Oral Presentations (Agency Option): The Agency has the option of requiring oral presentations of all Vendors participating in the RFP process. If this option is exercised, points will be allocated in Section 6.2 below at the time the RFP is issued, or via addendum prior to technical bid opening.

4.4. During oral presentations, Vendors may not alter or add to their submitted proposal but only clarify information. A description of the materials and information to be presented is provided below:

4.4.1 Materials and Information Requested at Oral Presentation:

Vendors should provide information regarding their firm’s experience in completing similar projects; staffing plan; descriptions of past projects completed entailing the location of the project; type of project, and what the project goals and objectives were.

4.4.2 The Vendor will be contacted after the technical proposal opening to schedule a vendor presentation that will be held (in person or via online meeting). The vendor will provided with the required hours for the presentation. A detailed presentation agenda/script will be provided prior to the scheduled presentation time.

SECTION 5: VENDOR PROPOSAL

5.1. Economy of Preparation: Proposals should be prepared simply and economically providing a concise description of the items requested in Section 4. Emphasis should be placed on completeness and clarity of the content.

5.2. Incurring Cost: Neither the State nor any of its employees or officers shall be held liable for any expenses incurred by any Vendor responding to this RFP, including but not limited to preparation, delivery, or travel.

5.3. Proposal Format: Vendors should provide responses in the format listed below:

5.3.1. Two-Part Submission: Vendors must submit proposals in two distinct parts: technical and cost. Technical proposals must not contain any cost information relating to the project. Cost proposal must contain all cost information and must be sealed in a separate envelope from the technical proposal to facilitate a secondary cost proposal opening.

5.3.2. Title Page: State the RFP subject, number, Vendor’s name, business address, telephone number, fax number, name of contact person, e-mail address, and Vendor signature and date.

5.3.3. Table of Contents: Clearly identify the material by section and page number.

5.3.4. Response Reference: Vendor’s response should clearly reference how the information provided applies to the RFP request. For example, listing the RFP number and restating the RFP request as a header in the proposal would be considered a clear reference.

Proposal Submission: All proposals (both technical and cost) must be submitted to the Purchasing Division prior to the date and time listed in Section 2, Instructions to Vendors Submitting Bids as the bid opening date and time.

SECTION 6: EVALUATION AND AWARD

6.1. Evaluation Process: Proposals will be evaluated in two parts by a committee of three (3) or more individuals. The first evaluation will be of the technical proposal and the second is an evaluation of the cost proposal. The Vendor who demonstrates that it meets all of the mandatory specifications required, attains the minimum acceptable score and attains the highest overall point score of all Vendors shall be awarded the contract.

6.2. Evaluation Criteria: Proposals will be evaluated based on criteria set forth in the solicitation and information contained in the proposals submitted in response to the solicitation. The technical evaluation will be based upon the point allocations designated below for a total of 70 of the 100 points. Cost represents 30 of the 100 total points.

Evaluation Point Allocation:

Total Technical Score: 70 Points Possible

Total Cost Score: 30 Points Possible

Total Proposal Score: 100 Points Possible

6.3. Technical Bid Opening: At the technical bid opening, the Purchasing Division will open and announce the technical proposals received prior to the bid opening deadline. Once opened, the technical proposals will be provided to the Agency evaluation committee for technical evaluation.

6.4. Technical Evaluation: The Agency evaluation committee will review the technical proposals, assign points where appropriate, and make a final written recommendation to the Purchasing Division.

6.5. Proposal Disqualification:

6.5.1. Minimum Acceptable Score (“MAS”): Vendors must score a minimum of 70% (49 points) of the total technical points possible in order to move past the technical evaluation and have their cost proposal evaluated. All vendor proposals not attaining the MAS will be disqualified.

6.5.2. Failure to Meet Mandatory Requirement: Vendors must meet or exceed all mandatory requirements in order to move past the technical evaluation and have their cost proposals evaluated. Proposals failing to meet one or more mandatory requirements of the RFP will be disqualified.

6.6. Cost Bid Opening: The Purchasing Division will schedule a date and time to publicly open and announce cost proposals after technical evaluation has been completed and the Purchasing Division has approved the technical recommendation of the evaluation committee. All cost bids received will be opened. Cost bids for disqualified proposals will be opened for record keeping purposes only and will not be evaluated or considered. Once opened, the cost proposals will be provided to the Agency evaluation committee for cost evaluation.

The Purchasing Division reserves the right to disqualify a proposal based upon deficiencies in the technical proposal even after the cost evaluation.

6.7. Cost Evaluation: The Agency evaluation committee will review the cost proposals, assign points in accordance with the cost evaluation formula contained herein and make a final recommendation to the Purchasing Division.

Cost Evaluation Formula: Each cost proposal will have points assigned using the following formula for all Vendors not disqualified during the technical evaluation. The lowest cost of all proposals is divided by the cost of the proposal being evaluated to generate a cost score percentage. That percentage is then multiplied by the points attributable to the cost proposal to determine the number of points allocated to the cost proposal being evaluated.

Step 1: Lowest Cost of All Proposals / Cost of Proposal Being Evaluated = Cost Score Percentage

Step 2: Cost Score Percentage X Points Allocated to Cost Proposal = Total Cost Score

Example:

Proposal 1 Cost is $1,000,000 Proposal 2 Cost is $1,100,000 Points Allocated to Cost Proposal is 30

6.8. Availability of Information: Proposal submissions become public and are available for review immediately after opening pursuant to West Virginia Code §5A-3-11(h). All other information associated with the RFP, including but not limited to, technical scores and reasons for disqualification, will not be available until after the contract has been awarded pursuant to West Virginia Code of State Rules §148-1-6.3.d.

By signing below, I certify that I have reviewed this Request for Proposal in its entirety; understand the requirements, terms and conditions, and other information contained herein; that I am submitting this proposal for review and consideration; that I am authorized by the bidder to execute this bid or any documents related thereto on bidder’s behalf; that I am authorized to bind the bidder in a contractual relationship; and that, to the best of my knowledge, the bidder has properly registered with any State agency that may require registration.

(Company)

(Representative Name, Title)

(Contact Phone/Fax Number)

(Date)

Attachment A: Cost Sheet

CONTRACT PRICE, PAYMENT SCHEDULE & CONTRACT EXTENSION and CONDITIONS

1. Contract Price As reflected on pricing page – not to be submitted with the technical proposal.

Deliverables as Listed in Section 4 RFP:

Compensation for Deliverables in Section 4 of RFP shall be on a unit of measure (loaded hourly rate or inspection rate) basis as reflected on pricing page. This basis of payment typically includes an estimate of labor hours by classification or employee, and a “loaded” rate which includes an hourly labor rate, applied overhead, and fixed fee by classification or employee. In addition, other direct costs and sub Vendor costs may be proposed and authorized, if necessary. Use the listed task descriptions under Section 4.4.2 and the attached pricing page (Exhibit A) in presenting cost information for Deliverables in Section 4 of RFP.

All billings for services must be directed to WVMTF-T and follow the current guidelines. Payment to the Vendor for services rendered shall not exceed the maximum amount unless an increase is approved in accordance with the contract with the Vendor. Typically, billings must be submitted within thirty (30) days after the completion of services for the current billing. The final billing must be received within sixty (60) days of the completion of services.

2. Payment Schedule Payment for any contract entered into as a result of this RFP will be made monthly upon receipt of the Vendor’s billing statement and progress report.

Pricing Page & Method of Award & Evaluation: Vendor shall complete the Pricing Page which is Exhibit A by tabulating a Unit Price and multiplying by the Estimated Quantity to arrive at an Extended Cost. All of the Extended Cost will be added to arrive at the TOTAL BID AMOUNT. Award will be made to the lowest responsible bidder on the basis of TOTAL BID AMOUNT.

Vendor should complete the Pricing Page in full as failure to complete the Pricing Page in its entirety shall result in Vendor’s bid being disqualified. Vendor should type or electronically enter the information into the Pricing Page to prevent errors in the evaluation. An electronic pricing sheet is available for the vendor’s convenience. Notwithstanding the foregoing, the Purchasing Division may correct errors as it deems appropriate. The successful Vendor will only be paid for the services actually provided. The bid amount shall be all-inclusive; additional charges, such as administration costs, travel or lodging will not be allowed.

Attachment A: Federal Clauses & Agency Specific Terms & Conditions

Agency Additional Terms and Conditions

Qualifications: All vendors, or vendors’ personnel providing services under this contract, must have a minimum of ten (10) years of work experience relating to FTA 5307, 5310, 5311 and 5339 programs. That experience must include at least ten (10) years of work experience in each of the following areas: developing oversight programs, conducting onsite reviews, conducting State Management Reviews, conducting Triennial Reviews, assisting states prepare for State Management Reviews, assisting transit systems prepare for Triennial Reviews, and providing training related to FTA’s programs, financial system(s) and proprietary computer system(s). Compliance with qualification requirements will be determined prior to contract award by the State through references provided by the Vendor with its bid or upon request, through knowledge or documentation of the Vendor’s past projects, or some other method that the State determines to be acceptable. The Vendor should provide current resumes of themselves and their subcontractors which includes information regarding the number of years of qualification, experience and training, and relevant professional education for everyone that will be assigned to this project. The vendor must provide any document requested by the State to assist in confirmation of compliance with this provision. References, documentation, or other information to confirm compliance with this experience requirement are preferred with the proposal/bid submission but may be requested after bid opening and prior to contract award.

All vendors shall also indicate, preferably with their proposal/bids, but prior to contract award, Whether they or any subcontractor they plan to use is certified by the West Virginia Department of Transportation (WVDOT), Equal Employment Opportunity (EEO) Office, as a certified Disadvantaged Business Enterprise (DBE). A directory of DBE firms (consultants) which are certified by the WVDOT EEO Office and categorized as socially and economically disadvantaged may be found at:

http://www.transportation.wv.gov/EEO/DBE/Pages/default.aspx. If a vendor or any subcontractor has DBE status, the vendor shall also describe the portion of the bid proposal that would be performed by a DBE. This information is requested for reporting purposes only and is not a factor in determining the award.

46. INTERPRETATIONS AND REPRESENTATIONS If for any reason it becomes necessary to revise or clarify any information published herein, such revision or clarification shall be set forth by written amendment. The WVDMTF-T shall not be bound by any oral representations or any written changes made to the specifications, terms, and conditions issued by any person, including employees of the WVDMTF - T, unless such clarification, revision, or other changes is provided to vendors via written amendment issued by the Purchasing Division. .

47. NO IN-STATE VENDOR PREFERENCE ALLOWED The Federal Transit Administration’s “Third Party Contracting Circular” (4220.1F), requires grantees (the WVDMTF - T) to conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Therefore, the in-state vendor preference shall not apply to this procurement since it is entirely funded with Federal Transit Administration funds. The FTA’s “Third Party Contracting Circular” (4220.1F) can be found at http://www.fta.dot.gov/documents.

· Regarding West Virginia In-State Vendor Preference, per West Virginia Code - §5A-3-37(d) - If any of the requirements or provisions set forth in this section jeopardize the receipt of federal funds, then the requirement or provisions are void and of no force and effect for that specific project.

48. MEETINGS At the onset of this project, the WVDMTF - T shall brief the successful vendor on information that might be pertinent to conducting this project. This kick off meeting shall take place at the office of the WVDMTF - T in Charleston, WV, within 30 days of the bid award. The vendor shall make additional visits to WVDMTF - T’s offices, during the project, as well as visits to WVU PRT in Morgantown, WV. Meetings/visits shall be determined after bid award.

49. PAYMENT Successful Vendor will be paid for services actually provided. The bid amount shall be all-inclusive. The vendor shall submit a monthly invoice to WVDMTF - Transit requesting payment per Task as listed on the pricing page. All travel costs and any other expenses associated with visits to Charleston, WV and Morgantown, WV shall be included at rate submitted under that Task on pricing page. Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

Payment Process: When submitting invoices for payment to the WVDMTF - T, the Vendor shall be required to provide an original typed invoice. The following items shall appear on the invoice:

(1.) Vendor's Federal Employee Identification Number (FEIN)

(2.) Purchase Order Number

(3.) Submit all invoices to:

Or

DOTPublicTransit@wv.gov

Prompt Payment: The prime Vendor agrees to pay each sub-contractor under this Prime contract for satisfactory performance of its contract no later than 15 (fifteen) days from the receipt of each payment the prime Vendor receives from the WVDMTF - T. The Vendor agrees further to return retainage payments to each subcontractor within 15 (fifteen) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the WVDMTF-Transit. This clause applies to both DBE and non-DBE subcontractors.

50. FEDERAL REQUIRED CLAUSES FTA Terms and Conditions and Certifications: Current FTA Terms and Conditions are included in this specification and must be met. Certifications for Debarred Bidders and Restrictions on Lobbying are provided on Bid Forms 1 and 2. All bid forms provided shall be properly completed and furnished by the Vendor as part of the bid. Failure to submit any of these forms shall disqualify the bid.

51. No Federal Government Obligations to Third Parties:

(1) The WVDMTF - T and Vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the WVDMTF - T, Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Vendor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the Federal Transit Administration. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

52. Program Fraud and False or Fraudulent Statements or Related Acts:

(1) The Vendor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Vendor certifies or affirms the truthfulness and accuracy of any statement it has made, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Vendor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Vendor to the extent the Federal Government deems appropriate.

(2) The Vendor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Vendor, to the extent the Federal Government deems appropriate.

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

53. Exclusionary or Discriminatory Specifications: The Vendor agrees that it will comply with the requirements of 49 U.S.C. § 5325(h) by refraining from using any Federal assistance awarded by the WVDMTF - T to support procurements using exclusionary or discriminatory specifications.

54. Access to Records, Audit and Inspection: The Vendor must permit the WVDMTF - T, the Secretary of the United States Department of Transportation and the Comptroller General of the United States, or their authorized representatives, to inspect all Contract work, materials, payrolls, and other data and records with regard to the Contract. The Vendor must permit an audit of the books, records, and accounts of the Vendor and its subcontractors.

55. Disadvantaged Business Enterprise (DBE): The Vendor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The requirements of 49 C.F.R. Part 26 and the WV Department of Transportation’s (WVDOT) U.S. Department of Transportation (USDOT) approved Disadvantaged Business Enterprise (DBE) Program are incorporated in the Contract by reference. The Vendor agrees to take all necessary and reasonable steps under the requirements of 49 C.F.R. Part 26 and the USDOT approved Disadvantaged Business Enterprise (DBE) Program (where required) to ensure that eligible DBEs have the maximum feasible opportunity to participate in USDOT approved Contracts. Failure by the Vendor to carry out these requirements is a material breach of the Contract, which may result in the termination of this Contract or such other remedy as the WVDMTF - T deems appropriate.

56. Civil Rights: In connection with the execution of this contract, the following requirements will apply:

A. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq., Age Discrimination Act of 1975, as amended, 42 U.S.C. §6101, et. seq., Americans With Disabilities Act of 1990, as amended, 42 U.S.C. § 12101, et. seq., and Federal transit law at 49 U.S.C. § 5332, as amended, the Vendor agrees that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, national origin, sex, age or disability. In addition, the Vendor agrees to comply with any other applicable Federal statutes that may be signed into law or regulations that may be promulgated.

B. Equal Employment Opportunity. The following equal employment opportunity requirements apply to the underlying contract:

1) Race, Color, Religion, National Origin, Sex, Disability, Age, Sexual Orientation, Gender Identity or Status as a Parent. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq., and Federal transit laws at 49 U.S.C. § 5332, the Vendor agrees to comply with all applicable equal employment opportunity requirements of the U.S. Department of Labor (US DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq., (which implement Executive Order Number 11246, “Equal Employment Opportunity”, as amended by Executive Order Number 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Vendor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, color, religion, national origin, sex, disability, age, sexual orientation, gender identity or status as a parent. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms or compensation; and selection for training, including apprenticeship. In addition, the Vendor agrees to comply with any implementing requirements FTA may issue.

C. The Vendor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

57. Energy Conservation: The Vendor agrees to comply with, and obtain the compliance of its subcontractors, with mandatory standards and policies relating to energy efficiency contained in applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et seq.

58. Application of Federal, State and Local Laws and Regulations: To achieve compliance with changing federal, state and local requirements, the Vendor shall note that federal, state and local requirements may change and the changed requirements will apply to this Contract as required. If said changes affect the tasks or implementation, a formal change order will be issued.

59. Prohibited Interest: No employee, officer, board member, agent or their family members of the WVDMTF - T may participate in the selection, award, or administration of a Contract supported by Federal funds if a real or apparent conflict of interest is involved. Such a conflict could arise when any of the parties mentioned above have a financial or other interest in the Vendor selected for the Contract.

60. FTA Terms: The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provision. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, and are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Vendor shall not perform any act, fail to perform any act, or refuse to comply with any WVDMTF - T requests that would cause the WVDMTF - T to be in violation of the FTA terms and conditions.

61. Debarment and Suspension: Vendor agrees to comply, and assures the compliance of any other participant at any tier of the project, with Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, and U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 CFR Part 1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement),“ 2 CFR Part 180. The vendor agrees to, and assures that any other participant at any tier of the project will review the U.S. GSA’s Debarment and Suspension information available at https://www.sam.gov), before entering into any other arrangement in connection with the project.

The certification in this clause is a material representation of fact relied upon by the WVDMTF - T. If it is later determined that the Vendor/bidder knowingly rendered an erroneous certification, in addition to remedies available to the WVDMTF - T, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Vendor/bidder agrees to comply with the requirements of 2 CFR Part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The Vendor/bidder further agrees to include a provision requiring such compliance in its lower tier covered transactions. All Vendors shall be required to certify that they are not on the Comptroller General's list of ineligible contractors at bid submission and on Bid Form #1.

62. Restrictions on Lobbying: Every Vendor who applies or bids for an award of $100,000 or more shall file the certification at bid submission and on Bid Form #2 required by C.F.R. Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of the registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non‑Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the WVDMTF - T.

63. Federal Regulation Changes: Vendor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the FTA Master Agreement (FTA MA (23) dated October 1, 2016) between the WVDMTF - Transit and FTA, as they may be amended or promulgated from time to time during the term of this Contract. Vendor's failure to so comply shall constitute a material breach of this contract.

64. Electronic and Information Technology: The Vendor agrees to provide any reports or information for distribution to FTA, among others, using electronic or information technology capable of assuring that the reports or information, when provided to FTA, will meet the applicable accessibility standards of Section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794d, and U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR Part 1194.

65. Clean Air: The Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7414 and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.