ECW RFP_TechnicalAssistance_Final.pdf

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Transportation Technical Assistance
Solicitation number
1321A-022-01
Issued by
Outagamie County, Wisconsin

About this file

This is a Request for Proposals (RFP) issued by the East Central Wisconsin Regional Planning Commission (ECWRPC) seeking a consultant to deliver a transportation technical assistance program to communities within the Appleton (Fox Cities) Transportation Management Area (TMA) and Oshkosh Metropolitan Planning Organization (MPO). The program will provide solutions-based technical assistance to communities addressing transportation issues through an application-based selection process. Potential projects include intersection improvements, corridor reviews, transportation equity analysis, pedestrian safety improvements, transit stop analysis, safety audits, and street crossing enhancements. The consultant will assist with application development and community recruitment, conduct current conditions inventories and data collection including quantitative and qualitative issue identification, equity analysis, and community stakeholder meetings, and develop comprehensive reports with recommendations and draft concepts. Proposals were due by December 20, 2021 at 4:00 PM CST, with contract work commencing on or around February 1, 2022 and all tasks required to be completed by May 20, 2022, with a maximum extension allowable until November 30, 2022. The evaluation committee was scheduled to meet the week of December 20, 2021, with interviews potentially conducted the week of January 3, 2022, contract negotiation meetings the week of January 10, 2022, and contract approval targeted for January 28, 2022.

Proposals are scored on a 100-point scale evaluating Project Understanding and Work Plan (20 points), Project Schedule and Timeline (15 points), Description of Firm (15 points), Project Team and Experience with Similar Projects (15 points), Desired and Value-Added Capabilities and Solutions (20 points), and Budget and Fee Information (15 points). The budget proposal is submitted separately and reviewed only after the selection committee identifies a contractor. All costs, including hourly rates for consultants and subcontractors, reimbursable expenses, and a not-to-exceed cap, must be included in the spreadsheet budget submission. The contract is federally funded through the CFDA 20.205 program and requires compliance with 2 CFR 200 and 23 CFR 450 and 420. Selected contractors must provide proof of insurance prior to contract execution, including Comprehensive General Liability of $1,000,000, Auto Liability of $300,000, and Worker's Compensation coverage. Subcontractors must be identified in the proposal and cannot be changed without written approval from ECWRPC. Key personnel changes also require prior written approval, and any subcontracts must be executed within 14 business days of the consultant's contract with ECWRPC.

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Request for Proposals:

Transportation Technical Assistance Program

East Central Wisconsin Regional Planning Commission

Date of Issuance: Monday, November 29, 2021

Proposals due: 4pm CST, Monday, December 20, 2021

Catalog of Federal Domestic Assistance (CFDA) Number: 20.205

State ID number: 395-0095-15-79

EC Project ID: 1321A-022-01

1 RFP: Transportation Technical Assistance Program

Table of Contents Section 1 – General Information to Proposers

1. Background Information

2. Project Summary

3. Purpose

4. Project Timeline

5. Request for Proposals (RFP) Process

6. RFP Inquiries/Questions

7. RFP Proposal Submission

a. General Instructions

Section 2 – Scope of Services

a. Application, Recruitment and Selection

b. Current Conditions Inventory, Data Collection

c. Inventory of Issues, Opportunities, and Recommendations

d. Development of Report

Section 3 – Proposal Requirements and Evaluation

9. Proposal Requirements and Evaluation (Maximum of 100 points)

a. Evaluation and Scoring of Proposals

b. Estimated Schedule of Events

a. Project Understanding and Work Plan (20 possible points)

b. Project Schedule and Timeline (15 possible points)

c. Description of Firm (15 possible points)

d. Project Team and Experience with Similar Projects (15 possible points)

e. Desired and Value-Added Capabilities and Solutions (20 possible points)

f. Budget and Fee Information (15 possible points)

Section 4 – Proposal Terms and Conditions

10. RFP Document

2 RFP: Transportation Technical Assistance Program

11. Ownership of Records

12. Acceptance of Proposal Content and Public Information

13. Proprietary Information

14. Personnel and Subcontractors

15. RFP Proposal Costs

16. Acceptance of Proposal Content

17. Rejection of Proposals

18. Insurance and Hold Harmless

19. Contract Negotiations

20. Applicability of State and Federal Regulations

21. Nondiscrimination & Equal Opportunity

22. Audits

23. National Policy Requirements

24. Prior Written Approval

25. Separate Bank/Fund Accounts

26. Reimbursement for Travel

Attachments

Attachment A .................................................................................................................. A-1

Attachment B ................................................................................................................... B-2

Attachment C ................................................................................................................... C-1

3 RFP: Transportation Technical Assistance Program

Section 1 – General Information to Proposers

1. Background Information About East Central Wisconsin Regional Planning Commission

East Central Wisconsin Regional Planning Commission is the official comprehensive, area-wide planning agency for the eight member-counties in the East Central Wisconsin including the counties of Calumet, Fond du Lac, Menominee, Outagamie, Shawano, Waupaca, Waushara and Winnebago. ECWRPC also serves as the Metropolitan Planning Organization for Appleton (Fox Cities) and Oshkosh, and as staff for the Metropolitan Planning Organization for Fond du Lac. East Central Wisconsin Regional Planning Commission, as the MPO and staff for the Fond du Lac MPO, receives PL funds for the MPO and follow the federal regulations as it relates to MPO Activities within 23 CFR 420 and 450.

2. Project Summary East Central WI Regional Planning Commission (ECWRPC) is issuing this “Request for

Proposals” (RFP) to enter into contract with a Consultant to provide transportation technical assistance program to communities within the Appleton (Fox Cities) TMA and

Oshkosh MPO. This technical assistance (TA) program will utilize an application-based selection process to provide solutions-based technical assistance to communities seeking to address a particular issue related to transportation. Potential projects may include, but are not limited to, the following: intersection improvements, corridor reviews, transportation equity analysis, pedestrian safety improvements (FHWA’s Safe

Transportation for Every Pedestrian countermeasures), transit stop analysis/enhancement recommendations, safety audits, and street crossing enhancements.

The Consultant will partner with ECWRPC staff to utilize the following framework to assist the selected communities:

• Identification of the particular problem and need

• Collecting data, touring the site(s), and meeting with community stakeholders

• Analyzing data and summarizing community conversations around the site(s) and the issues

• Identifying potential solutions to address the issue

• Creating a final report with action-based recommendations to ECWRPC and the communities

4 RFP: Transportation Technical Assistance Program

3. Purpose The purpose of this study is to enter into a contract with the Consultant to provide communities with an interactive, solutions-based technical assistance program and provide recommendations on how to overcome an identified transportation-based issue.

4. Project Timeline The project will commence on or around February 1, 2022, and all tasks must be completed by May 20, 2022. The final invoice must also be submitted by May 20, 2022.

5. Request for Proposals (RFP) Process This RFP will be publicly advertised and released in accordance with the applicable laws of the State of Wisconsin and shall include notification of the time and place when and where the RFP is issued. Vendors selected to enter into Contract on this project are considered federal subrecipients, and will need to comply with 2 CFR 200 and 23 CFR

450 and 420. The RFP may be obtained from the primary contact:

Matt Halada, Principal Transportation Planner East Central Wisconsin Regional Planning Commission Attn: Transportation Technical Assistance 400 Ahnaip St, Suite 100 Menasha, WI 54952 Email: mhalada@ecwrpc.org Phone: 920-886-6823

6. RFP Inquiries/Questions All questions/inquiries must be directed in an email format with a subject line

“Transportation Technical Assistance – Questions” no later than Noon CST, December 8, 2021 to:

Matt Halada, Principal Transportation Planner East Central Wisconsin Regional Planning Commission Email: mhalada@ecwrpc.org Phone: 920-886-6823

ECWRPC will review all inquiries and questions received prior to the RFP submittal deadline and will address these questions on its website and as an addendum in VendorNet by noon on Friday, December 10, 2021. It is the responsibility of each Proposer to check ECWRPC’s website and/or VendorNet for questions and the corresponding answers. During the review or preparation of the RFP Proposal, if a Proposer discovers any errors, omissions, or ambiguities within the RFP, they should identify them in writing to ECWRPC prior to the RFP submission deadline.

mailto:mhalada@ecwrpc.org

Matt Text Box The preferred deadline for the completion of this project will be May 20, 2022. Applicants are welcome to submit a proposal with a timeline beyond the preferred date but must not exceed November 30, 2022. (updated 12-1-21)

5 RFP: Transportation Technical Assistance Program

7. RFP Proposal Submission East Central Wisconsin Regional Planning Commission must receive all proposals no later than Monday, December 20, 2021 at 4pm CST. Late proposals will not be considered.

Applicants must submit an electronic PDF version of the proposal with the project budget as a separate attachment in the same email. The budget must be sent as a separate attachment and clearly labeled at “Fee Structure—Do Not Open.” Proposals must be emailed to:

Matt Halada, Principal Transportation Planner Subject Line: Transportation Technical Assistance Email: mhalada@ecwrpc.org

An email confirm will be sent upon receipt of proposal.

a. General Instructions

The evaluation and selection of a contractor will be based on the information submitted in the proposal plus references and any required interviews/presentations or demonstrations. Proposers should respond clearly and completely to all requirements.

Failure to respond to each of the requirements in the RFP may be the basis for rejecting a proposal. Elaborate proposals (e.g. expensive artwork), beyond that is sufficient to present a complete and effective proposal, are not necessary or desired.

Document requirements: Times New Roman, Size Font – 12.

Each proposal must include the following:

• Project Understanding and Work Plan

• Project Schedule and Timeline

• Description of Firm

• Project Team and Experience with Similar Projects

• Desired and Value-Added Capabilities

• Budget and Fee Information – The budget and fee information must be submitted in a spreadsheet format and clearly marked “Fee Structure—Do Not Open” as a separate attachment in the application email package

• Completed forms provided in Attachments A-C:

• A: Confidential and Proprietary Information

• B: Bidder’s Opportunity List

• C: Assurance of Eligibility and Compliance

6 RFP: Transportation Technical Assistance Program

Section 2 – Scope of Services

8. Scope of Services The proposal should describe the Consultant’s approach to completing each of the tasks outlined below. The proposal should provide sufficient detail to enable the selection committee to thoroughly evaluate and compare it to other proposals. The proposal should closely follow the format of the Scope of Services and address each point outlined below. It should include information sufficient to detail the work performed to accomplish each point below and any other materials/ideas/data your firm believes is pertinent to this project.

a. Application, Recruitment and Selection

The Consultant will be responsible for the following, to assist in the development and recruitment of eligible community applicants:

i. Create an application and project selection process

ii. Outreach materials and messaging for this program

iii. Assist with project selection process

b. Current Conditions Inventory, Data Collection

It is the expectation the consultant will work with ECWRPC and selected communities to have a comprehensive understanding of current conditions in the project areas, which should include both quantitative and qualitative issue identification. This should include but is not limited to the following:

i. Conduct tours of project areas and meetings with community staff and pertinent stakeholders

ii. Collect relevant data

iii. Conduct an equity analysis of project area

c. Inventory of Issues, Opportunities, and Recommendations

Upon accomplishing items, above, the Consultant shall create an inventory of issues and opportunities that will serve as a platform for development of recommendations aimed at issue resolution. Once the inventory and analysis are complete, the Consultant and ECWRPC will meet with the community stakeholders to discuss preliminary findings.

d. Development of Report

Based on the inventory and feedback a project report will be created to summarize the project and provide the applicant a solid framework to implement issue resolution and be program ready.

i. Summary of project area

ii. Demographics/pertinent information

iii. Equity analysis/analyses

iv. Issues

v. Opportunities

7 RFP: Transportation Technical Assistance Program

vi. Recommendations/draft concepts

Section 3 – Proposal Requirements and Evaluation

9. Proposal Requirements and Evaluation (Maximum of 100 points) Document requirements: Times New Roman, Size Font – 12.

a. Evaluation and Scoring of Proposals Accepted proposals will be reviewed by the ECWRPC selection team. The proposals will be scored using the following criteria:

Project Understanding and Work Plan 20 pts.

Project Schedule and Timeline 15 pts.

Description of Firm 15 pts.

Project Team and Experience with Similar Projects 15 pts.

Desired and Value-Added Capabilities 20 pts.

Budget and Fee Information (*see Section 3(9)(f))) 15 pts.

Total Points 100 pts.

b. Estimated Schedule of Events

This schedule is preliminary and subject to change.

Issuance of RFP November 29, 2021

Question Submittal Deadline Noon CST, December 8, 2021

Addendum Posted on VendorNet Noon CST, December 10, 2021

Closing Date of RFP Response 4 pm CST, December 20, 2021

Evaluation Committee Meets to Rank Proposals Week of December 20, 2021

Interviews (only if needed) Week of January 3, 2022

Contract Negotiation Meeting Week of January 10, 2022

Contract Approval January 28, 2022

Begin Work on Contract February 1, 2022

a. Project Understanding and Work Plan (20 possible points) This section requires a discussion of the approach the firm will use to complete the project. The proposal shall include a clear and concise understanding of the project, the work to be completed, and the coordination required based on existing information.

Elements that will be evaluated are:

1. Demonstrates understanding of the project.

2. Clear and concise explanation of specific tasks needed to accomplish the project.

3. Defines issues to be resolved in the course of the project.

4. Previous work and tools.

5. Coordination efforts.

8 RFP: Transportation Technical Assistance Program

6. General tools that will help within the study.

b. Project Schedule and Timeline (15 possible points) This relates to the consultant’s time requirements to complete those tasks identified.

Elements that will be evaluated include:

1. Time required to complete individual tasks (duration).

2. Inter-relations between tasks (dependencies).

3. Key events during the project (milestones).

4. Critical input points from ECWRPC.

c. Description of Firm (15 possible points) This is related to the firm and sub consultants. All sub consultants and their respective roles, qualifications, and experience must be clearly identified. This section will provide a basis for judging how well the firm’s qualifications and experience relate to this specific project. Firm profile may be included. Elements that will be evaluated are:

1. Background & stability of firm (length of time in business, ownership, affiliations, financials, etc.).

2. Relevant projects the firm has completed (provide references).

3. Background of any sub consulting firm(s) used on this project, and an explanation of prior relationships with the consultant.

4. Relevant projects the sub consulting firm(s) has completed (provide references).

5. Provide three (3) references of individuals/agencies with contact information (i.e.

phone numbers and e-mail) who can attest to your firm’s ability to undertake and complete this project.

d. Project Team and Experience with Similar Projects (15 possible points) This criterion relates to the project principal, project manager, key staff, and sub consultant staff. This section will provide a basis for judging how well the project team’s qualifications, experience with similar projects, and time allocations related to this specific project. Individual resumes must be included. Elements that will be evaluated are:

1. Number of people and hours assigned to this project with information to be provided in a spreadsheet format that clearly identifies staff and hours. Costs must not be listed on this spreadsheet.

2. Extent of principal and project manager involvement. Meeting with the Project Team as often as necessary to meet objective and additional meetings, as the consultant believes necessary to enhance this project.

3. Key project team members who worked on similar projects and unique qualifications that make them a valuable resource on this specific project, including experience with other consulting firms.

4. Key project team member roles during this project.

5. Does the project team cover all phases of this project?

6. Project Manager’s technical and managerial experience with projects of similar scope and nature.

e. Desired and Value-Added Capabilities and Solutions (20 possible points) The Consultant may submit any information they believe relevant that does not fit within the body of the proposal. This may include, but is not limited to brochures, company information, supplemental resumes, additional project descriptions, and any other information the consultant believes is useful. You may use this section to include innovative approaches your firm would take in working on this project or additional items

9 RFP: Transportation Technical Assistance Program that would complement the approaches outlined. This additional submittal will be reviewed and used by the Project Team.

f. Budget and Fee Information (15 possible points)

Proposed Consultant fees for each phase of this project must be submitted in a spreadsheet format in a separate attachment marked “Fee Structure—Do Not Open.”

The fee structure relates to the total fee for this project as described by the consultant in Section 2, Scope of Services. Proposed resources for each task must be identified, including hours and wage rates for consultants and sub consultants. Work that the consultant would not provide, and must be provided separately by the ECWRPC must also be identified. Elements that will be evaluated include:

1. Availability of resources from the consultant and the sub consultant(s) for the project.

2. Estimated hours and fees to complete individual work elements.

3. Estimated total fee for the project, based on hourly rates including a not-to-exceed cap.

4. List of tasks not performed by the consultant or sub consultant(s) for project, which must be performed by the ECWRPC.

5. Identify what your firm considers reimbursable expenses and detailed costs of each.

All costs, as requested, for furnishing the product(s) and/or services must be included in this proposal. No mention of the cost proposal may be made in the response to the general, technical, performance, or support requirements of the RFP.

The proposed budget will be scored separately from the other criteria. The proposed budget will be 15% of the overall score and to be reviewed by only the ECWRPC staff once the selection committee has selected a contractor.

The cost proposal must be submitted as a separate attachment within the emailed proposal package. All prices must be quoted in U.S. Dollars.

Section 4 – Proposal Terms and Conditions

10. RFP Document Information provided herein is intended solely to assist Proposers in the preparation of their Proposals. To the best of the ECWRPC’s knowledge, the information provided is accurate. However, ECWRPC does not warrant such accuracy and any errors or omissions subsequently determined will not be construed as a basis for invalidating this RFP.

11. Ownership of Records ECWRPC will retain ownership of all interim and final documents and related materials that are either produced or developed in conjunction with the Consultant’s contract. The Consultant is prohibited from copying or distributing any of these documents or other reports developed in conjunction with the East Central WI Regional Planning Commission (ECWRPC) without written permission from ECWRPC.

12. Acceptance of Proposal Content and Public Information Proposals will be treated as proprietary and confidential from the time of the receipt and throughout the review process; however, the Proposer shall understand that all submitted proposals become the property of the East Central WI Regional Planning

10 RFP: Transportation Technical Assistance Program

Commission (ECWRPC) and information included therein or attached thereto shall become public record pursuant to Wisconsin State Statue after recommendation for endorsement of contract is made. Any specific portions of the proposals which the submitting firm desires to remain confidential due to legitimate “proprietary information” or “trade secret” must be identified in Attachment A. In the event that ECWRPC judges the information to be non-confidential, the Proposer will be notified and given the opportunity to change the designation or withdraw the proposal prior to evaluation.

13. Proprietary Information All restrictions on the use of the data contained within a proposal and all confidential information must be clearly stated on the attached “Designation of Confidential and Proprietary Information” form (Attachment A). Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the applicable Wisconsin State Statue(s).

To the extent permitted by the law, it is the intention of ECWRPC to withhold the contents of the proposal from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the opinion of ECWRPC. At that time, all proposals will be available for review in accordance with the Wisconsin Open Records Law.

14. Personnel and Subcontractors

1. The COMMISSION must approve or disapprove the selection of key personnel as identified in the application and/or this Agreement. Any new hires or changes in key personnel require prior written approval from the COMMISSION. Resumes, in sufficient detail to reveal the experience, education, and other general and specific qualifications for the position, must be submitted to the COMMISSION for its consent prior to approval of a candidate.

2. The CONSULTANT agrees to comply with the requirements regarding support of salaries and wages in 2 CFR Part 200.430, “Compensation-personal services.”

It is intended that a single contractor will have total responsibility for all services identified in the Transportation Technical Assistance RFP. Therefore, any Proposer desiring to use a sub-contractor(s) must identify each on a document supplied as an attachment to the Proposal and titled attachment “Sub-contractors” and should include:

o their company’s name, o the company’s principal owner(s), o description of their involvement in the project, and o qualifications for each aspect of this Transportation Technical Assistance RFP that they will be involved with.

The sub-contractor(s) cannot be changed after submission of the Proposal without the written approval of ECWRPC. The Consultant is responsible for all actions, workmanship, performance, and payment for their subcontractor(s). A contract between the Consultant and the subcontractor must be signed within 14 business days of Consultant’s signed contract with ECWRPC. ECWRPC reserves the rights to a copy of the signed contract between the Consultant and the sub-contractors.

ECWRPC reserves the right to terminate the terms of its contract in the event of Consultant’s failure to establish a signed contract between the Consultant and

11 RFP: Transportation Technical Assistance Program subcontractor within 14 business days. A copy of the final contract between the Consultant and the sub-contractor must be sent to ECWRPC within 21 business days of the Contract execution between ECWRPC and the Consultant.

15. RFP Proposal Costs ECWRPC is not liable for any costs or expenses incurred by any Proposer in the preparation of the Proposal, attendance at any conference, or meeting related to this RFP. ECWRPC is not liable for payment of any amount to the selected proposer until the Contract has been awarded and executed by ECWRPC and the Contractor has performed services pursuant to the Contract that entitle the Contractor to receive payment under the terms of the Contract.

16. Acceptance of Proposal Content By submitting a proposal, the proposer agrees that all or portions of the proposal’s contents may become part of a contract, if accepted, and ECWRPC will reject any proposal submitted by a proposer who does not accept this condition.

17. Rejection of Proposals ECWRPC reserves the right to waive any informality, and/or to reject, at any time and for any reason, any and all Proposals received as a result of this RFP. East Central WI Regional Planning Commission’s intent is to enter into a Contract as a result of this RFP. However, if, after reviewing the Proposals received, ECWRPC determines that ECWRPC should not enter into any contract, or to enter into a partial or different contract from the Contract contemplated by this RFP, ECWRPC will act in accordance with what ECWRPC determines at that time to be in its best interest. No Proposer or any other party has any entitlement, interest, or right in this decision by the ECWRPC and by submitting a Proposal, acknowledges ECWRPC’s right to exercise its discretion in this regard without any right of recourse by the Proposer.

18. Insurance and Hold Harmless Per ECWRPC’s Competitive Bid Policy and 2 CFR 200, the successful proposer will be required to provide proof of insurance prior to the signing the contract, which shall include the following types and amounts:

1. Comprehensive General Liability - $1,000,000 combined single limits per

Occurrence;

2. Auto Liability - $300,000 combined single limits per occurrence; and

3. Worker’s Compensation – coverage satisfying statutory provisions of Chapter 102, Wis. Stats.; not less than $100,000 employer’s liability.

In addition, “hold harmless” provisions will be contained in the contract with the successful proposer.

19. Contract Negotiations East Central Wisconsin Regional Planning Commission (ECWRPC) reserves the right to negotiate the award and conditions of the proposal prior to entering into a written

12 RFP: Transportation Technical Assistance Program agreement.

20. Applicability of State and Federal Regulations The selected contractor shall comply with all applicable terms and conditions of ECWRPC, the Wisconsin Department of Transportation, Federal Highway Administration.

The consultants and subcontractors will comply with federal regulations for 2 CFR 200 and 23 CFR 450 and 420.

The selected contractor shall comply with all applicable terms and conditions of ECWRPC, the Wisconsin Department of Transportation, Federal Highway Administration.

The consultants and subcontractors will comply with federal regulations for 2 CFR 200 and 23 CFR 450 and 420.

1. 23 CFR 450.308 Funding for transportation planning and unified planning work programs.

a. Funds provided under 23 U.S.C. 104(d), 49 U.S.C. 5305(d), and 49 U.S.C. 5307, are available to MPOs to accomplish activities described in this subpart

2. 23 CFR 450.336 Self-certifications and Federal certifications.

a. For all MPAs, concurrent with the submittal of the entire proposed TIP to the FHWA and the FTA as part of the STIP approval, the State and the MPO shall certify at least every 4 years that the metropolitan transportation planning process is being carried out in accordance with all applicable requirements including:

i. 23 U.S.C. 134, 49 U.S.C. 5303, and this subpart;

ii. In nonattainment and maintenance areas, sections 174 and 176(c) and (d) of the Clean Air Act, as amended (42 U.S.C. 7504, 7506(c) and (d)) and 40 CFR part 93;

iii. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d-1) and 49 CFR part 21;

iv. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national origin, sex, or age in employment or business opportunity;

v. Section 1101(b) of the FAST Act (Pub. L. 114-357) and 49 CFR part 26 regarding the involvement of disadvantaged business enterprises in DOT funded projects;

vi. 23 CFR part 230, regarding the implementation of an equal employment opportunity program on Federal and Federal-aid highway construction contracts;

vii. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.) and 49 CFR parts 27, 37, and 38;

viii. The Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance;

ix. Section 324 of title 23 U.S.C. regarding the prohibition of discrimination based on gender; and

13 RFP: Transportation Technical Assistance Program

x. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27 regarding discrimination against individuals with disabilities.

21. Nondiscrimination & Equal Opportunity As a recipient and sub recipient of state and federal funds, ECWRPC complies with State of Wisconsin and Federal Equal Opportunity Regulations (s, 16.765, Wis. Stats., s.51.01 (5), Wis. Stats.; Section 109 of the Housing and Community Development Act of 1974).

ECWRPC also complies with Title VI of the Civil Rights Act of 1964, and the Civil Restoration Act of 1987 (P.L. 100.259). Any contract resulting from this RFP shall contain provisions referencing ECWRPC’s and the Contractor’s compliance with these regulations. ECWRPC has also complied with Title 15: Commerce and Foreign Trade, Section 24.36€ regarding affirmation steps to encourage small and minority firms, women’s business enterprise and labor surplus area firms to respond to this RFP.

The Commission shall provide a copy of its Affirmative Action Plan and Title VI/Americans with Disabilities Act and Limited English Proficiency Plan to prospective proposers, if requested.

22. Audits

1. The CONSULTANT agrees to comply with audit requirements as specified in 2

CFR Part 200.

2. The CONSULTANT shall ensure audits are properly performed, and furnish the required data collection forms and audit reporting packages to the Federal Audit Clearinghouse (FAC). The CONSULTANT shall upload audit reports into the FAC through the Internet Data Entry System (IDES) at https://harvester.census.gov/fac/collect/ddeindex.html#.

3. The CONSULTANT shall provide any audit with findings related to this award, with copies of the reporting package (including corrective action plans), management letters issued by an auditor, and audit working papers, to the

COMMISSION.

4. The COMMISSION will seek to issue a management decision to the CONSULTANT within six months of receipt of an audit report with findings, and the CONSULTANT shall take timely and corrective action to comply with the management decision.

5. The COMMISSION reserves the right to conduct an independent follow-up audit.

23. National Policy Requirements

1. Debarment and Suspension The CONSULTANT agrees to comply with 2 CFR Parts 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” and 1125, “Department of Defense Nonprocurement Debarment and Suspension.” The CONSULTANT also agrees to communicate the requirement https://harvester.census.gov/fac/collect/ddeindex.html

14 RFP: Transportation Technical Assistance Program to comply with Parts 180 and 1125 to entities and persons at the next lower tier with whom the recipient enters into transactions that are “covered transactions” under Parts 180 and 1125.

2. Drug-Free Workplace The CONSULTANT agrees to comply with Subpart B, “Requirements for Recipients Other Than Individuals,” of 32 CFR Part 26, “Governmentwide Requirements for Drug- Free Workplace (Financial Assistance).”

3. Hatch Act The CONSULTANT is advised that its employees may be subject to the Hatch Act (5 U.S.C. § 1501-1508). If doubt exists in particular cases, the CONSULTANT should seek legal counsel.

4. Universal Identifier Requirements and Central Contractor Registration The CONSULTANT agrees to comply with the requirements of 2 CFR Part 25, as amended, “Universal Identifier and Central Contractor Registration.” The

System for Award Management (SAM) has replaced the CCR system. Any bidder must be registered in SAM.gov prior to responding to this RFP.

5. Trafficking Victims Protection Act of 2000

The CONSULTANT agrees to comply with the requirements of 2 CFR Part 175, “Award Term for Trafficking in Persons.”

6. Reporting Sub-award and Executive Compensation Information

The CONSULTANT agrees to comply with the requirements of 2 CFR Part 170, “Reporting Sub-award and Executive Compensation Information.”

7. Restrictions on Lobbying

The CONSULTANT agrees to comply with the requirements of 31 U.S.C. § 1352, “Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions.” Appropriated funds cannot be used to pay any person to influence or attempt to influence employees of any agency or Congress. Links to the requirements referenced above as well as the full listing of all National Policy Requirements are provided on the FHWA/DOT website at https://highways.dot.gov.

24. Prior Written Approval The purpose of this project is to application materials for, promote, and execute a competitive transportation-based technical assistance project for communities in the Appleton TMA and Oshkosh MPO. Any changes in the project/program described in the application to include those identified below require prior written approval from the COMMISSION in the form of an amendment request:

1. Changes in the specific activities described in the application

2. Changes in key personnel as specified in the application and/or this agreement

3. Changes in the scope of work contained in any solicitation and/or request for

15 RFP: Transportation Technical Assistance Program proposals

4. Need for additional Federal funds

5. Budget reallocations that exceed 10 percent of the total budget among approved direct cost categories or are transferred to new budget line items

6. Changes in indirect cost rates or recertification of expired indirect cost rates during the project period unless otherwise specified in this Program agreement

7. Requests to purchase equipment (including software) with an estimated acquisition cost of more than $5,000

8. Requests to use Federal and/or non-Federal match funds for food and/or beverages in conjunction with meeting costs

25. Separate Bank/Fund Accounts

1. The CONSULTANT is not required to establish a separate bank account but may do so. The CONSULTANT, however, must maintain accounting records to adequately identify the source and application of Program funds. Other considerations, such as Federal Deposit Insurance Corporation coverage, shall be in accordance with the provisions of 2 CFR Part 200.

26. Reimbursement for Travel

1. Reimbursement for travel (transportation, food, and lodging) in the performance of Program activities shall be consistent with those normally allowed in like circumstances in Federally sponsored activities of the CONSULTANT. CONSULTANTs may follow their own established rate but any travel allowance policies in excess of Federal limits must receive prior approval from the COMMISSION.

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