ERP_Needs_Assessment_Consulting_Services.pdf

Greater Dayton Regional

Transit Authority

Request for Proposal

ERP NEEDS ASSESSMENT CONSULTING SERVICES

CONTRACT BID NO. GD 26-25

RELEASE DATE

April 16, 2026

REQUEST FOR PROPOSAL

ERP NEEDS ASSESSMENT CONSULTING SERVICES

RFP No. GD 26-25

TABLE OF CONTENTS

Letter to Proposers Scope of Work & Special Conditions Instructions to Proposers FTA Required Clauses Proposal Evaluation Criteria Proposal Submission

Attachments:

A - RTA General Terms and Conditions

LETTER TO PROPOSERS

RELEASE DATE: Thursday, April 16, 2026

DEAR PROSPECTIVE PROPOSER:

Re: Request for Proposal (RFP)

ERP Needs Assessment Consulting Services

RFP No. GD 26-25

Notice is hereby given that the Greater Dayton Regional Transit Authority (RTA) is requesting proposals for the following procurement. All proposals must be submitted in accordance with requirements set forth in this procurement solicitation, and must be received via OpenGov before 2:00 pm, Dayton (Eastern) time, on Tuesday, May 26, 2026, for the following project:

ERP Needs Assessment Consulting Services

Please view the project timeline and make arrangements to attend the pre-proposal conference, if applicable.

RFP Release Date: April 16, 2026

Final Date for Questions and

Clarifications:

May 14, 2026, 5:00pm

Proposal Due Date: May 26, 2026, 2:00pm

All proposals and related documents shall be subject to a financial assistance contract between the RTA and the United States Department of Transportation under the Urban

Mass Transportation Administration Act of 1964, as amended, terms and conditions established under the Act will apply. All proposers will be required to certify they are not on the U.S. Comptroller General's Consolidated list of ineligible contractors. Manufacturers appearing on said list will be considered ineligible.

RTA hereby notifies all proposers that, in regard to any contract entered into pursuant to this procurement, advertisement or solicitation, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response and will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award.

DBE Participation: It is the policy of the Department of Transportation (DOT) that

DBEs, as defined in 49 CFR, parts 23 and 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. RTA welcomes DBE participation regardless of whether there is a DBE requirement. The DBE requirement for this project is 0%.

Please Note: This procurement package and any addenda are available on OpenGov, https://procurement.opengov.com/portal/greaterdaytonrta. In order to ensure that you receive all updates and addenda, please be sure to follow this project on OpenGov.

Should you have any questions or comments concerning the procurement, please submit through the Q&A Section of the posting on OpenGov prior to the due date and time for Questions and Inquiries.

Sincerely, Noah Greer

Manger of Procurement

SCOPE OF WORK & SPECIAL CONDITIONS

Scope of Work (SOW): Enterprise Resource Planning (ERP) Needs Assessment Consultant

1. Purpose

The purpose of this engagement is to obtain the services of an independent consulting firm. This firm will conduct a comprehensive assessment of the organization’s current enterprise resource planning (ERP) environment, identify gaps and pain points, evaluate business and technical requirements, and recommend whether a new ERP system is needed (Phase One). If a new system is warranted, the consultant will provide recommendations regarding solution options, budget, timeline, assistance in crafting a

Scope of Work for the procurement process, and design an implementation approach

(Phase Two).

2. Background

The Greater Dayton Regional Transit Authority (RTA) operates in Dayton, Ohio.

Servicing all of Montgomery County, with Fixed Route, Paratransit, and On-Demand

Transportation Services, with more than 500 employees helping to provide over 5 million trips per year.

The organization currently uses a mix of legacy and modern applications to manage financials, procurement, projects, HR, operations, and other business functions.

Increasing operational complexity and system limitations have raised questions about whether the current ERP platform continues to meet organizational needs. A structured, independent evaluation is required to determine the optimal path forward.

3. Project Objectives

The awarded consultant will:

https://procurement.opengov.com/portal/greaterdaytonrta

Deliver a clear roadmap with supporting documentation that will guide Senior

Leadership on future procurement decisions for RTA’s ERP Software needs.

4. Scope of Services

Phase One: Current State Assessment

During Phase One, the consultant will conduct a comprehensive assessment of RTA’s existing ERP environment, business processes, and organizational needs, including regulatory requirements. Activities will include a detailed evaluation of current systems, documentation of workflows, identification of issues and gaps, and analysis of cost, policy, and modernization factors.

System Inventory and Architectural Assessment

The consultant will perform a complete review of RTA’s ERP system landscape across all functional areas, including:

• Assessing current applications, modules, integrations, and system architecture.

• Evaluating data quality, reporting capabilities, analytics maturity, and information flow.

Business Process Review and Stakeholder Engagement

The consultant will engage with RTA Staff to understand how ERP systems support day-to-day operations, including:

• Conducting interviews, workshops, and frontline user sessions.

• Developing detailed business process maps that illustrate system usage, functional gaps, and user feedback.

• Identifying pain points, workarounds, inefficiencies, and operational challenges across departments.

Gap, Risk, and Performance Analysis

The consultant will assess the alignment between current systems and business requirements, including:

• Identifying process and system gaps, inefficiencies, and risks through a SWOT-based analysis.

• Evaluating system scalability, stability, reliability, and security posture.

System Cost Assessment

The consultant will analyze the financial implications of the current ERP environment, including:

• Current annual system costs, including workforce costs for system processes

• Five-year and ten-year cost projections for maintaining existing systems.

Policy and Contract Impact Assessment

The consultant will evaluate how regulatory, contractual, and labor considerations influence ERP requirements and costs, including:

• Impacts associated with union requirements/DOL Formula Calculations.

• Relevant local, state, and federal policy considerations.

ERP Market Landscape Review

• The consultant will provide an overview of the current ERP market, including leading platforms, industry trends, cloud adoption patterns, and public entity-specific solution considerations.

Modernization Pathway Identification

• Based on findings, the consultant will outline potential modernization paths, ranging from system optimization to upgrades or full replacement.

Phase One Deliverables

The consultant shall produce the following deliverables for Phase One:

• Two scenario analyses comparing impacts and feasibility: (1) with union-related

Department of Labor (DOL) Calculation requirements and (2) without.

o ROM cost estimates for each scenario.

• Detailed business process maps.

• Recommendations for sequencing, governance, and key decision points to inform Phase Two.

• Prioritized Requirements List aligned with organizational objectives and constraints.

• Analysis of current system capabilities versus system utilization,

• Gap Analysis Report identifying gaps, risks, and impacts.

• A Summary of Findings, which includes but is not limited to the above-listed.

Phase Two – Future State Design & Review

Phase Two will define RTA’s future ERP environment, document detailed requirements, assess solution options, and prepare the organization for procurement and implementation activities. Building on the findings of the current-state assessment, the consultant will develop a clear vision of the future state, evaluate multiple modernization pathways, and provide the foundational materials for informed decision-making.

The consultant will perform the following activities during Phase Two:

Future-State Process and Requirements Definition

• A formal recommendation outlining whether to maintain, enhance, replace, or pursue a hybrid ERP approach.

• Develop high-level future state business process designs that reflect optimized workflows and best practices.

• Facilitate cross-functional requirements workshops and interviews with business and technical stakeholders.

• Identify functional, technical, compliance, reporting, integration, and data requirements.

• Prioritize requirements using a structured framework to categorize “must-have,”

“should-have,” and “future” needs.

• Produce detailed functional and technical requirements documentation for use in future procurement.

Vendor/Product Capability Review (Non-Selective)

• Evaluate NEORide’s ERP offering to determine its applicability, benefits, risks, and impact on the future state vision.

• Conduct a high-level review of major ERP platforms to assess their general capability alignment with RTA’s requirements.

Integration and Data Strategy

• Identify high-level integration needs across systems.

• Develop a conceptual data strategy, including data architecture considerations, data governance implications, and preliminary data migration needs.

Gap Analysis and Options Evaluation

• Compare current state capabilities against documented requirements to identify functional and technical gaps.

• Quantify the business, operational, and financial impacts of those gaps.

• Evaluate multiple solution pathways, possibly including:

o Optimization/enhancement of the current ERP system o Upgrade or modernization of the existing ERP platform o Replacement with a new ERP solution

• Provide a structured analysis of each pathway, including pros, cons, risks, dependencies, and high-level resource requirements.

Implementation Approach and Procurement Readiness

• Develop draft procurement documentation, including SOW language aligned to the future-state requirements.

• Define the recommended implementation approach, sequencing, and major milestones.

• Identify organizational readiness considerations, including governance, staffing impacts, and change management needs.

Phase Two Deliverables

The consultant will deliver the following as part of Phase Two:

• Requirements Matrix capturing detailed functional and technical requirements.

• Options Evaluation Matrix comparing optimization, upgrade, and replacement paths.

• Refined Cost Estimates for the following:

o Enhancing and optimizing the current ERP environment, including any required upgrades and process improvements.

o Full and hybrid ERP system replacement, including software, implementation, training, and ongoing support.

o Comparative total cost of ownership (TCO) analysis across enhancement, replacement, and hybrid scenarios over five- and seven-year horizons.

o Identification of assumptions and potential cost risks associated with each scenario.

o Implementation effect scenarios for Union Contract Department of Labor

(DOL) Formula Calculations.

• Validated Scope Boundaries and Recommended Implementation Approach.

• Preliminary Roadmap outlining phased implementation, major milestones, and sequencing guidance

• ERP Strategy Report summarizing the recommended path, rationale, costs, and strategic considerations.

• Senior Leadership Presentation highlighting key findings and the recommended direction.

5. Project Management and Timeline Requirements

The selected consultant shall be responsible for effective project management and timely delivery of all engagement activities. At a minimum, the consultant will:

Conduct a Project Kickoff Meeting

• Schedule and facilitate a kickoff meeting with the ERP Committee and key stakeholders within two (2) weeks of the Notice to Proceed (NTP).

Assign a Dedicated Project Manager

• Provide a qualified project manager who will serve as the primary point of contact for all communications, coordination, and issue resolution. The project manager shall be identified and introduced during the kickoff meeting.

Develop and Maintain a Comprehensive Project Schedule

• Prepare a detailed project workplan outlining tasks, milestones, dependencies, and resource assignments. The schedule must be actively maintained throughout the engagement. The contractor's schedule must be submitted with the required

RFP Documents.

Provide Regular Status Reporting

• Submit biweekly status updates summarizing progress, risks, issues, decisions required, and any deviations from the project plan.

Facilitate Stakeholder Engagement Activities

• Lead required workshops, interviews, and review sessions with functional and technical stakeholders. These activities shall begin no later than ninety (90) days after NTP.

7. Consultant Qualifications

Responding firms must demonstrate the expertise, capacity, and methodology necessary to perform a successful ERP needs assessment for a public agency. At a minimum, the consultant shall possess:

Demonstrated ERP Assessment Expertise

• Proven experience conducting ERP needs assessments, strategy development, and system evaluations for public sector or similarly complex organizations.

Knowledge of Leading ERP Platforms

• Hands-on familiarity with major ERP solutions relevant to government operations

(e.g., Oracle, SAP, Workday, Microsoft Dynamics, Infor), including both cloud and on-premises models.

Government Experience

• Documented experience working with public agencies or comparable government entities, including an understanding of regulatory, financial, union, and grant-funded environments.

Skilled, Qualified Project Team

• A multidisciplinary firm with strong credentials in business process analysis, organizational assessments, financial and HR systems, IT architecture, and change management. A dedicated Project Manager is required.

Proven Methodology and Tools

• A structured, repeatable approach to ERP assessment, supported by templates, process mapping tools, requirements frameworks, and risk analysis methods.

Strong Facilitation and Communication Skills

• Demonstrated ability to engage diverse stakeholder groups, facilitate workshops, synthesize feedback, and produce clear, concise documentation suitable for senior leadership.

Independence and Objectivity

• The consultant must be free of conflicts of interest and able to provide unbiased analysis without preference for any ERP vendor or platform.

8. RTA Data Access, System Access, and Agency Support

To ensure an efficient and accurate assessment, RTA will provide the consultant with appropriate access to personnel, systems, and information resources necessary to perform the engagement. All access will be granted in accordance with established scheduling protocols, confidentiality requirements, and security controls. At a minimum, RTA will provide:

Access to Key Users and Subject Matter Experts (SMEs)

• Availability of employees across Finance, Procurement, Human

Resources/Payroll, Operations, Grants/Project Management, and Information

Technology for interviews, workshops, process walk-throughs, system demonstrations, and validation sessions.

System Demonstrations and Read-Only System Access

• Demonstrations of current ERP modules and related applications, including read-only or sandbox access where feasible, to allow the consultant to observe configurations, workflows, and functional capabilities without compromising system integrity.

Representative Data Extracts and Documentation

• Access to relevant datasets, reports, interface and integration inventories, and system configuration documentation needed to assess data quality, reporting structures, and system interdependencies. Sensitive data may be redacted as required by internal policies.

Existing Process, Organizational, and Policy Documentation

• Copies of current process maps, standard operating procedures, organizational charts, union agreements, procurement policies, finance and HR procedures, and other materials that support an understanding of the current business environment.

RTA Project Governance Support

• Designation of an RTA Project Manager to facilitate scheduling, coordinate participation across departments, provide timely decisions, and support the resolution of issues or questions throughout the assessment.

• Respondents shall clearly identify in their proposals any additional data, system access, tools, or stakeholder involvement they require to complete the scope of work.

RTA will evaluate these needs during contract negotiations to ensure feasibility and alignment with agency security protocols.

9. Confidentiality, Security, and Data Protection

The consultant shall protect all RTA data, systems, and sensitive information throughout the duration of the engagement and comply with all applicable federal, state, and local regulations governing confidentiality and data security. At a minimum, the consultant must:

Execute a Non-Disclosure Agreement (NDA)

• An NDA will be required prior to accessing any RTA information, systems, or stakeholders.

Adhere to Least Privilege Access Principles

• Access shall be limited strictly to the individuals and systems necessary to complete the defined scope, with no elevation of access privileges unless explicitly authorized in writing.

Use Secure Transmission and Storage Practices

• All RTA information must be transmitted and stored using secure, encrypted methods consistent with industry best practices (e.g., encrypted email, secure file share platforms, MFA). Consultants may not store data on unencrypted devices or personal equipment.

Protect Against Data Loss or Unauthorized Disclosure

• The consultant shall implement safeguards to prevent unauthorized access, copying, distribution, or alteration of RTA data. Information may not be transferred to third parties unless pre-approved by RTA.

Prohibit Unauthorized Data Retention

• Data may not be copied, downloaded, or removed from RTA premises or systems except as explicitly necessary for project deliverables and approved by

RTA. All temporary work files must be securely maintained.

Report Security Incidents Immediately

• The consultant must notify RTA of any suspected breach, loss, compromise, or unauthorized access to RTA information within 24 hours, or sooner if required by law.

Return or Destroy Data Upon Completion

• All RTA data, documents, extracts, notes, and related materials must be returned to RTA or securely destroyed at the conclusion of the engagement. The consultant may not retain any copies unless otherwise required by law and approved in writing.

RTA reserves the right to audit or request documentation of the consultant’s data-handling procedures to ensure compliance with agency security requirements.

Respondents' RFP submitted documentation at a minimum should include:

Executive Summary

The purpose of the Executive Summary is to provide a brief description of the proposal to the Selection Committee members.

Background and Experience

This section should include a description of the firm’s background, experience, and prior work in the related field.

Personnel

This section will address the training requirements, certifications, educational requirements, and prior work experience of the key personnel who will be assigned to

RTA’s account if you are awarded the contract. In addition, please identify one project

PM.

Scope of Work Requirements

This section should provide proof and descriptions of how your organization can meet each requirement detailed in the scope of work.

Project Schedule and Staffing

This section shall describe the firm’s proposed schedule for completing the scope of work. The schedule should be presented as a phased timeline that clearly identifies each major task or project phase, the anticipated number of staff assigned to each phase, and the projected start and completion dates, expressed in months and years.

The timeline should demonstrate the firm’s ability to complete the work efficiently and within the proposed schedule.

References

Provide the names, addresses, telephone numbers, facsimile numbers, and email addresses, and a point of contact for three (3) public entities for which you have provided similar services.

Cost and Pricing

This section shall contain cost and pricing information.

1. Fixed-fee hourly estimates of staff differentiated by staff title and or experience level.

2. A detailed breakdown of anticipated costs by project phase, including hourly rates, estimated hours, and total costs for each staff member or role identified in

Section #1 of this segment

3. List of potential optional services

4. List of anticipated expenses (Travel/ anticipated third-party costs (e.g., tools, licenses)

Contract Terms (Requirements Contract)

1. Contract Pricing

This is a fixed price contract. All rates and fees submitted and accepted are firm for the duration of the contract. Contractors may not change or negotiate hourly rates after award. Except as provided in this contract, no special fees or expenses shall be charged directly to the RTA.

2. Contract Duration

The duration or term of this contract shall be for six (6) months. RTA reserves the right to award this contract to one or more contractors.

The Greater Dayton Regional Transit Authority may extend the term of this contract by written notice to the Contractor within 30 days, provided that the RTA shall give the

Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the RTA to an extension. If the

RTA exercises this option, the extended contract shall be considered to include this option provision. The total duration of this contract, including the exercise of any options under this clause, shall not exceed six (6) months.

3. Quantity and Delivery Requirements

Services shall be provided as required by RTA. Awarded vendors responsible for meeting all requirements for the awarded items over the contract period. No guarantee is made or implied as to the minimum number of hours to be worked for the duration of the contract.

INSTRUCTIONS TO PROPOSERS

Greater Dayton RTA Background

History

RTA is an independent political subdivision of the State of Ohio organized pursuant to

Ohio Revised Code Section 306.30 through 306.71, inclusive, as amended.

The RTA was created on September 6, 1971, pursuant to the Revised Code, by ordinances of the Councils of the City of Dayton and the City of Oakwood. After completing the purchase of the assets of City Transit, the major privately owned public transportation system in the area, the RTA became operational on November 5, 1972. In

September 1980, after the approval in the preceding April by the voters of the County of a one-half percent sales and use tax of unlimited duration for all purposes of the RTA, the boundaries of the RTA were extended to be co-extensive with the boundaries of

Montgomery County and parts of Greene County.

Governing Body

All power and authority of the RTA is vested in and exercised by its nine (9) member

Board of Trustees.

Proposal Submission Instructions

The Greater Dayton Regional Transit Authority, hereinafter called "RTA", requests bids for ERP Needs Assessment Consulting Services, hereinafter called "above-named project" or by the specific project name, under the following requirements and conditions, which shall be considered an essential part of the contract documents.

1. Submission and Modification

Submissions are due electronically by 2:00 pm, Dayton (Eastern) time on Tuesday, May

26, 2026, through OpenGov. Any submission received after the exact date and time specified will not be considered.

Submissions may be modified online through OpenGov prior to the due date and time by unsubmitting a bid or proposal and making modifications and then re-submitting.

In addition, any costs incurred while preparing a bid or proposal submission, including site visits, will not be reimbursed by RTA.

2. Requests for Clarification

All requests for clarifications or changes must be submitted through the Q&A Section of the project on OpenGov prior to the stated due time and date.

Any new or relevant information given to any one contractor will be furnished to all contractors as addenda to this procurement.

3. Proposal Evaluation

RTA reserves the right to reject any or all Proposals. Issuance of this solicitation does not bind RTA to award a contract, nor does RTA in any way assume liability for expense incurred by Proposer in preparation of its Proposal. This RFP and the resulting

Proposals shall be used as the basis for contract negotiation.

During the evaluation, negotiation and selection process, evaluation committee members may not disclose any information regarding the procurement. Except for the identity and background of the successful proposer and the contract price, all information provided by proposers remains confidential after the conclusion of the process, to the extent permitted by law.

4. Contract Award

The RTA reserves the right to postpone, accept or reject any proposal, to waive any informalities in the proposals received, and to award the contract(s) to the best responsive and responsible proposer. In awarding a contract(s), the RTA reserves the right to consider all elements entering the determination of the responsibility of the proposer. Any proposal that is incomplete, conditional, obscure, or contains additions not called for or irregularities of any kind, may be cause for rejection of the proposal.

Contract(s) for the purchase of goods and/or services may be awarded within 90 calendar days from the date upon which proposals were received to the best proposer(s) the RTA deems responsive and responsible.

In the event a single proposal is received, the RTA will conduct a price and/or cost analysis of the proposal. A price analysis is the process of examining and evaluating a price submitted without examining in detail the separate cost elements and the profit included in the cost proposal. It should be recognized that a price analysis through comparison to other similar procurements must be based upon an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity and involving similar specifications. Where a difference exists, a detailed analysis must be made of this difference and the costs associated thereto. RTA has the right to enter into a negotiated procurement should only a single proposal be received.

Where a valid price analysis is impossible to obtain, the RTA may need to conduct a cost analysis of the proposal price. Competent and experienced auditors or price analysts shall make the price and/or cost analysis an engineer's estimate or comparison of the prices involved is insufficient.

5. Funding

The proposed contract shall be funded in part from the Federal Transit Administration

(FTA) and the Ohio Department of Transportation (ODOT). Each vendor shall examine all contract documents noting particularly all requirements, which will affect the contractor's work.

6. Specified Material and "Approved Equals"

1. Contractors shall furnish with their submission, as an integral part thereof, complete descriptions and specifications of the product they propose to furnish.

When the descriptions and specifications of the product meet the description and specifications provided in the solicitation document, no additional submission is required.

2. Where brand names or specific items or processes are used in the specifications, consider the term "or approved equal" to follow. However, a request for approval for any proposed substitution as an equal must be submitted in writing.

3. For all items listed and which are described or defined by dimensions or another measure of physical characteristics or performance, it is understood that such information indicates the character of the required items and so strict interpretations with respect to nonessential details shall not be made as to limit competition among manufacturers of substantially equivalent items.

A. Whenever this specification defines the material or article required by using a proprietary product or of a manufacturer or vendor, rather than by using descriptive detail of substance and function, the term "or equal" always is understood to follow immediately the name of the make, vendor or proprietary product. An item of material shall be considered equal to the item so named in the specifications if: (1) it is at least equal in quality, durability, appearance, strength, and design; (2) it will perform at least equally the function imposed by the general design for the material or equipment being purchased; and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in this specification.

B. Whenever in this specification the names of one or more manufacturers are mentioned as indicating that their product will comply with a particular specification or where specific trade names are mentioned, it is not intended to exclude products of other manufacturers whose names or symbols have not been provided, only however, that such products conform to the detailed requirements for the item as indicated in the specifications.

4. Bidders and Proposers shall be responsible for providing the RTA with information in the latest applicable revision of any part or process specifically called for in the specifications for consideration.

5. Only standard parts of units that conform in material, design, and workmanship to the best procedure known in the industry shall be used. No reconditioned or obsolete parts shall be used. All parts shall be identical and interchangeable in its class. All manufactured articles, material, and equipment shall be applied, installed, connected, erected, used, cleaned, adjusted and conditioned as directed by the manufacturer unless herein specified to the contrary.

7. Requesting an Approved Equal

To request an approved equal, contact Noah Greer at ngreer@greaterdaytonrta.org prior to the final date for questions and clarifications which is Thursday, May 14, 2026.

Any request for approved equal must include a formal product sheet that lists all relevant specifications that are included in the scope of work of this project. If there are required specifications that are not addressed or the proposed equal has insufficient specifications, the proposed equal will not be approved.

8. Protest Procedures

RTA will hear and consider a sustainable protest regarding its procurement actions in accordance with the below procedures. Due to the significantly limited role of FTA in protests, it is anticipated that the majority of all protests will be evaluated, and the final decision rendered by RTA. RTA intends to provide a thorough review of all sustainable protests. The RTA's primary concern is the timely procurement of needed capital equipment, supplies, or services. Therefore, it does not intend to allow the filing of bid or proposal protests to unnecessarily delay the procurement process.

DEFINITIONS

1. Protest: A protest is a written objection by a potentially interested party to a solicitation or award of a contract over the small purchase threshold. An interested party must be an actual or prospective bidder or proposer whose direct economic interest would be affected by the award or failure to award the applicable contract in accordance with FTA Circular 4220.1.

2. Pre-Submission: A written objection is made during the solicitation phase and is received before the bid opening or proposal due date.

3. Pre-Award: A written objection is made before an award and is received after the bid opening or proposal due date, but before award of the contract.

4. Post-Award: A written objection made by an unsuccessful offeror and received after the Board approves award of the contract.

SUBMITTAL PROCESS

1. Before Protest

The contractor should contact or make an appointment with the solicitation’s procurement representative to resolve any issues.

2. Filing a Protest

Protests may be filed during the following:

A. Solicitation phase must be submitted no later than five (5) business days before the closing of said solicitation. If the protester fails to meet this deadline, protests based on those solicitation issues may not be allowed.

B. Pre-award must be received no later than five (5) business days after the bid opening or proposal due date.

C. Post-award must be received at least five (5) business days after the Board approves contract award.

3. Protest Submittals

Protest shall include, at a minimum:

A. The name and address of the protesting party and its relationship to the procurement are sufficient to establish that an interested party is filing the protest.

B. Identity of the contact person for the protester, including name, title, address, telephone, fax, and e-mail addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party.

C. The name and number of the solicitation or contract.

D. A description of the nature of the protest, referencing the portion(s) of the solicitation involved.

E. Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based.

F. A complete discussion of the basis for the protest, including all supporting facts, documents, or data.

G. A statement of the specific relief requested.

H. State if an informal conference is wanted to discuss the protest with RTA.

I. Submit the protest in writing by certified mail or another delivery method by which receipt can be verified and address it to:

Director of Procurement

Greater Dayton Regional Transit Authority

4 S. Main StreetDayton, OH 45402

4. Protest Determination

A. Director of Procurement or designee will review the protest submittal to determine if sustainable.

B. If not sustainable, the protester will be notified in writing within ten (10) business days of receipt of the protest.

C. If sustainable and an informal conference is requested, the protester will be notified in writing of the location and time within three (3) business days of such notice.

D. A decision will be made in writing and sent to the protester within ten (10) business days after receipt of the protest. Such a decision is final.

5. Request for Reconsideration

A. The protester shall deliver the request to the Chief Executive Officer (CEO) with a copy to the Director of Procurement within five (5) business days of receipt of the initial decision. The request shall state the reason(s) why the decision should be reconsidered and any information to support such a position.

B. The CEO shall review and decide on the request for reconsideration and issue a written decision to the protester within ten (10) business days of receipt of the request. Such a decision is final.

9. Confidentiality of Proposals

The RTA will be exempt from disclosure of proprietary information, trade secrets, and confidential commercial and financial information submitted. Any such proprietary information or confidential commercial or financial information that the contractor believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket type identification by designating whole pages or sections as containing proprietary information, trade secrets, or confidential commercial or financial information will not assure confidentiality. The specific proprietary information, trade secrets, or confidential commercial and financial information must be clearly identified as such.

10. Trade Secret Notification

Under Ohio Law, a bid or proposal document may be a public record unless it meets an exception under the Public Records Law. One such exception is trade secrets and are treated with confidentiality. However, the contractor must notify the RTA in all of their submitted documents as to which portions of their submission constitute trade secrets and are to be treated as confidential. It is the responsibility of the submitting party to mark those parts of the submission which you wish to have treated as confidential.

While this does not assure that these portions of the document will constitute a trade secret and be exempt from public records requests under Ohio Law, in the absence of notice from you to us that those documents are to be treated as trade secrets and to be held confidential, they will be made available to the public upon a public records request unless another exception applies to exempt them from disclosure.

Terms & Conditions

The Greater Dayton RTA's General Terms and Conditions are attached to this solicitation in Attachments A.

FTA REQUIRED CLAUSES

Contractor shall comply with the following Federal Transit Administration (FTA) requirements. For purposes of these clauses, the RTA is the FTA recipient that is entering the Contract with the Contractor.

No Federal Government Obligation to Third Parties

The RTA and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this 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 RTA, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

Incorporation of FTA Terms

The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, 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 the contract.

Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the RTA that would cause the RTA to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.

Program Fraud & False Statements or Related Acts

Contractor 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 CFR part 31, apply to its actions pertaining to this Project.

Upon execution of the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the Contract or the FTA-assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Contractor 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 Contractor to the extent the Federal Government deems appropriate.

Contractor 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. chapter

53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and

49 U.S.C. § 5323(l) on Contractor, to the extent the Federal Government deems appropriate.

Contractor shall include the above two paragraphs 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.

Access To Records, Reports, & Sites

Record Retention. Contractor shall retain and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.

Retention Period. Contractor shall comply with the record retention requirements in accordance with 2 CFR § 200.333. Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at least three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

Access to Records. Contractor shall provide sufficient access to the U.S. Secretary of

Transportation, the Comptroller General of the United States, FTA, the RTA, and their duly authorized representatives to inspect and audit records and information related to performance of this contract as reasonably may be required.

Access to the Sites of Performance. Contractor shall permit FTA, the RTA, and their duly authorized representatives' access to the sites of performance under this Contract as reasonably may be required.

Federal Changes

Contractor shall at all times comply with all applicable federal laws, regulations, requirements, policies, procedures, guidance, and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the RTA and the FTA, as they may be amended or promulgated from time to time during the term of the Contract. Contractor’s failure to so comply shall constitute a material breach of the

Contract.

Civil Rights

Contractor must prohibit: (a) discrimination based on race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age; (b) exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332; (c) denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; and (d) discrimination identified in

49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.

Contractor must follow the most recent edition of FTA Circular 4702.1, “Title VI

Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.

However, FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its agreement supported with federal assistance under the Tribal Transit Program.

Contractor must comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42

U.S.C. § 2000d, et seq.; (b) U.S. DOT regulations, “Nondiscrimination in Federally-

Assisted Programs of the Department of Transportation – Effectuation of Title VI of the

Civil Rights Act of 1964,” 49 CFR Part 21; and (c) Federal transit law, specifically 49

U.S.C. § 5332; and

Contractor must follow: (a) the most recent edition of FTA Circular 4702.1, “Title VI

Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance;

(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28

C.F.R. § 50.3; and (c) all other applicable federal guidance that may be issued.

Equal Employment Opportunity

1. Federal Requirements and Guidance. Contractor must prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must also comply with: (a) Title VII of the Civil Rights Act of

1964, as amended, 42 U.S.C. § 2000e, et seq.; (b) Title I of the Americans with

Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (c) Executive

Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42

U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (d) federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master

Agreement; and (e) FTA Circular 4704.1 “Equal Employment Opportunity (EEO)

Requirements and Guidelines for Federal Transit Administration Recipients.”

Further, Contractor must follow other federal guidance pertaining to EEO laws, regulations, and requirements.

2. Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), Contractor must take affirmative action that includes but is not limited to: (a) recruitment advertising, recruitment, and employment; (b) rates of pay and other forms of compensation; (c) selection for training, including apprenticeship, and upgrading;

and (d) transfers, demotions, layoffs, and terminations.

3. Indian Tribe. Contractor recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”

Free Speech & Religious Liberty

All Federal funding must be expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, and the environment.

Disadvantaged Business Enterprises Requirements

It is the policy of the RTA and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the

Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the RTA deems appropriate, which may include, but is not limited to:

• Withholding monthly progress payments;

• Assessing sanctions;

• Liquidated damages; and/or

• Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. §

26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the RTA makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the RTA’s written consent; and that, unless the RTA’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49

C.F.R. § 26.53(f) (1).

Prompt Payment

The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.

The contractor must promptly notify the RTA, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of RTA.

Energy Conservation

Contractor shall comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §§ 6321 et seq.).

Safe Operations of Motor Vehicles

Seat Belt Use. Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated vehicles. The terms

“company-owned” and “company-leased” refer to vehicles owned or leased either by

Contractor or RTA.

Distracted Driving. Contractor shall adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this

Contract.

Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in

Federal Acquisition Regulation 2.101 on the date of subcontract award.

Contractor Policies To Ban Text Messaging While Driving

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