ESBD_File_341323_23-Transit-R-0085 RFP Scheduling and Dispatch Services UPDATED.pdf

Concho Valley Council of Governments 5430 Link Rd. San Angelo, TX 76904

325-944-9666 | www.cvcog.org

REQUEST FOR PROPOSALS (RFP)

FOR

Transit Scheduling and Dispatch Software CVCOG Program: Concho Valley Transit

Solicitation Number: 23-Transit-R-0085

PROCUREMENT CONTACTS

PRIMARY SECONDARY

Crystal Garcia Jaylon Seales

Procurement Lead Contract & Open Records Manager crystal.garcia@cvcog.org Jaylon.seales@cvcog.org

(325)944-9666 Ext. 227 (325)944-9666 Ext. 282

SOLICITATION TIMELINE

EVENT DATE

CVCOG Date of Solicitation Issuance: November 2nd, 2023

Pre-Submission Conference: November 17th, 2023 10:00AM

Due Date for Written Questions: November 21st, 2023 5:00PM

Anticipated Posting of Agency’s Written Answers November 28th – November 29th, 2023

Deadline for Submission of Proposals: December 15th, 2023 4:30PM

CVCOG Admin Review & Evaluation of Proposals: December 18th – December 21st, 2023

CVCOG Notice of Intent to Award: January 2nd, 2024

Board Review and Decision Date: January 10th, 2024

Staff Training/Implementation Period (if applicable): January 2024 – February 2024

Anticipated Commencement of Services: March 1st, 2024

Submission Format: Two (2) printed copies and one (1) combined PDF copy on a USB flash drive.

http://www.cvcog.org/

pg. 2

SIGNATURE PAGE

Submission of a response will constitute acknowledgement and acceptance of all the terms and conditions contained in this Solicitation. Respondents, their authorized representative, and their agents are responsible for obtaining, and will be deemed to have, full knowledge of the conditions, requirements, and specifications of this Solicitation at the time a response is submitted to Concho Valley Council of Governments.

Submission must be signed by a duly authorized representative(s) of the respondent, which must be the actual legal entity that will perform the contract if awarded and any total fixed price contained therein will remain firm for a period of sixty (60) days following the submission due date and can be further extended by mutual written agreement.

Respondent is REQUIRED to sign this Signature Page and return with the submitted response. An unsigned Submission will be deemed non-responsive.

Legal Name of Entity/Individual:

Doing Business As (DBA) Name:

Company Mailing and Billing Address (if different from company address):

City, State, Zip Code:

Tax ID Number (EIN):

DUNS Number (if applicable):

Unique Entity ID (SAM.gov) REQUIRED (See pg. 11)

Contact Person: Phone Number:

Email Address:

Authorized Signature personnel authorized to bind Respondent company to any contract/purchase order that may result from this Solicitation

Authorized Signature: Date:

Printed Name: Title:

Email Address:

All clarifications to this Solicitation will be in writing and identified as a Letter of Clarification. Verbal communications and other written documents intended to clarify and interpret will not legally bind the Concho Valley Council of Governments. Only information supplied by a written addenda and posted to the CVCOG website should be used in preparing submissions. Any addenda will be posted on the CVCOG website http://www.cvcog.org/cvcog/solicitations_procurement.html as soon as available.

CVCOG does not assume responsibility for the receipt of any addenda by Respondent(s). Respondents must frequently check the CVCOG website for updates.

http://www.cvcog.org/cvcog/solicitations_procurement.html

pg. 3

1. AGENCY INFORMATION AND INTRODUCTION

1.1. Agency Information

The Concho Valley Council of Governments, hereinafter referred to as “CVCOG”, is a voluntary organization of local governments organized in 1967 under authority granted by the Texas Legislature in 1965 (Chapter 391, Local Government Code). Under provisions of the law, Councils of Governments are political subdivisions of the state, but they are not governments because they have no authority to make laws, levy taxes, or exercise police powers. Councils of Governments are specifically authorized to:

• conduct planning

• assist local governments in implementing plans

• provide technical assistance, grant writing and grant administration services

• contract with local, state and federal governments and other public and private agencies

• review and comment on applications for federal and state grants-in-aid and solid waste permits

• assist local governments in solving governmental problems

The Concho Valley Council of Governments is one of 24 regional councils in Texas. The geographic boundaries of the councils must coincide with the state’s planning regions as designated by the Governor.

Membership in Texas’ Councils of Governments includes almost 2,000 local governments and all of the state’s 254 counties.

Policy decisions for the Council are made by its Executive Committee composed of a representative chosen by the local government members of each county, a member of the board of the largest school district, a member representing the region’s largest city, and two members of the Texas legislature whose districts lie partially or wholly within the region.

One of the main goals of CVCOG is to foster a cooperative effort in resolving problems, policies, and plans that are common and regional. Included in CVCOG are the following programs:

• 2-1-1 Texas

• Aging and Disability Resource Center

• Area Agency on Aging

• Concho Valley Council of Governments Administration

• Concho Valley Transit District

• Criminal Justice

• Concho Valley Economic Development District

• Foster Grandparents

• Head Start and Early Head Start

• Homeland Security

• Concho Valley Regional Law Enforcement Academy

• Regional 9-1-1

• Regional Services

• RSVP

• Senior Companion

• Solid Waste

• VISTA

pg. 4

2. CONTRACTOR REQUIREMENTS: SCOPE OF WORK

2.1. Summary Statement

Concho Valley Council of Governments (CVCOG) is issuing this Request for Proposals (RFP) in order to procure the goods and/or services defined in Section 2, as specified in this RFP, from a contract between the successful proposer(s) and the CVCOG. Concho Valley Transit District is seeking responses from qualified and experienced contractors for this RFP to provide up to date transit scheduling software in order to better streamline scheduling dispatch processes and procedures.

A Proposer, either directly or through its subcontractor(s), must be able to provide all goods and/or services and meet all of the requirements requested in this solicitation and the successful Proposer (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.2. Scope of Project

The system provided by the awarded contractor should include rural, urban, and paratransit public transportation trip reservations, scheduling and dispatching, and reporting capabilities.

The system should provide, also as a minimum, the ability to reduce paperwork (trip manifest, no-show/cancel reports), minimize duplication of data entry, visibility of vehicle locations (AVL/GPS), trip status, the ability to integrate to contractor and other entities, and compliance with all Americans with Disabilities Act regulations and all other regulations for other funding sources.

2.3. Specifications for Scheduling and Dispatch Software System

• Ability to accept and process client payments

• Ability for clients to download mobile application for software

• Data Maintenance and Recovery o Daily System Backups o Privacy-Compliant Data Security Features

• Client Database

• Client Database Functionality o Customer Look-Up o New Client Entry/Customer Edits

• Trip Reservations

• Scheduling o System shall have capability to perform fully automated scheduling, either in batch mode or in the scheduling of individual trips. The system shall provide dispatchers with web-based tools to proactively manage on time performance, no-shows, cancellations, subscriptions, and late trips.

Automated Batch Scheduling Subscription Trips Unscheduled Trips Same Day Trip Orders Commingling of Services Real-Time Trip Notifications and Vehicle ETA

• Schedule

pg. 5 o Service Zones o Passenger Notifications

• Dispatching o Access to Dispatch Information o Vehicle Assignment/Management o Same Day Reservation Changes/Add-Ons o Live Map

2.4. System and Technical Components

• Web Interface

• System Parameters

• Report o Standard Reports

• Hardware System must be offeror or third-party hosted and may not require hardware or software installation on Concho Valley Transit servers.

• Mobile Data Terminals/AVL Functionality Concho Valley Transit is currently utilizing Samsung Galaxy S4 tablets. Proposed systems must be compatible with existing tablets.

• Products Offered o Use of Existing Market Products

Concho Valley Transit will not purchase products that represent beta versions or products that have not been installed in other operating environments in other transit system in the United States.

o Current Version

• Technical o Technical Support

Concho Valley Transit requires that the offeror includes full technical support as part of its proposal. This technical support shall include, but not necessarily be limited to:

Phone, email, and live chat support with service technician/engineer 24 hours a day.

Should an issue require escalation, an account manager will be available for questions and assistance.

Provision of diagnostics/repairs via remote control access to system hardware/software.

Product upgrades, new releases, patches, etc. when issued by the offeror throughout the duration of the contract. The product upgrades, new releases, patches, etc. for year 1 must be included in the offeror’s base proposal. The product upgrades, new releases, patches, etc. for years 2 through 5 should be included as alternates in the proposal.

Concho Valley Transit shall be given access rights to web-based program of support upon contract signing.

If the offeror includes training classes, refresher courses, or sponsors organized user group meetings, such support shall be listed in the offeror’s proposal.

o Importing and Exporting o Reporting and Analytics

pg. 6

Training o General Offeror shall be required to train staff members to proficiency on all software products provided.

On-site training o Manuals and Documentation Offeror shall provide electronic copies of the software manuals for each product offered as part of this procurement.

2.5. Inspection and Acceptance

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Concho Valley Council of Governments (CVCOG) reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The CVCOG may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. The CVCOG must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

2.6. Delivery Information

All staff training and scheduling software shall be completed and implemented for full use by March 1st, 2024.

2.7. Requirements Applicable to Physical Goods.

In the case of physical goods (e.g., equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:

a) Be new, unused, and not refurbished.

b) Not be a prototype as the general design, operation and performance. This requirement is

NOT meant to preclude Respondent from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.

c) Include all accessories which may or may not be specifically mentioned in the Solicitation, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories must be assembled, installed and adjusted to allow continuous operation of Product at time of delivery.

d) Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any Customer.

e) Be designed and constructed using current industry accepted engineering and safety practices, and materials.

f) Be available for inspection at any time prior to or after procurement.

2.8. Payment Terms and Invoicing.

2.8.1. General.

pg. 7

The Contractor shall submit invoices to 5430 Link Rd. San Angelo, TX 76904 OR electronic invoice to procurement-dept@cvcog.org.

An invoice must include:

a. Name and address of the Contractor;

b. Invoice date;

c. Invoice Number;

d. Agreement number, contract line-item number and, if applicable, the order number;

e. Description, quantity, unit of measure, unit price and extended price of the items delivered;

f. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

g. Terms of any prompt payment discount offered;

h. Name and address of official to whom payment is to be sent; and

i. Name, title, and phone number of person to be notified in event of defective invoice.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903).

Payment shall be made for items accepted by CVCOG that have been delivered to the delivery destinations set forth in this agreement. CVCOG will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903). In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

2.8.2. Invoice Submission Schedule.

The Contractor shall submit invoices in accordance with the following schedule:

a. For items of work for which there is one-time pricing, those items shall be billed in the month following the acceptance of the work by CVCOG.

b. For items of work for which there is annual pricing, those items shall be billed on an annual basis for the applicable Contract year.

2.8.3. Travel Reimbursement.

a. There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-Routine Travel without prior approval from CVCOG.

b. Routine Travel is defined as travel within a 50-mile radius of CVCOG’s base location, as identified in the RFP, or the Contractor’s facility, whichever is closer to mailto:procurement-dept@cvcog.org

pg. 8 the consulting site. There will be no payment for labor hours for travel time or reimbursement for any travel expenses for work performed within these radiuses or at the Contractor’s facility.

3. GENERAL CLAUSES AND INFORMATION

3.1. CVCOG Terms & Conditions.

Proposer, by submitting a proposal, or delivering the supplies or performing the services identified herein, agrees to comply with all the CVCOG Terms and Conditions and all specifications and other documents that this Solicitation incorporates by reference or attachment.

Concho Valley Council of Governments Terms & Conditions can be located here:

https://www.cvcog.org/cvcog/docs/Procurement/CVCOG%20Terms%20&%20Conditions%20R ev%20July%202023.pdf

Exceptions to the CVCOG Terms & Conditions are not permitted. These Terms & Conditions will be included in the resulting Contract with the selected Proposer.

3.2. Geographic Preference.

This Procurement shall be conducted in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in evaluation or award of bids or proposals, except where applicable Federal statutes expressly mandate or encourage geographic preference such as A/E contracts under certain circumstances.

3.3. Solicitation Cancellation, Postponement, and Changes to Solicitation.

3.3.1. Solicitation Cancellation.

CVCOG reserves the right to modify, cancel, or withdraw in part or in its entirety the RFP.

The reason for cancellation will be supported, at a minimum, by the agency’s reasoned judgment based on evidence or facts contained in the administrative record.

In accordance with FAR 15.206 (e), if, in the judgment of the contracting officer, based on market research or otherwise, an amendment proposed for issuance after offers have been received is so substantial as to exceed what prospective offerors reasonably could have anticipated, so that additional sources likely would have submitted offers had the substance of the amendment been known to them, the contracting officer shall cancel the original solicitation and issue a new one, regardless of the stage of the acquisition.

3.3.2. Solicitation Amendments.

CVCOG reserves the right to revise or amend the specifications up to the due date of submissions. Such revisions and amendments, if any, shall be announced by Addendum to this Solicitation in the same manner as the original advertisement.

3.3.3. Solicitation Postponement.

If the revisions and Addenda require changes in quantities or prices proposed, or both, the due date for submission may be postponed by such number of days as in the opinion of the Procurement Department shall enable vendors to revise their responses.

https://www.cvcog.org/cvcog/docs/Procurement/CVCOG%20Terms%20&%20Conditions%20Rev%20July%202023.pdf https://www.cvcog.org/cvcog/docs/Procurement/CVCOG%20Terms%20&%20Conditions%20Rev%20July%202023.pdf

pg. 9

CVCOG reserves the right to postpone a solicitation for any reason deemed necessary by the Procurement Department.

3.4. Samples.

Samples, when required, must be submitted at no expense to CVCOG. If not destroyed or consumed during testing, samples will be returned upon request at Offeror's expense. Samples will be used to determine if the proposed items meet the specifications stated in the Solicitation.

If Respondent fails to provide samples within five (5) day period, as required, CVCOG may reject the Response and not consider it for further evaluation.

3.5. Measurements.

If any measurement stated for items are approximates. CVCOG reserves the right to accept items that are similar in size, if in CVCOG’s judgment, the item offered fulfills the intended purpose.

3.6. Variances.

Any variance in the specifications or performance of Products offered pursuant to this Solicitation will be deemed acceptable to CVCOG only if the variance MEETS or EXCEEDS the specifications and requirements of this Solicitation.

3.7. Brand Name or Equivalent.

Wherever in the specifications any materials or processes are indicated or specified by patent of proprietary name and/or by name of manufacturer, such specifications will be deemed to be used for the purpose of facilitating descriptions of the performance, materials and/or processes desired and must be deemed to be followed by the words, "or equivalent", if not stated in the specifications. The burden of proof will rest with the Respondent, in the course of a technical evaluation, to prove that the proposed item(s) are equivalent to the performance, materials, processes, or articles specified. Determination as to whether the items(s) proposed is/are equivalent to those specified will rest solely with CVCOG. If a respondent is offering an "or equivalent" item, respondent must list the manufacturer's name and product number of the item offered. If this detail is not provided, it will be assumed respondent is offering the exact item specified. CVCOG’s decision whether an item is an equivalent to the item specified is final.

3.8. Interpretation of Specifications.

The specifications and/or product references contained herein are intended to be descriptive rather than restrictive. CVCOG is soliciting responses to provide a complete service package which meets its overall requirements. Specific services and collection references may be included in this Solicitation for guidance, but they are not intended to preclude Respondents from recommending alternative solutions offering comparable or better performance or value.

Results of informal meetings or discussions between a potential Respondent and CVCOG official or employee may not be used as a basis for deviations from the requirements contained in this Solicitation. The intent of the specifications is to provide Respondent with sufficient information concerning the Products/Services to be contracted so Respondent can prepare and submit an acceptable Response. The specifications may be detailed or general in nature. Details of construction, materials, or the way in which services will be provided, are left to the discretion of the Respondent, provided only that any offering must conform, as a minimum, to best Industry standards and practices and to what is currently being sold in the marketplace.

pg. 10

Requirements contained in the Solicitation are not considered to be biased toward any Respondent(s) competing under this Solicitation.

3.9. Rights to Submitted Material.

All materials submitted by the Proposer in response to this RFP shall become the property of

CVCOG.

3.10. Public Information.

All information, documentation, and other materials submitted in response to this Solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed. The awarded contractor strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of solicitation information.

3.11. Confidential/Proprietary Information.

Proposals will not be opened publicly. All Proposals shall be kept confidential and not disclosed to competing Proposers or any outside individuals until the evaluation process is finished.

The CVCOG will keep confidential any trade secrets and/or proprietary information which the Proposer does not wish to be disclosed. For such information, the Proposer must mark each page in boldface at the top and bottom as “CONFIDENTIAL/PROPRIETARY INFORMATION”.

Cost information shall not be deemed confidential.

CVCOG shall not be liable for disclosure of any proprietary information that is not clearly identified as such in the Proposal.

3.12. No Reimbursement for Costs.

Contractor acknowledges and accepts that any costs incurred from the contractor’s participation in this Solicitation shall be at the sole risk and responsibility of the Contractor.

3.13. Taxes.

Purchases made by CVCOG are exempt from the State Sales Tax and Federal Excise Tax.

Agency will furnish Tax Exemption Certificates upon request. Respondent represents and warrants that it shall pay all taxes or similar amounts resulting from the contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Contractor or its employees. CVCOG shall not be liable for any taxes resulting from the contract.

3.14. Funding Source Requirements.

Grant funds used to purchase these products/services may be provided from local, state, and/or federal sources. The successful Respondent must comply with any and all modifications that are enacted by the federal, state, local governments throughout the life of the Award and for any contract it executes with CVCOG as a result of this solicitation.

All Respondents must certify they are not on the Texas Comptroller’s list of ineligible contractors. The single successful Respondent shall be required to comply with all applicable Equal Employment Opportunity laws and regulations. HUB and/or DBE vendors will be

pg. 11 afforded full opportunity to submit proposals and compete for subcontracting work and will not be discriminated against on the basis of race, color, religion, sex, national origin, or disability.

4. MINUMUM VENDOR QUALIFICATIONS

4.1. Eligible Contractors.

Only individuals or firms from lawfully formed business organizations may apply. CVCOG will contract only with the individual and/or firm that submits a responding proposal and is not on hold with the Texas and/or Federal Government. Individuals and/or firms will be on contract and will not be considered an employee of CVCOG nor will the firm and/or individual be eligible for any benefits provided by CVCOG.

4.2. Unique Entity Identifier and System for Award Management.

**Successful Proposer must be registered to do business with the U.S. Government through www.sam.gov prior to award of Contract. **

If not already registered, Proposers shall register their entity to do business with the U.S. federal government by completing the entity registration process at SAM.gov. Active registration in SAM.gov provides your entity the ability to apply for federal grants or loans or bid/propose on government contracts.

The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete.

Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

4.3. Historically Underutilized Businesses and Disadvantaged Business Enterprise Contractors (HUB and DBE).

CVCOG encourages the participation of qualified vendors in the bidding/proposal process, emphasizing opportunities for small businesses, HUB and DBE vendors, and minority and/or women owned businesses.

4.4. Insurance Requirements.

Providing and maintaining adequate insurance coverage is a material obligation of the Proposer and is of the essence of any contract resulting from this RFP. All such insurance shall meet all laws and requirements of the State of Texas and CVCOG. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business.

The successful Proposer shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing Texas laws or this Contract. The limits of coverage under each insurance policy http://www.sam.gov/

pg. 12 maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract resulting from this RFP.

Proposer agrees that Proposer and Proposer’s employees and agents have no employer-employee relationship with CVCOG. CVCOG shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will CVCOG furnish any medical or retirement benefits or any paid vacation or sick leave.

Proposer is responsible for conduct of business operation, including employee salaries, travel, etc.

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

General Liability The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include CVCOG as an additional insured for the entire length of the resulting contract. The Contractor shall provide liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

Commercial Automobile Liability The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

Workers’ Compensation and Employer’s Liability To the extent required by law during the term of this Agreement, Contractor shall provide workers' compensation insurance for the performance of any of Contractor's duties under this Agreement, including but not limited to, coverage for workers' compensation and employer's liability and a waiver of subrogation, and shall provide CVCOG with certification of all such coverages upon request by CVCOG.

5. REPRESENTATIONS AND INSTRUCTIONS TO PROPOSERS

5.1. Pre-Proposal Conference.

The CVCOG will hold a virtual pre-proposal conference via Microsoft Teams on the date and time and at the address described below:

Friday, November 17th, 2023 10:00AM

pg. 13

Meeting Link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmE3YzU3M2QtMDA5Yi00NWM5LWIzMDMtNzlmZmU5MTI5MzI0 %40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa- 417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d

Attendance is optional, but strongly encouraged.

This will be the only opportunity for potential proposers to view the project site and/or gather further information before the submission of Proposals.

5.2. Amendments to Request for Proposals.

If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. Proposers must acknowledge receipt of any amendment to this solicitation. CVCOG must receive the acknowledgement by the time and at the place specified for receipt of proposals.

5.3. False Statements.

Proposers must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

5.4. Contact by Proposers.

To ensure a fair and competitive environment, direct communication between CVCOG employees other than the Solicitation Contact or any party able to create an unfair advantage to Respondent or disadvantage to other Respondents with respect to the Solicitation process, or the award of a Contract is strictly prohibited. This restriction does not apply to communications to other CVCOG employees during a Pre-Proposal/Bid or Response conference or other situations where the Solicitation Contact has expressly authorized direct communications with other staff.

A Respondent who intentionally violates this requirement of the Solicitation process or otherwise deliberately or unintentionally benefits from such a violation by another party may have its Submission rejected in accordance with CVCOG Policy. Respondent(s) will not offer any gratuities, favors, or anything of monetary value to any official or employee of CVCOG (including any and all members of the evaluation committee) for the purposes of influencing consideration of any Submission.

5.5. Examination of Documents and Requirements.

Each Respondent must carefully examine all Solicitation documents and become thoroughly familiar with all requirements prior to submission to ensure the response meets the intent of this Solicitation. Respondent is responsible for making all investigations and examinations that are necessary to ascertain conditions affecting the requirements and become thoroughly informed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this Solicitation. Failure to make such investigations and examinations will not relieve the Respondent from obligation to comply, in every detail, with all provisions and requirements of the Solicitation.

5.6. Submission of Proposals.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmE3YzU3M2QtMDA5Yi00NWM5LWIzMDMtNzlmZmU5MTI5MzI0%40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa-417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmE3YzU3M2QtMDA5Yi00NWM5LWIzMDMtNzlmZmU5MTI5MzI0%40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa-417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmE3YzU3M2QtMDA5Yi00NWM5LWIzMDMtNzlmZmU5MTI5MzI0%40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa-417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmE3YzU3M2QtMDA5Yi00NWM5LWIzMDMtNzlmZmU5MTI5MzI0%40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa-417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d

pg. 14

Proposals and proposal modifications shall be submitted in sealed envelopes or packages (unless permitted to submit by electronic means). Proposers shall submit sealed proposals by providing two (2) printed copies and one (1) combined PDF copy on a USB flash drive. Proposers using commercial carrier services must ensure that the proposal is addressed and marked on the outermost envelope or wrapper as prescribed below:

SOLICITATION #: 23-Transit-R-0085 Concho Valley Council of Governments Attention: Crystal Garcia Procurement Lead Procurement Department 5430 Link Road San Angelo, TX 76904

The exterior of the packaging/envelope must also indicate the proposing company or proposer’s name.

Proposals submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

5.7. Questions, Clarifications, and Explanation to Prospective Proposers.

Any prospective proposer desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective proposers before the submission of their proposals. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective proposer concerning a solicitation will be furnished promptly to all other prospective proposers as an amendment to the solicitation, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective proposers.

All contractors are encouraged to send any questions in writing to Crystal Garcia- Procurement Lead at crystal.garcia@cvcog.org by the Due Date for Written Questions. Answers and any supplemental materials pertaining to submitted questions will be posted to CVCOG website (www.cvcog.org) in the form of addenda addressing each submitted question. Questions and answers will be posted to the CVCOG website as soon as available. The names of respondents who submit questions will not be disclosed.

Except as provided in this solicitation and as otherwise necessary for the conduct of ongoing CVCOG business operations, proposers are expressly and absolutely prohibited from engaging in communications with CVCOG personnel who are involved in any manner in the review and/or evaluation of the proposals, selection of a respondent, and/or negotiation or formalization of a contract. Failure to follow the guidelines set forth in this solicitation regarding vendor communication could result in proposal rejection.

5.8. Solicitation Postponement and Addendum.

CVCOG reserves the right to revise or amend the specifications up to the due date for submission of proposals. Such revisions and amendments, if any, shall be announced by Addendum to this Solicitation in the same manner as the original advertisement. If the revisions

pg. 15 and Addenda require changes in quantities or prices proposed, or both, the due date may be postponed by such number of days as in the opinion of the Procurement Department shall enable vendors to revise their submissions.

5.9. Late Submissions, Modifications and Withdrawals.

Proposers are responsible for submitting proposals, and any modifications or withdrawals, so as to reach the CVCOG Procurement Department by the time specified in the RFP. If no time is specified in the RFP, the time for receipt is 4:30 p.m., local time.

Any proposal, modification, or withdrawal received by CVCOG after the exact time specified for receipt of proposals is "late" and will not be considered. However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the CVCOG installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of CVCOG personnel.

If an emergency or unanticipated event interrupt normal CVCOG processes so that proposals cannot be received at the exact time specified in the RFP and urgent Government requirements preclude amendment of the RFP, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Proposals may be withdrawn by written notice received at any time before the exact time set for receipt of proposals.

5.10. Preparation of Proposals.

Proposers are expected to examine the drawings, specifications, Schedule, and all instructions.

Failure to do so will be at the proposer’s risk.

If applicable, before submitting a proposal, proposers shall visit the site of the proposed work and shall fully inform themselves of all conditions in and about the work site, the building or buildings, if any, and any work that may have been done thereon. However, no proposer shall visit the site without prior authorization by CVCOG. Questions will not be answered during any site visit. Instead, questions resulting from the site visit must be submitted in writing.

Each proposer shall furnish the information required by the solicitation. The proposer shall sign the proposal and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

For each item offered, proposers shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a

pg. 16 unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

Proposals for supplies or services other than those specified will not be considered unless authorized by the solicitation.

Proposers must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

5.11. Minor Technicalities.

CVCOG reserves the right to waive minor technicalities and informalities; to only accept items as specified in the solicitation package. If either a unit price or extended price is obviously in error or the other is obviously correct, the incorrect price will be disregarded.

5.12. Request for Revised Proposals and Further Information.

CVCOG may request revised proposals or request further information from Proposers if it is in the best interest of CVCOG to do so.

5.13. Negotiations.

CVCOG may negotiate with the highest ranked Proposer. If CVCOG determines that negotiations have reached an impasse, CVCOG at its discretion may terminate negotiations with the selected Proposer and commence negotiations with the second highest-ranked Proposer.

However, CVCOG may select a Proposal or Proposals for award without any discussions or negotiations.

5.14. Best and Final Offer (BAFO)

CVCOG may request Best and Final Offers if it is in the best interest of CVCOG to do so.

Proposers are hereby notified that the selected firms are expressly prohibited from offering any rebates, parts credits and any other price discounts following contract award. Thus, the initial proposal should represent the “best offer.” However, CVCOG may select a proposal or Proposals for award without a request for BAFO.

5.15. Multiple Awards.

In addition to other factors, proposals will be evaluated on the basis of advantages and disadvantages to CVCOG that might result from making more than one award (multiple awards).

It is assumed, for the purpose of evaluating proposals, that $500 would be the administrative cost to CVCOG for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to CVCOG, including the assumed administrative costs.

5.16. Subcontractors.

The Proposer is required notify the CVCOG of any subcontractor(s) to be used to perform tasks and/or provide equipment on the project. CVCOG reserves the right to reject proposed subcontractors.

pg. 17

5.17. Solicitation Protests.

Prior to submission of an agency protest, all parties shall use their best efforts to resolve concerns raised by an interested party at the contracting officer level through open and frank discussions.

CVCOG Protest Procedures can be found here:

https://www.cvcog.org/cvcog/docs/Procurement/CVCOG_Procurement_Protest_Procedures_and _Standards_of_Conduct.pdf

5.18. Rejection of Individual Proposals.

a) Any proposal that fails to conform to the essential requirements of the request for proposal shall be rejected.

b) Any proposal that does not conform to the applicable specifications shall be rejected unless the solicitation authorized the submission of alternate proposals and the supplies offered as alternates meet the requirements specified in the solicitation.

c) Any proposal that fails to conform to the delivery schedule or permissible alternates stated in the solicitation shall be rejected.

d) A proposal shall be rejected when the proposer imposes conditions that would modify requirements of the solicitation or limit the proposer’s liability to the Government, since to allow the proposer to impose such conditions would be prejudicial to other proposers.

For example, proposals shall be rejected in which the proposer-o Protects against future changes in conditions, such as increased costs, if total possible costs to the Government cannot be determined;

o Fails to state a price and indicates that price shall be "price in effect at time of delivery;"

o States a price but qualifies it as being subject to "price in effect at time of delivery;"

o When not authorized by the solicitation, conditions or qualifies a proposal by stipulating that it is to be considered only if, before date of award, the proposer receives (or does not receive) award under a separate solicitation;

o Requires that the Government is to determine that the proposer’s product meets applicable Government specifications; or o Limits rights of the Government under any contract clause.

e) A proposer may be requested to delete objectionable conditions from a proposal provided the conditions do not go to the substance, as distinguished from the form, of the proposal, or work an injustice on other proposers. A condition goes to the substance of a proposal where it affects price, quantity, quality, or delivery of the items offered.

https://www.cvcog.org/cvcog/docs/Procurement/CVCOG_Procurement_Protest_Procedures_and_Standards_of_Conduct.pdf https://www.cvcog.org/cvcog/docs/Procurement/CVCOG_Procurement_Protest_Procedures_and_Standards_of_Conduct.pdf

pg. 18

f) Any proposal may be rejected if the contracting officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the proposal, but the prices for individual line items as well.

g) Any proposal may be rejected if the prices for any line items or subline items are materially unbalanced.

h) Proposals received from any person or concern that is suspended, debarred, proposed for debarment or declared ineligible as of the due date for submission shall be rejected unless a compelling reason determination is made.

i) Proposals received from concerns determined to be not responsible pursuant to FAR

Subpart 9.1 shall be rejected.

j) When a bid bond and/or performance bond is required and a proposer fails to furnish the guarantee in accordance with the requirements of the RFP, the proposal shall be rejected, except as otherwise provided in FAR 28.101-4.

5.19. Rejection of All Proposals.

This solicitation does not commit CVCOG to award a contract.

In accordance with FAR 15.305 (b), CVCOG may reject all proposals received in response to a solicitation, if doing so is in the best interest of CVCOG.

5.20. Single Proposal Response.

If only one Proposal is received in response to this solicitation, a detailed cost analysis may be requested of the single Proposer.

5.21. Non-Response to Request for Proposals.

To help us improve the quality of our solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email the Procurement Contacts listed on Page 1 and advise the reason.

5.22. Contract Award and Execution.

Upon administrative review, evaluation, negotiations, and approval from CVCOG’s Executive Board, CVCOG will prepare and submit a final contract to the awarded Proposer at the address provided in the Solicitation or via email. The awarded Proposer shall execute the contract within 7 days after the receipt of the contract.

6. EVALUATION CRITERIA

This proposal will be evaluated by an evaluation committee. An evaluation committee may consist of representatives from CVCOG and other stakeholders. The committee members will individually evaluate and numerically score each submission in accordance with the evaluation criteria section of this Solicitation. Submissions will be evaluated based on a total top score of 100. Respondents with a score of at least 80 may be eligible for a contract award recommendation, at the sole discretion of

pg. 19

CVCOG. An award resulting from this Solicitation shall be awarded to the most responsive and responsible respondent whose Proposal is determined to be the most advantageous to CVCOG; taking into consideration best value, which includes price, delivery time, vendor past performance, etc.;

moreover, the right is reserved to reject any and all submissions received and in all cases.

Responsiveness.

Responsive means that a Solicitation response must conform in all material respects to the requirements stated in any portion of the solicitation package. Responsiveness is determined from the submission documents themselves and, with very few exceptions, is determined with no discussions or further input from the respondent. Examples of submission responsiveness, as identified in other parts of the solicitation package, are:

• Are the submission documents complete and is any part of the response intentionally or inadvertently ambiguous? Is it susceptible to two or more reasonable interpretations?

• Were all Addenda to the solicitation acknowledged?

• Was the Proposal signed?

• Were all material representations and certifications completed and signed, including, but not limited to, federal requirements?

Responsibility.

A responsible Proposer is a company, which based on its submission, references, and any other pertinent information, has demonstrated it has the ability, willingness, and integrity to perform successfully under the terms and conditions of the Award and any contract resulting from the Solicitation. Consideration shall be given to such matters as defined elsewhere in this Solicitation.

Examples of respondent responsibility, as identified in other parts of the Solicitation Package, are:

• Demonstrable integrity, record of past performance, and financial and technical resources needed to meet the required delivery and performance schedule, taking into consideration all the Proposer’s existing commercial and governmental business commitments.

• The necessary organization, experience, accounting, and operational controls, and technical skills, or the ability to obtain them;

• Compliance with applicable licensing and tax laws and regulations;

• The necessary production, construction, and technical products and facilities, or the ability to obtain them.

• Compliance with Affirmative Action and Disadvantaged Business Program requirements; and

• Other qualifications and eligibility criteria necessary to receive an award under applicable laws and regulations.

In accordance with the above criteria, all proposals will be evaluated based on best value evaluation.

Each of these areas will be subjectively scored and added together to get the…