Instructions to Bidders3/2026 Federal Construction Contract – Build America Buy America

INSTRUCTIONS TO BIDDERS

1. Read All Contract Documents!!!

Bidders shall carefully examine the Contract Documents in their entirety as no extra payments or allowance will be made for ignorance or for failure to comprehend any of the conditions set out anywhere in this entire package.

2. Firm Bids

Each bid submitted shall remain firm for at least ninety (90) days from the date of the Bid Opening and may not be withdrawn in whole or in part during that time. Bidder shall forfeit its bid security to the extent of the damage to SEPTA occasioned by such withdrawal.

3. Complete Price

The price quoted in any bid submitted shall include all items of labor, materials, tools, equipment, insurance, and other costs necessary to fully complete the work pursuant to the Contract Documents. The Contract Documents intend to provide and require a completed work project ready for operation. Any work items omitted from such Contract Documents which are clearly necessary for the completion of such work and its appurtenances shall be considered a part of such work although not explicitly specified or called for in the Contract Documents. The total price quoted for any item(s) shall be deemed by SEPTA to include the costs, and NO EXTRAS will be allowed on that account. Bids which purport to exclude these costs will be rejected as non-responsive.

4. Basis of Award

An award, if any will be to the lowest responsive, responsible bidder excluding any cash discount offered for all item(s) listed in the Schedule A per Specifications, if applicable, as deemed in the best interest of SEPTA. Any contract(s) to be awarded will be awarded to the RESPONSIBLE BIDDER(S) submitting the LOWEST RESPONSIVE BID or COMBINATION of BIDS. In considering alternates the following will prevail:

a. Where alternates (additive or deductive) are not permitted or requested or where SEPTA elects to award a contract excluding alternates, the award, if one is made, shall be made to the responsible bidder submitting the lowest BASE

BID.

b. Where alternates (additive or deductive) are required to be bid and such alternates may be selected by SEPTA as part of the performance under the contract, the award(s), if one is made, shall be made to the responsible bidder submitting the lowest BASE BID (price without consideration of alternates).

However, award of work for alternates may only be made to the bidder submitting the lowest BASE BID if the total of the BASE BID and the bid for such alternate or alternates, is the lowest bid submitted. If the bidder submitting the lowest BASE BID is not the lowest bidder for the total BASE BID plus alternate, or alternates, no alternates shall be awarded.

c. Responsiveness. A responsive bid is one, both as to form and substance, which conforms to all the essential terms and conditions of the Invitation and in which the work/material offered meets the specifications in all essential respects.

SEPTA reserves the right to waive minor informalities or irregularities whenever it is to the advantage of SEPTA to do so.

d. Responsibility. SEPTA will only award a contract to a firm which it has determined to be responsible. The Bidder shall furnish adequate documentation, as determined by SEPTA, within five (5) days of receipt of SEPTA's written request to permit SEPTA to determine the responsibility of the bidder. A responsible bidder is one which meets the following standards:

(1) Integrity and Ethics -- Has a satisfactory record of integrity and business ethics, in compliance with 49 U.S.C. section 5325(j) (2) (A);

(2) Debarment and Suspension – Is neither debarred nor suspended from

Federal programs under DOT regulations, “Non procurement Suspension and Debarment,” 2CFR Parts 180 and 1200, or under FAR at 48CFR Chapter 1 Part 9.4 or any Commonwealth of Pennsylvania funded programs;

(3) DBE – Is in compliance with DOTs’ Disadvantaged Business Enterprise requirements, 49 CFR part 26;

(4) Public Policy – Is in compliance with the public policies of the Federal Government, as required by 49 U.S.C. Section 5325 (j) (2) (B) and Commonwealth of Pennsylvania public policies;

(5) Administrative and Technical Capacity – has the necessary organization, experience, accounting, and operational controls and technical skills, or the ability to obtain them in compliance with 79 U.S.C Section 5325 (j)

(2) (D);

(6) Licensing and Taxes – Is in compliance with applicable licensing and tax laws and regulations;

(7) Financial Resources – has, or can obtain, sufficient financial resources to perform the contract, as required by 49 U.S.C. Section 5325 (j) (2) (D);

(8) Production Capability – Has, or can obtain, the necessary production, construction and technical equipment and facilities;

(9) Timeliness – Is able to comply with the required delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(10) Performance Record provides a satisfactory current and past performance record.

SEPTA RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY

PART OF ANY OR ALL BIDS, WHENEVER IT IS IN THE BEST INTEREST

OF SEPTA TO DO SO. MOREOVER, SEPTA IS PROHIBITED FROM

ENTERING INTO COST PLUS PERCENTAGE OF COST CONTRACTS

UNDER ITS PROCUREMENT MANUAL AND APPLICABLE STATE AND

FEDERAL REGULATIONS.

5. Taxes

Bidder, because of any contract entered into pursuant to this Invitation, may be subject to certain business taxes imposed by, but not limited to, municipal, school district, Commonwealth of Pennsylvania, and/or the Federal government.

As to the sales tax imposed by the Commonwealth and some municipalities, bidder is directed to the provisions in Pennsylvania law found at 72 P.S. 72 §7201 et seq.

SEPTA makes no representation that these statutes are the only relevant statutes that apply to this Invitation.

Bidder acknowledges that nothing in this Invitation constitutes legal advice by SEPTA thereon. Bidder, to whatever extent that Bidder deems necessary, must obtain its own legal advice on any question concerning relevant taxes. Bidder is responsible for investigating whether it is subject to municipal, Commonwealth or Federal taxes and for paying such tax if applicable. Bidders are hereby informed that SEPTA is obligated by law to furnish governmental entities. Upon their request, the name and address of any person or firm with whom SEPTA has a contract for goods and/or services.

6. Time of Completion, Completion Date

The work must be completed within 2,035 calendar days from the date of receipt by contractor of SEPTA's NOTICE TO PROCEED.

7. Bid Security

Each complete bid must be accompanied by: (1) BID BOND; (2) CASHIER'S CHECK; (3) CERTIFIED CHECK; (4) TREASURER'S CHECK; and/or (5) OFFICIAL BANK CHECK, in an amount of not less than FIVE PERCENT (5%) of the Amount Bid, including alternates, if any, and drawn in favor of the

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY

(hereinafter called "Bid Security"). The Bid Security of the three lowest bidders shall be retained by SEPTA for a period of ninety (90) days, or until a contract is awarded and entered into, or all bids are rejected, whichever comes first. SEPTA shall be entitled but shall not have the obligation to cash bidder's Bid Security check and to invest the proceeds and to retain any income generated thereby and bidder, by submission of its bid, consents to SEPTA's retention of any income generated by such Bid Security. As used in this provision "Amount Bid" shall mean that amount which is the sum of the BASE BID plus all alternates which are bid unless such alternates are mutually exclusive or would result in deducts in which case "Amount Bid" as used herein shall be the highest possible contract price taking into consideration all possible combinations of alternates which might be included in an actual award.

The Bid Bond must be issued by a fully qualified surety company acceptable to SEPTA and listed as a company currently authorized under 31 CFR Part 223 as possessing a Certificate of Authority as described thereunder.

8. Discrepancies Duty of Bidder to Clarify Ambiguities

Should a bidder find any discrepancy or ambiguity, or omission from the drawings and/or specifications, or should it be in doubt as to their meaning, the Bidder must at once notify SEPTA who will, if it determines it to be necessary, send a written addendum for clarification purposes to all bidders. Only written modifications issued as addenda will affect changes in the Bidding and/or Contract Documents. Failure of bidder to clarify ambiguities prior to bid opening constitutes a waiver of their right to raise any such ambiguity after bid opening.

9. Addenda

The contents of all addenda to bidders are to be incorporated in the bid and will become part of the Bidding and/or Contract Documents. Revisions to the Bid Opening date, if any, will be noted in said addenda.

10. Site Inspections

Bidder(s) shall visit the site(s) of the work to obtain firsthand knowledge of existing conditions. Visits to the work site(s) shall be made by pre-arranged appointments with SEPTA's Justin Benante telephone no.215-580-7022.

Failure to inspect the work site(s) may be grounds for disqualification of a bidder at SEPTA's discretion. In any event, no allowances or extra payments shall be made on account of site conditions which reasonable inspection would have disclosed.

The Grantee agrees, and assures that each Subgrantee, if any, will agree to the following: provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit records and information, including such records and information the Grantee or its Third Party Participants may regard as confidential or proprietary related to its Award, the accompanying Underlying Agreement, and any Amendments thereto to the U.S Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller General of the United States, and the Comptroller General’s duly authorized representatives, and to the Grantee and each of its Subgrantees.

11. Subcontractor's Listing

Bidders, as part of their bids, are to submit a subcontractor list where indicated on the bid form. SEPTA reserves the right, prior to award, to approve or disapprove of all subcontractors who will be hired to perform portions of the work. Apparent low bidder must submit to SEPTA the list of their proposed subcontractors within five (5) days of the bid opening utilizing the Subcontractor/Supplier Participation Schedule. The awardee must also provide SEPTA with an updated subcontractor list if any changes are made during the project within five (5) days of any changes.

12. Or Equal

Where items of equipment and/or material are defined by using a trade name or the name and catalog number of a particular manufacturer or vendor, or a limited description, the term "OR EQUAL" if not written thereafter shall be implied. Any reference to a particular manufacturer's product either by trade name or limited description is only for purposes of setting a standard of performance, quality, composition, construction, or size.

The term "OR EQUAL" means any other manufactured product or article which is equivalent in material, workmanship and service and is as efficient and economical in operation in the opinion of SEPTA.

13. Bid Package

The Bid Package that will be submitted to SEPTA must include the following to be considered responsive:

a. Signed Bid Acknowledgement Form.

b. Bid Security

c. Buy America Certificate, signed (If the highest possible Contract Sum, taking into consideration of all items bid and all possible combinations of alternates which might be included in the actual award is over $150,000).

14. Contract

The bidders should execute and submit one (1) copy of the Agreement (pages 1 through 165) and all its Exhibits and, if applicable, Special Conditions.

If bidder's Bid Form contains base bid and ALTERNATES (additive or deductive) bidder shall leave Paragraph II. (Contract Sum) of the Agreement blank. The final dollar amount shall be inserted by SEPTA in accordance with bidders' bid based on base bid plus or minus those alternates chosen by SEPTA.

The Agreements of all bidders will be retained by SEPTA until (a) a contract is awarded and entered into; (b) a period of ninety (90) days has passed or; (c) all bids are rejected, whichever comes first.

15. Non-Collusion Requirement

In the event bidder is deemed the lowest responsive bidder and as part of the bid signed herewith, bidder hereby agrees to sign an Affidavit of Non-Collusion, if requested by SEPTA, in a form acceptable to SEPTA prior to the award, if any, of the contract. A sample of Affidavit of Non-Collusion is included in the Bid Forms.

16. Construction Subcontracting Requirements

Bidders are reminded that SEPTA's construction contract sets forth requirements which must be met by and included in any subcontract awarded by a construction contractor under contract to SEPTA. The general requirements which must be met by a subcontract are set forth in Paragraph IX. Subcontracts of the contract. All Federal and State provisions and clauses (Exhibits I, II & IV) must be included in all subcontracts.

17. Certification Regarding Debarment, Suspension, and Other Responsibility Matters

Suspension and Debarment

This contract is a covered transaction for the purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor’s principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded, or disqualified as defined at 49 CFR 29.940 and 29.945.

The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid, the bidder certifies as follows:

The certification in this clause is a material representation of fact relied upon by SEPTA. If it is later determined that the bidder knowingly rendered an erroneous certification, in addition to remedies available to SEPTA, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder agrees to comply with the requirements of 49 CFR 29, Subpart C, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder further agrees to include a provision requiring such compliance in its lower tier covered transactions.

18. Disadvantaged Business Enterprise DBE Goal - NOT APPLICABLE

No Goal(s) Established While SEPTA has not established a goal for this solicitation, we must attempt to use race-neutral means of obtaining DBE participation whenever possible. In accordance with 49 CFR parts 26.39 and 26.51, we strongly encourage prime contractors to provide subcontracting opportunities that small businesses, including DBEs, can reasonably perform. If the successful bidder will be using a DBE subcontractor/ subconsultant/supplier in conjunction with the contract, the bidder must submit a properly executed DBE Participation Schedule for each participating DBE subcontractor/subconsultant/supplier. Please refer to the DBE section, Exhibit IV.

19. SEPTA Solicitation Statistics Survey DBE and Non-DBE Contractor/Subcontractor

All Bidders are asked to complete a SEPTA Solicitation Statistics Survey for themselves and each of their DBE and non-DBE bidders in accordance with 49 CFR part 26.11. The form is to be signed by an officer legally authorized to bind the Bidder to a Contract and shall be submitted to SEPTA within five (5) days of the bid opening.

20. Steel Products Act

All steel products used or supplied in the performance of the Contract shall be products produced from steel made in the United States in conformity with the Steel Products Procurement Act of 1978 (Act No. 3 of 1978, March 3, P.L. 6 (73 P.S. §1881 et seq.)), as amended and, if the federal Buy America requirements are applicable to the Contract, in full conformity with the Buy America provisions of 49 U.S.C. §5323(j) [formerly the Federal Surface Transportation Assistance Act of 1982, as amended] and the applicable regulations in 49 CFR Part 661.

The Commonwealth of Pennsylvania considers the requirements of the Steel Products Procurement Act to be met for federally funded projects with the federal Buy America Requirements.

21. Certification Regarding Lobbying. (If the highest possible Contract Sum, taking into consideration all items bid and all possible combinations of alternates which might be included in the actual award is over $100,000)

By signing and submitting a bid, the bidder agrees to furnish the Certification Regarding Lobbying. The signed Certification may be submitted concurrently with the submission of the Bid Forms. If the Certification is not submitted along with the Bid Forms, it shall be submitted within five (5) days of bid opening, unless SEPTA grants, in writing, an extension.

22. Buy America Provision (If the highest possible Contract Sum, taking into consideration all items bid and all possible combinations of alternates which might be included in the actual award is over $150,000)

Build American, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S.

Office of Management and Budget’s, Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184. the U.S. Department of Transportation, and FTA. The Grantee acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).

FORM 1

This procurement is subject to the Federal Transit Administration Buy America Requirements in 49 CFR Part 661 and Federal Public Transportation Law 49 U.S.C.

Chapter 53.

A Buy America Certificate, per the attached format, must be completed and submitted with the bid in accordance with the requirements of 49 CFR § 661.13. A bid which does not include the certificate will be considered non-responsive.

A waiver from the Buy America Provision may be sought by SEPTA if grounds for the waiver exist.

Federal Public Transportation Law 49 U.S.C. 5323(j) permits the FTA participation on this contract only if steel, iron, and manufactured products used in the contract are produced in the United States. 49 CFR 661.5 requires that for steel, all manufacturing processes must take place in the United States, other than metallurgical processes involving refinement of steel additives. The steel requirements apply to all steel items including, but not limited to, structural steel, running rail, and contact rail. For manufactured products, 49 CFR 661.5 requires that for a "manufactured product" to comply with the Buy America requirements, all the manufacturing processes for the product must take place in the United States; and all items or material used in the product must be of United States origin.

Bidder understands and agrees that pursuant to 49 CFR 661.13, whether or not it certifies that it will comply with the applicable Buy America requirement, bidder is bound by its original certification and is not permitted to change its certification after bid opening. In addition, if bidder certifies that it will comply with the applicable Buy America requirements, bidder understands and agrees that it is not eligible for a waiver of those requirements.

23. Certification Regarding Compliance with Immigration Reform and Control Act of 1986

By signing and submitting a bid, the bidder agrees to furnish the Certification Regarding Compliance with Immigration Reform and Control Act of 1986 in compliance with the requirements stated in 8 U.S.C. §1324 (a). The signed Certification may be submitted concurrently with the submission of the Bid Forms. If the Certification is not submitted along with the Bid Forms, it shall be submitted within five (5) days of bid opening, unless SEPTA grants, in writing, an extension.

24. Furnishing of Bonds:

If awarded this Contract, the Bidder must furnish within ten (10) days after receipt from SEPTA of a notice to award, a properly executed Performance Bond and Labor and Material Payment Bonds in the amount of 100 percent.

The Performance and Labor and Material Payment Bonds each must be issued by a fully qualified surety company acceptable to SEPTA and listed as a company currently authorized under 31 CFR part 223 as possessing a Certificate of Authority as described thereunder.

25. Rights Reserved

In submitting their bid the Contractor understands that the right is reserved by SEPTA to reject any and all bids, or part of any bid, and it is agreed that the bid may not be withdrawn for a period of ninety (90) days subsequent to the opening of bids, without the consent of SEPTA.

It is also understood and agreed that if the bidder should withdraw any part or all of its bid within ninety (90) days after the bid opening without the consent of SEPTA, or shall refuse or be unable to enter into the Contract as provided with these documents, it shall forfeit its bid security to the extent of SEPTA’s damages occasioned by such withdrawal, or refusal, or inability to enter into a contract.

It is further understood and agreed, that to the extent the defaulting bidder’s Bid Bond, Certified Check and/or Cashier’s Check (excluding any income generated thereby which has been retained by SEPTA as provided in Item 7 “Bid Security” in these instructions) shall prove inadequate to fully recompense SEPTA for the damages occasioned by default, then the bidder agrees to indemnify SEPTA and pay over to SEPTA the difference between the bid security and SEPTA’s total damage, so as to make SEPTA whole.

26. Single Bid Response

In submitting this bid, it is understood and agreed by the undersigned bidder that in the event that only one responsive bid is received by SEPTA, bidder, within ten (10) days of receipt of SEPTA's written request, will furnish a price analysis of the amount(s) bid in this bid.

In the event that the amount bid exceeds $250,000 for an item for which only one responsive bid is received by SEPTA, bidder, within ten (10) days of receipt of SEPTA's written request, will also furnish a detail cost breakdown (including but not limited to such items as labor costs, overhead, material costs and profit) of the amount bid in this bid for such item. The costs included in the bid shall be calculated in accordance with Federal Acquisition Regulation Part 31, Contract Cost Principles and Procedures.

The purpose of the above information is to permit SEPTA to make a decision that the price is fair and reasonable in accordance with SEPTA's Procurement Manual. Bidder further agrees to cooperate with SEPTA in SEPTA's evaluation and to permit verification by SEPTA of data provided by bidder through audit or other means.

27. A Bid/Proposal Protest Procedure:

Bid/proposal protests relative to this procurement will be reviewed and adjudicated by SEPTA in accordance with the following Bid/Proposal Protest Procedure.

SEPTA BID/PROPOSAL PROTEST PROCEDURE

1.0 PURPOSE

1.1 This section describes the policies and procedures governing the receipt and resolution of protests in connection with an Invitation for Bid (IFB) or Request for Proposal (RFP). This procedure is applicable to all procurements more than $100,000. Bid/proposal protests for procurements of less than $100,000 shall be informally handled by the Assistant General Manager of Procurement and Supply Chain Management or his/her designee.

2.0 DEFINITIONS

2.1 "Interested Party" means any bidders/proposers.

2.2 "Days" means business days.

2.3 “Filed” means the date of receipt by The Office of SEPTA’s Assistant

General Manager of Procurement and Supply Chain Management or his/her designee (hereinafter Assistant General Manager of Procurement).

2.4 “Federal/State Law or Regulation” means any valid requirement imposed by Federal, State, or other Statute or regulation.

2.5 “Presumptive Contractor” means the bidder/proposer that is in line for award of the contract in the event that the protest is denied.

2.6 “Protestant” is an Interested Party who is aggrieved in connection with the solicitation or award of a contract and who files a protest.

3.0 TYPES OF PROTESTS/ TIME LIMITS

3.1 Pre-Bid/Proposal Protest is based upon alleged restrictive specifications or alleged improprieties in SEPTA’s procurement process. A Protestant must file a pre-bid/proposal protest no later than five (5) days prior to bid opening date by 4:30 p.m. Philadelphia prevailing time.

3.2 Pre-Award Protest is based upon alleged improprieties of a Bid/Proposal.

A Protestant must file a pre-award protest no later than five (5) days after the Protestant knows or should have known of the facts giving rise thereto by 4:30 p.m. Philadelphia prevailing time.

3.3 Post-Award Protest is based upon the award of a contract. A Protestant must file a post-award protest no later than five (5) days after the notification to the unsuccessful firms of SEPTA’s intent to award, or no later than five (5) days after an unsuccessful firm becomes aware of SEPTA’s intent to award a contract, whichever comes first, by 4:30 p.m.

Philadelphia prevailing time.

4.0 CONTENTS OF PROTEST

4.1 Protests must be in writing, and filed directly with the Office of SEPTA’s

Assistant General Manager of Procurement and Supply Chain Management, at the address indicated in the solicitation, and must contain the following information:

a. The name, address, and telephone number of the Protestant; and

b. Identity of the IFB or RFP (by number and description); and

c. A detailed factual statement of the grounds for protest; and

d. The desired relief, action or ruling.

5.0 ACTION BY SEPTA

5.1 Procurement Process Status

Upon timely receipt of a protest, SEPTA will delay the opening of bids until after resolution of the protest for protests filed prior to the bid opening or withhold award until after resolution of the protest for protests filed after bid opening. However, SEPTA may open bids or award a contract whenever SEPTA, at its sole discretion, determines that:

a. The items or work to be procured are urgently required; or

b. Delivery or performance will be unduly delayed by failure to make the award promptly; or

c. Failure to make prompt award will otherwise cause undue harm to

SEPTA or a funding source.

If the protest is filed before the award of the contract, SEPTA will advise the Presumptive Contractor of the pending protest.

5.2 If deemed appropriate, SEPTA may conduct an informal conference on the merits of the protest with all Interested Parties invited to attend.

5.3 Response to the Protest

SEPTA’s Assistant General Manager of Procurement and Supply Chain Management will respond in detail to each substantive issue raised in the protest within a reasonable time after the protest is filed. SEPTA’s response shall address only the issues raised originally by the Protestant.

When, on its face, a protest does not state a valid basis for protest or is untimely, the Assistant General Manager of Procurement and Supply Chain Management may summarily dismiss the protest without requiring a detailed response.

5.4 Rebuttal to SEPTA Response

The Protestant may submit a written rebuttal to SEPTA’s response, addressed to the Assistant General Manager of Procurement and Supply Chain Management, but must do so within five (5) days after receipt of the original SEPTA response. SEPTA will not address new issues raised in the rebuttal. After receipt of the Protestant’s rebuttal, the Assistant General Manager of Procurement and Supply Chain Management will review the protest and notify the Protestant of his/her final decision.

5.5 Request for Additional Information

Failure of the Protestant to comply with a request for information as specified by SEPTA’s Assistant General Manager of Procurement and Supply Chain Management, may result in determination of the protest without consideration of the additional information if subsequently produced. If any Interested Party requests information from another Interested Party, the request shall be made to SEPTA’s Assistant General Manager of Procurement and Supply Chain Management, and, if SEPTA so directs, shall be complied with by the other party within five (5) days.

5.6 Request for Reconsideration

If data becomes available that was not previously known, or there has been an error of law, a Protestant may submit a request for reconsideration of the protest. SEPTA’s Assistant General Manager of Procurement and Supply Chain Management will again review the protest considering all currently available information. The Assistant General Manager of Procurement and Supply Chain Management’s decision will be made within a reasonable time period, and his/her decision will be considered final.

5.7 Decision

Upon review and consideration of all relevant information the determination as issued by SEPTA will be final.

6.0 CONFIDENTIALITY OF PROTEST

Material submitted by a Protestant will not be withheld from any Interested Party, except to the extent that the withholding of information is permitted or required by law or regulation. If the Protestant considers that the protest contains proprietary material which should be withheld, a statement advising of this fact must be affixed to the front page of the protest submission and the allegedly protected information must be so identified whenever it appears.

[END OF SECTION]

BID ACKNOWLEDGMENT FORM – FEDERAL CONSTRUCTION CONTRACT

Bid No. 26-00105-AJEB Date:

The bidder hereby acknowledges the DBE contract goal(s) established for this solicitation and will comply with the requirements of 49 CFR Part 26 found in Exhibit IV of the Contract. Having examined the Invitation to Bid, the Instructions to Bidders, this Bid Form, the Performance Bond, the Labor and Materials Payment Bond, the Contract, the Specifications, the Contract Drawings and all addenda entitled, TRACTION POWER

SUBSTATION REHABILIATATION PROGRAM –CONTRACT 5 BROAD, LOUDON,

PARK, AND CASTOR SUBSTATIONS (hereinafter referred to as the "Project"), and having inspected the site of, and the conditions affecting and governing the performance of said Project, the undersigned hereby bids to furnish all services, material and perform all labor specified and described in the said contract documents and as shown in the said Drawings for the said Project and meet all conditions of the contract, in consideration of the contract sum, which shall be a total price of the entire Project in accordance with the following schedule of items:

If Bidder is a CORPORATION execute here:

EXECUTED FOR _____________________________________________

*If signed by some other officer, a power of attorney or certified Board Resolution authorizing such signature must be attached

BY _____________________________________________

*President or *Vice President

ATTEST: ________________________________________

*(Asst.) Secretary or * (Asst.) Treasurer

If Bidder is PARTNERSHIP execute here:

Name of Partnership

WITNESS ______________________________

Signing Partner

Principal Partners (10% or more) ______________________________________________

If Bidder is an INDIVIDUAL execute here:

Trade or Business Name: ___________________________________________________, and State of Registration: .

WITNESS __________________________________

Signature of Owner

SAMPLE

SCHEDULE A

ITEMS AND PRICES BID

Project Name: TRACTION POWER SUBSTATION REHABILIATION CONTRACT 5 – BROAD, LOUDON, PARK, AND CASTOR SUBSTATIONS

Project Name:

TRACTION POWER SUBSTATION REHABILIATION

CONTRACT 5 – BROAD, LOUDON, PARK, AND CASTOR SUBSTATIONS

Part A: Lump Sum Pricing: Contractor to provide all labor, materials, tools, equipment, permits, insurance, bonds, and services necessary to complete all work in accordance with RFP No._ 26-00105-AJEB, Specifications, Plans, Contract Documents, and all Addenda.

ITEM

NO. DESCRIPTION

BROAD STREET SUBSTATION TOTAL

PRICE

1 Division 1 - General Requirements 2 Division 2 - Existing Conditions 3 Division 3 - Concrete 4 Division 4 - Masonry 5 Division 5 - Metals

6 Division 6 - Woods, Plastics, and Composites

7 Division 7 - Thermal and Moisture Protection

8 Division 8 - Openings 9 Division 9 - Finishes 10 Division 10 - Specialties 11 Division 12 - Furnishings 12 Division 22 - Plumbing

Division 23 - Heating, Ventilation, and Air

- Conditioning(HVAC)

14 Division 26 - Electrical 15 Division 27 - Communications

16 Division 28 - Electronic Safety and Security

17 Division 31 - Earthwork 18 Division 32 - Exterior Improvements 19 Division 33 - Utilities

20 Division 34 - Transportation SUBTOTAL PART A (Sum of all Items 1-20):

Total Part A:

TRACTION POWER SUBSTATION REHABILIATION

CONTRACT 5 – BROAD, LOUDON, PARK, AND CASTOR SUBSTATIONS

Part B: Lump Sump Pricing: Contractor to provide all labor, materials, tools, equipment, permits, insurance, bonds, and services necessary to complete all work in accordance with RFP No. 26-

00105-AJEB, Specifications, Plans, Contract Documents, and all Addenda.

ITEM

NO.

DESCRIPTION PARK SUBSTATION

TOTAL PRICE

3 Division 3 - Concrete

4 Division 4 - Masonry

5 Division 5 - Metals

6 Division 6 - Woods, Plastics, and Composites

7 Division 7 - Thermal and Moisture Protection

8 Division 8 - Openings

9 Division 9 - Finishes

10 Division 10 - Specialties

11 Division 12 - Furnishings

12 Division 22 - Plumbing

13 Division 23 - Heating, Ventilation, and Air -

Conditioning(HVAC)

16 Division 28 - Electronic Safety and Security

17 Division 31 - Earthwork

18 Division 32 - Exterior Improvements

19 Division 33 - Utilities

SUBTOTAL PART B (Sum of all Items 1-20):

TRACTION POWER SUBSTATION REHABILIATION CONTRACT 5 –

BROAD, LOUDON, PARK, AND CASTOR SUBSTATIONS

Part C: Lump Sum Pricing: Contractor to provide all labor, materials, tools, equipment, permits, insurance, bonds, and services necessary to complete all work in accordance with

RFP No. 26-00105-AJEB, Specifications, Plans, Contract Documents, and all Addenda.

ITEM

NO.

DESCRIPTION LOUDON SUBSTATION

TOTAL PRICE

3 Division 3 - Concrete

4 Division 4 - Masonry

5 Division 5 - Metals

6 Division 6 - Woods, Plastics, and Composites

7 Division 7 - Thermal and Moisture Protection

8 Division 8 - Openings

9 Division 9 - Finishes

10 Division 10 - Specialties

11 Division 12 - Furnishings

12 Division 22 - Plumbing

13 Division 23 - Heating, Ventilation, and Air -

Conditioning(HVAC)

16 Division 28 - Electronic Safety and Security

17 Division 31 - Earthwork

18 Division 32 - Exterior Improvements

19 Division 33 - Utilities

SUBTOTAL PART C (Sum of all Items 1-20):

Total Part C:

TRACTION POWER SUBSTATION REHABILIATION CONTRACT 5 – BROAD,

LOUDON, PARK, AND CASTOR SUBSTATIONS

Part D: Lump Sump Pricing: Contractor to provide all labor, materials, tools, equipment, permits, insurance, bonds, and services necessary to complete all work in accordance with RFP No. 26-

00105-AJEB, Specifications, Plans, Contract Documents, and all Addenda.

ITEM

NO.

DESCRIPTION CASTOR SUBSTATION TOTAL PRICE

3 Division 3 - Concrete

4 Division 4 - Masonry

5 Division 5 - Metals

6 Division 6 - Woods, Plastics, and

Composites

7 Division 7 - Thermal and Moisture

Protection

8 Division 8 - Openings

9 Division 9 - Finishes

10 Division 10 - Specialties

11 Division 12 - Furnishings

12 Division 22 - Plumbing

13 Division 23 - Heating, Ventilation, and

Air - Conditioning(HVAC)

16 Division 28 - Electronic Safety and

Security

17 Division 31 - Earthwork

18 Division 32 - Exterior Improvements

19 Division 33 - Utilities

SUBTOTAL PART D (Sum of all Items 1-20):

Total Part D:

ADDENDA:

All addenda, the receipt of which are hereby acknowledged by inserting the dates next to the appropriate numbers, have been included in this Bid and are listed below. Failure to properly acknowledge the addenda as set forth below may result in rejection of the bid. However, SEPTA reserves the right to accept the bid if SEPTA determines that the failure to properly acknowledge the addendum was due to a clerical mistake and if the bid intent can be determined from the bid submitted.

ADDENDUM

DATE

ADDENDUM

DATE

No. 1

No. 4

No. 2

No. 5

No. 3

No. 6

No. 7

No. 8

No. 9

No. 10

BUY AMERICA CERTIFICATE

Certificate of Compliance With 49 U.S.C. 5323(j)

{NOTE: Only one of the certifications below may be executed by the bidder. Failure to execute one or execution of both could result in rejection of the bid}

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j) and the applicable regulations in 49 CFR part 661.

Date:

Signature:

Company:

Title:

or

Certificate for Non-Compliance With 49 U.S.C. 5323(j)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j) and the applicable regulations in 49 CFR 661.7.

Company:

Form 1

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an Officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subgrantees shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Company Name:

CERTIFICATION REGARDING COMPLIANCE WITH IMMIGRATION

REFORM AND CONTROL ACT OF 1986

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. Consultant has and will continue to comply with, for the duration of this Agreement, the requirements of 8 U.S.C. § 1324a with respect to the hiring, recruiting or referral for employment of an alien in the United States of America.

2. Consultant will 1)Complete the Employee Eligibility Form (I-9) for each person that it hires, 2)Utilize the electronic employment verification system (“E-Verify”) designated in Executive Order12989, and shall keep each I-9 Form on file for at least three (3) years, or one (1) year after employment ends, whichever is longer.

3. Consultant shall require that the provisions of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subgrantees shall certify and disclose accordingly.

This certification is a material representation of the fact upon which reliance was placed when the parties entered into this Agreement. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Act 43 of 2006. The Illegal Alien Labor on Assisted Act is also known and cited as the Prohibition of Illegal Alien Labor on Assisted Projects Act.

Company Name:

Federal Construction Contract – Build America Buy America3 /2026

CONTRACT

FOR

TRACTION POWER SUBSTATION REHABILIATION CONTRACT 5 – BROAD, LOUDON,

PARK, AND CASTOR SUBSTATIONS

Project No.: 26-00105-AJEB

Federal Construction Contract - BABA3 /2026

TABLE OF CONTENTS

I.CONTRACTOR OBLIGATIONS

II.SEPTA OBLIGATIONS

III.DEFINITIONS

IV.CONFLICTS ALL DUTIES TO CONTRACTOR TO BE CUMULATIVE DUTIES

V.EXECUTION, INTERPRETATION, AND INTENT

VI.ARCHITECT AND ENGINEER

VII.CONTRACTOR TO COOPERATE WITH SEPTA's DESIGNATED PROJECT REPS

VIII.CONTRACTOR

IX.SUBCONTRACTS

X.SEPARATE CONTRACTS

XI.TIME14

XII.PAYMENT AND COMPLETION

XIII.PROTECTION OF PERSONS AND PROPERTY

XV. CHANGES IN THE WORK

XVI.UNCOVERING AND CORRECTION OF WORK

XVII.TERMINATION FOR CONVENIENCE

XVIII.TERMINATION FOR CAUSE

XIX.MISCELLANEOUS PROVISIONS

A.Governing Law; Forum Selection; and Consent to Jurisdiction B.Contract to Bind SEPTA and Contractor C.Assignment Prohibited D.Government Financial Assistance E.Reimbursable Work and Expenses F.SEPTA's Right to Stop the Work G.SEPTA's Right to Carry out the Work H.Rights and Remedies I.Royalties and Patents J.Tests and Inspections:

K.Claims for Damages L.Written Notice M.Unforeseen Underground Conditions N.Overhead Obstacles O.Third Party Contract Rights P.Use of Financial Institutions Owned and Controlled by Socially and Economically Disadvantaged

Individuals Q. Disadvantaged Business Enterprise (DBE) Requirements R. SEPTA’s Equal Employment Opportunity Contract Requirements S. Samples T. Drawings & Specifications U. Availability of Funds

XX.DISPUTES

XXI.PROHIBITED INTEREST

XXII.SEVERABILITY

XXIII.INTEGRATION

XXIV.CITY MINIMUM WAGE AND BENEFITS

SCHEDULE A

EXHIBIT 1 - FTA REQUIRED PROVISIONS FOR CONTRACTS

EXHIBIT II - STATE AND LOCAL CONTRACT REQUIREMENTS

EXHIBIT III - PLANNING, SCHEDULING AND PROGRESS MONITORING SPECIFICATIONS

Federal Construction Contract - BABA3 /2026

EXHIBIT IV - DISADVANTAGED BUSINESS ENTERPRISE (DBE)

EXHIBIT V - SEPTA'S EEO CONTRACTUAL REQUIREMENTS

EXHIBIT VI - SPECIAL CONDITIONS

EXHIBIT VII - SAMPLES

EXHIBIT VIII - DRAWINGS & SPECIFICATIONS

EXHIBIT IX - FEDERAL TRANSIT ADMINSTRATION (FTA) REQUIRED PROVISIONS FOR

CONTRACTS WAGE RATES

EXHIBIT X - INSURANCE REQUIREMENTS

EXHIBIT XI- PROPOSED CONSTRUCTION SUBCONTRACTORS' LISTING………………….164

Federal Construction Contract – Build America Buy America 1 3/2026

Project: 26-00105-AJEB

CONTRACT

FOR

TRACTION POWER SUBSTATION REHABILIATION CONTRACT 5 – BROAD, LOUDON,

PARK, AND CASTOR SUBSTATIONS

THIS AGREEMENT made this day of 20 ___, between the SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"), a body corporate and politic exercising the powers of the Commonwealth of Pennsylvania as an agency and instrumentality thereof, with offices located at 1234 Market Street, Philadelphia, Pennsylvania 19107- 3780, AND a , established under the laws of (hereinafter called the "CONTRACTOR"), having a principal place of business at .

W I T N E S E T H T H A T:

WHEREAS, SEPTA requires certain work, hereinafter more fully described to be performed in connection with an undertaking of SEPTA (hereinafter called "Project"); and

WHEREAS, the Contractor, pursuant to SEPTA's Invitation to Bid has submitted a bid to perform all the work required by this contract and such bid (base bid and indicated alternates as follows: TRACTION

POWER SUBSTATION REHABILIATION CONTRACT 5 – BROAD, LOUDON, PARK, AND

CASTOR SUBSTATIONS) has been accepted by SEPTA.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, THE PARTIES hereto, intending to be legally bound, hereby AGREE as follows:

I. CONTRACTOR OBLIGATIONS

The Contractor shall perform the Work required by the Contract Documents, more particularly set forth in the Specifications for this Contract including the Drawings.

II. SEPTA OBLIGATIONS

SEPTA shall pay the Contractor for the full and faithful performance of the Work the total sum of (hereinafter called "Contract Sum") in current funds constituting legal tender of the United States of America, which Contract Sum shall be in full compensation for the furnishing of all labor, materials and services required for the completion of the Work, and all other costs and expenses incidental thereto.

III. DEFINITIONS

Whenever they appear in the Contract Documents these words shall have the following meaning:

A. Contract

The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and (except for substantial representations made by the Contractor upon which SEPTA was entitled to rely in

Federal Construction Contract – Build America Buy America 2 3/2026 making the decision to award the Contract to Contractor) supersedes prior negotiations, representations, or agreements, either written or oral. Any change or amendment to the Contract shall not be binding unless set forth in writing, properly signed and subject to government concurrence where applicable, pursuant to Paragraph XIV of this Agreement.

B. Contract Documents which form the Contract consist of the following:

1. This Agreement, including any referenced documents or exhibits;

2. The following Special Condition(s): RELEASE AND AGREEMENT

TO CONFORM WITH ENVIRONMENTAL LAWS

FOR ASBESTOS REMOVAL; RELEASE AND AGREEMENT

TO CONFORM WITH ENVIRONMENTAL LAWS

FOR REMOVAL OF MATERIAL DESIGNATED AS HAZARDOUS

WASTE; PHASED LIQUIDATED DAMAGES found in Exhibit VI.

3. Performance Bonds; Labor and Material Bonds;

4. Specifications and Drawings;

5. Addenda issued prior to execution of this Agreement; and

6. Any written change or amendment to any of the above documents as listed in

"1." through "5."

C. Architect or Engineer shall mean the organization designated below or its authorized on-site representative for this Project or Contract:

HDR Engineering, Inc.

1515 Market Street Philadelphia, PA 19102

D. Government shall include any political subdivision, agency, or department, whether Federal, State or Local.

E. Project Manager shall mean Dave Morales of SEPTA, or his/her representative(s) designated in writing.

F. Contract Administrator shall mean Justin Benante of SEPTA, or his/her representative(s) designated in writing.

G. The Work

Federal Construction Contract – Build America Buy America 3 3/2026 shall include all labor and services necessary to complete the construction required by the Contract Documents, all material and equipment incorporated into such construction, and bonds, insurance, and any other performance required of the Contractor in order to complete the Project in accordance with all terms and conditions of the Contract, including all costs and expenses incidental thereto.

H. Changed Work

The Work shall include those portions of the Work as modified by Change Orders as defined in Paragraph XIV.B.

IV. CONFLICTS ALL DUTIES TO CONTRACTOR TO BE CUMULATIVE DUTIES

Except as provided in Paragraph XIII.D in the event of any conflict among the terms, conditions, or provisions of the Contract Documents, it shall be Contractor's obligation to promptly request a written clarification from SEPTA before proceeding with any portion of the Work affected by such clarification. SEPTA will review and respond to such requests within a reasonable time.

Contractor shall not proceed prior to receipt of SEPTA's written response.

All terms, covenants and conditions of the Contract Documents shall be read together and shall be interpreted as a cumulative obligation to perform all the Work described herein completely and, in the best, and most skillful manner within the provisions of all the Contract Documents.

With respect to technical matters, all questions pertaining to the quality or quantity of any item of the Work, or to the extent of the Drawings and Specifications, or to conflicts or inconsistencies between the Specifications and Drawings shall be promptly submitted by the Contractor to SEPTA, whose determination shall be final and binding upon the Contractor.

SEPTA’s interpretation shall be based on the following descending order of priority:

A. Agreement, and Change Orders

B. Special Conditions

C. Specifications

D. Drawings

If the Contractor adjusts such matters on its own initiative without a determination by SEPTA, it shall be at its sole risk and peril. With respect to any conflicts between requirements or standards of Federal and State or Local Law applicable to the Contract, the strictest standard shall govern.

V. EXECUTION, INTERPRETATION, AND INTENT

A. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be

Federal Construction Contract – Build America Buy America 4 3/2026 interpreted in accordance with that meaning.

B. The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

C. Written interpretations necessary for the proper execution or progress of the Work, in the form of drawings, or otherwise will be issued with reasonable promptness by the Project Manager and in accordance with any schedule agreed upon in accordance with Paragraph VIII.M. Written requests for such interpretation may be submitted to the Project Manager. Such interpretations shall be consistent with and reasonably inferable from the Contract Documents and may be affected by Field Order as defined in Paragraph XIV.J.

VI. ARCHITECT AND ENGINEER

A. The Architect, if applicable, is the person or organization licensed to practice Architecture who performs architectural…