FQ15234.pdf

Invitation For Bid

FQ-15234

GIS Cable Management

Software System

Date: September 10, 2015 Bid Due Date: September 30, 2015

Due Time: 2:00 P.M.

Contract Administrator: Felicia Walker, (202) 962-1893

Email Address: Fwalker1@wmata.com

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Rev. 06/15

SUPPLY AND SERVICE CONTRACT IFB FQ-15234

TABLE OF CONTENTS

NOTICE TO BIDDERS

NOTICE TO ALL VENDORS

SOLICITATION, OFFER AND AWARD

SCHEDULE OF PRICES

ACKNOWLEDGMENT OF AMENDMENTS

SOLICITATION INSTRUCTIONS

1. INTRODUCTION

2. GOODS TO BE FURNISHED/SERVICES TO BE PERFORMED

3. COMMUNICATIONS WITH THE AUTHORITY

4. EXPLANATIONS TO BIDDERS

5. PRE-BID MEETING: NON-APPLICABLE

6. AMENDMENTS TO IFB

7. ACKNOWLEDGMENT OF AMENDMENTS

8. PREPARATION OF BIDS

9. SUBMITTAL OF BIDS

10. RESPONSIVE BIDS

11. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS PRIOR TO BID OPENING 17

12. BID ACCEPTANCE PERIOD AND BIDDER’S DEFAULT

13. BID GUARANTEE: NON-APPLICABLE

14. BID MISTAKE

15. REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

16. LAWS AND REGULATIONS

17. ROYALTY INFORMATION: NON-APPLICABLE

18. REQUIREMENT FOR COST DATA FOR CONTRACT AWARD

19. PRE-AWARD INFORMATION/BIDDER RESPONSIBILITY

20. PRE-AWARD MEETING

21. SITE VISIT/INSPECTION OF BIDDER’S FACILITIES: NON-APPLICABLE

22. BASIS FOR AWARD

23. CONTRACT AWARD

24. EQUAL EMPLOYMENT OPPORTUNITY

25. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS

26. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO BID

27. NOTICE OF PROTEST POLICY

28. WMATA’S TAX EXEMPT STATUS

29. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

30. BRAND NAME OR EQUAL: NON-APPLICABLE

31. PERFORMANCE AND PAYMENT BONDS: NON-APPLICABLE

REPRESENTATIONS AND CERTIFICATIONS

PRE-AWARD EVALUATION DATA

TERMS AND CONDITIONS

CHAPTER I – GENERAL CONDITIONS

1. AGREEMENT

2. ARRANGEMENT OF CONTRACTUAL PROVISIONS

3. ORDER OF PRECEDENCE

4. REQUIREMENTS CONTRACT: NON-APPLICABLE

5. AUDIT, AVAILABILITY, AND INSPECTION OF RECORDS

6. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

7. CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR)

CHAPTER II – TIME/DELAYS/LIQUIDATED DAMAGES

1. PERIOD OF PERFORMANCE

2. LIQUIDATED DAMAGES FOR DELAY: NON-APPLICABLE

3. EXTENSIONS OF TIME/FORCE MAJEURE

4. AUTHORITY’S DELAY OF WORK

5. NOTICE TO THE AUTHORITY OF LABOR DISPUTES

CHAPTER III – ACCEPTANCE/INSPECTIONS/DEFICIENCIES

1. INSPECTION OF SERVICES

3. ACCEPTANCE OF SUPPLIES: NON-APPLICABLE

4. NEW MATERIAL [SUPPLIES]:NON-APPLICABLE

5. WARRANTY

6. FIRST ARTICLE INSPECTION: NON-APPLICABLE

7. F.O.B. DESTINATION-NON-APPLICABLE

8. QUALITY ASSURANCE/QUALITY CONTROL

CHAPTER IV—CHANGES/ PRICING ADJUSTMENTS

1. CHANGE ORDERS

2. PRICING OF ADJUSTMENTS

3. ACCOUNTING AND RECORD KEEPING FOR ADJUSTMENTS

CHAPTER V – INVOICES/PAYMENTS/ DEDUCTIONS

1. BILLING AND PAYMENT

2. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA – MODIFICATIONS

3. SUBCONTRACTOR PAYMENTS

4. GARNISHMENT OF PAYMENTS

CHAPTER VI – CONTRACT TERMINATION/STOP WORK ORDERS/DISPUTES

1. STOP WORK ORDERS

3. TERMINATION FOR CONVENIENCE

4. ASSIGNMENT

5. DISPUTES

CHAPTER VII – INDEMNIFICATION/INSURANCE/RISK OF LOSS

1. INDEMNIFICATION

2. INSURANCE REQUIREMENTS

3. TITLE AND RISK OF LOSS

CHAPTER VIII – INTELLECTUAL PROPERTY RIGHTS

1. PATENT INDEMNITY

2. SET-OFF

3. RIGHTS IN TECHNICAL DATA- GENERAL: NON-APPLICABLE

4. RIGHTS IN TECHNICAL DATA – UNLIMITED

5. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT: NON-APPLICABLE

CHAPTER IX – ADDITIONAL COVENANTS/LEGAL REQUIREMENTS

1. NONDISCRIMINATION ASSURANCE

2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME

COMPENSATION

3. WALSH-HEALEY PUBLIC CONTRACTS ACT

4. CONVICT LABOR

5. COVENANT AGAINST CONTINGENT FEES

6. SEAT BELT USE POLICY

7. SENSITIVE SECURITY INFORMATION

8. LAWS AND REGULATIONS

9. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA: NON-

APPLICABLE

10. LIVING WAGE

11. METRIC SYSTEM

12. WHISTLEBLOWER PROTECTION

13. DRUG AND ALCOHOL TESTING: NON-APPLICABLE

14. EMPLOYMENT RESTRICTION WARRANTY

15. GRATUITIES

16. OFFICIALS NOT TO BENEFIT

17. ORGANIZATIONAL CONFLICTS OF INTEREST

18. CONTRACTOR PERSONNEL

19. FALSE STATEMENTS, CLAIMS OR SUBMISSIONS

CHAPTER X – MISCELLANEOUS ADDITIONAL PROVISIONS

1. FEDERAL, STATE, AND LOCAL TAXES

2. FEDERAL/LOCAL/STATE SALES TAX

3. PUBLIC COMMUNICATION

4. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

5. SEVERABILITY

6. SURVIVAL

7. ALL NECESSARY FEDERAL PROVISIONS DEEMED INCLUDED

1. NOTIFICATION OF FEDERAL PARTICIPATION

2. ACCESS TO THIRD PARTY CONTRACT RECORDS

3. RIGHTS IN DATA AND COPYRIGHTS — FTA: NON-APPLICABLE

4. BUY AMERICA ACT-NON-APPLICABLE

5. CHARTER BUS REQUIREMENTS: NON-APPLICABLE

6. SCHOOL BUS REQUIREMENTS: NON-APPLICABLE

7. BUS TESTING: NON-APPLICABLE

8. CARGO PREFERENCE: NON-APPLICABLE

9. CLEAN AIR

10. CLEAN WATER

11. RECYCLED PRODUCTS

12. ENERGY CONSERVATION

13. CHANGES TO FEDERAL REQUIREMENTS

14. FLY AMERICA REQUIREMENTS

15. PAYMENT DEDUCTIONS - NONCOMPLIANCE WITH DBE REQUIREMENTS

16. GOVERNMENT-WIDE DEBARMENT OR SUSPENSION

17. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

18. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES

19. FALSE STATEMENTS OR CLAIMS CIVIL AND CRIMINAL FRAUD

20. RECOVERED MATERIALS

21. LOBBYING

22. NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS ARCHITECTURE AND

STANDARDS

23. CONTRACTS INVOLVING FEDERAL PRIVACY ACT REQUIREMENTS

CHAPTER XII-WMATA POLICIES

1. SAFETY REQUIREMENTS

2. PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECK REQUIREMENT

3. WORKPLACE VIOLENCE/ZERO TOLERANCE

MID‐ATLANTIC PURCHASING TEAM RIDER CLAUSE

TECHNICAL SPECIFICATIONS

APPENDIX B

APPENDIX B-1

COMBINED GLOSSARY OF DEFINITIONS

DATE: September 10, 2015

SUBJECT: Invitation for Bid (IFB)

Washington Metropolitan Area Transit Authority (WMATA) is seeking bids from authorized vendors and/or resellers to provide a GIS Cable Management Software System, software licenses and one year of maintenance and support. NOTE: The IFB contains an 8% percent DBE goal.

A pre-bid conference will not be held. Your bid must be submitted in accordance with IFB terms and delivered to WMATA’s, Office of Procurement and Materials, 600 Fifth Street, N.W., Room 3C02, Washington, DC 20001. Bids must be no later than 2:00 P.M. on September 30, 2015.

If you have any questions, technical, contractual or administrative please email them to the Contract Administrator, Felicia Walker at Fwalker1@wmata.com no later than 12:00 PM on Monday, September 21, 2015. WMATA will provide written answers, by email to all those who obtain the IFB and provide their email addresses.

The following documents are to be completed and submitted with a bid response:

Required bid documents:

Bid Form Solicitation, Offer & Award Form Price Schedule Pre Award Survey Representations and Certifications Specifications Certificate of Insurance Appendix B Appendix B-1 (where applicable)

NOTICE TO BIDDERS

IMPORTANT

PLEASE READ CAREFULLY

To ensure submission of complete bids and to avoid irregularities that could result in a non-responsive bid, please check your bid for each of the following common responsiveness problems:

1. Have you checked your bid? Are all items included and checked for math errors?

2. If amendments are included, have you acknowledged and recorded the number of amendments on the bid envelope and bid form?

3. Have you signed and submitted the bid form and the Solicitation, Offer & Award page(s)?

4. Have you properly completed and checked the appropriate box for each certification and representation? Have you included the Representations and Certifications with your bid?

5. Have you completed and included Pre-Award Data?

6. Have you complied with the Appendix B requirement? Met the required 8% DBE goal and completed the appropriate DBE forms for submittal with your bid?

7. Contractor’s pricing, if offered to other jurisdictions, will be the same regardless of quantities ordered. The Authority makes no representations regarding the quantities that may be ordered by any such jurisdictions.

8. Have you marked the bid envelope with solicitation number and addressed to the Contract

Administrator?

9. Have you included a copy of any required certificate(s) of insurance (COIs)?

NOTICE TO ALL VENDORS

Please be advised that all vendors and contractors who do business with the Washington Metropolitan Area Transit Authority (WMATA) must register in the WMATA Vendor Registration System. Registration is located at http://www.wmata.com

New Vendor Registration.

If you are a vendor or contractor and HAVE done business with WMATA in the past, please electronically request your company’s User ID and Password at http://www.wmata.com

Forgot User ID/Password.

Registered Vendor Benefits:

• Visibility to WMATA Contract Administrators and/or purchasing agents during the purchasing decision period;

• Visibility to other 17,500 registered vendors for possible business opportunities;

• Opportunity to update online, company information such as an e-mail address or contact person on-line;

• Ability to sign up for electronic payment option; and

• Ability to electronically reset user Id and password.

Any questions regarding registration may be addressed to Vendor Relations at (202) 962-1408 or procurement@wmata.com.

http://www.wmata.com/ http://www.wmata.com/ mailto:procurement@wmata.com

SOLICITATION, OFFER AND AWARD

CONTRACT NO. SOLICITATION NO. DATE ISSUED ADDRESS OFFER TO OFFICE OF PROCUREMENT

IFB FQ-15234

September 10, 2015

Office of Procurement

600 Fifth Street NW

Washington, DC 20001 X ADVERTISED NEGOTIATED

SOLICITATION

Sealed bid original and TWO (2) copies for furnishing the supplies or services in the schedules will be received at Authority until 2:00 P.M. local time September 30, 2015 (Hour) (Date) If this is an advertised solicitation, offers will be publicly opened at that time.

All bids are subject to the following:

1. The Solicitation Instructions that that are attached.

2. The Terms and Conditions, that that are attached.

3. The Schedule included herein and/or attached hereto.

4. Such other provisions, representations, certifications, and specifications, as are attached or incorporated herein by reference.

Bidder’s E-mail Bidder’s Phone Number Bidder’s Fax Number

SCHEDULE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

See attached.

DUN & BRADSTREET ID NUMBER:

BIDDER

Name and

Address

(Street, city, county, state, and zip code)

Name and Title of Person Authorized to Sign Bid (Print or Type)

Signature Offer Date

Check if remittance is different from above — enter such address in Schedule

AWARD (To be completed by The Authority)

ACCEPTANCE AND AWARD ARE HEREBY MADE FOR THE FOLLOWING ITEM(S):

ITEM NO. QUANTITY UNIT UNIT PRICE

The total amount of this award is $

Name of Contracting Officer (Print of Type) WASHINGTON METROPOLITAN TRANSIT AUTHORITY AWARD DATE

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET

SCHEDULE OF PRICES

Item Qty Description Unit of Measure

Cost Total Cost

1. 1 Geographic Information System (GIS) compatible software for purposes of fiber optic and copper network management. Include base costs with planning, development, testing, deployment and training

Each

2. Service Maintenance for GIS Cable Management Software for one year period.

Each

3. 4 Technical Offsite Support Each

4. 4 Administrator License Each

5. 1 General User License Each

Total Cost

Authorized Signature: _________________________

Printed Name: ________________________________

Email address: ________________________________

Company Name: ______________________________

Date: _______________________________________

ACKNOWLEDGMENT OF AMENDMENTS

The undersigned acknowledges receipt of the following amendments to the solicitation documents (Give number and date of each):

Amendment Number____, dated_______________________________

Failure to acknowledge receipt of all amendments may cause the bid to be considered not responsive to the solicitation that would require rejection of the bid.

DIRECTIONS FOR SUBMITTING BID:

1. Read and comply with the solicitation instructions. This form is to be submitted with the Price

Schedule. Attached certifications and Appendix B (DBE) data must be completed and returned with the bid forms.

2. Complete and return the Representations and Certifications form.

3. Include copies of any required Certificate(s) of Insurance (COIs).

4. Envelopes containing bids and related required documents must be sealed, marked and addressed as follows:

WASHINGTON METROPOLITAN AREA

TRANSIT AUTHORITY

BID UNDER SOLICITATION FQ-15234

OFFICE OF PROCUREMENT

600 FIFTH STREET N.W.

WASHINGTON, DC 20001

BIDS SHALL BE TIMELY MAILED OR HAND DELIVERED TO REACH WMATA BEFORE 2:00 P.M.

(LOCAL TIME) ON DAY OF BID CLOSING. BIDS HAND CARRIED BETWEEN 1:00 P.M. AND 2:00 P.M.

SHOULD BE PRESENTED TO THE CONTRACT ADMINISTRATOR.

SOLICITATION INSTRUCTIONS

INVITATION FOR BID

SOLICITATION INSTRUCTIONS

1. INTRODUCTION

a. The Authority seeks to award a Contract to provide a GIS Cable Management

Software System, software licenses and one year of maintenance and support. To that end, the Authority is issuing this Invitation For Bid (“IFB”) to solicit bids from qualified firms and individuals who can satisfy the requirements of the accompanying Contract documents.

b. As this is a low bid solicitation, award of a Contract hereunder shall be to the lowest priced, responsible bidder whose bid is responsive to, and meets all requirements of the solicitation.

c. The Authority contemplates award of a firm fixed price Contract.

2. GOODS TO BE FURNISHED/SERVICES TO BE PERFORMED

Bidders are advised that:

a. If “services” are to be performed pursuant to this solicitation, they must be provided in all respects as specified in the accompanying Contract documents and include the services to be furnished, together with any labor, material or other work necessary for satisfactory performance.

b. If “supplies” are to be provided pursuant to this solicitation, they must be in all respects as specified in the Contract documents and include the items to be furnished, together with any labor, service or other work necessary for satisfactory performance.

c. Unless otherwise specified, all goods and materials furnished to the Authority must be new and unused.

3. COMMUNICATIONS WITH THE AUTHORITY

Prospective bidders are advised that any and all communications with WMATA relating to this solicitation and made by, or on behalf of, a prospective bidder at any time between release of this Invitation for Bids and award of a contract hereunder must be directed to the Contract Administrator as follows:

Felicia Walker Email: Fwalker1@wmata.com Phone: (202) 962-1893 mailto:Fwalker1@wmata.com

A violation of this provision, deemed willful by the Authority, may result in a determination that a bidder is not responsible, and thus ineligible for award, for purposes of this solicitation.

4. EXPLANATIONS TO BIDDERS

a. Any explanation or clarification desired by a bidder regarding the meaning or interpretation of this Invitation for bid, the terms and conditions, specifications, drawings, and/or other documents relating to this solicitation must be requested in writing and with sufficient time allowed for a reply to reach all bidders before the time set for the opening of bids. Absent extraordinary circumstances, all such inquiries should be transmitted in a time frame such as to ensure their receipt by the Contracting Officer at least ten (10) days prior to the date specified for the opening of bids.

b. Any information furnished by the Authority to a prospective bidder relating to this solicitation will be provided promptly in writing to all prospective bidders as an amendment to this solicitation pursuant to paragraph six (6) below if, in the judgment of the Authority, the information is necessary to the preparation and/or submittal of bids or lack of such information would be otherwise prejudicial to other prospective bidders.

c. Oral explanations, representations or instructions of any kind relating to the subject matter of this solicitation given at any time before the award of the Contract by any employee, officer or agent of the Authority will not be binding upon the Authority, nor does the Authority assume responsibility for the accuracy of any such communication.

d. The failure of a prospective bidder to request an explanation or clarification as provided herein will preclude the bidder from thereafter claiming any ambiguity, inconsistency or error in the solicitation that that should have been discovered by a reasonably prudent bidder.

5. PRE-BID MEETING: NON-APPLICABLE

For the purpose of further clarifying the requirements of this Invitation for Bid, a pre-bid conference will be held to respond to questions by prospective bidders. This pre-bid conference will be held at a.m/p.m. on , in the Lobby Level Meeting Room of the WMATA Jackson Graham Building, 600 5th Street, NW, Washington, DC 20001. It is requested that prospective bidders submit their questions in writing whether in advance of, or during, the meeting. Questions from the floor, however, are permissible.

6. AMENDMENTS TO IFB

a. The Authority reserves the right to revise or amend the terms of this IFB, the proposed Contract’s terms and conditions, the scope of work and/or drawings prior to the date set for the opening of bids. Such revisions and amendments, if any, will be announced by amendment(s) to this Invitation for Bid. Written copies of such amendment(s) as may be issued will be made available to all prospective bidders.

b. If, in the judgment of the Authority, any such amendment(s) would require significant changes in quantities and/or bid price, the date set for the opening of bids may be postponed by such number of days as, in the opinion of the Authority, will enable the submission of revised bids. In such case, the amendment will include an announcement of the new date for the opening of bids.

7. ACKNOWLEDGMENT OF AMENDMENTS

Bidders are required to acknowledge receipt of all amendments to this Invitation for Bids on the amendment acknowledgement form prior to opening of bids. Failure to acknowledge all amendments may cause the bid to be considered not responsive to the solicitation that would require rejection of the bid.

8. PREPARATION OF BIDS

a. Bids shall be submitted on the price schedule furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, such erasures or changes must be initialed by the person signing the bid.

b. Bidders shall furnish all information required by this IFB and, in so doing, are expected to fully examine the IFB and any attachments thereto. Failure to do so will be at the bidder’s risk.

c. Discounts for prompt payment will not be considered in the evaluation of bids.

However, any offered discount will be included within the award of the Contract and will be taken by the Authority, if payment is made within the discounted period referenced in the bid.

d. The Price Schedule may provide for submittal of a price or prices for one or more items which may be unit prices, lump sum bids, alternate prices, or a combination thereof. The Price Schedule expressly requires that the bid include prices for all items. Failure to do so will render the bid nonresponsive.

e. All bid prices shall be deemed to include the cost of all work, labor and materials required by the Contract documents, including without limitation, delivery charges, insurance, container charges or any other expenses incidental to the work, as well as expenses for compliance with federal, state and local laws or regulatory requirements. All bid prices are deemed to be F.O.B. delivery point.

f. Unless specifically stated in the Price Schedule, alternate bids will not be considered.

9. SUBMITTAL OF BIDS

a. Bids shall be enclosed in sealed envelopes and addressed to the office specified in the solicitation.

b. The face of the envelope should show the hour and date specified in the solicitation for receipt, the solicitation number, and the name and address of the bidder. A failure to do so may result in a premature opening of, or a failure to open, such bid, for which the Authority shall assume no responsibility.

c. Facsimile bids will not be considered.

d. All bids will remain sealed until the date and time specified for the opening of bids.

10. RESPONSIVE BIDS

a. Bidders are advised that a bid that is at variance or noncompliant with any provision of this solicitation, including a qualified or conditional bid, may be rejected as nonresponsive.

b. The Authority may reject a bid as nonresponsive if, in the judgment of the Authority, the prices bid are materially unbalanced. A bid is materially unbalanced when it is based on prices that are significantly understated for one (1) or more elements of work and significantly overstated for other element(s) of work.

c. Notwithstanding anything to the contrary contained herein, the Authority reserves the right to waive minor errors or omissions in a bid and to deem such bid responsive.

11. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS PRIOR TO BID OPENING

a. Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award and it:

(1) Was sent by registered or certified U.S. or Canadian mail not later than the fifth (5th) day before the date specified for receipt of bids (e.g., a bid submitted in response to a solicitation requiring receipt of bids by the 20th of the month must have been mailed by the 15th);

(2) Was sent by first class mail and it is determined by the Authority that the late receipt was due solely to the Authority’s mishandling, after its timely delivery on the Authority’s premises;

(3) Was sent by U.S. Postal Service, Express Mail Next Day Service not later than 5:00 p.m. at the place of mailing at least two (2) business days prior to the date specified for receipt of bids. The term “business days" excludes weekends and U.S. federal holidays; or

(4) Is the only bid received.

b. Any modification or withdrawal of a bid is subject to the same conditions as set forth in subparagraphs (a)(1), (2), and (3) above.

c. The only acceptable evidence to establish the time of Authority’s receipt is the time/date stamp of that event on the bid wrapper or other documentary evidence of receipt maintained by the Authority.

d. Notwithstanding sub-paragraph (a) above, a late modification of any otherwise successful bid that makes its terms more favorable to the Authority will be considered at any time it is received and may be accepted.

e. Bids may be withdrawn by written notice received by the Authority before the opening of bids. Bids may be withdrawn in person by a bidder, or an authorized representative of the bidder if the representative’s identity is established to the satisfaction of the Authority and the representative signs a receipt for the return of the bid, before the opening of bids. The attempted withdrawal of a bid, received subsequent to bid opening and during the acceptance period set forth in paragraph 12, will not be honored and will be without effect.

12. BID ACCEPTANCE PERIOD AND BIDDER’S DEFAULT

a. The acceptance period for this solicitation is ninety (90) calendar days.

b. By submission of its bid, the bidder agrees that it shall be irrevocable and shall remain available to WMATA for purposes of awarding a contract pursuant to this Solicitation for not less than the acceptance period. The Bidder’s failure or refusal to furnish such Contract documents as may be required in the Solicitation or to otherwise execute a Contract from WMATA in accordance with its bid during the acceptance period shall constitute a bidder’s default.

c. In the event of a bidder’s default, the bidder shall be liable to WMATA for all associated damages and costs, including, without limitation, WMATA’s “cost to cover.”, The “cost to cover” is the difference between the bidder’s price and the price ultimately paid by WMATA for the work encompassed in this solicitation, whether through award of a contact to another bidder pursuant to this solicitation or otherwise.

13. BID GUARANTEE: NON-APPLICABLE

a. This solicitation requires submission of a bid guarantee to secure compliance with the bidder’s obligation to execute and furnish such documents as may be required in the solicitation and to execute a Contract upon acceptance by the Authority of its bid during the acceptance period.

b. The bid guarantee shall be in the nature of a bid bond in the form annexed hereto as Appendix ____, or in a postal money order, certified check, cashier’s check, or irrevocable letter of credit in a form and from an institution acceptable to the Authority. The bid guarantee shall be provided in an amount equal to five percent (5%) of the total bid.

c. The bid guarantee, other than a bid bond, shall be returned to unsuccessful bidders as soon as practicable upon the opening of bids. The bid guarantee shall be returned to the successful bidder as soon as practicable upon its furnishing of any documents required by the solicitation and its acceptance of the Contract.

14. BID MISTAKE

a. A bidder who seeks to withdraw its bid subsequent to bid opening due to a claimed mistake or error in preparation shall notify the Authority in writing immediately upon realizing the mistake and in no event later than three (3) business days following bid opening, setting forth the details of, and explanation for, the claimed mistake. The Authority shall evaluate the claimed mistake and determine whether the bidder will be permitted to withdraw its bid.

b. In the event of an apparent discrepancy between any unit price and its associated extended price, the unit price will be presumed to be correct. The Authority may award a Contract to an otherwise low bidder based upon the unit price, subject to the additional terms of this article.

c. A bidder claiming a mistake shall, if so requested by the Contracting Officer, appear before one or more designated representative(s) of the Authority to provide testimony and/or documentation that may include the bidder’s computation sheets and calculations, to assist in the Authority’s determination.

d. Nothing contained herein shall be deemed to preclude the Authority from allowing a bidder to cure a deficiency in an otherwise responsive bid where the Authority determines that such deficiency is in the nature of a minor informality or irregularity.

15. REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

The bidder shall check or complete all applicable boxes or blocks, and provide all requested information, on the attached "Representations and Certifications" form. Bidders are reminded of the obligation to fully and faithfully complete the accompanying “Representations and Certifications” form that must be submitted with the bid. Failure to do so may result in the bid being rejected as nonresponsive.

16. LAWS AND REGULATIONS

Bidders are responsible for complying with, any and all applicable State of Maryland, Commonwealth of Virginia, District of Columbia, and federal and local laws and regulations governing the supplies or services to be provided under this Contract. Further, the bidder that receives this Contract shall be responsible to obtain, at its own cost and expense, any and all licenses/permits required to transact business in any political jurisdictions where work will be performed.

17. ROYALTY INFORMATION: NON-APPLICABLE

a. When the response to this solicitation contains costs or charges for royalties totaling more than $250, the following information shall be furnished with the bid on each separate item of royalty or license fee:

(1) Name and address of licensor;

(2) Date of license agreement;

(3) Patent numbers, patent application serial numbers or other basis on which the royalty is payable;

(4) A brief description, including any part or model number of each contract line item or component on which the royalty is payable;

(5) The percentage or dollar rate of royalty per unit;

(6) The unit price or Contract line item price;

(7) The number of units; and

(8) The total dollar amount of royalties.

b. In addition, if specifically requested by the Contracting Officer prior to execution of the Contract, a copy of any current license agreements and identification of applicable claims of specific patents shall be furnished.

18. REQUIREMENT FOR COST DATA FOR CONTRACT AWARD

The Authority may require the apparent low bidder to submit cost data in sufficient detail to permit analysis of the cost elements that are contained in the bid prices. In such instances, the apparent low bid may, at the discretion of the Authority, be subject to audit.

19. PRE-AWARD INFORMATION/BIDDER RESPONSIBILITY

a. In order to be eligible for award, the low bidder will be required to demonstrate its ability to perform the services or furnish the supplies contained in the solicitation, in a timely manner, to the complete satisfaction of the Authority. Failure on the part of the low bidder to demonstrate that it maintains the requisite integrity, overall technical capability and financial resources to perform the Contract in a satisfactory and timely manner may result in a rejection of the low bidder as not responsible.

In such event, the second lowest bidder will be required to demonstrate its responsibility. This process will continue until a bidder successfully demonstrates that it is responsible for purposes of this solicitation.

b. To assist in the Authority’s evaluation of its responsibility for purposes of award of a Contract hereunder, the apparent lowest, responsive bidder shall furnish the following when requested by the Contracting Officer:

(1) A completed and signed pre-award evaluation data form (copy attached), including the required financial statements;

(2) The Disadvantaged or Small Business Enterprise data form as set forth in Appendix B.

20. PRE-AWARD MEETING

The Authority reserves the right to require that a pre-award meeting be held with the apparent low bidder prior to award of a Contract in order to further assist the Authority in determining the bidder’s responsibility for purposes of award.

21. SITE VISIT/INSPECTION OF BIDDER’S FACILITIES: NON-APPLICABLE

A bidder must provide and maintain sufficient facilities that will allow it to adequately perform Contract functions as specified herein. WMATA may make site visits prior to Contract award to examine the bidder’s facilities. This will include _____ and also to verify that necessary equipment, supplies, etc. are readily available.

22. BASIS FOR AWARD

a. Award(s) of a Contract hereunder will be made to the bidder(s) (i) whose bid is judged to be responsive to the terms of the solicitation and based solely upon the price as identified in the Price Schedule and (ii) who demonstrates, to the satisfaction of the Authority, that it is responsible for purposes of award of this Contract.

b. Unless otherwise expressly specified in the price schedule, the Authority may make multiple awards as a result of this solicitation.

c. Notwithstanding the foregoing or any other provision in this Contract, the Authority reserves the right to reject all bids and cancel this solicitation at any time prior to award.

23. CONTRACT AWARD

A written award notice mailed or otherwise furnished to the successful bidder within the acceptance period shall result in a binding Contract, without further action by either party.

24. EQUAL EMPLOYMENT OPPORTUNITY

In order to be eligible for award of a Contract pursuant to this solicitation, the apparent low bidder will be required to comply with all applicable Equal Employment Opportunity laws and regulations.

25. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS

Attached as part of this solicitation are documents outlining the requirements for the Disadvantaged Business Enterprise (DBE) Program. The DBE requirement goal for this contract is 8% unless a good faith waiver is requested and approved.

a. If the bid is over $100,000, for the bidder to be considered responsible, the following documents (see Appendix B) shall be completed and submitted with the bid:

Schedule of DBE Participation;

Letter of Intent to Perform as Subcontractor/Joint Venture (if applicable);

DBE Unavailability Certification (where applicable);

Written request for waiver when DBE participation is less than stated percentage;

DBE Monthly Status Report, after award, to the COTR and a final report at Contract completion, if DBE participation is applicable.

b. If this is a Small Business Enterprise (SBE) set-aside, the provisions of Appendix B-

1 are applicable. Appendix B-1 forms must be completed by each bidder to insure that the bid is acceptable.

The provisions of Appendix B (if attached) do not become applicable and forms do not have to be completed, unless the id is $100,000 or more. If the bid is $100,000 or more and any portion of the written requirement is omitted, then the bid may be found to be unacceptable and subsequently rejected. Appendix B forms and/or waivers must be completed with great care by each bidder to insure that the bid is acceptable.

26. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO BID

It is the policy of the Authority (WMATA), the Federal Transit Administration (FTA) and the U.S. Department of Transportation (US DOT) that Disadvantaged Business Enterprises (DBE’s) shall have an equal opportunity to receive and participate in performing WMATA contracts and federally assisted contracts, including contracts and subcontracts at any tier.

27. NOTICE OF PROTEST POLICY

a. WMATA policy and procedure for the administrative resolution of protests is set forth in Chapter 17 of the Procurement Policy Manual (PPM). A copy of the PPM is available at www.wmata.com.

b. With respect to federally funded contracts, FTA Circular 4220.1F, Chapter VII-1, addresses bid protests. In general, FTA will only review protests submitted by an interested party regarding the alleged failure of the grantee to have a written protest procedure or to follow such procedures and may exercise discretionary jurisdiction over appeals important to its overall transportation program.

28. WMATA’S TAX EXEMPT STATUS

a. Pursuant to Article XVI, Paragraph 78, of the Washington Area Metropolitan Transit Authority Compact, as adopted by the State of Maryland, the District of Columbia, and the Commonwealth of Virginia, with the authorization and consent of the Congress of the United States, the Authority has been accorded an exemption from taxes as follows:

"The Authority and the Board shall not be required to pay taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision, or upon its activities in the operation and maintenance of any transit facility or upon any revenues therefrom, and the property and income derived therefrom shall be exempted from all federal, state, District of Columbia, municipal, and local taxation. This exemption shall include without limitation, all motor vehicle license fees, sales taxes and motor fuel taxes."

b. It has been the practice of the District of Columbia to apply the Authority's tax exempt status to certain purchases of materials required under Authority construction contracts and acquired by contractors for physical incorporation into the project work.

This has not been the practice in either Maryland or Virginia. The Authority does not represent or warrant that the District of Columbia’s practice applies to this project or, if it does, that it will continue in effect during the term of this project. It is the responsibility of the Contractor to determine its liability for any and all taxes applicable to this project. Assessment or payment of taxes by the Contractor, including taxes resulting from changes in existing laws or the application thereof or of new or additional taxes, shall not constitute the basis for an increase in the Contract price, except as otherwise allowed under the article, “Federal, State and Local Taxes”, of this Contract.

c. The Authority's tax exempt numbers are as follows: District of Columbia -- 5611-

0082187-001; Maryland -- 30072210; Virginia -- 5280-0067

d. By submission of its bid, the bidder certifies that none of the taxes to which the Authority is exempt are included in its bid price(s).

29. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

With respect to both this solicitation and the resultant Contract:

a. All communications (oral, written, electronic and otherwise including but, not limited to, software coding) shall be in the English language.

b. All pricing shall be in United States dollars.

30. BRAND NAME OR EQUAL: NON-APPLICABLE

a. If items called for by this IFB have been identified in the Price Schedule with a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products including products of the brand name manufacturer other than the one described by brand name will be considered for award, if such products are clearly identified in the bid and are determined by the Authority to meet fully, the salient characteristics requirements, stated in the Scope of Work..

b. Unless the bidder clearly indicates that it is offering an "equal" product, its bid shall be considered as offering a brand name product referenced in the IFB.

c. If the bidder offers to furnish an "equal" product, the brand name, if any, of the product shall be furnished in the space provided in the Invitation for Bid, or such product shall be otherwise clearly identified in the bid. The determination as to equality of the product offered shall be at the sole discretion of the Authority.

CAUTION TO BIDDERS. WMATA is not responsible for locating or securing any information that is not identified in the bid and/or reasonably available to the Authority.

Accordingly, to ensure that sufficient information is available, the bidder must furnish as a part of its bid, all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the Authority to determine whether the product offered meets the requirements of the IFB.

31. PERFORMANCE AND PAYMENT BONDS: NON-APPLICABLE

The successful bidder shall, within the time established in the Contract documents, furnish performance and payment bonds on forms acceptable to the Authority and in the sums provided in the Contract documents.

SUPPLY AND SERVICE CONTRACT IFB-FQ-15234

REPRESENTATIONS AND CERTIFICATIONS

(FEDERALLY FUNDED SUPPLY/SERVICE/CONSTRUCTION CONTRACTS)

REPRESENTATIONS

Instructions: Check or complete all applicable boxes or blocks on this form and submit it with your offer.

1. TYPE OF BUSINESS ORGANIZATION (RC-101, MAY 07)

By submission of this offer, the bidder represents that it operates as [ ] an individual, [ ] a partnership, [ ] a limited liability company, [ ] a joint venture, [ ] a nonprofit organization, or [ ] a corporation, incorporated under the laws of the State of _________________.

2. AFFILIATION AND IDENTIFYING DATA (RC-102, MAY 07)

Each bidder shall complete (a), (b) if applicable, and (c) below, representing that:

(a) It [ ] is, [ ] is not, owned or controlled by a parent company. For this purpose, a parent company is defined as one that either owns or controls the activities and basic business policies of the bidder .

To own another company means the parent company must own at least a majority, i.e., more than fifty percent (50%), of the voting rights in that company. To control another company, such ownership is not required. If another company is able to formulate, determine or veto basic business policy decisions of the bidder, such other company is considered the parent of the bidder. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements or otherwise.

(b) If the bidder is owned or controlled by a parent company, it shall insert in the space below the name and main office address of the parent company:

Name of Parent Company

Main Office Address (including ZIP Code)

(c) If the bidder has no parent company, it shall provide in the applicable space below its own Employer's Identification Number (E.I.N.), (i.e., number used on federal tax returns or, if it has a parent company, the E.I. No. of its parent company).

Bidder’s E.I. N.: ____________or, parent company's E.I. N.____________

(d) If a Data Universal Numbering Systems (DUNS), number has not been established for the company at the address entered on the “Solicitation, Offer and Award” form, the Authority will arrange for the assignment of this number after award of a contract and will notify the Contractor accordingly.

3. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (RC-103, MAY 07)

This representation is applicable to federally assisted contracts. By submission of this offer, the bidder represents that:

(a) It [ ] has, [ ] has not, participated in a previous contract or subcontract subject to either the Equal

Opportunity Clause of this solicitation, or the clause contained in Parts II and IV of Executive Order 11246, as amended; that prohibits discrimination on the basis of race, color, creed, national origin, sex, age; and

(b) It [ ] has, [ ] has not, filed all required compliance reports; and

(c) Representations indicating submittal of required compliance reports signed by proposed subcontractors will be obtained prior to subcontract awards.

4. DISADVANTAGED BUSINESS ENTERPRISE (RC-104, MAY 07)

This representation is applicable to federally assisted contracts. By submission of this bid, the bidder represents that:

(a) It [ ] is, [ ] is not, a disadvantaged business enterprise.

"Disadvantaged Business Enterprise" means a for-profit small business concern that is at least fifty one percent (51%) owned by one or more individuals who are both socially and economically disadvantaged individuals or, in the case of a corporation, that fifty one percent (51%) of the stock is owned by one or more such individuals; and whose management and daily business operations are controlled by one or more socially and economically disadvantaged individuals who own it.

"Socially and Economically Disadvantaged Individuals" is defined in Appendix B, Section 4, paragraph I; and

(b) It [ ] is, [ ] is not, currently certified by WMATA as a disadvantaged business enterprise.

(c) It [ ] is, [ ] is not, a small business enterprise.

“Small Business Enterprise” means a for profit small business concern that is at least fifty one percent

(51%) owned by one or more individual(s) who are economically disadvantaged. “Economically Disadvantaged Individual” is defined in Appendix B-1, Section 3, Definitions.

5. AFFIRMATIVE ACTION COMPLIANCE (RC-105, MAY 07)

This representation is applicable to federally assisted contracts of $50,000 or more that are awarded to contractors with fifty (50) or more employees. By submission of this bid, the bidder represents that:

(a) It has a workforce of employees.

(b) It [ ] has developed and has on file, or [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR Parts 60-1 and 60-2), or

(c) It [ ] has not previously had contracts subject to the written affirmative action program requirements of the rules and regulations of the Secretary of Labor.

CERTIFICATIONS

6. COVENANT AGAINST GRATUITIES (RC-106, MAY 07)

By submission of this bid, the bidder certifies, and in the case of a joint bid , each party thereto certifies as to its own organization, that in connection with this procurement:

Neither it nor any of its employees, representatives or agents have offered or given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer or employee of the Authority with a view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to this Contract.

7. CONTINGENT FEE (RC-107, MAY 07)

By submission of this bid , the bidder certifies, and in the case of a joint bid r, each party thereto certifies as to its own organization, that in connection with this procurement:

(a) It [ ] has, [ ] has not, employed or retained any company or persons (other than a full-time, bona fide employee working solely for the bidder) to solicit or secure this Contract, and

(b) It [ ] has, [ ] has not, paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the bidder) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this Contract.

8. CLEAN AIR ACT AND CLEAN WATER ACT CERTIFICATION (RC-108, MAY 07)

This certification is applicable if the Contract will be federally assisted and the offer exceeds $100,000, or the Contracting Officer believes that orders under an indefinite type contract in any year will exceed $100,000 or a facility to be used has been the subject of a conviction under the Clean Air Act [42 U.S.C. § 7413(c)(1)] or the Clean Water Act [33 U.S.C. § 1319(c)] and is listed by the U.S. Environmental Protection Agency (EPA) as a violating facility, and the acquisition is not otherwise exempt:

(a) Any facility to be utilized in the performance of this proposed contract [ ] is, or [ ] is not listed on the

EPA’s list of violating facilities;

(b) Bidder will immediately notify the Contracting Officer, before award, of the receipt of any communications from the Administrator, or a designee of the EPA, indicating that any facility that that it proposes to use for the performance of the contract is under consideration to be listed on the EPA’s list of violating facilities; and

(c) Bidder will include a certification substantially the same as this certification, including this paragraph, in every nonexempt subcontract.

9. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXLCUSION (RC-109, MAY 07)

This certification is applicable to federally assisted contracts over $25,000.

(a) Primary Covered Transactions. This certification applies to the bid submitted in response to this solicitation and will be a continuing requirement throughout the term of any resultant Contract.

(1) The bidder certifies to the best of its knowledge and belief that it and its principals:

(i) are not currently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from covered transactions by any federal or state department or agency;

(ii) have not, within a three(3) year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(iii) are not currently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(ii) of this certification; and

(iv) have not, within a three(3) year period preceding this offer, had one (1) or more public transactions (federal, state, or local) terminated for cause or default.

(2) Where the bidder is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to this bid. .

(b) Lower Tier Covered Transactions. This certification applies to a subcontract at any tier expected to equal or exceed $25,000 and will be a continuing requirement throughout the term of the prime contract.

(1) The prospective lower tier subcontractor certifies, by submission of this offer, that neither it nor its principals is currently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in this transaction by any federal or state department or agency.

(2) Where the prospective lower tier subcontractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.

(c) The Certification required by subparagraph (b), above, shall be included in all applicable subcontracts and a copy kept on file by the Contractor. The Contractor shall be required to furnish copies of certifications to the Contracting Officer upon his or her request.

10. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (RC-110, MAY 07)

(a) By submission of this bid, the bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or with any other competitor, as to any matter relating to such prices;

(2) Unless otherwise required by law, the prices that have been quoted in this bid have not been knowingly disclosed by the bidder and will not be knowingly disclosed by the bidder prior to the opening of bids directly or indirectly, to any other bidder or to any competitor;

and

(3) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

(b) Each person signing this bid certifies that:

(1) He or she is the person in the bidder’s organization responsible for the decision as to the prices being bid herein and that he/she has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above; or

(2) He or she is not the person in the bidder’s organization responsible for the decision as to the prices being bid herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated; and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent does hereby so certify.

11. CERTIFICATION OF NONSEGREGATED FACILITIES (RC-111, MAY 07)

This certification is applicable to federally assisted contracts over $10,000.

(a) By submission of this bid, the bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization,…