FQ19050_-_Towable_Air_Compressors_(Revised).docx

Washington Metropolitan Area Transit Authority Solicitation ID:

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Invitation For Bids (Federal)

Towable Air Compressors

NAICS – 333912 Air and Gas Compressor Manufacturing

THIS IS A FEDERALLY FUNDED PROCUREMENT, SUBJECT TO THE BUY AMERICA ACT. PLEASE REVIEW THE BUY AMERICA REQUIREMENTS.

IFB No.: FQ19050/WJ (CTRST18117)

Issue Date: October 26, 2018

Bid Due Date: December 5, 2018 at 2:00PM

This IFB contains a 0% DBE Goal

Date:

Rev. 04/18

TABLE OF CONTENTS

Date: October 26, 2018

SUBJECT: IFB No. FQ19050/WJ

Dear Sir/Madam:

The Washington Metropolitan Area Transit Authority (WMATA) is seeking bids from qualified contractor to deliver eight (8) Towable Air Compressors to utilize for Grout Pad Rehabilitation for WMATA's Office of Track & Structures (Structures Production).

NOTE---THIS IS A FEDERALLY FUNDED SOLICITATION. This IFB contains a 0% percent DBE goal.

A pre-bid conference will not be held. Your company’s bid must be submitted in accordance with the IFB’s terms and delivered to WMATA’s, Office of Procurement and Materials, 600 Fifth Street, NW, Room 3C-02, Washington, DC 20001-2651, no later than 2:00 p.m. on December 05, 2018.

If you have any technical, contractual, or administrative questions, please e-mail them to WJohnson3@wmata.com no later than close of business, November 28, 2018. WMATA will provide written answers by e-mail to all those who obtain the IFB and provide their e-mail addresses.

The following documents must be completed, signed and submitted with your company’s bid:

Price Schedule;

Solicitation, Offer & Award form;

Pre-Award Survey;

Representations and Certifications;

Certificate(s) of Insurance;

Appendix B (if applicable);

Appendix B-1 (if applicable).

Sincerely, Contracting Officer Office of Procurement and Materials

INTRODUCTORY INFORMATION

SOLICITATION CERTIFICATIONS PAGE

FQ19050/WJ

TOWABLE AIR COMPRESSORS

APPROVED FOR RELEASE

END OF SECTION

Washington Metropolitan Area Transit Authority

IFB: FQ19050/WJ

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 company’s bid for each of the following common responsiveness problems:

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

2. If amendments are included, has your company acknowledged and recorded the number of amendments on the bid envelope and bid form?

3. Has your company signed and submitted the Solicitation, Offer & Award page(s)?

4. Has your company properly completed and checked the appropriate box for each Certification and Representation? Have you included the Representations and Certifications with your company’s bid?

5. Has your company completed and included the Pre- Award Data form?

6. Has your company complied with the Appendix B or B-1 requirement (if applicable)?

7. Has your company marked the bid envelope with solicitation number and addressed it to the Contract Administrator (William Johnson).

8. Has your company included copies of any required Certificate(s) of Insurance?

THIS IS A FEDERALLY FUNDED PROCUREMENT, SUBJECT TO THE BUY AMERICA ACT. PLEASE REVIEW THE BUY AMERICA REQUIREMENTS AND RESPOND APPROPRIATELY TO THE REPRESENTATIONS AND CERTIFICATIONS (SECTION 15, PGS 26-27) THIS IFB CONTAINS A 0% PERCENT DBE GOAL.

Note: 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 other jurisdictions.

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 sent to clm@wmata.com.

SOLICITATION, OFFER AND AWARD

Office of Procurement 600 Fifth Street NW Washington, DC 20001

NEGOTIATED

SOLICITATION

If this is an advertised solicitation, offers will be publicly opened at that time.

CAUTION – LATE OFFERS: See paragraph 6 of Solicitation Instructions.

All offers are subject to the following:

Bidder’s e-mail Bidder’s phone number Bidder’s fax number

PRICE SCHEDULE

SEE “PRICE SCHEDULE CONTINUATION SHEET”

(Continued on the attached pages)

DUN & BRADSTREET ID NUMBER:

BIDDER

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

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

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):

The total amount of this award is $

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

SUPPLY AND SERVICE CONTRACT IFB FQ18202/WJ

PRICE SCHEDULE CONTINUATION SHEET

Name

Measure

Price ($)

Total Price ($)

Portable Air Compressor – Doosan Model P425/HP375WCU-T4F Towable Air Compressor or Equal– DELIVERED

SHIPPING and HANDLING (Carmen Turner Facility (CTF)– Per “Scope of Work -Performance Schedule”

Grand TOTAL:

ARE YOU ABLE DELIVER THE AIR COMPRESSORS WITHIN 15 DAYS AFTER THE NOTICE TO PROCEED?

YES_______ NO_______

DOES YOUR OFFER MEET ALL THE SPECIFICATIONS AS DETAILED IN THE SCOPE OF WORK?

YES_______ NO_______

IF NO, EXPLAIN IN DETAIL THE AIR COMPRESSOR EXCEPTIONS AND HOW YOUR SOLUCTION MEETS OR EXCEEDS THE REQUIREMENT.

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET

THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENTS

TO SOLICITATION IFB FQ19050/WJ

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Failure to acknowledge receipt of all amendments may render the bid unacceptable.

Authorized Signature

Company Name

Date

SOLICITATION INSTRUCTIONS

SUPPLY AND SERVICE CONTRACT IFB FQ19050/WJ

IFB SOLICITATION INSTRUCTIONS

1. INTRODUCTION

(a) The Authority seeks to award a contract to purchase (8) Towable Air Compressors to utilize for Grout Pad Rehabilitation for WMATA's Office of Track & Structures (Structures Production). The Air Compressors will be delivered to Camron Turner Field. To that end, WMATA is issuing this Invitation for Bids (IFB) to solicit bids from qualified firms and individuals who can satisfy the requirements of the Contract.

(b) Since 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. Unless otherwise specified in the Price Schedule, the Authority reserves the right to make multiple awards pursuant to this solicitation.

(d) REQUIREMENTS CONTRACT (N/A)

(f) INDEFINITE QUANTITY (N/A)

2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

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 Contract and include the services to be furnished, together with any labor, materials or other work necessary for satisfactory and complete performance.

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

(c) Contractor agrees that Project property will remain available to be used for its originally authorized purpose throughout its useful life or disposition.

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 IFB and Contract award, must be directed to the Contract Administrator as follows:

William Johnson – 202-962-2702 WJohnson3@wmata.com (EMAIL STRONGLY PREFERRED)

A violation of this provision, deemed willful by the Authority, may result in a determination that an offeror is not responsible, and thus ineligible for award, for purposes of this and/or future Authority solicitations.

4. PREPARATION OF BIDS

(a) Bidders shall furnish all information requested by the solicitation and, in so doing, are expected to examine the IFB and all referenced documents carefully. Failure to do so will be at bidder’s risk.

(b) The bidder shall sign the solicitation and print or type its name on the Price Schedule and on each continuation sheet, if an entry has been made. Erasures or other changes must be initialed by the person signing the bid.

(c) Bidders must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the solicitation.

(d) Bidders should be aware that all prices for the work shall be deemed to include the cost of all work, labor and materials required by the Contract including, without limitation, delivery charges, insurance, bond premiums or any other expenses required by this Contract, as well as expenses associated with compliance with Federal, State or local laws or regulatory requirements. All prices are deemed to be F.O.B. Destination.

5. EXPLANATIONS TO BIDDERS

(a) Any explanation desired by a bidder regarding the meaning or interpretation of the solicitation or Contract including, without limitation, the terms and conditions, technical specifications or Scope of Work, and Contract drawings, must be requested in writing with sufficient time allowed for a reply to reach all bidders before the date that bids will be opened. Absent extraordinary circumstances, all inquiries must be transmitted in a time frame to ensure the Contracting Officer’s receipt at least ten (10) days prior to the date specified for bid opening. All such requests must be submitted via e-mail or first-class mail to the Contract Administrator identified in Paragraph 3. Include the IFB number and Contract title in any correspondence.

(b) Any information that the Authority furnishes to a prospective bidder relating to this solicitation will be provided in writing to all prospective bidders in the form of an amendment if, in the Contracting Officer’s judgment, 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. Bidders must acknowledge receipt of all amendments on the form provided.

(c) Oral explanations, representations or instructions of any kind relating to the subject matter of this solicitation given at any time before award of the Contract by any employee, officer or agent of the Authority, will not be binding upon the Authority. The Authority does not assume responsibility for the accuracy of any such communication.

(d) The failure of a prospective bidder to request an explanation will serve to preclude it from claiming any ambiguity, inconsistency or error that should have been discovered by a reasonably prudent bidder.

6. PRE-BID CONFERENCE – N/A

7. AMENDMENTS PRIOR TO DATE SET FOR OPENING OF BIDS

(a) The Authority reserves the right to amend any of 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. Copies of any such amendments as may be issued will be furnished in writing to all prospective bidders.

(b) If, in the Contracting Officer’s judgment, any amendment(s) would require material changes in bid quantities and/or price, the date set for bid opening may be postponed for such period that, in the Contracting Officer’s opinion, will enable bidders to revise their bids. In such instances, the amendment will include an announcement of the new date for bid opening.

(c) In the event of an amendment, all other terms and conditions of the solicitation shall remain unchanged.

8. ACKNOWLEDGMENT OF AMENDMENTS

Bidders are required to acknowledge receipt of all amendment(s) to the solicitation on the designated form to be submitted with their bid.

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

9. 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 all attached documents. 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 the Authority will apply it, if payment is made within the discount period referenced in the bid.

d. The Price Schedule may include prices for one or more items that are unit prices, lump sum bids, alternate prices, or a combination thereof. The Price Schedule expressly requires a bid on 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, including without limitation, delivery charges, insurance, container charges or any other expenses incidental to the work, including, but not limited to expenses associated with compliance with Federal, State or local laws or regulatory requirements. All bid prices are deemed to be F.O.B. Destination.

f. Unless specifically permitted by the Price Schedule, alternate bids will not be considered.

10. 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 must show the hour and date specified in the solicitation for bid opening, the solicitation number, and the bidder’s name and address. Failure to follow these instructions may result in a premature opening of, or a failure to open, a bid, for which, the Authority assumes 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.

11. 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 non-responsive.

b. The Contracting Officer may reject a bid as nonresponsive if, in his or her judgment, the bid prices are materially unbalanced. Bid prices are materially unbalanced when they are significantly understated for one (1) or more element(s) of work and significantly overstated for other element(s) of work.

c. The Authority reserves the right to waive minor errors or omissions in a bid and to deem it responsive.

12. 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 bid opening 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 day before the date specified for receipt of bids (For example, a bid submitted in response to a solicitation stating that bid opening will be on the 20th of the month must have been mailed by the 15th);

(2) Was sent by first class mail and the Contracting Officer determines 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 opening 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) through (a) (3) above.

c. The only acceptable evidence to establish the time of the 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 subparagraph (a), 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 its authorized representative, if the representative’s identity is established to the Contracting Officer’s satisfaction 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.

13. 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 to award a Contract pursuant to this solicitation for not less than the acceptance period. The bidder’s failure to furnish required documents and/or to 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 bid price and the price WMATA ultimately pays for the work encompassed in this solicitation, whether through award of a Contract to another bidder, pursuant to this solicitation or otherwise.

14. BID GUARANTEE (N/A)

15. BID MISTAKE

a. A bidder who seeks to withdraw its bid subsequent to bid opening due to a claimed mistake or error in its preparation shall notify the Contracting Officer, in writing, immediately upon realizing the mistake, but not later than three (3) business days following bid opening. Such notification must set forth the details of, and explanation for, the claimed mistake. The Contracting Officer 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 Contracting Officer 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, at the Contracting Officer’s request, appear before one (1) or more designated Authority representative(s) 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 preclude the Contracting Officer from allowing a bidder to cure a deficiency in an otherwise responsive bid where he or she determines that such deficiency is in the nature of a minor informality or irregularity.

16. REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

All bidders shall check or complete all applicable boxes or blocks, and provide all requested information, and signatures 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 its bid. Failure to do so may result in the bid being rejected as nonresponsive.

17. LAWS AND REGULATIONS

Bidders are responsible for complying with any and all applicable State of Maryland, Commonwealth of Virginia, District of Columbia, and Federal laws and regulations governing the services to be provided under this Contract. Further, the successful bidder 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.

18. ROYALTY INFORMATION (N/A)

19. 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 comprise the bid prices. In such instances, the apparent low bid may, at the discretion of the Authority, be subject to audit.

20. PRE-AWARD INFORMATION/BIDDER RESPONSIBILITY

(a) In order to be eligible for award of a Contract, a bidder must affirmatively demonstrate to the Contracting Officer’s satisfaction that it is responsible for purposes of this solicitation. Such demonstration must include a showing that it maintains the requisite integrity, overall technical expertise and experience, (including prior performance on other Authority contracts or contracts with other government agencies), and sufficient financial resources to perform the Contract in a timely, satisfactory and appropriate manner. Failure to so demonstrate may result in 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 Contract award.

(b) The Contracting Officer may conduct a pre-award survey and/or take other actions to obtain information regarding the apparent low bidder’s responsibility. The apparent low bidder shall promptly supply information that the Contracting Officer requests regarding its responsibility, in such manner and form as he or she requests.

(c) Among other items, the apparent low bidder shall furnish the following when the Contracting Officer requests:

(1) A completed and signed “Pre-Award Evaluation Data” form (copy attached), including all referenced financial statements and information;

(2) Evidence of good standing in the System for Award Management (SAM) at www.sam.gov.

(3) Disadvantaged Business Enterprise data as set forth in Appendix B. The submittal of certain items and request for waiver (if applicable) are required if the bid is $150,000 or greater. Failure to submit forms B-12, B-13, and/or to request waivers (if applicable) may cause the bid to be rejected. A bidder’s failure to supply this information or otherwise fully cooperate with the Authority’s inquiry may result in a determination that the bidder is not responsible for purposes of this solicitation and thereby ineligible for award.

(4) Small Business Enterprise (SBE) documentation (if applicable) as set forth in Appendix B-1. The bidder’s failure to supply this information or otherwise fully cooperate with the Authority’s inquiry may result in a determination that the bidder is not responsible for purposes of this solicitation and thereby ineligible for award.

21. PRE-AWARD RESPONSIBILITY MEETING

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

22. SITE VISIT/INSPECTION OFFEROR’S FACILITIES (N/A)

23. BASIS FOR CONTRACT AWARD

a. Award(s) of this Contract will be made based solely on the lowest price as stated in the Price Schedule, to the bidder(s) (i) whose bid is judged to be responsive to the terms of the solicitation and (ii) who demonstrates to the Contracting Officer’s satisfaction 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. The Authority reserves the right to reject all bids and cancel this solicitation at any time prior to award.

d. 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. PERFORMANCE/PAYMENT BONDS (N/A)

26. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS – N/A

27. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO BID

The Washington Metropolitan Area Transit Authority hereby notifies all prospective bidders that it will affirmatively ensure that disadvantaged minority business enterprises will be afforded full opportunity to submit bids in response to this solicitation and will not be discriminated against on the basis of race, color, creed, sex, religion, national origin, disability, sexual preference and/or gender identity in consideration for award.

28. NOTICE OF PROTEST POLICY

(a) The Authority’s procedure for the administrative resolution of protests is set forth in Chapter 17 of WMATA’s Procurement Procedures Manual (PPM). The procedures contain strict rules for filing a timely protest, for responding to a notice that a protest has been filed, and other procedural matters.

(b) The basis on which FTA will review a grantee’s protest decision is defined in §17-8. FTA will generally exercise discretionary jurisdiction over cases deemed to involve issues important to the overall third party contracting program. FTA’s decision to decline jurisdiction over a protest does not imply approval of or agreement with the agency’s decision or that FTA has determined that this Contract is eligible for Federal participation.

(c) Alleged violations must be submitted to the Contracting Officer who will administratively decide the protest.

(d) The United States District Courts for the Districts of Maryland, Virginia and the District of Columbia, and the local courts in Maryland, Virginia and the District of Columbia have jurisdiction over court actions concerning protest decisions.

29. WMATA’S TAX EXEMPT STATUS

(a) Pursuant to Article XVI, Paragraph 78, of the Washington Metropolitan Area Transit Authority’s 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 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) By submission of its bid, the bidder certifies that none of the taxes that the Authority is exempt from are included therein.

30. 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.

31. BRAND NAME OR EQUAL

(a) If items called for by this IFB have been identified in the Price Schedule by 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 bids and the Authority determines that they fully meet the salient characteristics (physical, functional, or performance) requirements in the IFB.

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

(c) If the bidder proposes to furnish an "equal" product, a description of the product to be furnished shall be placed in the space provided in the IFB, or such product shall be otherwise clearly identified in its bid. The Authority, at its sole discretion, must be able to determine equality without an extensive evaluation. Thus, if the bidder has some information demonstrating equality of the proposed equal, such as acceptance by another transit agency, it should submit such documentation with its bid.

(d) CAUTION TO BIDDERS. WMATA is not responsible for locating or securing any information that is not identified in its bid and reasonably available to the Authority. The offeror must furnish as a part of its proposal all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the Authority’s determination.

(e) The information furnished may incorporate by specific reference, information previously furnished or otherwise available to the Authority.

32. REQUESTS FOR RECORDS

The Washington Metropolitan Area Transit Authority (WMATA), in the regular course of business, may receive from the public, including prospective vendors and bidders, requests for records on a variety of topics. It is WMATA’s policy to make official agency records, including electronic records, available to the public, unless specifically prohibited by WMATA’s policy or applicable laws.

(a) “Records” means any existing writings, drawings, maps, recordings, tapes, film, microfilm, correspondence, forms, cards, photographs, optical disks, photo copies, and records stored by computer (electronic records) that are made or received by WMATA in connection with a public contract. A record does not include uncirculated personal notes, papers, electronic records and any other records that were created and retained solely as work papers for personal use of the Contracting Officer, Contract Administrator or other WMATA employee.

(b) WMATA’s contracting process allows for the release/posting of certain information concerning this Contract after its award. This includes the name of the successful bidder and the amount of the award. This information is available on WMATA’s website under “Business with Metro” or directly from the Contract Administrator.

(c) Upon WMATA’s request, the successful bidder shall be required to provide a redacted copy of its bid with confidential and proprietary information redacted.

(d) After the award is announced, the winning bid may be subject to release under WMATA’s Public Access to Records Policy (PARP).

(e) When WMATA determines that a bid will be of wide public interest, WMATA will post the redacted bid on its website. When WMATA receives three (3) or more requests for a successful bid, WMATA will post it on its website.

(f) Requests for Records that are not made available during the procurement process will be submitted in accordance with the PARP. Requests must be in writing and sent by mail to the Office of General Counsel, Washington Metropolitan Area Transit Authority, 600 Fifth Street, NW, Washington, D.C. 20001, or by electronic mail at parpprivreq@wmata.com or by facsimile to the attention of the PARP Administrator at (202) 962-2550. If a request for records is sent directly from the requestor to a Contract Administrator, department, or independent office, that entity shall immediately forward the request to the PARP Administrator in the Office of General Counsel. If records are subject to a PARP request, a member of the PARP team will contact the company to begin the PARP document review process, which includes providing detailed written justifications for any information for which exemptions are claimed.

(g) Neither WMATA’s bidding process nor the PARP process generally allow for the release of information that would cause competitive harm to the bidders, other organizations, WMATA’s employees, or interests. Information that will be withheld includes the following:

(h) If your company’s records are subject to a PARP request (i.e., if it is the successful bidder), a broad claim of confidentiality for the entire bid is rarely acceptable, and will likely be rejected during the PARP process. Therefore, WMATA suggests that you narrowly identify your confidential/proprietary information based on the following guidance:

(i) Information that may be withheld/redacted: Detailed pricing except bottom line offer amounts;

(j) Public information subject to release:

REPRESENTATIONS & CERTIFICATIONS

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

1. TYPE OF BUSINESS ORGANIZATION

By submission of this offer, the offeror 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 _________________.

Title

Company

Date

2. AFFILIATION AND IDENTIFYING DATA

Each offeror shall complete 2.1, 2.2 if applicable, and 2.3 below, representing that:

2.1 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 offeror. To own another company, means that 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 the offeror’s basic business policy decisions, such other company is considered the parent of the offeror. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, Contractual arrangements or otherwise.

2.2 If the offeror 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)

2.3 If the offeror 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. N. of its parent company).

Offeror E.I. N.: ____________ or, Parent Company's E.I. N.: ______

Title

Company

Date

3. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

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

3.1 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

3.2 It [ ] has, [ ] has not, filed all required compliance reports; and

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

Title

Company

Date

4. DISADVANTAGED BUSINESS ENTERPRISE

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

4.1 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, in which 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 Individual" is defined in Appendix B. Notice of Requirements for Disadvantaged Business Enterprise (DBE). By submission of this offer, the offeror represents that:

4.2 It [ ] is, [ ] is not, currently certified by Metropolitan Washington Unified Certification Program (MWUCP) as a disadvantaged business enterprise.

4.3 Special Certification Requirements for Transit Vehicle Manufacturers. Each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA funded transit vehicle procurements, must certify that it has complied with the DBE requirements of 49 C.F.R. Part 26.

The offeror represents that it [ ] is or [ ] is not a transit vehicle manufacturer and [ ] has or [ ] has not complied with the DBE requirements of 49 C.F.R Part 26.

Title

Company

Date

5. SMALL BUSINESS ENTERPRISE (MAY 2015)

“Small Business Enterprise” means a for profit small business concern that is at least fifty one percent (51%) owned by one (1) or more individual(s) who are economically disadvantaged. “Economically Disadvantaged Individual” is defined in Appendix B-1, Definitions, in Notice of Requirements for Small Business Enterprise (SBE) Program.

5.1 It [ ] is, [ ] is not, a small business enterprise. A firm must be a small business as defined by the U.S. Small Business Administration (SBA) by applying current SBA business size standards found in 13 C.F.R. Part 121 that are applicable to the type of work the firm seeks to perform in USDOT assisted contracts. The fifty one percent (51%) owner must be a U.S. citizen or permanent resident. A firm must be organized for profit in order to be eligible for SBE certification. The firm’s average gross receipts cannot exceed the overall USDOT size standard for a small business [$23.98 million averaged over the three (3) previous fiscal years or part of year that the business has been in existence.] Set forth in 49 C.F.R. § 26.65, at least fifty one percent (51%) of the firm’s ownership must be held by individuals who meet the personal net worth (PNW) cap of $1.32 million as prescribed by 49 C.F.R. § 26.67.

5.2 It [ ] is, [ ] is not, currently certified by WMATA as a small business enterprise.

Title

Company

Date

6. AFFIRMATIVE ACTION COMPLIANCE

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 offer, the offeror represents that:

6.1 It has a workforce of employees.

6.2 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 C.F.R. §§ 60.1 and 60.2), or

6.3 It [ ] has not previously had contracts subject to the written affirmative action program requirements of the rules and regulations of the U.S. Secretary of Labor.

Title

Company

Date

7. COVENANT AGAINST GRATUITIES

By submission of this offer, the offeror certifies, and in the case of a joint offer, 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 Board member, employee or agent of the Authority with the view toward securing favorable treatment in the awarding, or administration of this Contract.

Title

Company

Date

8. CONTINGENT FEES

By submission of this offer, the offeror certifies, and in the case of a joint offer, each party…