IFB_FQ19093_ATC_&_Armored_Power_Cables_-_IDIQ.pdf

Rev. 04/19

Invitation For Bids (Federal)

ATC & ARMORED POWER

CABLES - IDIQ

(Indefinite Delivery/ Indefinite Quantity)

Solicitation IFB No.: FQ19093

BIDS DUE: 2PM Wed. April 24, 2019

FUNDING: Federal

DBE: 1%

Date: April 9, 2019

Margarita Rodriguez Contract Administrator Office of PRMT – Internal Business Operations (IBOP) mdrodriguez@wmata.com

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

mailto:mdrodriguez@wmata.com

Washington Metropolitan Area Transit Authority

IFB: FQ19093

Rev. 04/19

Table of Contents

NOTICE TO BIDDERS

NOTICE TO ALL VENDORS

SOLICITATION, OFFER AND AWARD

PRICE SCHEDULE CONTINUATION SHEET

IFB SOLICITATION INSTRUCTIONS

1. INTRODUCTION

2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

3. COMMUNICATIONS WITH THE AUTHORITY

4. PREPARATION OF BIDS

5. EXPLANATIONS TO BIDDERS

6. PRE-PROPOSAL CONFERENCE

7. AMENDMENTS PRIOR TO DATE SET FOR OPENING OF BIDS

8. ACKNOWLEDGMENT OF AMENDMENTS

9. PREPARATION OF BIDS

10. SUBMITTAL OF BIDS

11. RESPONSIVE BIDS

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

13. BID ACCEPTANCE PERIOD AND BIDDER’S DEFAULT

14. BID GUARANTEE ………….....… [N/A]

15. BID MISTAKE

16. REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

17. LAWS AND REGULATIONS

18. ROYALTY INFORMATION …… [N/A]

19. REQUIREMENT FOR COST DATA FOR CONTRACT AWARD

20. PRE-AWARD INFORMATION/BIDDER RESPONSIBILITY

21. PRE-AWARD RESPONSIBILITY MEETING

22. SITE VISIT/INSPECTION OFFEROR’S FACILITIES

23. BASIS FOR CONTRACT AWARD

24. EQUAL EMPLOYMENT OPPORTUNITY

25. PERFORMANCE/PAYMENT BONDS

26. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS

27. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO BID

28. NOTICE OF PROTEST POLICY

29. WMATA’S TAX EXEMPT STATUS

30. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

31. BRAND NAME OR EQUAL

32. REQUESTS FOR RECORDS

TOC-1

REPRESENTATIONS & CERTIFICATIONS

1. TYPE OF BUSINESS ORGANIZATION

2. AFFILIATION AND IDENTIFYING DATA

3. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

4. DISADVANTAGED BUSINESS ENTERPRISE

5. SMALL BUSINESS ENTERPRISE (MAY 2015)

6. AFFIRMATIVE ACTION COMPLIANCE

7. COVENANT AGAINST GRATUITIES

8. CONTINGENT FEES

9. CLEAN AIR ACT AND CLEAN WATER ACT CERTIFICATION

10. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION

11. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

12. CERTIFICATION OF NONSEGREGATED FACILITIES

13. NONDISCRIMINATION ASSURANCE

14. CERTIFICATION OF RESTRICTIONS ON LOBBYING

15. BUY AMERICA ACT CERTIFICATION

16. CERTIFICATION OF NON-DELINQUENT TAXES

17. DISCLOSURES OF INTERESTS OF WMATA BOARD MEMBERS

18. CRIMINAL BACKGROUND SCREENING CERTIFICATION (QUARTERLY)

19. CERTIFICATION REQUIRED FOR ALL SAFETY-SENSITIVE CONTRACTS

PRE-AWARD EVALUATION DATA

TERMS AND CONDITIONS

CHAPTER I – TERMS AND CONDITIONS

1. AGREEMENT

2. ARRANGEMENT OF CONTRACTUAL PROVISIONS

3. ORDER OF PRECEDENCE

4. REQUIREMENTS CONTRACT ……. [N/A]

5. INDEFINITE QUANTITY CONTRACT

6. ORDERING

7. ORDER LIMITATIONS

9. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

10. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

CHAPTER II – TIME/DELAYS/LIQUIDATED DAMAGES

1. PERIOD OF PERFORMANCE

2. OPTIONS- EVALUATION…….[N/A]

3. OPTIONS- EXERCISE …….. [N/A]

4. OPTION FOR INCREASED OR DECREASED QUANTITIES OF SUPPLIES ….[N/A]

5. OPTIONS TO EXTEND SERVICES …..[N/A]

6. OPTION TO EXTEND THE TERM OF THE CONTRACT

7. OPTIONS EXERCISED OUT OF SEQUENCE….. [N/A]

8. LIQUIDATED DAMAGES FOR DELAY………..….[N/A]

9. EXTENSIONS OF TIME/FORCE MAJEURE

10. THE AUTHORITY’S DELAY

11. NOTICE TO THE AUTHORITY OF LABOR DISPUTES

12. NOTIFICATION OF BANKRUPTCY OR INSOLVENCY

TOC-2

Rev. 04/19

CHAPTER III – ACCEPTANCE/INSPECTIONS/DEFICIENCIES

1. INSPECTION OF SERVICES …….. [N/A]

2. INSPECTION OF SUPPLIES

4. NEW MATERIAL [SUPPLIES]

5. WARRANTY OF SUPPLIES

6. WARRANTY OF SERVICES …….. [N/A]

7. CORRECTION OF DEFICIENCIES

8. FIRST ARTICLE INSPECTION

9. F.O.B. DESTINATION

10. 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

2. TERMINATION FOR DEFAULT- FTA

3. TERMINATION FOR CONVENIENCE- FTA

4. ASSIGNMENT- FTA

5. DISPUTES- FTA

6. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS FOR CONSTRUCTION

ACTIVITIES ……………… [N/A]

CHAPTER VII – INDEMNIFICATION/INSURANCE/RISK OF LOSS

1. INDEMNIFICATION

2. INSURANCE REQUIREMENTS

Insurance Requirements

Off-Site Work and Product Delivery Purchases

3. TITLE AND RISK OF LOSS

4. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS – FTA …. [N/A]

5. VETERANS PREFERENCE- FTA

6. INAPPLICABILITY OF CLAUSES REQUIRING UNAUTHORIZED OBLIGATIONS

CHAPTER VIII – INTELLECTUAL PROPERTY RIGHTS

1. PATENT INDEMNITY

2. SET-OFF

3. RIGHTS IN TECHNICAL DATA – LIMITED ………………………… [N/A]

4. RIGHTS IN TECHNICAL DATA – UNLIMITED

5. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT [SUPPLIES]

TOC-3

Rev. 04/19

CHAPTER IX – ADDITIONAL COVENANTS/LEGAL REQUIREMENTS

1. NONDISCRIMINATION ASSURANCE- FTA

2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME

COMPENSATION

3. WALSH-HEALEY PUBLIC CONTRACTS ACT

4. DAVIS-BACON ACT- FTA …. [N/A]

5. COPELAND ANTI-KICKBACK ACT – FTA

6. CONVICT LABOR

7. COVENANT AGAINST CONTINGENT FEES

8. SEAT BELT USE POLICY

9. SENSITIVE SECURITY INFORMATION

10. LAWS AND REGULATIONS

11. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

12. LIVING WAGE …………..… [N/A]

13. METRIC SYSTEM

14. MANDATORY DISCLOSURE

15. WHISTLEBLOWER PROTECTION – FEDERAL

16. WORKPLACE VIOLENCE/ZERO TOLERANCE

17. DRUG AND ALCOHOL TESTING (FOR SAFETY SENSITIVE FUNCTIONS ONLY) –

FTA ……………………..………[N/A]

19. GRATUITIES

20. OFFICIALS NOT TO BENEFIT

21. ORGANIZATIONAL CONFLICTS OF INTEREST

22. CONTRACTOR PERSONNEL

23. FALSE STATEMENTS, CLAIMS OR SUBMISSIONS

CHAPTER X – MISCELLANEOUS ADDITIONAL PROVISIONS

1. FEDERAL, STATE, AND LOCAL TAXES

2. PUBLIC COMMUNICATION

3. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

4. SEVERABILITY

5. SURVIVAL

CHAPTER XI – ADDITIONAL FEDERAL PROVISIONS

1. NOTIFICATION OF FEDERAL PARTICIPATION- FTA

2. ALL NECESSARY FEDERAL PROVISIONS DEEMED INCLUDED- FTA

3. ACCESS TO THIRD PARTY CONTRACT RECORDS- FTA

4. AMERICANS WITH DISABILITIES ACT ACCESSIBILITY – FTA…[N/A]

5. RIGHTS IN DATA AND COPYRIGHTS — FTA

6. PATENT RIGHTS- FTA ………………………. [N/A]

7. BUY AMERICA ACT- FTA

8. PRE-AWARD AND POST DELIVERY AUDIT REQUIREMENTS – FTA

9. CHARTER BUS REQUIREMENTS- FTA ….. [N/A]

10. SCHOOL BUS REQUIREMENTS- FTA …….. [N/A]

11. BUS TESTING- FTA …………………………. [N/A]

12. CARGO PREFERENCE- FTA

13. CLEAN AIR ACT- FTA

14. CLEAN WATER ACT- FTA

TOC-4

Rev. 04/19

15. RECOVERED MATERIALS/ RECYCLED PRODUCTS- FTA

16. RETAINAGE

17. ENERGY CONSERVATION- FTA

18. CHANGES TO FEDERAL REQUIREMENTS- FTA

19. FLY AMERICA REQUIREMENTS- FTA

20. PAYMENT DEDUCTIONS - NONCOMPLIANCE WITH DBE REQUIREMENTS- FTA

21. GOVERNMENT-WIDE DEBARMENT OR SUSPENSION- FTA

22. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

23. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES- FTA

24. FALSE STATEMENTS OR CLAIMS CIVIL AND CRIMINAL FRAUD- FTA

25. LOBBYING- FTA

26. NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS ARCHITECTURE AND

STANDARDS-FTA…………. [N/A]

27. CONTRACTS INVOLVING FEDERAL PRIVACY ACT REQUIREMENTS- FTA

28. PROGRESS PAYMENTS … [N/A]

29. BONDING FOR CONSTRUCTION PROJECTS EXCEEDING $150,000 – FTA… [N/A]

30. BONDING REQUIREMENTS- GENERAL …....[N/A]

31. SEISMIC SAFETY – FTA……………………… [N/A]

CHAPTER XII-WMATA POLICIES

1. SAFETY REQUIREMENTS

2. PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECK REQUIREMENT……. [N/A] ... 106

3. WORKPLACE VIOLENCE/ZERO TOLERANCE

MID-ATLANTIC COOPERATIVE RIDER CLAUSE

APPENDIX A - Technical Specifications Statement of Work

Section 32 42 49: ATC Signal Wire & Cable

Speed Command Loop Cables

ARMORED POWER CABLE

APPENDIX A-1: Special Provisions

APPENDIX B (DBE)

APPENDIX B-1

SMALL BUSINESS ENTERPRISE PROGRAM (SBE)

COMBINED GLOSSARY OF DEFINITIONS

ABBREVIATIONS

TOC-5

Rev. 04/19

LETTER TO BIDDERS

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (WMATA)

Date: April 8, 2019

SUBJECT: Invitation for Bids (IFB) FQ19093 ATC & Armored Power Cables – IDIQ

Dear Sir/Madam:

The Washington Metropolitan Area Transit Authority (WMATA) seeks to award and Indefinite Delivery/Indefinite Quantity (IDIQ) contract for the supply various cable types, ATC Signal Wire, Speed Command Loop Cables and Armored Power Cables.

Refer to the Unit Price Schedule for complete list.

The cable is required to systematically repair or replace Traction Power Systems, Automatic Train Control (ATC) systems, Communication systems and/or electrical systems. To this end, the Authority is issuing this Invitation for Bid (“IFB”) to solicit bids from qualified firms who can satisfy the requirements of the accompanying contract documents.

Period of Performance: Shall be (5) five years; each year as set forth below.

Base Days – Per Year Year 1st Year From NTP Date 2019 2nd Year 366 Days 2020 (Leap Year) 3rd Year 365 Days 2021 4th Year 365 Days 2022 5th Year 365 Days 2023

Disadvantaged Business Enterprises (DBE) The solicitation includes a DBE goal of 1 % if bid price is $150,000 or more for supply & service contract.

WMATA in compliance with 49 C.F.R, Part 26, as amended, implements positive affirmative action procedures to ensure that all Disadvantaged Business Enterprises have the maximum opportunity to participate in the performance of contracts and subcontracts financed, in whole or in part, with federal funds provided for this project. All bidders shall take all necessary and reasonable steps to ensure the DBE’s have the maximum opportunity, bidders shall not discriminate on the basis of race, color, creed, age, disability, national origin or sex in the award and performance of DOT-assisted contracts.

It is a condition of the contract that all Bidders shall follow the DBE required procedures as set forth in the bid documents section –APPENDIX B– Disadvantaged Business Enterprise (DBE).

Information on the WMATA DBE program can be found at:

https://www.wmata.com/business/small-disadvantaged-business/index.cfm https://www.wmata.com/business/small-disadvantaged-business/index.cfm

Rev. 04/19

DBE Vendor Directory:

https://supplier.wmata.com/psp/supplier/SUPPLIER/ERP/c/WT_CL_SEP_MENU.WT_CL_VDR_DIR_CM P.GBL?Page=WT_CL_VDR_DIR_PG&Action=U

Questions regarding WMATA’s DBE program may be addressed to Mr. Clemon Hammie, DBE Manager, and/or through the following email at DBEHotline@wmata.com.

Bid Documents are available in pdf format can be downloaded free of charge as follows:

WMATA’s website:

https://www.wmata.com/Business/procurement/solicitations/active-procurement-opportunities.cfm

Electronic bid submission “ONLY”, no paper bids will be accepted, via “PROCORE”.

WMATA’s Project Management Software System (PROCORE).

Please refer to the IFB solicitation instructions (10. Submittal of Bids).

IFB Schedule Summary:

Advertise: Tuesday 4/09/2019 WMTA’s Website, FedBizopps, Publications Site Visit: == N/A == Pre-Bid Conference: Tues. 4/16/2019 8100 Professional Place – Hyattsville, MD Questions Due: Wed. 4/17/2019 mdRodriguez@WMATA.COM Bid Opening: Wed. 4/24/2019 PROCORE / Electronic Submission Award Mon. 5/06/2019

If you have any technical, contractual, or administrative questions, please direct them to the following contract administrator:

Margarita Rodriguez, Contract Administrator Email: mdRodriguez@wmata.com

Bidders are cautioned not to take exceptions or qualify their bid!

Bids must conform to the solicitation requirements.

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

▪ Solicitation, Offer & Award Form ▪ Pre-Award Survey

▪ Amendments (if applicable) ▪ Certificate of Insurance (COI)

▪ Price Schedule Sheet ▪Appendix B (if applicable)

▪ Representations and Certifications ▪Appendix B-1 (if applicable)

Basis of Award: Fixed Price with economic price adjustment (FP w/EPA), IDIQ unit pricing;

seeking to award each Category (A) & (B).

https://supplier.wmata.com/psp/supplier/SUPPLIER/ERP/c/WT_CL_SEP_MENU.WT_CL_VDR_DIR_CMP.GBL?Page=WT_CL_VDR_DIR_PG&Action=U https://supplier.wmata.com/psp/supplier/SUPPLIER/ERP/c/WT_CL_SEP_MENU.WT_CL_VDR_DIR_CMP.GBL?Page=WT_CL_VDR_DIR_PG&Action=U mailto:DBEHotline@wmata.com https://www.wmata.com/Business/procurement/solicitations/active-procurement-opportunities.cfm mailto:mdRodriguez@WMATA.COM mailto:mdRodriguez@wmata.com

Rev. 04/19

Contract(s) will be awarded to the responsible and responsive bidder(s) offering the lowest total price for each category and Grand Total Price for all 5 years, as indicated in the contract documents.

Quantities in price schedule sheet; - are estimates only; actual quantities ordered may vary;

- quantities are for the purpose of establishing basis for award and establishing unit prices for each cable listed;

NOTE: Unit pricing “must” be entered on each bid line item (per Category), in order to be eligible for award(s).

This project will be funded by multiple sources, funding by the Federal Transit Administration (FTA);

which is subjected to federal requirements as set forth in the bid documents. Bids will be received and reviewed, upon all of the required specifications (bid submission, evaluations, pre-award, and contract award).

Sincerely, Margarita Rodriguez, Contract Administrator Office of PRMT – Internal Business Operations (IBOP)

Margarita Rodriguez Contract Administrator III Procurement & Materials - Construction

Digitally signed by Margarita Rodriguez DN: cn=Margarita Rodriguez, o=WMATA, ou=Office of Procurement & Materials, email=mdRodriguez@WMATA.com, c=US Location: WMATA -JGB - 4th Floor (#403A) Date: 2019.04.08 20:59:04 -04'00' http://www.wmata.com/

Rev. 03/19

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 pages with solicitation number and addressed it to the Contract Administrator Margarita Rodriguez?

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

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: https://www.wmata.com/business/procurement/vendor-resources.cfm

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.

https://www.wmata.com/business/procurement/vendor-resources.cfm mailto:clm@wmata.com

Contract No.: FQ19093 SUPPLY AND SERVICE CONTRACT (IDIQ) Date: April 8, 2019

SOLICITATION, OFFER AND AWARD

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

4/9/2019 Office of Procurement 600 Fifth Street NW

Washington, DC 20001 X ADVERTISED NEGOTIATED

SOLICITATION

Sealed offer of electronic bid submission through “PROCORE” for furnishing the supplies or services in the schedules will be received at Authority until WED. 2:00 P.M. Local time April 24, 2019 (Hour) (Date) 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:

1. The Solicitation Instructions that are attached.

2. The Terms and Conditions that are attached.

3. The Price 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

SCHEDULE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE CATEGORIES

(BASIS FOR AWARD TOTAL)

See – Price Schedule Sheet 1 thru 11 ATC Cables

(A) $______________ 12 Cable for Speed Command Loops

13 thru 16 Armored Power Cables

(B) $_____________

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)

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): UNIT PRICES

ITEM NO. QUANTITY UNIT AWARD CATEGORY/CATEGORIES

ATC CABLES

ARMORED POWER CABLES

See Price Schedule Sheet

(Unit Prices – FP w/EPA)

The total amount of this award is $

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

PRICE SCHEDULE CONTINUATION SHEET

Prices on the Price Schedule Sheets submitted must include all associated costs, including but not limited to, delivery, freight, travel, markups, overhead, & profit.

Price Escalation – The Unit Prices on Price Schedule Sheet shall be subject to two price escalation factors:

Copper Prices and Non Copper Component Prices. (See Special Provisions)

All installation components of technical specifications have been strike-through as installation of the cable is

NOT IN CONTRACT (N.I.C).

Rev. 03/19

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET

THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENTS

TO SOLICITATION IFB No.: FQ19093

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

Print (Name/Title)

Company Name

Date: ______________

SOLICITATION INSTRUCTIONS

IFB SOLICITATION INSTRUCTIONS

1. INTRODUCTION

(a) The Authority seeks to issue up to (2) two awards under this contract to provide various cable types as stated in the “Price Schedule” categories (A) and (B).

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 (Note: Please see page 19, #23 Basis for Contract Award).

(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) In the event that the Contractor is unable or otherwise fails to provide goods or services within the time frames required in this Contract, the Authority reserves the right to procure them from any other source and in any other manner it deems appropriate. Nothing contained herein shall be deemed to waive, modify or impair the Authority’s right to treat such failure as a material breach of the Contractor’s obligations pursuant to the “Default” article of this Contract, or to pursue any other remedy to which the Authority may be entitled pursuant to this Contract, at law or in equity.

(e) INDEFINITE QUANTITY

This solicitation seeks to award an indefinite-quantity contract or contracts for the supplies or services specified, and effective for the period of performance stated in the Price Schedule.

The quantities of supplies and/or services specified in the Price Schedule are estimates only and are not guaranteed purchased amounts under this Contract. Failure to order the amounts estimated will not create any contractual right to price renegotiation.

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:

Margarita Rodriguez, Contract Administrator mRodriguez@wmata.com

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 proposals or lack of such information would be otherwise prejudicial to other prospective bidders. Bidders must acknowledge receipt of all amendments on the form provided.

mailto:mRodriguez@wmata.com

Rev. 04/19

(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-PROPOSAL CONFERENCE

For the purpose of clarifying the requirements of this IFB, a pre-bid conference will be held to respond to questions by prospective bidders.

This pre-proposal conference will be held at 11:00 am est. on Tuesday April 16, 2019.

Location: Washington Metropolitan Area Transit Authority (WMATA)

8100 Professional Place Hyattsville, MD 20785

It is requested that bidders submit their questions in writing, whether in advance of the meeting or during the meeting. Questions from the floor, however, are permissible.

NOTE: There will be no Site tour.

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; electronic signed documents are acceptable in accordance with “ESIGN” Act, and UETA Act (please see submittal of bids for more details).

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. Submittal of prices for all items on the Price Schedule is not required. Bidders shall insert the words “NO BID” in the space provided for any item for which no price is submitted.

PLEASE NOTE: Contract award for any category will not be considered if any item is “NO BID” within that category. Unit pricing “must” be submitted on each bid line to be eligible for category award.

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.

Bids will be reviewed for complete conformance in accordance with the bid documents. Bids that do not comply with the referenced instructions and requirements and do not include the required submittals may be rejected as being non-complaint.

10. SUBMITTAL OF BIDS

a. Electronic Bid Submission through “PROCORE”.

A mechanism which allows bidders/vendors to electronically submit bids.

b. Bidders are responsible and must ensure that its submission in “PROCORE” can be accessed.

Please contact the Contract Administrator via email: mdRodriguez@wmata.com Providing the following information:

Company Contact(s) Name/Title Telephone Number(s) Address Address Email Web-site NOTE: Please provide more than 1 contact.

You will receive a “Welcome to PROCORE” email, which will enable you to create your password (for first time users).

c. Facsimile bids will not be considered.

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

e. BID Format

Any statement in this document that contains the word “will”, “must” or “shall” means that compliance with the intent of the statement is mandatory, and failure by the bidder to satisfy that intent will cause the bid to be rejected.

All bid pricing must be United States dollars and cents.

Bids will only be accepted in the English language.

f. Bidders must execute required signature pages with personnel that is authorized to bind contractual agreement(s) as follows:

1) Sole Proprietor (Individual or sole Proprietor)

The Bid must be executed with a handwritten signature by the owner.

2) Partnership (General, Limited or other Partnership) The Bid must be executed with a handwritten signature by a general partner of that partnership.

3) Joint Venture (JV) (Cooperative Agreement) The Bid must be executed with a handwritten signature by each member or, in lieu thereof, by a member of the joint venture expressly designated as the authorized signatory on behalf of all the joint ventures as evidenced by supporting documentation submitted with the Bid and satisfactory as to form and substance to WMATA.

4) Corporation (Corporation or Business Trust) The Bid must be executed with a hand written signature by either the president, vice president, secretary, assistant secretary, treasurer, or assistant treasurer of the corporation or business trust.

5) Other

If any general partner or joint venture executing the Bid is a corporation or business trust, the Bid must be signed on behalf of such general partner or joint venture by a duly authorized officer, trustee, director or other representative of such general partner or joint venture and must be accompanied by supporting documentation evidencing such authorization and satisfactory as to form and substance to WMTA.

In the event that the Bid is signed by a person other than the aforementioned listed, then the Bid must contain supporting documentation, satisfactory as to a form and substance to WMATA, authorizing said person to bind the entity in contractual matters.

Example: Corporation shall submit a copy of the resolution adopted by the Board of Directors and certified to by the secretary of the corporation or business trust.

g. Electronic submission:

Each bidder shall be deemed to have electronically signed documents in accordance with the applicable provisions recognized as valid under U.S. Law are as follows:

• Electronic Signatures in Global and National Commerce Act1 (“ESIGN” or “the Act”), 15

U.S.C. §§ 7001-7006.

• Uniform Electronic Transactions Act (1999 Act).

§ 28-4905 Construction and Application § 28-4906 Legal recognition of electronic records, electronic signatures, and electronic contracts.

NOTE: Original signature documents will have to be mailed to the Contract Administrator.

h. Contractual: The contractual documents shall contain the following, fully executed;

Bid Submittal: Solicitation, Offer and Award form, Price Schedule sheet(s), Addendums (if applicable), Certification and Representations.

Pre Award: Pre-Award Evaluation Data form (completed as instructed).

Insurance Requirement(s) with Exhibit “A”.

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.

Any failure by the Bidder to carefully and completely review the Bid Documents, any conditions potentially affecting the supplies/duties or to acquaint itself with all available information shall not relieve bidder(s) it from responsibility for estimating properly nor relieve the bidder(s) from responsibility for successfully executing orders without additional expense to WMATA.

Submittal of a bid shall signify that the bidder has accepted in whole the agreement, except such conditions, exceptions, reservations and understanding explicitly, fully and separated in the bid.

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) The only acceptable evidence to establish the time of receipt by the Authority’s the time/date stamp of that electronic event on the bid or any other documentary evidence of receipt maintained by the Authority or through

“PROCORE”.

(2) 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) (2) 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]

[NOT APPLICABLE]

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

A successful bidder must maintain sufficient facilities that will allow it to adequately perform Contract as specified herein. WMATA may make site visits prior to Contract award to examine the bidder’s facilities. This will include required verification and inspection of steel products (if applicable) and also to verify that necessary equipment, supplies, etc. are readily available.

http://www.sam.gov/

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.

BASES FOR

AWARD

UNIIT PRICING – “MUST” be entered on all line items (Per each Category)

Category ( A ) ATC Signal Cable Bid Lines 1 through 11

Single Conductor Speed Command Loop Cable

Bid Line 12

Category ( B ) Armored Power Cables Bid Lines 13 through 16

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.

Contract(s) will be awarded to the responsible and responsive bidder(s) offering the lowest total price for each listed category; Grand Total Price for all five years, as indicated in the contract documents.

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

26. 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 1% unless a good faith waiver is requested and approved.

(a) If the proposal is over $150,000, in order for the offeror 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 Venturer (If applicable)

DBE Unavailability Certification (Where applicable)

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

(b) If this Contract involves 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 its bid is acceptable.

The provisions of Appendix B (if attached) do not become applicable and forms do not have to be completed, unless the total bid price is $150,000 or more. If the bid is $150,000 or more and any portion of the submittal 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 ensure that its bid is acceptable.

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 Section 78 of the WMATA Compact, as adopted by the District of Columbia (D.C. Official Code § 9-1107.01 et seq.), the State of Maryland (Md. Transportation Code §10-204), and the Commonwealth of Virginia (Code of Virginia § 33.2-3100 et seq.) and consented to by the U.S. Congress in Pub. L. 89-774, 80 Stat. 1324 as amended, WMATA 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) WMATA shall not be required to pay late charges, interest, fines or penalties or any other form of pre-judgment.

(c) By submission of its proposal, the offeror certifies that none of the taxes that the Authority is exempt from are included in its bid or cost proposal.

(d) WMATA shall not be responsible for social security taxes, other employment taxes, income tax, gross receipts taxes or franchise taxes imposed on the contractor.

(e) The contractor shall notify the Contracting Officer within in 30 days of discovery of, or within

30 days of when an event should have been discovered, of matters that may result in either an increase or decrease in the Contract price under this clause and shall take action as the Contracting Officer directs. WMATA shall be entitled to a reduction in the Contract price reflecting such amount and a refund of monies paid related to such taxes, plus applicable interest.

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…