IFB_FQ19130SP_Metered_Concrete.doc

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Table of Contents

1NOTICE TO BIDDERS

2NOTICE TO ALL VENDORS

3SOLICITATION, OFFER AND AWARD

4PRICE SCHEDULE CONTINUATION SHEET

10IFB SOLICITATION INSTRUCTIONS

101.

INTRODUCTION

102.

GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

103.

COMMUNICATIONS WITH THE AUTHORITY

114.

Preparation OF BIDS

115.

Explanations To BIDDERS

126.

Pre-Proposal Conference

127.

AMENDMENTS prior to date set for OPENING of BIDS

128.

Acknowledgment of Amendments

129.

PREPARATION OF BIDS

1310.

SUBMITTAL OF BIDS

1311. RESPONSIVE BIDS

1312.

LATE BIDS AND MODIFICATIONS OR WITHDRAWALS PRIOR TO BID OPENING

1413.

BID ACCEPTANCE PERIOD AND BIDDER’S DEFAULT

1514.

BID GUARANTEE

1515.

BID MISTAKE

1516.

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

1517.

LAWS AND REGULATIONS

1518.

ROYALTY INFORMATION

1619.

REQUIREMENT FOR COST DATA FOR CONTRACT AWARD

1620.

Pre-Award Information/BIDDER RESPONSIBILITY

1621.

PRE-AWARD RESPONSIBILITY MEETING

1722.

SITE VISIT/INSPECTION OFFEROR’S FACILITIES

1723.

BASIS FOR Contract Award

1724.

EQUAL EMPLOYMENT OPPORTUNITY

1725.

PERFORMANCE/PAYMENT bonds

1726.

Disadvantaged Business Enterprises Requirements

1827.

Opportunity for Disadvantaged Business Enterprises to BID

1828.

NOTICE OF PROTEST POLICY

1829.

WMATA’S TAX EXEMPT STATUS

1930.

English Language and United States Currency

1931.

Brand Name or Equal

2032.

Requests for Records

22REPRESENTATIONS & CERTIFICATIONS

221.

TYPE OF BUSINESS ORGANIZATION

222.

AFFILIATION AND IDENTIFYING DATA

233.

PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

234.

DISADVANTAGED BUSINESS ENTERPRISE

245.

SMALL BUSINESS ENTERPRISE (MAY 2015)

246.

AFFIRMATIVE ACTION COMPLIANCE

247.

COVENANT AGAINST GRATUITIES

258.

CONTINGENT FEES

259.

CLEAN AIR ACT AND CLEAN WATER ACT CERTIFICATION

2610.

DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION

2711.

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

2712.

CERTIFICATION OF NONSEGREGATED FACILITIES

2813.

NONDISCRIMINATION ASSURANCE

2914.

CERTIFICATION OF RESTRICTIONS ON LOBBYING

3015.

BUY AMERICA ACT CERTIFICATION

3016.

CERTIFICATION OF NON-DELINQUENT TAXES

3117.

DISCLOSURES OF INTERESTS OF WMATA BOARD MEMBERS

3218.

CRIMINAL BACKGROUND SCREENING CERTIFICATION (QUARTERLY)

3319.

Certification required for all safety-sensitive contracts.

35PRE-AWARD EVALUATION DATA

37TERMS AND CONDITIONS

38CHAPTER I – TERMS AND CONDITIONS

381.

AGREEMENT

382.

ARRANGEMENT OF CONTRACTUAL PROVISIONS

383.

ORDER OF PRECEDENCE

384.

REQUIREMENTS CONTRACT [OPTIONAL]

385.

INDEFINITE QUANTITY CONTRACT [OPTIONAL]

396.

ORDERING

397.

ORDER LIMITATIONS

398.

AUDIT, AVAILABILITY, AND INSPECTION OF RECORDS- FTA

409.

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

4010.

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

43CHAPTER II – TIME/DELAYS/LIQUIDATED DAMAGES

431.

PERIOD OF PERFORMANCE

432.

OPTIONS- EVALUATION

433.

OPTIONS- EXERCISE

444.

OPTION FOR INCREASED OR DECREASED QUANTITIES OF SUPPLIES

455.

OPTIONS TO EXTEND SERVICES

456.

OPTION TO EXTEND THE TERM OF THE CONTRACT

457.

OPTIONS EXERCISED OUT OF SEQUENCE

458.

LIQUIDATED DAMAGES FOR DELAY

459.

EXTENSIONS OF TIME/FORCE MAJEURE

4610.

THE AUTHORITY’S DELAY

4711.

NOTICE TO THE AUTHORITY OF LABOR DISPUTES

4712.

NOTIFICATION OF BANKRUPTCY OR INSOLVENCY

49CHAPTER III – ACCEPTANCE/INSPECTIONS/DEFICIENCIES

491.

INSPECTION OF SERVICES

492.

INSPECTION OF SUPPLIES

503.

ACCEPTANCE OF SUPPLIES

514.

NEW MATERIAL [SUPPLIES]

515.

WARRANTY OF SUPPLIES

526.

WARRANTY OF SERVICES

527.

CORRECTION OF DEFICIENCIES

528.

FIRST ARTICLE INSPECTION

529.

F.O.B. DESTINATION

5310.

QUALITY ASSURANCE/QUALITY CONTROL

54CHAPTER IV—CHANGES/ PRICING ADJUSTMENTS

541.

CHANGE ORDERS

552.

PRICING OF ADJUSTMENTS

553.

ACCOUNTING AND RECORD KEEPING FOR ADJUSTMENTS

57CHAPTER V – INVOICES/PAYMENTS/ DEDUCTIONS

571.

BILLING AND PAYMENT

572.

PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA – MODIFICATIONS

583.

SUBCONTRACTOR PAYMENTS

584.

GARNISHMENT OF PAYMENTS

59CHAPTER VI – CONTRACT TERMINATION/STOP WORK ORDERS/DISPUTES

591.

STOP WORK ORDERS

592.

TERMINATION FOR DEFAULT- FTA

613.

TERMINATION FOR CONVENIENCE- FTA

644.

ASSIGNMENT- FTA

655.

DISPUTES- FTA

656.

Equal Employment Opportunity Requirements for Construction Activities [OPTIONAL]

66CHAPTER VII – INDEMNIFICATION/INSURANCE/RISK OF LOSS

661.

INDEMNIFICATION

662.

INSURANCE REQUIREMENTS

703.

TITLE AND RISK OF LOSS

704.

TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS – FTA

715.

Veterans Preference- FTA

716.

INAPPLICABILITY OF CLAUSES REQUIRING UNAUTHORIZED OBLIGATIONS

72CHAPTER VIII – INTELLECTUAL PROPERTY RIGHTS

721.

PATENT INDEMNITY

722.

SET-OFF

723.

RIGHTS IN TECHNICAL DATA – LIMITED

724.

RIGHTS IN TECHNICAL DATA – UNLIMITED

745.

NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT [SUPPLIES]

76CHAPTER IX – ADDITIONAL COVENANTS/LEGAL REQUIREMENTS

761.

NONDISCRIMINATION ASSURANCE- FTA

772.

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION

783.

WALSH-HEALEY PUBLIC CONTRACTS ACT

784.

DAVIS-BACON ACT- FTA

785.

COPELAND ANTI-KICKBACK ACT – FTA

786.

CONVICT LABOR

797.

COVENANT AGAINST CONTINGENT FEES

798.

SEAT BELT USE POLICY

799.

SENSITIVE SECURITY INFORMATION

8010.

LAWS AND REGULATIONS

8011.

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

8112.

LIVING WAGE

8213.

METRIC SYSTEM

8214.

MANDATORY DISCLOSURE

8315.

WHISTLEBLOWER PROTECTION – FEDERAL

8516.

WORKPLACE VIOLENCE/ZERO TOLERANCE

8517.

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

8618.

EMPLOYMENT RESTRICTION WARRANTY

8719.

GRATUITIES

8720.

OFFICIALS NOT TO BENEFIT

8821.

ORGANIZATIONAL CONFLICTS OF INTEREST

8922.

CONTRACTOR PERSONNEL

8923.

FALSE STATEMENTS, CLAIMS OR SUBMISSIONS

91CHAPTER X – MISCELLANEOUS ADDITIONAL PROVISIONS

911.

PUBLIC COMMUNICATION

912.

CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

913.

SEVERABILITY

914.

SURVIVAL

915.

FEDERAL, STATE, AND LOCAL TAXES

93CHAPTER XI – ADDITIONAL FEDERAL PROVISIONS

931.

NOTIFICATION OF FEDERAL PARTICIPATION- FTA

932.

ALL NECESSARY FEDERAL PROVISIONS DEEMED INCLUDED- FTA

933.

Access to Third Party Contract Records- FTA

934.

AMERICANS WITH DISABILITIES ACT ACCESSIBILITY – FTA

945.

RIGHTS IN DATA AND COPYRIGHTS — FTA

956.

PATENT RIGHTS- FTA

957.

BUY AMERICA ACT- FTA

968.

PRE-AWARD AND POST DELIVERY AUDIT REQUIREMENTS – fta

969.

CHARTER BUS REQUIREMENTS- FTA

9610.

SCHOOL BUS REQUIREMENTS- FTA

9611.

BUS TESTING- FTA

9612.

CARGO PREFERENCE- FTA

9713.

CLEAN AIR ACT- FTA

9714.

CLEAN WATER ACT- FTA

9815.

RECOVERED MATERIALS/ RECYCLED PRODUCTS- FTA

9816.

RETAINAGE

9817.

ENERGY CONSERVATION- FTA

9818.

Changes to Federal Requirements- FTA

9919.

FLY AMERICA REQUIREMENTS- FTA

9920.

PAYMENT DEDUCTIONS - NONCOMPLIANCE WITH DBE REQUIREMENTS- FTA

9921.

GOVERNMENT-WIDE DEBARMENT OR SUSPENSION- FTA

10022.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

10023.

No Federal Government Obligations to Third Parties- FTA

10024.

False Statements or Claims Civil and Criminal Fraud- FTA

10125.

LOBBYING- FTA

10126.

National Intelligent Transportation Systems Architecture and Standards-FTA

10127.

Contracts Involving Federal Privacy Act Requirements- FTA

10228.

PROGRESS PAYMENTS

10229.

BONDING FOR CONSTRUCTION PROJECTS EXCEEDING $150,000 – FTA

10230.

BONDING REQUIREMENTS- GENERAL

10231.

SEISMIC SAFETY – FTA

103CHAPTER XII-WMATA POLICIES

1031.

SAFETY REQUIREMENTS

1042.

PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECK REQUIREMENT

1053.

WORKPLACE VIOLENCE/ZERO TOLERANCE

106Mid-Atlantic Cooperative Rider Clause

107BOND FORMS

113TECHNICAL SPECIFICATIONS- SCOPE OF WORK

121APPENDIX B

148APPENDIX B-1

150SMALL BUSINESS ENTERPRISE PROGRAM (SBE)

164Combined Glossary of Definitions

Date: April 5, 2019 SUBJECT: IFB No. FQ19130/SP Dear Sir/Madam:

The Washington Metropolitan Area Transit Authority (WMATA) is seeking bids from qualified contractors to provide Metered Concrete for delivery in the Metropolitan Area (Maryland, District of Columbia, and Virginia). There will be multiple contracts awarded from this solicitation. This IFB does not contain a DBE goal.

A Pre-Bid Conference will be held on April 16, 2019 at 10:30 am -11:30 am at WMATA’s, Office of Procurement and Materials, 600 Fifth Street, NW, Room 2D-04, 2nd Floor, Washington, DC 20001-2651. 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 May 8, 2019.

If you have any technical, contractual, or administrative questions, please e-mail them to lspollitt@wmata.com no later than close of business, April 26, 2019, WMATA will provide written answers by e-mail lspollitt@wmata.com 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;

Acknowledgement of Amendments;

DBE Forms (if applicable)

Sincerely, Chris Stewart

Contracting Officer

Office of Procurement and Materials

INTRODUCTORY INFORMATION

SOLICITATION CERTIFICATIONS PAGE

FQ19130/SP

METERED CEMENT FOR METROPOLITIAN AREA (MD, DC, VA)

APPROVED FOR RELEASE

Project Manager/Office Designee

Date

Contracting Officer

Date

END OF SECTION

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 (Stacey Pollitt)?

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.

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.

SEQ CHAPTER \h \r 1WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

SOLICITATION, OFFER AND AWARD

600 Fifth Street NW

Washington, DC 20001

NEGOTIATED

SOLICITATION

SEQ CHAPTER \h \r 1Sealed offer in 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

(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

Bidder’s fax number

PRICE SEQ CHAPTER \h \r 1SCHEDULE

(Continued on the attached pages)

SEQ CHAPTER \h \r 1DUN & BRADSTREET ID NUMBER:

SEQ CHAPTER \h \r 1BIDDER

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

SEQ CHAPTER \h \r 1AWARD (To be completed by The Authority)

SEQ CHAPTER \h \r 1ACCEPTANCE 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

PRICE SCHEDULE SHEET

1.

This is an Indefinite Delivery, Indefinite Quantity type contract for the items listed in the Unit Price Schedule.

2.

The Authority anticipates awarding multiple Indefinite Delivery, Indefinite Quantity type contracts to more than one vendor. Each jurisdiction (DC, MD, and VA) listed in the prices schedule will be awarded to the lowest bidder.

3.

All quantities are estimated. The Offeror is notified that there will be no adjustment of unit prices for variations in quantities between the estimated quantities and the final quantities ordered in this contract.

4.

The guaranteed minimum, per contract, which will be initiated by one or more Orders, shall be $5,000.00.

5.

The maximum amount per total contract amount, which may be ordered by one or more Orders, shall be for $950,000.00 6.

Any offer which is materially unbalanced as to prices for the various items may be rejected as non-responsive. A materially unbalanced bid is one which is based on prices which are materially overstated for other work.

7.

All extensions of the unit prices shown will be subject to verification by the Authority. In case of variation between the unit prices and the extension, the unit price will be considered the proposed price.

8.

The Authority’s obligation under this contract is limited to the amount of the Orders placed and the availability of funds as described herein.

9.

Offerors are advised to become familiar with articles for availability of funds, multi-year contracts and cancellation of items. The Contractor is advised not to perform any work or incur any costs for work above the available funding until notified in writing by the Contracting Officer.

10.

This is an indefinite delivery, indefinite quantity contract wherein all items will be ordered through by the Contracting Officer, an Authority Ordering Officer or Authority Representative and based on the items in the Price Schedule Sheet. Note that there is no guarantee that Orders will be issued for the total amount of the initial award, or the Total Offered Price.

11.

The Offeror is placed on notice that it shall be paid for actual quantities ordered, and not be paid for the estimated quantities listed on the Price Schedule Sheet. The final amount of the Contract and payment will be based on actual quantities ordered in the Order for Services which may total more or less than the estimated quantity for each of the individual items. The Offeror is further notified that an Order may not include all listed items and some items may not be ordered from this Contract by any Order

BID FORM

FQ19130/SP METERED CONCRETE

06/01/2019 TO 05/30/2020 BASE YEAR

Measure

Price Total Price

(Quantity * Unit Price)

Total Direct Expenses

$0.00

Total Estimated Cost

$0.00

BID FORM

FQ19130/SP METERED CONCRETE

06/01/2020 TO 05/30/2021 2ND BASE YEAR

Price Total Price

Total Direct Expenses

$0.00

Total Estimated Cost

$0.00

06/01/2021 TO 05/30/2022 1ST OPTION YEAR

Price Total Price

Total Direct Expenses

$0.00

Total Estimated Cost

$0.00

06/01/2022 TO 05/30/2023 2ND OPTION YEAR

Price Total Price

Total Direct Expenses

$0.00

Total Estimated Cost

$0.00

06/01/2023 TO 05/30/2024 3RD OPTION YEAR

Price Total Price

Total Direct Expenses

$0.00

Total Estimated Cost

$0.00

Important Information:

The unit price must satisfy the scope of work including all direct and indirect costs including, and limited to, direct labor costs, overhead, general & administrative (G&A) expenses, transportation, insurance, expenses associated with compliance with Federal, state or local laws or regulatory requirements, and profit.

Authorized Signature

Company Name

Date

SEQ CHAPTER \h \r 1WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET

THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENTS

TO SOLICITATION IFB – FQ19130/SP

Amendment Number

Dated

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

Authorized Signature

Company Name

Date

SOLICITATION INSTRUCTIONS

IFB SOLICITATION INSTRUCTIONS

1. INTRODUCTION

(a) The Authority seeks to award up to three contracts for the delivery of 9 cubic yards of 3/8 Pea Gravel and Fiber mesh to the District of Columbia, Maryland, and/or Virginia. 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 bidders 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 will make multiple awards pursuant to this solicitation.

(d) INDEFINITE QUANTITY This solicitation seeks to award an indefinite-quantity contract 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 purchased by this Contract.

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:

Stacey Pollitt

Contract Administrator

Office of Procurement & Materials

Washington Metropolitan Area Transit Authority

600 5th Street, NW

Washington, DC 20001

202-962-6048 lspollitt@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.

(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-proposal conference will be held to respond to questions by prospective bidders. This Pre-Bid Conference will be held at 10:30a.m. – 11:30 a.m. on April 16, 2019, in the 2D-04 Conference Room of the WMATA Jackson Graham Building, 600 5th Street NW, 2nd Floor, Washington, DC 20001. 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.

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. 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.

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.

a.

The acceptance period for this solicitation is one-hundred and eighty (180) 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

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 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

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:

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 proposal 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:

(1) The names of unsuccessful bidders;

(2) The bids of unsuccessful bidders;

(3) Personal information (this does not include education and qualifications which are released) about the successful bidder or its employees that is not available to the public on the website of the successful bidder;

(4) Unit price details of the successful bid (this does not include the bottom line price, which is released);

(5) The names of the vendors who file a protest to the solicitation or its award;

(6) The written adjudication of any protests;

(7) Personal information concerning WMATA’s employees; and

(8) Trade secrets and confidential commercial or financial information obtained from a bidder.

(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:

(1) Any information on your company’s website;

(2) Publicly known information (even if not on your company’s website);

(3) General company background;

(4) Mere compliance with IFB requirements; and

(5) Anything standard to the industry.

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…