RFP_FQ20054_-_3rd_Party_Inspection.pdf

Rev. 04/19

Request For Proposals (Federal)

3rd Party Wheel Inspection NAICS – 541990 Commodity Inspection Services

DBE GOAL 0%

RFP No. : FQ20054

CCMNT20016

CONTRACT SPECIALIST: ROBERT JONES

DATE ISSUED: October 8, 2019

DUE DATE: November 6 2019 @ 2:00pm

EMAIL ADDRESS: RJONES5@WMATA.COM

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Table of Contents

DIRECTIONS FOR SUBMITTING OFFERS

NOTICE TO OFFERORS

NOTICE TO ALL VENDORS

SOLICITATION, OFFER AND AWARD

PRICE SCHEDULE SHEET

RFP SOLICITATION INSTRUCTIONS

1. INTRODUCTION

2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

3. COMMUNICATIONS WITH THE AUTHORITY

4. PREPARATION OF OFFERS

5. EXPLANATIONS TO OFFERORS

6. PRE-PROPOSAL CONFERENCE (N/A)

7. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

8. ACKNOWLEDGMENT OF AMENDMENTS

9. SUBMISSION OF PROPOSALS

10. PROPOSAL FORMAT INSTRUCTIONS/REQUIREMENTS

11. LATE SUBMISSIONS AND REVISIONS OF PROPOSALS

12. WITHDRAWAL OF PROPOSALS

13. RECEIPT AND REVIEW OF PROPOSALS BY THE AUTHORITY

14. EVALUATION CRITERIA AND BASIS FOR AWARD

15. RATINGS FOR PROPOSAL EVALUATION CRITERIA – (BEST VALUE ONLY)

16. RATINGS FOR ACCEPTABILITY CRITERIA (LOW PRICE, TECHNICALLY

ACCEPTABLE, ONLY) - (N/A)

17. PRICE PROPOSAL EVALUATION

18. TECHNICAL PROPOSAL EVALUATION

19. PRE-AWARD INFORMATION/CONTRACTOR RESPONSIBILITY

20. PRE-AWARD MEETING

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

22. CONTRACT AWARD

23. PERFORMANCE/PAYMENT BONDS (N/A)

24. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS

25. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO PROPOSE

26. WMATA’S TAX EXEMPT STATUS

27. RESTRICTION ON DISCLOSURE AND USE OF DATA

28. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

29. BRAND NAME OR EQUAL (N/A)

30. REQUESTS FOR RECORDS

31. NOTICE OF PROTEST POLICY

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

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 (N/A)

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. (N/A)

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

8. AUDIT, AVAILABILITY, AND INSPECTION OF RECORDS- FTA

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

1. OPTIONS- EVALUATION

2. OPTIONS- EXERCISE

4. OPTION FOR INCREASED OR DECREASED QUANTITIES OF SUPPLIES (N/A)

5. OPTIONS TO EXTEND SERVICES

6. OPTION TO EXTEND THE TERM OF THE CONTRACT

7. OPTIONS EXERCISED OUT OF SEQUENCE

8. LIQUIDATED DAMAGES FOR DELAY (N/A)

CHAPTER III – ACCEPTANCE/INSPECTIONS/DEFICIENCIES

1. INSPECTION OF SERVICES

2. INSPECTION OF SUPPLIES (N/A)

3. ACCEPTANCE OF SUPPLIES (N/A)

4. NEW MATERIAL [SUPPLIES] (N/A)

5. WARRANTY OF SUPPLIES (N/A

6. WARRANTY OF SERVICES

7. CORRECTION OF DEFICIENCIES

8. FIRST ARTICLE INSPECTION (N/A)

9. F.O.B. DESTINATION (N/A)

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- FTA (N/A)

CHAPTER VII – INDEMNIFICATION/INSURANCE/RISK OF LOSS

1. INDEMNIFICATION

2. INSURANCE REQUIREMENTS

3. TITLE AND RISK OF LOSS

4. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS – FTA (N/A

5. VETERANS PREFERENCE – FTA (N/A)

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]

6. ROYALTY INFORMATION (N/A)

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 (N/A)

4. DAVIS-BACON ACT- FTA (N/A)

5. COPELAND ANTI-KICKBACK ACT – FTA (N/A)

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 SAFETY DATA SHEETS

12. LIVING WAGE

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)

18. EMPLOYMENT RESTRICTION WARRANTY

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. PUBLIC COMMUNICATION

2. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

3. SEVERABILITY

4. 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 (N/A)

8. PRE-AWARD AND POST DELIVERY AUDIT REQUIREMENTS – FTA (N/A)

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

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

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. CRIMINAL BACKGROUND CHECK REQUIREMENT

3. WORKPLACE VIOLENCE/ZERO TOLERANCE

MID-ATLANTIC COOPERATIVE RIDER CLAUSE

BOND FORMS

PART III TECHNICAL SPECIFICATIONS- STATEMENT OF WORK

RELEASE & REPORT / RECORDS

APPENDIX B

APPENDIX B-1

SMALL BUSINESS ENTERPRISE PROGRAM (SBE)

COMBINED GLOSSARY OF DEFINITIONS

Washington Metropolitan Area Transit Authority

RFP:FQ20054

INTRODUCTORY INFORMATION

SOLICITATION CERTIFICATIONS PAGE

FQ20054

3rd Party Wheel Inspection

APPROVED FOR RELEASE

Project Manager/Office Designee

Frederick Voellm

E004107 WMATA

Digitally signed by Frederick Voellm E004107 WMATA

DN: c=US, o=Washington Metropolitan Area Transit

Authority, ou=People, en=Frederick Voellm E004107

WMATA

Date: 2019.10.07 18:41 :1 O -04'00'

Contracting Officer Date

END OF SECTION

RFP: FQ20054

DIRECTIONS FOR SUBMITTING OFFERS

1. Read and comply with the solicitation instructions.

2. Envelopes containing technical and price proposals must be sealed and separately marked and addressed to:

600 5th Street, N.W.

Washington, DC 20001 Room 3C-02

Attn: Robert Jones/CA

ALL ENVELOPES OR PACKAGES MUST BE SEPARATELY MARKED WITH THE

SOLICITATION NUMBER AS SPECIFIED HEREWITH.

PROPOSALS SHALL BE TIMELY MAILED OR HAND DELIVERED TO REACH WMATA

BEFORE 2:00 P.M. (LOCAL TIME) November 6, 2019 ON DAY OF PROPOSAL CLOSING.

NOTICE TO OFFERORS

IN ORDER TO ENSURE THAT YOUR PROPOSAL COMPLIES WITH THE AUTHORITY’S

PROCUREMENT REGULATIONS AND THAT IT WILL BE ACCEPTABLE TO THE AUTHORITY,

THE FOLLOWING FORMS MUST BE COMPLETED & SUBMITTED AS SPECIFIED BELOW WITH

YOUR OFFER:

▪ SOLICITATION, OFFER & AWARD FORM (Must be signed.) - VOLUME III

▪ PRICE SCHEDULE- VOLUME I

▪ REPRESENTATIONS AND CERTIFICATIONS- VOLUME III

▪ PRE-AWARD DATA- VOLUME III

▪ ACKNOWLEDGMENT OF AMENDMENTS (IF ANY)- VOLUME III

▪ TECHICAL PROPOSAL- VOLUME II

▪ PROOF OF INSURANCE ELIGIBILITY - VOLUME III

▪ APPENDIX B (IF APPLICABLE) - VOLUME III

▪ APPENDIX B-1 (IF APPLICABLE)-VOLUME III

FAILURE TO SUBMIT ANY PORTION OF THESE REQUIREMENTS AS SPECIFIED MAY CAUSE

YOUR PROPOSAL TO BE CONSIDERED NONRESPONSIVE AND SUBSEQUENTLY

REJECTED.

Questions concerning this Request for Proposals may be directed to Robert Jones at 301-955-5492 or rjones5@wmata.com (email preferred).

mailto:rjones5@wmata.com

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.

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

SUPPLY AND SERVICE CONTRACT RFP-FQ20054

SOLICITATION, OFFER AND AWARD

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

RFP

Office of Procurement 600 Fifth Street NW

Washington, DC 20001 X ADVERTISED NEGOTIATED

SOLICITATION

Sealed offer in original and THREE (3) copies for furnishing the supplies or services in the schedules will be received at Authority until 2:00 P.M. Local time November 6, 2019 (Hour) (Date) 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.

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

SCHEDULE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Continued on the attached pages)

DUN & BRADSTREET ID NUMBER:

OFFEROR

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):

ITEM NO. QUANTITY UNIT UNIT PRICE

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET

THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENTS

TO SOLICITATION RFP FQ20054

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

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

Authorized Signature

Company Name

Date

SUPPLY AND SERVICE CONTRACT RFP: FQ20054

PRICE SCHEDULE SHEET

DESCRIPTION

Unit of

Measure

QTY

(Est. #

Inspections)

Unit Price

Total Price (Quantity * Unit Price)

Inspection of Wheels (Base 2 Years) EA 36

Inspection of Wheels (Option Year 1) EA 18

Inspection of Wheels (Option Year 2) EA 18

Inspection of Wheels (Option Year 3.) EA 18

TOTAL

Pricing shall include all costs including but not limited to the following: labor, material, reports, travel, markups, overhead, profit, packaging, transportation, delivery, duties, tariffs, lodging, food, and per diem.

The Contractor shall complete entries in the columns entitled “Unit Price” and “Extended Price.” The prices shown on the Price Schedule Sheet shall constitute full compensation for all costs of performance under this contract. Price evaluation will be based on the extended price.

Authorized Signature

Company Name

RFP SOLICITATION INSTRUCTIONS

1. INTRODUCTION

(a) The Authority seeks to award a contract for professional inspection services for another procurement of up to 10,800 railcar wheels for the Authority’s fleet of passenger rail cars (i.e., 2000/3000, 6000 & 7000 series vehicles). To that end, it is issuing this Request for Proposals (RFP) to solicit proposals from qualified firms and individuals who can satisfy the requirements described herein.

(b) Since this is a Best Value solicitation, award of a Contract hereunder shall be to the offeror whose proposal provides the best overall value to the Authority, based upon application of the evaluation criteria set forth in herein.

(c) The Authority contemplates award of a IDIQ contract with a two-year base and three one-year options. Task Orders will be firm fixed price for the services ordered under the resulting contract. Unless otherwise specified in the Price Schedule, the Authority reserves the right to make multiple awards pursuant to this solicitation.

(e) INDEFINITE QUANTITY This solicitation seeks to award an indefinite-quantity Contract for the services specified, and effective for the period of performance stated in the Price Schedule. The quantities of 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

In preparing their proposals, offerors 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.

3. COMMUNICATIONS WITH THE AUTHORITY

Prospective offerors are advised that any and all communications with WMATA relating to this solicitation and made by, or on behalf of, a prospective offeror at any time between release of this Request for Proposals and Contract award , must be directed to the Contract Administrator as follows: Robert Jones: email rjones5@wmata.com; telephone 301-955-5492.

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 OFFERS

(a) Offerors shall furnish all information requested by the solicitation and, in so doing, are expected to examine the Request for Proposals and all referenced documents carefully.

Failure to do so will be at Offeror’s risk.

mailto:rjones5@wmata.com

Rev. 04/19

(b) The Offeror 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 offer.

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

(d) In preparing its proposal, an offeror 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 OFFERORS

(a) Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation or Contract including, without limitation, the terms and conditions, technical specifications or Statement of Work, and Contract drawings, must be requested in writing with sufficient time allowed for a reply to reach all offerors before proposal closing.

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 proposal closing. All such requests must be submitted via e-mail or first-class mail to the Contract Administrator identified in Paragraph 3. Include the RFP number and Contract title in any correspondence.

(b) Any information that the Authority furnishes to a prospective offeror relating to the solicitation will be provided in writing to all prospective offerors 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 the lack of such information would be otherwise prejudicial to other prospective offerors. Offerors must acknowledge receipt of all amendments on the form provided.

(c) Offerors are advised that 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 offeror 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 offeror.

6. PRE-PROPOSAL CONFERENCE (N/A)

7. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

(a) The Authority reserves the right to amend any of the terms of this RFP or the Contract, prior to the date set for the proposal closing. Copies of any such amendments as may be issued will be furnished in writing to all prospective proposers.

Rev. 04/19

(b) If, in the Contracting Officer’s judgment, any amendment(s) would require material changes to price proposals and/or other substantive element(s) of the proposals, the date set for proposal closing may be postponed for such period as, in the Contracting Officer’s opinion, will enable offerors to revise their proposals. In such instances, the amendment will include an announcement of the new date for proposal closing.

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

8. ACKNOWLEDGMENT OF AMENDMENTS

Offerors are required to acknowledge receipt of all amendment(s) to the solicitation on the designated form to be submitted with their proposal. Failure to do so may, at the Contracting Officer’s discretion, jeopardize the offeror’s right to have its proposal reviewed by the Authority.

9. SUBMISSION OF PROPOSALS

Proposals, and any revisions thereto, shall be enclosed in sealed envelopes and addressed to the office specified in the solicitation. Proposals shall show the hour and date specified in the solicitation for proposal closing, the solicitation number, and offeror’s name and address on the face of the envelope. Faxed proposals will not be considered.

10. PROPOSAL FORMAT INSTRUCTIONS/REQUIREMENTS

Offerors shall submit one original and 6 hard copies along with one flash drive of their proposal in the following format:

(a) Proposal Format

All copies of Volumes 1, 2, and 3 will be separately bound. All copies shall have the RFP number, the proposer’s identity, volume number, and volume title printed on the cover page. Volumes shall be submitted in the following order:

(1) Volume I – Cost/Price. All information relating to cost or pricing data must be included in Volume I. Under no circumstances shall cost or pricing data be included elsewhere in the proposal. Include the following documents:

a. Price Schedule - completed and signed.

(2) Volume II – Technical. The technical proposal m u s t address the stated

Evaluation Criteria in such a manner as to enable the Authority to engage in a thorough evaluation of its overall technical merit. Technical proposals shall be specific, detailed and complete and shall demonstrate that the offeror has a thorough knowledge and understanding of the Contract’s requirements.

Offerors shall avoid generalized statements that for example, paraphrase the specifications or attest that "standard procedures will be employed." The Authority wishes to be satisfied that the offeror maintains an understanding of the specific Contract requirements as stated in the Statement of Work and maintains the means to fully satisfy them. At a minimum, the proposal must clearly provide information to support the evaluation factors identified in Clause 14 “Evaluation Criteria and Basis for Award” of the Solicitation Instructions and must be presented as follows:

a. Tab A – Personnel. Under Tab A the offeror shall submit resumes for each

Rev. 04/19 job discipline listed in the Scope of Work, “Staffing Requirements” for those personnel proposed to work on this Contract. Resumes shall address the employee’s relevant education, knowledge, and experience in the operation and/or maintenance of heavy rapid transit rail cars, with a background in railcar production/assembly and facility inspection. Resumes shall also address experience in the inspection and testing of vehicles during all phases of fabrication and while undergoing qualification and/or acceptance testing.

Resume shall address any other disciplines detailed in the specified in the Scope of Work. Resumes shall identify past projects completed, current projects at hand, and work location.

b. Tab B - Corporate Experience and History of Past Performance.

Under Tab B, the Offeror shall submit a list of completed contracts and a list of on-going contracts comparable and similar in nature to the present solicitation.

Offeror must demonstrate at least two (2) completed contracts of a comparable and similar nature within the past ten years. Contact information of previous customers to support this factor is required. Each list shall include title, scope of work, award date, actual or estimated completion date, contract value, procuring organization, point of contact at procuring organization, telephone number and email address of the point of contact. The submitted history and experience must demonstrate that the Offeror has the ability and knowledge to perform inspection work.

c. Tab C – Project Management, Subcontractors, and Quality

Assurance. Under Tab C, the Offeror must submit evidence through past experience and current technical capacity of the ability to perform all requirements in the Scope of Work “Internal Quality Control Program” in a timely manner, maintain quality control of work efforts, manage subcontractors in an effective and efficient manner, manage the schedule and competing programs, and ensure a readily available cadre of qualified personnel.

d. Tab D – APTA Passenger Rail Equipment Safety Standards (PRESS).

Under Tab D, the Offeror must submit evidence of experience with APTA PRESS Standards related to inspection and management services. Evidence submitted must demonstrate an understanding and adherence to the applicable APTA standards.

(3) Volume III – Contractual. The following completed and signed contractual documents shall be provided:

a. Solicitation, Offer and Award Form;

b. Acknowledgement of Amendments;

c. Representations and Certifications;

d. Pre-Award Evaluation Data;

e. DBE requirements per Appendix B;

f. Certificates of Insurance (COI) or a letter from the insurance agent/broker stating that “if our client is awarded the contract, the required coverage will be provided;”

g. In the event that the offeror takes any exception to any of the Contract’s terms and conditions, wishes to propose alternative Contract language or is

Rev. 04/19 otherwise unwilling or unable to satisfy any of the Contract’s requirements such information should be clearly noted on the first page(s) of Volume III of the proposal. Failure to take exception shall constitute the offeror’s acceptance.The Authority does not look favorably upon exceptions, so it may exclude proposals containing exceptions. If the Authority decides to use any of the language contained in a proposed exception, it may republish this RFP with the exception in it, giving all a chance to bid on the RFP with the exceptions.

11. LATE SUBMISSIONS AND REVISIONS OF PROPOSALS

(a) Any proposal or revision received at the office designated in the solicitation after the time specified for proposal closing will not be considered unless it was sent, properly addressed:

(1) By registered or certified U.S. or Canadian mail not later than the fifth (5th) day before the date specified for proposal closing. (e.g. A proposal or revision relating to a solicitation with a closing date of the 20th of a month must have been placed in registered or certified mail by not later than the 15th of such month.);

(2) By first class mail, if the Contracting Officer determines that the late receipt was due solely to the Authority’s mishandling after delivery on its premises; or

(3) By U.S. Postal Service, Express Mail, Next Day Service, not later than 5:00 p.m. at the place of mailing two (2) business days prior to the date specified for proposal closing; or

(b) A revision submitted after the date and time set for proposal closing will only be accepted if the Contracting Officer authorizes it. A submission in the nature of a Best and Final Offer (“BAFO”) received after the time and date specified in the Contracting Officer’s request for BAFOs will not be considered unless received before award and, in Contracting Officer’s judgment, the late delivery was not attributable to the offeror’s acts or omissions.

(c) The only acceptable evidence to establish the time of receipt by the Authority is the time/date stamp of that event on the proposal or any other documentary evidence of receipt maintained by the Authority.

(d) A proposal received after proposal closing may be considered if it is the only proposal received for the solicitation, or if a late revision of any otherwise successful proposal makes its terms more favorable to the Authority.

12. WITHDRAWAL OF PROPOSALS

Proposals may be withdrawn by written notice received by the Authority before award. Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is appropriately demonstrated and the representative signs a receipt for the proposal before award. A proposal may not be withdrawn after ninety (90) days from proposal closing without the Contracting Officer’s written approval.

13. RECEIPT AND REVIEW OF PROPOSALS BY THE AUTHORITY

Rev. 04/19

(a) There will be no public opening of proposals for this solicitation. Proposals will be opened by the designated Authority representative and copies of the three (3) volumes of the proposal will be distributed for review by Authority designated personnel only, as appropriate. All reasonable efforts will be made to ensure confidentiality of the information contained in the proposals, consistent with applicable provisions of law.

(b) The Authority may award a Contract on the basis of the initial proposals as evaluated in accordance with the Evaluation Criteria, without discussions. Accordingly, the initial proposal should contain the offeror’s best terms from both a price and technical standpoint.

(c) Exceptions taken to terms and conditions by offerors in their proposals will be vetted and if approved, notified by amendment to the solicitation, to benefit all. If it is not accepted, the vendor will be advised to either withdraw the exception, or have its proposal deemed non-responsive to the solicitation and excluded from further consideration at the Contracting Officer’s discretion.

(d) Notwithstanding a determination by the Authority to proceed without conducting substantive negotiations or discussions with offerors, the Authority may engage in communications with one (1) or more offerors relating to clarification(s) of their proposals.

(e) The Contracting Officer may, in his or her discretion engage in oral or written discussions with one (1) or more offerors regarding the Authority’s understanding of the proposals and/or to discuss deficiencies in the initial proposals. In determining those offerors with whom he or she chooses to engage in discussions, the Contracting Officer shall first make a determination regarding the initial proposals that he or she deems to be within the competitive range for Contract award. The Contracting Officer shall conduct discussions with all offerors submitting proposals that are within the competitive range.

(f) The Contracting Officer may, following such discussions, direct those offerors whose proposals are within the competitive range to submit Best and Final Offers (“BAFOs”). In such instances, the Contracting Officer shall award the Contract based upon his or her review of the BAFOs in accordance with the Evaluation Criteria. Nothing contained herein shall limit, modify or impair the Contracting Officer’s right to engage in any additional oral or written discussions or other communications relating to the solicitation that may, be consistent with the Authority’s best interests.

(g) The Authority maintains the right to waive informalities and minor irregularities in proposals at any time during the solicitation process.

14. EVALUATION CRITERIA AND BASIS FOR AWARD

BEST VALUE

Proposals will be evaluated based upon application of the following Evaluation Criteria:

(a) Personnel. Under Tab A the offeror shall submit resumes for each job discipline listed in the Scope of Work, “Staffing Requirements” for those personnel proposed to work on this Contract. Resumes shall address the employee’s relevant education, knowledge, and experience in the operation and/or maintenance of heavy rapid transit rail cars, with a

Rev. 04/19 background in railcar production/assembly and facility inspection.

Resumes shall also address experience in the inspection and testing of vehicles during all phases of fabrication and while undergoing qualification and/or acceptance testing. Resume shall address any other disciplines detailed in the specified in the Scope of Work. Resumes shall identify past projects completed, current projects at hand, and work location

Acceptable Rating: Achieved if all requested information is submitted by the Offeror and the Quality Assurance Inspector/Test Technician has at least 10 years of comparable experience and all other labor disciplines have at least 5 years of comparable service.

Additional merit is earned if majority of personnel have at least 10 years of comparable service.

(b) Corporate Experience and History of Past Performance. Under Tab B, the Offeror shall submit a list of completed contracts and a list of on-going contracts comparable and similar in nature to the present solicitation. Offeror must demonstrate at least two (2) completed contracts of a comparable and similar nature within the past ten years. Contact information of previous customers to support this factor is required. Each list shall include title, scope of work, award date, actual or estimated completion date, contract value, procuring organization, point of contact at procuring organization, telephone number and email address of the point of contact. The submitted history and experience must demonstrate that the Offeror has the ability and knowledge to perform inspection work.

Acceptable Rating: Achieved if all requested information is submitted by the Offeror and the Offeror identifies at least two (2) successfully completed contracts within the past ten years of a comparable and similar nature to the present solicitation.

Additional merit is earned if the Offeror identifies at least four (4) successfully completed contracts within the past ten years of a comparable and similar nature to the present solicitation.

(c) Project Management, Subcontractors, and Quality Assurance.

Under Tab C, the Offeror must submit evidence through past experience and current technical capacity of the ability to perform all requirements in the Scope of Work “Internal Quality Control Program” in a timely manner, maintain quality control of work efforts, manage subcontractors in an effective and efficient manner, manage the schedule and competing programs, and ensure a readily available cadre of qualified personnel.

Acceptable Rating: Achieved if all requested information is submitted by the Offeror and the Offeror demonstrates successful management, quality control, and capacity to provide qualified personnel on simultaneous projects in at least two instances within the past five years.

Additional merit is earned if the Offeror demonstrates successful management, quality control, and capacity to provide qualified personnel on simultaneous projects in at least five instances within the past ten

Rev. 04/19 years and demonstrates the ability to rapidly expand the work force to accommodate increases in workload.

(d) APTA Passenger Rail Equipment Safety Standards (PRESS). Under Tab D, the Offeror must submit evidence of experience with APTA PRESS Standards related to inspection and management services.

Evidence submitted must demonstrate an understanding and adherence to the applicable APTA standards.

Acceptable Rating: Achieved if all requested information is submitted by the Offeror and the Offeror demonstrates knowledge, experience, and adherence to APTA PRESS on at least two (2) successfully completed contracts within the past ten years of a comparable and similar nature to the present solicitation.

Additional merit is earned if the Offeror demonstrates knowledge, experience, and adherence to APTA PRESS on at least four (4) successfully completed contracts within the past ten years of a comparable and similar nature to the present solicitation.

The Authority will award a contract to the responsible offeror whose proposal conforms to the solicitation and is judged to be the most advantageous to the Authority based on an overall assessment of technical merit and price in accordance with the Evaluation Criteria. In conducting this assessment:

Technical Considerations Most Important:

The Authority is more concerned with obtaining superior technical or business management features than with making an award at the lowest overall cost to the Authority.

However, the Authority will not make an award at a significantly higher overall cost to achieve only slightly superior technical or management features.

15. RATINGS FOR PROPOSAL EVALUATION CRITERIA – (BEST VALUE ONLY)

Each criterion will be rated using the adjectival scoring method as follows:

Definition of adjectival rankings:

Exceptional Exceeds specified performance or capability in a beneficial way to WMATA, and has no weakness.

Acceptable Meets evaluation standards required under the technical provisions. Weaknesses are correctable.

Marginal Fails to meet evaluation standard; however any significant deficiencies are correctable. Lacks essential information to support a proposal.

Unacceptable Fails to meet an acceptable evaluation standard and the deficiency is uncorrectable. Proposal would have to undergo a major revision to become acceptable. Demonstrated lack of understanding of WMATA’s requirements or omissions of major areas.

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A rating of “Acceptable” or higher is required to be eligible for award consideration. Offerors are cautioned to be aware of this standard when preparing proposals.

16. RATINGS FOR ACCEPTABILITY CRITERIA (LOW PRICE, TECHNICALLY ACCEPTABLE,

ONLY) - (N/A)

17. PRICE PROPOSAL EVALUATION

(a) The Contracting Officer will evaluate price proposals for reasonableness, completeness, and realism as appropriate. Costs will be evaluated in terms of the following:

(1) Submittal of proposed prices for both the base year (s) and the option year(s), if any;

(2) Any offer that is materially unbalanced may be rejected. An unbalanced offer is one (1) that is based on prices that are significantly overstated for some items and understated for other items;

(3) The Contracting Officer will compare the price proposals to the Authority’s estimate and otherwise determine reasonableness by performing a price analysis, if adequate competition exists. If, in the Contracting Officer’s judgment, adequate price competition does not exist, he or she will conduct a cost analysis in order to ascertain whether the proposed price is fair and reasonable;

(b) The offeror shall provide certified cost or pricing data if the Contracting Officer requests it.

18. TECHNICAL PROPOSAL EVALUATION

The Authority will evaluate the technical proposal in accordance with the “Evaluation Criteria” set forth in paragraph 14 and render an assessment as to the overall technical merit of the proposal.

The proposal’s failure to demonstrate that it meets or surpasses an acceptable level with respect to any such element may result in a determination that the proposal is unacceptable and thus ineligible for award.

19. PRE-AWARD INFORMATION/CONTRACTOR RESPONSIBILITY

(a) In order to be eligible for award of a Contract, a proposer 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 offeror as not responsible.

(b) The Contracting Officer may conduct a pre-award survey and/or take other actions to obtain information regarding the proposer’s responsibility, if its offer is in the competitive range or is otherwise under consideration for award. The proposer 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, a proposer 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 that the Contractor is not suspended, debarred, proposed for debarment or otherwise excluded from receiving federal awards 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 proposal is $150,000 or greater. Failure to submit forms B-12, B-13, and/or to request waivers (if applicable) may cause the proposal to be rejected. An offeror’s failure to supply this information or otherwise fully cooperate with the Authority’s inquiry may result in a determination that the offeror 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 offeror’s failure to supply this information or otherwise fully cooperate with the Authority’s inquiry may result in a determination that the offeror is not responsible for purposes of this solicitation and thereby ineligible for award.

http://www.sam.gov/

20. PRE-AWARD MEETING

The Authority reserves the right to require that a pre-award meeting be held with the apparent successful offeror prior to Contract award in order to review the offeror’s understanding of the Contract’s requirements and/or further assist the Authority in determining the offeror’s responsibility for purposes of award. The Contractor shall be represented at such meeting by individual(s) fully familiar with the Contractual requirements including, where so requested by the Contracting Officer, representative(s) of one or more major subcontractor(s).

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

22. CONTRACT AWARD

(a) At the conclusion of the technical and price evaluation processes, the Contracting Officer will award a Contract to the responsible offeror whose proposal conforms to the solicitation and is the most advantageous to the Authority based upon application of the Evaluation Criteria. Such determination shall be based upon the initial proposals received where the Contracting Officer determines not to conduct discussions or shall be based upon the BAFOs, if the Contracting Officer directs their submission.

(c) A written award mailed or otherwise furnished to the successful offeror at any time prior to withdrawal of the proposal shall result in a binding Contract without further action by either party. Discussions conducted after receipt of an offer do not constitute the Authority’s rejection or counteroffer.

(d) The Authority reserves the right to reject any and all proposals received and decline to enter into a Contract pursuant to this solicitation, if it deems such action is in the Authority’s best interests.

(e) WMATA intends to evaluate proposals and award a contract without conducting discussions with offerors; however, WMATA reserves the right to conduct discussions if the CO later determines to be necessary. Any exceptions or deviations by the offeror to the terms and conditions stated in this solicitation for inclusion in the resulting contract may make the offer unacceptable for award without discussions. If an offeror proposes exceptions to the terms and conditions of the contract, WMATA may make an award without discussions to another offeror that did not take exception to the terms and conditions of the contract.

23. PERFORMANCE/PAYMENT BONDS (N/A)

24. 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 0% 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 proposal:

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 offeror to insure that its proposal is acceptable.

The provisions of Appendix B (if attached) do not become applicable and forms do not have to be completed, unless the total proposal price is $150,000 or more. If the offer is $150,000 or more and any portion of the submittal requirement is omitted, then the proposal may be found to be unacceptable and subsequently rejected. Appendix B forms and/or waivers must be completed with great care by each offeror to ensure that the proposal is acceptable.

25. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO PROPOSE

The Washington Metropolitan Area Transit Authority hereby notifies all prospective offerors that it will affirmatively ensure that disadvantaged minority business enterprises will be afforded full opportunity to submit proposals 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 or gender identity in consideration for award.

26. 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.

Rev. 04/19

(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.

27. RESTRICTION ON DISCLOSURE AND USE OF DATA

The Authority shall provide all reasonable precautions to ensure that proprietary, technical and pricing information remains within the review process. Offerors shall attach to any proprietary data submitted with the proposal the following legend:

(a) "This data furnished pursuant to this RFP shall not be disclosed outside the Authority, be duplicated, or used, in whole or in part, for any purpose other than to evaluate the offer. If a Contract is awarded on the basis of this offer, the Authority shall have the right to duplicate, use, and disclose this data, in any manner and for any purpose whatsoever.

(b) This information does not limit the Authority's right to use information contained in this data, if the Authority obtains it from another independent, legitimate source.

(c) Except for the foregoing limitation, the Authority or its agents may duplicate, use, and disclose in any manner and for any purpose whatsoever, all data furnished in response to this solicitation."

28. 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.

29. BRAND NAME OR EQUAL (N/A)

30. 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, Rev. 04/19 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 offeror 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 offeror shall be required to provide a redacted copy of the successful technical and price proposals 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 successful proposal will be of wide public interest, WMATA will post the redacted proposal on its website. When WMATA receives three (3) or more requests for a successful proposal, WMATA will post the redacted proposal on its website.

(f) Requests for Records that are not made available during the procurement process and that are not generally made available during the de-briefing 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.