GTEA_27_001_Xpress Bus Wash Rehabilitation.pdf

GTEA SOLITCIATION NO. #27-001

Xpress Bus Wash Rehabilitation

GEORGIA TRANSPORTATION EFFICIENCY AUTHORITY

245 Peachtree Center Avenue, NE

Suite 2300 Atlanta, Georgia 30303

Schedule of Events RFP Advertisement: August 6, 2026

Mandatory In Person Pre-Proposal Conference and Site Visit: August 27, 2026 at

10:00 AM EST*

RFP Questions due to the GTEA: September 10, 2026 at 2:00 PM EST

Proposals Submission Due Date: September 24, 2026 at 2:00 PM EST

Notice of Intent to Award (NOIA) October 2, 2026*

Notice to Proceed / Letter Contract (if any) October 16, 2026*

*Dates and Times are subject to change at GTEA discretion.

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Table of Contents

1 PART 1 – GENERAL INFORMATION

1.1 PROJECT INTRODUCTION AND INSTRUCTIONS FOR OFFERORS

1.1.1 Procurement Overview

1.1.2 GTEA Background

1.1.3 Project Overview

1.1.4 Project Background

1.1.5 Restriction on Communication with GTEA

1.1.6 Compensation

1.1.7 Milestones and Substantial Completion Date

1.1.8 Project Delivery Method

1.1.9 GTEA Designated Point of Contact

1.1.10 Design-Builder Designated Point of Contact

1.1.11 Procurement Schedule

1.2 RFP TERMS AND CONDITIONS/INSTRUCTIONS TO OFFERORS

1.2.1 Deadline for Submission of Offers/Late Offers

1.2.2 Format and Submission of Offers

1.2.3 Location for Submission of Offers/Methods of Delivery

1.2.4 Questions

1.2.5 Amendments to the RFP (Addenda)

1.2.6 Confidential/Proprietary Information

1.2.7 Modification and Withdrawal of Offers

1.2.8 Single Response to RFP

1.2.9 Multiple Offers

1.2.10 Protest Procedures

1.2.11 Minority and Small Business Participation

1.2.12 Ethical Standards

1.2.13 ADA Guidelines

1.2.14 Contractual relationships

1.2.15 Offeror Conflicts of Interest

1.2.16 Contractual Provisions

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1.2.17 Registered Lobbyists

1.2.18 Responsibility for Compliance with Legal Requirements

1.2.19 Responsiveness of Offers

1.2.20 Conditional Offers

1.2.21 Period that Offers Remain Valid

1.2.22 GTEA’s Right to Request Additional Information – Design-Builder Responsibility

1.2.23 Sales and Use Taxes

1.2.24 Offer Preparation Costs

1.2.25 Waivers

1.2.26 Offer Documents Required

1.2.27 Offer Substitutions, Alternates and Exceptions

1.2.28 Reserved Rights

1.2.29 BASIS FOR AWARD

1.2.30 Offeror Responsibility

1.2.31 Notice of Intent to Award and Notice of Award

1.2.32 Offeror Firm’s Pre-Proposals Responsibilities and Representations

2 PART 2 - PROJECT REQUIRMENTS: SCOPE OF WORK

2.1 Introduction

2.2 Site Location

2.3 General Requirements

2.4 Design-Builder’s Duties; General Intent

2.5 Compliance with Codes and Standards

2.6 Key Personnel

2.6.1 Design-Builder Designated Point of Contact

2.6.2 Identification of Key Personnel

2.6.3 Personnel

2.7 DESIGN AND PRECONSTRUCTION PHASE

2.7.1 Initial Deliverables

2.7.2 Existing Building and Equipment Condition Assessment and Surveys

2.7.3 Baseline Schedule

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2.7.4 Concept Design

2.7.5 Construction Management Plan

2.7.6 Additional Preconstruction Services

2.7.7 Deliverables Liquidated Damages

2.7.8 Design Management

2.7.9 Design Development

2.7.10 Licensing, Accreditation and Registration

2.7.11 Permits

2.7.12 Early Release/Abatement & Demolition

2.7.13 Design Management

2.7.14 Equipment Requirements / Quality Assurance

2.8 CONSTRUCTION PHASE

2.8.1 Utility Conflicts

2.8.2 Site Preparation

2.8.3 Drawings & Specifications

2.8.4 Compliance with Other Requirements

2.8.5 Supervision

2.8.6 Weekly Progress Meetings

2.8.7 Delay Liquidated Damages

2.8.8 Salvage Value

2.8.9 Construction Conflict(s)

2.8.10 Site Safety

2.8.10.1 General Responsibility

2.8.11 Reporting Requirements

2.8.12 Quality Control Plan

2.8.13 Inspections and Non-Compliance

2.8.14 Project Close-out

2.8.15 Support for Initial Freezing Season (Winter)

2.8.16 Damages

2.8.17 Final Clean Up

2.9 DELIVERABLE LIST

2.9.1 Design and Preconstruction Phase Deliverables

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2.9.2 Construction Deliverables

2.9.3 Close-Out Deliverables

2.10 ACCEPTANCE

2.11 POST-CONSTRUCTION & MAINTENANCE PHASE

2.12 COSTS AND FEES

2.13 Conformance with Laws

2.14 Davis-Bacon Act

2.15 Time is of the essence: Schedule, Work Staging, and Hours of Operation

3 PART 3 - EVALUATION AND AWARD CRITERIA

3.1 Evaluation Criteria

3.2 Evaluation Process

3.3 Evaluation Committee

3.4 Oral Presentation

3.4.1 Length of Oral Presentation

3.4.2 Oral Presentation Schedule

3.4.3 Offeror Attendees

3.4.4 Topics

3.5 Proposal Evaluation

3.5.1 Proposed Lumpsum Price (20 points)

3.5.2 Proposed Equipment to be installed (20 points)

3.5.3 Relevant Experience & Capabilities of the Architect/Engineer (15 points)

3.5.4 Relevant Experience & Capabilities of the Builder (10 points)

3.5.5 Key Personnel of the Builder Team and Sub-Contractors (10 points)

3.5.6 Key Personnel of the Architect/Engineer (10 points)

3.5.7 Project Management Plan & Post Construction Maintenance Options (5 points)

3.5.8 Design-Builder Firm References (10 points)

4 PART 4 - ECONOMIC INCLUSION

4.1 Disadvantaged Business Enterprise (DBE) Participation

4.2 Subcontracting Plan

4.2.1 Copies of Subcontracts

4.2.2 Notices

5 PART 5 - PROPOSAL ORGANIZATION AND SUBMISSION

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5.1 General

5.2 Submission Identification

5.3 Delivery or Mailing of Submissions

5.4 Date and Time for Receiving Submissions

5.5 Submission Size, Organization and Offeror Qualifications

5.5.1 Executive Summary of Proposal

5.5.2 General Team Information and Firm(s) Data and Key Personnel

5.5.3 Relevant Experience

5.5.4 Project Management Plan and Post-construction Maintenance Options

5.5.5 Preliminary Pre-construction & Construction Project Schedule

5.5.6 Proposed Equipment to be installed…………………………………………………73

5.5.7 Design-Builder Firm References……………………………………………………73

5.5.8 Price Proposal……………………………………………………………………….74

6 PART 6 - BIDDING PROCEDURES & PROTESTS

6.1 Contact Person

6.2 Preproposal Conference

6.3 Explanations to Prospective Design-Build firms

6.4 Protests

6.5 Contract Award

6.6 Retention of Submissions

6.7 Examination of Submissions

6.8 Late Submissions and Modifications

6.9 No Compensation for Preparation of Submissions

6.10 Rejection of Submissions

6.11 Limitation of Authority

6.12 Non-Responsive Proposals

6.13 Contract Documents

7 PART 7 - MISCELLANEOUS PROVISIONS

7.1 Definitions

7.2 Abbreviations

8 PART 8 - ATTACHMENTS

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1 PART 1 – GENERAL INFORMATION

1.1 PROJECT INTRODUCTION AND INSTRUCTIONS FOR OFFERORS

1.1.1 Procurement Overview

The Georgia Transportation Efficiency Authority (hereinafter, the “Authority” or “GTEA”) is seeking Design-Build (“DB”) proposals (“Proposal(s)”) from Design-Builder firms (“Offerors” or

“Design-Builders”) to provide any and all design and construction services required to design and complete the rehabilitation of the bus wash operation (“Project”) at the Xpress South Operations

(“South Ops”) maintenance facility, located at 5250 Frontage Road, Forest Park, Georgia 30297 in Clayton County, Georgia. The Project shall be complete, operating and ready for use on or before the Substantial Completion Date. The purpose of this Request for Proposals (RFP) is to determine which Design-Builder will be awarded the Design-Build contract (“Agreement” or

“Contract”) for the Project. Firms responding to this RFP are cautioned to review the entire RFP and follow instructions carefully. The project shall be compliant with the Federal requirements of

Buy America, which can be retrieved by accessing the following link:

https://www.transit.dot.gov/buyamerica. GTEA will only review Proposals from Design-Build firms who attend the in-person Pre-Proposal Conference and Site Visit.

GTEA reserves the right to waive formalities, to reject any or all Offers, or to re-advertise for

Offers as may be in the best interest of GTEA. Award of Offer, if made, will be to the most responsive and qualified Offeror whose Offer is most advantageous to GTEA, price and other factors considered, such as, but not limited to, DBE status, past work performance. GTEA specifically reserves the right to take the past performance of the responding firms with GTEA and others into consideration in determining whether the responding firms and their Offers are responsive and qualified and most advantageous to GTEA.

The services to be performed shall generally fall into the following National Institute of

Governmental Purchasing (NIGP) Code:

➢ 90921 – Building Construction, Industrial, Warehouse, etc.

➢ 92537 – Facilities Design Engineering.

➢ 92924 – Car Wash Equipment Maintenance and Repair.

➢ 94034 – Construction, Transit Facility, Other, Including Rehabilitation, Maintenance and

Repair).

https://www.transit.dot.gov/buyamerica

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All respondents to this RFP are subject to the instructions communicated in this document and are cautioned to review the entire RFP and carefully follow the instructions herein.

Offers will be accepted until 2:00 PM (EST) on the Proposals Submission Due Date.

Instructions for requesting or accessing a copy of the RFP are included below

1.1.2 GTEA Background

The Georgia Transportation Efficiency Authority (GTEA) is a state-level, independent Authority created by the Georgia General Assembly. GTEA manages the Xpress Commuter Coach Service, which provides workers with reliable, stress-free commutes to and from major employment centers in the Atlanta metropolitan areas (Downtown, Midtown, and Perimeter centers or suburbs) as well as administrating the Atlanta region’s vanpool program.

1.1.3 Project Overview

GTEA is issuing this RFP to engage a Design-Builder to rehabilitate and modernize the bus wash operation at South Ops maintenance facility. The Project includes, among other things design, preconstruction, construction, and post-construction services to modernize the existing facility to accommodate both buses’ body washing and engines steam-cleaning (collectively the “Work”).

The project requires the expansion of the existing bus washing bay and or building a new bay adjacent to the existing bus washing bay for separating the engine steam-cleaning operation from the buses’ body washing operation.

1.1.4 Project Background

The existing Xpress South Ops maintenance facility was originally constructed in 2017. The facility serves both as a depot (for storing buses) and as a maintenance location (for repairing buses). The facility has yet received any major rehabilitation or modernization projects other than routine maintenance repairs to keep it functional. The entire site is approximately 42,300 square yards and the existing bus wash measures approximately 45 feet by 90 feet. The facility serves currently about 67 coach buses. GTEA anticipates about 30 to 35 buses will be using the needed bus wash per day, and each bus’s engine to be steam-cleaned at least once a month.

It is anticipated that the facility, except the bus wash, will be kept operational for the entire duration of the construction period. Based on this, the Design-Builder will be required to provide any necessary design services that aim at keeping all functions of the site operational during construction, other than bus washing and steam-cleaning engines. The design should implement the latest applicable building codes for ADA accessibility and fire life safety systems. The Design-

Builder shall need to consider all current industrial building standards, such as Sustainability/High

Performance Best Practices, Building Automation Systems (“BAS”), etc. The design should also meet or exceed the minimum threshold for sustainability requirements for state-owned buildings that undergo renovations.

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1.1.5 Restriction on Communication with GTEA

From the issue date of this RFP until the final award is announced, Offerors are not allowed to communicate, for any reason, with any GTEA staff or Board members regarding this RFP except through the issuing officer, GTEA’s sole Point-of-Contact (“POC”). Prohibited communication includes all contact or interaction, including but not limited to telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, entertainment, or otherwise. GTEA reserves the right to reject the Offer of any Offeror violating this provision.

1.1.6 Compensation

As is more fully described in the Contract, this project is a Lump sum fee for the initial site condition assessment phase, the design phase, and construction phase. The post-construction phase

(maintenance period after the warranty period ends) is to be priced under this RFP but will be paid out on a yearly basis.

1.1.7 Milestones and Substantial Completion Date

The final design development submittal is required within three (3) months of the Notice-to-

Proceed (NTP) date and construction documents submittal, including permit(s), are required within four (4) months of the NTP date. The Project shall be substantially completed on or before the Substantial Completion Date, which is within nine (9) months from the NTP date. The design and construction phase are required to end within twelve (12) months for the NTP date.

1.1.8 Project Delivery Method

GTEA intends to implement the Project through a design-build approach. The scope of work for the Project (“Scope of Work”) will be divided into three phases: (i) the design and preconstruction

Phase; (ii) the construction phase, and (iii) the post-construction or maintenance phase.

During the design and preconstruction phase, the selected firm (Design-Builder), in consultation with GTEA, will be required to (i) conduct an assessment of the existing condition of the site

(including existing equipment); (ii) propose and develop the design in accordance with the requirements of this RFP and minutes of the kickoff meeting; produce drawings & specifications and or submit drawings & specifications for permit(s) obtention, if needed; (iii) Obtain the GTEA’s

Acceptance of the final design drawings & specifications (“Construction Documents”) for the

Project prior to progressing into the construction phase; and (iii) participate in any compliance requirements with federal, state, and local government(s) and GTEA’s partners.

During the Construction Phase, the Design-Builder, in consultation with GTEA, will be required to provide construction and construction administration services to (i) selectively demolish and

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(iii) train GTEA personnel on the use and operation of the rehabilitated facility and equipment.

The Project needs to be completed and ready for operation no later than the Substantial Completion

Date. GTEA contemplates that construction will begin in the late Fall of 2026. The interior and/or exterior demolition of the existing bus wash building, and other long lead items may be authorized earlier, if necessary.

1.1.9 GTEA Designated Point of Contact

GTEA’s sole Point-of-Contact (“POC”) for matters related to this RFP is the only individual authorized to discuss this RFP with any interested parties, including Offerors. All communications with the GTEA’s POC about the Project or this RFP (excluding protests submitted in accordance with Part 1, Section 2.10 below) shall be sent in writing to:

Name: Charnele Dobbins

Title: Procurement Manager

Mailing address: Georgia Transportation Efficiency Authority

Administration & Finance Division

245 Peachtree Center Avenue NE, Suite 2300

Atlanta, Georgia 30303

Phone number: (470) 330-0712

Email: GTEAProcurement@gtea.ga.gov

GTEA disclaims the accuracy of information derived from any source other than the GTEA’s POC, and the use of any such information is at the sole risk of the Offeror firm. All communications and requests for information shall be submitted by the Offeror’s point of contact identified in the proposal. Written communications to GTEA from Offerors shall specifically reference the correspondence as being associated with the Xpress Bus Wash Rehabilitation.

1.1.10 Design-Builder Designated Point of Contact

See Section 2.6.1 – Design-Builder Designated Point of Contact, for details.

1.1.11 Procurement Schedule

The GTEA anticipates conducting the procurement of the Project in accordance with the following list of milestones leading to award of the Agreement. The Schedule of Events set out herein represents the GTEA’s estimate of the schedule that will be followed. However, delays to the procurement process may occur which may necessitate adjustments to the proposed schedule. If a component of this schedule is delayed, the Schedule of Events may be shifted as appropriate and at the GTEA’s discretion. Any changes to the Schedule of Events up to the Offer Submission

Deadline will be posted to the Georgia Procurement Registry.

mailto:GTEAProcurement@gtea.ga.gov

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➢ RFP Advertisement: August 6, 2026

➢ Mandatory In person Pre-Proposal Conference and Site Visit: August 27, 2026 at

10:00 AM EST*

➢ RFP Questions due to the GTEA: September 10, 2026 at

2:00 PM EST

➢ Proposals Submission Due Date: September 24, 2026 at

2:00 PM EST

➢ Notice of Intent to Award (NOIA) October 2, 2026*

➢ Notice to Proceed / Letter Contract (if any) October 16, 2026*

*Dates and Times are subject to change at GTEA discretion.

Follow-up site visits may be accommodated upon email requests only from firms who attended the pre-proposal conference and site visit, scheduled for August 27, 2026*.

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1.2 RFP TERMS AND CONDITIONS/INSTRUCTIONS TO OFFERORS

1.2.1 Deadline for Submission of Offers/Late Offers

Offers submitted in response to this RFP must be received by GTEA no later than 2:00 p.m.

(EST) on the Offer Due Date to ensure that they are evaluated for contract award. Offers received after the submission deadline will not be evaluated.

1.2.2 Format and Submission of Offers

See PART 5 - PROPOSAL ORGANIZATION AND SUBMISSION for details.

1.2.3 Location for Submission of Offers/Methods of Delivery

Offers must be submitted exclusively to the GTEA’s POC at the address noted in Section

1.1.9. It is the sole responsibility of the Offeror to ensure that its Offer is successfully delivered to GTEA by the specified date and time. GTEA is not responsible for late or lost deliveries of Offers, for whatever reason.

Offers that are submitted by hand delivery or delivery by U.S. Postal Service or private courier/delivery service must be delivered to address noted in Section 1.1.9.

All envelopes, packages, and/or boxes (including all envelopes, packages, and/or boxes submitted within a larger envelope, package, or box) containing an Offer must be clearly marked with the following identifier on the outside of the envelope, package or box:

“Offer in response to GTEA RFP No. 27-001:

Xpress Bus Wash Rehabilitation

ATTN: Charnele Dobbins, Procurement Manager

To be opened by addressee only.”

The responsibility for submitting an Offer to GTEA on or before the stated time and date will be solely and strictly the responsibility of the Offeror. It is the sole responsibility of the

Offeror to ensure that its Offer is successfully delivered to GTEA by the specified date and time. GTEA will in no way be responsible for delays caused by the United States mail delivery, common carrier or any other cause or occurrence. Verbal, faxed, or unsealed Offers will not be accepted.

Failure to clearly mark all envelopes, packages, and/or boxes as specified may result in the

Offer being discovered and/or opened late. GTEA is not responsible for Offers discovered and/or opened late due to Offeror’s failure to mark the Offer as specified. Offers received after the Offer Due Date, due to late delivery or late discovery due to Offeror’s failure to mark the Offer as specified, may result in the GTEA disqualifying the Offer from consideration for Contract award.

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1.2.4 Questions

Questions regarding the RFP must be submitted in writing, defined as being received via letter on official firm/agency letterhead or by electronic mail, by 2:00 p.m. (EST) on the RFP

Questions due date established within the Procurement Schedule section. Written questions must be submitted for the attention of the GTEA’s POC, in accordance with Section 1.1.9 above, on the Questions and Answers template provided.

The final Contract that the GTEA expects to award as a result of this RFP is attached hereto as Attachment #2 – Draft Contract. Therefore, all costs associated with complying with the requirements of the Contract shall be included in any pricing submitted by the Offeror. Please review the Contract and submit any and all questions, clarifications, and recommendations to the Issuing Officer by the deadline date and time specified in this RFP. All questions, clarifications, and recommendations must be submitted using the Questions and Answers

Template. Should there be any changes made to the Contract as a result of requests received, the GTEA shall post a Final Contract via formal addendum to the RFP. Absent the issuance of a formal addendum containing a Final Contract, Offerors should plan on the Contract terms and conditions as attached hereto as Attachment #2 – Draft Contract.

Answers to all questions received by the applicable deadline will be posted to both the

Georgia Procurement Registry website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp .

It is the sole responsibility of the Offeror to make itself aware of GTEA’s responses to written questions the Offeror has submitted. Responses to questions are provided as information only and do not in any way alter the contents of the RFP inclusive of the Scope of Services, the remainder of the RFP documents, or the Contract. Revisions to the RFP or to the Contract shall be made only via formally issued addenda. Only such written addenda posted online shall constitute revisions to the RFP.

1.2.5 Amendments to the RFP (Addenda)

GTEA reserves the right to revise or amend the RFP up to the time set for the submission of

Offers. Such revisions and amendments, if any, shall be announced by written addenda to the RFP and posted on the GTEA website as set forth below. If an addendum significantly changes the RFP, the date set for the submission of Offers may be postponed by such number of days as in the opinion of GTEA shall enable potential Offerors to revise their Offers. The addendum shall include an announcement of the new date, if applicable, for the submission of Offers.

Upon issuance, addenda will be considered part of the RFP and will prevail over inconsistent or conflicting provisions contained in the original RFP. Copies of all addenda will be made available on the Georgia Procurement Registry. GTEA will not be responsible for a potential

Offeror failing to receive notification of the availability of Addenda. It is the responsibility of the Offeror to check the Georgia Procurement Registry daily to ensure that it has received notification of any changes to the RFP.

http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp https://atltransit.ga.gov/doing-business-with-atl/ https://atltransit.ga.gov/doing-business-with-atl/

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Offerors shall acknowledge receipt of all addenda by completing and submitting Offer

Document #3 (Acknowledgement of Addenda), as part of its RFP. As with other required documentation, Offerors that fail to reference receipt of addenda by inclusion of Offer

Document #3 (Acknowledgement of Addenda) may be excluded from consideration for a contract award.

GTEA will not be responsible for a potential Offeror failing to receive notification of the availability of Addenda.

EACH OFFEROR IS INDIVIDUALLY RESPONSIBLE FOR REVIEWING ADDENDA

AND ANY OTHER POSTED DOCUMENTS AND MAKING ANY NECESSARY OF

APPROPRIATE CHANGES AND/OR ADDITIONS TO THE OFFEROR’S RESPONSE

PRIOR TO SUBMISSION.

It is the sole responsibility of each potential Offeror to check the Georgia Procurement

Registry websites regularly for addenda.

1.2.6 Confidential/Proprietary Information

Any and all materials submitted in response to this RFP are subject to public inspection, pursuant to the provisions of O.C.G.A. § 50-18-70 et seq., Georgia’s Open Records Act, upon completion of the RFP process. Each Offeror will be responsible for clearly identifying and labeling any records contained in its Offer as "trade secret" that the Offeror has reasonably determined meet the definition of "trade secret" under Section 10-1- 761(4) of the Georgia Code and that the Offeror wishes to be exempt from disclosure under Section

50-18- 72(a)(34) of the Georgia Code or any other applicable law. The Offeror must attach to its Offer an affidavit affirmatively declaring that specific information in the Records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Georgia Code.

If GTEA receives a request for public disclosure of all or any portion of the materials identified as "trade secrets" in an Offer in accordance with this RFP, before producing such records in response to such request, GTEA shall notify the Offeror of its intention to produce such records.

If GTEA makes a determination that the specifically identified information does not in fact constitute a trade secret, it shall notify the Offeror of its intent to disclose the information within ten (10) days unless prohibited from doing so by an appropriate court order. If the

Offeror wishes to prevent disclosure of the requested Records, the Offeror may file an action in Fulton County Superior Court to obtain an order that the requested records are trade secrets exempt from disclosure. The Offeror shall serve the requestor with a copy of its court filing.

If GTEA makes a determination that the specifically identified information does constitute a trade secret, GTEA shall withhold the records, and the requester may file an action in Fulton

County Superior Court to obtain an order that the requested records are not trade secrets and are subject to disclosure.

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Offerors are advised that their designation as "trade secret" will not be binding on GTEA or determinative of any issue relating to confidentiality. GTEA will not accept blanket designations that do not clearly identify information and materials that are "trade secrets".

GTEA may, in its sole discretion, and subject to compliance with the Open Records Laws and other applicable law, treat the whole of the relevant Section(s)/ document(s) that are subject to such a blanket designation as subject to disclosure pursuant to the Open Records

Laws.

All material submitted regarding the RFP becomes the property of GTEA. Any activity pursuant to this RFP by any Offeror is governed by all applicable laws, including without limitation, Georgia and Federal antitrust laws. GTEA is not responsible for returning to an

Offeror any or all of the Offer or other information furnished by that Offeror.

In no event will the State, GTEA, or any of their agents, representatives, consultants, directors, officers, or employees be liable to an Offeror for the disclosure of all or a portion of any Offer submitted in response to this RFP.

Nothing contained in this provision shall modify or amend requirements and obligations imposed on GTEA or any other State entity by the Open Records Laws or other applicable law, and the provisions of the Open Records Laws or other laws shall control if there is a conflict between the procedures described above and the applicable law

1.2.7 Modification and Withdrawal of Offers

Modifications - GTEA will permit modifications to an Offer after it has been submitted up until the Offer Due Date for accepting Offers. The Offer can be picked up by a representative of the Offeror and then it is the Offeror’s responsibility to resubmit before the deadline. Once an Offer has been picked up for modification, GTEA has no response from the Offeror.

Unless and until the Offeror resubmits the received Offer, GTEA will have no Offer from the Offeror to evaluate for possible Contract award. Any resubmission must be received by

GTEA no later than the Offer Due Date.

Withdrawal - An Offer may be withdrawn upon request by the Offeror without prejudice up until the Offer submission deadline for submitting Offers, provided that the request is in writing, has been executed by the Offeror or the Offeror’s duly authorized representative and has been filed with GTEA. Once an Offer has been withdrawn, GTEA has no response from the Offeror. Unless and until the Offeror resubmits the received Offer, GTEA will have no

Offer from the Offeror to evaluate for possible Contract award. Any resubmission must be received by GTEA no later than the Offer Due Date.

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1.2.8 Single Response to RFP

If only one Offer is received in response to this RFP, a detailed cost analysis of the single

Offer may be requested of the single Offeror. A cost analysis, evaluation, and/or audit of the

Offer may also be carried out by GTEA in order to determine if the Offer price is fair and reasonable. If GTEA determines that a cost analysis is required, the single Offeror must be prepared to provide, upon request, detailed summaries of estimated costs (i.e., labor, equipment, supplies, overhead costs, profit, etc.) and documentation supporting all cost elements.

1.2.9 Multiple Offers

Offerors may be rejected if more than one Offer is received from a single individual, firm, partnership, corporation, or combination thereof, under the same or different names. Such duplicate interests may cause the rejection of all Offers in which such Offeror has participated.

1.2.10 Protest Procedures

GTEA’s protest policy shall govern this RFP, and it can be found at:

https://atltransit.ga.gov/wp- content/uploads/2019/04/GTEA-Procurement-Policy-Clean-2-

6-19.pdf

1.2.11 Minority and Small Business Participation

GTEA strongly supports the participation of minority and small business owners in its contracts. It is the policy of the GTEA to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. It is the intention of GTEA to create a level playing field on which minority-owned and small businesses can compete fairly for contracts and subcontracts relating to its construction, procurement, and professional services activities in compliance with the requirement of 49 C.F.R.

The Contract under this RFP is subject to the requirements of Title 49, Code of Federal

Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. GTEA’s overall goal for DBE participation in federally funded contracts awarded during FFY’26-FFY’27 (October 1, 2025, and September 30, 2026) is 10.31%. GTEA has not established a separate DBE goal for this project. The Design-Builder shall take all necessary and reasonable steps to ensure that DBEs participate in at least the percentage of the Contract as set forth above as GTEA’s overall goal for DBE participation in federally funded contracts.

The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this RFP and resulting Contract. It is GTEA’s policy to practice nondiscrimination based on age, disability, race, gender, color, sex, religion or national origin in the award or performance of this contract. All companies qualifying under this RFP are encouraged to submit Offers. The requirements of this RFP apply to all Offerors, including those who https://atltransit.ga.gov/wp-content/uploads/2019/04/ATL-Procurement-Policy-Clean-2-6-19.pdf https://atltransit.ga.gov/wp-content/uploads/2019/04/ATL-Procurement-Policy-Clean-2-6-19.pdf https://atltransit.ga.gov/wp-content/uploads/2019/04/ATL-Procurement-Policy-Clean-2-6-19.pdf https://atltransit.ga.gov/wp-content/uploads/2019/04/ATL-Procurement-Policy-Clean-2-6-19.pdf https://atltransit.ga.gov/wp-content/uploads/2019/04/ATL-Procurement-Policy-Clean-2-6-19.pdf

18 | P a g e qualify as a Disadvantaged Business Enterprise (DBE) and/or Small Business Enterprise

(SBE). Offerors with questions regarding DBE and SBE certification may contact the

Issuing Officer. Additional Contract requirements related to participation by DBEs and

SBEs are specified in the Attachment #2 – Draft Contract.

As an incentive to increase utilization of minority-owned businesses as subcontractors on

State purchases, the State of Georgia provides for an income tax adjustment on the state tax return of any company that subcontracts with a State certified minority-owned firm to furnish goods, property, or services to the State of Georgia. The Tax Incentive Program is codified at O.C.G.A. §48-7-38 and is managed by the Georgia Department of Revenue.

Design-Builder shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Design-Builder shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by

Design-Builder to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as GTEA deems appropriate. Each subcontract that the selected Design-Builder signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

Design-Builder will be required to report its DBE participation obtained through race-neutral means throughout the Term of Agreement.

Design-Builder is required to pay its subcontractor(s) performing work related to this

Agreement for satisfactory performance of that work no later than fifteen (15) calendar days after Design-Builder’s receipt of payment for that work from GTEA. In addition, Design-

Builder may not hold retainage from its subcontractors.

Design-Builder must promptly notify GTEA whenever a DBE subcontractor performing work related to this Agreement is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Design-Builder may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent from GTEA.

1.2.12 Ethical Standards

It is a breach of ethical standards for any GTEA employee to participate directly or indirectly in a procurement when the employee knows:

➢ The employee or any member of the employee’s immediate family has a financial interest pertaining to the procurement.

➢ A business or organization in which the employee, or any member of the employee’s immediate family, has a financial interest pertaining to the procurement; or

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➢ Any other person, business or organization with whom the employee or any member of employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.

GTEA employees are also bound by the Georgia Governor’s Executive Order, dated April

1, 2021, for “Establishing a Code of Ethics for Executive Branch Officers and Employees.”

The Executive Order prohibits GTEA and GTEA employees, or any person acting on their behalf, from accepting, directly or indirectly, any gift from any person with whom the employee interacts on official GTEA business. Therefore, it is unlawful for a potential

Offeror, or its subcontractors or suppliers, to make gifts or favors to any GTEA employee.

It is also unlawful for any GTEA employee to accept any such gift or favor. In addition, any person acting as members of the Evaluation Committee for this procurement shall, for the purposes of this procurement, be bound by the referenced Executive Order.

Throughout the Offer evaluation and award process and subsequent contract negotiations, Offerors shall not discuss or seek specific information about this procurement, including but not limited to, the contents of submissions, the evaluation process or the contract negotiations, with members of the evaluation committee, the GTEA Board of Directors, or

GTEA employees other than the Issuing Officer. Any prospective Offeror, anyone representing the Offeror, any subcontractor or supplier on the Prospective Offeror’s team, or anyone representing a subcontractor or supplier on the Offeror’s team who attempts to influence any member of the evaluation committee, the GTEA Board of Directors, or

GTEA employees in regards to this RFP by offering or giving any advantage, gratuity, discount, bribe, or loan to any member of the GTEA Board of Directors or GTEA employees will have its Offer removed from consideration for Contract award.

1.2.13 ADA Guidelines

GTEA adheres to the guidelines set forth in the Americans with Disabilities Act. Offerors should contact the Issuing Officer at least one day in advance if they require special arrangements when attending a Pre-Offer Conference. The Georgia Relay Center at 1-800-

255-0056 (TDD only) or 1-800-255-0135 (Voice) will relay messages, in strict confidence, for the speech and hearing impaired.

1.2.14 Contractual relationships

GTEA intends to execute a Contract, included as Attachment #2 – Draft Contract. The selected Design-Builder’s contractual RFP responsibility must solely rest with one firm or legal entity, which shall not be a subsidiary or affiliate with limited resources. Offeror’s

Offer Letter, included as Offer Document #2 of this RFP, must clearly indicate the firm or entity responsible for contract execution.

1.2.15 Offeror Conflicts of Interest

Offeror must disclose in detail, with the Offer, anything that may create a conflict or appearance of a conflict of interest. For purposes of this RFP, “conflict of interest” means

20 | P a g e any situation or circumstance arising out of existing or past activities, business interests, familial relationships, contractual relationships or organizational structure (i.e., parent entities, subsidiaries, affiliates, subconsultants, etc.) or litigation where:

1.) Offeror, a key team member or key personnel could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of GTEA’s independent judgment; or 2.) could or could be seen to compromise, impair or be incompatible with the effective performance of its obligations under the resulting Contract.

Required disclosures include but are not limited to: 1.) any current contractual relationships with the GTEA any of their employees or board members; 2.) any past, present or planned contractual or employment relationships with any officer or employee of GTEA; and 3.)

any other circumstances that might be considered to create a financial interest in the

Contract GTEA or any of their respective employees or board members if Offeror is awarded the Contract. The foregoing list is a demonstrative list and shall constitute a limitation on the Offeror’s disclosure obligations.

GTEA, in its sole discretion, will make a determination relative to a real or perceived potential conflict for an Offeror and its ability to mitigate such a conflict. An Offeror found to have a Conflict of Interest that cannot be mitigated, as determined in the sole discretion of GTEA, shall not have its Offer submission evaluated for Contract award. Failure to comply with the requirements in this RFP or to abide by the GTEA’s determination in this matter may result in the GTEA disqualifying the Offeror from submitting an Offer, disqualifying the offending team member from participating on an Offeror’s team or, following submission of an Offer, discontinuing further consideration of such Offeror and its Offer. Conflicts of interest that arise after the Offer Due Date, but before the Notice of

Award, must be disclosed in detail in writing to the Issuing Officer.

1.2.16 Contractual Provisions

GTEA shall execute the Contract, included as Attachment #2 – Draft Contract to this RFP, with the successful Offeror for the provision of the required services with the selected

Design-Builder(s). The selected Design-Builder’s contractual responsibility must solely rest with one legal entity, which shall not be a subsidiary or affiliate with limited resources.

Offeror’s Offer Letter, included as Offer Document #2 of this RFP, must clearly indicate the firm or entity responsible for contract execution.

GTEA shall not be a party to agreements between the selected Design-Builder and/or any subcontractors it may choose to employ during fulfillment of the Contract. Additional contract requirements related to subcontractors are specified in the Contract.

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1.2.17 Registered Lobbyists

By submitting a response to this RFP, the Offeror hereby certifies that the Offeror and its lobbyists are in compliance with the Lobbyist Registration Requirements in accordance with the Georgia Government Transparency and Campaign Finance Commission.

1.2.18 Responsibility for Compliance with Legal Requirements

Offeror’s products, services, and facilities shall be in full compliance with any and all applicable federal, state, and local laws, regulations, ordinances, and standards regardless of whether or not they are referred to in this RFP.

1.2.19 Responsiveness of Offers

Offers must be complete in all respects, as required in this RFP. An Offer may be rejected by

GTEA if it is conditional; incomplete; fails to meet any requirement included in the RFP; or, contains any alterations of form or other irregularities of any kind.

1.2.20 Conditional Offers

Terms and conditions attached to an Offer by an Offeror and made a condition of Contract execution may render the Offer non-responsive and may be rejected by GTEA.

1.2.21 Period that Offers Remain Valid

Each Offeror agrees that Offers will remain firm for a period of one hundred and twenty

(120) calendar days beginning with the date that cost Offers are opened. Following the deadline for Offer submission, no Offer may be withdrawn for a period of 120 calendar days.

Requests for withdrawal of Offers after 120 calendar days following the deadline for Offer submission must be submitted to GTEA in writing (defined as being sent or received via letter or on official firm/agency letterhead or by electronic mail). Such requests for withdrawal of Offers must be submitted in writing to the attention of Issuing Officer.

1.2.22 GTEA’s Right to Request Additional Information – Design-Builder Responsibility

Prior to award, GTEA must be assured that the selected Design-Builder has all of the resources to successfully perform under the Contract. This includes, but is not limited to, adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the on-going needs of GTEA, financial resources sufficient to complete performance under the Contract, and relevant experience in similar endeavors. If such information is required, the Design-Builder will be notified and will submit the information requested within the time requested by GTEA.

1.2.23 Sales and Use Taxes

GTEA is exempt from paying sales and use taxes. All pricing provided in response to this

RFP shall exclude sales and use taxes.

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1.2.24 Offer Preparation Costs

Each Offer should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete Offer. All costs incurred by any interested party in responding to this RFP shall be borne by such interested parties, and GTEA shall have no responsibility whatsoever for any associated direct or indirect costs related to the development or any other aspect of the Offers or this RFP. No protestor, any interested party nor any other third party shall be entitled to recover any costs incurred in connection with the procurement process, the RFP, the protest, and/or compliance or attempted compliance with this policy, including preparation costs or attorneys’ fees.

1.2.25 Waivers

GTEA may waive informalities or irregularities including, but not limited to typographical, mathematical, obvious errors, or other informalities or irregularities.

1.2.26 Offer Documents Required

For this procurement, Offerors must complete, sign (if applicable) and return the following documents:

Offer Document 1 (Proposal Checklist)

Offer Document 2 (Offer Letter)

Offer Document 3 (Acknowledgement of Addenda to RFP)

Offer Document 4 (Proposer Information Form)

Offer Document 5 (Offeror Certifications)

Offer Document 6 (Proposal Form) [Attachment #3]

Offer Document 7 (Technical Proposal Organization and Submittal)

Offer Document 8 (Buy-America Certification)

Offer Document 9 (Contractor E-Verify Affidavit)

Offer Document 10 (Subcontractor Affidavit under O.C.G.A)

Offer Document 11 (Subcontractors and DBE with categories)

Offer Document 12 (Certification Regarding Suspension and Debarment)

Offer Document 13 (Certification Regarding Lobbying)

Offer Document 14 (Non-Collusion Affidavit)

Offer Document 15 (Certification of No Boycott of Israel)

Offer Document 16 (Statement of Responsibility Certification)

Offer Document 17 (Sales and Use Tax Compliance)

See PART 5 - PROPOSAL ORGANIZATION AND SUBMISSION, for additional required Offer Documents.

1.2.27 Offer Substitutions, Alternates and Exceptions

Offerors that propose alternate materials, services, techniques, or equipment or substituted items that materially deviate from the items and/or services required in the technical requirements and specifications of this RFP, may have their Offers rejected.

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Any exceptions that the Offeror has in their submitted Offers must also be clearly noted within the Offer to be considered by GTEA, regardless of whether or not such exceptions have been previously communicated to GTEA.

PLEASE NOTE THAT OFFERORS SUBMITTING EXCEPTIONS TO THE

REQUIREMENTS AND SPECIFICATIONS OF THIS RFP IN THEIR SUBMITTED

OFFER DO SO AT THEIR OWN PERIL, SINCE EXCEPTIONS MAY RESULT IN A

DETERMINATION OF “NON-RESPONSIVENESS” OF THE OFFEROR AND/OR

THEIR OFFER.

1.2.28 Reserved Rights

In connection with this RFP, GTEA reserves to itself all rights (which rights are exercisable by GTEA in its sole discretion) available to it under its Procurement Policy and applicable law, including without limitation, with or without cause, and with or without notice, the right to:

(a) Modify the procurement process or documentation described in this RFP.

(b) Develop the project in any manner that it, in its sole discretion, deems necessary or desirable, including by modifying the scope of the project.

(c) Cancel this RFP, or a subsequent RFP, in whole or in part at any time prior to the execution by GTEA of the Contract, without incurring any cost obligations or liabilities except as otherwise expressly stated in this RFP or the subsequent RFP.

(d) Issue a new Request for Proposals after cancellation of this RFP or a subsequent

RFP(s).

(e) Not issue an RFP.

(f) Reject any and all submittals, responses, and Offers at any time.

(g) Reject any and all Offers or any portion of a specific Offer for any reason.

(h) Modify all dates set or projected in this RFP.

(i) Terminate evaluations of Offers at any time.

(j) Issue amendments, supplements, and modifications to this RFP.

(k) Appoint evaluation committees to review Offers and seek the assistance of outside technical experts and consultants in Offer evaluation.

(l) Make independent calculations with respect to numbers and calculations submitted in an Offer for purposes of its evaluation.

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(m) Require confirmation of information furnished by an Offeror, require additional information from an Offeror concerning its Offer and require additional evidence of qualifications or ability to perform the Work described in this RFP.

(n) Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFP.

(o) Add or delete Offeror’s responsibilities from the information contained in this RFP.

(p) Negotiate with an Offeror without GTEA being bound by any provision of an

Offeror's Offer or subsequent Offer.

(q) Waive administrative or minor deficiencies in an Offer, accept and review a non-conforming Offer or permit clarifications or supplements to an Offer.

(r) Disqualify any Offeror who changes his Offer without GTEA approval.

(s) Disqualify any Offeror from the procurement process for violating any rules or requirements of the procurement specified in this RFP, the RFP, applicable law, or any other communication from GTEA.

(t) (As and solely to the extent applicable) adjust the terms of, or not pursue federal financing programs, or adjust the terms of, or not pursue other financing or public funding for the Project on behalf of the Offerors, or otherwise.

(u) Develop some or all of the Project itself or through another state or local government entity or entities.

(v) Disclose information submitted to GTEA as permitted by applicable law or this RFP.

(w) Not issue a notice to proceed after execution of the Project Agreement.

(x) Exercise any other right reserved or afforded to GTEA under this RFP or a subsequent

RFP(s) and applicable law.

(y) Exercise its discretion in relation to the matters that are the subject of this RFP as it considers necessary or expedient in light of all circumstances prevailing at the time that GTEA considers to be relevant.

This RFP does not commit GTEA to enter into the Contract or proceed with the procurement described in this RFP. GTEA and the State assume no obligations, responsibilities or liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to or responding to this RFP, or any subsequent RFP. All such costs shall be borne solely by each Offeror.

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Except as provided in this RFP, in no event will GTEA be bound by, or liable for, any obligations with respect to the Project until such time (if at all) as the Contract has been authorized by GTEA and executed by GTEA and then, only to the extent provided in the Contract. No Offeror shall have any cause of action against the GTEA arising out of the methods by which Offers are evaluated.

GTEA has the sole right to select the successful Offer(s) for contract award(s); to cancel the RFP and to advertise for new Offers; to award a contract(s) to other than the Offeror submitting the lowest cost Offer; to award multiple contracts; or not to award a contract as a result of this RFP.

GTEA reserves the right to accept any Offer deemed to be in the best interest of GTEA and to waive any irregularity or informality in any Offer that does not prejudice the GTEA or other…