IFB 027-004 Wheelset & Traction Motor Overhaul, Repair and Rehab-final.pdf

IFB No.: 027-004

IFB Title: Wheelset and Traction Motor Overhaul, Repair, and

Rehabilitation Services

Virginia Railway Express

VIRGINIA RAILWAY EXPRESS

INVITATION FOR BIDS

(IFB) No. 027-004

WHEELSET AND TRACTION MOTOR

OVERHAUL, REPAIR, AND

REHABILITATION SERVICES

IFB Issued: October 14, 2026

Contact: Amanda Vitko, Contracts Administrator

Virginia Railway Express, 1500 King Street, Suite 202, Alexandria, VA 22314

Main Office: (703) 684-1001 Direct/Fax: (703) 838-5414 Email: avitko@vre.org

Contact: Kristin Nutter, Director of Purchasing and Contract Administration

Virginia Railway Express, 1500 King Street, Suite 202, Alexandria, VA 22314

Main Office: (703) 684-1001 Direct/Fax: (703) 838-5441 Email: knutter@vre.org mailto:avitko@vre.org mailto:knutter@vre.org

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TABLE OF CONTENTS

I. INTRODUCTION TO IFB

II. PROCUREMENT SCHEDULE

III. INSTRUCTIONS TO BIDDERS

IV. SPECIAL PROVISIONS

V. GENERAL PROVISIONS

VI. INSURANCE REQUIREMENTS

VII. SWaM BUSINESS UTILIZATION

VIII. ATTACHMENTS

Attachment A – Scope of Work

Attachment B – Wheelset and Traction Motor Overhaul, Repair, and

Rehabilitaion Specification

Attachment C– Representations, Certifications and Other Statements of

Bidders/Offerors

Attachment D – Bid Form Certification

Attachment D1 – Bid Form

Attachment E – Federal Transit Administration (FTA) Third Party Contract

Provisions

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I. INTRODUCTION TO IFB

57. PURPOSE

The purpose of this Invitation for Bids (IFB) is to establish a Contract with one

(1) qualified and experienced Contractor for wheelset and traction motor overhaul, repair, and rehabilitation services for VRE’s fleet of Gallery IV passenger railcars and MP36PH-3C locomotives.

58. VRE BACKGROUND

A. The Virginia Railway Express (VRE) is a commuter rail service linking the

District of Columbia and Northern Virginia. The Northern Virginia

Transportation Commission (NVTC) and the Potomac and Rappahannock

Transportation Commission (PRTC) are transportation districts established under

Virginia law and jointly own this service. An Operations Board consisting of members from each of the jurisdictions within the VRE service area governs the development and operation of VRE and serves as an advisory board to the NVTC and PRTC governing boards. Use of the term VRE in this RFP refers to NVTC and PRTC.

B. VRE began operations in 1992 on two (2) lines, Fredericksburg and Manassas. In

June of 2025, VRE’s Operations Board adopted System Plan 2050 providing both a long-range vision for 2050 service as well as a near-term implementable 2030 service plan, based largely on the expected infrastructure and rolling stock constraints in the 2030 decade, but also on the opportunities to increase service as a result of programmed VRE and Transforming Rail in Virginia (TRV) infrastructure projects expected to be complete by that time.

C. The primary mission of VRE is to provide commuter-oriented passenger rail service between the outlying suburbs and the Washington-Arlington-Alexandria urban core. Some tourists and “day-trippers” also ride the trains. The service is heavily oriented towards that core area in the morning peak and in the opposite direction in the evening peak.

59. FUNDING

This project is funded in whole or part by Federal and State grants and is subject to certain provisions required by the respective Federal and State agencies. The

Contractor shall not perform any act, fail to perform any act, or refuse to comply with any VRE requests which would cause VRE to be in violation of Federal and

State agency terms and conditions

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II. PROCUREMENT SCHEDULE

IFB Issued October 14, 2026

Submission of Written Questions October 21, 2026 by 2:00 P.M. Eastern Time (ET)

Bids Due (Closing Date & Time) November 17, 2026 by 2:00 P.M. ET

Bid Opening November 17, 2026 at 2:00 P.M. ET

Virginia Railway Express (VRE) reserves the right to make changes to the above-referenced schedule. All such changes shall be made by an addendum to the solicitation. Bidders must frequently monitor VRE’s website at www.vre.org for information concerning this solicitation, including any addenda or notices.

http://www.vre.org/

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III. INSTRUCTIONS TO BIDDERS

I. INTRODUCTION

01. OBLIGATION OF BIDDER

A. Before submitting a Bid, the Bidder shall be responsible for reading and examining the solicitation documents including these Instructions to Bidders.

Submission of a Bid shall be deemed verification of such reading and examination by the Bidder.

B. By submitting a Bid, the Bidder agrees that it has satisfied itself from a personal investigation of the conditions to be met, that the obligations herein are fully understood, and no claim may be made nor will there be any right to cancellation or relief from the Contract because of any misunderstanding or lack of knowledge or information.

02. BID AND CONTRACT REQUIREMENTS

A. Federal funds may be used for the subsequent Contract. Federal requirements are subject to change. The Bidder is responsible for complying with the most current regulations. The Bidder agrees that the most recent of such Federal requirements will govern the administration of the Contract at any particular time during performance of the Contract, unless VRE issues a written determination otherwise.

B. Additionally, VRE follows the Commonwealth of Virginia procurement laws.

Accordingly, all applicable State requirements will apply. Bidders are expected to become familiar with these requirements and shall not submit Bids if unable to execute a Contract containing such provisions.

C. VRE will provide a Contract containing these provisions for execution by the prospective Contractor that is selected. Bidders shall not use their own standard contracts for this engagement.

II. NOTICE TO BIDDERS

03. WRITTEN COMMUNICATIONS

A. All communications relating to this solicitation shall be submitted via email to the

Contract Administrator and Director of Purchasing and Contract Administration, whose names and contact information appear on the face of this solicitation. Prior to award of a Contract resulting from this solicitation, Bidders are prohibited from contracting VRE staff other than those assigned to the Purchasing and Contract

Administration Department.

B. VRE will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution

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Virginia Railway Express of the Contract, unless included in this IFB, the specifications, or related documents or addenda thereto.

C. Oral explanation or instructions given before the award of the Contract will not be binding.

04. COMPETITION INTENDED

It is VRE’s intent that this solicitation promotes competition. It shall be the

Bidder's responsibility to advise VRE if any language, requirements, or specifications, included in this IFB, restrict or limit the purchase to a single source. Such notification must be received by the VRE Director of Purchasing and Contract Administration, in writing, not later than fifteen (15) consecutive calendar days prior to the date and time set for Bid opening. A review of such notifications will be made, and the Bidder notified of the results of the review.

05. CLARIFICATION OF TERMS

If a Bidder has questions about the specifications or other solicitation documents, the Bidder should contact the Contract Administrator and Director of Purchasing and Contract Administration, whose names and contact information appear on the face of the solicitation. Any revisions to the solicitation will be made only by addendum issued by VRE.

06. AVAILABILITY OF SOLICITATION DOCUMENTS

The electronic versions of the solicitation documents are intended to provide convenience to prospective Bidders. Be advised that it is the responsibility of prospective Bidders to monitor VRE’s website for any addenda, notices, or postings. Failure to submit signed addenda may be grounds to declare a Bid non-responsive.

07. [RESERVED]

08. [RESERVED]

09. [RESERVED]

10. [RESERVED]

11. [RESERVED]

12. SUBMISSION OF WRITTEN QUESTIONS

A. Deadline: All questions and requests for clarification regarding the meaning or interpretation of this IFB and other solicitation documents, or any ambiguities, discrepancies, inconsistencies, or conflicts in or between any of the technical, pricing, or contractual provisions, must be submitted no later than the date and time specified in PART II – PROCUREMENT SCHEDULE of this IFB.

Questions and clarifications requested after such time will not be answered unless

VRE elects, in its sole discretion, to do so.

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B. Format for Questions: Questions must be submitted in Microsoft Word format and include the related section number and title, as appropriate.

C. VRE Point of Contact: Questions must be submitted to the VRE Contract

Administrator and Director of Purchasing and Contract Administration in writing via electronic mail as appears on the face of this solicitation. For a question to be considered, the subject line of the email must state the following: IFB No. 027-

004 Questions. Questions should be succinct and must include the submitter’s name, title, company name, company address and telephone number. No questions or requests for additional information, clarification or any other communication should be directed to any other individual.

D. No oral communication will be accepted. VRE will not be bound by any oral communications, or written interpretations or clarifications that are not set forth in an addendum.

E. Questions and responses will be posted on VRE’s website at www.vre.org.

F. Any interpretation of a question made by VRE will be responded to and distributed in the form of an addendum to the IFB and will be available to all interested Bidders through VRE’s website.

III. GENERAL INFORMATION

13. DEBARMENT STATUS

A. By submitting a Bid and completing the representations and certifications, the

Bidder certifies that it is not currently debarred, suspended, declared ineligible or voluntarily excluded from submitting Bids on contracts by any agency of the

Commonwealth of Virginia or the U.S. Federal Government, nor are they an agent of any person or entity that is currently debarred from submitting Bids on contracts by an agency of the Commonwealth of Virginia or the U.S. Federal

Government. Contractors debarred by the Commonwealth Transportation Board and/or the U.S. Federal Government shall be ineligible to submit a Bid to VRE.

B. By submitting a Bid, the Contractor further certifies that it is not debarred, suspended, declared ineligible, or voluntarily excluded from participating in contracts with the Commonwealth of Virginia or the U.S. Federal Government, and that it will refrain from awarding any subcontract to a debarred or suspended

Subcontractor.

C. In addition, Bidders agrees to comply with the requirements of Executive Orders

Nos. 12549 and 12689, "Debarment and Suspension," 31 USC Section §6101 note; and U.S. DOT regulations, “Government Debarment and Suspension (Non-procurement),” within 49 CFR Part 29.

14. CONFLICT OF INTEREST STATEMENT

A. A conflict situation can arise when a Bidder takes action or has interests that interfere with the Bidder’s ability to perform its work objectively and effectively.

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The Director of Purchasing and Contract Administration may preclude those entities from receiving an award for any such work reasonably deemed to pose a conflict of interest with the work provided hereunder.

B. Prior to submitting a Bid in response to this solicitation, each Bidder shall conduct an internal review of its current affiliations, its joint venture partners, as well as any subsidiaries of a joint venture partner, to include any companies sharing common ownership with a joint venture partner, to identify potential conflicts of interest relative to the anticipated contract. The Bidder shall also require its team members (proposed Subcontractors) to identify potential conflicts of interest they may have in regard to this procurement.

C. If a potential conflict of interest or competitive advantage is identified, the organization shall submit in writing the pertinent information to the VRE Director of Purchasing and Contract Administration, whose name and contact information appear on the face of this solicitation, so that a determination can be made as to the extent of the conflict or competitive advantage. The statement shall have the signature of a principal of the organization.

D. VRE is its sole discretion, will make a formal written determination relative to each potential organizational conflict of interest, and its ability to mitigate such a conflict. If VRE determines that a conflict of interest cannot be mitigated, the organization determined to have the conflict of interest shall not be allowed to participate in response to the solicitation. Failure to abide by VRE’s determination in this matter may result in a Bid being declared non-responsive.

E. The Bidder, any of its joint venture partners, any subsidiaries of a joint venture partner, any companies sharing common ownership with a joint venture partner, or any of its Subcontractors will be precluded from providing other services to

VRE which conflict with its services under this Contract.

15. AUTHORITY TO TRANSACT BUSINESS

A. Any Bidder organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered limited liability partnership must be authorized to transact business in the Commonwealth of

Virginia as a domestic or foreign business entity if so, required by Title 13.1 or

Title 50 of the Code of Virginia, or as otherwise required by law. The proper and full legal name of the entity and the identification number issued to the Bidder by the Virginia State Corporation Commission must be provided as required within the Representations, Certifications and Other Statements of Bidders/Offerors

Attachment included in this solicitation.

B. Any Bidder that is not required to be authorized to transact business in the

Commonwealth must include in its Bid a statement describing why the Bidder is not required to be so authorized. VRE may require a Bidder to provide documentation that 1) clearly identifies the complete name and legal form of the entity and 2) establishes that the entity is authorized by the State Corporation

Commission to transact business in the Commonwealth of Virginia. Failure of a

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Bidder to provide such documentation will be grounds for rejection of the Bid or cancellation of any award. For further information, refer to the Commonwealth of

Virginia State Corporation Commission website at http://www.scc.virginia.gov/.

16. INTEREST IN MORE THAN ONE BID AND COLLUSION

Multiple Bids received in response to this solicitation from an individual, firm, partnership, corporation, affiliate or association under the same or different names will be rejected. Reasonable grounds for believing that a Bidder is interested in more than one Bid for a solicitation, including both as a Bidder and as a

Subcontractor for another Bidder, or that collusion exists between two or more

Bidders, will result in rejection of all affected Bidders. However, an individual or entity acting only as a Subcontractor may be included as a Subcontractor on two or more different Bidders’ Bids. Any and all Bids may be rejected if reasonable grounds exist for believing that collusion exists among Bidders. Bidders rejected under this provision will also be disqualified if they respond to a re-solicitation for the same work.

IV. BID OPENING AND CONSIDERATION OF BIDS

17. BID DUE (CLOSING DATE)

Bids must be received by VRE by 2:00 P.M. ET on the date specified in PART

II – PROCUREMENT SCHEDULE of this IFB.

18. BID OPENING

Bids will be publicly opened and read in the VRE conference room, at 1500 King

Street, Suite 202, Alexandria, Virginia 22314 at 2:00 P.M. ET on the date specified in PART II – PROCUREMENT SCHEDULE of this IFB.

19. LATE BIDS

Bids received after the Bid closing date and time will not be considered by VRE.

20. BID ACCEPTANCE PERIOD

The Bid and any modification thereof shall be binding upon the Bidder for one hundred twenty (120) calendar days following the Bid closing date. Any Bid in which the Bidder shortens the acceptance period shall be rejected, although the acceptance period may be extended by mutual agreement between VRE and the

Bidder. At the end of the Bid acceptance period, the Bidder may withdraw its Bid by giving written notice to VRE.

21. WAIVER OF INFORMALITIES

VRE reserves the right to waive informalities and minor irregularities in Bids.

22. ERRORS IN EXTENSION

In case of error in calculation of extended prices, the unit price governs.

23. ADDITIONAL INFORMATION

VRE reserves the right to ask any Bidder to clarify its Bid.

http://www.scc.virginia.gov/

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24. BID PREPARATION COSTS

This IFB does not commit VRE to an award, nor to pay any costs associated with the preparation and/or submission of any Bid. VRE shall not reimburse any costs incurred by Bidders in responding to this IFB or in competing for Contract award.

25. REJECTION OF BIDS

A. VRE expressly reserves the right to reject any or all Bids or any part of a Bid, and to resolicit the goods and/or services in question, if such action is deemed to be in the best interest of VRE.

B. Bids which fail to meet the solicitation requirements, or which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind or in which errors occur, or which contain abnormally high or abnormally low prices, for any class or item of work, may be rejected as invalid at VRE’s discretion.

C. The receipt of more than one (1) Bid from the same Bidder, whether the same or different names appear on the signature page, shall result in none of the Bidder’s

Bids being considered.

D. Reasonable proof for believing that any Bidder has an interest in more than one

(1) Bid for the work contemplated will cause the rejection of all Bids made by the

Bidder directly or indirectly.

E. Any or all Bids shall be rejected if there is reason to believe that collusion exists among the Bidders.

V. MODIFICATION, WITHDRAWAL & CANCELLATION OF BIDS

26. ADDENDA

VRE may issue addenda to the IFB. Addenda, if any, will be issued at least five

(5) calendar days prior to the Bid closing date. Any addendum issued less than five (5) calendar days prior to the closing date will, if necessary, contain a provision modifying the Bid closing date to a date that will provide Bidders with adequate time to respond to the addendum.

27. CANCELLATION/WITHDRAWAL OF IFB

VRE reserves the right to cancel or withdraw in whole or in part this IFB at its sole discretion. Bidders will be notified in the event the IFB is cancelled via

VRE’s website.

28. WITHDRAWAL OF BID PRIOR TO CLOSING DATE

Bids submitted electronically may be withdrawn by the Bidder.

29. WITHDRAWAL OF BIDS AFTER BID OPENING

A. Requests for withdrawal of Bids after opening of such Bid but prior to award shall be transmitted to the VRE Director of Purchasing and Contract Administration.

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The Bidder shall give notice in writing of its claim of right to withdraw its Bid accompanied by full documentation supporting the request (original work papers, documents, and materials used in the preparation of the Bid). If the request is based on a claim of error, documentation must show the basis of the error. Bids may be withdrawn within two (2) business days of the conclusion of the Bid opening procedure.

B. Bids may be withdrawn for good cause after the closing date and prior to award.

No Bidder who is permitted to withdraw a Bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn Bid was submitted.

C. A Bidder may withdraw its Bid from consideration if the price/cost bid was substantially lower than the other Bids due solely to a mistake therein, provided the Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the Bid sought to be withdrawn.

D. If VRE denies the withdrawal of a Bid within ten (10) calendar days after receiving notice from the Bidder under the provisions of this Section, VRE shall notify the Bidder in writing stating the reasons for its decision and award the

Contract to such Bidder at the proposed price, provided such Bidder is a responsible and responsive Bidder.

VI. BID CONTENT

30. GENERAL REQUIREMENTS

A. The requirements included in this Section are purposely established to facilitate an objective, timely and efficient evaluation by VRE. The Bidder is advised to ensure their Bid is in compliance with all such requirements.

B. Bids shall include all of the requirements requested in the IFB. Failure to include all the information requested may adversely affect the evaluation. Noncompliance with the IFB requirements will affect the evaluation of the Bidder’s technical and/or past performance and may be grounds to eliminate the Bid from consideration.

C. Bidders are advised that their Bid represents their company’s best efforts and most complete responses to this solicitation. Assurance of experience, capability, and qualifications that clearly demonstrate and support the Bidder’s claim are

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Bid.

D. Bidders are to submit Bids that present the Bidder’s qualifications and understanding of the overall work to be performed.

E. Bids must provide a clear and concise response to the requirements of the solicitation.

F. The Bidder’s submission of a Bid represents that their company will comply and perform all requirements specified in the IFB.

G. Bidders must submit the required information identified in this Section as a complete Bid package. Incomplete Bids may cause the Bid to be deemed non-

H. Bids must be separated with the respective numbered and titled tabs. All Bids shall include the written documentation outlined below:

TAB 1 Table of Contents: The table of contents must delineate all the sections of the Bid package.

TAB 2 Title Page: Furnish the name and address of the company, local address, if any; name, title, address, email address, and telephone number of the contact person and the company officer responsible for ascertaining the correctness of the Bid.

TAB 3 Transmittal Letter: Submit a transmittal letter dated and signed by a company officer authorized to bind the company or entity in a Contract. The following information shall be provided in the transmittal letter:

a. Type and size of business;

b. Years of operation; and

c. Description of the company (or other structure in the case of a partnership or joint venture) and relevance of the goods/services provided to this IFB.

TAB 4 Acknowledge Receipt of Addenda Issued: Include a signed acknowledgement of receipt of all addenda issued to this solicitation.

TAB 5 Representations and Certifications: Complete and sign the forms included within ATTACHMENT C –

REPRESENTATIONS, CERTIFICATIONS AND

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OTHER STATEMENTS OF BIDDERS/OFFERORS

included herein.

TAB 6 Association of American Railroads (AAR) M-1003

Quality Assurance Certification: Provide a copy of the

Bidder’s valid AAR M-1003 Quality Assurance

Certification.

TAB 7 Bid Form: Sign and provide the information requested within ATTACHMENT D – BID FORM

CERTIFICATION and ATTACHMENT D1 – BID

FORM included herein.

TAB 8 References (Past and Present Experience): Identify three

(3) clients for whom comparable work has been done by the Prime Contractor or is currently being performed;

complete the forms included in ATTACHMENT D –

BID FORM CERTIFICATION (Section D and E) and include in this tab. If applicable, the following information must be provided:

a. A list of contracts within the past five (5) years, if any, on which failure to complete the work within the specified time frame resulted either in the assessment of liquidated damages, penalties, or contract termination.

TAB 9 Subcontractors: Submit a list of Subcontractors, if any, indicating the type of work anticipated to be performed on the Contract; complete the SUBCONTRACTOR FORM included in ATTACHMENT D – BID FORM

CERTIFICATION (Section F).

a. During the performance of the Contract, ALL

Subcontractors are subject to approval in advance by VRE.

b. The Contractor shall ensure that all lower-tier

Subcontractors are in compliance with the certifications included herein, including the insurance coverage described in this solicitation as well as all requirements necessary for compliance with the Federal and State procurement regulations referenced herein.

c. At VRE’s direction, any proposed

Subcontractor(s) identified by the Bidder may be

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31. SUBMISSION OF FINANCIAL STATEMENTS

A. The apparent low Bidder must submit, within two (2) consecutive business days after bid opening and upon written request from VRE, financial statements in PDF. Failure to submit the financial statements may cause the

Bid to be deemed non-responsive. Due to the sensitive nature of the financial statements, the statements may be emailed to VRE’s Chief Financial Officer or enclosed in an envelope addressed to VRE’s Chief Financial Officer. The financial information will remain confidential and be discarded upon completion of the financial analysis.

B. Bidders shall furnish complete financial statements for the current fiscal year

(interim statements are acceptable) and the past two (2) years. The financial statements shall include the following:

1. Statement of Financial Position (Balance Sheet)

2. Results of Operation (Income Statement)

3. Statement of Cash Flow (if available)

4. Statement of Current and Retained Earnings

These statements (1 through 4) shall be certified indicating disclosure of all facts that could impair or affect the statements presented.

C. The term “certified” is defined to mean that an officer of the organization includes a statement that the financial statements fairly present the financial position of the

Bidder. The term “officer” is defined to mean the President, Chief Financial

Officer, or Treasurer. Audited financial statements with the auditor’s opinion meet this requirement. Audited statements must be submitted, if available.

D. The certified statement provided with the financial statements must read as follows:

The financial information provided is correct to the best of my understanding.

E. If audited financial statements are not available, the above statement shall also note the following:

No audited statements are available for the periods reported in the accompanying information.

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F. VRE reserves the right to request additional financial information as may be required to determine the Bidder’s financial responsibility. If required, a formal request shall be made by VRE to the Bidder.

VII. PRICING INFORMATION

32. GENERAL PRICING REQUIREMENTS

Bidders are strongly encouraged to read this section carefully. INCOMPLETE

BIDS MAY CAUSE THE BID TO BE DEEMED NON-RESPONSIVE.

A. Bidders shall submit the price information in ATTACHMENT D – BID FORM

CERTIFICATION and ATTACHMENT D1 – BID FORM included in this

B. The price shall be quoted in U.S. Dollars.

C. Unless indicated otherwise, Bidder’s TOTAL PRICE shall be inclusive of all costs and shall include full compensation for all taxes, fees, insurance, overhead and profit, labor, supervision, equipment, material, replacement parts, inspections, testing, documentation, transportation, etc. necessary to complete the work in conformance with the Contract and to the satisfaction of VRE. Extra charges will not be allowed.

D. The prices, without exception, shall be net, not subject to discount, and shall include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work.

E. Every item of the Bid Form must be completed, or the Bid may be deemed non-

F. No erasures or other handwritten changes may appear on the Bid Form.

G. The Bid must be signed.

VIII. BID SUBMISSION

33. BID CERTIFICATION

A. The Bidder agrees to provide the work/services specified herein, in compliance with the Scope of Work and/or Technical Specifications and other terms and conditions in this Invitation for Bids, at the price provided in ATTACHMENT

D1 – BID FORM.

B. A representative duly authorized to bind the company must complete and sign the

Bid Certification in ATTACHMENT D – BID FORM CERTIFICATION and submit it along with the Bid.

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34. BID FORMAT ORGANIZATION

Each Bid must be typed. Type size must not be smaller than Microsoft Word

Times New Roman 11-point font, normal proportional spacing. Text lines must be single-spaced. Type size for custom graphics, charts, headers, footers, tables and cations must not be smaller than Microsoft Word Times New Roman 9-point font.

35. BID SUBMISSION REQUIREMENTS

A. Bidders must submit Bids electronically through the Commonwealth of Virginia’s e-procurement portal (eVA). To submit Bids electronically, Bidders must be registered in eVA at www.eva.virginia.gov .

B. Bids submitted in hard copy format or via email or facsimile will not be accepted.

C. Bids shall be submitted through eVA by:

Clicking on Business Opportunities, Virginia Business Opportunities (VBO).

1. Typing “Virginia Railway Express” into the Search Box.

2. Finding VRE IFB No. 027-004.

3. Clicking “View Opportunity” to select the solicitation.

4. Clicking “Respond Online” in the upper right corner of the screen.

5. Following the instructions provided online to submit a response.

D. Bidders must submit one (1) complete continuous electronic copy of the Bid package in PDF, including all attachments. The Bid Form must be in PDF and

Microsoft Excel formats.

E. Bidders requiring assistance submitting an electronic response must contact eVA

Customer Care via email at eVACustomerCare@dgs.virginia.gov or at 866-289-

7367.

F. Sealed electronic Bids shall be received online through eVA no later than the date and time specified in PART II – PROCUREMENT SCHEDULE of this IFB. The time an electronic Bid is received shall be determined by the time stamp on the Bid receipt by the time clock on the eVA Sourcing and Contracting website. Bids received after the Bid closing date and time will not be considered.

G. VRE is not responsible for any technical difficulties which may result in Bidders’ responses not uploading in time, or responses that are not properly uploaded. Late

Bids will not be accepted.

H. Following the Bid Opening procedure, an Abstract of Bids, including the price/cost from all Bids received will be posted on VRE’s website.

http://www.eva.virginia.gov/ mailto:eVACustomerCare@dgs.virginia.gov

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36. SINGLE BID

If a single conforming Bid is received, a price and/or cost analysis of the Bid shall be made by VRE. A price analysis is the process of examining and evaluating a prospective price without evaluating the separate cost elements. It should be recognized that a price analysis through comparison to other similar contracts shall be based on an established or competitive price of the elements used in the comparison. The comparison shall be made to the cost of similar projects and involve similar specifications.

37. DISPOSITION OF BIDS

Bidders’ Bids will not be returned. VRE will retain all Bids for the Contract file.

IX. BID EVALUATION AND PRE-AWARD

38. BID EVALUATION

A. Bids will be evaluated on the following basis:

1. Total Bid price;

2. Responsiveness to the IFB requirements;

3. Overall quality and completeness of the Bid; and

4. Responsibility of the Bidder.

B. Following evaluation of Bids, VRE will make the award to the lowest responsible and responsive Bidder conforming to the solicitation’s requirements. on a TOTAL

PRICE basis. Past experience performing the work described herein and the

Bidder’s capacity to perform the work will be taken into consideration in making the award.

39. PRE-AWARD SURVEY

A. After the due date and prior to Contract award, VRE shall have reviewed and evaluated all data submitted by the lowest responsive and responsible Bidder.

B. VRE reserves the right to perform or have performed a financial review of the successful Bidder’s resources, and to require the submission of a statement of work in progress by the Bidder.

C. VRE may make such reasonable investigations as deemed proper and necessary to determine the Bidder’s responsibility and ability to furnish the item(s) required in the performance of this Contract. The Bidder shall furnish VRE such information and data for this purpose as may be requested. VRE reserves the right to inspect the Bidder’s physical location prior to award to satisfy questions regarding the

Bidder’s capabilities.

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D. VRE also reserves the right to reject any Bid if the evidence submitted by, or investigations of, such Bidder fails to satisfy VRE that such Bidder is properly qualified to carry out the obligations of the Contract and to provide the services and/or goods contemplated therein.

40. NOTICE OF INTENT TO AWARD

VRE shall notify the apparent successful Bidder that upon satisfactory compliance with all conditions required for execution of the Contract, within the time specified, the Bidder will be awarded the Contract. In addition to any verbal notice that VRE may make to Bidders, Bid results will be posted on VRE’s website at www.vre.org. VRE will post the “Notice of Intent to Award” on its website for a minimum of ten (10) consecutive calendar days. The “Notice of

Intent to Award” shall not be construed as a “Notice-To-Proceed (NTP).”

X. AWARD

41. TYPE OF CONTRACT

VRE contemplates award of a firm-fixed unit price Contract resulting from this

42. DELAYS IN AWARD

Delays in award of a Contract, beyond the anticipated starting date, may result in a change in the Contract period indicated in the solicitation. If this situation occurs, VRE reserves the right to award a Contract covering the period equal to or less than the initial term indicated in the solicitation.

43. AWARD FOR ALL OR PART

Unless otherwise specified, VRE may, if it is in the best interest of VRE to do so, award all or part of the Bid to any Contractor whose Bid is the most responsible and responsive and whose Bid best meets the requirements and criteria set forth in the solicitation.

44. PROTEST OF AWARD

A. A Bidder wishing to protest an award or a decision to award a Contract must submit the protest, in writing, to the VRE Director of Purchasing and Contract

Administration no later than ten (10) consecutive calendar days after either the decision to award or the award, whichever occurs first. The protest must include the basis for the protest and the relief sought. Within ten (10) consecutive calendar days after receipt of the protest, the Chief Executive Officer of VRE will issue a written decision stating the reasons for the action taken. This decision is final. Further action, by a Bidder, may be taken by instituting action as provided by the Code of Virginia.

B. VRE policy and procedure for the administrative resolution of protests is set forth in §3.8 of the Public Procurement Policy and Procedures Manual (Procurement

Manual). The Procurement Manual contains rules for the filing and administration of protests. The Contract Administrator shall furnish a copy of §3.8 upon request, Rehabilitation Services

Virginia Railway Express

Chapter III, Section 7 of the Federal Transit Administration (FTA) Circular

4220.1G, addresses protests where Federal funds are involved.

C. If the project is funded in whole or in part by grants from the FTA, the FTA will only review protests regarding the alleged failure of VRE to have written protest procedures; an alleged failure to follow those procedures; or violation of Federal law or regulation. A protestor must exhaust all administrative remedies with VRE before pursuing a protest with FTA. Any party wishing to file a protest with the

FTA should do so no later than five (5) consecutive calendar days after a final decision is rendered under VRE’s protest procedure.

D. VRE may proceed with award of the Contract and Notice-To-Proceed while a protest is pending if it is determined to be in VRE’s best interest to do so.

45. NOTICE OF AWARD

A “Notice of Award” will be posted on VRE’s website at www.vre.org. The successful Bidder will be notified in writing by VRE.

XI. CONTRACT EXECUTION

46. CONTRACT DOCUMENTS

A. The successful Bidder shall execute and deliver the following Contract documents to VRE:

1. Signed Contract

2. Insurance Certificate(s)

3. Form W-9 Request for Taxpayer Identification Number and Certification

4. Contractor Vendor Information Form

B. The aforementioned documents must be submitted to VRE no later than ten (10) consecutive calendar days after receipt of the Contract and “Notice of Intent to

Award”.

C. The Contract shall be in writing. The Contractor shall execute the Contract in the number of copies required by VRE. One (1) fully executed original shall be delivered to the Contractor.

47. AWARD DOCUMENT

The award document will be a Contract incorporating by reference the Invitation for Bids, Special Provisions (if applicable), General Provisions, Scope of Work and/or Technical Specifications, Drawings/Plans (if applicable) and the

Contractor’s Bid, governed by the precedence of the terms and provisions in the

General Provisions.

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48. FAILURE TO EXECUTE CONTRACT

Should the successful Bidder fail to execute the Contract within ten (10) consecutive calendar days after receipt and submit the required Insurance

Certificates, VRE may determine that the Bidder has abandoned the Contract, and thereupon, the Bid and acceptance shall be null and void. VRE may also seek all available remedies at law and equity.

49. NOTICE-TO-PROCEED

A “Notice-To-Proceed” (NTP) will be issued separately at a time subsequent to execution of the Contract. Contract performance shall begin on the date set forth in the written NTP. The NTP shall start the time for which the Contractor is responsible for completion of the project/delivery of the required products or services.

XII. MISCELLANEOUS

50. INSPECTION OF BIDS

The Virginia Freedom of Information Act, §2.2-3700 et seq. shall govern the release of public records related to this procurement. Trade secrets or proprietary information related to a procurement may not be subject to public disclosure, provided the requirements of §2.2-4342F VA Code Ann. are met.

51. EXCEPTION TO TERMS AND CONDITIONS

This solicitation precludes the submission of exceptions, conditions, qualifications, or exclusions as part of the Bid. The Bidder must respond to the solicitation as presented by VRE without alteration or exception, unless otherwise allowed elsewhere in the solicitation.

52. TRADE SECRETS OR PROPRIETARY INFORMATION

A. Trade secrets or proprietary information submitted by a Bidder in connection with a procurement transaction submitted pursuant to Code of Virginia, subsection F of

§2.2-4342 shall not be subject to the Virginia Freedom of Information Act (§ 2.2-

3700 et seq.).

B. However, the Bidder shall:

1. Invoke the protections of this section prior to or upon submission of the data or other materials;

2. Identify the data or other materials to be protected by clearly marking each individual page with “PROPRIETARY”; and

3. State the reasons why protection is necessary.

C. It is the Bidder’s sole responsibility to defend such exemptions if challenged in a court of competent jurisdiction.

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D. Except for the foregoing limitation, VRE may duplicate, use, and disclose in any matter and for any purpose whatsoever and have others do so, all data furnished in response to this IFB. VRE has the right to release trade secrets or proprietary information to a third party which may assist VRE in the review and evaluation of the Bids.

53. PROTECTION OF SENSITIVE SECURITY INFORMATION

To the extent applicable, the Contractor shall comply with 49 C.F.R. Part 1520, “Protection of Sensitive Security Information,” and with any implementing regulations, requirements, or guidelines that the Federal Government may issue.

54. IMMIGRATION REFORM AND CONTROL ACT OF 1986

By submitting a Bid and completing the representations and certifications, the

Contractor certifies that it does not and will not, during the performance of the

Contract, employ illegal alien workers or otherwise violate the provisions of the

Federal Immigration Reform and Control Act of 1986. Unauthorized alien means, with respect to the employment of an alien (which is defined as any person not a citizen or national of the United States), at a particular time, that the alien is not at that time either (a) an alien lawfully admitted for permanent residence, or (b) authorized to be so employed by the Act or by the United States Attorney

General.

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Virginia Railway Express

IV. SPECIAL PROVISIONS

01. SIGNATURES

All documents to be delivered pursuant to this solicitation, requiring a signature, may be executed via handwritten (manual), stamped, electronic (portable document format), photocopied, digital or scanned signature. A signed copy of the documents transmitted by any of the means listed above shall be deemed to have the same legal effect as delivery of an original executed copy.

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Virginia Railway Express

V. GENERAL PROVISIONS

01. PRECEDENCE OF TERMS

A. In the event of an inconsistency between the Invitation for Bids or Request for

Proposals, the Contract Terms and Conditions, other included documents, or state procurement law, the inconsistency shall be resolved by the following order of precedence:

1. Federal Transit Administration Master Agreement (34) (November 26, 2025) and FTA Circular 4220.IG, dated January 17 2025, as amended;

2. Virginia’s Public Procurement Act, as amended;

3. Invitation for Bids (IFB)/Request for Proposals (RFP)

a. Special Provisions;

b. General Provisions;

c. Technical Specifications; and

4. Contractor’s Bid/Proposal.

B. Where the terms of these Contract Documents vary the most stringent shall apply.

02. VRE CONTRACT MANAGEMENT

A. Contract Administrator: During the term of the Contract, matters relating to bonding, insurance, terms and conditions, and other contract administration matters shall be directed to the Contract Administrator. Changes to the Contract value, scope, or schedule will require consultation with the Contract

Administrator.

B. Contracting Officer: The Contracting Officer is the only individual who can legally commit or obligate VRE for the expenditure of public funds. The technical administration of the Contract shall not be construed to authorize the revision of the terms and conditions of the Contract. Any such revision shall be authorized in writing only by the Contracting Officer. The Contracting Officer may designate personnel to act as their authorized representatives for one or more contract administration functions not involving a change in the scope, price, terms, or conditions of the contract. Such designation will be in writing, set forth by a separate letter signed by the Contracting Officer, and will contain specific instructions as to the extent to which the representative may take action for the

Contracting Officer. Such designation will not contain authority to sign contractual documents, nor will it authorize the designee to order contract changes, modify contract terms, or create any liability on the part of VRE.

C. Project Manager: During the term of the Contract, the Contracting Officer may designate a Project Manager (PM) to represent VRE and assist in monitoring the work under the Contract. The PM is responsible for the overall project management and serves as the technical liaison to the Contractor. The PM is responsible for the day-to-day clarification and guidance of the Contractor’s personnel as may be required under the Contract. The VRE Project Manager will

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Virginia Railway Express conduct ongoing reviews of the Contractor’s progress in performing the work and will furnish comments in a timely manner. Only the PM consulting with the

Contract Administrator and/or the Contracting Officer, as necessary is authorized to provide direction to the Contractor. All communications to other agencies shall be through the VRE Project Manager, unless directed otherwise.

03. CONFORMITY WITH SCOPE OF WORK

All deviations from the Scope of Work, drawings, plans, and/or specifications shall be authorized in writing by VRE. No extra compensation for material or labor shall be allowed for work evidently necessary within the general intent of the specifications and the accompanying plans, if any, for the proper and thorough completion of the work.

04. PAYMENTS

A. Terms

1. The Contractor shall submit monthly invoices for work/goods ordered, delivered, and accepted by VRE by the 15th of each month. This payment schedule shall be maintained throughout the duration of the Contract, unless directed otherwise.

2. If no charges have been incurred for a particular month, no invoice is required. However, the VRE Project Manager shall be notified that no invoice will be submitted.

3. Any Contractor’s payment terms requiring payment in less than thirty (30) days will be regarded as requiring payment thirty (30) days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than thirty (30) days.

4. If funds are not appropriated for purposes of the Contract for the current or any succeeding fiscal year subsequent to the one in which the Contract is entered into, then VRE may terminate the Contract upon prior written notice to the Contractor. Should termination be accomplished in accordance with this section, VRE shall be liable only for payments due through the date of termination.

B. Billing Instructions

1. Invoices shall be submitted electronically in one (1) continuous electronic copy in PDF format via email to mechanicalinvoices@vre.org.

2. The VRE Project Manager Rob McClung, rmcclung@vre.org, shall be indicated on the invoice cover sheet.

3. At a minimum, invoices shall contain the following information:

a. Name, address and telephone number of Contractor

b. VRE Contract number mailto:mechanicalinvoices@vre.org mailto:rmcclung@vre.org

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Virginia Railway Express

c. VRE Purchase Order number, if applicable

d. Contractor’s invoice number

e. Date of invoice

f. Description of goods delivered to VRE, including part numbers and serial numbers, as applicable

g. Delivery date

h. Unit prices and total invoice amount

i. Subcontractor(s) invoice, if applicable

C. If invoices fail to meet all of the above requirements, they will not be processed for payment and will result in the invoice being returned to the Contractor for correction and resubmission. VRE may request additional substantiating documentation as necessary.

D. Payment will be made on a per unit basis upon receipt and acceptance by VRE.

05. PAYMENTS TO SUBCONTRACTOR

In the event that the Contractor utilizes a Subcontractor for any portion of the work under this Contract, the Contractor hereby agrees to:

1. Provide payment of Subcontractors within seven (7) days of receipt of payment by VRE for work completed and approved expenses. The Contractor shall take one (1) of the two (2) following actions within seven (7) days after receipt of amounts paid to the Contractor by VRE for work performed by a

Subcontractor under the Contract.

a. Pay a Subcontractor for the proportionate share of the total payment received from VRE attributable to the work performed and completed by that Subcontractor under the Contract; or

b. Notify VRE and any Subcontractors, in writing, of its intention to withhold all or a part of the Subcontractor's payment with the reason for nonpayment.

2. The Contractor shall be obligated to pay interest to a Subcontractor on all monies owed by the Contractor that remain unpaid after seven (7) days following receipt by the Contractor of payment from VRE for work performed by a Subcontractor under the Contract, except for amounts withheld under subsection 1.b. of this Section. Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of one percent (1%) per month.

The date of mailing of any payment by U. S. Mail is deemed to be payment to

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Virginia Railway Express the addressee. These provisions apply to each sub-tier contractor performing under the primary Contract.

3. The Contractor's obligation to pay an interest charge to a Subcontractor pursuant to the provisions of this Section may not be construed as an obligation by VRE. A contract modification may not be made for the purpose of providing reimbursement for any such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

06. DELIVERY FAILURES

Should the Contractor fail to deliver work or products at the specified time, or within a reasonable period of time thereafter, as determined by VRE, or should the Contractor fail to make timely replacement of rejected items when…