IFB B50079 Auxiliary Electrical Room Replacem.pdf

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

Federally Funded

INVITATION FOR BIDS

FOR

B50079

AUXILIARY ELECTRICAL ROOM REPLACEMENT PROGRAM –

WAVE 1

Docusign Envelope ID: A1309BFE-28C0-4043-81EA-A28AC5DFF8D8

2424 Piedmont Road, NE

Atlanta, GA 30324 404-848-5000

August 12, 2025

TO: ALL PROSPECTIVE BIDDERS

SUBJECT: INVITATION FOR BIDS (IFB) NUMBER: B50079

AUXILIARY ELECTRICAL ROOM REPLACEMENT PROGRAM – WAVE 1

You are invited to submit to the Metropolitan Atlanta Rapid Transit Authority (“MARTA” or “Authority”), a bid for the above-captioned solicitation. A Pre-Bid Conference to discuss Invitation for Bids Number B50079 (“IFB”) will be held virtually via Microsoft Teams on August 26, 2025, at 1:00 p.m.

(local time) at the following link Pre - Bid Meeting . To be eligible for consideration your bid must be received by the Authority no later than 2:00 p.m. (local time) on October 7, 2025. Bids will be opened virtually via Microsoft Teams at 2:00 p.m. (local time) on October 8, 2025 at the following link Bid Opening Link . The IFB can be reviewed and downloaded from MARTA’s website (www.itsmarta.com).

On the home page, point to “MORE”/click Current Opportunities/click on IFB B50079 /Download Invitation for Bids/Reque8st for Proposals/Log-in (first time users must register).

All questions regarding this IFB should be submitted in accordance with the IFB. If you need additional information, please contact QuoVadis Wright, Contract Specialist, at 404-848-6210.

Sincerely, Jacqueline Holland Senior Director of Contracts, Procurement and Materials

Docusign Envelope ID: A1309BFE-28C0-4043-81EA-A28AC5DFF8D8 https://events.gcc.teams.microsoft.com/event/373de1e8-85ed-4326-9351-0d65a9199232@d5b52ccb-1bf9-4a3e-a010-0f3b332bc26a https://events.gcc.teams.microsoft.com/event/d2db3746-6b6b-41db-9b72-f897bf4fc252@d5b52ccb-1bf9-4a3e-a010-0f3b332bc26a https://events.gcc.teams.microsoft.com/event/d2db3746-6b6b-41db-9b72-f897bf4fc252@d5b52ccb-1bf9-4a3e-a010-0f3b332bc26a http://www.itsmarta.com/

INVITATION FOR BIDS

B50079: AUXILIARY ELECTRICAL ROOM REPLACEMENT PROGRAM – WAVE 1

PART 1: INFORMATION AND INSTRUCTIONS TO BIDDERS

1. General and Background Information

2. Equipment, Supplies and/or Services Being Procured

3. Definitions

4. Minimum Qualifications

5. No Offer by MARTA; Firm Offer by Bidder

6. Pre-Bid Conference

7. Additional Documentation

8. Procurement Questions; Prohibited Contacts

9. Bid Deadline

10. Ownership of Bids

11. Required Submittals

12. Bid Evaluation; Award and Multiple Award; Trade names and Alternatives

13. Submission of Bids

14. Rejection of Bids; Cancellation of IFB; Waiver of Technicalities

15. Georgia Open Records Act

16. Representation

17. Conflict of Interest

18. Protests

19. Equal Employment Opportunity and Disadvantaged Business Utilization

20. Environmental Purchasing

21. Electronic Solicitation Documents

22. Award of Contract; Execution

PART 2: SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

PART 3: SUBMITTAL FORMS

1. Illegal Immigration Reform and Enforcement Act Affidavit(s) (Form 1: Form 1a, Form 1b, Form 1c)

2. Acknowledgement of Addenda (Form 2)

3. Bid Form (Form 3)

4. No Conflict of Interest (Form 4)

5. List of Proposed Subcontractors (Form 5)

6. Qualifications and Business References (Form 6)

7. Certification of Primary Participation Regarding Debarment, Suspension, And Other

Responsibility Matters (Form 7)

8. Certification of Lower-Tier Participant Regarding Debarment, Suspension, and Other

Ineligibility and Voluntary Exclusion (Form 8)

9. Certification Regarding Lobbying (Form 9)

10. Disclosure of Lobbying (Form 10)

11. Department Corporate Compliance and Engagement Submittals (Appendix A)

PART 4: FORM OF CONTRACT

1. Contract

2. Exhibit A: Specifications

3. Exhibit B: Bid Form

4. Exhibit C: No Conflict of Interest

5. Exhibit D: Additional Insurance and Bonding Requirements

6. Exhibit E: Alertness Assurance Program Policy

7. Exhibit F: Distraction Avoidance Policy

8. Appendix A: Office of Corporate Compliance & Engagement

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Part 1: Information and Instructions to Bidders

1. General and Background Information: The Metropolitan Atlanta Rapid Transit Authority (“MARTA”) operates the ninth largest transit system in North America, providing bus, rail and paratransit services in the greater metropolitan Atlanta area. MARTA transports over 500,000 people in the City of Atlanta and counties of Clayton, DeKalb and Fulton daily.

MARTA has approximately 4,540 employees.

2. Equipment, Supplies and/or Services Being Procured: MARTA is seeking bids from Firms to replace all equipment and renovate the Auxiliary Low-Voltage Switchgear and associated equipment at four (4) Auxiliary Electrical Room locations and providing temporary power to minimize service interruptions while the switchgear is being replaced. MARTA’s Office of Capital Programs Delivery will administer the contract (if awarded) pursuant to the terms and conditions contained in that certain form of Contract attached hereto at Part 4 (“Contract”).

3. Definitions: The following terms shall have the following meanings when used throughout this Invitation for Bids (“IFB"):

Bid: A written response (i.e., bid form and other required submittals) to this IFB prepared by a Bidder and submitted to MARTA’s Office of Contracts, Procurement and Materials (“CPM”).

Bidder: Each Firm or aggregation of Firms (which may include a joint venture partnership, limited liability company or limited liability partnership) submitting a bid in response to this IFB with the intent of performing the services as the prime contractor.

Firm(s): A person or entity that has or will obtain, prior to the execution of any contract awarded hereunder, all necessary licenses required by the State of Georgia to perform the Services and is authorized to do business in the State of Georgia.

4. Minimum Qualifications: To participate in this procurement, Bidder must satisfy the qualifications required by this IFB. Where the Bidder is a partnership, joint venture arrangement, limited liability company, limited liability partnership or other multiple entity organization, the entity that holds a majority ownership interest in the Bidder (i.e., over 50% ownership) must meet the minimum requirements set forth in this IFB.

Additionally, prior to execution of the Contract, the successful Bidder will be required to demonstrate that it is duly authorized to conduct business in the State of Georgia.

Bidder(s) (or an entity comprising Bidder) must not submit more than one bid under the same or different names or as part of multiple organizations. Any bidder or entity comprising bidder that submits more than one (1) bid in response to this solicitation shall be deemed non-responsive. NOTE: This restriction set forth in this paragraph is not applicable to subcontractors.

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By submitting a bid in response to this IFB, the Bidder represents and warrants to MARTA that Bidder has or will acquire all of the licenses, certifications, permits, bonding capacity and insurance. By submitting a bid concerning this procurement, Bidder acknowledges that it is familiar with all laws applicable to this procurement, including, but not limited to, all of MARTA’s policies and procedures (as the same may change from time to time), all of which are incorporated into this IFB by this reference.

5. No Offer by MARTA; Firm Offer by Bidder: This procurement does not constitute an offer by MARTA to enter into an agreement and cannot be accepted by any Bidder to form an agreement. This procurement is only an invitation for offers from interested Bidders and no offer, bid or proposal shall bind MARTA. However, Bidder’s offer is a firm offer to MARTA for a period of 150 calendar days from the bid opening date and may not be withdrawn during such 150-day time period.

6. Pre-Bid Conference:

a. A pre-bid conference is scheduled for August 26, 2025, at 1:00 p.m. (local time) virtually using Microsoft Teams at the following link: Pre-Bid Meeting . Attendance at the pre-bid conference is not required but is strongly encouraged.

b. Each Bidder is responsible for being fully informed regarding all existing and expected conditions and matters that may affect the cost or the performance of the Contract (including, without limitation, local labor, wage scales, means of transportation, laws, codes, regulations, licensing requirements, local tax structure, insurance requirements and all other conditions that may affect the work under the Contract). The successful Bidder, if any, will not be entitled to extra compensation or relieved of any obligation because of any conditions that could be ascertained by examining the Bid documents or any inquiry into local conditions. Bidders are likewise responsible for consulting all standards referred to in the Bid documents. Any failure to fully investigate the requirements of this IFB shall not relieve any Bidder from the responsibility to properly estimate the difficulty or cost of successfully performing the Services being sought under this IFB.

7. Additional Documentation: Each Bidder, if successful, acknowledges and agrees to submit such additional documentation (e.g., insurance/bonds, permits, certifications, etc.) promptly after an award pursuant to any notice provided by MARTA and as required by the terms of this IFB and the Contract.

8. Procurement Questions; Prohibited Contacts: Any questions regarding this procurement must be submitted in writing to MARTA’s contact person, QuoVadis Wright at qwright@itsmarta.com , on or before September 5, 2025 by 5:00 p.m. Questions submitted after the designated period may not be considered by MARTA. Any response made by MARTA will be provided in writing to all Bidders by posting the same to MARTA’s website at www.itsmarta.com. It is the responsibility of each Bidder to obtain a copy of all responses and/or any addenda issued for this procurement by monitoring MARTA’s website. No Bidder may rely on any verbal response to any question concerning this

Docusign Envelope ID: A1309BFE-28C0-4043-81EA-A28AC5DFF8D8 https://events.gcc.teams.microsoft.com/event/373de1e8-85ed-4326-9351-0d65a9199232@d5b52ccb-1bf9-4a3e-a010-0f3b332bc26a mailto:qwright@itsmarta.com

Page 5 B50079: AUXILIARY ELECTRICAL ROOM REPLACEMENT PROGRAM – WAVE 1 procurement. All Bidders (and any representative thereof) are strictly prohibited from contacting any MARTA employees (or third-party representatives or consultants of MARTA) on any matter having to do with this procurement. All communications by any Bidder must be made with MARTA’s contact person or any other MARTA employees or representatives designated by the head of MARTA’s Contracts, Procurement and Materials Department.

9. Bid Deadline: To be considered responsive, a Bidder must complete and submit its Bid and all required submittals and attachments in accordance with the instructions contained or referenced in this IFB. All responses to this IFB must be received by MARTA’s Department of Contracts, Procurement & Materials, 2400 Piedmont Road N.E., Atlanta, Georgia 30324-3330, on or before October 7, 2025, at 2:00 p.m. (local time). Any Bid received after this time will not be considered/reviewed and will be rejected and returned. Bids will be opened via virtual Microsoft Teams Bid Opening Link as provided in the cover page on October 8, 2025, at 2:00 p.m. (local time).

10. Ownership of Bids: Each bid submitted to MARTA will become the property of MARTA, without compensation to Bidders, for MARTA’s use, in MARTA’s sole discretion.

11. Required Submittals:

a. Form 1: Illegal Immigration Reform and Enforcement Act. Each Bidder must complete, sign and submit a Contractor’s Affidavit with its bid. This IFB is subject to the Illegal Immigration Reform and Enforcement Act of 2011 (“Act”), as amended. Pursuant to the Act, the Bidder must provide with its bid proof of its registration with and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security. Under state law, MARTA cannot consider any bid which does not include a completed Contractor’s Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All Bidders intending to do business with MARTA are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on MARTA procurements and their participation in those procurements. For additional information on the E-Verify program or to enroll in the program, go to https://e-verify.uscis.gov/enroll.

b. Form 2: Acknowledgement of Addenda. Each Bidder must complete, sign and submit an acknowledgement with its Bid that it has received all Addenda issued by MARTA for this IFB. This form is provided and may be used to satisfy this requirement.

c. Form 3: Bid Form. Each Bidder must complete, sign and submit a Bid Form with its bid submission. The Bid Form shall be completed as follows:

(i) Prices. Unit, lump sum and other prices must be entered in all appropriate spaces provided. Unit prices should be multiplied by the amount or estimated quantity and the product inserted in the ‘Extended Price’

Docusign Envelope ID: A1309BFE-28C0-4043-81EA-A28AC5DFF8D8 https://events.gcc.teams.microsoft.com/event/d2db3746-6b6b-41db-9b72-f897bf4fc252@d5b52ccb-1bf9-4a3e-a010-0f3b332bc26a https://e-verify.uscis.gov/enroll https://e-verify.uscis.gov/enroll

Page 6 B50079: AUXILIARY ELECTRICAL ROOM REPLACEMENT PROGRAM – WAVE 1 column shown on the Bid Form. The Extended Price(s) should be added to arrive at the Bid Total. In the event of a discrepancy between the unit price bid and the extension, the unit price bid will be deemed intended by the Bidder and the extension shall be adjusted. In the event of a discrepancy between the sum of the extended amounts and the Bid Total, the sum of the extended amounts shall govern.

(ii) Execution. The Bid Form must be signed by an authorized employee or representative of the Bidder.

(iii) Modifications. Bidder shall not delete, modify or supplement the printed matter on the Bid Form or make any substitutions therefor unless specifically permitted (or directed) on the Bid Form.

d. Form 4 – No Conflict of Interest. Each Bidder must complete, sign and submit with their bid the information called for by the form.

e. Form 5 – List of Proposed Subcontractors. Each Bidder is requested to furnish with their bid the information called for by the form. The purpose of this information is to facilitate the evaluation of proposed subcontractors’ technical ability. If the form is omitted or if the information furnished is incomplete or inadequate, the Authority may require that additional information be submitted after the Bid Deadline and before an award is made. Bidders will not, by naming subcontractors in their Bid, be precluded from contracting with other or additional subcontractors in the event of an award, except that Bidders will be required to contract with subcontractors approved in advance by MARTA and deemed by MARTA to be technically and otherwise responsible to perform work under the Contract.

f. Form 6 – Qualifications and Business References. Each Bidder is requested to furnish with their bid the information called for by the form. If the form is omitted or if the information furnished is incomplete or inadequate, the Authority may require that additional information be submitted after the bid deadline and before an award is made. If the Bidder is a joint venture, each joint venture must prepare and submit a separate form. Extra form, if needed, may be obtained from MARTA by contacting MARTA’s contact person for this IFB.

g. Bid Security. The bid must be accompanied by a cashier's check, a certified check, or a bid bond, or a combination thereof and made payable to the order of MARTA in an amount equal to five percent (5%) of the amount of the bid price which shall constitute security for such Bid. All checks shall be returned to all unsuccessful Bidders within thirty (30) calendar days after award of the IFB.

h. Form 7: Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters. Each Proponent shall complete, sign and submit with their Proposal the information called for by the form. If information is incomplete, Contractor must submit completed information within 3 business days from date the information is requested.

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i. Form 8: Certification of Lower-Tier Participant Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion. Each Proponent shall complete, sign, and submit with their Proposal the information called for by the form. If information is incomplete, Contractor must submit completed information within 3 business days from date the information is requested.

j. Form 9: Certification Regarding Lobbying. Each Proponent shall complete, sign, and submit with their Proposal the information called for by the form. If information is incomplete, Contractor must submit completed information within 3 business days from date the information is requested.

k. Form 10: Disclosure of Lobbying Activities. Each Proponent shall complete, sign, and submit with their Proposal the information called for by the form. If Proponent has no lobbying activities to disclose, please mark this form as not applicable. If information is incomplete, Contractor must submit completed information within 3 business days from date the information is requested.

l. Appendix A: Corporate Compliance and Engagement Requirements. MARTA’s Office of Diversity and Inclusion program(s) applicable to this procurement and any Contract that may be awarded pursuant to this procurement are set forth in Appendix A attached hereto. Each Bidder should furnish the information requested by Appendix A with their Bid. If the form is omitted or if the information furnished is incomplete or inadequate, the Bidder shall have five (5) business days from the bid opening date to provide the requested information. If the Bidder fails to provide this information within five (5) business days, the Bidder may be deemed non-responsible.

12. Bid Evaluation, Award and Multiple Awards; Trade Names and Alternatives:

a. Upon the timely receipt of the Bids, MARTA shall determine which Bidders are responsive and responsible. Each responsive and responsible Bid received by MARTA constitutes an offer to perform the Contract upon the terms and conditions contained in the Contract for the prices contained on the Bid Form, which may be accepted by MARTA giving the successful Bidder notice of award during the period set forth in Section 5 hereinabove.

b. After Bids have been opened and before any award is made, MARTA will evaluate the

Bid Form and all of the information supplied by Bidder in response to this IFB. To be considered for award, a Bidder must be technically and financially qualified to perform the Contract as determined by MARTA. As part of the pre-award survey, MARTA may require Bidder to provide technical information about its products. Such information, if required, will be solely for the purpose of determining the Bidder's qualifications. In the event of an award, the Technical Provisions of the Contract shall control over any such information submitted and any opinions with respect thereto that may be expressed, and any evaluations thereof that may be made, by personnel of the Authority during the pre-award survey.

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c. The Contract will be awarded, if at all, to a responsive and responsible Bidder who is technically, financially and otherwise qualified to satisfactorily perform and meet all conditions in the Contract. MARTA reserves the right to accept a Bid other than the lowest, if it determines that MARTA’s interests will be best served by doing so, or to reject all Bids or parts of Bids received.

d. If only one (1) acceptable bid is received, MARTA will determine whether a price or cost analysis of the bid is required. If MARTA decides to conduct a price or cost analysis, the Bidder will provide all information needed and requested by MARTA to do so, and shall otherwise cooperate as necessary for the purpose.

e. RESERVED

f. Trade Names and Alternatives. Equipment, supplies, goods, or materials may be described or specified, either in the Technical Specifications or on the Bid Form, by trade names or the name of manufacturers and their catalogue information, or may be similarly listed as being known to be acceptable to MARTA. In such cases, the Bidder shall state in its bid the trade name, the manufacturer and the model number or other catalogue information, or other description of the equipment, supplies, goods, or materials that it will, if awarded the Contract, supply or use. The product so designated in the Bid may be one of those named in the specifications. Alternatively, unless the contrary is expressly specified, but subject to MARTA’s approval as hereinafter provided, the Bidder may designate an alternative that is at least equal in quality and has the characteristics required for the purpose intended. The Bidder shall be required to show that any such alternative it proposes is in fact equal with respect to quality, reliability, suitability, safety, and ease of use, and shall provide MARTA with all information reasonably needed to do so. If a classification, rating, or other certification by an independent testing laboratory is a part of the specifications, the Bidder shall provide reports or certifications by such agency, or by an equivalent independent testing laboratory, showing that any proposed alternative complies. Bidders who propose alternatives should submit appropriate information with their Bids, but may explain, clarify, or supplement such information if necessary. MARTA shall be the sole judge of the acceptability of proposed alternatives. The Bidder, if awarded the Contract, will be required to supply or to use the equipment, supplies, goods, or materials named in its Bid, whether that specified or described in the Bid documents, or an alternative approved by MARTA. If no equipment, supplies, goods, or materials are named in the Bid, Bidder acknowledges and agrees that it will supply those specified or described in the Bid documents.

13. Submission of Bids:

a. Bids must be submitted according to the requirements of this IFB. All blank spaces must be typed or hand-written in blue or black ink. All corrections to any entry should be lined out and initialed by the Bidder prior to Bid submission. Do not use correction tape or liquid paper. Any conditions placed upon a Bid or exceptions to the terms of this IFB (or the Contract) may result in MARTA deeming the Bid non-responsible.

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b. Bids shall be signed by hand by a principal of the Bidder with the authority to bind the

Bidder and enter into an agreement with MARTA. Joint ventures or partnerships must designate one joint venture member/partner to represent the joint venture or partnership, respectively, with the authority to submit and execute a Bid, bind the entity as well as enter into an agreement with MARTA. Each Bidder is responsible for the preparation of its Bid and for the costs associated therewith.

c. Each Bidder must submit a complete bid in accordance with the requirements of this

IFB. The format for the submission of a bid mandated by this IFB is not negotiable.

The name and number of this solicitation is B50079: Auxiliary Electrical Room Replacement Program – Wave 1. Bids must be submitted in sealed envelope(s) or package(s) and the outside of the envelope(s) or package(s) should clearly identify the name of the solicitation, Bid Number, Bidder’s Name and address, and Bidder’s Federal Work Authorization User Identification Number. All bids must be submitted to:

Metropolitan Atlanta Rapid Transit Authority

Office of Contracts, Procurement and Materials 2400 Piedmont Road, N.E.

Atlanta, Georgia 30324-3330 Attn: Contract Control (IFB B50079)

[See end of Part 1 for directions]

d. Bids must be submitted to the above address between the hours of 9:00 a.m. and

2:00 p.m. (local time) Monday through Friday. Bidders should arrive well in advance of the deadline set forth herein because all packages/deliveries to MARTA are scanned prior to acceptance thereof. Bidders should allocate time to have their package scanned so the same is received by MARTA prior to the deadline set forth herein. Bids will not be accepted on the following days: New Year’s Day, Martin Luther King, Jr’s birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day.

e. A Bidder shall submit one (1) original complete bid (which must include the Bid Form) and one (1) USB drive [a.k.a., jump or flash drive] copy of its bid.

f. Each Bidder shall promptly notify MARTA in writing, prior to the Bid Deadline, should the Bidder find discrepancies, errors, ambiguities or omissions in any of Bidder’s bid documents or should the intent or meaning set forth in Bidder’s bid documents appear unclear or ambiguous. In addition, MARTA will reply to such notices, if necessary, by issuing an addendum to the IFB. It is the responsibility of each Bidder to obtain a copy of any addendum issued for this IFB by monitoring MARTA’s website at www.itsmarta.com.

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14. Rejection of Bids; Cancellation of IFB; Waiver of Technicalities. MARTA reserves the right to reject any bid or all bids or to waive any technical defect in a bid before or after the Bid Deadline. MARTA also reserves the right to (a) reject any bid that contains prices that appear to be unbalanced if MARTA determines, in its sole discretion, that such rejection is in MARTA’s best interests or (b) cancel this IFB at any time for any reason or no reason. Additionally, MARTA may, by addendum, modify any provision or part of this

IFB at any time prior to the Bid Deadline. The Bidder shall not rely on oral clarifications to the IFB unless they are confirmed, in writing, by MARTA in an issued addendum.

MARTA also reserves the right to award based upon a Bidder’s original submission without discussion.

15. Georgia Open Records Act: Information provided to MARTA is subject to disclosure under the Georgia Open Records Act (“GORA”). Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].”

16. Representation. By submitting a bid in response to this IFB, Bidder acknowledges and represents that: (a) the accompanying quote is made by a person or business entity that is neither a high cost lender nor a predatory lender, nor is the Bidder an affiliate of a high cost lender or a predatory lender, as described in Chapter 6A of Title 7 of the Official Code of Georgia Annotated (“Code”); (b) it has read all of the IFB documents (including, without limitation, the Contract) and acknowledges that, if successful, Bidder shall be bound by the requirements stated therein; (c) the signatory to the Bid is the Bidder (or Bidder’s duly authorized agent or employee of the Bidder with the authority to bind Bidder hereto); (d) any information or disclosure provided in response to this IFB are fully restated herein and remain truthful and accurate representations up to and including the date Bidder submits its Bid to MARTA; (e) MARTA will not agree to make any substantive revisions to the Contract; (f) it will be bound by MARTA’s Code of Ethics:

https://www.itsmarta.com/uploadedFiles/More/About_MARTA/Code%20of%20Ethics%2010- 10-24.pdf

Uploaded as the same may be amended from time to time in MARTA’s sole discretion; and (g) it agrees that it will voluntarily notify MARTA immediately if any information or disclosure provided to MARTA during any part of this procurement process changes, is no longer accurate or would be misleading in any way.

17. Conflict of Interest: By submitting a bid in response to this IFB, Bidder is representing and warranting to MARTA that none of the following, during the term of the Contract or for six (6) months thereafter, have or will have any interest, direct or indirect, in the Contract or in any part of the proceeds, therefor: (a) members of the MARTA Board of Directors;

(b) officers or employees or former employees of MARTA, or of any representative of MARTA in the administration of this Contract, pursuant to MARTA’s Code of Ethics and Standards of Conduct. This Section also applies to members of or delegates to the United States Congress or the Georgia legislature; and members of the governing body, and all other officers and employees, of the City of Atlanta or the counties of Clayton, DeKalb or Fulton.

Docusign Envelope ID: A1309BFE-28C0-4043-81EA-A28AC5DFF8D8 https://www.itsmarta.com/uploadedFiles/More/About_MARTA/Code%20of%20Ethics%2010-10-24.pdf https://www.itsmarta.com/uploadedFiles/More/About_MARTA/Code%20of%20Ethics%2010-10-24.pdf

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18. Protests: Any protest or objection to this IFB or the solicitation process related to this IFB must be submitted, in a timely manner, in accordance with the protest procedures set forth on MARTA’s website at:

https://itsmarta.com/uploadedfiles/Bid%20Protest%20Procedure.pdf.

19. Equal Employment Opportunity and Disadvantaged Business Utilization. All Bidders are strongly encouraged to consider the use of Disadvantaged Business Enterprises (“DBE(s)”) in all aspects of the Contract that will be awarded pursuant to this solicitation process and are required to document their good faith efforts in this regard as an integral part of their Bid. Refer to the Equal Employment Opportunity and Disadvantaged Business Enterprise Requirements. A current listing of DBE’s certified with the Georgia Unified Certification Program DBE Directory, as the same may change from time to time, is located at http://www.dot.ga.gov/PS/Business/DBE. MARTA has assigned a 25% goal for Disadvantaged Business Enterprise (DBE) participation in this project, the Bidder agrees and warrants that Bidder:

(i) Does not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin; (ii) comply with all the provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and other relevant orders of the US Secretary of Labor, and Bidder will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by Title VI of the Civil Rights Act of 1964, as well as, the Age Discrimination in Employment Act effective June 12, 1968, and will permit access to books, records and accounts by the Authority, the Secretary of Labor and/or the Secretary of Transportation, for purposes of investigation to ascertain Bidder’s compliance with such rules, regulations, and orders; (iii) take affirmative action to assure that Disadvantaged Business Enterprises are strongly pursued for participation on this contract and will document their best efforts to ascertain DBE participation in different aspects of the project as an integral part of their submitted Bid. The breach of any of the foregoing agreements and warranties shall be a material breach of this contract, for which MARTA, in addition to all other remedies, shall have the right to cancel the contract; and (iv) provide MARTA with a written copy of its equal opportunity policy statement if less than fifty (50) employees and a copy of current written affirmative action plan if fifty (50) or more employees, which will be accomplished prior to Contract award.

20. Environmental Purchasing. MARTA desires to use Environmentally Preferable Purchasing (EPP) criteria when making purchases for commodities and services. Environmentally Preferable Purchasing refers to securing products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. These products minimize the consumption of resources, energy and water; prevent the creation of solid waste, air pollution or water pollution; minimize the use of materials or processes which compromise the environment; and/or promote the use of non-toxic substances and avoid toxic materials or processes.

https://itsmarta.com/uploadedfiles/Bid%20Protest%20Procedure.pdf http://www.dot.ga.gov/PS/Business/DBE

Page 12 B50079: AUXILIARY ELECTRICAL ROOM REPLACEMENT PROGRAM – WAVE 1

a. Twelve basic categories are used to provide guidance as to what constitutes an environmentally preferable product. These categories include:

(i) Alternative Energy Source

(ii) Bio-Based

(iii) Biodegradable

(iv) Compostable

(v) High Recycled Content

(vi) Low Toxicity

(vii) Low Volatile Organic Compound (VOC)

(viii) Pollution (air, water, solid waste) Reduction

(ix) Recyclable

(x) Repairable

(xi) Resource Efficient (water conserving and/or energy efficient)

(xii) Reusable

b. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all Bids submitted should comply with the following guidelines:

(i) All copies should be printed double-sided.

(ii) All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). All Bids should note the level of recycled content contained in the paper being used.

(iii) Unless absolutely necessary, all Bids and copies should minimize or eliminate the use of non-recyclable or non-reusable materials, such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three-ringed binders, glued materials, paper clips and staples are acceptable.

(iv) Bidders should submit materials in a format that allows for easy removal and recycling of paper materials.

(v) Bidders are encouraged to use other products that contain recycled content in their Bid documents. Such products may include, but are not limited to, folders, binders, paper clips, discs, envelopes, boxes, etc. Where appropriate, Bidders may wish to note which products in their Bids are made with recycled materials.

(vi) Unnecessary samples, attachments or documents not specifically asked for should not be submitted with the Bids.

21. Electronic Solicitation Documents. This IFB is being made available to all Bidders by electronic means. By responding to this IFB, Bidder acknowledges and accepts full responsibility to ensure that it is responding to the correct form of IFB, including any addenda issued by MARTA’s Department of Contracts, Procurement and Materials.

Bidder acknowledges and agrees that in the event of a conflict between the IFB in the Bidder’s possession and the version maintained by MARTA’s Department of Contracts, Procurement and Materials, the version maintained by MARTA’s Department of Contracts, Procurement and Materials shall govern. The IFB document is available at www.itsmarta.com.

Page 13 B50079: AUXILIARY ELECTRICAL ROOM REPLACEMENT PROGRAM – WAVE 1

22. Award of Contract; Execution: If MARTA awards a Contract pursuant to this procurement, MARTA will prepare and forward to the successful Bidder a Contract for execution substantially in the form included in the solicitation document.

MARTA

HQ

MARTA HQ

RECEIVING

MARTA HQ Annex

2400 PIEDMONT RD NE

ATLANTA GA 30324

404-848-5081 Annex Mail Center 404-848-4773 Mail Services Supervisor

The address for receiving all deliveries to MARTA Headquarters Complex (HQ - 2424 Piedmont Rd NE and HQ Annex - 2400 Piedmont Rd NE) is:

Directions from MARTA HQ to MARTA Receiving at the HQ Annex (see map below):

East on Morosgo Drive to Piedmont Rd. NE South on Piedmont Rd to Garson Dr. NE West on Garson Dr. NE to third driveway on the right

OVER FOR DRIVING DIRECTIONS FROM I-75 N/I-85 N, I-85 S AND GA - 400

DIRECTIONS TO THE HQ ANNEX MAIL CENTER LOADING DOCK

RECEIVING HOURS:

Monday – Friday 9:00 am – 2:00 pm

Closed: New Year’s Day/Martin Luther King, Jr Holiday/Memorial Day/Independence Day/Labor

Day/Thanksgiving Day/Friday Following//Thanksgiving Day/Christmas Day

Driving Directions from I-75 S From I-75 S, Use the left 3 lanes to take exit 251 to merge onto I-85 N, follow signs for I-85 N Take the Buford Hwy N exit Merge onto GA-13 N Take the GA-237 N/Piedmont Rd NE exit Turn right onto Piedmont Rd NE Turn left onto Garson Dr. NE (turn into third driveway on right)

Page 14 B50079: AUXILIARY ELECTRICAL ROOM REPLACEMENT PROGRAM – WAVE 1

INTERCOM

LOADING

DOCK &

LIFT

PEDESTRIAN

ENTRANCE &

DOORBELL

Driving Directions from I-75/I-85 N

From the I-75 N/I-85 N Connector northbound, Keep left at fork to stay on I-85 N, follow signs for I-85 N Take the Buford Hwy N exit Merge onto GA-13 N Take the GA-237 N/Piedmont Rd NE exit Turn right onto Piedmont Rd NE Turn left onto Garson Dr. NE (turn into third driveway on right)

Driving Directions from GA- 400 S

From GA-400 southbound, Take exit 18 for Sidney Marcus Blvd Turn left onto GA-237 S/Piedmont Rd NE Turn right onto Garson Dr NE (turn into third driveway on right)

Directions to the HQ Annex Mail Center Loading Dock Enter the driveway (note signage on fence for MARTA HQ Annex, MARTA Police) and proceed to the gate and intercom. Press the intercom button and provide the Protective Specialist:

• Your Name

• Your Company Name

• Purpose for Your Visit

From the gate, proceed to the first stop sign and turn left to the HQ Annex Mail Center and loading dock. The pedestrian entrance and doorbell are to the left of the loading dock.

Driving Directions from I-85 S From I-85 southbound, Take exit 88 for Lenox Rd toward GA- 400 N/Cheshire Br Rd Turn left onto Cheshire Bridge Rd NE Turn right onto GA-236 W/Lavista Rd NE/Lindbergh Dr NE Turn left onto GA-237S/Piedmont Rd NE Turn right onto Garson Dr NE (turn into third driveway on right)

Page 15 B50079: AUXILIARY ELECTRICAL ROOM REPLACEMENT PROGRAM – WAVE 1

Part 2: Supplementary Instructions to Bidders

The following supplementary instructions to Bidders for IFB 50079 add to, modifies and/or amends the instructions set forth elsewhere in this solicitation document. In the event of a conflict between the instructions contained in this Part 2 and the balance of the IFB, the terms and conditions set forth in this Part 2 shall control.

1. Additional Requirements

2. Non-Disclosure Agreement

IFB B50079 – Auxiliary Power Equipment Replacement Program WAVE -1

Additional Requirements

The Bidders are requested to provide the following information with the Bid. This information is additional to information requested in Part I of this Invitation for Bids (IFB B50079)

1. Specialized Experience: The Bidder should highlight any experience it has working with federal, state, and local governments, quasi-governmental entities, private entities and public agencies/authorities, specifically public transit agencies.

(i) A list of completed and current projects within past eight (8) years that included the following electrical substation related equipment and/or systems; MARTA is expecting a minimum of three (3) projects related with:

a. Medium Voltage AC Switchgear (20KV)

b. Rectifier-Transformer

c. Rectifier

d. DC Switchgear

Note: If the Bidder has less than eight (8) years in business, therefore Bidder must include all completed and current projects.

(ii) The list provided above shall include the following information brief scope, duration, references, and contract value.

(iii) In case Bidder has experience in electrical substation equipment replacement, Bidder shall state the measures taken by Bidder to ensure the operations (i.e., supply temporary power at the jobsite) would be available during normal operation while the work was in progress. Otherwise, Bidder based on its experience shall provide its best considerations to ensure operation will be normal during the implementation of this project.

(iv) Any other types of work performed in an active heavy rail transit system environment in the past eight (8) years, if applicable.

(v) Bidder must hold and maintain a License by Georgia Board of Electrical Contractors for the last three (3) years.

2. Project Monitoring, Control and Execution Statement: The Bidder shall provide a brief description of the method(s) it plans to use to monitor and control the cost and schedule of this project. Furthermore, the Authority would like to ensure that Bidder is understanding of scope of work. Therefore, Bidder based on its experience must provide a brief description, including the main steps that Bidder will take to execute the scope. Bidder can consider an electrical substation equipment replacement or installation located underground or in a building’s basement or at ground level. This Execution Statement shall be a high-level implementation plan which shall include details of step-by-step of main activities and expected challenges to achieve the objectives of the project.

NON-DISCLOSURE AGREEMENT

TO POTENTIAL BIDDERS:

Re: B50079 Auxiliary Electrical Room Replacement Program – Wave 1 (the “Project”)

To ensure that all related solicitation documents, which may include drawings, as-built plans, specifications, and other materials (the "Confidential Information") remain confidential, the potential bidders are therefore instructed not to disclose the contents of the Confidential Information. As a condition to receiving the Confidential Information, you agree with MARTA as follows:

1. All Confidential Information will be used by you for the sole purpose of preparing a response to the solicitation and will not be used in any way detrimental to MARTA. All Confidential Information will be kept confidential by you and not disclosed to any other parties; provided, however, such information may be disclosed to your directors, officers, employees and representatives acting on your behalf who need to know such information for the purpose of helping you prepare a response to the solicitation (it being agreed that such directors, officers, employees and representatives shall be informed by you of the terms of this Agreement and shall agree to be bound by the terms hereof). You shall be responsible for any breach of this Agreement by your directors, officers, employees, agents or representatives.

2. In the event that you are requested or required (by subpoena or other legal process) to disclose any Confidential Information supplied to you or your representatives in the course of your dealings with MARTA, you will provide MARTA with prompt notice of such request (prior to providing the information or complying with said order) so that MARTA may seek an appropriate protective order and/or waive your compliance with the provisions of this Agreement.

3. MARTA has not made or makes any representation or warranty as to the accuracy or completeness of the

Confidential Information; and MARTA shall not have any liability to you or any of your representatives or advisors resulting from the Confidential Information or your use thereof.

Having read the above, please acknowledge your understanding and acceptance of this Agreement by printing your name, organization, and title, signing your name, and filling in the date on which you signed this Agreement.

Return a copy via email to QuoVadis Wright at qwright@itsmarta.com.

Name (Printed) Organization

Signature Title

Date mailto:fjackson3-ctr@itsmarta.com

PART 3: REQUIRED SUBMITTAL FORMS

(Check List)

This Checklist is being provided for information purposes only. Bidders are responsible for reviewing the entire solicitation document and remitting all required and/or requested information and submittals. Please include the checklist with your Bid, however, failure to remit the Checklist will not result in the Bidder being deemed non-responsive.

Complete, sign, notarize (if applicable) and submit all forms listed below:

1. Illegal Immigration Reform and Enforcement Act Affidavit (Form 1)

Contract Affidavit (Form 1a) Subcontractor Affidavit (Form 1b) Sub-Subcontractor Affidavit (Form 1c)

2. Acknowledgement of Addenda (Form 2)

3. Bid Form (Form 3)

4. No Conflict of Interest (Form 4)

5. List of Proposed Subcontractors (Form 5)

6. Qualifications and Business References (Form 6)

7. Certification of Primary Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion (Form 7)

8. Certification of Lower-Tier Participant Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion (Form 8)

9. Certification Regarding Lobbying (Form 9)

10. Disclosure of Lobbying Activities (Form 10)

11. Appendix A: Office of Corporate Compliance and Engagement Requirements

FORM 1

Illegal Immigration Reform and Enforcement Act Forms

All Bidders must comply with the Illegal Immigration Reform and Enforcement Act of 2011, O.G.G.A § 13-10-90, et seq. (“IIREA”). Bidders must familiarize themselves with IIREA and are solely responsible for ensuring their compliance therewith. Bidders may not rely on these instructions for that purpose. These instructions are offered only as a convenience to assist Bidders in complying with the requirements of MARTA’s procurement process and the terms of this IFB.

1. The attached Contractor Affidavit must be filled out COMPLETELY and submitted with the bid prior to the bid due date.

2. The Contractor Affidavit must contain an active Federal Work Authorization Program (E-Verify) User ID Number and Date of Registration.

3. Where the business structure of a Bidder is such that Bidder is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Bidder must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Bidder itself (see Example 1 below). Where the business structure of a Bidder does not require it to obtain an EIN, each entity comprising Bidder must submit a separate Contractor Affidavit (see Example 2 below).

Example 1: ABC, Inc. and XYZ, Inc. form and submit a bid/proposal as TransitService, LLC. TransitService, LLC must enroll in the E-verify program and submit a single Contractor Affidavit in the name of TransitService, LLC which includes the Federal Work Authorization User ID Number issued to TransitService, LLC.

Example 2: ABC, Inc. and XYZ, Inc. execute a joint venture agreement and submit a bid/proposal under the name TransitService, JV. If, based on the nature of the JV agreement, TransitService, JV is not required to obtain an Employer Identification Number from the IRS. The bid/proposal submitted by TransitService, JV must include both a Contractor Affidavit for ABC, Inc. and a Contractor Affidavit for XYZ, Inc.

4. All Contractor Affidavits must be executed by an authorized representative of the entity named in the Affidavit. All Contractor Affidavits should be notarized.

5. Subcontractor and sub-subcontractor affidavits are not required at the time of bid/proposal submission, but will be required at or prior to Contract execution or in accordance with the timelines set forth in IIREA.

Form 1a Contractor Affidavit

O.C.G.A. § 13-10-91(b)(1)

By executing this Contractor Affidavit, the undersigned contractor verifies its compliance with O.C.G.A.

§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13- 10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor: ______________________________________________

Name of Project: ______________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________, ____, 20__ in _________________ (city), __________ (state)

Signature of Authorized Officer or Agent

Printed name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE

ME ON THIS THE ___, DAY OF ________, 20_____

NOTARY PUBLIC

My Commission Expires:

Form 1b Subcontractor Affidavit

O.C.G.A. § 13-10-91(b)(3)

By executing this Subcontractor Affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ___________________________________ (name of contractor) on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.