IFB No. DR140202.pdf

No.

Issued:

LACMTA ISSUE DATE: May 06, 2026 Skid Steer Loaders IFB No. DR140202

TABLE OF CONTENTS

I. LETTER OF INVITATION

LOI-01 NOTICE AND INVITATION

LOI-02 DEFINITIONS

LOI-03 AVAILABILITY OF SOLICITATION DOCUMENTS

LOI-04 COMMUNICATION WITH LACMTA

LOI-05 PRE-BID CONFERENCE

LOI-06 WORKSITE VISIT (RESERVED)

LOI-07 BASIS OF AWARD

LOI-08 EXHIBITS

LOI-09 CONTRACT DOCUMENTS

LOI-10 APPROVED EQUALS (GOODS)

LOI-11 INDEMNITY

LOI-12 LIQUIDATED DAMAGES (RESERVED)

LOI-13 SOLICITATION LINKS

LOI-14 CRITICAL DATES

LOI-15 DBE PROGRAM (RESERVED)

LOI-16 SBE/DVBE PROGRAM

LOI-17 SBE SET-ASIDE PROGRAM (RESERVED)

LOI-18 MSZ PROGRAM (RESERVED)

LOI-19 LSBE PREFERENCE (RESERVED)

LOI-20 LOI SIGNATURES

II. BID INSTRUCTIONS

INSTRUCTIONS TO BIDDERS

IB-01 PRE-QUALIFICATION REQUIREMENTS

IB-02 CONTRACTOR REGISTRATION LAW (RESERVED)

IB-03 EXAMINATION OF IFB DOCUMENTS

IB-04 INTERPRETATION OF IFB DOCUMENTS

IB-05 COMMUNICATION WITH LACMTA OTHER THAN THE CONTRACT ADMINISTRATOR

IB-06 AMENDMENTS

IB-07 PREPARATION OF SUBMITTAL

IB-08 MODIFIED AND ALTERNATIVE BIDS

IB-09 SIGNING OF BIDS

IB-10 SUBMISSION AND OPENING OF SEALED BID

IB-11 BID EVALUATION PROCESS

IB-12 DISCREPANCIES IN BID ITEMS

IB-13 WITHDRAWAL OF BID

IB-14 BID MISTAKES

IB-15 LACMTA RIGHTS

IB-16 PUBLIC RECORDS ACT

IB-17 DISQUALIFICATION OF BIDDERS

IB-18 FILING OF PROTESTS

IB-19 ESCROW OF BID DOCUMENTS (RESERVED)

DEOD INSTRUCTIONS

DI-01 - INSTRUCTIONS TO BIDDERS/PROPOSERS

III. BID REQUIREMENTS/FORMS

SUBMITTAL REQUIREMENTS

1.1 GENERAL FORMAT

1.2 BID CONTENT

1.3 BID FORMS

1.4 CERTIFICATION FORMS

1.5 SBE/DVBE FORMS

EXHIBITS (SOLICITATION)

EXHIBIT 1 SBE/DVBE BID/PROPOSAL FORMS

Skid Steer Loaders IFB No. DR140202

EXHIBIT 2 SCHEDULE OF QUANTITIES AND PRICES

EXHIBIT 3 RESERVED

EXHIBIT 4 LIST OF CERTIFIED FIRMS (RESERVED)

EXHIBIT 5 BID LETTER

EXHIBIT 6 LIST OF CURRENT CONTRACTS - BACKLOG

EXHIBIT 7 LIST OF COMPLETED CONTRACTS - LAST FIVE YEARS

EXHIBIT 8 ETHICS DECLARATION

EXHIBIT 9 GENERAL CERTIFICATIONS

EXHIBIT 10 CERTIFICATE OF COMPLIANCE WITH 49 CFR PART 655, PREVENTION OF ALCOHOL

MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS

EXHIBIT 11 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER

EXHIBIT 12 MISCELLANEOUS (RESERVED)

IV. CONTRACT DOCUMENTS (SAMPLE)

FORM OF CONTRACT

ARTICLE 0 SIGNATURES

ARTICLE I CONTRACT DOCUMENTS ORDER OF PRECEDENCE

ARTICLE II DEFINITIONS

ARTICLE III SERVICES TO BE PERFORMED

ARTICLE IV COMPENSATION AND PAYMENT

ARTICLE V CONTRACT TERM AND PERIOD OF PERFORMANCE

ARTICLE VI OPTIONS

ARTICLE VII AVAILABILITY OF FUNDS

ARTICLE VIII INSURANCE

ARTICLE IX NOTICES AND SERVICE THEREOF*

ARTICLE X ENTIRE AGREEMENT

SPECIAL PROVISIONS

SP-01 SBE/DVBE PARTICIPATION

SP-02 ORGANIZATIONAL CONFLICTS OF INTEREST*

SP-03 RELEASE OF INFORMATION*

SP-04 WORKSITE ACCESS/RESTORATION

SP-05 INSURANCE REQUIREMENTS

SP-06 LOSS PREVENTION

SP-07 CONTRACTOR EQUIPMENT*

SP-08 HAZARDOUS MATERIAL IDENTIFICATION AND SAFETY DATA

SP-09 CLEAN UP

SP-10 PROTECTION OF STRUCTURES, EQUIPMENT, AND VEGETATION

SP-11 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS*

SP-12 ALLOWABILITY, ALLOCABILITY & REASONABLENESS DEFINITIONS*

SP-13 LIQUIDATED DAMAGES* (RESERVED)

SP-14 THE CONTRACTOR'S LICENSE

SP-15 LACMTA MANAGEMENT OF CONTRACTOR'S PERSONNEL*

SP-16 SUBCONTRACT ADMINISTRATION*

SP-17 PAYMENT AND REPORTING OF PREVAILING WAGE* (RESERVED)

SP-18 LIVING WAGE / SERVICE CONTRACT WORKER RETENTION POLICY* (RESERVED)

GENERAL CONDITIONS

GC-01 GLOSSARY OF TERMS*

GC-02 GOVERNING LAW*

GC-03 CONTRACT DOCUMENTS

GC-04 INTERPRETATION*

GC-05 AUTHORITY OF THE CONTRACTING OFFICER

GC-06 LACMTA'S TECHNICAL REPRESENTATIVE (PROJECT MANAGER)

GC-07 ORGANIZATIONAL AND KEY PERSONNEL

GC-08 WHISTLEBLOWER REQUIREMENTS*

GC-09 AGENT TO ACCEPT SERVICE

GC-10 ETHICS AUTHORITIES*

Skid Steer Loaders IFB No. DR140202

GC-11 CONFIDENTIALITY*

GC-12 COVENANT AGAINST CONTINGENT FEES*

GC-13 ENGLISH REQUIREMENTS*

GC-14 LICENSES AND PERMITS

GC-15 GOODS*

GC-16 RIGHTS IN PROPERTY*

GC-17 INDEPENDENT CONTRACTOR

GC-18 SUBCONTRACTORS AND SUPPLIERS*

GC-19 STANDARDS OF PERFORMANCE*

GC-20 INSPECTION OF WORK (ACCEPTANCE)*

GC-21 SAFETY*

GC-22 SAFETY AND LOSS PREVENTION*

GC-23 UNAUTHORIZED ACTIONS*

GC-24 LIABILITY AND INDEMNIFICATION*

GC-25 PERIOD OF PERFORMANCE

GC-26 EXTENSION OF TIME

GC-27 SUSPENSION*

GC-28 HISTORICAL, ARCHAEOLOGICAL, PALEONTOLOGICAL, AND SCIENTIFIC DISCOVERIES*

GC-29 CHANGES

GC-30 NOTICE OF INTENT TO CLAIM AND CLAIMS

GC-31 RESOLUTION OF DISPUTES

GC-32 FINAL ACCEPTANCE*

GC-33 WARRANTY*

GC-34 SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE*

GC-35 RIGHTS IN TECHNICAL DATA, PATENTS AND COPYRIGHTS*

GC-36 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT*

GC-37 ENVIRONMENTAL COMPLIANCE

GC-38 THE CONTRACTOR'S INTERACTION WITH THE MEDIA AND THE PUBLIC*

GC-39 TERMINATION FOR CONVENIENCE OF LACMTA*

GC-40 TERMINATION FOR DEFAULT*

GC-41 ASSIGNMENT*

GC-42 NO WAIVER

GC-43 SEVERABILITY*

GC-44 AUDIT REQUIREMENTS*

GC-45 CONTRACTOR'S OBLIGATIONS*

REGULATORY REQUIREMENTS

RR-01 ADMINISTRATIVE CODE*

RR-02 DISCRIMINATION*

RR-03 PUBLIC RECORDS ACT*

RR-04 CIVIL RIGHTS REQUIREMENTS*

RR-05 CLEAN WATER AND CLEAN AIR REQUIREMENTS*

RR-06 CONTRACTOR REGISTRATION LAW* (RESERVED)

RR-07 COMPLIANCE WITH CALIFORNIA HEALTH AND SAFETY CODE (HSC) §25250.51

RR-08 ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM*

RR-09 SAFE OPERATION OF MOTOR VEHICLES - SEAT BELT USE*

RR-10 SAFE OPERATION OF MOTOR VEHICLES - DISTRACTED DRIVING*

RR-11 FTA NOTIFICATION FOR FTA CONCERNS*

EXHIBITS (CONTRACT)

EXHIBIT A SCOPE OF SERVICES

EXHIBIT B PRICING AGREEMENT

EXHIBIT C WORK-COMPLETION/DELIVERABLE SCHEDULE (RESERVED)

EXHIBIT D DIVERSITY & ECONOMIC OPPORTUNITY DEPARTMENT CONTRACT COMPLIANCE MANUAL

(STATE/LOCAL)

EXHIBIT E-1 PAYMENT CERTIFICATION (CONTINUOUS)

EXHIBIT E-2 PAYMENT CERTIFICATION (FINAL)

EXHIBIT F RELEASE OF CLAIMS

Skid Steer Loaders IFB No. DR140202

EXHIBIT G APPROVED SUBCONTRACTORS AND SUPPLIERS

Skid Steer Loaders

I. LETTER OF INVITATION

Skid Steer Loaders IFB No. DR140202

LOI-01 NOTICE AND INVITATION

DATE: Wednesday, May 6, 2026

ATTENTION: PROSPECTIVE BIDDER

SUBJECT: INVITATION FOR BID No. DR140202

SOLICITATION TITLE: SKID STEER LOADERS

The Los Angeles County Metropolitan Transportation Authority (LACMTA) has established a contracting opportunity to provide the following: This procurement is for the purchase of two (2), new skid steer loaders for the expansion of equipment that supports Metro's MOW Track Systems. This project is detailed in the Scope of Services, Exhibit A. The resultant contract, if awarded, will be state/locally funded and is subject to fiscal year funding.

You are hereby invited to submit to LACMTA a Bid to furnish all Services, including, but not limited to, all management, labor, or materials and other related items required for the performance of a contract resulting from this Invitation for Bid (IFB) on a Firm Fixed Unit Ratebasis. Requested delivery of two (2) Skid Steer Loaders are required within 180 days from date of Contract Award.

Request for Approved Equal: Please refer to LOI-10 and Exhibit A.1 for details related to the approved equals (goods) process. Any deviation from the technical requirements must be submitted as part of an approved equal process by the deadline specified in LOI-14 Critical Dates. Please review the technical requirements and Scope of Services for complete equipment requirements.

Bid Due Date/Time: Bids in response to this solicitation shall be submitted electronically via email to bids@metro.net. Bids must be received no later than 10:00 a.m. on Thursday, June 11, 2026. Time of receipt is determined by the date/time stamp imprinted upon the email system. It is recommended that bidders send their email(s) allowing for sufficient time to ensure that the bidder can meet the bid due date. Additionally, it is recommended that bidder's email(s) are sent with a Delivery and Read receipt for their records. Lastly, bidders should send a verification email to the named Contract Administrator of the IFB after the email submission(s) of proposal to bids@metro.net. The verification email should indicate that a bid has been submitted by Vendor Name for IFB# on X number of emails.

Bid Opening: Refer to LOI-14 Critical Dates for the Virtual Bid Opening details.

LOI-02 DEFINITIONS

Refer to the Contract Documents, including, but not limited to, the Section titled GLOSSARY OF TERMS in the General Conditions for the meaning of various abbreviations, acronyms and terms used in this IFB but not defined herein.

LOI-03 AVAILABILITY OF SOLICITATION DOCUMENTS

The IFB documents are available for download through LACMTA's Vendor Portal (Open Solicitations).

mailto:bids@metro.net mailto:bids@metro.net https://business.metro.net/webcenter/portal/VendorPortal/pages_home/solicitations/openSolicitations

Skid Steer Loaders IFB No. DR140202

LOI-04 COMMUNICATION WITH LACMTA

All communications in connection with this IFB shall be provided as follows:

Contract Administrator:

• By U.S. Mail, FedEX, UPS or courier:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 Attention: Lance Duran, Contract Administrator IFB No. DR140202

• By telephone at (213) 922-5430

• By electronic mail at duranl@metro.net

Diversity & Equal Opportunity: Lisa Tousant at (213) 922-5419 or via email at DEODS@metro.net.

Request for information on lobbyist registration are to be directed to the Ethics Department at One Gateway Plaza, Mail Stop 99-19-1, Los Angeles, CA 90012; ethics@metro.net.

Pre-Qualification Department: (213) 922-4130 or via email at Pre-Qual@metro.net.

LOI-05 PRE-BID CONFERENCE

LACMTA will hold a Pre-Bid Conference. Bidders are invited to attend the Pre-Bid Conference. Attendance is not mandatory to be considered for award of a contract; however, when a Pre-Bid Conference is held, attendance is encouraged.

Pre-Bid Conference

Time and Date: 10:00 a.m. on Wednesday, May 13, 2026

Link and Phone Number:

Join:

https://teams.microsoft.com/meet/219843194114205?p=xsYZcEr2IG0shy8iSy Meeting ID: 219 843 194 114 205 Passcode: 94rn3F6n

Need help? | System reference

Dial in by phone +1 213-279-1001,,563968242# United States, Los Angeles Find a local number Phone conference ID: 563 968 242# https://teams.microsoft.com/meet/219843194114205?p=xsYZcEr2IG0shy8iSy https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWVjOTJlYmQtOWM5ZS00ZDg4LWFiMzEtOGI4NDU3ZDZkYWZl%40thread.v2/0?context=%7b%22Tid%22%3a%22ab57129b-dbfd-4cac-aa77-fc74c40364af%22%2c%22Oid%22%3a%22f578a405-dfce-4eaa-9db6-163f9ad4dbe8%22%7d file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,563968242 file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,563968242 file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,563968242 https://dialin.teams.microsoft.com/3cd961a0-34f2-4621-a3cb-51eaa4028e8e?id=563968242

Skid Steer Loaders IFB No. DR140202

LOI-06 WORKSITE VISIT (RESERVED)

LOI-07 BASIS OF AWARD

A. The award, if made, will be made to the lowest-priced responsive and responsible Bidder. LACMTA reserves its rights, including, but not limited to, those identified in the Instructions to Bidders, LACMTA RIGHTS, and to be the sole judge of the merits of the respective Bids received.

B. If this Contract provides for options, LACMTA will evaluate the option pricing at the time it considers Bids.

LACMTA's inclusion of an option in an invitation for bid or any contract awarded shall not obligate LACMTA to exercise the option, or to preclude LACMTA from initiating a new solicitation for the services to which the option applies.

LOI-08 EXHIBITS

This solicitation incorporates all Exhibit documents, including but not limited to, those identified as Exhibits (Solicitation) and Exhibits (Contract), with the same force and effect as if they were provided in this solicitation in full text.

LOI-09 CONTRACT DOCUMENTS

A sample copy of all Contract Documents is included as part of this solicitation.

LOI-10 APPROVED EQUALS (GOODS)

Unless otherwise provided in the Specifications, reference to Goods or patented processes by brand, trade name, make, manufacturer, or catalog number shall be regarded only as a means of establishing a standard of quality. Such references shall not be construed as limiting competition. The Contractor may, at its option, use any Goods or process that is equivalent to that named subject to the prior written acceptance by LACMTA.

Bidders seeking LACMTA's authorization for substitution of Goods or processes are required to submit a written request for an "Or Equal" substitution together with data substantiating the bidder's representation that the non-specified item is of equal quality to the item specified. Bidders are required to submit the request and substantiating data to LACMTA by May 20, 2026. Authorization of a substitution is solely within the discretion of LACMTA. LACMTA shall be the sole judge of the quality and suitability of proposed alternative Goods or processes subject to the right of LACMTA to accept or reject such alternative.

LOI-11 INDEMNITY

Any contract awarded pursuant to this IFB will contain the indemnity provisions included in the Section titled LIABILITY AND INDEMNIFICATION in the General Conditions, which will require the Bidder to indemnify LACMTA as provided therein.

LOI-12 LIQUIDATED DAMAGES (RESERVED)

LOI-13 SOLICITATION LINKS

This solicitation may reference the followingelectronic webpages/links. The following listing is provided for the

Skid Steer Loaders IFB No. DR140202 convenience of the Bidders or Proposers and LACMTA does not warrant it to be an all-inclusive listing. Other links may be identified in other solicitation documents or Contract Documents.

• Vendor Portal (Open Solicitations)

• California's Online Marketplace

• Office of Civil Rights

• BLS North American Industry Classification System (NAICS)

• US Census North American Industry Classification System

• Metro Contractor Pre-Qualification Program

• LACMTA Administrative Code

• LACMTA Lobby Ordinance (Applicable Law)

• LACMTA Contractor's Code of Conduct

• Protest Instructions (protest procedures)

• Labor Compliance Manual

• Living Wage and Service Contractor Worker Retention Policy Manual

• Environmental Policy

• Federal Transit Administration (Drug and Alcohol) https://business.metro.net/webcenter/portal/VendorPortal/pages_home/solicitations/openSolicitations https://business.metro.net/webcenter/portal/VendorPortal/pages_home/solicitations/openSolicitations https://caleprocure.ca.gov/ https://dot.ca.gov/programs/civil-rights https://dot.ca.gov/programs/civil-rights http://www.bls.gov/bls/NAICS.htm http://www.census.gov/eos/www/naics/ https://www.metro.net/about/business/pre-qualification/ http://media.metro.net/images/MTA%20Administrative%20Code%20Enactment.pdf http://lrs.metro.net/forms/applicablelaw.aspx http://lrs.metro.net/forms/applicablelaw.aspx http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/ebb/protest.pdf https://www.metro.net/about/lwrp/ https://www.metro.net/about/lwrp/ http://media.metro.net/about_us/sustainability/images/Environmental.pdf https://transit-safety.fta.dot.gov/DrugAndAlcohol/Regulations/Regulations/default.aspx

Skid Steer Loaders IFB No. DR140202

LOI-14 CRITICAL DATES

The following dates are critical for this solicitation:

IFB Issue Date: Wednesday, May 6, 2026

Pre-Bid Conference: 10:00 a.m. on Wednesday, May 13, 2026

Questions Due Date: Wednesday, May 20, 2026

Request for Approved Equal Due Date*:

Wednesday, May 20, 2026

Question and Answer Clarifications: Thursday, May 28, 2026

Bid Due Date: 10:00 a.m. on Thursday, June 11, 2026

Bid Opening: 2:00 p.m. on Thursday, June 11, 2026

Join:

https://teams.microsoft.com/meet/217587561869939?p=ZDTwOEPY zbXsCTS9mW Meeting ID: 217 587 561 869 939 Passcode: ZH3oJ36Q Need help? | System reference

Dial in by phone +1 213-279-1001,,951076140# United States, Los Angeles Find a local number Phone conference ID: 951 076 140#

*Refer to LOI-10 Approved Equals (Goods) for instructions.

https://teams.microsoft.com/meet/217587561869939?p=ZDTwOEPYzbXsCTS9mW https://teams.microsoft.com/meet/217587561869939?p=ZDTwOEPYzbXsCTS9mW https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzM0MWU1ZjktZThmOS00ZjJmLTliNzktYjAxZGNmNjBhYTcz%40thread.v2/0?context=%7b%22Tid%22%3a%22ab57129b-dbfd-4cac-aa77-fc74c40364af%22%2c%22Oid%22%3a%22f578a405-dfce-4eaa-9db6-163f9ad4dbe8%22%7d file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,951076140 file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,951076140 file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,951076140 https://dialin.teams.microsoft.com/3cd961a0-34f2-4621-a3cb-51eaa4028e8e?id=951076140

Skid Steer Loaders IFB No. DR140202

LOI-15 DBE PROGRAM (RESERVED)

LOI-16 SBE/DVBE PROGRAM

Bidders/Proposers are hereby notified that:

This project is funded with state and/or local funds and will comply with LACMTA's Small Business Enterprise (SBE) and Disabled Veteran Business Enterprise (DVBE) or Medium-Size Business Enterprise (MSZ) program requirements. It is LACMTA's policy that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any contract or in the administration of its SBE/DVBE or MSZ programs.

A. An SBE/DVBE Subcontracting goal was not recommended for this project.

Pursuant to the SBE/DVBE Program, if the Bidder/Proposer identifies subcontracting opportunities in the solicitation process or during the performance of the contract, LACMTA expects the Bidder/Proposer to afford maximum opportunities available to SBE/DVBE firms.

B. For a List of Certified Firms please see Exhibit 4.

LOI-17 SBE SET-ASIDE PROGRAM (RESERVED)

LOI-18 MSZ PROGRAM (RESERVED)

LOI-19 LSBE PREFERENCE (RESERVED)

LOI-20 LOI SIGNATURES

For this solicitation, the resulting Contract is set up to be conducted electronically, including the use of electronic signatures. If you wish to opt out of electronic transactions for the Contract, you must notify the Contract Administrator in writing.

Issued by:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Lance Duran Contract Administrator duranl Lance Signature

Skid Steer Loaders

II. BID INSTRUCTIONS

Skid Steer Loaders IFB No. DR140202

INSTRUCTIONS TO BIDDERS

IB-01 PRE-QUALIFICATION REQUIREMENTS

A. Pre-Qualification applies to primes, first tier subcontractors and direct suppliers to LACMTA. Pre- Qualification is required for all firms not exempted from the process if their bid or proposal will exceed $500,000 for non-Construction contracts. Pre-Qualification is required of all firms not exempted from the process regardless of amount for public works construction contracts. Failure to do so may cause your Bid to be rejected as non-responsive.

B. Contractor Pre-Qualification Applications must be emailed to Pre-Qual@metro.net, the LACMTA Pre- Qualification Office, no later than the Bid due date and time. DO NOT insert copies of pre-qualification documents in your Bid. All first-tier subcontractors must be pre-qualified prior to performing any Services.

Contractor is responsible for ensuring a timely submittal of all Contractor Pre-Qualification Applications.

C. For contact information, please refer to the Letter of Invitation (LOI). For detailed instructions, refer to the Contractor Pre-Qualification Application which can be downloaded from LACMTA's Pre-Qualification website, or provided by the Pre-Qualification Office.

IB-02 CONTRACTOR REGISTRATION LAW (RESERVED)

IB-03 EXAMINATION OF IFB DOCUMENTS

A. All Bids shall be submitted in strict accordance with the IFB documents.

B. Copies of the solicitation and LACMTA responses to all written questions, requests for interpretation, and requests for clarification will be available as provided in this IFB. The Bidder is solely responsible for the examination of solicitation documents, reviewing all amendments, and comprehending all conditions that may impact the Bid and the performance of the Services should the Bidder be selected. Failure of the Bidder to examine and inform itself is at its sole risk.

IB-04 INTERPRETATION OF IFB DOCUMENTS

A. Requests for interpretation or clarification of the solicitation documents shall be submitted in writing. All written requests shall be submitted to the Contract Administrator identified in the LOI. Written responses to requests for interpretation or clarification will be provided to all prospective Bidders.

B. To ensure that responses are provided to all prospective Bidders, inquiries shall be received at least ten

(10) working days prior to the submittal due date. Where such interpretation or clarification requires a change in the solicitation documents, LACMTA will issue an amendment.

C. LACMTA shall not be bound by, and the Bidders shall not rely on for any purpose, any oral interpretation or oral clarification of the solicitation documents.

IB-05 COMMUNICATION WITH LACMTA OTHER THAN THE CONTRACT ADMINISTRATOR

Any written correspondence with the following support groups should include a copy to the attention of the http://media.metro.net/uploads/EBB/PQA/images/Pre-Qualification.pdf

Skid Steer Loaders IFB No. DR140202

Contract Administrator identified in the LOI.

A. Pre-Qualification addressed in PRE-QUALIFICATION REQUIREMENTS, which should be directed to the Pre-Qualification Department as indicated in the LOI, and

B. Diversity and Economic Opportunity, which should be directed to the Diversity and Economic Opportunity Department (DEOD), as indicated in the LOI.

IB-06 AMENDMENTS

A. LACMTA reserves the right to revise the solicitation documents prior to the Bid opening. Such revisions, if any, will be made by amendment to this IFB.

B. Bidders shall acknowledge receipt of all amendments to the solicitation documents in the Bid Letter. Failure to acknowledge receipt of all amendments and to include all the requirements of the amendments in the Bid may render the Bid non-responsive.

C. Prior to submitting the Bid to LACMTA for consideration, each Bidder is responsible for checking the LACMTA website to ensure that it has received all applicable amendments.

IB-07 PREPARATION OF SUBMITTAL

A. Bidders shall complete and submit all required Bid forms and submittal requirements in accordance with the directions specified in this IFB and on the forms provided herein. All required explanatory narratives and the supplementary data are to be included with the Bid forms as indicated.

B. Bids shall contain concise written materials that enable the reviewer to make an assessment regarding Bidder's responsibility.

C. Bids shall specifically describe the Bidder's role and relationship to its proposed subcontractors and suppliers, and describe the work allocation and organizational controls interfaces with said proposed subcontractors and suppliers.

D. Pencil or erasable ink shall not be accepted. Initial all modifications made to the Bidder's entries and identify the Bidder's name on the top right of each page, or subcontractor's name when applicable. Liquid or dry correction materials shall not be used.

E. Failure to comply with the requirements outlined in these solicitation documents may result in a Bid being incomplete and rejected as non-responsive.

IB-08 MODIFIED AND ALTERNATIVE BIDS

A Bid shall be rejected if the Bid modifies any requirement of the solicitation documents or is determined to be a conditional or an alternative Bid.

Skid Steer Loaders IFB No. DR140202

IB-09 SIGNING OF BIDS

A. An Authorized Representative with the full legal authority to commit the Bidder shall execute the Bid Letter and all required Bid forms and other solicitation documents. An unsigned Bid Letter will be considered non-responsive, and the bid will not be considered for award.

B. If the Bidder is a joint venture or partnership, it shall submit with its Bid a duly notarized Venturer or Partner-executed Irrevocable Power of Attorney that designates the Bidder's Authorized Representative and a copy of the properly executed Joint Venture or Partnership Agreement. The Bidder's Authorized Representative shall be empowered to execute the Bid on behalf of the Bidder and to act for and bind the Bidder in all matters relating to the Bid. The Irrevocable Power of Attorney and the Joint Venture or Partnership Agreement shall specifically state that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of the Bidder that are assumed under any contract arising from the Bid. The Bidder's Authorized Representative shall execute the Bid on behalf of the joint venture or partnership in its legal name.

C. Bidders shall submit sufficient documentation to (1) establish the legal authority of the identified Authorized Representative(s) to act on behalf of the Bidder, and (2) define the scope of the Authorized Representative's authority.

IB-10 SUBMISSION AND OPENING OF SEALED BID

A. Bids shall be submitted via email at bids@metro.net Bids shall be submitted electronically via email to bids@metro.net. Bids must be received by LACMTA no later than the date and time shown in LOI-14. Bids received after that time will not be considered. Time of receipt is the date/time the email is sent. It is recommended that bidders send their email(s) allowing for sufficient time to ensure that the bidder can meet the bid due date. Additionally, it is recommended that bidder's email(s) are sent with a Delivery and Read receipt for their records. Lastly, bidders should send a verification email to the named Contract Administrator of the IFB after the email submission(s) of bid to bids@metro.net. The verification email should indicate that a bid has been submitted by Vendor Name for IFB# on X number of emails.

B. It is each Bidder's sole responsibility to ensure that its Bid is received as required. The Bid opening is a public process and all bidders may attend.

IB-11 BID EVALUATION PROCESS

A. The Bid evaluation period shall close upon LACMTA's completion of its review and evaluation of Bids. A recommendation for award will be sent to all Bidders and Bid results will be available on LACMTA's website.

B. During the Bid evaluation period, staff shall determine if Bids are responsive and Bidders are responsible.

Bids submitted in strict accordance with the solicitation documents will be deemed responsive.

Responsiveness is defined to mean the Bid must comply in all material respects with the IFB, as determined by LACMTA, including, but not limited to, filling out all forms and following all instructions in the Bid forms in order to meet the minimum qualifications of a Responsive Bidder. Responsibility is defined as the apparent ability of the Bidder to meet and successfully complete the requirements of the Contract.

Responsibility determination includes, but is not limited to, consideration of a Bidder's trustworthiness, the quality of past performance, financial ability, and fitness and capacity to provide the proposed Services in a satisfactory manner. Bidders may be required by LACMTA to present further evidence that they have

Skid Steer Loaders IFB No. DR140202 successfully performed similar services of comparable magnitude or provide other proof satisfactory to LACMTA that they are competent to successfully perform the Services.

C. A debriefing is available to Bidders after award. Bidders must request the debriefing in writing within five

(5) days of receipt of the Notice of Intent to Award. Any request for a debriefing should be addressed to the Contract Administrator identified in the LOI.

IB-12 DISCREPANCIES IN BID ITEMS

A. The Bidder shall furnish a price for each individual Bid item, unless otherwise stated in the Schedule of Quantities and Prices. Failure to do so may render the Bid(s) incomplete and non-responsive and may cause its rejection. The Bid shall state the unit prices, the total amount of each Bid item, and the "Total Bid Price" as indicated on the Schedule of Quantities and Prices for which the Bidder proposes to supply the Services and completely perform the Contract. If the unit price and the extended amount expressed by the Bidder for any item are not in agreement, the unit price alone will be considered as representing the Bidder's intention. LACMTA will correct the extended unit price and the Total Bid Price.

B. Any unit price left blank in the Bid will be considered non-responsive unless the blank item can be calculated from the information available (i.e., unit price can be determined by dividing the total price by the estimated quantity) or is not required as identified in the Schedule of Quantities and Prices.

C. Any total price left blank in the Bid will be considered non-responsive unless the blank item can be calculated from the information available (i.e., total price can be determined by multiplying the unit price by the estimated quantity).

IB-13 WITHDRAWAL OF BID

The Bidder may withdraw its Bid before the bid opening by means of a written request signed by the Bidder or its properly Authorized Representative. The written request must be clearly identified as a "withdrawal of Bid" (on the outside of the envelope and on the request) and delivered to the address identified in the LOI.

IB-14 BID MISTAKES

A Bidder, who seeks to rescind its Bid due to a mistake or error in preparation of its Bid, shall notify LACMTA in writing within five (5) business days of public bid opening. See California Public Contract Code § 5100, et seq.

IB-15 LACMTA RIGHTS

LACMTA may investigate the qualifications and responsibility of any Bidder under consideration, inclusive of, but not limited to, the information provided in the Contractor Pre-Qualification Application, Bid, or any other information available to LACMTA. LACMTA may require confirmation of information furnished by the Bidder and require additional evidence of qualifications and responsibility to perform the Services described in this

IFB.

LACMTA reserves the right to take any of the actions below:

A. Reject any or all of the Bids, at its discretion, including multiple Bids from the same Bidder. More than one

(1) Bid for the same work from any individual, firm, partnership, corporation, or association, under the same

Skid Steer Loaders IFB No. DR140202 or different names will not be accepted, and shall be cause for rejecting any or all Bids received from such firms.;

B. Reject any Bid that, in the opinion of LACMTA, is so unbalanced in comparison to other Bids received and/or to LACMTA's internal estimates that it does not accurately reflect the cost to perform the Services;

C. Cancel the entire IFB;

D. Issue subsequent IFB;

E. Amend the IFB before Bid closing;

F. Exercise its sole discretion to determine matters of responsiveness and request further or additional information from any or all Bidders;

G. Appoint evaluation committees to review Bids;

H. Seek the assistance of outside technical experts to review Bids;

I. Request clarification from any or all Bidders of any information contained in Bids;

J. Approve or disapprove the use of particular subcontractors and suppliers;

K. Exercise its discretion in reviewing Bids according to the requirements of the solicitation documents;

L. Disqualify the Bid(s) upon evidence of an organizational conflict of interest, false or misleading certifications or representations in its Bid, or collusion with intent to defraud or other illegal practices on the part of the Bidder(s);

M. Waive any informalities or irregularities in any Bid, to the extent permitted by law;

N. Require, as a condition to the award of any contract, security from Bidders for the full and faithful performance and completion of the contract in a form determined by LACMTA in its sole discretion, including without limitation payment bonds, performance bonds, letters of credit and guarantees from shareholders of the Bidder or otherwise;

O. Examine any books, records, accounts and other documents of any Bidder as it relates to the Bid; and

P. Reject any conditional or alternate Bid.

IB-16 PUBLIC RECORDS ACT

A. Responses to this IFB are subject to the provisions of the California Public Records Act (Government Code §7920.000 et. seq.).

B. Any documents, including financial records, provided by the Bidder/Contractor to LACMTA marked "Trade Secret," "Confidential," or "Proprietary" provided by the Bidder/Contractor to LACMTA shall be handled in accordance with the Section titled PUBLIC RECORDS ACT in the Regulatory Requirements.

Skid Steer Loaders IFB No. DR140202

IB-17 DISQUALIFICATION OF BIDDERS

A. Organizational conflict of interest restrictions apply to this IFB Process. Organizational conflicts of interest are fact dependent and may arise in various situations or circumstances, including but not limited to, as referenced in the SPECIAL PROVISION entitled

ORGANIZATIONAL CONFLICTS OF INTEREST.

B. As noted above, organizational conflicts of interest are fact dependent, and the party with the greatest access to the relevant facts as to whether a Proposer has an organizational conflict of interest will always be the Proposer itself. LACMTA is the ultimate arbiter of whether a Proposer has an organizational conflict of interest. LACMTA has determined that it is not appropriate for LACMTA to:

1. Evaluate a particular Bidder's circumstances before receiving all the facts that would be included in a bid;

2. Give legal advice; or

3. Make a business decision for a Bidder concerning participation in a procurement.

C. Bidders are prohibited from:

1. Directly or indirectly obtaining any advice or engaging in discussions relating to the Project or the IFB Process from or with; or

2. Including on its Bidder team, any person or entity with an organizational conflict of interest.

Bidders are responsible for identifying any potential or actual organizational conflict of interests before obtaining any advice or engaging in any discussions relating to the Project or the IFB Process and when determining who to include within the Bidder team.

D. By submitting a Proposal, each Bidder agrees that if any perceived, potential, or actual organizational conflict of interest is discovered after the Bidder has submitted its Bid, the Bidder will make an immediate and full written disclosure to LACMTA that includes:

1. The names and contact information of the persons or entities to which the perceived, potential, or actual organizational conflict of interest relates;

2. A description of the perceived, potential, or actual organizational conflict of interest; and

3. A description of the action that the Bidder has taken, or bidders to take, to avoid or mitigate such perceived, potential, or actual organizational conflict of interest.

E. The process for responding to any LACMTA organizational conflict of interest finding shall be governed by LACMTA's organizational conflict of interest policy and Administrative Code.

IB-18 FILING OF PROTESTS

A. All protests must be filed and resolved in accordance with LACMTA's Protest Procedures.

http://media.metro.net/ebb/protest.pdf

Skid Steer Loaders IFB No. DR140202

B. Appeals from the denial of Pre-Qualification must be filed and resolved in accordance with LACMTA's procedures for denial of Pre-Qualification (available for download at LACMTA's Pre-Qualification website).

IB-19 ESCROW OF BID DOCUMENTS (RESERVED)

END OF INSTRUCTIONS TO BIDDERS

https://www.metro.net/about/business/pre-qualification/

Skid Steer Loaders IFB No. DR140202

DEOD INSTRUCTIONS

DI-01 - INSTRUCTIONS TO BIDDERS/PROPOSERS

SECTION 100 - SBE/DVBE PROGRAM

100 LACMTA POLICY STATEMENT: The Los Angeles County Metropolitan Transportation Authority (LACMTA) is the recipient of non-federal funds from state and local funding sources. It is LACMTA's policy to provide maximum opportunity for Small Business Enterprises(s) and Disabled Veteran Business Enterprise(s) to compete and to foster increased SBE/DVBE participation in its procurement and contracting program.

LACMTA shall take the following necessary and reasonable steps to ensure nondiscrimination in the award and administration of non-federally funded contracts.

A. To take all reasonable steps to ensure nondiscrimination in the award and administration of non-federally funded contracts.

B. Create a level playing field on which SBEs/DVBEs can compete fairly for LACMTA contracts.

C. Ensure that only firms that fully meet the eligibility requirements of LACMTA's or the Bay Area Rapid

Transit (BART) SBE Program and the California Department of General Services (DGS) DVBE certification criteria are permitted to participate as SBE/DVBEs.

D. Assist in removing barriers to allow the participation of SBEs/DVBEs in LACMTA contracts.

E. Assist the development of firms that can compete successfully in the marketplace outside the SBE/DVBE program.

101 INTERPRETATION: Any conflict, error, omission or ambiguity which may arise between these instructions, California law and LACMTA's SBE/DVBE Program shall be resolved first in favor of California law and second in favor of LACMTA's SBE/DVBE program. Failure of a Bidder/Proposer or its subcontractors, consultants, suppliers, or other entities to carry out these requirements may be grounds for LACMTA to implement administrative penalties or other remedies imposed by LACMTA.

102 SUSPENSION OR DEBARMENT: Suspension or debarment proceedings shall be initiated by LACMTA against any firm that:

A. The contractor attempts to participate in the LACMTA SBE/DVBE Program as an SBE/DVBE prime or subcontractor if the firm does not meet the eligibility criteria stated in the Certification Standards for SBE/DVBE programs and if it attempts to participate on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty.

B. Attempts to participate in the LACMTA MSZ Program as an MSZ-I or MSZ-II if the firm does not meet the eligibility criteria stated in LACMTA's MSZ Program policy, and if it attempts to participate on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty.

C. In order to meet the SBE/DVBE subcontracting goals or other SBE/DVBE program requirements, the contractor, uses or attempts to use on the basis of false, fraudulent or deceitful statements or representations, another firm that does not meet the SBE/DVBE eligibility criteria stated in the certification standards.

In either case, LACMTA shall take action through the Diversity & Economic Opportunity Department (DEOD) and/or LACMTA's Office of Inspector General for further action and may refer the matter for prosecution under appropriate criminal statutes.

103 SBE and DVBE CONTRACT GOALS:

Skid Steer Loaders IFB No. DR140202

SBE/DVBE goals are established based on the analysis of the scope of work, and the availability of SBE/DVBE firms that are ready, willing, and able to perform. If established, the contract goal is listed in the LOI. If a contract goal is not established, Bidders/Proposers are encouraged to utilize SBE/DVBE firms when opportunities are available during the performance of the contract. The successful Bidder/Proposer will be required to report SBE/DVBE participation throughout the period of performance

104 RESPONSIVENESS TO SBE and DVBE CONTRACT GOALs:If SBE and DVBE contract goals are established for this contract, obtaining the contract goals is a matter of responsiveness. For a Bidder/Proposer to be considered responsive, it must document that it obtained enough SBE and DVBE participation to meet or exceed the goal at the time of Bid/Proposal due date. LACMTA will not round up the commitment percentage when determining the Bidder/Proposer's responsiveness to the SBE and DVBE goal(s). Bidders/Proposers that do not meet or exceed each goal will not be eligible for award.

Bidders/Proposers shall provide the following:

A. Names and addresses of SBE and DVBE firms that will participate in this contract.

B. Description of the work each SBE and DVBE will perform. To count toward meeting the SBE and DVBE goal, each SBE and DVBE firm(s) must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract.

C. Dollar commitments of each SBE or DVBE firm(s) participating to meet the SBE or DVBE goal. Splitting SBE and DVBE dollar commitments between one firm that is performing the same and/or similar scope of work is not allowable. If a firm is certified as both an SBE and a DVBE, Bidders/Proposers must list the firm separately, with different and distinct scopes of work and dollar commitments, to meet each individual goal.

D. Written documentation of the Bidder's/Proposer's commitment to use an SBE or DVBE subcontractor(s) whose participation it submits to meet the SBE and DVBE contract goal(s).

E. Written confirmation from each listed SBE and DVBE that it is participating in the contract and the kind and amount of work as provided in the prime contractor's commitment.

105 SBE and DVBE COMMITMENT(S): After contract award, all SBE and DVBE commitment percentages made by Bidders/Proposers at the time of contract award, are monitored and enforced from contract inception through completion. Failure to meet the SBE and DVBE commitment may result in penalties and/or administrative sanctions. SBE and DVBE administrative requirements for this contract are provided in the Diversity & Economic Opportunity Department Contract Compliance Manual (Non-Federal) incorporated as part of the conformed contract.

106 LACMTA OVERALL SBE and DVBE GOALS: LACMTA establishes an overall annual goal for SBE and DVBE participation. The overall SBE and DVBE goals apply to non-federally funded contracts that LACMTA expects to award for the fiscal year. LACMTA supports the use of race neutral measures to facilitate participation of SBE/DVBEs and other small businesses and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own workforce. To ascertain whether the overall SBE and DVBE goals are being achieved, LACMTA will track the dollar amount(s) paid to SBE and DVBE firms performing contract work that is eligible to be credited toward LACMTA's overall SBE and DVBE goals.

107 SBE/DVBE BID/PROPOSAL FORMS: Bidders/Proposers shall submit with their Bid/Proposal, completed SBE/DVBE Forms listed below and found in Exhibit 1. Failure to submit completed SBE and DVBE forms may deem the Bidder/Proposer non-responsive.

108 LOCAL SMALL BUSINESS ENTERPRISE (LSBE) PREFERENCE

Skid Steer Loaders IFB No. DR140202

A. SBE Bidders that meet the LSBE criteria as a prime will receive a 5% preference as a bid price reduction.

B. Bidders that do not meet the LSBE criteria as a prime, but subcontract at least 30% of the contract value with eligible LSBE firms, will receive a 5% percent preference as a bid price reduction.

C. The preference is used to determine the bid price reduction for evaluation purposes only but does not reduce the bid price.

D. All bidders must complete the LSBE Preference Section C in the Form 2 - Affidavit

E. To be eligible for the LSBE Preference, firms must meet the LSBE certification criteria outlined in Section 300 of theDiversity & Economic Opportunity Department SBE/DVBE Instructions to Bidders/Proposers.

F. A list of Certified LSBE firms was provided in the IFB for your convenience and shall be used to assist with outreach efforts. You may also locate LACMTA LSBE firms for outreach through the LACMTA LSBE Query Directory at https://metro.gob2g.com/.

G. Bidders must meet the SBE/DVBE goal to be eligible for the LSBE Preference.

Form No. Form Name

Completed by

Required

Contractor (Includes

DBE

Contractors)

All Subcontra ctors/ Suppliers

Subcontractor Listing Form

(ForDESIGN- BID-BUILD Only)

X X

Form 1 - Construction

SBE/DVBE

Subcontractors & Suppliers ( For DESIGN-

BID-BUILD

Only)

X X

Attachment A to Supporting https://metro.gob2g.com/

Skid Steer Loaders IFB No. DR140202

Form 1 - Construction

Information from

SBE/DVBE

Subcontractor

(For DESIGN- BID-BUILD Only)

X X

Form 1 - Non- Construction

Proposed Subcontrac tors & Suppliers

(For Non-construction Only)

X X

Attachment A to Form 1 - Non- Construction

Proposed Lower Tier Subcontractors & Suppliers

(For Non-construction Only)

X X

Form 2 SBE/DVBE Affidavit X X

Form 3 Business Data Sheet X X X

Form 4 SBE/DVBE Affirmation X X X

Form 5 Bidders List Form X X

Form 6 SBE/DVBE Regular Dealer/Distribu tor Affirmation Form

X X X

The Prime is required to complete and submit SBE/DVBE Forms 1, 2 and 3. The Prime is required to jointly complete and submit Form 5A/5B if subcontracting with a SBE/DVBE business.

All subcontractors/suppliers are required to complete and submit Form 3 and 4. SBE/DVBE subcontractors and suppliers are required to jointly complete and submit Form 5A and 5B when subcontracting with the Prime.

SBE/DVBE suppliers and/or brokers are required to complete Form 6, as applicable.

109 INFORMATION MUST BE CURRENT ACCURATE AND COMPLETE: Bidders/Proposers shall ensure all information provided in its response to the SBE/DVBE requirements are current, accurate, and complete.

110 SBE and DVBE INFORMATION: Bidders/Proposers are informed of the following:

Skid Steer Loaders IFB No. DR140202

A. SBE firms listed to meet the SBE goal must be SBE certified by LACMTA or Bay Area Rapid Transit (BART). (Reference: Section 300 SBE Certification Requirements).

B. DVBE firms listed to meet the DVBE goal must be certified by the California Department of General Services (DGS). (See Subsection 304 DVBE Certification Requirements).

C. An SBE or DVBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company.

D. An SBE or DVBE joint venture or teaming partner must be responsible for performing a clearly defined scope of work. SBE or DVBE joint venture partners must actually perform, manage and supervise the work with its own workforce; and share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. SBE or DVBE teaming partners must perform the share of work specified by the teaming agreement.

E. An SBE or DVBE must perform a commercially useful function, by being responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising at least 30% of the project work with its own workforce (see Subsection 200 - Commercially Useful Function).

111 SBE/DVBE OUTREACH: Bidders/Proposers shall outreach to SBE/DVBE firms in all available subcontract work categories identified for this contract. The following are recommended outreach efforts that Bidders/Proposers can undertake to provide maximum opportunities to SBE/DVBE firms include the following:

A. Solicit certified SBE and/or DVBE firms that have the capability to perform the work of the contract through all available means (e.g. attendance at pre-bid/proposal meetings, advertising and/or written notices).

Provide sufficient time for SBE/DVBE firms to respond and take appropriate steps to follow-up initial solicitations.

B. Select portions of work to be performed by SBE or DVBE firms in order to obtain SBE or DVBE participation, which may include breaking out contract work items into economically feasible units to facilitate SBE or DVBE participation even when the Bidder/Proposer might otherwise prefer to perform these work items with its own work forces.

C. Provide interested SBE/DVBE firms with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist with response to a solicitation.

D. Negotiate with SBE/DVBE firms.

E. Make efforts to assist interested SBE/DVBE firms in obtaining lines of credit or insurance as required for the contract.

F. Effectively use the services of available small business organizations and other business assistance offices to provide assistance in the recruitment of SBE/DVBE firms.

112 REPLACEMENT OF AN SBE and DVBE FIRM:Prior to contract award, if a Bidder/Proposer lists an SBE/DVBE firm that is subsequently denied prequalification or determined not eligible as an SBE/DVBE prior to award, the Bidder/Proposer shall replace the SBE/DVBE firm with another SBE/DVBE subcontractor. The

Skid Steer Loaders IFB No. DR140202

Bidder/Proposer shall notify the Diversity & Economic Opportunity Department of this occurrence and shall obtain prior written approval for replacement of the SBE/DVBE firm. Bidder/Proposer shall document good faith efforts to replace SBE/DVBE firm by following the good faith effort steps outlined in Section 400 Good Faith Efforts Requirements.

A Bidder's/Proposer's inability to find a replacement SBE/DVBE at the original price is not sufficient to support a finding that good faith efforts have been made to replace the original SBE/DVBE. The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement SBE/DVBE, and it is not a sound basis for rejecting a prospective replacement SBE/DVBE's reasonable quote.

SECTION 200 - CALCULATING AND COUNTING SBE AND DVBE PARTICIPATION

200 COMMERCIALLY USEFUL FUNCTION:To receive SBE/DVBE participation credit towards the SBE/DVBE contract commitments, SBE/DVBE firm(s) must perform a commercially useful function (CUF). An SBE/DVBE must perform at least 30% of its listed work with its own workforce or must not subcontract a greater portion of the work than would be expected on the basis of normal industry practices for that type of work.