IFB NO MA141253 CARBON STRIPS.pdf

No.

Issued:

LACMTA ISSUE DATE: July 16, 2026

CARBON STRIPS

IFB No. MA141253

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 (RESERVED)

LOI-06 WORKSITE VISIT (RESERVED)

LOI-07 BASIS OF AWARD

LOI-08 EXHIBITS

LOI-09 CONTRACT DOCUMENTS

LOI-10 APPROVED EQUALS

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 (RESERVED)

LOI-17 SBE SET-ASIDE PROGRAM

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)

IB-20 BIDDERS LIST FORM

IB-21 BUY BACK (RESERVED)

IB-22 BONDS (RESERVED)

IB-23 REQUIREMENTS CONTRACT - SHELF GOODS

DEOD INSTRUCTIONS

DI-01 - INSTRUCTIONS TO BIDDERS/PROPOSERS

III. BID REQUIREMENTS/FORMS

SUBMITTAL REQUIREMENTS

1.1 GENERAL FORMAT

1.2 RESERVED

1.3 BID FORMS

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1.4 CERTIFICATION FORMS

1.5 SBE SET-ASIDE FORMS

EXHIBITS (SOLICITATION)

EXHIBIT 1 SBE SET-ASIDE BID/PROPOSAL FORMS

EXHIBIT 2 SCHEDULE OF QUANTITIES AND PRICES (BID PRICING SHEET)

EXHIBIT 3 RESERVED

EXHIBIT 4 LIST OF CERTIFIED FIRMS (RESERVED)

EXHIBIT 5 BIDDERS LIST FORM

EXHIBIT 6 BID LETTER

EXHIBIT 7 LIST OF CURRENT CONTRACTS - BACKLOG

EXHIBIT 8 LIST OF COMPLETED CONTRACTS - LAST FIVE YEARS

EXHIBIT 9 BID BOND (RESERVED)

EXHIBIT 10 QUALITY ASSURANCE / QUALITY CONTROL (RESERVED)

EXHIBIT 11 SAFETY (RESERVED)

EXHIBIT 12 BIDDER'S INDUSTRIAL SAFETY RECORD (RESERVED)

EXHIBIT 13 ETHICS DECLARATION

EXHIBIT 14 GENERAL CERTIFICATIONS

EXHIBIT 15 CERTIFICATE OF COMPLIANCE WITH 49 CFR PART 655, PREVENTION OF ALCOHOL

MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS

EXHIBIT 16 CERTIFICATION OF COMPLIANCE WITH FEDERAL LOBBYING REQUIREMENTS (49 CFR

PART 20)

EXHIBIT 17 CERTIFICATION OF PROSPECTIVE CONTRACTOR AND LOWER TIER PARTICIPANT

REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

EXHIBIT 18 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER

EXHIBIT 19 BUY AMERICA CERTIFICATE (STEEL, IRON, OR MANUFACTURED PRODUCTS)

EXHIBIT 20 POINT(S) OF DELIVERY

EXHIBIT 21 PACKAGING

EXHIBIT 22 MISCELLANEOUS (RESERVED)

IV. CONTRACT DOCUMENTS (SAMPLE)

FORM OF CONTRACT

ARTICLE 0 SIGNATURES

ARTICLE I CONTRACT DOCUMENTS ORDER OF PRECEDENCE

ARTICLE II DEFINITIONS

ARTICLE III WORK TO BE PERFORMED / GOODS TO BE DELIVERED

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 ADDITIONAL PROVISIONS

ARTICLE XI INDEFINITE DELIVERY, INDEFINITE QUANTIITY

ARTICLE XII ENTIRE AGREEMENT

SPECIAL PROVISIONS

SP-01 SBE SET-ASIDE

SP-02 ORGANIZATIONAL CONFLICTS OF INTEREST*

SP-03 RELEASE OF INFORMATION*

SP-04 WORKSITE ACCESS/RESTORATION (RESERVED)

SP-05 INSURANCE REQUIREMENTS

SP-06 LOSS PREVENTION (RESERVED)

SP-07 CONTRACTOR EQUIPMENT* (RESERVED)

SP-08 HAZARDOUS MATERIAL IDENTIFICATION AND SAFETY DATA (RESERVED)

SP-09 CLEAN UP (RESERVED)

SP-10 PROTECTION OF STRUCTURES, EQUIPMENT, AND VEGETATION (RESERVED)

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

IMPROVEMENTS* (RESERVED)

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SP-12 RESERVED

SP-13 LIQUIDATED DAMAGES* (RESERVED)

SP-14 THE CONTRACTOR'S LICENSE (RESERVED)

SP-15 LACMTA MANAGEMENT OF CONTRACTOR'S PERSONNEL* (RESERVED)

SP-16 SUBCONTRACT ADMINISTRATION* (RESERVED)

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

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

SP-19 REQUIREMENTS CONTRACT - SHELF GOODS

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 (RESERVED)

GC-08 WHISTLEBLOWER REQUIREMENTS*

GC-09 AGENT TO ACCEPT SERVICE

GC-10 ETHICS AUTHORITIES*

GC-11 CONFIDENTIALITY*

GC-12 COVENANT AGAINST CONTINGENT FEES*

GC-13 ENGLISH REQUIREMENTS*

GC-14 LICENSES AND PERMITS

GC-15 RESERVED

GC-16 RIGHTS IN PROPERTY*

GC-17 INDEPENDENT CONTRACTOR

GC-18 SUBCONTRACTORS AND SUPPLIERS*

GC-19 STANDARDS OF PERFORMANCE*

GC-20 INSPECTION OF WORK*

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 RESERVED

GC-28 RESERVED

GC-29 CHANGES

GC-30 NOTICE OF INTENT TO CLAIM AND CLAIMS

GC-31 RESOLUTION OF DISPUTES

GC-32 FINAL ACCEPTANCE*

GC-33 RESERVED

GC-34 SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE* (RESERVED)

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*

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IFB No. MA141253

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 (RESERVED)

RR-08 ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM*

RR-09 ACCESS TO RECORDS

RR-10 FEDERAL FUNDING, INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS, AND FEDERAL CHANGES*

RR-11 ENERGY CONSERVATION REQUIREMENTS

RR-12 NO GOVERNMENT OBLIGATION TO THIRD PARTIES*

RR-13 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS*

RR-14 SUSPENSION AND DEBARMENT*

RR-15 RECYCLED PRODUCTS

RR-16 COMPLIANCE WITH FEDERAL LOBBYING POLICY*

RR-17 BUY AMERICA*

RR-18 CARGO PREFERENCE*

RR-19 FLY AMERICA

RR-20 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT* (RESERVED)

RR-21 RESERVED

RR-22 ADA ACCESS

RR-23 TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS* (RESERVED)

RR-24 CHARTER SERVICE OPERATIONS (RESERVED)

RR-25 SCHOOL BUS REQUIREMENTS (RESERVED)

RR-26 FEDERAL PATENT AND DATA RIGHTS*

RR-27 SAFE OPERATION OF MOTOR VEHICLES - SEAT BELT USE*

RR-28 SAFE OPERATION OF MOTOR VEHICLES - DISTRACTED DRIVING*

RR-29 FTA NOTIFICATION FOR FTA CONCERNS*

EXHIBITS (CONTRACT)

EXHIBIT A TECHNICAL SPECIFICATIONS

EXHIBIT B PRICING AGREEMENT

EXHIBIT C WORK-COMPLETION/DELIVERABLE SCHEDULE (RESERVED)

EXHIBIT D DIVERSITY & ECONOMIC OPPORTUNITY DEPARTMENT CONTRACT COMPLIANCE MANUAL

(SET-ASIDE)

EXHIBIT E APPROVED SUBCONTRACTORS AND SUPPLIERS

EXHIBIT F MISCELLANEOUS (RESERVED)

EXHIBIT G CERTIFICATION OF COMPLIANCE WITH FEDERAL LOBBYING REQUIREMENTS - 49 CFR

PART 20

EXHIBIT H RESERVED

EXHIBIT I 49 CRF PART 20 (RESERVED)

EXHIBIT J 29 CFR 5.5 AND APPLICABLE FEDERAL PREVAILING WAGE CLASSIFICATIONS

CARBON STRIPS

IFB No. MA141253

I. LETTER OF INVITATION

CARBON STRIPS

IFB No. MA141253

LOI-01 NOTICE AND INVITATION

DATE: Thursday, July 16, 2026

ATTENTION: PROSPECTIVE BIDDER

SUBJECT: INVITATION FOR BID No. MA141253

SOLICITATION TITLE: CARBON STRIPS

The Los Angeles County Metropolitan Transportation Authority (LACMTA) has established a contracting opportunity to provide the following: STRIP - INSERT, CARBON, LRV 42". This project is detailed in the Technical Specifications, Exhibit A. The resultant contract, if awarded, will be federally funded and is subject to fiscal year funding.

You are hereby invited to submit to LACMTA a Bid to furnish all Goods, including, but not limited to, all equipment, materials and other related items required for the performance of a contract resulting from this Invitation for Bid (IFB) on a(n) Indefinite Delivery/Indefinite Quantity basis. All Goods provided under the resulting contract ("Contract") shall be delivered within 24 months from execution of contract. This Contract includes zero 2 year option(s).

Bids shall be submitted electronically via email to bids@metro.net. Bids must be received by LACMTA no later than 2:00 p.m. on Monday, August 17, 2026. Bids received after that time will not be considered. Time of receipt is the date/time stamp on 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 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.

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).

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:

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

CARBON STRIPS

IFB No. MA141253

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 Attention: Veda Sargent, Senior Buyer IFB No. MA141253

• By telephone at (213) 418-3109

• By electronic mail at sargentv@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 (RESERVED)

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. Award will be made to the lowest responsive, responsible Bidder(s). LACMTA reserves the right to award on an item by item basis, aggregate of items or the total bid, whichever is in the best interest of LACMTA.

By submission of its Bid, Bidder agrees that its pricing shall remain firm under any of these conditions.

C. If Option pricing is requested, the evaluation for Contract Award will be based upon the Base Contract plus Option(s), in any possible combination of Options, as determined by LACMTA. Bidders MUST bid on the base and options to be considered for award.

D. 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.

CARBON STRIPS

IFB No. MA141253

LOI-09 CONTRACT DOCUMENTS

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

LOI-10 APPROVED EQUALS

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 within fifteen (15) calendar days before bids are opened. 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.

Bidders shall note that the only acceptable manufacturers of the items specified in the following Specifications sections _________ shall be the indicated manufacturer, pursuant to California Public Contract Code Section 3400. Any bid listing any other manufacturers will be deemed non-responsive.

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 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 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 http://www.bls.gov/bls/NAICS.htm http://www.census.gov/eos/www/naics/ https://www.metro.net/about/business/pre-qualification/

CARBON STRIPS

IFB No. MA141253

• 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) 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

CARBON STRIPS

IFB No. MA141253

LOI-14 CRITICAL DATES

The following dates are critical for this solicitation:

IFB Issue Date: Thursday, July 16, 2026

Pre-Bid Conference (where required): _________

Site Visit/Job Walk (where required): _________

Comments and Questions Due Date: 29-JUL-2026

Request for Approved Equal: 29-JUL-2026

Response to Comments and Questions: 10-AUG-2026

Pre-Qualification Application Due Date: 17-AUG-2026

Bid Due Date/Bid Opening: 2:00 p.m. on Monday, August 17, 2026

CARBON STRIPS

IFB No. MA141253

LOI-15 DBE PROGRAM (RESERVED)

LOI-16 SBE/DVBE PROGRAM (RESERVED)

LOI-17 SBE SET-ASIDE PROGRAM

Bidders/Proposers are hereby notified that:

This project is funded in whole or in part with US Department of Transportation (DOT) funds and will comply with LACMTA's Race Conscious Disadvantaged Business Enterprise (RC DBE) Program requirements. LACMTA shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any federal-assisted contract or in the administration of its DBE program or the requirements of 49 Code of Federal Regulations (C.F.R.) Part 26, as amended.

LACMTA has determined that this solicitation is a race neutral "Small Business Enterprise Set-Aside" project. Pursuant to the LACMTA DBE Program Race-Neutral SBE Set-Aside Policy and in compliance with 49 C.F.R. Section 26.39 "Fostering Small Business Participation:"

A. Bidders/Proposers are hereby notified that bids or proposals for this FTA funded contract shall only be considered from certified SBE firms in accordance with LACMTA SBE certification requirements.

B. Bidders/Proposers must be certified by LACMTA as an SBE at the time of bid or proposal due date to be eligible for a set-aside contract award. Any firm seeking to be certified as an SBE shall comply with LACMTA's SBE certification process detailed in LACMTA's website at www.metro.net/connect.

C. Bidders/Proposers must perform a commercially useful function (CUF) during the performance of the contract. An SBE is presumed to be performing a CUF when it performs and exercises responsibility for at least thirty percent (30%) of the total cost of the contract work with its own workforce. LACMTA encourages SBE Primes to consider joint venture opportunities with other SBEs firms. However, should an SBE choose to joint venture with a non-SBE, the SBE partner shall perform a CUF. Currently, instruction for counting and calculating SBE credit is included in the Instructions to Bidders/Proposers. As referenced in the instructions, LACMTA will only credit SBE participation, for firms performing a CUF.

D. Bidders/Proposers shall provide LACMTA, as part of its bid/proposal, a complete list (including names and addresses) of all subcontractors (SBE and non-SBE) who will perform any portion of the contract work.

Instructions to Bidders/Proposers provide the SBE Set-Aside Bid/Proposal Forms that must be completed and submitted by all Bidders/Proposers at time of bid or proposal due date.

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

LOI-18 MSZ PROGRAM (RESERVED)

http://www.metro.net/connect

CARBON STRIPS

IFB No. MA141253

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

Veda Sargent Senior Buyer

CARBON STRIPS

II. BID INSTRUCTIONS

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IFB No. MA141253

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 Work.

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 Work 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 after publication of IFB (solicitation released). 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

CARBON STRIPS

IFB No. MA141253

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, where required (i.e., vehicle manufacturer).

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.

CARBON STRIPS

IFB No. MA141253

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 the LOI. 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, including any Good Faith Efforts submittals. 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 Goods in a satisfactory manner. Bidders may be required by LACMTA to present further evidence that they have

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IFB No. MA141253 successfully provided similar Goods of comparable magnitude or provide other proof satisfactory to LACMTA that they are competent to successfully complete the Contract.

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 Goods 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.

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 Work described in this IFB.

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

A. Award on an item by item basis, aggregate of items or the total bid, whichever is in the best interest of

LACMTA;

B. Reject any or all of the Bids;

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IFB No. MA141253

C. 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 of the work or product to be provided;

D. Cancel the entire IFB;

E. Issue subsequent IFB;

F. Amend the IFB before Bid closing;

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

H. Appoint evaluation committees to review Bids;

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

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

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

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

M. 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);

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

O. 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;

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

Q. 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.

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, CARBON STRIPS

IFB No. MA141253 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.

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).

http://media.metro.net/ebb/protest.pdf https://www.metro.net/about/business/pre-qualification/

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IB-19 ESCROW OF BID DOCUMENTS (RESERVED)

IB-20 BIDDERS LIST FORM

A. In accordance with 49 C.F.R. 26.11(c), LACMTA is required to maintain a Bidders List, consisting of all firms bidding/proposing on prime contracts and bidding/proposing or quoting subcontracts, who seek an award or participation on LACMTA contracts funded in whole or in part with federal funds. Each Bidders List is a compilation of bidders, proposers, quoters, subcontractors, manufacturers, and suppliers of materials who have submitted bids/proposals during the advertising period of a specific contract.

B. If the LOI identifies this IFB as federally funded, all businesses are required to complete and submit a Bidders List Form (Exhibit 5) when submitting a bid, proposal, or quote directly to LACMTA.

C. All businesses that submit a bid, proposal, or quote directly to LACMTA must also ensure that all of its quoting subcontractors, suppliers, manufacturers and suppliers that the bidder/proposer included in its response to LACMTA, are required to complete and submit a Bidders List Form (Exhibit 5).

D. Bidders List Forms (Exhibit 5) are due with the bid/proposal. Failure to submit the Bidders List Form(s) may deem the bid/proposal non-responsive.

E. LACMTA will use the Bidders List to identify the universe of DBE and non-DBE contractors and subcontractors who seek to work on LACMTA contracts for use in establishing LACMTA's overall DBE goals.

IB-21 BUY BACK (RESERVED)

IB-22 BONDS (RESERVED)

IB-23 REQUIREMENTS CONTRACT - SHELF GOODS

Shelf Goods. The materials specified herein are considered standard, commercially available shelf goods to meet LACMTA's technical requirements. The Contractor is responsible for maintaining adequate stock necessary to ship within forty-eight (48) hours after receipt of the Purchase/Task Order for all subsequent deliveries. LACMTA agrees to purchase the total quantity that has been specified to be maintained in stock.

LACMTA will identify, to the successful bidder, the quantity(ies) of material that Contractor must maintain in stock at all times.

END OF INSTRUCTIONS TO BIDDERS

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IFB No. MA141253

DEOD INSTRUCTIONS

DI-01 - INSTRUCTIONS TO BIDDERS/PROPOSERS

SECTION 100 - DBE PROGRAM

100 LACMTA POLICY STATEMENT: The Los Angeles County Metropolitan Transportation Authority (LACMTA) is the recipient of Federal Transit Administration (FTA) funds and this contract is subject to the requirements of Title 49, Code of Federal Regulations (C.F.R.) Part 26. The LACMTA Small Business Set- Aside complies with the 49 C.F.R. Part 26.39, Fostering Small Business Participation Element of its Disadvantaged Business Enterprise (DBE) Program.

These elements seek to facilitate the participation of small business concerns in our contracting activities; to meet the maximum feasible portion of LACMTA's overall DBE goal through race-neutral means; and to comply with the requirements of 49 C.F.R. 26.39. The elements are active, effective steps to increase race-neutral DBE participation, by fostering competition for LACMTA's contracts by increasing the capacities of small businesses.

It is LACMTA's policy to provide equal opportunity for SBEs and DBEs to compete on FTA-funded contracts.

LACMTA shall take all necessary and reasonable steps to:

1. Ensure nondiscrimination in the award and administration of federally funded contracts.

2. Create a level playing field on which SBEs can compete fairly for LACMTA contracts.

3. Ensure that only firms that fully meet the eligibility requirements of the LACMTA SBE Program are permitted to participate as SBEs.

4. Help remove barriers to the participation of SBEs in LACMTA contracts.

5. Assist the development of firms that can compete successfully in the marketplace outside the DBE program.

101 INTERPRETATION: Any conflict, error, omission or ambiguity which may arise between these instructions and the federal regulations or the above-mentioned DBE Program obligation, shall be resolved first in favor of the federal regulations and second the DBE Program. Failure of a Bidder/Proposer, 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 may be initiated by LACMTA against any firm that:

1. Attempts to participate in the LACMTA DBE Program SBE Set-Aside or any other component of the DBE program as an SBE or DBE if the firm does not meet the eligibility criteria stated in the Certification Standards 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.

2. In order to be eligible for the DBE Program SBE Set-Aside or any other component of the DBE program

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IFB No. MA141253 uses or attempts to use on the basis of false, fraudulent or deceitful statements or representations, another firm that does not meet the certification eligibility criteria stated in the certification standards.

In either case, LACMTA shall take action through the Diversity & Economic Opportunity Department, LACMTA's Office of Inspector General, or Department of Justice further action under suspension and debarment and/or referral of matter for prosecution under appropriate criminal statutes.

103 SBE SET-ASIDE BID/PROPOSAL FORMS: Bidder/Proposer shall submit with their Bid/Proposal completed SBE Set-Aside Bid/Proposal Forms listed below and found in Exhibit 1.

Form No.

Form Name

To Be Completed By

Prime (Includes SBE

Primes)

All Subcontractors /

Suppliers

Subcontractor Listing Form (For IFB Only) X

Form 1 SBE Subcontractors & Suppliers X

Attachment A to Form 1

Supporting Information from SBE Subcontractor X X

Form 2 SBE Affidavit X

Form 3 Business Data Sheet X X

Form 4 SBE Affirmation X X

Form 5 Bidder¿s List Form X

Form 6 SBE Regular Dealer/Distributor Affirmation Form X X

• All Bidders are required to complete and submit the Subcontractor Listing Form for IFB solicitations only.

• All Bidders/Proposers are required to complete SBE Forms 1, 2 and 3.

• All Bidders/Proposers and each SBE is required to complete and submit Attachment A to Form 1

• All Subcontractors/Suppliers are required to complete and submit Form 3.

• All Bidders and SBE Subcontractors/Suppliers are required to complete and submit Form 4.

• All Bidders and Proposers (both SBE and non-SBE) who submit a bid or proposal as a prime are required to complete and submit Form 5

• All Bidders/Proposers and Subcontractors and Suppliers are required to complete and Form 6 for each

SBE supplier whose participation is submitted by a bidder/Proposer for Regular Dealer or Distributor credit.

NOTE: All SBEs are included in the SBE contract goal: African Americans, Asian Pacific Americans, Native Americans, Hispanic Americans, Subcontinent Asian Americans, and Women (including Caucasian Women).

Only SBEs listed in the Bidder's/Proposer's bid or proposal will be counted towards the contract goal.

104 SBE PARTICIPATION: After contract award, SBE participation percentage(s) for SBE subcontractors, consultants or suppliers, listed by the Bidder/Proposer at time of bid or proposal will be monitored and enforced from contract inception through the term of contract. Failure to meet the SBE commitment may result in penalties and/or administrative sanctions.

105 LACMTA OVERALL DBE GOAL: LACMTA has set an overall goal for DBE participation. The overall DBE goal applies to federally funded contracts LACMTA expects to expend for the fiscal year. LACMTA

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IFB No. MA141253 supports the use of race neutral measures to facilitate participation of SBEs and other small businesses and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own forces. LACMTA will track and report any SBE race-neutral participation by certified DBEs achieved through their small business Set-Aside element.

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

LACMTA will perform an independent review and assessment of the data and information provided.

107 SBE INFORMATION: Bidders/Proposers are informed of the following:

1. SBE firms must be SBE certified by LACMTA (see Section 300 SBE Certification Requirements).

2. An SBE 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.

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

4. An SBE 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 Section 200 - Commercially Useful Function).

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

1. Solicit certified SBE 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 firms to respond and take appropriate steps to follow-up initial solicitations.

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

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

4. Negotiate in good faith with SBE firms.

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

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

109 REPLACEMENT OF AN SBE FIRM: If a Bidder/Proposer lists an SBE subcontractor, subconsultant or supplier/broker firm that is subsequently denied prequalification, or determined not eligible prior to award, the

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Bidder/Proposer shall replace the SBE firm with another SBE subcontractor. The Bidder/Proposer shall notify the Diversity & Economic Opportunity Department of this occurrence and shall obtain written approval for the replacement of the SBE firm, prior to replacing an SBE. The Proposers¿ written request shall include the scope of work, dollar commitment for the replaced SBE and the SBE replacement, and document reasons it could not find an SBE replacement.

SECTION 200 - CALCULATING AND COUNTING SBE PARTICIPATION

200 COMMERCIALLY USEFUL FUNCTION: SBE primes and subcontractors, at any tier, must perform a Commercially Useful Function (CUF). A SBE 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. SBE firms must be responsible for the execution of the work and carrying out its responsibilities by actually performing, managing, and supervising the work involved and normal industry practices. To perform a commercially useful function, the SBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a SBE is performing a commercially useful function, Metro will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing, and the SBE credit claimed for its performance of the work, and other relevant factors.

A SBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SBE participation. In determining whether an SBE is such an extra participant, Metro will examine similar transactions, particularly those in which SBEs do not participate.

If a SBE does not perform or exercise responsibility for at least 30 percent (30%) of the total cost of its contract with its own work force, or the SBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it is presumed that the SBE is not performing a commercially useful function.

If it is presumed that an SBE is not performing a commercially useful function, the SBE may present evidence to rebut this presumption. Metro may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices.