Rail_Car_Wheels_-_IFB__C20024.pdf

Rev. 04/19

Invitation For Bids

(Federal)

RAIL CAR WHEELS

IFB No.: C20024

(CCMNT19091)

Issue Date: September 18, 2019

Bid Due Date: October 16, 2019 @ 2:00 PM EST

DBE Goal: 2%

NAICS CODE:331110 - Iron and Steel Mills and Ferroalloy Manufacturing

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Table of Contents

NOTICE TO BIDDERS

NOTICE TO ALL VENDORS

SOLICITATION, OFFER AND AWARD

PRICE SCHEDULE CONTINUATION SHEET

IFB SOLICITATION INSTRUCTIONS

1. INTRODUCTION

2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

3. COMMUNICATIONS WITH THE AUTHORITY

4. PREPARATION OF BIDS

5. EXPLANATIONS TO BIDDERS

6. PRE-PROPOSAL CONFERENCE NA

7. AMENDMENTS PRIOR TO DATE SET FOR OPENING OF BIDS

8. ACKNOWLEDGMENT OF AMENDMENTS

9. PREPARATION OF BIDS

10. SUBMITTAL OF BIDS

11. RESPONSIVE BIDS

12. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS PRIOR TO BID OPENING

13. BID ACCEPTANCE PERIOD AND BIDDER’S DEFAULT

14. BID GUARANTEE NA

15. BID MISTAKE

16. REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

17. LAWS AND REGULATIONS

18. ROYALTY INFORMATION NA

19. REQUIREMENT FOR COST DATA FOR CONTRACT AWARD

20. PRE-AWARD INFORMATION/BIDDER RESPONSIBILITY

21. PRE-AWARD RESPONSIBILITY MEETING

22. SITE VISIT/INSPECTION OFFEROR’S FACILITIES

23. BASIS FOR CONTRACT AWARD

24. EQUAL EMPLOYMENT OPPORTUNITY

25. PERFORMANCE/PAYMENT BONDS NA

26. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS

27. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO BID

28. NOTICE OF PROTEST POLICY

29. WMATA’S TAX EXEMPT STATUS

30. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

31. BRAND NAME OR EQUAL NA

32. REQUESTS FOR RECORDS

REPRESENTATIONS & CERTIFICATIONS

1. TYPE OF BUSINESS ORGANIZATION

2. AFFILIATION AND IDENTIFYING DATA

3. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

4. DISADVANTAGED BUSINESS ENTERPRISE

5. SMALL BUSINESS ENTERPRISE (MAY 2015)

6. AFFIRMATIVE ACTION COMPLIANCE

7. COVENANT AGAINST GRATUITIES

8. CONTINGENT FEES

9. CLEAN AIR ACT AND CLEAN WATER ACT CERTIFICATION

10. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION

11. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

12. CERTIFICATION OF NONSEGREGATED FACILITIES

13. NONDISCRIMINATION ASSURANCE

14. CERTIFICATION OF RESTRICTIONS ON LOBBYING

15. BUY AMERICA ACT CERTIFICATION

16. CERTIFICATION OF NON-DELINQUENT TAXES

17. DISCLOSURES OF INTERESTS OF WMATA BOARD MEMBERS

18. CRIMINAL BACKGROUND SCREENING CERTIFICATION (QUARTERLY)

19. CERTIFICATION REQUIRED FOR ALL SAFETY-SENSITIVE CONTRACTS

PRE-AWARD EVALUATION DATA

TERMS AND CONDITIONS

CHAPTER I – TERMS AND CONDITIONS

1. AGREEMENT

2. ARRANGEMENT OF CONTRACTUAL PROVISIONS

3. ORDER OF PRECEDENCE

4. REQUIREMENTS CONTRACT NA

5. INDEFINITE QUANTITY CONTRACT

6. ORDERING

7. ORDER LIMITATIONS

8. AUDIT, AVAILABILITY, AND INSPECTION OF RECORDS- FTA

9. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

10. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

CHAPTER II – TIME/DELAYS/LIQUIDATED DAMAGES

1. PERIOD OF PERFORMANCE

2. OPTIONS- EVALUATION

3. OPTIONS- EXERCISE

4. OPTION FOR INCREASED OR DECREASED QUANTITIES OF SUPPLIES

5. OPTIONS TO EXTEND SERVICES

6. OPTION TO EXTEND THE TERM OF THE CONTRACT

7. OPTIONS EXERCISED OUT OF SEQUENCE

8. LIQUIDATED DAMAGES FOR DELAY NA

9. EXTENSIONS OF TIME/FORCE MAJEURE

10. THE AUTHORITY’S DELAY

11. NOTICE TO THE AUTHORITY OF LABOR DISPUTES

12. NOTIFICATION OF BANKRUPTCY OR INSOLVENCY

CHAPTER III – ACCEPTANCE/INSPECTIONS/DEFICIENCIES

1. INSPECTION OF SERVICES NA

2. INSPECTION OF SUPPLIES

3. ACCEPTANCE OF SUPPLIES

4. NEW MATERIAL [SUPPLIES]

5. WARRANTY OF SUPPLIES

6. WARRANTY OF SERVICES NA

7. CORRECTION OF DEFICIENCIES

8. FIRST ARTICLE INSPECTION

9. F.O.B. DESTINATION

10. QUALITY ASSURANCE/QUALITY CONTROL

CHAPTER IV—CHANGES/ PRICING ADJUSTMENTS

1. CHANGE ORDERS

2. PRICING OF ADJUSTMENTS

3. ACCOUNTING AND RECORD KEEPING FOR ADJUSTMENTS

CHAPTER V – INVOICES/PAYMENTS/ DEDUCTIONS

1. BILLING AND PAYMENT

2. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA –

MODIFICATIONS

3. SUBCONTRACTOR PAYMENTS

4. GARNISHMENT OF PAYMENTS

CHAPTER VI – CONTRACT TERMINATION/STOP WORK ORDERS/DISPUTES

1. STOP WORK ORDERS

2. TERMINATION FOR DEFAULT- FTA

3. TERMINATION FOR CONVENIENCE- FTA

4. ASSIGNMENT- FTA

5. DISPUTES- FTA

6. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS FOR CONSTRUCTION

ACTIVITIES NA

CHAPTER VII – INDEMNIFICATION/INSURANCE/RISK OF LOSS

1. INDEMNIFICATION

2. INSURANCE REQUIREMENTS

3. TITLE AND RISK OF LOSS

4. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS – FTA NA

5. VETERANS PREFERENCE- FTA- NA

6. INAPPLICABILITY OF CLAUSES REQUIRING UNAUTHORIZED OBLIGATIONS

CHAPTER VIII – INTELLECTUAL PROPERTY RIGHTS

1. PATENT INDEMNITY

2. SET-OFF

3. RIGHTS IN TECHNICAL DATA – LIMITED NA

4. RIGHTS IN TECHNICAL DATA – UNLIMITED

5. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT [SUPPLIES]

CHAPTER IX – ADDITIONAL COVENANTS/LEGAL REQUIREMENTS

1. NONDISCRIMINATION ASSURANCE- FTA

2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME

COMPENSATION

3. WALSH-HEALEY PUBLIC CONTRACTS ACT

4. DAVIS-BACON ACT- FTA NA

5. COPELAND ANTI-KICKBACK ACT – FTA NA

6. CONVICT LABOR

7. COVENANT AGAINST CONTINGENT FEES

8. SEAT BELT USE POLICY

9. SENSITIVE SECURITY INFORMATION

10. LAWS AND REGULATIONS

11. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

12. LIVING WAGE NA

13. METRIC SYSTEM

14. MANDATORY DISCLOSURE

15. WHISTLEBLOWER PROTECTION – FEDERAL

16. WORKPLACE VIOLENCE/ZERO TOLERANCE

17. DRUG AND ALCOHOL TESTING (FOR SAFETY SENSITIVE FUNCTIONS ONLY) –

FTA NA

18. EMPLOYMENT RESTRICTION WARRANTY

19. GRATUITIES

20. OFFICIALS NOT TO BENEFIT

21. ORGANIZATIONAL CONFLICTS OF INTEREST

22. CONTRACTOR PERSONNEL

23. FALSE STATEMENTS, CLAIMS OR SUBMISSIONS

CHAPTER X – MISCELLANEOUS ADDITIONAL PROVISIONS

1. PUBLIC COMMUNICATION

2. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

3. SEVERABILITY

4. SURVIVAL

CHAPTER XI – ADDITIONAL FEDERAL PROVISIONS

1. NOTIFICATION OF FEDERAL PARTICIPATION- FTA

2. ALL NECESSARY FEDERAL PROVISIONS DEEMED INCLUDED- FTA

3. ACCESS TO THIRD PARTY CONTRACT RECORDS- FTA

4. AMERICANS WITH DISABILITIES ACT ACCESSIBILITY – FTA NA

5. RIGHTS IN DATA AND COPYRIGHTS — FTA

6. PATENT RIGHTS- FTA NA

7. BUY AMERICA ACT- FTA

8. PRE-AWARD AND POST DELIVERY AUDIT REQUIREMENTS – FTA NA

9. CHARTER BUS REQUIREMENTS- FTA NA

10. SCHOOL BUS REQUIREMENTS- FTA NA

11. BUS TESTING- FTA NA

12. CARGO PREFERENCE- FTA

13. CLEAN AIR ACT- FTA

14. CLEAN WATER ACT- FTA

15. RECOVERED MATERIALS/ RECYCLED PRODUCTS- FTA

16. RETAINAGE

17. ENERGY CONSERVATION- FTA

18. CHANGES TO FEDERAL REQUIREMENTS- FTA

19. FLY AMERICA REQUIREMENTS- FTA

20. PAYMENT DEDUCTIONS - NONCOMPLIANCE WITH DBE REQUIREMENTS- FTA

21. GOVERNMENT-WIDE DEBARMENT OR SUSPENSION- FTA

22. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

23. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES- FTA

24. FALSE STATEMENTS OR CLAIMS CIVIL AND CRIMINAL FRAUD- FTA

25. LOBBYING- FTA

26. NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS ARCHITECTURE AND

STANDARDS-FTA

27. CONTRACTS INVOLVING FEDERAL PRIVACY ACT REQUIREMENTS- FTA

28. PROGRESS PAYMENTS

29. BONDING FOR CONSTRUCTION PROJECTS EXCEEDING $150,000 – FTA NA

30. BONDING REQUIREMENTS- GENERAL NA

31. SEISMIC SAFETY – FTA NA

CHAPTER XII-WMATA POLICIES

1. SAFETY REQUIREMENTS

2. PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECK REQUIREMENT

3. WORKPLACE VIOLENCE/ZERO TOLERANCE

MID-ATLANTIC COOPERATIVE RIDER CLAUSE

BOND FORMS NA

TECHNICAL SPECIFICATIONS- SCOPE OF WORK

APPENDIX B

COMBINED GLOSSARY OF DEFINITIONS

Washington Metropolitan Area Transit Authority

IFB: C20024

Rev. 04/19

Date: September 18, 2019

SUBJECT: IFB No. C20024

Dear Sir/Madam:

The Washington Metropolitan Area Transit Authority (WMATA) is seeking bids from qualified contractor to provide railcar 28" diameter multi-wear wheels for WMATA's railcar fleet. This IFB contains a 2% percent DBE goal.

A pre-bid conference will not be held. Your company’s bid must be submitted in accordance with the IFB’s terms and delivered to WMATA’s, Office of Procurement and Materials, 600 Fifth Street, NW, Room 3C-02, Washington, DC 20001-2651, no later than 2:00 p.m. on October 16, 2019.

If you have any technical, contractual, or administrative questions, please e-mail them to rjones5@wmata.com no later than close of business, September 27, 2019. WMATA will provide written answers to all questions by amendment. The amendments will be posted on fbo.gov and our website.

The following documents must be completed, signed and submitted with your company’s bid:

Price Schedule;

Solicitation, Offer & Award form;

Pre-Award Survey;

Representations and Certifications;

Certificate(s) of Insurance;

Appendix B (if applicable);

Sincerely, Contracting Officer Office of Procurement and Materials

//SIGNATURE ON FILE

mailto:rjones5@wmata.com

INTRODUCTORY INFORMATION

SOLICITATION CERTIFICATIONS PAGE

IFB C20024

Rail Car Wheels

APPROVED FOR RELEASE

Project Manager/Office Designee Date

Contracting Officer Date

END OF SECTION

NOTICE TO BIDDERS

IMPORTANT

PLEASE READ CAREFULLY

To ensure submission of complete bids and to avoid irregularities that could result in a non-responsive bid, please check your company’s bid for each of the following common responsiveness problems:

1. Have you checked your company’s bid? Are all items included and checked for math errors?

2. If amendments are included, has your company acknowledged and recorded the number of amendments on the bid envelope and bid form?

3. Has your company signed and submitted the Solicitation, Offer & Award page(s)?

4. Has your company properly completed and checked the appropriate box for each

Certification and Representation? Have you included the Representations and Certifications with your company’s bid?

5. Has your company completed and included the Pre- Award Data form?

6. Has your company complied with the Appendix B (if applicable)?

7. Has your company marked the bid envelope with solicitation number and addressed it to the Contract Administrator (Robert Jones)?

8. Has your company included copies of any required Certificate(s) of Insurance?

Note: Contractor’s pricing, if offered to other jurisdictions, will be the same regardless of quantities ordered. The Authority makes no representations regarding the quantities that may be ordered by any other jurisdictions.

NOTICE TO ALL VENDORS

Please be advised that all vendors and contractors who do business with the Washington Metropolitan Area Transit Authority (WMATA) must register in the WMATA Vendor Registration System. Registration is located at http://www.wmata.com New Vendor Registration.

If you are a vendor or contractor and HAVE done business with WMATA in the past, please electronically request your company’s User ID and Password at http://www.wmata.com Forgot User Id/Password.

Registered Vendor Benefits:

• Visibility to WMATA contract administrators and/or purchasing agents during the purchasing decision period;

• Visibility to other 17,500 registered vendors for possible business opportunities;

• Opportunity to update online, company information such as an e-mail address or contact person on-line;

• Ability to sign up for electronic payment option; and

• Ability to electronically reset user id and password.

Any questions regarding registration may be sent to clm@wmata.com.

http://www.wmata.com/ mailto:clm@wmata.com

SUPPLY AND SERVICE CONTRACT IFB C20024

SOLICITATION, OFFER AND AWARD

CONTRACT NO. SOLICITATION NO. DATE ISSUED ADDRESS OFFER TO OFFICE OF PROCUREMENT

IFB

Office of Procurement 600 Fifth Street NW

Washington, DC 20001 X ADVERTISED NEGOTIATED

SOLICITATION

Sealed offer in original and TWO (2) copies for furnishing the supplies or services in the schedules will be received at Authority until 2:00 P.M. Local time October 16, 2019 (Hour) (Date) If this is an advertised solicitation, offers will be publicly opened at that time.

CAUTION – LATE OFFERS: See paragraph 6 of Solicitation Instructions.

All offers are subject to the following:

1. The Solicitation Instructions that are attached.

2. The Terms and Conditions that are attached.

3. The Price Schedule included herein and/or attached hereto.

4. Such other provisions, representations, certifications, and specifications, as are attached or incorporated herein by reference.

Bidder’s e-mail Bidder’s phone number Bidder’s fax number

PRICE SCHEDULE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SEE PRICE SCHEDULE

(Continued on the attached pages)

DUN & BRADSTREET ID NUMBER:

BIDDER

Name and Address

(Street, city, county, state, and zip code)

Name and Title of Person Authorized to Sign Offer (Print or Type)

Signature Offer Date

Check if remittance is different from above — enter such address in Schedule AWARD (To be completed by The Authority)

ACCEPTANCE AND AWARD ARE HEREBY MADE FOR THE FOLLOWING ITEM(S):

ITEM NO. QUANTITY UNIT UNIT PRICE

The total amount of this award is $

Name of Contracting Officer (Print of Type) WASHINGTON METROPOLITAN TRANSIT AUTHORITY AWARD DATE

SUPPLY AND SERVICE CONTRACT IFB: C20024

PRICE SCHEDULE CONTINUATION SHEET

Year Description Quantity Unit Price (EA) Extended Amount

Base Year 1

Rail Car Wheel

2160 $ $

Base Year 2

Option Year 1

Option Year 2

Option Year 3

10800 TOTAL BID PRICE $

Optional – with Hydraulic Assist Design Price Schedule

Year Description Quantity Unit Price (EA) Extended Amount

Base Year 1

Rail Car Wheel w/

Hydraulic Assist Port

Base Year 2

Option Year 1

Option Year 2

Option Year 3

10800 TOTAL BID PRICE $

NOTE: Contractor must provide 2 sets of pricing. One set for 28” railcar wheel without the Hydraulic Assist Port and One set with “Hydraulic Assist Port”

Pricing shall include all costs including but not limited to the following: labor, material, inflation, inspection, reports, travel, markups, overhead, profit, packaging, transportation, delivery, duties, tariffs, lodging, food, and per diem.

The Contractor shall complete entries in the columns entitled “Unit Price” and “Extended Price.” The prices shown on the Price Schedule Sheet shall constitute full compensation for all costs of performance under this contract. Price evaluation will be based on the extended price.

Authorized Signature Company Name

Date

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET

THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENTS

TO SOLICITATION IFB

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Failure to acknowledge receipt of all amendments may render the bid unacceptable.

Authorized Signature

Company Name

SOLICITATION INSTRUCTIONS

IFB SOLICITATION INSTRUCTIONS

1. INTRODUCTION

(a) The Authority seeks to award a contract to procure railcar 28" diameter multi-wear wheels for WMATA's railcar fleet. To that end, WMATA is issuing this Invitation for Bids (IFB) to solicit bids from qualified firms and individuals who can satisfy the requirements of the Contract.

(b) Since this is a low bid solicitation, award of a Contract hereunder shall be to the lowest priced (on both types of wheel), responsible bidder whose bid is responsive to, and meets all requirements of, the solicitation.

(c) The Authority contemplates award of a firm fixed price Contract. Unless otherwise specified in the Price Schedule, the Authority reserves the right to make multiple awards pursuant to this solicitation.

(d) REQUIREMENTS CONTRACT NA

(f) INDEFINITE QUANTITY This solicitation seeks to award an indefinite-quantity contract for the supplies or services specified, and effective for the period of performance stated in the Price Schedule. The quantities of supplies and/or services specified in the Price Schedule are estimates only and are not purchased by this Contract.

2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

Bidders are advised that:

(a) If “services” are to be performed pursuant to this solicitation, they must be provided in all respects as specified in the Contract and include the services to be furnished, together with any labor, materials or other work necessary for satisfactory and complete performance.

(b) If “supplies” are to be provided pursuant to this solicitation, they must be delivered in all respects as specified in the Contract and include the items to be furnished, together with any labor, service or other work necessary for satisfactory and complete performance.

(c) Contractor agrees that Project property will remain available to be used for its originally authorized purpose throughout its useful life or disposition.

3. COMMUNICATIONS WITH THE AUTHORITY

Prospective bidders are advised that any and all communications with WMATA relating to this solicitation and made by, or on behalf of, a prospective bidder at any time between release of this IFB and Contract award, must be directed to the Contract Administrator as follows: Robert Jones:

email rjones5@wmata.com; telephone 301-955-5492.

A violation of this provision, deemed willful by the Authority, may result in a determination that an offeror is not responsible, and thus ineligible for award, for purposes of this and/or future Authority solicitations.

mailto:rjones5@wmata.com

4. PREPARATION OF BIDS

(a) Bidders shall furnish all information requested by the solicitation and, in so doing, are expected to examine the IFB and all referenced documents carefully. Failure to do so will be at bidder’s risk.

(b) The bidder shall sign the solicitation and print or type its name on the Price Schedule and on each continuation sheet, if an entry has been made. Erasures or other changes must be initialed by the person signing the bid.

(c) Bidders must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the solicitation.

(d) Bidders should be aware that all prices for the work shall be deemed to include the cost of all work, labor and materials required by the Contract including, without limitation, delivery charges, insurance, bond premiums or any other expenses required by this Contract, as well as expenses associated with compliance with Federal, State or local laws or regulatory requirements. All prices are deemed to be F.O.B. Destination.

5. EXPLANATIONS TO BIDDERS

(a) Any explanation desired by a bidder regarding the meaning or interpretation of the solicitation or Contract including, without limitation, the terms and conditions, technical specifications or Scope of Work, and Contract drawings, must be requested in writing with sufficient time allowed for a reply to reach all bidders before the date that bids will be opened. Absent extraordinary circumstances, all inquiries must be transmitted in a time frame to ensure the Contracting Officer’s receipt at least ten (10) days prior to the date specified for bid opening. All such requests must be submitted via e-mail or first class mail to the Contract Administrator identified in Paragraph 3. Include the IFB number and Contract title in any correspondence.

(b) Any information that the Authority furnishes to a prospective bidder relating to this solicitation will be provided in writing to all prospective bidders in the form of an amendment if, in the Contracting Officer’s judgment, the information is necessary to the preparation and/or submittal of proposals or lack of such information would be otherwise prejudicial to other prospective bidders. Bidders must acknowledge receipt of all amendments on the form provided.

(c) Oral explanations, representations or instructions of any kind relating to the subject matter of this solicitation given at any time before award of the Contract by any employee, officer or agent of the Authority, will not be binding upon the Authority. The Authority does not assume responsibility for the accuracy of any such communication.

(d) The failure of a prospective bidder to request an explanation will serve to preclude it from claiming any ambiguity, inconsistency or error that should have been discovered by a reasonably prudent bidder.

6. PRE-PROPOSAL CONFERENCE NA

7. AMENDMENTS PRIOR TO DATE SET FOR OPENING OF BIDS

(a) The Authority reserves the right to amend any of the terms of this IFB, the proposed

Contract’s terms and conditions, the Scope of Work and/or drawings prior to the date set for the opening of bids. Copies of any such amendments as may be issued will be furnished in writing to all prospective bidders.

(b) If, in the Contracting Officer’s judgment, any amendment(s) would require material changes in bid quantities and/or price, the date set for bid opening may be postponed for such period that, in the Contracting Officer’s opinion, will enable bidders to revise their bids. In such instances, the amendment will include an announcement of the new date for bid opening.

(c) In the event of an amendment, all other terms and conditions of the solicitation shall remain unchanged.

8. ACKNOWLEDGMENT OF AMENDMENTS

Bidders are required to acknowledge receipt of all amendment(s) to the solicitation on the designated form to be submitted with their bid. Failure to acknowledge all amendments may cause the bid to be considered not responsive to the solicitation, which would require rejection of the bid.

9. PREPARATION OF BIDS

a. Bids shall be submitted on the Price Schedule furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, such erasures or changes must be initialed by the person signing the bid.

b. Bidders shall furnish all information required by this IFB and, in so doing, are expected to fully examine the IFB and all attached documents. Failure to do so will be at the bidder’s risk.

c. Discounts for prompt payment will not be considered in the evaluation of bids.

However, any offered discount will be included within the award of the Contract and the Authority will apply it, if payment is made within the discount period referenced in the bid.

d. The Price Schedule may include prices for one or more items that are unit prices, lump sum bids, alternate prices, or a combination thereof. The Price Schedule expressly requires a bid on all items. Failure to do so will render the bid nonresponsive.

e. All bid prices shall be deemed to include the cost of all work, labor and materials required by the Contract, including without limitation, delivery charges, insurance, container charges or any other expenses incidental to the work, including, but not limited to expenses associated with compliance with Federal, State or local laws or regulatory requirements. All bid prices are deemed to be F.O.B. Destination.

f. Unless specifically permitted by the Price Schedule, alternate bids will not be considered.

10. SUBMITTAL OF BIDS

a. Bids shall be enclosed in sealed envelopes and addressed to the office specified in the solicitation.

b. The face of the envelope must show the hour and date specified in the solicitation for bid opening, the solicitation number, and the bidder’s name and address. Failure to follow these instructions may result in a premature opening of, or a failure to open, a bid, for which, the Authority assumes no responsibility.

c. Facsimile bids will not be considered.

d. All bids will remain sealed until the date and time specified for the opening of bids.

11. RESPONSIVE BIDS

a. Bidders are advised that a bid that is at variance or noncompliant with any provision of this solicitation, including a qualified or conditional bid, may be rejected as non-responsive.

b. The Contracting Officer may reject a bid as nonresponsive if, in his or her judgment, the bid prices are materially unbalanced. Bid prices are materially unbalanced when they are significantly understated for one (1) or more element(s) of work and significantly overstated for other element(s) of work.

c. The Authority reserves the right to waive minor errors or omissions in a bid and to deem it responsive.

12. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS PRIOR TO BID OPENING

a. Any bid received at the office designated in the solicitation after the exact time specified for bid opening will not be considered, unless it is received before award and it:

(1) Was sent by registered or certified U.S. or Canadian mail not later than the fifth day before the date specified for receipt of bids (For example, a bid submitted in response to a solicitation stating that bid opening will be on the 20th of the month must have been mailed by the 15th);

(2) Was sent by first class mail and the Contracting Officer determines that the late receipt was due solely to the Authority’s mishandling after its timely delivery on the Authority’s premises;

(3) Was sent by U.S. Postal Service, Express Mail Next Day Service not later than

5:00 p.m. at the place of mailing at least two (2) business days prior to the date specified for opening of bids. The term “business days" excludes weekends and U.S. federal holidays; or

(4) Is the only bid received.

b. Any modification or withdrawal of a bid is subject to the same conditions as set forth in subparagraphs (a) (1) through (a) (3) above.

c. The only acceptable evidence to establish the time of the Authority’s receipt is the time/date stamp of that event on the bid wrapper or other documentary evidence of receipt maintained by the Authority.

d. Notwithstanding subparagraph (a), a late modification of any otherwise successful bid that makes its terms more favorable to the Authority will be considered at any time it is received and may be accepted.

e. Bids may be withdrawn by written notice, received by the Authority before the opening of bids. Bids may be withdrawn in person by a bidder, or its authorized representative, if the representative’s identity is established to the Contracting Officer’s satisfaction and the representative signs a receipt for the return of the bid, before the opening of bids. The attempted withdrawal of a bid, received subsequent to bid opening and during the acceptance period set forth in paragraph 12, will not be honored and will be without effect.

13. BID ACCEPTANCE PERIOD AND BIDDER’S DEFAULT

a. The acceptance period for this solicitation is ninety (90) calendar days.

b. By submission of its bid, the bidder agrees that it shall be irrevocable and shall remain available to WMATA to award a Contract pursuant to this solicitation for not less than the acceptance period. The bidder’s failure to furnish required documents and/or to execute a Contract from WMATA in accordance with its bid, during the acceptance period shall constitute a bidder’s default.

c. In the event of a bidder’s default, the bidder shall be liable to WMATA for all associated damages and costs, including without limitation, WMATA’s “cost to cover.” The “cost to cover” is the difference between the bid price and the price WMATA ultimately pays for the work encompassed in this solicitation, whether through award of a Contract to another bidder, pursuant to this solicitation or otherwise.

14. BID GUARANTEE NA

15. BID MISTAKE

a. A bidder who seeks to withdraw its bid subsequent to bid opening due to a claimed mistake or error in its preparation shall notify the Contracting Officer, in writing, immediately upon realizing the mistake, but not later than three (3) business days following bid opening. Such notification must set forth the details of, and explanation for, the claimed mistake. The Contracting Officer shall evaluate the claimed mistake and determine whether the bidder will be permitted to withdraw its bid.

b. In the event of an apparent discrepancy between any unit price and its associated extended price, the unit price will be presumed to be correct. The Contracting Officer may award a Contract to an otherwise low bidder based upon the unit price, subject to the additional terms of this article.

c. A bidder claiming a mistake shall, at the Contracting Officer’s request, appear before one (1) or more designated Authority representative(s) to provide testimony and/or documentation that may include the bidder’s computation sheets and calculations, to assist in the Authority’s determination.

d. Nothing contained herein shall preclude the Contracting Officer from allowing a bidder to cure a deficiency in an otherwise responsive bid where he or she determines that such deficiency is in the nature of a minor informality or irregularity.

16. REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

All bidders shall check or complete all applicable boxes or blocks, and provide all requested information, and signatures on the attached "Representations and Certifications" form.

Bidders are reminded of the obligation to fully and faithfully complete the accompanying “Representations and Certifications” form that must be submitted with its bid. Failure to do so may result in the bid being rejected as nonresponsive.

17. LAWS AND REGULATIONS

Bidders are responsible for complying with any and all applicable State of Maryland, Commonwealth of Virginia, District of Columbia, and Federal laws and regulations governing the services to be provided under this Contract. Further, the successful bidder shall be responsible to obtain, at its own cost and expense, any and all licenses/permits required to transact business in any political jurisdictions where work will be performed.

18. ROYALTY INFORMATION NA

19. REQUIREMENT FOR COST DATA FOR CONTRACT AWARD

The Authority may require the apparent low bidder to submit cost data in sufficient detail to permit analysis of the cost elements that comprise the bid prices. In such instances, the apparent low bid may, at the discretion of the Authority, be subject to audit.

20. PRE-AWARD INFORMATION/BIDDER RESPONSIBILITY

(a) In order to be eligible for award of a Contract, a bidder must affirmatively demonstrate to the Contracting Officer’s satisfaction that it is responsible for purposes of this solicitation.

Such demonstration must include a showing that it maintains the requisite integrity, overall technical expertise and experience, (including prior performance on other Authority contracts or contracts with other government agencies), and sufficient financial resources to perform the Contract in a timely, satisfactory and appropriate manner. Failure to so demonstrate may result in rejection of the low bidder as not responsible. In such event, the second lowest bidder will be required to demonstrate its responsibility. This process will continue until a bidder successfully demonstrates that it is responsible for purposes of Contract award.

(b) The Contracting Officer may conduct a pre-award survey and/or take other actions to obtain information regarding the apparent low bidder’s responsibility. The apparent low bidder shall promptly supply information that the Contracting Officer requests regarding its responsibility, in such manner and form as he or she requests.

(c) Among other items, the apparent low bidder shall furnish the following when the

Contracting Officer requests:

(1) A completed and signed “Pre-Award Evaluation Data” form (copy attached), including all referenced financial statements and information;

(2) Evidence of good standing in the System for Award Management (SAM) at www.sam.gov.

(3) Disadvantaged Business Enterprise data as set forth in Appendix B. The submittal of certain items and request for waiver (if applicable) are required if the bid is $150,000 or greater. Failure to submit forms B-12, B-13, and/or to request waivers (if applicable) may cause the bid to be rejected. A bidder’s failure to supply this information or otherwise fully cooperate with the Authority’s inquiry may result in a determination that the bidder is not responsible for purposes of this solicitation and thereby ineligible for award.

21. PRE-AWARD RESPONSIBILITY MEETING

The Authority reserves the right to require that a pre-award meeting be held with the apparent low bidder prior to Contract award in order to further assist the Authority in determining the bidder’s responsibility for purposes of award.

22. SITE VISIT/INSPECTION OFFEROR’S FACILITIES

http://www.sam.gov/

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A successful bidder must provide and maintain sufficient facilities that will allow WMATA personnel to adequately perform contract functions as specified herewith. WMATA may make site visits prior to contract award to examine the contractor’s facilities. This will include the need to verify that proper equipment, supplies, etc. are readily available. Facilities(s) must demonstrate that Offeror has the capability to perform the work described in the Scope of Services.

23. BASIS FOR CONTRACT AWARD

a. Award(s) of this Contract will be made based solely on the lowest price as stated in the Price Schedule, to the bidder(s) (i) whose bid is judged to be responsive to the terms of the solicitation and (ii) who demonstrates to the Contracting Officer’s satisfaction that it is responsible for purposes of award of this Contract.

b. Unless otherwise expressly specified in the Price Schedule, the Authority may make multiple awards as a result of this solicitation.

c. The Authority reserves the right to reject all bids and cancel this solicitation at any time prior to award.

d. A written award notice mailed or otherwise furnished to the successful bidder within the acceptance period shall result in a binding contract without further action by either party.

24. EQUAL EMPLOYMENT OPPORTUNITY

In order to be eligible for award of a Contract pursuant to this solicitation, the apparent low bidder will be required to comply with all applicable Equal Employment Opportunity laws and regulations.

25. PERFORMANCE/PAYMENT BONDS NA

26. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS

Attached as part of this solicitation are documents outlining the requirements for the Disadvantaged Business Enterprise (DBE) Program: The DBE requirement/goal for this Contract is 2% unless a good faith waiver is requested and approved.

(a) If the proposal is over $150,000, in order for the offeror to be considered responsible, the following documents (See Appendix B) shall be completed and submitted with the bid:

Schedule of DBE Participation

Letter of Intent to Perform as Subcontractor/Joint Venturer (If applicable)

DBE Unavailability Certification (Where applicable)

Written request for waiver, when DBE participation is less than stated percentage.

The provisions of Appendix B (if attached) do not become applicable and forms do not have to be completed, unless the total bid price is $150,000 or more. If the bid is $150,000 or more and any portion of the submittal requirement is omitted, then the bid may be found to be unacceptable and subsequently rejected. Appendix B forms and/or waivers must be completed with great care by each bidder to ensure that its bid is acceptable.

27. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO BID

The Washington Metropolitan Area Transit Authority hereby notifies all prospective bidders that it will affirmatively ensure that disadvantaged minority business enterprises will be afforded full opportunity to submit bids in response to this solicitation and will not be discriminated against on the basis of race, color, creed, sex, religion, national origin, disability, sexual preference and/or gender identity in consideration for award.

28. NOTICE OF PROTEST POLICY

(a) The Authority’s procedure for the administrative resolution of protests is set forth in

Chapter 17 of WMATA’s Procurement Procedures Manual (PPM). The procedures contain strict rules for filing a timely protest, for responding to a notice that a protest has been filed, and other procedural matters.

(b) The basis on which FTA will review a grantee’s protest decision is defined in §17-8.

FTA will generally exercise discretionary jurisdiction over cases deemed to involve issues important to the overall third party contracting program. FTA’s decision to decline jurisdiction over a protest does not imply approval of or agreement with the agency’s decision or that FTA has determined that this Contract is eligible for Federal participation.

(c) Alleged violations must be submitted to the Contracting Officer who will administratively decide the protest.

(d) The United States District Courts for the Districts of Maryland, Virginia and the District of Columbia, and the local courts in Maryland, Virginia and the District of Columbia have jurisdiction over court actions concerning protest decisions.

29. WMATA’S TAX EXEMPT STATUS

(a) Pursuant to Section 78 of the WMATA Compact, as adopted by the District of Columbia (D.C. Official Code § 9-1107.01 et seq.), the State of Maryland (Md. Transportation Code §10-204), and the Commonwealth of Virginia (Code of Virginia § 33.2-3100 et seq.) and consented to by the U.S. Congress in Pub. L. 89-774, 80 Stat. 1324 as amended, WMATA has been accorded exemption from taxes as follows:

“The Authority and the Board shall not be required to pay taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision, or upon its activities in the operation and maintenance of any transit facility or upon any revenues therefrom, and the property and income derived therefrom shall be exempted from all Federal, State, District of Columbia, municipal, and local taxation. This exemption shall include without limitation, all motor vehicle license fees, sales taxes and motor fuel taxes.”

(b) WMATA shall not be required to pay late charges, interest, fines or penalties or any other form of pre-judgment.

(c) By submission of its proposal, the offeror certifies that none of the taxes that the Authority is exempt from are included in its bid or cost proposal.

(d) WMATA shall not be responsible for social security taxes, other employment taxes, income tax, gross receipts taxes or franchise taxes imposed on the contractor.

(e) The contractor shall notify the Contracting Officer within in 30 days of discovery of, or within

30 days of when an event should have been discovered, of matters that may result in either an increase or decrease in the Contract price under this clause and shall take action as the Contracting Officer directs. WMATA shall be entitled to a reduction in the Contract price reflecting such amount and a refund of monies paid related to such taxes, plus applicable interest.

30. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

With respect to both this solicitation and the resultant Contract:

(a) All communications (oral, written, electronic and otherwise including but, not limited to, software coding) shall be in the English language.

(b) All pricing shall be in United States dollars.

31. BRAND NAME OR EQUAL NA

32. REQUESTS FOR RECORDS

The Washington Metropolitan Area Transit Authority (WMATA), in the regular course of business, may receive from the public, including prospective vendors and bidders, requests for records on a variety of topics. It is WMATA’s policy to make official agency records, including electronic records, available to the public, unless specifically prohibited by WMATA’s policy or applicable laws.

(a) “Records” means any existing writings, drawings, maps, recordings, tapes, film, microfilm, correspondence, forms, cards, photographs, optical disks, photo copies, and records stored by computer (electronic records) that are made or received by WMATA in connection with a public contract. A record does not include uncirculated personal notes, papers, electronic records and any other records that were created and retained solely as work papers for personal use of the Contracting Officer, Contract Administrator or other WMATA employee.

(b) WMATA’s contracting process allows for the release/posting of certain information concerning this Contract after its award. This includes the name of the successful bidder and the amount of the award. This information is available on WMATA’s website under “Business with Metro” or directly from the Contract Administrator.

(c) Upon WMATA’s request, the successful bidder shall be required to provide a redacted copy of its bid with confidential and proprietary information redacted.

(d) After the award is announced, the winning proposal may be subject to release under

WMATA’s Public Access to Records Policy (PARP).

(e) When WMATA determines that a bid will be of wide public interest, WMATA will post the redacted bid on its website. When WMATA receives three (3) or more requests for a successful bid, WMATA will post it on its website.

(f) Requests for Records that are not made available during the procurement process will be submitted in accordance with the PARP. Requests must be in writing and sent by mail to the Office of General Counsel, Washington Metropolitan Area Transit Authority, 600 Fifth Street, NW, Washington, D.C. 20001, or by electronic mail at parpprivreq@wmata.com or by facsimile to the attention of the PARP Administrator at (202) 962-2550. If a request for records is sent directly from the requestor to a Contract Administrator, department, or independent office, that entity shall immediately forward the request to the PARP Administrator in the Office of General Counsel. If records are subject to a PARP request, a member of the PARP team will contact the company to begin the PARP document review process, which includes providing detailed written justifications for any information for which exemptions are claimed.

(g) Neither WMATA’s bidding process nor the PARP process generally allow for the release of information that would cause competitive harm to the bidders, other organizations, WMATA’s employees, or interests. Information that will be withheld includes the following:

(1) The names of unsuccessful bidders;

(2) The bids of unsuccessful bidders;

(3) Personal information (this does not include education and qualifications which are released) about the successful bidder or its employees that is not available to the public on the website of the successful bidder;

(4) Unit price details of the successful bid (this does not include the bottom line price, which is released);

(5) The names of the vendors who file a protest to the solicitation or its award;

(6) The written adjudication of any protests;

(7) Personal information concerning WMATA’s employees; and

(8) Trade secrets and confidential commercial or financial information obtained from a bidder.

(h) If your company’s records are subject to a PARP request (i.e., if it is the successful bidder), a broad claim of confidentiality for the entire bid is rarely acceptable, and will likely be rejected during the PARP process. Therefore, WMATA suggests that you narrowly identify your confidential/proprietary information based on the following guidance:

(i) Information that may be withheld/redacted: Detailed pricing except bottom line offer amounts;

(j) Public information subject to release:

(1) Any information on your company’s website;

(2) Publicly known information (even if not on your company’s website);

Rev. 04/19

(3) General company background;

(4) Mere compliance with IFB requirements; and

(5) Anything standard to the industry.

REPRESENTATIONS & CERTIFICATIONS

Instructions: Check or complete all applicable boxes or blocks on this form and submit it with your offer.

1. TYPE OF BUSINESS ORGANIZATION

By submission of this offer, the offeror represents that it operates as [ ] an individual, [ ] a partnership, [ ] a limited liability company, [ ] a joint venture, [ ] a nonprofit organization, or [ ] a corporation, incorporated under the laws of the State of _________________.

Name Signature

Title

Company

2. AFFILIATION AND IDENTIFYING DATA

Each offeror shall complete 2.1, 2.2 if applicable, and 2.3 below, representing that:

2.1 It [ ] is, [ ] is not, owned or controlled by a parent company. For this purpose, a parent company is defined as one that either owns or controls the activities and basic business policies of the offeror. To own another company, means that the parent company must own at least a majority, i.e., more than fifty percent (50%), of the voting rights in that company. To control another company, such ownership is not required. If another company is able to formulate, determine or veto the offeror’s basic business policy decisions, such other company is considered the parent of the offeror. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, Contractual arrangements or otherwise.

2.2 If the offeror is owned or controlled by a parent company, it shall insert in the space below the name and main office address of the parent company:

Name of Parent Company

Main Office Address (including ZIP Code)

2.3 If the offeror has no parent company, it shall provide in the applicable space below its own employer's identification number (E.I.N.), (i.e., number used on Federal tax returns or, if it has a parent company, the E.I. N. of its parent company).

Offeror E.I. N.: ____________ or, Parent Company's E.I. N.: ______

3. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

This representation is applicable to federally assisted contracts. By submission of this offer, the offeror represents that:

3.1 It [ ] has, [ ] has not, participated in a previous contract or subcontract subject to either the

Equal Opportunity Clause of this solicitation, or the clause contained in Parts II and IV of Executive Order 11246, as amended; that prohibits discrimination on the basis of race, color, creed, national origin, sex, age; and

3.2 It [ ] has, [ ] has not, filed all required compliance reports; and

3.3 Representations indicating submittal of required compliance reports signed by proposed subcontractors will be obtained prior to subcontract awards.

4. DISADVANTAGED BUSINESS ENTERPRISE

This representation is applicable to federally assisted contracts. By submission of this offer, the offeror represents that:

4.1 It [ ] is, [ ] is not, a disadvantaged business enterprise.

"Disadvantaged Business Enterprise" means a for-profit small business concern that is at least fifty one percent (51%) owned by one or more individuals who are both socially and economically disadvantaged individuals or, in the case of a corporation, in which fifty one percent (51%) of the stock is owned by one or more such individuals; and whose management and daily business operations are controlled by one or more socially and economically disadvantaged individuals who own it.

"Socially and Economically Disadvantaged Individual" is defined in Appendix B. Notice of Requirements for Disadvantaged Business Enterprise (DBE). By submission of this offer, the offeror represents that:

4.2 It [ ] is, [ ] is not, currently certified by Metropolitan Washington Unified Certification Program

(MWUCP) as a disadvantaged business enterprise.

4.3 Special Certification Requirements for Transit Vehicle Manufacturers. Each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA funded transit vehicle procurements, must certify that it has complied with the DBE requirements of 49 C.F.R. Part 26.

The offeror represents that it [ ] is or [ ] is not a transit vehicle manufacturer and [ ] has or [ ] has not complied with the DBE requirements of 49 C.F.R Part 26.

Rev. 04/19

5. SMALL BUSINESS ENTERPRISE (MAY 2015)

“Small Business Enterprise” means a for profit small business concern that is at least fifty one percent (51%) owned by one (1) or more individual(s) who are economically disadvantaged. “Economically Disadvantaged Individual” is defined in Appendix B-1, Definitions, in Notice of Requirements for Small Business Enterprise (SBE) Program.

5.1 It [ ] is, [ ] is not, a small business enterprise. A firm must be a small business as defined by the U.S. Small Business Administration (SBA) by applying current SBA business size standards found in 13 C.F.R. Part 121 that are applicable to the type of work the firm seeks to perform in USDOT assisted contracts. The fifty one percent (51%) owner must be a U.S. citizen or permanent resident. A firm must be organized for profit in order to be eligible for SBE certification. The firm’s average gross receipts cannot exceed the overall USDOT size standard for a small business [$23.98 million averaged over the three (3) previous fiscal years or part of year that the business has been in existence.] Set forth in 49 C.F.R. § 26.65, at least fifty one percent (51%) of the firm’s ownership must be held by individuals who meet the personal net worth (PNW) cap of $1.32 million as prescribed by 49 C.F.R. § 26.67.

5.2 It [ ] is, [ ] is not, currently certified by WMATA as a small business enterprise.

6. AFFIRMATIVE ACTION COMPLIANCE

This representation is applicable to federally assisted contracts of $50,000 or more that are awarded to contractors with fifty (50) or more employees. By submission of this offer, the offeror represents that:

6.1 It has a workforce of employees.

6.2 It [ ] has developed and has on file, or [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 C.F.R. §§ 60.1 and 60.2), or

6.3 It [ ] has not previously had contracts subject to the written affirmative action program requirements of the rules and regulations of the U.S. Secretary of Labor.

7. COVENANT AGAINST GRATUITIES

By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

Rev. 04/19

Neither it nor any of its employees, representatives or agents have offered or given gratuities (in the form of entertainment, gifts or otherwise) to any Board member, employee or agent of the Authority with the view toward securing favorable treatment in the awarding, or administration of this Contract.

8. CONTINGENT FEES

By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto

8.1 It [ ] has, [ ] has not, employed or retained any company or persons (other than a full-time, bona fide employee working solely for the offeror) to solicit or secure this Contract, and

8.2 It [ ] has, [ ] has not, paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the offeror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this Contract.

9. CLEAN AIR ACT AND CLEAN WATER ACT CERTIFICATION

This certification is applicable if the Contract will be federally assisted and the offer exceeds $150,000, or the Contracting Officer believes that orders under an indefinite type Contract in any year will exceed $150,000 or a facility to be used has been the subject of a conviction under the Clean Air Act [42 U.S.C.

§ 7413(c)(1)] or the Clean Water Act [33…