SHARE_IFB0000012_0.00_Amend_001.xml

1495425 1342097 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 0 0 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 561975 1476375 0 0 1147445 106680 Invitation For Bids (Non-Federal) IFB No . : CQ19118 Restraining Rail Components (CTRST19043) Reference - 0000006557 (Supplier Portal Event#) NAICS CODE (s) : 336-51; 331-12 Date: November 21 , 2018 PRE BID : NO PRE-BID WILL BE HELD BID OPENIN G DATE: December 28 , 2018 January 9, 2019 @ 2:00 PM LAST DAY FOR QUESTIONS: December 12 , 2018 For any questions or help related to supplier portal, please send an email to CLM@wmata.com 0 0 Invitation For Bids (Non-Federal) IFB No . : CQ19118 Restraining Rail Components (CTRST19043) Reference - 0000006557 (Supplier Portal Event#) NAICS CODE (s) : 336-51; 331-12 Date: November 21 , 2018 PRE BID : NO PRE-BID WILL BE HELD BID OPENIN G DATE: December 28 , 2018 January 9, 2019 @ 2:00 PM LAST DAY FOR QUESTIONS: December 12 , 2018 For any questions or help related to supplier portal, please send an email to CLM@wmata.com Table of Contents TOC \o "1-3" \h \z \u NOTICE TO ALL VENDORS PAGEREF _Toc531336041 \h 8 SUBMITTAL OF BIDS PAGEREF _Toc531336042 \h 8 SOLICITATION, OFFER AND AWARD PAGEREF _Toc531336043 \h 12 PRICE SCHEDULE CONTINUATION SHEET PAGEREF _Toc531336044 \h 13 IFB SOLICITATION INSTRUCTIONS PAGEREF _Toc531336045 \h 16 1. INTRODUCTION PAGEREF _Toc531336046 \h 16 2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED PAGEREF _Toc531336047 \h 16 3. COMMUNICATIONS WITH THE AUTHORITY PAGEREF _Toc531336048 \h 16 4. Preparation OF BIDS PAGEREF _Toc531336049 \h 16 5. Explanations To BIDDERS PAGEREF _Toc531336050 \h 17 6. Pre-BID Conference PAGEREF _Toc531336051 \h 17 7. AMENDMENTS prior to date set for OPENING of BIDS PAGEREF _Toc531336052 \h 17 8. Acknowledgment of Amendments PAGEREF _Toc531336053 \h 18 9. PREPARATION OF BIDS PAGEREF _Toc531336054 \h 18 10. SUBMITTAL OF BIDS PAGEREF _Toc531336055 \h 18 BIDS, REPS & CERTS SHALL BE SUBMITTED BY 01/09/19 AT 2:00 PM PAGEREF _Toc531336056 \h 18 11. RESPONSIVE BIDS PAGEREF _Toc531336057 \h 18 12. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS PRIOR TO BID OPENING PAGEREF _Toc531336058 \h 19 13. BID ACCEPTANCE PERIOD AND BIDDER'S DEFAULT PAGEREF _Toc531336059 \h 20 14. BID GUARANTEE PAGEREF _Toc531336060 \h 20 15. BID MISTAKE PAGEREF _Toc531336061 \h 20 16. REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS PAGEREF _Toc531336062 \h 20 17. LAWS AND REGULATIONS PAGEREF _Toc531336063 \h 21 18. ROYALTY INFORMATION PAGEREF _Toc531336064 \h 21 19. REQUIREMENT FOR COST DATA FOR CONTRACT AWARD PAGEREF _Toc531336065 \h 21 20. Pre-Award Information/BIDDER RESPONSIBILITY PAGEREF _Toc531336066 \h 21 21. PRE-AWARD RESPONSIBILITY MEETING PAGEREF _Toc531336067 \h 22 22. SITE VISIT/INSPECTION OFFEROR'S FACILITIES PAGEREF _Toc531336068 \h 22 23. BASIS FOR Contract Award PAGEREF _Toc531336069 \h 22 24. EQUAL EMPLOYMENT OPPORTUNITY PAGEREF _Toc531336070 \h 22 25. PERFORMANCE/PAYMENT bonds PAGEREF _Toc531336071 \h 23 26. OPPORTUNITY FOR SMALL AND LOCAL BUSINESS ENTERPRISES TO BID PAGEREF _Toc531336072 \h 23 27. Opportunity for Disadvantaged Business Enterprises to BID PAGEREF _Toc531336073 \h 23 28. NOTICE OF PROTEST POLICY PAGEREF _Toc531336074 \h 23 29. WMATA'S TAX EXEMPT STATUS PAGEREF _Toc531336075 \h 23 30. English Language and United States Currency PAGEREF _Toc531336076 \h 24 31. Brand Name or Equal PAGEREF _Toc531336077 \h 24 REPRESENTATIONS & CERTIFICATIONS PAGEREF _Toc531336078 \h 27 Instructions: Check or complete all applicable boxes or blocks on this form and submit it with your offer. PAGEREF _Toc531336079 \h 27 1. TYPE OF BUSINESS ORGANIZATION PAGEREF _Toc531336080 \h 27 2. AFFILIATION AND IDENTIFYING DATA PAGEREF _Toc531336081 \h 27 3. SMALL BUSINESS & LOCAL PREFERENCE PROGRAM (SBLPP) PAGEREF _Toc531336082 \h 28 4. COVENANT AGAINST GRATUITIES PAGEREF _Toc531336083 \h 28 5. CONTINGENT FEES PAGEREF _Toc531336084 \h 28 6. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION PAGEREF _Toc531336085 \h 30 7. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION PAGEREF _Toc531336086 \h 31 8. NONDISCRIMINATION ASSURANCE PAGEREF _Toc531336087 \h 31 9. DISCLOSURES OF INTERESTS OF WMATA BOARD MEMBERS PAGEREF _Toc531336088 \h 32 10. CRIMINAL BACKGROUND SCREENING CERTIFICATION (QUARTERLY) PAGEREF _Toc531336089 \h 33 11. CERTIFICATION REQUIRED FOR ALL SAFETY-SENSITIVE 1 CONTRACTS PAGEREF _Toc531336090 \h 33 PRE-AWARD EVALUATION DATA PAGEREF _Toc531336091 \h 35 TERMS AND CONDITIONS PAGEREF _Toc531336092 \h 37 CHAPTER I -- TERMS AND CONDITIONS PAGEREF _Toc531336093 \h 38 1. AGREEMENT PAGEREF _Toc531336094 \h 38 2. ARRANGEMENT OF CONTRACTUAL PROVISIONS PAGEREF _Toc531336095 \h 38 3. ORDER OF PRECEDENCE PAGEREF _Toc531336096 \h 38 4. REQUIREMENTS CONTRACT PAGEREF _Toc531336097 \h 38 5. INDEFINITE QUANTITY CONTRACT PAGEREF _Toc531336098 \h 38 N/A PAGEREF _Toc531336099 \h 38 6. ORDERING PAGEREF _Toc531336100 \h 39 7. ORDER LIMITATIONS PAGEREF _Toc531336101 \h 39 8. AUDIT, AVAILABILITY, AND INSPECTION OF RECORDS PAGEREF _Toc531336102 \h 39 9. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR PAGEREF _Toc531336103 \h 39 10. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) PAGEREF _Toc531336104 \h 40 CHAPTER II -- TIME/DELAYS/LIQUIDATED DAMAGES PAGEREF _Toc531336105 \h 42 1. PERIOD OF PERFORMANCE PAGEREF _Toc531336106 \h 42 2. OPTIONS- EVALUATION PAGEREF _Toc531336107 \h 42 3. OPTIONS- EXERCISE PAGEREF _Toc531336108 \h 42 4. OPTION FOR INCREASED OR DECREASED QUANTITIES OF SUPPLIES PAGEREF _Toc531336109 \h 43 5. OPTIONS TO EXTEND SERVICES PAGEREF _Toc531336110 \h 43 6. OPTION TO EXTEND THE TERM OF THE CONTRACT PAGEREF _Toc531336111 \h 43 7. OPTIONS EXERCISED OUT OF SEQUENCE PAGEREF _Toc531336112 \h 44 8. LIQUIDATED DAMAGES FOR DELAY PAGEREF _Toc531336113 \h 44 9. EXTENSIONS OF TIME/FORCE MAJEURE PAGEREF _Toc531336114 \h 44 10. THE AUTHORITY'S DELAY PAGEREF _Toc531336115 \h 45 11. NOTICE TO THE AUTHORITY OF LABOR DISPUTES PAGEREF _Toc531336116 \h 46 12. NOTIFICATION OF BANKRUPTCY OR INSOLVENCY PAGEREF _Toc531336117 \h 46 CHAPTER III -- ACCEPTANCE/INSPECTIONS/DEFICIENCIES PAGEREF _Toc531336118 \h 47 1. INSPECTION OF SERVICES PAGEREF _Toc531336119 \h 47 2. INSPECTION OF SUPPLIES PAGEREF _Toc531336120 \h 47 3. ACCEPTANCE OF SUPPLIES PAGEREF _Toc531336121 \h 48 4. NEW MATERIAL [SUPPLIES] PAGEREF _Toc531336122 \h 48 5. WARRANTY OF SUPPLIES PAGEREF _Toc531336123 \h 49 6. WARRANTY OF SERVICES PAGEREF _Toc531336124 \h 49 7. CORRECTION OF DEFICIENCIES PAGEREF _Toc531336125 \h 50 8. FIRST ARTICLE INSPECTION PAGEREF _Toc531336126 \h 50 N/A PAGEREF _Toc531336127 \h 50 9. F.O.B. DESTINATION PAGEREF _Toc531336128 \h 50 10. QUALITY ASSURANCE/QUALITY CONTROL PAGEREF _Toc531336129 \h 51 CHAPTER IV--CHANGES/ PRICING ADJUSTMENTS PAGEREF _Toc531336130 \h 52 1. CHANGE ORDERS PAGEREF _Toc531336131 \h 52 2. PRICING OF ADJUSTMENTS PAGEREF _Toc531336132 \h 53 3. ACCOUNTING AND RECORD KEEPING FOR ADJUSTMENTS PAGEREF _Toc531336133 \h 53 CHAPTER V -- INVOICES/PAYMENTS/ DEDUCTIONS PAGEREF _Toc531336134 \h 55 1. BILLING AND PAYMENT PAGEREF _Toc531336135 \h 55 2. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA -- MODIFICATIONS PAGEREF _Toc531336136 \h 55 3. SUBCONTRACTOR PAYMENTS PAGEREF _Toc531336137 \h 56 4. GARNISHMENT OF PAYMENTS PAGEREF _Toc531336138 \h 56 CHAPTER VI -- CONTRACT TERMINATION/STOP WORK ORDERS/DISPUTES PAGEREF _Toc531336139 \h 57 1. STOP WORK ORDERS PAGEREF _Toc531336140 \h 57 2. TERMINATION FOR DEFAULT PAGEREF _Toc531336141 \h 57 3. TERMINATION FOR CONVENIENCE PAGEREF _Toc531336142 \h 58 4. ASSIGNMENT PAGEREF _Toc531336143 \h 61 5. DISPUTES PAGEREF _Toc531336144 \h 65 CHAPTER VII -- INDEMNIFICATION/INSURANCE/RISK OF LOSS PAGEREF _Toc531336145 \h 66 1. INDEMNIFICATION PAGEREF _Toc531336146 \h 66 2. INSURANCE REQUIREMENTS PAGEREF _Toc531336147 \h 66 3. TITLE AND RISK OF LOSS PAGEREF _Toc531336148 \h 66 4. INAPPLICABILITY OF CLAUSES REQUIRING UNAUTHORIZED OBLIGATIONS PAGEREF _Toc531336149 \h 67 CHAPTER VIII -- INTELLECTUAL PROPERTY RIGHTS PAGEREF _Toc531336150 \h 68 1. PATENT INDEMNITY PAGEREF _Toc531336151 \h 68 2. SET-OFF PAGEREF _Toc531336152 \h 68 3. RIGHTS IN TECHNICAL DATA -- LIMITED PAGEREF _Toc531336153 \h 68 N/A PAGEREF _Toc531336154 \h 68 4. RIGHTS IN TECHNICAL DATA -- UNLIMITED PAGEREF _Toc531336155 \h 68 5. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT [SUPPLIES] PAGEREF _Toc531336156 \h 70 CHAPTER IX -- ADDITIONAL COVENANTS/LEGAL REQUIREMENTS PAGEREF _Toc531336157 \h 71 1. NONDISCRIMINATION ASSURANCE PAGEREF _Toc531336158 \h 71 2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME COMPENSATION PAGEREF _Toc531336159 \h 72 3. WALSH-HEALEY PUBLIC CONTRACTS ACT PAGEREF _Toc531336160 \h 72 4. DAVIS-BACON ACT PAGEREF _Toc531336161 \h 73 5. COPELAND ANTI-KICKBACK ACT -- FTA PAGEREF _Toc531336162 \h 73 6. CONVICT LABOR PAGEREF _Toc531336163 \h 73 7. COVENANT AGAINST CONTINGENT FEES PAGEREF _Toc531336164 \h 74 8. SEAT BELT USE POLICY PAGEREF _Toc531336165 \h 74 9. SENSITIVE SECURITY INFORMATION PAGEREF _Toc531336166 \h 74 10. LAWS AND REGULATIONS PAGEREF _Toc531336167 \h 74 11. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA PAGEREF _Toc531336168 \h 74 12. LIVING WAGE PAGEREF _Toc531336169 \h 75 N/A PAGEREF _Toc531336170 \h 75 13. METRIC SYSTEM PAGEREF _Toc531336171 \h 75 14. MANDATORY DISCLOSURE PAGEREF _Toc531336172 \h 75 15 . WHISTLEBLOWER PROTECTION -- NON-FEDERAL PAGEREF _Toc531336173 \h 76 16. WORKPLACE VIOLENCE/ZERO TOLERANCE PAGEREF _Toc531336174 \h 77 17. DRUG AND ALCOHOL TESTING (FOR SAFETY SENSITIVE FUNCTIONS ONLY) PAGEREF _Toc531336175 \h 77 18. EMPLOYMENT RESTRICTION WARRANTY PAGEREF _Toc531336176 \h 78 19. GRATUITIES PAGEREF _Toc531336177 \h 78 20. OFFICIALS NOT TO BENEFIT PAGEREF _Toc531336178 \h 79 21. ORGANIZATIONAL CONFLICTS OF INTEREST PAGEREF _Toc531336179 \h 79 22. CONTRACTOR PERSONNEL PAGEREF _Toc531336180 \h 80 23. FALSE STATEMENTS, CLAIMS OR SUBMISSIONS PAGEREF _Toc531336181 \h 80 CHAPTER X -- MISCELLANEOUS ADDITIONAL PROVISIONS PAGEREF _Toc531336182 \h 82 1. FEDERAL, STATE, AND LOCAL TAXES PAGEREF _Toc531336183 \h 82 2. PUBLIC COMMUNICATION PAGEREF _Toc531336184 \h 82 3. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE PAGEREF _Toc531336185 \h 82 4. SEVERABILITY PAGEREF _Toc531336186 \h 83 5. SURVIVAL PAGEREF _Toc531336187 \h 83 CHAPTER XI -- ADDITIONAL PROVISIONS PAGEREF _Toc531336188 \h 84 1. AMERICANS WITH DISABILITIES ACT ACCESSIBILITY PAGEREF _Toc531336189 \h 84 2. RETAINAGE PAGEREF _Toc531336190 \h 84 3. GOVERNMENT-WIDE DEBARMENT OR SUSPENSION PAGEREF _Toc531336191 \h 84 4. False Statements or Claims Civil and Criminal Fraud PAGEREF _Toc531336192 \h 85 5. PROGRESS PAYMENTS PAGEREF _Toc531336193 \h 85 6. BONDING FOR CONSTRUCTION PROJECTS EXCEEDING $150,000 PAGEREF _Toc531336194 \h 85 7. BONDING REQUIREMENTS- GENERAL PAGEREF _Toc531336195 \h 86 CHAPTER XII-WMATA POLICIES PAGEREF _Toc531336196 \h 89 1. SAFETY REQUIREMENTS PAGEREF _Toc531336197 \h 89 2. PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECK REQUIREMENT PAGEREF _Toc531336198 \h 90 3. WORKPLACE VIOLENCE/ZERO TOLERANCE PAGEREF _Toc531336199 \h 90 Mid-Atlantic Cooperative Rider Clause PAGEREF _Toc531336200 \h 91 BOND FORMS PAGEREF _Toc531336201 \h 92 IFB CQ19118 PAGEREF _Toc531336202 \h 98 TECHNICAL SPECIFICATIONS- SCOPE OF WORK PAGEREF _Toc531336203 \h 98 FOR PAGEREF _Toc531336204 \h 98 RESTRAINING RAIL COMPONENTS PAGEREF _Toc531336205 \h 98 Combined Glossary of Definitions PAGEREF _Toc531336206 \h 101 Date: November 21 , 2018 SUBJECT: IFB No. CQ19118 Restraining Rail Components (CTRST19043) Reference - 0000006557(Supplier Portal Event#) Dear Sir/Madam: The Washington Metropolitan Area Transit Authority (WMATA) is seeking bids from qualified contractor to provide Restraining Rail Components for WMATA’s Office of Track & Structures. The Restraining Rail Components will be delivered to Washington Metropolitan Area Transit Authority, TRST Department/Industrial Road Material Storage Facility, 6851 Industrial Road, Springfield, VA 22151 NOTE---THIS IS NOT A FEDERALLY FUNDED SOLICITATION. This IFB contains a 0% 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 December 28, 2018 January 9, 2019 . If you have any technical, contractual, or administrative questions, please e-mail them to lspollitt@wmata.com no later than close of business, December 12, 2018. WMATA will provide written answers by e-mail to all those who obtain the IFB and provide their e-mail addresses. 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 C (if applicable) Sincerely, Christopher Stewart Contracting Officer Office of Procurement and Materials Enclosure: NOTICE TO ALL VENDORS Please be advised that all vendors and contractors who seek or currently 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 request your company’s User ID and Password at http://www.wmata.com Forgot User Id/Password : Go to the WMATA supplier Portal Home login page, click on the link “I Forgot my password” link At: https://www.wmata.com/business/procurement/upload/Guide-to-Reset-Password_ver3.pdf 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 access the WMATA’s Supplier Portal and bid on eProcurement electronic solicitations. Ability to sign up for electronic payment option; and Ability to electronically reset user id and password. Once registered in the Supplier Portal, Supplier/Vendor will find the Supplier Portal a convenient way to access active solicitations, submit bids/Proposals/Quotes, review Purchase Order (PO) transactions, Acknowledge PO's, provide advance shipment notices, review payments and manage vendor contact information. The Supplier Portal is designed to conduct business transactions in a secure self-service environment through an internet-based portal for current and potential suppliers. The Supplier Portal will be the single source for all WMATA advertised solicitations and bid submittal on all electronic bids. Any questions regarding the WMATA Vendor Registration System or the Supplier Portal may be sent to clm@wmata.com . SUBMITTAL OF BIDS Bid responses for this solicitation, referencing IFB CQ19118 and the system generated event number 000000655 7. Please pay special attention to the solicitation requirements for submitting your response. Bids may be submitted only, during the open bid period. All bid responses must be submitted in a format that identifies the specific bid number , eprocurement event number and title. Hardcopy? Yes! Your bid response must include the required documents identified in the solicitation instructions. The documents identified, must be signed and returned with your bid response. Bidders will be unable to submit a bid, regardless of format, after the established deadline for each bid. Please be sure to verify solicitation response deadline and make sure to review all amendments. Notices sent out from the electronic bidding system will be sent from a designated e-mail address. However, each bidder is responsible for viewing the most current updates and amendments posted on WMATA’s Procurement Opportunities webpage and Supplier Portal . To ensure that all such notices are received electronically, you must make sure that your profile email addresses are current and up-to-date with accurate email addresses. Submitted bids will remain unopened by WMATA until the scheduled date and time for opening all bids. WMATA will not be responsible for any delay of delivery, including delays related to e-mail programs, servers, or acts of nature. Remember, if you have questions concerning the eprocurement process, contact our Procurement IT Team at CLM@WMATA.com and also include the assigned contract administrator, whose name and contact information are included in the solicitation. Any solicitation response received at the specified address after the Submission date and time specified in the Solicitation, will NOT be considered . It is the Authority’s policy to make every effort to ensure that all solicitation responses for IFB’s or RFP’s have been received and properly time stamped; however, Bidders/proposers are ultimately responsible for ensuring timely receipt of their bid. Bid and RFP responses that are not properly marked may be disregarded. All Submissions and required documents shall be packaged and submitted in a Sealed envelope , and clearly marked to the address specified in this solicitation. Failure to do so may result in the premature opening of, or failure to open, your bid. In submitting a bid or RFP response, the offeror accepts the terms and conditions expressed herein. Costs incurred for developing IFB and RFP responses in anticipation of award are the responsibility of the offeror and shall not be charged to the Authority. PUBLIC BID OPENING If you are planning to attend the public bid opening for any eprocurement – electronic solicitation, you must notify the contract administrator listed in the cover letter of this solicitation, at least three (3) working days before the opening date specified. If you /or your representative require reasonable accommodations to participate in the Public Bid Opening, you must advise the contract administrator, identified in this package and identify what reasonable accommodation(s) is required for you to participate; we require adequate time to allow for coordination and arrangement of the required accommodations. At the time of the public bid opening, the total dollar value of each bid shall be read. The contract award is subject to a complete review of the entire bid offer for compliance and adherence to the IFB requirements, verification of all calculations, claimed preferences, and compliance with DBE/SBE participation requirements, if applicable. There is no Public Opening for RFP’s ; Public Openings only apply to IFB’s. INTRODUCTORY INFORMATION SOLICITATION CERTIFICATIONS PAGE 0000006557 IFB – CQ 19118 Restraining Rail Components APPROVED FOR RELEASE END OF SECTION -6350 29845 0 0 SEQ CHAPTER \h \r 1 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY SOLICITATION, OFFER AND AWARD SEQ CHAPTER \h \r 1 CONTRACT NO. SOLICITATION NO. DATE ISSUED ADDRESS OFFER TO OFFICE OF PROCUREMENT IFB: CQ19118 November 20 , 2018 Office of Procurement 600 Fifth Street NW Washington, DC 20001 X ADVERTISED NEGOTIATED SOLICITATION SEQ CHAPTER \h \r 1 Sealed offer in original and TWO (2) copies for furnishing the supplies or services in the schedules will be received at Authority until 02:00 PM Local time 28 -DEC-2018 09-JAN 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 SEQ CHAPTER \h \r 1 SCHEDULE ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT $ (Continued on the attached pages) SEQ CHAPTER \h \r 1 DUN & BRADSTREET ID NUMBER: SEQ CHAPTER \h \r 1 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 SEQ CHAPTER \h \r 1 AWARD (To be completed by The Authority) SEQ CHAPTER \h \r 1 ACCEPTANCE AND AWARD ARE HEREBY MADE FOR THE FOLLOWING ITEM(S): SEQ CHAPTER \h \r 1 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 PRICE SCHEDULE CONTINUATION SHEET CQ19118 BID FORM RESTRAINING RAIL COMPONENTS CLIN Description Unit of Measure Quantity Unit Price Total Price (Quantity * Unit Price) 1 600' Restraining Rail EA 2 $ $ 2 650' Restraining Rail EA 2 $ $ 3 700' Restraining Rail EA 2 $ $ 4 1100' Restraining Rail EA 1 $ $ 5 1400' Restraining Rail EA 1 $ $ 6 1500' Restraining Rail EA 1 $ $ 7 Freight $ $ Manufacture Name: Part Number: Total Cost $ SEQ CHAPTER \h \r 1 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY SOLICITATION, OFFER AND AWARD CONTINUATION SHEET THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENTS TO SOLICITATION IFB – CQ19118 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 Date SOLICITATION INSTRUCTIONS IFB SOLICITATION INSTRUCTIONS INTRODUCTION ( a ) The Authority seeks to award a contract to supply various Restraining Rail Components . To that end, WMATA is issuing this Invitation for Bids (IFB) to solicit bids from qualified firms and individu als 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, responsible bidder whose bid is responsive to, and meets all requirements of, the solicitation. (c) The Authority co ntemplates 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 N/A (f) INDEFINITE QUANTITY N/A 2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED Bidders are advised that: 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, material s or other work necessary for satisfactory and complete performance. 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. 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 relea se of this IFB and award of a Contract hereunder, must be directed to the Contract Administrator as follows: Stacey Pollitt, lspollitt@wmata.com, 202-962-6048 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. 4. Preparation OF BIDS Bidde rs shall furnish all information requested by the solicitation and, in so doing, are expected to examine the IFB and all referenced documents carefully. Fai lure 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) Bidde rs 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 th is 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 e xplanation 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 . Includ e 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 wri ting to all prospective bidders in the form of an amendment if, in the Contracting Officer's judgmen t , the information is necessary to the preparation and/or submittal of proposals or lack of such information would be otherwise prejudici al to other prospective bidders . Bidders must acknowledge receipt of all amendments on the form provided. (c) O ral 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 emplo y ee, 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- BID Conference NO PRE-BID WILL BE HELD. 7. AMENDMENTS prior to date set for OPENING of BIDS (a) The Authority reserves the right to am end 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 writ ing 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 f or 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 a mendments may cause the b id to be considered not responsive to the solicitation , which would require rejection of the b id. 9. PREPARATION OF BIDS 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. 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. 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. 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 non-responsive. 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 de emed to be F.O.B. Destination . Unless specifically called for in the Price Schedule, alternate bids will not be considered. 10 . SUBMITTAL OF BIDS BIDS, REPS & CERTS SHALL BE SUBMITTED BY 1 2 / 28 /2018 01/09/19 AT 2:00 PM 1 1 . RESPONSIVE BIDS Bidd ers are advised that a bid that is at variance or non compliant with any provision of this solicitation, including a qualified or conditional bid, may be rejected as non-responsive. The Contracting Officer may reject a b id as non responsive if, in his or her judgment , the bid prices are materially unbalanced. B id 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 . 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 This is an Electronic Procurement Solicitation; All bid responses shall be submitted via the WMATA Supplier Portal. Late bid responses shall not be accepted; p lease note, the eprocurement system will not allow prospective bidders to upload any documents/ files ,relative to this solicitation, after the stated closing time and date. (mail-in bid responses are not acceptable). 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 mail ed 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 an authorized repre sentative of the bidder , 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 b id 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 . " T he "cost to cover" is the d ifference between the bid price and the price WMATA ultimately pa ys for the work encompassed in this solicitation, whether through award of a Cont r act to another bidder pursuant to this solicitation or otherwise. d. In the event of a bidder's default as described in paragraph (c), the bidder agrees that WMATA may retain or otherwise proceed against the bid guarantee furnished pursuant to paragraph 13 below as a means of recovering such damages and costs . I n the event that the bid guarantee is insufficient to compensate WMATA for all such damages and costs, the bidder shall remain liable to WMATA for the remaining sum. 14 . BID GUARANTEE N / A 15 . BID MISTAKE 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 no t later than three (3) business days following bid opening . Such notification must set forth the details of, and expla nation for, th e claimed mistake. The Contracting Officer shall evaluate the claimed mistake and determine whether the bidder will be permitted to withdraw its bid. 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. 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. 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 comply ing with any and all applicable State of Maryland, Commonwealth of Virginia, District of Columbia, and f ederal laws and regulations governing the service s to be provided under th is 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 a. When a bid contains costs or charges for royalties totaling more than $250, the following information shall be furnished with the bid on each separate item of royalty or license fee: (1) Name and address of licensor; (2) Date of license agreement; (3) Patent numbers, patent application serial numbers or other basis on which the royalty is payable; (4) Brief description, including any part or model numbers of each Contract item or component on which the royalty is payable; (5) Percentage or dollar rate of royalty per unit; (6) Unit price or Contract item; (7) Number of units; and (8) Total dollar amount of royalties. b. In addition, at the Contracting Officer 's request, prior to execution of the Contract, the successful bidder will provide copies of any current license agreement s and identify applicable claims of specific patents . 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 which 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 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. The Contracting Officer may conduct a pre-award survey and/or take other actions to obtain information regarding the bidder's responsibility , if it is the apparent low bidder. The bidder shall promptly supply information that the Contracting Officer requests regarding its responsibility in such manner and form as he or she request s. Among other items, the apparent low bidder shall furnish the following when the Contracting Officer requests: A completed and signed " Pre-Award Evaluation Data " form (copy attached), including all referenced financial statements and information; Evidence of good standing in the System for Award Management (SAM) at www.sam.gov . Small Business Local Preference Program (SBLPP) data as set forth in Appendix C (if applicable) . Failure to submit Appendix C forms may cause the proposal to be rejected. A bidder's failure to supply th is 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 N/A 23 . BASIS FOR Contract Award A ward(s) of a contract hereunder 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 t he 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. Unless otherwise expressly specified in the Price Schedule , the Authority may make multiple awards as a result of this solicitation. T he Authority reserves the right to reject all bids and cancel this s olicitation at any time prior to award . 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 N/A 26 . OPPORTUNITY FOR SMALL AND LOCAL BUSINESS ENTERPRISES TO BID It is the policy of the Authority that small and local businesses shall be given maximum practicable opportunity to receive and participate in performing WMATA non-federally funded contracts, including contracts and subcontracts at any tier. 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 the Procurement Procedures Manual. 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 ) Alleged violation s must be submitted to the Contracting Officer who will administratively decide the protest. (c ) 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. 2 9 . WMATA'S TAX EXEMPT STATUS (a) Pursuant to Article XVI, Paragraph 78, of the Washington Metropolitan Area Transit Authority 's Compact, as adopted by the State of Maryland, the District of Columbia, and the Commonwealth of Virginia, with the authorization and consent of the Congress of the United States, the Authority 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) By submission of its bid, the bidder certifies that none of the taxes that the Authority is exempt from are included therein . 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 SEE SCOPE OF WORK (Page 90) ( a) If items called for by this IFB have been identified in the Price Schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products, including products of the brand name manufacturer, other than the one described by brand name will be considered for award, if such products are clearly identified in the bids and the Authority determines that they fully meet the salient characteristics (physical, functional, or performance ) requirements in the IFB. (b) Unless the bidder clearly indicates in its bid that it is offering an "equal" prod uct, the bid shall be considered as offering a brand name product referenced in the IFB. ( c ) If the bidder proposes to furnish an "equal" product, a description of the product to be furnished shall be placed in the space provided in the IFB, or such product shall be otherwise clearly identified in its bid. The Authority, at its sole discretion, must be able to determine equality without an extensive evaluation . Thus, if the bidder has some information demonstrating equality of the proposed equal, such as acceptance by another transit agency, it should submit such documentation with its bid. ( d) CAUTION TO OFFERORS. WMATA is not responsible for locating or securing any information that is not identified in its bid and reasonably available to the Authority. The offeror must furnish as a part of its proposal all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the Authority's determination. The information furnished may incorporate by specific reference, information previously furnished or otherwise available to the Authority. 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. "Records" means any existing writing s , drawing s , map s , recording s , tape s , film, microfilm, correspondence, form s , card s , photograph s , optical disk s , p hoto 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 Admini strator or other WMATA employee . WMATA's contracting process a llow s 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. Upon WMATA's request, the successful bidder shall be required to provide a redacted copy of its bid with confidential and proprietary information redacted. After the award is announced, the winning proposal may be subject to release under WMATA's Public Access to Records Policy (PARP). When WMATA deter mines 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 re quests for a successful bid , WMATA will post it on its website. 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 request o r 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. Neither WMATA's bidding process nor the PARP process generally allow for the release of information that would cause c ompetitive 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 release d) about the successful bidder or its employees that is not available to the public on the w ebsite of the successful bidder ; (4) Unit price details o f 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 wr itten 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 . 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 b ased on the following guidance: Information that may be withheld/redacted: Detailed pricing except bottom line offer amounts; 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); ( 3 ) General company background; ( 4 ) Mere compliance with IFB requirement s ; and ( 5 ) Anything standard to the industry.