Instructions.pdf

REQUEST FOR PROPOSALS

FOR

RAIL PROPERTY MANAGEMENT, LEASING, AND

AND ASSET DEVELOPMENT

SOLICITATION #RRPM2026-1

The Connecticut Department of Transportation (“CTDOT”) is issuing this Request for Proposal (“RFP”) to solicit proposals from a qualified and experienced Contractor to manage rail property along state owned passenger lines, including but not limited to, the New Haven Line, Danbury Branch, Waterbury Branch, New Canaan Branch, State-owned freight lines and all other State-owned railroad rights of way.

The selected Contractor will be responsible for:

• Creating efficient processes for administration, management, record-keeping and accounting with respect to CTDOT’s Office of Rail (“OOR”) real estate interests; and

• Provide innovative solutions to generate recurring and non-recurring non-fare revenue for CTDOT through strategic disposition of real estate rights.

This RFP includes:

• Part 1, Instructions to Proposers

• Part 2, Scope of Work

• Part 3, Draft Agreement

• Attachment A, Agreement Flow Chart

• Attachment B, Price Proposal

PART 1: INSTRUCTIONS TO PROPOSERS

A. BACKGROUND

The CTDOT OOR is responsible for managing real estate assets associated with multiple passenger commuter rail corridors, regional freight railroads and other railroad rights-of-way. This infrastructure requires a comprehensive management framework to ensure the proper protection and effective use of State-owned property. Physical assets include more than 4,000 acres of land, approximately 300 miles of track and 52 stations. These assets are overseen by two OOR units: Property Management and Utilities (“PMU”) and Stations.

Collectively, these two units manage more than 500 lease and license agreements, which will be administered by the Contractor. These agreements encompass a wide range of uses, including retail operations (such as concession stands, food establishments, ATMs, and more), parking facilities, utility crossings along railroad rights-of-way, telecommunications towers, and other utility installations. Additionally, the Contractor will be responsible for managing and enhancing advertising assets located throughout the railroad right-of-way and State property as applicable.

Both administrative and advisory services will be provided by the Contractor, including lease and license administration, support for real estate transactions, and the identification and implementation of non-fare revenue-generating opportunities. The Contractor shall work collaboratively with CTDOT to enhance operational efficiency, ensure compliance, and maximize the value of State-owned rail property assets, while supporting both the administration of existing agreements and the development and execution of revenue-generating initiatives.

The selected Contractor, upon execution of an agreement with CTDOT and a Notice to Proceed (“NTP”), will provide property management and asset support services, as more particularly described in this RFP.

B. RFP SCHEDULE AND SUBMITTAL DEADLINES

The anticipated procurement schedule is set forth in Table 1 below. CTDOT reserves the right, in its sole discretion, to modify the schedule or any submittal deadline by issuing an Addendum.

Table 1: RFP Schedule and Submittal Deadlines

Release of RFP August 26, 2026

Deadline for Submission of Questions on RFP By 5pm on October 2, 2026

Responses to Questions Issued by Addendum By October 9, 2026

Proposal Submission Deadline By 5pm on October 30, 2026

Proposal Presentations Week of November 16, 2026

Notification to selected Proposer (estimated) Week of December 7, 2026

Execution of Agreement By February 26, 2027

Notice to Proceed (“NTP”) By April 26, 2027

CTDOT anticipates issuing the Notice to Proceed (“NTP”) authorizing performance of the Work, in whole or in part, approximately 60 days after Execution of Agreement.

C. RFP QUESTION AND ANSWERS, PROCESS INQUIRIES, AND ADDENDA

1. Questions regarding this RFP must be submitted no later than 5:00 P.M. EST on Friday, October 2, 2026, via email to dot.ctrail@ct.gov. No questions will be accepted after this deadline, unless otherwise determined by CTDOT.

2. Responses to questions will be issued via Addendum and posted on the State’s contracting portal at http://portal.ct.gov/das/ctsource/bidboard (“CTSource”) by Friday, October 9, 2026.

3. All process-related inquiries shall be directed only to Brent Bette, Transportation Rail Officer 2, by email at Brent.Bette@ct.gov or phone at (860) 538-3854. Proposers shall not contact any other CTDOT personnel regarding this RFP.

4. During the period from your organization's receipt of this Request for Proposal and until a contract is awarded, your organization shall not contact any employee of the State of Connecticut (“State”) concerning this Request for Proposal except in writing directed to the CTDOT contact, Brent Bette via email at dot.ctrail@ct.gov.

5. CTDOT reserves the right to revise this RFP at any time. All revisions will be issued by

Addendum posted to CTSource.

D. DELIVERY OF PROPOSAL

Proposers shall submit one (1) electronic copy of the Proposal in PDF format. Proposals may be submitted by email: to dot.ctrail@ct.gov, provided file size limits are not exceeded.

http://portal.ct.gov/das/ctsource/bidboard mailto:dot.ctrail@ct.gov

Proposals must be received no later than Friday, October 30, 2026 at 5:00 p.m. EST. Late submissions will not be considered.

E. PROPOSAL REQUIREMENTS

Proposals must not exceed fifty (50) pages in length. All proposals must be typewritten in 12-point Arial font and include the following information, in the following order:

1. Cover Letter:

a. Name, title, address, email address, and telephone number(s) for:

i. One (1) or more individual(s) with authority to negotiate and contractually bind Proposer; and

ii. One (1) or more individual(s) designated by Proposer as the point of contact(s) for CTDOT, with one designated as the primary contact, including, but not limited to, for receipt via email or other means of communication of any Addendum issued by CTDOT and for clarifications as to information provided in the Proposal.

b. The cover letter shall identify the Proposer entity. If a corporation, partnership, or limited liability company registered with the Connecticut Secretary of the State (“SOTS”) at the time of submitting a Proposal, the Proposer must submit a current corporate, partnership, or company record print-out from the SOTS (which will not count towards the page limitation). Please note that the selected Proposer will be required to be registered with the SOTS as of the date the Proposer executes its Agreement with CTDOT.

c. The cover letter shall be signed by an official listed in Section E.1.a.i authorized to sign and submit the Proposal on behalf of the Proposer attesting that the Proposer’s statement and certifications made in the Proposal are true under the penalties of false statement pursuant to CGS § 53a-157b.

2. Written description of the Proposer’s team to perform the Work under the

Agreement (“Project Team”), including:

a. A brief profile of each Key Personnel and a description of the Work they will be responsible for performing;

b. A detailed organization chart of the Project Team management structure.

3. Written description of how the Proposer will provide, as applicable, property management services, experience generating recurring and non-recurring non-fare revenue through real estate transactions and all other services for the Work. The detailed narrative shall address in order and at minimum, the following elements of the Work, each of which are more particularly described in the Scope of Work:

1. Revenue Opportunities Assessment;

2. Advertising Procurement and Administrative Support;

3. Property Management System Implementation;

4. Administration and Management of Existing Agreements;

5. New and/or Renewal Agreement Development Services;

6. Remediation of Property Encroachments;

7. Private Grade Crossing and Agreement Initiation and

Administration;

8. Station brokerage services;

9. Real Estate Advisory Services

4. Written description of the Proposer’s successful experience in and familiarity with providing property management services and strategies for public transportation agencies.

a. Within the last five (5) years;

b. For up to five (5) similar clients;

c. Identification and description for each similar client identified:

i. Evidence of successful prior experience and the extent of providing each of the services required in the Scope of Work;

ii. Previous experience, if any, with proposed subcontractors on the Project Team;

iii. Evidence of specific work experience, duties, and responsibilities fulfilled by each member of the Project Team;

iv. References for each similar client service noted by the Proposer, including name and contact information for at least one person for each similar client support

d. The descriptions shall be limited to two (2) pages for each similar service identified.

5. Price Proposal: Proposers must include pricing within their Proposals by completing the Price Proposal Form provided in Attachment B of the RFP, in accordance with all instructions and requirements. Prices shall be provided in both numerical and written word formats.

F. OTHER FORMS

1. The following form shall be completed, properly signed and submitted as part of the Proposal, but will not count towards the page limitation:

a. Connecticut Office of Policy and Management (“OPM”) Ethics Form 1

Available at the link: htps://portal.ct.gov/OPM/Fin-PSA/Forms/Ethics-Forms

G. PROPOSAL EVALUATION

The CTDOT selection committee will evaluate the submitted Proposals using a best value selection process. The best value selection process uses a combination of price and qualitative components. Qualitative components may include technical design, technical approach, quality of proposed personnel, and/or management plan. The best value selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous and of the greatest value to CTDOT.

The evaluation will include a review of all Proposal submittals, required forms and certifications as detailed in Table 2 below.

The evaluation criteria and the maximum number of points awarded by the selection committee for each of the criteria are identified in the following tables.

Prior to selection, CTDOT may elect to solicit “Best and Final Offers” for the Proposal from any number of Proposers. Proposers shall be bound by any price they offer.

Evaluation Criteria

The main criteria and maximum number of points that will be awarded for each criterion to be used for evaluation of Proposals are identified in the tables below.

https://portal.ct.gov/OPM/Fin-PSA/Forms/Ethics-Forms

Table 2: Property Management-Utilization Proposal Evaluation Criteria

Technical/Qualitative Evaluation Criteria Maximum Points Per Criterion

A Technical Approach, Methodology, and Management Plan

The quality and completeness of the Proposer’s narrative response, including its demonstrated understanding of the Scope of Work, and the soundness, feasibility, and effectiveness of its technical approach, methodology, and proposed Management Plans for performing the required services.

B Proposer Qualifications, Relevant Experience, and References

Evaluation of the Proposer’s narrative response documenting its qualifications, experience, and ability to successfully perform the required property management and utilization services. This evaluation will include, but not be limited to, the following:

• Demonstrated experience providing similar property management and utilization services, particularly for public transit agencies or other public sector entities, with emphasis on projects comparable in scope, complexity, and operational environment to the services described in the Scope of Work.

• The qualifications, experience, and demonstrated ability of proposed subcontractors, and the Proposer’s experience working with those subcontractors as part of a coordinated project team.

• The quality, relevance, and recency of client references, including demonstrated successful performance, reliability, and client satisfaction on similar engagements.

C Project Management and Key Personnel

Evaluation of the Proposer’s Project Team structure, organizational capacity, and the qualifications and experience of Key Personnel proposed to perform the Work. This evaluation will include, but not be limited to, the following:

• The suitability and effectiveness of the proposed Project Team organization, including clearly defined roles, responsibilities, lines of authority, and reporting relationships, and the Proposer’s ability to provide adequate management, oversight, and continuity throughout the term of the contract.

• The qualifications, relevant experience, and demonstrated ability of Key Personnel to perform the duties assigned, including prior experience performing similar work for public sector clients, transportation agencies, or other entities with comparable scope, complexity, and operational requirements.

• The extent of each Key Personnel’s direct involvement in the example projects submitted under Criterion C, including their specific roles, responsibilities, and demonstrated contributions to successful project outcomes.

• The strength and relevance of professional credentials of Key Personnel, including applicable education, licenses, certifications, and other qualifications demonstrating their capability to perform the proposed roles.

• The Proposer’s overall organizational capacity, including its ability to provide sufficient staffing, management oversight, and institutional support necessary to successfully perform the required services.

D Oral Presentation and Interview

Evaluation of the Proposer’s oral presentation and interview, including its ability to clearly and effectively communicate its qualifications, experience, and proposed approach to performing the required services. The evaluation will consider the Proposer’s demonstrated understanding of the Scope of Work and its ability to present and substantiate the key elements of its proposal, including its technical approach, qualifications, and proposed staffing.

Selected Proposers may be invited to deliver an oral presentation of up to sixty (60) minutes in duration, which will be followed by a question-and-answer session of up to thirty (30) minutes with the review committee. The oral presentation will be evaluated based on the clarity, organization, completeness, and effectiveness of the information presented, the qualifications and preparedness of Key Personnel, and the Proposer’s ability to respond clearly and effectively to questions from the review committee.

Cost Evaluation Criteria Maximum Points per criterion

The Proposal with the lowest proposed price will receive the maximum of thirty (30) points for its price Proposal. Other, higher priced Proposals, will receive fewer points based on the following formula:

“Price Score” = (Lowest Proposed Price ÷ Proposer’s Price) x 30

Total Score Calculation

“Total Score” = Technical Score (Criterion A+B+C+D) + Price Score (Cost Evaluation Criteria)

H. POST-SELECTION PROCESS

1. Negotiations and Modification of Agreement Documents

a. CTDOT may conduct negotiations with the selected Proposer regarding any remaining issues pertaining to scope, scheduling, financing, or other items as needed to complete the negotiation process.

b. CTDOT will make such modifications to the Agreement as it may determine, in the exercise of its sole discretion, to be necessary to fully incorporate the negotiated terms, to correct any inconsistencies, ambiguities, or errors that may exist, and to clarify Agreement terms, including technical requirements, if any such changes are needed or desired by CTDOT in its sole discretion.

c. If, at CTDOT’s sole discretion, it determines that the selected Proposer is not responsive to the negotiation process, or that the parties will be unable to reach a mutually acceptable Agreement, CTDOT may terminate negotiations with the selected Proposer. At CTDOT’s sole discretion, negotiations may also be terminated if negotiations are not concluded, or acceptable progress has not been made within forty-five (45) days after selection of the chosen Proposer. CTDOT, at its sole discretion, will then continue the process of negotiation with the next selected Proposer until CTDOT either successfully negotiates the Agreement or cancels the selection Process.

2. Execution of the Agreement and Delivery of Required Documents

a. No later than fifteen (15) business days from date of delivery of the finalized

Agreement by CTDOT to the selected Proposer, or other period of time as may be established by CTDOT in writing, the selected Proposer must execute the Agreement and any associated documents and return them to the CTDOT Rail Administrator along with other required submittals.

i. Insurance certificate(s) evidencing the required insurance and insurance coverages required pursuant to the Agreement;

ii. Required OPM Ethics forms.

b. By the deadline established by CTDOT, the selected Proposer must provide all bonding required pursuant to the Agreement.

c. In the event the selected Proposer fails to meet the deadline or fails to submit the required documentation described in this section, CTDOT may, at its sole discretion and without limitation, eliminate the selected Proposer from further consideration.

I. NOTICES AND ADDITIONAL REQUIREMENTS

1. The required Small Business Enterprise (“SBE”) percentage is zero percent (0%) for this RFP.

2. In accordance with Connecticut General Statutes, firms submitting a Proposal, if selected, must make certain ethics representations and/or certifications at the time of submitting a Proposal and/or at time of Agreement execution, on forms provided by CTDOT and/or within the body of the Agreement. Any Proposer that does not make such representations and/or certifications and complete any such related forms shall be disqualified.

3. For all state contracts, as defined in CGS § 9-612(f)(1) having a value of fifty thousand dollars ($50,000) or more or a combination or series of such agreements or contracts having a value one hundred thousand dollars ($100,000) or more in a calendar year, the authorized signatory of the Proposal represents that they have received the State Elections Enforcement Commission’s Notice titled “Notice to Executive Branch State Contractors and Prospective State Contractors of Campaign Contribution and Solicitation Limitations” (hereinafter, solely for the purposes of this section (J3), referred to as “Notice”, advising State contractors of State campaign contribution and solicitation prohibitions and will inform its principals of the contents of the Notice. The Notice can be found online or by simply clicking the following link htps://portal.ct.gov/OPM/Fin-PSA/Forms/Ethics-Forms and then the Campaign Contribution Certification pdf fillable form. The Notice is hereby made part of this RFP.

a. Any Agreement resulting from this RFP shall contain a representation that the chief executive officer or authorized signatory of the Agreement has received such Notice.

b. Any principal of the Proposer shall certify that neither Proposer, nor any of its principals, have made any contributions to, or solicited any contributions on behalf of, any party committee, exploratory committee, candidate for state-wide office or of the General Assembly, or political committee authorized to make contributions to or expenditures to or for, the benefit of such candidates, in the previous four years, that were determined by the State Elections Enforcement Commission to be in violation of subparagraph (A) or

(B) of CGS § 9-612(f)(2), without mitigating circumstances having been found to exist concerning such violation. Each such certification shall be sworn as true to the best knowledge and belief of the person signing the certification, subject to the penalties of false statement. If there is any change in the information contained in the most recently filed certification, such person shall submit an updated certification not later than thirty days after the effective date of any such change or upon the submittal of any new Proposal for a state contract, whichever is earlier.

J. CONDITIONS OF THE RFP PROCESS & RIGHTS RESERVED TO CTDOT

1. Conformance with statutes – Any agreement executed as a result of this RFP shall be in full conformance with the statutory requirements of the State of Connecticut and the Federal Government.

2. Ownership of Proposals – All Proposals in response to this RFP are to be the sole property of CTDOT and are subject to the provisions of CGS § 1-210 (Freedom of Information Act).

https://portal.ct.gov/OPM/Fin-PSA/Forms/Ethics-Forms

3. Oral agreements – Any alleged oral agreements or arrangements made by a Proposer with any State agency or State employee will be superseded by the written Agreement.

4. Amending or cancelling requests – CTDOT reserves the right to amend or cancel this RFP at any time if it is in the best interests of CTDOT or the State, as determined by CTDOT in its sole discretion.

5. Rejection for misrepresentation – CTDOT reserves the right to reject any Proposal that includes any misrepresentation.

6. Rejection for substantial incompletion – CTDOT reserves the right to reject without evaluating and scoring any Proposal which is substantially incomplete, as determined by CTDOT in its sole and reasonable discretion.

7. CTDOT’s clerical errors – CTDOT reserves the right to correct inaccuracies resulting from its clerical errors in this RFP.

8. Rejection of qualified Proposals – Proposals are subject to rejection in whole or in part if they limit or modify any of the terms and/or specifications of the RFP.

9. Changes and Clarifications to Proposal – No additions or changes to the original Proposal will be allowed to be submitted by Proposers after the RFP deadline except as may be allowed in implementing this Part 1. CTDOT reserves the right to request clarifications on the Proposals which Proposer must provide, at Proposer’s expense, in order to continue in the RFP process.

10. Collusion – By submitting a Proposal, Proposer represents that its Proposal is not made in connection with any competing Proposer submitting a separate Proposal, and its Proposal is in all respects fair and has not been subject to collusion or fraud.

Proposer further represents that Proposer did not participate in the RFP development process, had no knowledge of the specific contents of the RFP prior to its issuance, and that no employee of the agency participated directly or indirectly in Proposer’s Proposal preparation.

11. Suspension or Debarment – Proposer acknowledges and agrees that suspended or debarred contractors, subcontractors, suppliers, materialmen, lessors or other contractors may not submit proposals for a State contract or subcontract during the period of suspension or debarment regardless of their anticipated status at the time of contract award or commencement of work.

a. The signature on the Proposal by the Proposer shall constitute certification that to the best of its knowledge and belief Proposer or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of Federal or State funds:

i. Is not presently debarred, suspended or proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

ii. Has not, within the prescribed statutory time period preceding the submission of its Proposal been convicted of or had a civil judgement rendered against him/her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State and local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

iii. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(ii) of this certification; and

iv. Has not, within a five-year period preceding the submission of its Proposal, had one or more public transactions (Federal, State or local) terminated for cause or default.

b. Where Proposer is unable to certify to any of the statements in this certification, such Proposer shall attach an explanation to its Proposal.

c. Proposer agrees to ensure that the following certification be included in each subcontract for Work under the Agreement to which it enters, and further, to require said certification to be included in any subcontracts, sub-subcontracts and purchase orders that its subcontractor enters into for Work under the Agreement:

i. The prospective subcontractors, sub-subcontractors participants certify, by submission of its/their proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

ii. Where prospective subcontractors, sub-subcontractors participants are unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

12. CTDOT reserves the right to award the Work in part, to reject any and all Proposals in whole or in part, and to waive defects, irregularities, and omissions if, in its sole judgement, the best interest of the State will be served.

13. CTDOT reserves the right to modify, add to, or delete anything in this RFP at any time during the selection process and/or the negotiation process, when it is deemed by CTDOT to be in the best interest of the State to do so.

14. CTDOT reserves the right to:

a. Enter into an Agreement or Agreements with one or more selected Proposer(s);

b. Negotiate a final Agreement or Agreements with selected Proposer if, in the CTDOT’s sole discretion, negotiations are necessary;

c. Enter negotiations with the next-selected Proposer if CTDOT cannot reach agreement with the first selected Proposer and repeat this process, if necessary, with other Proposers;

d. Cancel this process and/or initiate a new RFP process; and

e. Correct any inconsistencies, ambiguities, or errors that may exist in the

Scope of Work or Agreement and to clarify Agreement terms, including technical requirements, if any such changes are needed or desired by

CTDOT.

K. STANDARD RFP TERMS AND CONDITIONS

1. All Proposals shall be signed by a person duly authorized to sign proposals on behalf of Proposer.

2. Pursuant to CGS § 12-412, the State is exempt from the payment of excise, transportation and sales taxes imposed by the Federal Government and/or the State. Such taxes must not be included in the Price Proposal.

3. As described below, the Commissioner of CTDOT may withhold from public disclosure any Proposal until the completion of the procurement process. However, upon receipt by CTDOT, the Proposal is considered a public record or file, subject to the Freedom of Information Act (“FOIA”). Accordingly, each Proposer shall identify any and all information that it considers to be confidential as proprietary or trade secret. Those particular sentences, paragraphs, pages or sections that Proposer believes to be proprietary or trade secret or proprietary information must provide a convincing explanation and rationale consistent with the law sufficient to justify treating the identified information as proprietary or trade secret under CGS § 1- 210(b), including the representation that such information is not already in the public domain. The rationale and explanation shall be stated in terms of the prospective harm to the competitive position of Proposer that would result if the identified material were to be released and set forth the reasons it believes the material is legally exempt from release pursuant to FOIA. If Proposer indicates that certain documentation is submitted in confidence, by specifically and clearly marking said documentation as CONFIDENTIAL, CTDOT will first review such claims to make sure they are consistent with FOIA (that is, the documentation is actually a trade secret or commercial or financial information and not required by statute), and if so, will endeavor to keep said information confidential to the extent permitted by law. See e.g. CGS § 1-210(b)(5)(A-B). The final administrative authority deciding whether to release or exempt any or all material so identified rests solely with CTDOT; subject to adjudication by the Freedom of Information Commission (FOIC) should Proposer’s claim of proprietary or trade secret information be challenged.

CTDOT, however, has no obligation to indicate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information that is sought pursuant to a FOIA request. Should CTDOT withhold such documentation from a FOIA requester, and a complaint is brought to the FOIC, Proposer shall have the burden of cooperating with CTDOT in defense of that action and in terms of establishing the applicability of any FOIA exemption in any proceeding where it is an issue. In no event shall CTDOT or the State have any liability for the disclosure of any documents or information in its possession which the State or CTDOT believes are required to be disclosed pursuant to FOIA or other requirements of law.

By submitting a Proposal, each Proposer agrees that the State may reveal any trade materials contained in such proposal to all staff and officials involved in the selection process, and to any outside consultants, legal counsel or other third parties who serve on the evaluation committee or who are hired to assist in the selection process. Each such individual who receives such information will be required to sign a confidentiality form. Furthermore, each Proposer agrees to indemnify and hold harmless the state and each of its officers, employees, consultants, counsel and agents from all costs, damages and expenses incurred in connection with CTDOT refusing to disclose any material that Proposer has designated as trade secret or proprietary. Any Proposer that designates its entire proposal as a trade secret or proprietary may be disqualified by the CTDOT, in its sole discretion.

Subject to any particular FOIA request that may be made pursuant to CGS § 1- 210(b)(24), the Commissioner of CTDOT may (subject to the balancing test required by CGS § on 1-210(b)(24)) withhold from disclosure the Proposal until the Agreement contemplated by this RFP has been executed or when negotiations for the award of such agreement have ended, whichever occurs earlier.

CGS § 1-210(b)(24) provides that nothing in FOIA shall be construed to require the disclosure of:

“Responses to any request for proposals or bid solicitation issued by a public agency or any record or file made by a public agency in connection with the contract award process, until such contract is executed or negotiations for the award of such contract have ended, whichever occurs earlier, provided the chief executive officer of such public agency certifies that the public interest in the disclosure of such responses, record or file is outweighed by the public interest in the confidentiality of such responses, record or file.”

4. CGS § 1-101qq requires that this RFP incorporate by reference the summary of state ethics laws developed by the Office of State Ethics pursuant to CGS § 1-81b. Such summary is available from the Office of State Ethics website at: Contractors-Guide-https://portal.ct.gov/-/media/Ethics/Guides/2021/Contractors-Guide-to-the-Code-of-Ethics-Rev-11-2021 to-the-Code-of-Ethics-Rev-11-2021. Any contract resulting from this RFP shall contain a representation that the Proposer’s chief executive officer or authorized signatory of the contract and all key employees of such officer or signatory have read and understood this summary and agree to comply with the provision of state ethics law.

5. CGS § 4a-81 requires that this solicitation include a notice of the consulting agreement representation requirements described in the statue. Accordingly, pursuant to CGS § 4a-81, Proposers are notified as follows:

a. No state agency or quasi-public agency shall execute a contract for the purchase of goods or services, which contract has a total value to the State of fifty thousand dollars or more in any calendar or fiscal year, unless such contract contains a representation as to whether any consulting agreement has been entered into in connection with such contract. Such representation shall be made to the best knowledge and belief of the person signing the contract and shall be subject to the penalty of false statement as provided in CGS § 53a-157b. “Consulting agreement” means any written or oral agreement to retain the services, for a fee, of a consultant for the purpose of

(A) providing counsel to a contractor, consultant or other entity seeking to conduct, or conducting, business with the State, (B) contacting, whether in writing or orally, any executive, judicial, or administrative office of the State, including any department, institution, bureau, board, commission, authority, official or employee for the purpose of solicitation, dispute resolution, introduction, requests for information, or (C) any other similar activity related to such contracts. “Consulting agreement” does not include any agreements entered into with a consultant who is registered under the provisions of chapter 10 of the Connecticut General Statues as of the date such contract is executed in accordance with the provisions of CGS § 4a-81.

b. If such representation indicates that a consulting agreement has been entered into in connection with any such contract, such representation shall include or attach the following information for such consulting agreement listed: the name of the consultant, the consultant’s firm, the basic terms of the consulting agreement, a brief description of the services provided, and an indication as to whether the consultant is a former state employee or public official. If the consultant is a former state employee or public official, such representation shall indicate his or her former agency and the date such employment terminated.

https://portal.ct.gov/-/media/Ethics/Guides/2021/Contractors-Guide-to-the-Code-of-Ethics-Rev-11-2021

c. If a selected Proposer refused to agree to the representations required under subsections (a) and (b) of this section, then CTDOT shall not enter into an Agreement with such Proposer and shall proceed to engage to the next-selected Proposer or seek new Proposals.

6. CGS § 4-252 requires that the RFP, of which these terms and conditions are part, include a notice of the representation requirements described in that statute.

Accordingly, Proposers are noticed as follows:

a. For the purposes of this section, the terms “gift,” “quasi-public agency,” “large state contract,” “principals and key personnel” and “participated substantially” as used in this section shall have the meanings set forth in

CGS § 4-250.

b. No state agency or quasi-public agency shall execute a large state contract unless such contract contains the representation described in CGS § 4-252.

c. Any principal or key personnel of the person, firm or corporation submitting a bid or proposal for a large state contract represents:

i. That no gifts were made by (A) such person, firm, corporation, (B) any principals and key personnel of the person, firm or corporation, who participate substantially in preparing bids, proposals or negotiating State contracts, or (C) any agent of such person, firm, corporation or principals and key personnel, who participates substantially in preparing bids, proposals or negotiating State contracts, to (i) any public official or State employee of the State agency or quasi-public agency soliciting bids or proposals for State contracts, who participates substantially in the preparation of bid solicitations or requests for proposals for State contracts or the negotiation or award of state contracts, or (ii) any public official or State employee of any other State agency, who has supervisory or appointing authority over such State agency or quasi-public agency;

ii. That no such principals and key personnel of the person, firm or corporation, or agent of such person, firm or corporation or principals and key personnel, knows of any action by the person, firm or corporation to provide a gift of to any such public official or state employee; and

iii. That the person, firm or corporation is submitting bids or proposals without fraud or collusion with any person.

d. Any bidder or Proposer that does not agree to the representation required under CGS § 4-252 shall be rejected and the State agency or quasi-public agency shall enter into the contract with the next-selected Proposer or seek new bids or proposals.

7. CGS § 4-252a requires that the RFP, of which these terms and conditions are a part, include a notice of the representation requirements described in that statute.

Accordingly, Proposers are noticed as follows:

a. For the purposes of this section, the terms “quasi-public agency,” “state agency,” “large state contract,” and “entity” as used in this section shall have the meanings set forth in CGS § 4-252a.

b. No state agency or quasi-public agency shall enter into any large state contract, or amend or renew any such contract with any entity unless such contract contains a certification that such entity has not made a direct investment of twenty million dollars or more in the energy sector of Iran on or after October 1, 2013, as described in Section 202 of the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010, and has not increased or renewed such investment on or after said date.

8. Any agreement resulting from this RFP shall include a nondiscrimination affirmation provision certifying that the contractor understands the obligations of CGS § 4a-60a and will maintain a policy for the duration of the contract to assure that the contract will be performed in conformance with the nondiscrimination requirements of this CGS § 4a-60a. The Proposer’s authorized signatory shall demonstrate his or her understanding of this obligation by either (A) indicating whether the Proposer understands its obligations under such sections, (B) signing the resulting contract, or (C) initialing the nondiscrimination affirmation provision in the body of the Agreement, or other means as permitted by § 4a-60a, as revised. The Proposer’s agreement to the nondiscrimination affirmation provision contained within the Agreement is a condition precedent to CTDOT executing the Agreement, unless the contract is exempt from this statutory requirement, in which case the contractor must obtain a written waiver from the State’s Commission on Human Rights and Opportunities.

9. This RFP is not an agreement and, alone, shall not be interpreted as such. Rather, this RFP only serves as the instrument through which Proposals are solicited. Part 5 of this RFP includes a draft Agreement for Rail Property Management and Asset Development, which is included in this RFP for informational purposes only in order to show the agreement provisions that CTDOT may require for the Agreement that may result from this RFP. The successful Proposer shall be bound by the terms and conditions of the draft Agreement, as it may be modified by agreement of the parties. After CTDOT selects a Proposer, CTDOT will deliver a final Agreement with any updated language and finalized Schedules and attachments to the successful Proposer. If, for whatever reason, CTDOT and the initial Proposer fail to reach consensus on the issues relative to an Agreement, then CTDOT may terminate negotiations with the initial Proposer and commence Agreement negotiations with other Proposers.

10. Any finalized Agreement shall not be effective until the date it is approved as to form by the State of Connecticut Attorney General, who does so after both parties sign the Agreement. Once effective, the Agreement itself is not an authorization for the Contractor to begin performing Work. The Contractor may begin to perform Work, or a respective portion of the Work, only after it has received from CTDOT a written NTP for the Work or respective portion of the Work. The commencement of performance without a written NTP is prohibited and done so at the Contractor’s own cost and risk.