Large_Parts_Washer.pdf

Greater Dayton Regional

Transit Authority

Invitation For Bid

LARGE PARTS WASHER

CONTRACT BID NO. 26-50

RELEASE DATE

August 21, 2026

IFB Boiler Plate Revised 1.19.24

INVITATION FOR BID

LARGE PARTS WASHER

IFB No. 26-50

TABLE OF CONTENTS

Letter to Bidders Scope of Work & Special Conditions Instructions to Bidders FTA Clauses Bid Requirements Bid Form

Attachments:

A - RTA General Terms and Conditions

LETTER TO BIDDERS

RELEASE DATE: Friday, August 21, 2026

DEAR PROSPECTIVE BIDDER:

Re: Invitation for Bid (IFB)

Large Parts Washer

IFB No. 26-50

Notice is hereby given that the Greater Dayton Regional Transit Authority (RTA) is receiving bids for the following procurement. All bids must be submitted in accordance with requirements set forth in this procurement solicitation, and must be received via

OpenGov before 10:00 am, Dayton (Eastern) time, on Tuesday, September 29, 2026, for the following project:

Large Parts Washer

Please view the project timeline and make arrangements to attend the pre-bid conference, if applicable.

Release Date: August 21, 2026

Pre-Bid Conference (Non-Mandatory): September 8, 2026, 10:00am

600 Longworth Street, Dayton, Ohio

45402 - Conference Room

Final Date for Questions, Clarifications and Requests for Approved Equals:

September 21, 2026, 5:00pm

Bid Due Date and Public Bid Opening: September 29, 2026, 10:00am

Public Bid Opening: Greater Dayton RTA will be hosting a public bid opening for this project at 4 S Main Street., Dayton, OH 45402. Bids will be opened on Tuesday, September 29, 2026 at 10:00 am. Attendance is not required, but if you plan on attending, please arrive at least ten minutes prior to the time of the bid opening. Bids are required to be submitted via OpenGov and paper or emailed bids will not be accepted.

All bids and related documents shall be subject to a financial assistance contract between the RTA and the United States Department of Transportation under the Urban

Mass Transportation Administration Act of 1964, as amended, terms and conditions established under the Act will apply. All bidders will be required to certify they are not on the U.S. Comptroller General's Consolidated list of ineligible contractors. Manufacturers appearing on said list will be considered ineligible.

RTA hereby notifies all bidders that, in regard to any contract entered into pursuant to this procurement, advertisement or solicitation, disadvantaged business enterprises will be afforded full opportunity to submit bids in response and will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award.

DBE Participation: It is the policy of the Department of Transportation (DOT) that

DBEs, as defined in 49 CFR, parts 23 and 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. RTA welcomes DBE participation regardless of whether there is a DBE requirement. The DBE requirement for this project is 0%.

Please Note: This procurement package and any addenda are available on OpenGov, https://procurement.opengov.com/portal/greaterdaytonrta. In order to ensure that you receive all updates and addenda, please be sure to follow this project on OpenGov.

Should you have any questions or comments concerning the procurement, please submit through the Q&A Section of the posting on OpenGov prior to the due date and time for questions.

Sincerely, Priyanka Nath

Purchasing Agent

SCOPE OF WORK & SPECIAL CONDITIONS

SCOPE AND TECHNICAL SPECIFICATIONS

1. PURPOSE

The Greater Dayton Regional Transit Authority (RTA) is soliciting bids for the purchase, delivery, installation, commissioning, and training associated with one (1) large parts washer for RTA's Maintenance Facility located at 600 Longworth Street, Dayton, Ohio 45402.

The Better Engineering Products Purifier Model RD-4000 Parts Washer is the preferred unit and basis of design for this procurement. RTA will consider an Approved Equal that meets or exceeds the specified unit's functionality, performance, capacity, and capabilities.

2. BASE EQUIPMENT

The successful Bidder shall furnish one (1) new, unused Better Engineering Products Purifier Model RD-4000 Parts Washer or RTA-approved equal.

https://procurement.opengov.com/portal/greaterdaytonrta

The equipment shall include the manufacturer's standard features and components necessary for normal and intended operation.

The unit shall be suitable for RTA's maintenance application.

The parts washer shall be configured and wired for:

1. 460/480 VAC

2. Three-phase (3PH)

The Bidder shall identify the electrical requirements of the proposed equipment with its Bid.

3. BASIS OF DESIGN AND APPROVED EQUAL

The basis of design for this procurement is the:

Better Engineering Products Purifier Model RD-4000 Parts Washer

RTA will consider an Approved Equal provided the proposed equipment meets or exceeds the full functionality, performance, capacity, and capabilities of the specified unit.

The use of the manufacturer's name and model number establishes the basis of design and intended equipment for this procurement and is not intended to restrict competition to a particular manufacturer.

A Bidder proposing an Approved Equal shall provide sufficient manufacturer's technical documentation to allow RTA to determine compliance with this specification.

RTA reserves the right to determine whether a proposed alternate or equal meets the requirements of this solicitation.

4. APPROVED EQUAL SUBMITTALS

Bidders proposing an Approved Equal shall submit manufacturer's product literature and technical information prior to the final date for questions specified below and in the project timeline.

The required approved equal document should be submitted to the email pnath@greaterdaytonrta.org The submission should contain sufficient detail to allow RTA to evaluate the proposed equipment.

Any request for approved equals (RFAE) must be submitted by Monday, September 21, 2026, submitting the RFAE with bid will not be considered.

The documentation shall identify, as applicable:

1. Manufacturer;

2. Model number;

3. Equipment specifications;

4. Equipment dimensions;

mailto:pnath@greaterdaytonrta.org

5. Capacity;

6. Electrical requirements;

7. Standard features;

8. Available options;

9. Controls and instrumentation;

10. Installation requirements;

11. Utility requirements;

12. Safety information; and

13. Warranty information.

RTA may request additional information or clarification necessary to evaluate proposed Approved Equal.

5. OPTIONAL EQUIPMENT

RTA may elect to purchase one or more of the following optional items based on cost and/or operational needs.

The following items shall be offered and priced separately in the OpenGov pricing section:

1. Automatic Water Fill

2. Oil Skimmer

3. In-Line Strainer

4. Conducting Meter

5. Chemical Dosing

6. Oscillating Spray Manifold

7. "ZX" Upper Parts Basket

8. ARC-11 Fresh Rinse Cycle

9. RGB Air Drying System

Each optional item shall be listed separately so that RTA may select any, all, or none of the options.

Optional items shall not be included in the Base Bid unless specifically stated otherwise in the solicitation.

The Bidder shall identify the manufacturer's part number or model number for each optional item offered, when applicable.

6. INSTALLATION LOCATION

The new parts washer will be installed at:

Greater Dayton Regional Transit Authority 600 Longworth Street Dayton, Ohio 45402

The installation area is located in the non-revenue area of the facility at the existing location of the current parts washer.

1. The existing installation area has sufficient space for the proposed equipment and provides clearance for normal operation, loading and unloading, maintenance, and access to equipment components.

2. The installation area has a concrete floor.

3. The new parts washer should not be anchored to the floor.

4. There are no known obstructions in the immediate installation area that would prevent delivery or installation.

7. SITE ACCESS AND DELIVERY

1. The successful Bidder shall coordinate delivery with RTA prior to shipment.

2. Delivery shall generally occur during RTA's normal business hours.

3. The equipment may be brought into the facility through the existing bus garage entrance.

4. There is no loading dock available for this installation.

5. RTA has a forklift and pallet jacks available and will assist with unloading.

6. The Bidder shall be responsible for determining the appropriate method of moving the equipment from the delivery point to the installation location.

7. If special rigging, material-handling equipment, or other specialized equipment is required for delivery or installation, the Bidder shall provide and include the cost of such equipment and services in its Bid.

8. The Bidder shall coordinate delivery and installation activities with RTA to avoid interference with RTA operations.

8. EXISTING PARTS WASHER

RTA will be responsible for the removal and disposal of the existing parts washer.

Removal, dismantling, hauling, and disposal of the existing parts washer are not included in the Bidder's scope of work. RTA will remove the existing equipment and make the installation area available for the successful Bidder prior to installation of the new equipment. The successful Bidder shall coordinate its installation schedule with RTA.

9. ELECTRICAL REQUIREMENTS

1. Existing 460/480 VAC, three-phase electrical service is available at the installation location.

2. An existing electrical disconnect is available for the parts washer.

3. RTA will provide electrical service to the existing electrical disconnect.

4. The successful Bidder shall be responsible for making the final electrical connection from the existing disconnect to the new parts washer and for completing the necessary downstream of the designated connection point for proper operation of the equipment.

5. The cost of this work shall be included in the Base Bid.

6. No new electrical circuit or disconnect is anticipated.

7. The Bidder shall identify any electrical requirements of the proposed equipment that differ from the existing available service.

10. WATER SUPPLY

1. A dedicated water supply is available at the existing parts washer location.

2. The existing water connection is approximately 3/4-inch.

3. The available water pressure has not been verified.

4. The parts washer should use cold water, with the equipment heating the water as required for operation.

5. RTA will provide water to the existing designated connection point.

6. The successful Bidder shall connect the new parts washer to the existing water supply and provide the necessary downstream connections, fittings, hoses, valves, and related installation materials required for the proposed equipment.

7. Any water requirements that cannot be accommodated by the existing connection shall be identified by the Bidder with its Bid.

11. WASTEWATER AND DRAINAGE

1. An existing floor drain is located in the installation area.

2. The existing floor drain discharges to an oil-water separator.

3. The new parts washer shall not discharge wastewater into the floor drain or any facility drain.

4. The parts washer shall be self-contained with respect to wastewater generated during normal operation.

5. No dedicated facility drain connection shall be provided for the parts washer.

6. The Bidder shall identify any manufacturer's requirements related to wastewater management, servicing, or disposal with its Bid.

12. VENTILATION AND EXHAUST

1. An existing exhaust stack is available at the installation location.

2. The current parts washer uses the existing exhaust arrangement for steam.

3. Exhaust fans are present in the area.

4. If the proposed parts washer requires an exhaust connection, the successful

Bidder shall connect the equipment to the existing exhaust stack.

5. No new exhaust system is anticipated.

13. COMPRESSED AIR

1. Compressed air is available in the shop at approximately 120 PSI.

2. The successful Bidder shall provide the connection from the designated RTA connection point to the equipment and include the necessary downstream connection in its installation price.

14. CHEMICAL REQUIREMENTS

1. The successful Bidder shall provide the initial cleaning chemical required for startup and operation of the equipment.

2. The Bidder shall identify the manufacturer's recommended cleaning chemical and provide applicable chemical compatibility information.

3. The Bidder shall use the manufacturer's recommended chemical for the proposed equipment unless otherwise approved by RTA.

If the Chemical Dosing option is selected, chemical containers shall be located in the same general area as the parts washer.

The successful Bidder/manufacturer shall perform the initial chemical setup and calibration, as applicable to the proposed equipment.

15. SITE CONDITIONS AND SITE REVIEW

1. RTA has reviewed the installation area and does not anticipate facility modifications to accommodate the new equipment.

2. Bidders may inspect the installation location following the Pre-Bid Meeting / Site Visit.

3. Bidders are responsible for determining conditions that may affect their work.

4. Failure of a Bidder to inspect the site shall not relieve the Bidder of responsibility for conditions that could reasonably have been identified through a site review or clarification request.

16. INSTALLATION AND COMMISSIONING

The successful Bidder shall provide complete installation and commissioning of the new parts washer.

The Bidder shall provide all labor, tools, equipment, materials, connections, accessories, and services necessary for installation and commissioning, except for items specifically identified as an RTA responsibility.

The successful Bidder shall:

1. Coordinate delivery with RTA;

2. Deliver the equipment to the designated location;

3. Assist with positioning and placement of the equipment;

4. Assemble and install the equipment;

5. Make the required electrical connection from the existing disconnect;

6. Make the required water connection from the existing water supply;

7. Make the required exhaust connection to the existing exhaust stack, if applicable;

8. Make the required compressed-air connection, if applicable;

9. Complete the manufacturer's required installation;

10. Configure the equipment for operation;

11. Perform the manufacturer's recommended startup procedures;

12. Provide the initial cleaning chemical;

13. Perform initial chemical setup and calibration, as applicable;

14. Test the equipment for proper operation;

15. Correct installation or operational deficiencies; and

16. Demonstrate successful operation to RTA personnel.

17. TRAINING

The successful Bidder shall provide training at no additional cost to RTA.

Training shall be provided to RTA maintenance personnel, appropriate staff, and end users designated by RTA.

Training shall include, as applicable:

1. Normal equipment operation;

2. Startup and shutdown procedures;

3. Control operation;

4. Loading and unloading procedures;

5. Recommended cleaning chemicals;

6. Chemical handling;

7. Water management;

8. Routine maintenance;

9. Filter and strainer maintenance;

10. Oil removal, if applicable;

11. Troubleshooting;

12. Safety procedures; and

13. Manufacturer-recommended operating practices.

Training should be sufficient to enable RTA personnel to safely and effectively operate and maintain the equipment.

18. OPERATION AND MAINTENANCE DOCUMENTATION

Successful Bidder shall provide available manufacturer's documentation with the equipment.

Documentation shall include, as applicable:

1. Operator's manual;

2. Maintenance information;

3. Parts information;

4. Electrical schematics;

5. Equipment specifications;

6. Recommended preventive maintenance information;

7. Operating procedures;

8. Troubleshooting information;

9. Warranty documentation; and

10. Manufacturer contact information for technical support.

Documentation shall be provided electronically when available. One hard copy shall also be provided with the equipment.

19. BIDDER SUBMITTALS

Each Bidder shall submit the following with its Bid:

1. Completed OpenGov pricing schedule;

2. Manufacturer name;

3. Equipment model number;

4. Manufacturer's product literature;

5. Technical specifications;

6. Electrical requirements;

7. Equipment dimensions;

8. List of standard features;

9. List of optional equipment;

10. Installation requirements;

11. Utility requirements;

12. Delivery lead time;

13. Warranty information;

14. Training information; and

15. Approved Equal documentation, if applicable.

The Bidder shall identify any requirements of the proposed equipment that differ from the existing site conditions described in this specification.

20. EXCEPTIONS AND DEVIATIONS

The Bidder shall clearly identify any exception, deviation, qualification, or exclusion to the requirements of this solicitation.

A general statement that the Bidder's equipment is "equal to" or "similar to" the specified equipment shall not be sufficient to demonstrate compliance.

Failure to identify an exception or deviation may result in the Bidder being held responsible for meeting the stated requirement without additional cost to RTA.

21. RTA RESPONSIBILITIES

RTA will be responsible for:

1. Providing access to the designated installation area;

2. Removing the existing parts washer;

3. Disposing of the existing parts washer;

4. Making the installation area available for the new equipment;

5. Providing 460/480 VAC, three-phase electrical service to the existing electrical disconnect;

6. Providing water to the existing designated water connection point;

7. Providing compressed air to a designated connection point if required by the proposed equipment;

8. Providing reasonable facility access for delivery and installation;

9. Assisting with unloading using available facility equipment; and

10. Coordinating facility access with the successful Bidder.

The successful Bidder shall remain responsible for the work specifically assigned to the Bidder under this Scope of Work.

22. COMPLETE AND OPERATIONAL SYSTEM

1. The successful Bidder shall furnish a complete and operational new parts washer system.

2. Any component, accessory, control, connection, or service reasonably necessary for the safety, reliability, and intended operation of the new equipment, and not specifically identified as an optional item or RTA responsibility, shall be included in the Base Bid.

3. Removal, dismantling, hauling, and disposal of the existing parts washer are specifically excluded from the Bidder's scope of work and shall be performed by

RTA.

4. The Bidder shall clearly identify any other exclusions from its Base Bid.

23. ACCEPTANCE

The equipment shall be considered ready for acceptance after:

1. Delivery is complete;

2. Installation is complete;

3. Required connections are complete;

4. Startup and commissioning are complete;

5. The training required has been completed;

6. The equipment has demonstrated proper operation; and

7. Any deficiencies identified by RTA during installation, commissioning, or demonstration have been corrected.

Contract Terms (Requirements Contract)

1. Contract Pricing

This is a fixed price contract. All prices offered and accepted are firm for the duration of the contract. Contractors may not change or negotiate contract prices. Except as provided in this contract, no special fees or expenses shall be charged directly to the

RTA.

2. Contract Duration

The duration or term of this contract shall be for twelve (12) months. RTA reserves the right to award this contract to one or more contractors.

The Greater Dayton Regional Transit Authority may extend the term of this contract by written notice to the Contractor within 30 days, provided that the RTA shall give the

Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the RTA to an extension. If the

RTA exercises this option, the extended contract shall be considered to include this option provision. The total duration of this contract, including the exercise of any options under this clause, shall not exceed twelve (12) months.

INSTRUCTIONS TO BIDDERS

Greater Dayton RTA Background

History

RTA is an independent political subdivision of the State of Ohio organized pursuant to

Ohio Revised Code Section 306.30 through 306.71, inclusive, as amended.

The RTA was created on September 6, 1971, pursuant to the Revised Code, by ordinances of the Councils of the City of Dayton and the City of Oakwood. After completing the purchase of the assets of City Transit, the major privately owned public transportation system in the area, the RTA became operational on November 5, 1972.

In September 1980, after the approval in the preceding April by the voters of the County of a one-half percent sales and use tax of unlimited duration for all purposes of the RTA, the boundaries of the RTA were extended to be co extensive with the boundaries of

Montgomery County and parts of Greene County.

Governing Body

All power and authority of the RTA is vested in and exercised by its nine (9) member

Board of Trustees.

Bid Submission Instructions

The Greater Dayton Regional Transit Authority, hereinafter called "RTA", requests bids for Large Parts Washer, hereinafter called "above-named project" or by the specific project name, under the following requirements and conditions, which shall be considered an essential part of the contract documents.

1. Submission and Modification

Submissions are due electronically by 10:00 am, Dayton (Eastern) time on Tuesday, September 29, 2026, through OpenGov. Any submission received after the exact date and time specified will not be considered.

Submissions may be modified online through OpenGov prior to the due date and time by unsubmitting a bid or proposal and making modifications and then re-submitting.

In addition, any costs incurred while preparing a bid or proposal submission, including site visits, will not be reimbursed by RTA.

2. Questions and Clarifications

All questions and clarifications must be submitted through the Q&A Section of the project on OpenGov by Monday, September 21, 2026.

Any new or relevant information given to any one contractor will be furnished to all contractors as addenda to this procurement.

3. Administration of Sealed Bids

1. Sealed bids shall be submitted through the appropriate project in the official

Greater Dayton RTA OpenGov site prior to the advertised due date and time. At which time the bids will be publicly opened at 4 S Main St., Dayton, OH 45402 in the 8th floor conference room. Any bid received after the time referred to will not be considered. Any bid received and opened may not be withdrawn by the bidder for sixty (60) days from the date on which the bids were opened.

2. Because bids and offers can at times be ambiguous, the RTA reserves the right to request additional information before making an award. The RTA also reserves the right to seek clarification from any bidder or offeror about any statement in its bid or proposal that the RTA finds ambiguous.

3. The RTA reserves the right, as the interests of the RTA may require, to postpone, accept or reject all bids and to waive defects or irregularities in bids received and to award a contract(s) in the best interest of the RTA.

4. In determining the successful bidder, consideration will be given to the price, the experience of the bidder, responsibility of the bidder including financial responsibility, responsiveness to these specifications, and the bidder's record as an equal opportunity employer.

5. All bids submitted are subject to instructions and general conditions, and any special conditions and specifications contained herein, all of which are made a part of this bid by reference and constitute the contract documents and shall become a part of any agreement and/or purchase order between the RTA and the successful bidder.

4. Contract Award

Contract awards are based on the lowest responsive and responsible bidder as determined by the Greater Dayton Regional Transit Authority (RTA). The RTA reserves the right, as the interests of the RTA may require, to postpone, accept or reject all bids and to waive defects or irregularities in the bids received. In awarding a contract(s), the

RTA reserves the right to consider all elements entering the determination of the responsibility of the bidder. Any bid which is incomplete, conditional, obscure, or which contains additions not called for or irregularities of any kind, may be cause for rejection of the bid.

Contract(s) for the purchase of goods and/or services will be awarded within sixty (60) calendar days from the date upon which bids were opened to the lowest bidder RTA deems responsive and responsible. The successful bidder will be required to execute the attached contract within five (5) calendar days after notification of award.

In the event a single bid is received, the RTA will conduct a price and/or cost analysis of the bid. Price analysis is the process of examining and evaluating a price submitted without examining in detail the separate cost elements and the profit included in the cost bid. It should be recognized that a price analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantities and involving similar specifications. Where a difference exists, a detailed analysis must be made of this difference and costs associated thereto. RTA has the right to enter into a negotiated procurement should only a single bid be received. Where it is impossible to obtain a valid price analysis, it may be necessary for the RTA to conduct a cost analysis of the bid price.

5. Funding

The proposed contract shall be funded in part from the Federal Transit Administration

(FTA) and the Ohio Department of Transportation (ODOT). Each vendor shall examine all contract documents noting particularly all requirements, which will affect the contractor's work.

6. Specified Material and "Approved Equals"

1. Contractors shall furnish with their submission, as an integral part thereof, complete descriptions and specifications of the product they propose to furnish.

When the descriptions and specifications of the product meet the description and specifications provided in the solicitation document, no additional submission is required.

2. Where brand names or specific items or processes are used in the specifications, consider the term "or approved equal" to follow. However, a request for approval for any proposed substitution as an equal must be submitted in writing.

3. For all items listed and which are described or defined by dimensions or another measure of physical characteristics or performance, it is understood that such information indicates the character of the required items and so strict interpretations with respect to nonessential details shall not be made as to limit competition among manufacturers of substantially equivalent items.

A. Whenever this specification defines the material or article required by using a proprietary product or of a manufacturer or vendor, rather than by using descriptive detail of substance and function, the term "or equal" always is understood to follow immediately the name of the make, vendor or proprietary product. An item of material shall be considered equal to the item so named in the specifications if: (1) it is at least equal in quality, durability, appearance, strength, and design; (2) it will perform at least equally the function imposed by the general design for the material or equipment being purchased; and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in this specification.

B. Whenever in this specification the names of one or more manufacturers are mentioned as indicating that their product will comply with a particular specification or where specific trade names are mentioned, it is not intended to exclude products of other manufacturers whose names or symbols have not been provided, only however, that such products conform to the detailed requirements for the item as indicated in the specifications.

4. Bidders and Proposers shall be responsible for providing the RTA with information in the latest applicable revision of any part or process specifically called for in the specifications for consideration.

5. Only standard parts of units that conform in material, design, and workmanship to the best procedure known in the industry shall be used. No reconditioned or obsolete parts shall be used. All parts shall be identical and interchangeable in its class. All manufactured articles, material, and equipment shall be applied, installed, connected, erected, used, cleaned, adjusted and conditioned as directed by the manufacturer unless herein specified to the contrary.

7. Requesting an Approved Equal

To request an approved equal, contact Priyanka Nath at pnath@greaterdaytonrta.org prior to the final date for questions and clarifications which is Monday, September 21, 2026. Any request for approved equal must include a formal product sheet that lists all relevant specifications that are included in the scope of work of this project. If there are required specifications that are not addressed or the proposed equal has insufficient specifications, the proposed equal will not be approved.

8. Protest Procedures

RTA will hear and consider a sustainable protest regarding its procurement actions in accordance with the below procedures. Due to the significantly limited role of FTA in protests, it is anticipated that the majority of all protests will be evaluated, and the final decision rendered by RTA. RTA intends to provide a thorough review of all sustainable protests. The RTA's primary concern is the timely procurement of needed capital equipment, supplies, or services. Therefore, it does not intend to allow the filing of bid or proposal protests to unnecessarily delay the procurement process.

DEFINITIONS

1. Protest: A protest is a written objection by a potentially interested party to a solicitation or award of a contract over the small purchase threshold. An interested party must be an actual or prospective bidder or proposer whose direct economic interest would be affected by the award or failure to award the applicable contract in accordance with FTA Circular 4220.1.

2. Pre-Submission: A written objection is made during the solicitation phase and is received before the bid opening or proposal due date.

3. Pre-Award: A written objection is made before an award and is received after the bid opening or proposal due date, but before award of the contract.

4. Post-Award: A written objection made by an unsuccessful offeror and received after the Board approves award of the contract.

SUBMITTAL PROCESS

1. Before Protest

The contractor should contact or make an appointment with the solicitation’s procurement representative to resolve any issues.

2. Filing a Protest

Protests may be filed during the following:

A. Solicitation phase must be submitted no later than five (5) business days before the closing of said solicitation. If the protester fails to meet this deadline, protests based on those solicitation issues may not be allowed.

B. Pre-award must be received no later than five (5) business days after the bid opening or proposal due date.

C. Post-award must be received at least five (5) business days after the Board approves contract award.

3. Protest Submittals

Protest shall include, at a minimum:

A. The name and address of the protesting party and its relationship to the procurement are sufficient to establish that an interested party is filing the protest.

B. Identity of the contact person for the protester, including name, title, address, telephone, fax, and e-mail addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party.

C. The name and number of the solicitation or contract.

D. A description of the nature of the protest, referencing the portion(s) of the solicitation involved.

E. Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based.

F. A complete discussion of the basis for the protest, including all supporting facts, documents, or data.

G. A statement of the specific relief requested.

H. State if an informal conference is wanted to discuss the protest with RTA.

I. Submit the protest in writing by certified mail or another delivery method by which receipt can be verified and address it to:

Director of Procurement

Greater Dayton Regional Transit Authority

4 S. Main StreetDayton, OH 45402

4. Protest Determination

A. Director of Procurement or designee will review the protest submittal to determine if sustainable.

B. If not sustainable, the protester will be notified in writing within ten (10) business days of receipt of the protest.

C. If sustainable and an informal conference is requested, the protester will be notified in writing of the location and time within three (3) business days of such notice.

D. A decision will be made in writing and sent to the protester within ten (10) business days after receipt of the protest. Such a decision is final.

5. Request for Reconsideration

A. The protester shall deliver the request to the Chief Executive Officer (CEO) with a copy to the Director of Procurement within five (5) business days of receipt of the initial decision. The request shall state the reason(s) why the decision should be reconsidered and any information to support such a position.

B. The CEO shall review and decide on the request for reconsideration and issue a written decision to the protester within ten (10) business days of receipt of the request. Such a decision is final.

9. Confidentiality of Submissions

The RTA will be exempt from disclosure of proprietary information, trade secrets, and confidential commercial and financial information submitted. Any such proprietary information or confidential commercial or financial information that the contractor believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket type identification by designating whole pages or sections as containing proprietary information, trade secrets, or confidential commercial or financial information will not assure confidentiality. The specific proprietary information, trade secrets, or confidential commercial and financial information must be clearly identified as such.

10. Trade Secret Notification

Under Ohio Law, a bid or proposal document may be a public record unless it meets an exception under the Public Records Law. One such exception is trade secrets and are treated with confidentiality. However, the contractor must notify the RTA in all of their submitted documents as to which portions of their submission constitute trade secrets and are to be treated as confidential. It is the responsibility of the submitting party to mark those parts of the submission which you wish to have treated as confidential.

While this does not assure that these portions of the document will constitute a trade secret and be exempt from public records requests under Ohio Law, in the absence of notice from you to us that those documents are to be treated as trade secrets and to be held confidential, they will be made available to the public upon a public records request unless another exception applies to exempt them from disclosure.

Terms & Conditions

The Greater Dayton RTA's General Terms and Conditions are attached to this solicitation in Attachment A.

FTA CLAUSES

Contractor shall comply with the following Federal Transit Administration (FTA) requirements. For purposes of these clauses, the RTA is the FTA recipient that is entering the Contract with the Contractor.

No Federal Government Obligation to Third Parties

The RTA and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the RTA, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

Incorporation of FTA Terms

The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, and are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the contract.

Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the RTA that would cause the RTA to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.

Program Fraud & False Statements or Related Acts

Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program

Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Project.

Upon execution of the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the Contract or the FTA-assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of

1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with

Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter

53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and

49 U.S.C. § 5323(l) on Contractor, to the extent the Federal Government deems appropriate.

Contractor shall include the above two paragraphs in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Access To Records, Reports, & Sites

Record Retention. Contractor shall retain and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.

Retention Period. Contractor shall comply with the record retention requirements in accordance with 2 CFR § 200.333. Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at least three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

Access to Records. Contractor shall provide sufficient access to the U.S. Secretary of

Transportation, the Comptroller General of the United States, FTA, the RTA, and their duly authorized representatives to inspect and audit records and information related to performance of this contract as reasonably may be required.

Access to the Sites of Performance. Contractor shall permit FTA, the RTA, and their duly authorized representatives' access to the sites of performance under this Contract as reasonably may be required.

Federal Changes

Contractor shall at all times comply with all applicable federal laws, regulations, requirements, policies, procedures, guidance, and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the RTA and the FTA, as they may be amended or promulgated from time to time during the term of the Contract. Contractor’s failure to so comply shall constitute a material breach of the

Contract.

Civil Rights

Contractor must prohibit: (a) discrimination based on race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age; (b) exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332; (c) denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; and (d) discrimination identified in

49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.

Contractor must follow the most recent edition of FTA Circular 4702.1, “Title VI

Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.

However, FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its agreement supported with federal assistance under the Tribal Transit Program.

Contractor must comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42

U.S.C. § 2000d, et seq.; (b) U.S. DOT regulations, “Nondiscrimination in Federally-

Assisted Programs of the Department of Transportation – Effectuation of Title VI of the

Civil Rights Act of 1964,” 49 CFR Part 21; and (c) Federal transit law, specifically 49

U.S.C. § 5332; and

Contractor must follow: (a) the most recent edition of FTA Circular 4702.1, “Title VI

Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance;

(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28

C.F.R. § 50.3; and (c) all other applicable federal guidance that may be issued.

Equal Employment Opportunity

1. Federal Requirements and Guidance. Contractor must prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must also comply with: (a) Title VII of the Civil Rights Act of

1964, as amended, 42 U.S.C. § 2000e, et seq.; (b) Title I of the Americans with

Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (c) Executive

Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42

U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (d) federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master

Agreement; and (e) FTA Circular 4704.1 “Equal Employment Opportunity (EEO)

Requirements and Guidelines for Federal Transit Administration Recipients.”

Further, Contractor must follow other federal guidance pertaining to EEO laws, regulations, and requirements.

2. Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), Contractor must take affirmative action that includes but is not limited to: (a) recruitment advertising, recruitment, and employment; (b) rates of pay and other forms of compensation; (c) selection for training, including apprenticeship, and upgrading;

and (d) transfers, demotions, layoffs, and terminations.

3. Indian Tribe. Contractor recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”

Free Speech & Religious Liberty

All Federal funding must be expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, and the environment.

Disadvantaged Business Enterprises Requirements

It is the policy of the RTA and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the

Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the RTA deems appropriate, which may include, but is not limited to:

• Withholding monthly progress payments;

• Assessing sanctions;

• Liquidated damages; and/or

• Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. §

26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the RTA makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the RTA’s written consent; and that, unless the RTA’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49

C.F.R. § 26.53(f) (1).

Prompt Payment

The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.

The contractor must promptly notify the RTA, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of RTA.

Energy Conservation

Contractor shall comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §§ 6321 et seq.).

Safe Operations of Motor Vehicles

Seat Belt Use. Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated vehicles. The terms

“company-owned” and “company-leased” refer to vehicles owned or leased either by

Contractor or RTA.

Distracted Driving. Contractor shall adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this

Contract.

Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in

Federal Acquisition Regulation 2.101 on the date of subcontract award.

Contractor Policies To Ban Text Messaging While Driving

Definitions. As used in this clause: (1) "driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise (note: "driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary); and (2) “text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication (note: “text messaging” does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park).

Executive Order. This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009.