MTA BUS BID PRB224569.pdf

Bid Quotation Sheet – single item Revision Date: 04/16

Bid/Contract No. PRB 224569 Advertise Date: May 5, 2022 PROCUREMENT REPRESENTATIVE: Gregg Moses Bid Opening Date: May 26, 2022

TELEPHONE 718-888-6224

MTA BUS COMPANY (MTABC), a subsidiary of the Metropolitan Transportation Authority, hereby solicits a quotation to purchase the following material

Item Quantity Description Unit Price Extended Price 1 1,200

Ea MTABC Stock Number: 83-17-0041 Description: Dehydrator, Refrigerant Drier Part: Thermo King 61-600 Orion E1340571AB New Flyer Co 6347681 Please circle the part # above on which you are quoting.

All prices quoted must be FOB Delivered prices. Payment terms Net 30, unless otherwise indicated.

Length of contract(s): 15 months from issue date of master contract

Insert start-up time here ___________ days (max. 90 days).

Please Note: A Bid quoting a start-up time greater than 90 days will be declared non-responsive.

NOTE: A Bid quoting no start-up time shall be interpreted as no start-up time is required.

MTA Bus Company does not require all material to be delivered at one time. After notification of award, deliveries will be made to the requesting MTABC Depot within 14 days after start-up time and issuance of purchase order release.

Bidders are advised to complete and return this bid quotation sheet with your complete and executed bid.

Bidders who fail to meet this requirement may be determined by MTA Bus Company to have submitted a non-responsive bid and have such bid be rejected.

Vendor Name: _______________________________________________________________________

Quoted by: ___________________________ _________________________________ Printed Name Signature

Date: ________________________________________________________________________

Bid Quotation Sheet

Gross Sum Bid

Contract Department 128-15 28th Avenue Maintenance Building, 2nd Floor Flushing NY 11354

Bid Quotation Sheet – single item Revision Date: 04/16

This bid solicitation package consists of the following documents:

1. Bid Quotation Sheet Dated 04/16

2. Important Notice to Bidders Dated 07/14

3. Information for Bidders Dated 07/14

4. Contract Terms and Conditions Dated 04/16

5. Bid Dated 07/14

6. Estimated Quantity Contract Terms and Conditions Dated 10/11

7. Schedule G: Rider To Contract Documents Dated 11/09

8. Schedule H: Executive Order 177 Certification Dated 06/18

8. Schedule J: Responsibility Questionnaire Dated 08/12

9. Schedule M: Utilization of Contract by other

Agencies Dated 01/08

10. Schedule N: Non-Bidders Response Form Dated 01/08

11. Schedule O: Storeroom Delivery Information Dated 08/12

12. Schedule S: Iran Energy Sector Divestment Dated 01/14

Certification

13. Schedule T Service-Disabled Veteran-Owned

Business Dated 05/17

14. Schedule V: MTA Vendor Code Of Ethics Certification of Compliance

Dated 07/14

15. Schedule W: Compliance with NYS State Finance Law Sections 139-J and 139-K (“Lobbying Law”)

Dated 01/08

16. Package 1 – Minority/Women-Owned Business Enterprise, No (“M/WBE”) Goals

Dated 03/12

17. Attachment 1: MTABC Observed Holidays Dated 11/09

Bidders are responsible for ensuring that they have received all bid solicitation documents and must acknowledge all addenda in their bid. Bidders are reminded to examine all documents carefully before submitting a bid quotation. If any of the documents referenced above are missing from this package, contact the procurement representative shown above.

The following documents must be returned with your bid quotation:

1. Section entitled “Bid,” Dated 07/14, pages 1-14 inclusive.

Bidders are reminded to examine each page carefully and Execute/Sign all sections that apply to this solicitation.

2. The bid quotation sheet(s) (Original or exact duplicate):

State on the bid quotation sheet(s) the unit price and the extended price for each item listed and, if required, answer any questions or fill in any blanks.

Note: If more than one manufacturer and part number is indicated in bid please circle the manufacturer and respective part number on which you are quoting.

3. Schedule H – as required on all bids, Dated 6/18

4. Schedule J – as required on bids greater than $250,000, Dated 08/12.

5. Schedule S – as required on all bids, Dated 01/14.

6. Schedule V – as required on all bids, Dated 07/14.

7. Schedule W – Compliance with NY State Finance Law Sections 139-J and 139-K (“Lobbying Law”), Dated 1/08.

Contract Department 128-15 28th Avenue Maintenance Building, 2nd Floor Flushing NY 11354

7/14 Purchase Contract

IMPORTANT NOTICE TO BIDDERS

PRB224569

MTA BUS COMPANY IMPORTANT NOTICE TO BIDDERS

7/14 Purchase Contract Page i

The attention of all bidders and prospective bidders is hereby drawn to important provisions relating to the following requirements:

CHANGES TO CONTRACT DOCUMENTS

Bidders are cautioned to read the contract documents carefully as there have been significant changes to the language especially relating to the submission of bids and MWBE issues.

NEW YORK STATE LOBBYING LAW OF 2005

Chapter 1 of the Laws of 2005, as amended by Chapter 596 of the Laws of 2005 (collectively referred to as the “Lobbying Law”), was signed into law by Governor George Pataki in August 2005. The Lobbying Law makes major changes to the Legislative Law and State Finance Law, which regulate lobbying on government procurement initiatives. In particular, the Lobbying Law creates two new sections in the State Finance Law: Section 139-j to address restrictions on “contacts” during the procurement process; and Section 139-k to address the disclosure of contacts and the responsibility of bidders and proposers during procurements. These sections are effective as of January 1, 2006.

SCHEDULE W, COMPLIANCE WITH NEW YORK STATE’S STATE FINANCE LAW

SECTIONS 139-j AND 139-k, is attached and made part of this solicitation package in compliance with the Lobbying Law. For additional information, all Bidders/Proposers are urged to contact the New York State Office of General Services at (518) 474-5607, or access their website:

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html.

NEW YORK STATE EXECUTIVE ORDER 134

In accordance with New York State Executive Order 134, the MTA Bus Company is encouraging its Contractors/Consultants and their Subcontractors/Subconsultants and Suppliers, to select and procure environmentally preferred cleaning products. For more detailed information, including lists of approved “green” products see the New York State Office of General Services website:

http://www.ogs.state.ny.us/bldgadmin/environmental/ProductLists.html.

REIMBURSEMENT OF RE-INSPECTION COSTS

Prospective bidders are advised to carefully review ARTICLE 44, REIMBURSEMENT OF RE- INSPECTION COSTS, of the CONTRACT TERMS AND CONDITIONS.

CONTRACTOR PERFORMANCE EVALUATION

Contractor performance will be evaluated by the Project Manager until completion or termination of the contract. The quality of contractor performance in a number of areas will be rated, at a minimum, as satisfactory, needs improvement, unsatisfactory, or not applicable. When evaluations are rated less than satisfactory, contractors will be notified. These notifications shall identify deficient areas in contract performance and afford the contractor the opportunity to correct or present its position concerning items that were reported to be deficient. Each Contractor Performance Evaluation with http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html http://www.ogs.state.ny.us/bldgadmin/environmental/ProductLists.html

MTA BUS COMPANY IMPORTANT NOTICE TO BIDDERS

7/14 Purchase Contract Page ii correspondence documenting deficient performance will be made available to the MTA and affiliated Agencies for use in the Determination of Contractor Responsibility on future contracts. Contractors that are determined to be not responsible will not be eligible for contract award.

POST-EMPLOYMENT RESTRICTIONS ON FORMER EMPLOYEES

The State Ethics in Government Act, specifically, Public Officers Law section 73(8), prohibits (subject to certain exceptions) former employees from working as consultants or contractors or as employees to consultants or contractors on MTA Bus Company (MTABC) projects for a period of two years from his or her separation from MTABC employment. In addition, such former employees are permanently barred from working on any matter with which that employee was directly involved while an MTABC employee. If you are a former MTABC employee or you are planning to include a former MTABC employee as a member of the project team on any Bid or Proposal, that former employee should call the State Ethics Commission, 1-518-432-8207, to determine whether the post-employment restrictions referenced above would bar the former employee's work on the project. For any former employee proposed for a project, we require a statement that his/her employment on the project is not prohibited by the Ethics in Government Act.

METROPOLITAN TRANSPORTATION AUTHORITY VENDOR CODE OF ETHICS

The Metropolitan Transportation Authority has revised its Vendor Code of Ethics (the “Code”), and all Bidders will certify in their Bid as per Paragraph M of the Bid regarding their receipt of the Code, that they will comply with its provisions, and will provide the Code to their employees and will obtain their employee acknowledgment of receipt. Additional information concerning these requirements is contained in Paragraph M. The revised Code has been included in the solicitation documents.

Rev. 7/14 Purchase Contract

INFORMATION FOR BIDDERS

MTA BUS COMPANY INFORMATION FOR BIDDERS

Rev. 7/14 Purchase Contract Page i

TABLE OF CONTENTS

Paragraph Page

1. RECEIPT OF BIDS

2. CONTRACT DOCUMENTS/BID SOLICITATION PACKAGE

3. SUBMISSION OF THE BID

4. GOODS TO BE FURNISHED OR WORK OR SERVICES TO BE PERFORMED

5. BRAND NAMES/SUBSTITUTION OF SPECIFIED MATERIAL

6. PRICING

7. DISCOUNTS

8. RESPONSIVE BIDS

9. UNBALANCED BIDS

10. AWARD PROCEDURE

11. ITEM AND CLASS AWARDS

12. BIDDER’S QUALIFICATIONS

13. SECURITY FOR PERFORMANCE

14. BID WITHDRAWAL

15. BID MISTAKE

16. BID SECURITY

17. DEFAULT REGARDING A BID

18. INSPECTION OF PROJECT SITE AND PRE-BID CONFERENCE

19. ADDENDA AND REQUEST FOR CLARIFICATION

20. OPPORTUNITIES FOR MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES

PROGRAM Goals

21. COMPLIANCE WITH LAWS, RULES AND REGULATIONS

22. PROMPT PAYMENT

23. BUY AMERICA STEEL PROVISIONS

24. BID PROTEST

25. OMNIBUS PROCUREMENT ACT OF 1992

26. RECYCLED PRODUCTS

27. QUALIFIED PRODUCTS LIST

28. QUALIFICATION OF CHEMICAL PRODUCTS

29. ASBESTOS CONTENT

30. METROPOLITAN TRANSPORTATION AUTHORITY VENDOR CODE OF ETHICS

Rev. 7/14 Purchase Contract Page 1

1. RECEIPT OF BIDS

A. The MTA Bus Company (hereinafter referred to as MTABC) hereby solicits bids for the furnishing of the goods and/or services described in the Bid Quotation Sheet attached hereto.

Bids may be submitted in person to the Procurement Representative located at the College Point Depot Maintenance Building, 128-15 28th Avenue, Flushing, NY 11354, Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., excluding holidays observed by MTABC. Bids will be accepted up until the time and date indicated in the bid quotation sheet, at which time the Bid will be publicly opened (hereinafter, the “Bid Opening”).

B. If additional time is required to bid, the potential Bidder should submit a written request to the

Procurement Representative to obtain such additional time. MTABC will be the sole judge of whether a time extension will be granted.

C. Bids received after such time will be considered late and will not be considered for awards, except as otherwise permitted under MTABC written procurement procedures.

D. MTABC is responsible for all matters related to this solicitation/procurement and has designated an individual (the “Procurement Representative”) as the “Point of Contact” to administer same. All contacts by the Bidder from solicitation inception through award shall be made only to such Procurement Representative.

2. CONTRACT DOCUMENTS/BID SOLICITATION PACKAGE

A. The Information for Bidders, the Bid (including the Bid Quotation Sheet), the Contract Terms and Conditions, the Special Terms and Conditions, all Schedules (excluding Schedule J, Responsibility Questionnaire), all Addenda (if any) issued, the Technical Specifications (if any), the Contract Drawings (if any), and the Acceptance and Order (Notice of Award) constitute the Contract and shall be referred to collectively as the “Contract” or the “Contract Documents.”

B. The Contract Documents, including Schedule J, Responsibility Questionnaire, if attached, and the Important Notice to Bidders, excluding the Acceptance and Order (Notice of Award), shall be referred to collectively as the “Bid Solicitation Package.”

3. SUBMISSION OF THE BID

A. A bid must be fully and properly completed and duly executed by a person with authority to legally bind the Bidder on the forms entitled “Bid” and “Bid Quotation Sheet” in accordance with the instructions set forth therein.

B. BIDDERS MUST RETURN THE BID (AND ALL REQUIRED FORMS) WHICH

INCLUDES THE BID QUOTATION SHEET IN ITS ENTIRETY. IN ADDITION,

BIDDERS MUST ATTACH COPIES OF EACH ADDENDUM ISSUED OR

OTHERWISE ACKNOWLEDGE RECEIPT OF EACH ADDENDUM AS INDICATED

IN THE BID. AN ADDENDUM WHICH CHANGES ANY PART OF THE BID

QUOTATION SHEET MUST BE ATTACHED OR THE CHANGE OTHERWISE

CLEARLY INCORPORATED ON THE BID QUOTATION SHEET. MTABC, in its sole

Rev. 7/14 Purchase Contract Page 2 and absolute discretion, may treat a failure to annex or acknowledge receipt of addenda or to attach any part of the Bid as a minor informality where the addenda or portion of the Bid, as the case may be, is determined by MTABC not to be substantive in nature.

C. In order to prevent misrouting or premature opening of Bids, the envelope in which the Bid is submitted (along with any other documents required by the Bid Solicitation Package to be submitted) must state on its face the Contract Number, Title, Bid Opening Date, Company Name and Address, and be sure to state the Building and Floor, (Maintenance Building., 2nd Floor).

1. If the bid envelope is in turn enclosed in a special courier pouch or Express Mail envelope, such pouch or envelope should be denoted as a “BID” and labeled with all the same information. The envelope should bear the name and return address of the Bidder.

2. Bidders may submit no more than one (1) bid in a Bid envelope, courier pouch or express mail envelope.

D. It is the Bidder’s responsibility to get its Bid to MTABC’s Reception Desk in time for the Bid

Opening. Bids will be regarded as timely only if they in fact reach the Procurement Representative before the time of the Bid Opening, regardless of the method of delivery.

1. Note: Due to the large volume of mail received at MTABC’s office address, Bids received in MTABC’s mailroom or other MTABC offices may not be sorted and transmitted to the Procurement Representative in time.

E. Depending on the method of delivery selected by the Bidder, the Bidder is to submit its Bid to

MTABC by sending the Bid package to one of the following addresses, as appropriate.

1. Delivery in Person, by Messenger, US Postal Service (including Postal Service Express Mail), or Private Express Courier: Bids delivered in this manner should be addressed and delivered to:

MTA Bus Company College Point Depot

Maintenance Building, 2nd Floor 128-15 28th Avenue Flushing, NY 11354

Attention: Gregg Moses

If a Bidder chooses to deliver its Bid to MTABC utilizing the USPS, Bidders are strongly advised to mail Bids to MTABC’s address with sufficient time to allow sorting at the USPS facility and delivery to MTABC by the Bid Opening Date.

F. Bids submitted in person, by messenger or by private express courier are accepted by the

Procurement Representative Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., excluding MTABC-observed holidays.

G. All Bids will remain sealed until the date and time specified for public Bid Opening.

Rev. 7/14 Purchase Contract Page 3

4. GOODS TO BE FURNISHED OR WORK OR SERVICES TO BE PERFORMED

A. If “Services” are the subject matter of this Contract they must be as specified in the Contract

Documents and include the services to be furnished, together with any labor, material or other work necessary for satisfactory performance.

B. If “Goods” are the subject matter of this Contract they must be as specified in the Contract

Documents and include the article to be furnished, together with any labor, service or other work necessary for satisfactory performance. Goods must be marked and packaged in accordance with U.S. Standard measurements and nomenclature, using the English language.

C. With respect to the Goods to be furnished hereunder, their quantities, delivery schedule, and delivery points are set forth in the Contract Documents and, unless otherwise specified, all Goods furnished to MTABC must be new and unused.

5. BRAND NAMES/SUBSTITUTION OF SPECIFIED MATERIAL

A. Wherever in the Contract Drawings or Specifications a particular brand, or make of material, or equipment is shown or specified, such material or equipment is to be regarded merely as a standard for the purpose of concisely indicating the requirements as to type, quality, performance, design and finish. Any material or equipment other than that specified will be acceptable if, in the opinion of MTABC, it is as satisfactory for the particular work for which it is intended as the material or equipment specified. Complete documentation in support of an “or equal” contention will be required. Bidders are obligated to furnish all data and information as MTABC in its discretion deems necessary to establish the equality of the alternative material or equipment. Any additional cost incurred by MTABC, other than for the initial review of documents submitted in connection with a request for approval of a proposed substitution, shall be borne by the requestor. MTABC may require that a presentation be made for any proposed substitution. MTABC reserves the right to reject any such other material or equipment offered which is not approved by MTABC as being in all respects equal to the named material or equipment for the work for which it is to be used. Such rejection may be for any reason deemed appropriate by MTABC including, without limitation, the expense and/or time needed to evaluate such material or equipment.

B. If Bidder desires to have an “or equal” approved, it shall notify MTABC, which shall thereupon advise the Bidder of any requirements for approval of such item including any required testing where appropriate. Unless there is a specific statement in the Contract Documents to the contrary, bidders are advised that requests for such approval of any alternative material or equipment may be made either prior to or after Bid Opening. If a request is made prior to Bid Opening, MTABC will endeavor to issue its approval of an alternate material or equipment by Addendum. In the case where pre-Bid Opening approval or disapproval has not taken place, the Bidder will not be permitted to withdraw its Bid on the basis of a claimed mistake in this regard.

C. The Bidder is obligated to furnish all data and information as MTABC in its discretion deems necessary to establish the equality of the alternative material or equipment. If the Bidder seeks reconsideration of any determination with respect to equivalency, MTABC shall have discretion

Rev. 7/14 Purchase Contract Page 4 to reconsider the matter. In the event of reconsideration the Bidder shall be obligated to pay all MTABC expenses in connection therewith.

D. MTABC shall be the sole judge of the acceptability of items offered as equal to that specified and may reject any item not considered as equal thereto. The Bidder must submit proof satisfactory to MTABC, including a non-returnable sample if requested by MTABC, that the item the Bidder offers is equal to the material or equipment specified in quality, performance and such other characteristics as MTABC may deem relevant.

E. MTABC may consider as evidence of equivalency an independent laboratory certification concluding that the Bidder’s proposed item meets or exceeds all requirements and standards, including performance criteria, of the particular brand or make of material or equipment specified by MTABC. The laboratory must be accredited by the American Association for Laboratory Accreditation or be otherwise acceptable to MTABC.

F. If the Bid Solicitation Package identifies an item as a chemical commodity, see Paragraph 28.

G. In instances where bidders can satisfactorily prove that they have provided a product equal to that specified herein, and which is used in an environment similar to the MTA Bus Company System with an acceptable record of quality and use, the product may be considered de facto approved subject to first article acceptance. The provisions of this subparagraph are not applicable to products which are on NYCT’s Qualified Products List, see Paragraph 27.

6. PRICING

A. ALL PRICES BID MUST BE FIRM, i.e., no price adjustments are allowed unless expressly permitted by the Bid Solicitation Package.

B. All bid prices shall include, without limitation, delivery charges, demurrage, insurance, packing, boxing, container charges or any other expenses incidental to the Work. All bid prices are deemed to be F.O.B. delivery point. Any bid other than F.O.B. delivery point or quoting additional charges or otherwise not in accordance with these requirements shall render the Bid nonresponsive.

C. All bid prices for the Work shall be deemed to include the cost of all work, labor and materials required by the Contract Documents, including all work necessary therefor or incidental thereto, as well as all expenses associated with compliance with laws, rules and regulations of Federal, State or local authorities.

D. Each prospective Bidder is advised that the provisions of the New York State Tax Law provide an exemption from sales and compensation use taxes on all tangible personal property (materials, equipment and components) sold to contractors or subcontractors in connection with the Work required by the Contract, and which will become an integral component part of that Work. Similarly, the Public Authorities Law exempts sales of goods to MTABC from New York sales and compensating use taxes. Federal Law also affords MTABC an exemption from Federal excise taxes. No amount shall be included in the Bidder’s price for any possible New York State sales or compensating use taxes as well as any Federal excise tax on such personal property or goods. MTABC’s Tax Exemption Certificate No. is 34-2024274.

Rev. 7/14 Purchase Contract Page 5

E. The Bidder must quote a price on every line item listed according to the units of measure set forth in the Bid Quotation Sheet, which it proposes to furnish. No unit price may be extended more than four decimal places. Any figure(s) shown beyond the fourth decimal will automatically be dropped (e.g., 1.2345678 will become 1.2345). The total value of the Bid will be expressed in figures containing not more than two decimal places. In the event of a tie bid, PARAGRAPH 10.B. will apply.

7. DISCOUNTS

Bidders may offer cash discounts for payment by MTABC earlier than the payment period set forth in ARTICLE 11, INVOICES of the CONTRACT TERMS AND CONDITIONS. However, such cash discounts will not be taken into account in determining the low Bidder.

8. RESPONSIVE BIDS

Bidders are advised that a qualified or conditional Bid, or one which is at variance with any provision of the Bid Solicitation Package, including the submission of a Bidder’s own terms and conditions, or fails to meet any requirement thereof applicable to the Bid, may be rejected as nonresponsive.

MTABC reserves the right to waive minor errors or omissions with respect to a Bid.

9. UNBALANCED BIDS

When a class bid is indicated for variable quantities of Goods and the Bid for the class shows evidence of unbalanced bid prices (e.g., some of the items represent nominal prices while others are grossly inflated), such Bid may be deemed nonresponsive.

10. AWARD PROCEDURE

A. Award of the Contract will be made by issuance of a written “Acceptance and Order” or

“Notice of Award” informing the successful Bidder that its Bid has been accepted and that it has been awarded the Contract.

B. The Contract will be awarded to the lowest responsive and responsible Bidder, except as otherwise permitted by law. MTABC also reserves the right to reject any and all Bids in its sole and absolute discretion. In the event of tie Bids, MTABC reserves the right to determine the successful Bidder by lot or otherwise in its discretion.

C. MTABC reserves the right to conduct a cost analysis prior to award. Should MTABC determine to make such an analysis, the Bidder will be required to provide all appropriate information and/or data requested by MTABC in conducting the analysis. In addition, bidders are advised that prices submitted on an “Invitation for Bid” could be subject to audit if (a) the bid turns out to be the only bid and (b) the bid prices undergo negotiation.

11. ITEM AND CLASS AWARDS

A. Item Award: Except as otherwise expressly indicated in the Bid Quotation Sheet, the

Contract(s) will be awarded on an “item” basis, i.e., a separate award will be made to the lowest

Rev. 7/14 Purchase Contract Page 6 responsive and responsible Bidder for each item set forth in the Bid Quotation Sheet. The Bidder may bid on one or more or all of the items. A Bidder will be considered only for the items(s) for which it has set forth a bid on the Bid Quotation Sheet. Where the Bid Quotation Sheet calls for a single lump sum price, this will be considered as an item award.

B. Class Award: If indicated in the Bid Quotation Sheet as a class award then this Contract will be awarded on a “class” basis, i.e., a single award will be made to the lowest responsive and responsible Bidder based upon the total aggregate price for all items set forth in the Bid Quotation Sheet. Where the Bid Quotation Sheet sets forth more than one class of items, the Bidder may bid on one or more or all of such classes, but the Bidder must bid on each item within a given class. A Bidder desiring to bid “no charge” on an item in a class must indicate this clearly. A submitted Bid Quotation Sheet not setting forth the Bidder’s price for each item or “no charge” within a class may be deemed incomplete and is subject to being rejected regarding such class.

12. BIDDER’S QUALIFICATIONS

A. In order to qualify as a responsible bidder, in addition to the other requirements herein provided, a Bidder must be prepared to prove to the satisfaction of MTABC that it has the integrity, skill, and experience to faithfully perform the Contract and that it has the necessary facilities and financial resources to perform the Work in a satisfactory manner and within the time specified. All bidders, whose Bid equals or exceeds $250,000, shall complete and submit, Parts I, II and VII of the form entitled RESPONSIBILITY QUESTIONNAIRE (SCHEDULE J) with their Bid. The apparent low Bidder shall complete and submit Parts III, IV and V to the Procurement Representative within three (3) working days after receiving written notification.

B. The Bidder agrees to provide MTABC additional information, or to clarify or supplement information already furnished, including but not limited to information relating to its past performance, its plan for performing the Contract, investigations, indictments, convictions, the Bidder’s safety practices and record, and financial conditions. The Bidder agrees to permit MTABC to conduct site visits to Bidder’s plant, current work sites, and other locations.

C. To be considered skilled and experienced, the Bidder must show, among other requirements to

MTABC, that it has satisfactorily supplied Goods or performed work or services as the same general type as that called for under the Contract.

D. Bidder shall also be required to secure the necessary insurance policies, as required by

SCHEDULE A, INSURANCE REQUIREMENTS, or necessary licenses, permits or certificates, required by any legislative or regulatory body with jurisdiction of the subject matter and may be required to furnish evidence of same.

E. A Bidder in arrears in the payment of amounts due to the City of New York, the Metropolitan

Transportation Authority, MTABC or any of its affiliated agencies will be required to pay said amounts in full in order to be considered a responsible Bidder, unless and to the extent that MTABC, upon satisfactory explanation made by the Bidder, excuses him from the payment thereof or permits further deferment of payment.

Rev. 7/14 Purchase Contract Page 7

F. The apparent low Bidder may be required to appear at the office of the Chief Officer, Procurement for a qualification hearing, at such date and time that MTABC may select upon notice to the Bidder, to demonstrate that the Bidder is a responsible Bidder. At such time, the Bidder shall furnish bonds, proof of insurance, financial statements, or other documents as may be required by the Contract Documents. If the qualification hearing is held within ten (10) days of the Bid Opening, MTABC will accept as evidence of compliance with Performance and/or Payment Bond requirements a letter or certificate from an acceptable surety or sureties, as the case may be, which satisfactorily establishes to MTABC that an acceptable surety will issue the necessary bonds not later than thirty (30) days from the date of Bid Opening, in which event the Bidder shall furnish any such bonds within thirty (30) days after Bid Opening.

G. The Bidder is required to be adequately financed to pay promptly for all labor and materials as such obligations become due and to avoid the necessity for assignment of any monies payable.

The Bidder must be prepared to submit a sworn statement, in the form furnished by MTABC (see paragraph 12.a. above), of the Bidder’s financial condition, as of a date not more than sixty

(60) days prior to the date when the bids are received, and to be examined thereon.

H. If attached, SCHEDULE X, FEDERAL DRUG AND ALCOHOL TESTING

REQUIREMENTS, applies to this solicitation and any resultant Contract.

13. SECURITY FOR PERFORMANCE

Bidders are hereby notified that SCHEDULE R, BONDING REQUIREMENTS AND FORMS OF BONDS, if included in the LIST OF SCHEDULES sets forth the requirements for Performance or Payment Bonds or other security requirements.

14. BID WITHDRAWAL

A. By submitting the Bid, a Bidder irrevocably offers for a ninety (90) day period, commencing with the opening of bids, to enter into the Contract, if awarded, as hereinafter provided.

B. After the expiration of the aforesaid ninety (90) day period, the Bid may be withdrawn by a

Bidder who has otherwise complied with all of the requirements of the Bid Solicitation package by serving MTABC with a written notice of withdrawal. An award made by MTABC prior to its receipt of the notice of withdrawal will be valid, notwithstanding that such award is made after expiration of the said ninety (90) day period. For such written notice of withdrawal to be effective it must be clear, unequivocal and without conditions.

15. BID MISTAKE

A. A Bidder who seeks to rescind its Bid due to a mistake or error in preparation thereof shall notify MTABC within two (2) business days of public Bid Opening, in writing. The notice shall specify the details of the claimed error or mistake. Thereafter, MTABC shall evaluate the matter and determine if the Bidder will be permitted to rescind its Bid.

B. To assist in its determination, MTABC may conduct a hearing on the matter, wherein the

Bidder shall, if requested by MTABC, give testimony and present documentation including Bidder’s original bid computation sheets and calculations.

Rev. 7/14 Purchase Contract Page 8

16. BID SECURITY

A. Bidders are hereby notified that SCHEDULE R, BONDING REQUIREMENTS AND

FORMS OF BONDS, if included in the LIST OF SCHEDULES, sets forth the requirements for Bid Security. The Bid Security must be submitted in the form of a certified or cashier’s check or a bid bond in an amount equal to two percent (2%) of the Gross Sum Bid (defined in the Bid, Section J paragraph 3).

B. A certified or cashier’s check shall be made payable to the order of the MTA Bus Company and shall be drawn upon a national or State bank or trust company. The bid deposit, in whatever form, must be enclosed in a separate envelope endorsed with the contract number and title, and the Bidder’s name and submitted to MTABC upon presentation of the Bid.

C. If included in SCHEDULE R, BONDING REQUIREMENTS AND FORMS OF BONDS, a bid bond may be submitted as Bid Security in the form prescribed by MTABC, a copy of which is attached or appended to the Bid Solicitation Package, and shall be issued by a corporate surety in good standing and licensed to do business in the State of New York.

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

D. Deposits of certified or cashier’s checks by bidders, except the apparent lowest and next to lowest Bidders, will be returned within ten (10) days after the opening of bids. The deposit of the apparent second lowest Bidder will be returned within five (5) days after the award of the Contract. The deposit, if it consists of the certified or cashier’s check will be returned to the Contractor within five (5) days after the award of the Contract. All deposits will be returned without interest.

17. DEFAULT REGARDING A BID

A. A Bidder who fails to submit data required for, or to appear at any hearing to determine its responsibility, or fails to respond to questions regarding qualification for an award of the Contract herein, but who would otherwise have been eligible for the award of this Contract, will be in Default Regarding a Bid as expressly provided herein.

B. A Default Regarding a Bid shall occur by failure of such Bidder to timely submit (if required by the Contract Documents): (i) Performance and Payment Bonds; (ii) Minority and Women- Owned Business Enterprise Submissions; (iii) insurance policies and certificates of insurance;

or (iv) any other submission required to be submitted prior to an Award. Except with respect to a Bidder’s failure to timely submit the completed MBE/WBE Submissions, a Bidder shall not be deemed in Default Regarding a Bid if any such failure is without the fault or neglect of the Bidder or Bidder’s employees or agents.

C. Upon default, MTABC may retain the bid security, or as much thereof as may be necessary to cover the damages and proceed to contract with such, if any of the original Bidders as, in its opinion, will advance the interests of MTABC or may invite further bids. The defaulting Bidder shall thereupon, in either case, be liable to MTABC for all loss and damage sustained by it by reason of such default.

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18. INSPECTION OF PROJECT SITE AND PRE-BID CONFERENCE

If a tour inspection of the project site is required or a pre-bid conference is to be held, further information concerning the date, time and place will be stated on the actual Bid Quotation Sheet.

19. ADDENDA AND REQUEST FOR CLARIFICATION

A. Prior to bidding, each prospective Bidder should examine the Bid Solicitation Package carefully and submit in writing to the Procurement Representative any requests for:

1. an interpretation or correction of any ambiguity, inconsistency, or error therein; or

2. any amendments which the Bidder desires to have made in the Bid Solicitation Package.

B. To be given consideration, any such request must be in writing and must be received by

MTABC at least ten (10) working days prior to the date designated, for the opening of bids, or such shorter period as MTABC, in its sole discretion, shall allow.

C. Any such interpretation, correction or amendment, as well as any additional provision MTABC may decide to include in the Bid Solicitation Package, will be issued in writing by MTABC prior to Bid opening as an addendum to the Contract. Addenda are binding upon the Bidder upon issuance. Issuance of an addendum is defined as the filing of a copy of such addendum in the Contracts Department of MTABC located in the Maintenance Building 2nd fl of the College Point Depot 128-15 28th Avenue Flushing, NY 11354. A copy will be made available to any prospective Bidder so requesting. MTABC will endeavor to mail addenda or otherwise transmit to each person recorded as having been furnished a copy of the Bid Solicitation Package. Bidders, however, are responsible for insuring their receipt of all addenda. To request copies of Addenda, contact the Procurement Representative for this solicitation.

D. Only a written interpretation or correction issued by addendum by MTABC shall be binding. A

Bidder’s failure to request such an interpretation or correction will preclude such Bidder from thereafter claiming any ambiguity, inconsistency, or error which should have been discovered by a reasonably prudent Bidder.

20. OPPORTUNITIES FOR MINORITY AND WOMEN-OWNED BUSINESS

ENTERPRISES PROGRAM GOALS

A. Goals - If SCHEDULE K has been included in the Bid Solicitation Package, Bidder’s attention is directed to SCHEDULE K, the goal(s) specified therein for the utilization of MBE/WBEs and the Contract terms therein. Attention is also directed to the required submission by the apparent low Bidder of completed MBE/WBE utilization forms within seven

(7) calendar days following the opening of bids. All submissions shall be delivered to MTABC’s Procurement Representative.

21. COMPLIANCE WITH LAWS, RULES AND REGULATIONS

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A. A Bidder must be prepared to comply with any and all local, State and Federal laws, rules and regulations applicable to the subject matter of this Contract, including those relating to environmental matters.

B. In accordance with the New York State Finance Law §165-2, MTABC is prohibited from purchasing any tropical hardwood or tropical hardwood products as defined in §165-1, b.

Bidders are advised to review ARTICLE 34, COMPLIANCE WITH APPLICABLE

LAWS, REGULATIONS/ENVIRONMENTAL MATTERS, PARAGRAPH F

“PROHIBITION ON THE PURCHASE OF TROPICAL HARDWOODS” OF THE

CONTRACT TERMS AND CONDITIONS.

C. If a Bidder believes that it may furnish or supply tropical hardwood under an exception to the provisions of §165-2, a request for a determination should be made in writing, to the Procurement Representative, at least ten (10) days prior to the scheduled Bid Opening.

22. PROMPT PAYMENT

Pursuant to Section 2880 of the Public Authorities Law, a copy of the MTA’s Statement of Rules and Regulations with respect to prompt payment of invoices will be made available to any Bidder or prospective Bidder requesting same of the Procurement Representative.

23. BUY AMERICA STEEL PROVISIONS

A. This Contract is subject to Section 2603-a of the Public Authorities Law (Chapter 441, Laws of

1983) entitled “Letting of Certain Contracts Involving Steel Products.” This provision, hereinafter called “Buy America Steel Provision,” requires the Board of each Public Authority to implement such law and to determine whether application of the provisions thereof would result in unreasonable costs or that steel products or steel components cannot be produced or made in the United States in sufficient and reasonably available quantities or of satisfactory quality or design. MTABC has adopted the following guidelines with respect to the implementation of such provisions, which will be applicable to this Contract:

B. GUIDELINES

1. Definition. Steel component means a product rolled, formed, shaped drawn, extruded, forged, cast, fabricated or otherwise similarly processed or processed by a combination of two or more operations, from steel.

2. Supplies, material, or equipment shall be deemed to be made of, fabricated from or contain a steel component or steel components if the cost of the steel component or components exceeds fifty percent (50%) of the cost of the material content of the supplies, material or equipment. Such supplies, materials and equipment shall be referred to herein as “steel products.”

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3. A steel component, including structural steel and reinforcing steel, shall be deemed to have been produced or made in whole or in substantial part in the United States, its territories or possessions if the cost of the portion thereof, including both materials and processes, produced or made in the United States, its territories or possessions, exceeds fifty percent (50%) of the cost of the component. Such steel components shall be referred to herein as “domestic steel components.”

4. Procedures.

a. Bidders are permitted and are encouraged to utilize domestic steel and to submit bids for steel products containing domestic steel components. They may also submit bids for steel products not domestically produced.

b. The provisions of this Paragraph 23 are applicable to the purchase of steel products estimated to cost in excess of $50,000 and for contracts for construction, reconstruction, alteration, repair, or maintenance of a facility estimated to be in excess of $l00, 000. Bidders must complete and return the Domestic Steel Certification, which is included in the Bid. Bidders shall state therein the amount of the Bid, which represents the cost of steel components, stated separately for domestic steel components and foreign steel components.

c. In a competitively bid contract, the cost of a domestic steel component shall be deemed reasonable if the lowest responsive and responsible Bidder has offered all or substantially all domestic steel components.

d. In a competitively bid contract, if a bid including domestic steel components is responsible and responsive, but not the lowest, a credit shall be allowed in the amount of six percent (6%) of the cost of the foreign steel components contained in the lowest responsible and responsive bid, and the Contract shall be awarded to the lowest responsible and responsive Bidder offering domestic steel components if the subtraction of such credit from the amount of its bid makes such bid the lowest responsible and responsive bid.

e. The procedures provided in (4) shall not be used if its application would result in the award of a contract utilizing domestic steel components of less total cost than if such procedure were not followed.

f. If no bid is received which includes steel components produced or made in the

United States, a conclusive presumption shall be made that such steel component or components are not available domestically.

g. If a negotiation is undertaken with one party only, evidence must be submitted that the cost of a foreign steel component is at least six percent (6%) less than the cost of domestic steel components if foreign steel components are offered.

5. A determination that steel products or steel components are not produced or made in the

United States of satisfactory quality or design shall be made by the Board of MTABC on a case by case basis.

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6. Emergency Procurements. In an emergency, steel products shall be deemed not to be produced or made in the United States in sufficient and reasonable available quantities or of satisfactory quality or design if after reasonable inquiry, MTABC determines that such steel products cannot be obtained within the six percent (6%) cost differential referred to in subparagraph d. within the time required by the emergency.

7. Motor vehicles and automobile equipment assembled in Canada in conformity with the

United States-Canadian trade agreement known as the “Automotive Products Trade Act of 1965” shall not be deemed of foreign origin.

C. POST AWARD DETERMINATION

1. If in submitting its Bid, the Contractor certified that it would supply domestic steel products or components but finds out after Contract award that the steel products or components cannot be produced or manufactured in the United States but may be obtained using foreign steel, the Contractor will make a request in writing, to MTABC’s Chief Officer, Procurement with a copy to the Project Manager, that MTABC make a determination that the steel product(s) or steel component(s) are not produced or made in the United States of satisfactory quality or design. The Contractor’s request will contain the following information:

a. MTABC’s contract or purchase order number, and MTABC’s part or specification number;

b. an explanation why the Contractor was unable to ascertain prior to award that it could not obtain the steel product(s) or components(s) of satisfactory quality or design produced or made in the United States;

c. for both the domestic steel supplier or manufacturer and the proposed foreign steel supplier or manufacturer the following:

i. supplier or manufacturer’s name;

ii. supplier or manufacturer’s part number;

iii. cost (including associated costs for the item such as shipping); and

iv. delivery schedule or time of availability;

d. a written statement from the domestic steel supplier or manufacturer that it is no longer manufacturing or producing the specified item(s), or a sworn statement from the Contractor that the domestic steel supplier or manufacturer is no longer in business;

e. an explanation as to what efforts the Contractor has made to obtain a substitute product manufactured or produced from domestic steel that meets or exceeds MTABC’s requirements; and

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f. any additional information that MTABC may request in support of the

Contractor’s request for a determination.

2. If MTABC in making the award to the Contractor allowed the Contractor a six percent (6%) credit against other bidder(s) offering foreign steel components and MTABC makes a determination that an exception to the Buy America requirements applies, then MTABC shall be entitled to a price adjustment reducing the total amount payable to the Contractor. The price adjustment shall be derived by taking the difference of the dollar value (if any) of the foreign steel components proposed by the Contractor in its Bid and the dollar value of foreign steel components proposed by the bidder against which the credit was taken; times (X) the sum of the six percent (6%) credit plus (+) a four percent (4%) administrative fee; times (X) a fraction of which the numerator is the dollar value of the domestic steel components proposed by the Contractor for the exception; the denominator of which is the dollar value of the domestic steel components proposed by the Contractor in its Bid.

Example:

$ value of foreign steel components proposed by the bidder against which the credit was taken

$ value of domestic steel components proposed by the Contractor for an exception less (-) X 10% X divided by (÷) $ value of foreign steel components proposed by the Contractor in its Bid (if any)

$ value of domestic steel components proposed by the Contractor in its Bid

3. If MTABC determines that an exception to the Buy America requirements applies, a modification to this Contract will be executed allowing the use of foreign steel products or foreign steel components.

24. BID PROTEST

A. Protests will only be accepted from prospective or actual bidders whose direct economic interest would be affected by the award or non-award of the Contract. Protests must be in writing and will generally not be considered unless submitted within five (5) business days from the date the protestor knew or should have known the facts forming the basis of the protest. Protests prior to a bid due date should be filed not later than five (5) business days prior to the due date in order to be considered timely. Unsolicited supplemental protest submissions will generally not be considered. Protest must include at least the following information: name, address, telephone and fax numbers of the protestor, the solicitation bid or contract number, a detailed statement of the legal and factual grounds for the protest including copies of relevant documents and a statement as to what relief is requested. A protest found by the Chief Officer, Procurement or his or her designee (the “Protest Officer”) in his or her sole

Rev. 7/14 Purchase Contract Page 14 discretion to be patently without merit or not brought in a timely manner shall be rejected without further consideration. The Protest Officer may take any action or make any requests he or she deems necessary in order to investigate the protest and develop a recommendation or disposition of the protest.

B. The Chief Officer, Procurement may determine that an award must be made prior to resolution of the protest when MTABC determines that:

1. the items to be procured are urgently required; or

2. delivery or performance will be unduly delayed by failure to make the award promptly;

or

3. failure to make prompt award will otherwise cause undue harm to MTABC.

The protestor will be given a written notice of the decision to proceed with the award.

C. Post Award Protests. Protests after an award should be received by MTABC not later than two

(2) calendar weeks after the award and are subject to the substantive requirements as provided in subparagraph a, above. Post-award protests received more than two (2) calendar weeks after the award of a contract shall be considered an “informal inquiry” and will be referred to the appropriate parties administering the contract.

D. A copy of MTABC’s Protest Procedures may be obtained by contacting the Procurement

Representative.

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25. OMNIBUS PROCUREMENT ACT OF 1992

It is the policy of New York State to maximize opportunities for the participation of New York State Business Enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. New York State Business Enterprises that participate as contractors, subcontractors and suppliers in the contracts of the Metropolitan Transportation Authority and its affiliated and subsidiary agencies (“MTA”) strongly contribute to the economies of the state and the nation.