njtransit NJ TRANSIT IFB No. 0000262 Instructions to Bidders.pdf

July 9, 2026

THIS IS AN ELECTRONIC BID.

PAPER BID SUBMISSIONS WILL NOT BE ACCEPTED.

NEW JERSEY TRANSIT (NJ TRANSIT) will receive bids for: BID NO. 0000262 Continuous Welded Rail 136RE (CWR)

This Project is being bid solely by use of an electronic bidding platform. Electronic bidding information is available on the electronic bidding website: www.bidexpress.com. The Bidder shall download all bid documents from the website. NJ TRANSIT assumes no responsibility for errors or omissions in the downloaded documents except as specifically provided for in the Contract Documents. The Bidder shall address questions or problems with downloading the solicitation, not the requirements of the Contract, to:

NJ TRANSIT Bid Express Administrator E-Mail: intakeunit@njtransit.com or

Bid Express Customer Support Tel: (888) 352-2439

FAX: (888)971-4191

E-Mail: bidexpress.support@infotechinc.com

A. In order to obtain all pertinent Bid Documents, interested firms must register with BID EXPRESS at www.bidexpress.com. To subscribe, Bidders should follow the instructions on the BID EXPRESS website. There is no cost to register or submit a bid. In order to submit a Bid, NJ TRANSIT recommends that Bidders apply for a digital ID at least seven (7) business days prior to the Bid due date. Note you will be required to download and install the plugin as well as any additional software provided by Bid Express prior to uploading your bid. Your corporate or personal security settings may require additional steps before the software can be installed. You may submit bids as early as possible as bids are held at BidExpress.com until the bid opening. You may resubmit bids as many times as you need to, however only your latest bid received by the bid opening date/time is valid. The Invitation for Bid (IFB) is the method of procurement being used for this Contract. The IFB electronic bidding file package contains the following Contract Documents available for download and fillable forms on the electronic bidding website: www.bidexpress.com.

Goods & Services (Federal) Electronic Bidding

Instructions to Bidders Revised April 2026

Electronic Bidding File Contract Documents and Exhibits These forms are accessible in the electronic bidding file. Please read each form thoroughly and follow directions to complete and/or upload the form.

1. Instructions to Bidders

2. Contract (General Provisions and Technical Specifications)

3. Bid Price Form

4. Sample Bid Bond Form

5. Non-Collusion Affidavit

6. Debarment, Suspension and Other Responsibility Matters

7. Contractor’s Certification of Eligibility

8. Mandatory Equal Employment Opportunity (EEO) Language

9. NJ TRANSIT Corporation's Protest Procedure

10. Buy America Certification

11. Certification for Contracts, Grants, Loans and Cooperative Agreements

12. Affidavit of Compliance/ NJ TRANSIT’s Code of Ethics for Vendors

13. Prevention of Drug and Alcohol Abuse in Transit Operations Certification (If

Applicable)

14. Disclosure of Investment Activities in Iran

15. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus

Pursuant to P.L. 2022, C.

16. Ownership Disclosure Form

17. Source Disclosure Certification (For Service Procurements Only)

18. DBE IFR Cover Sheet OBD Oct 2025 Final v. 11.21.25

19. Addenda Acknowledgement Certification

20. Certification of No Tax Liability or Felony Conviction

21. Statement of Joint Venture

22. Asset Management Plan Sample Spreadsheet

Attachments

1. Attachment A – Scope of Work

2. Attachment B – Specifications

3. Attachment C - Standard Drawing 71016-D 136RE

B. FORMS TO BE SUBMITTED VIA NJ TRANSIT’s ELECTRONIC BIDDING

WEBSITE: WWW.BIDEXPRESS.COM (or as otherwise indicated below)

1. All Bidders shall submit the following with their Bid:

• Bid Price Form

• Bid Bond or other acceptable Bid Security

• Non-Collusion Affidavit

• Debarment, Suspension and Other Responsibility Matters

• Contractor’s Certification of Eligibility

Instructions to Bidders Revised April 2026

• Buy America Certification

• Certification for Contracts, Grants, Loans and Cooperative Agreements

• Affidavit of Compliance (NJ TRANSIT’s Code of Ethics for Vendors)

• Prevention of Drug and Alcohol Abuse in Transit Operations Certification (If

Applicable)

• Ownership Disclosure Form

• Addenda Acknowledgement Certification

• Certification of No Tax Liability or Felony Conviction

• Statement of Joint Venture (if applicable)

• Required DBE Forms

2. Bids must be received by BidExpress.com no later than Thursday, September 10, 2026 at 2:00pm Eastern Standard Time (EST). NJ TRANSIT will not accept any bids received after that time. The public bid opening for the Continuous Welded Rail 136RE (CWR), which is scheduled for Thursday, September 10, 2026 at 2:00 p.m. EST, will be by CONFERENCE CALL ONLY. Please see meeting information below.

Microsoft Teams Meeting or Dial-In: 1-862-294-4371 Conference ID: 726 838 598#.

Join Microsoft Teams Meeting

All Bidders should submit the following with the Bid, but shall submit it within the indicated number of days after Bid Opening:

• Source Disclosure Certification Form (For Service Procurements Only) (Within five (5) calendar days of Bid Opening)

• Disclosure of Investment Activities in Iran Form (Prior to Contract award)

• Business Registration Certificate (Prior to Contract award)

**NOTE: If a form or notification submission required for this IFB is measured in calendar days and, if the last day is a Saturday, Sunday, or a legal holiday, the submission period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

3. Bids may be resubmitted as many times as needed, prior to the Bid opening date, however, only the latest Bid will be valid on Bid Express. Bids may be withdrawn at any time prior to the Bid opening date by removing or deleting the uploaded file.

4. Pursuant to N.J.S.A. 27:25-11, Bidders shall include Bid Security equal to ten percent (10%) of the total bid price. Bid security may be in the form of a bid bond, cashier's check, certified check, or letter of credit. Cash shall not be considered an acceptable form of bid security. If multiple or alternate Bids are submitted, the security shall be equal to ten percent (10%) of the maximum bid price submitted. The Bidder shall ensure that the Bid Bond is properly completed and furnished by a corporation or corporations authorized to issue surety bonds in the State of New Jersey and listed in the current U.S. Treasury Department Circular 570 as of the date for the receipt of Bids

Instructions to Bidders Revised April 2026 and made payable to the New Jersey Transit Corporation.

For bidders submitting as a joint venture, the bid bond should include the name of the joint venture, but may also include any or all of the individual entities comprising the joint venture.

Bidders may supply either an electronic bid bond or a paper bid bond.

Whenever the Bid Security accompanying the Bid is a Letter of Credit, it shall be issued by an "insured bank" within the meaning of the Act creating the Federal Deposit Insurance Corporation (12 U.S.C. 1811). When the Bid Security accompanying the Bid is a Cashier's Check or a Certified Check, it shall be drawn on an account with one of the banks identified in this paragraph.

Cashier's Checks, Certified Checks or Irrevocable Letters of Credit based on accounts with, or guaranteed by, persons, corporations, or institutions other than those identified in the preceding paragraph shall not be considered acceptable Bid Security and the Bid shall be declared non-responsive.

All forms of Bid Security shall be valid for a minimum of one hundred and eighty calendar (180) days from the date of bid opening. If not, the Bid Security shall not be considered acceptable, and the Bid shall be declared non-responsive.

Electronic

If the Bid Security accompanying the Bid is an electronic Bid Bond, the Bidder shall choose one of two sureties available on the website, specifically:

Surety 2000 Telephone: (800) 660-3263 Email:

help@surety2000.com http://www.surety2000.com/

Tinubu Surety Telephone: (800) 989-6417 Email:

support@suretywave.com https://spd.suretywave.com

Bidder must complete the electronic bond form from the surety website and enter the electronic bid bond number in the Electronic Bid Bond section in the space provided in the electronic bidding file.

Paper

Whenever the Bid Security accompanying the Bid is a Bid Bond in non-electronic form, the Bidder shall ensure that the Bid Bond is properly completed and furnished by a corporation or corporations authorized to issue surety bonds in the State of New Jersey and listed in the current U.S. Treasury Department Circular 570 as of the date for the receipt of Bids and made payable to the New Jersey Transit Corporation.

Instructions to Bidders Revised April 2026

Types of Paper Bid Bonds

The types of acceptable paper bid bonds are: Letter of credit, Cashier’s Check, Certified Check, or Irrevocable letter of Credit.

Delivery of Paper Bid Bond

The original Bid Bond shall be delivered to NJ TRANSIT’s Procurement Intake Unit (PIU) between Monday-Thursday 10am-3pm, located at Two Gateway 283-299 Market Street, Suite #1000A, Newark, NJ 07102-5310, prior to the time and date set for the opening of bids. Failure to deliver such original Bid Bond to NJ TRANSIT’s PIU prior to the time set for the opening of bids shall result in rejection of the bid as non-responsive.

5. The Bidder is advised of its responsibility to file an annual disclosure statement of any political contributions with the New Jersey Election Law Enforcement Commission (ELEC), pursuant to N.J.S.A. 19:44A-20.27, et seq., if the Bidder receives $50,000 or more in the aggregate through agreements or contracts with a public entity in a calendar year. It is the Bidder’s responsibility to determine if filing is necessary. Failure to so file can result in the imposition of financial penalties by ELEC. Additional information about this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

6. In accordance with N.J.S.A. 52:32-44, all New Jersey and out of State business organizations must obtain a Business Registration Certificate (BRC) from the State of New Jersey, Department of the Treasury, Division of Revenue and Enterprise Services (DORES), and submit in the space provided in the electronic bidding file prior to the time a contract is awarded or authorized by NJ TRANSIT.

The Bidder must submit its BRC and that of any named Subcontractor prior to the time the Contract is awarded. No Contract with a Bidder or with a Subcontractor shall be awarded without proof of the BRC with DORES.

Any questions in this regard can be directed to DORES at (609) 292-1730. The business registration form (Form NJ-REG) can be found on-line at http://www.state.nj.us/treasury/revenue/busregcert.shtml.

7. Pursuant to N.J.S.A. 52:25-24.2, Bidders must submit an “Ownership Disclosure

Form” prior to or with its Bid by uploading the document to Bid Express. For joint ventures, each individual entity comprising the joint venture must submit their own ownership disclosure form, by uploading each responsive form in the space provided on Bid Express.

8. (For Services Procurement Only) In accordance with N.J.S.A. 52:34-13.2, Bidders should submit a “Source Disclosure Certification Form” for all service Contracts in the space provided in the electronic bidding file. If the information is not submitted with the Bid, it shall be submitted within five (5) calendar days of Bid opening.

Instructions to Bidders Revised April 2026

Failure to submit the Source Disclosure Certification Form shall preclude award of a contract to the bidder.

9. Pursuant to N.J.S.A. 52:32-58, et seq., any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify, prior to contract award, that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.1

10. Pursuant to N.J.S.A. 52:32-60.1, et seq., any person or entity (hereinafter “Vendor ”) that seeks to enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification indicating whether or not the Vendor is engaged in prohibited activities in Russia or Belarus; and whether the vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list of Vendors engaged in prohibited activities in Russia or Belarus.2 If OFAC finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. Failure to complete and submit this certification prior to contract award will preclude award of a contract to the Bidder.

11. Disadvantaged Business Enterprise (DBE) Goal Assignment

In accordance with Interim Final Rule, effective October 3, 2025 (90 F.R. 47969) be advised that there is no DBE goal assigned to this procurement.

12. DBE Disadvantaged Business Enterprise (DBE) Program Compliance Requirements

The Bidder shall comply with 49 C.F.R. Part 26 as modified by the Interim Final Rule, effective October 3, 2025 (90 F.R. 47969). Refer to the October 2025 “DBE IFR Cover Sheet OBD Oct 2025 Final v. 11.21.25” attached to this IFB, for instructions, guidance, and explanations for DBE Program obligations for Construction Contracts and subcontracts. Bidders shall identify all subcontractors, suppliers, vendors and distributors solicited to participate in this Contract, and shall complete and submit the mandatory Bidder’s List and Contractor Information form (Form A1) and Sub-Prime’s Bidder’s List and Contractor Information form (Form AA1, if applicable). Bidders are

1 https://www.nj.gov/treasury/purchase/forms/DisclosureofInvestmentActivitiesinIran.pdf 2 https://www.nj.gov/treasury/administration/pdf/DisclosureofProhibitedActivitesinRussiaBelarus.pdf

Instructions to Bidders Revised April 2026 advised to carefully review and complete the list entirely, leaving no blank fields.

Bidders who fail to submit the Bidder’s List(s) Form A1 and Form AA1(if applicable) with their Bid shall be rejected as non-responsive.

Bidders must also submit the Sub/Supplier/Vendor/Distributor Utilization form (Form IFR-2025), with their Bid. Failure to submit Form IFR-2025 shall result in a rejection of a Bid as non-responsive.

Any questions regarding the DBE requirements or the mandatory required forms for this contract should be directed to:

Wilhelmenia E. Anderson

Senior Business Development Specialist 973-491-4388

WEAnderson@njtransit.com

13. The Bidder shall certify on the “Contractor’s Certification of Eligibility” in the space provided in the electronic bidding file that it is not included on the State of New Jersey, Department of Treasury, Consolidated Debarment Report, on the Workplace Accountability in Labor List, or on the State of New

Jersey, Department of Labor and Workforce Development, Division of Wage and Hour Compliance, Prevailing Wage Debarment List.

14. Bidders must also have no exclusions with the System for Award Management (S.A.M).

If the Bidder is included on any exclusion report, it may not be eligible for award of Contract.

15. Certification of No Tax Liability or Felony Conviction

As a condition of any contract award, a private corporation, partnership, trust, joint-stock company, sole proprietorship, or any other business association, including each participant in a joint venture, must certify, under penalty of perjury, that it has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

As a condition of any contract award, any such entity must also certify that it has not been convicted of any felony criminal violation under any federal law within the 24 months preceding the date of contract award.

Furthermore, any such entity awarded a contract by NJ TRANSIT is responsible for flowing down the requirements of the above two paragraphs to all lower tier subcontractors or subconsultants (including sub-subcontractors and sub-subconsultants, etc.), without regard to the value of any such subagreement (or sub-subagreement, etc.), and must verify that those sub-vendors satisfy the conditions stated in those paragraphs.

16. Statement of Joint Venture

Prospective Bidders seeking to submit Bids as joint ventures must submit a Statement of Joint Venture form, executed by all entities comprising the Joint Venture. For bidders that are not a joint venture, you may follow the “omission terms” language within Bid Express to exclude of submission of this document.

As noted above, each individual entity comprising the joint venture must also submit their own ownership disclosure form and Iran Disclosure form.

C. PRE-BID MEETING

NJ TRANSIT will not hold an in-person Pre-Bid Conference. The Pre-Bid Conference will be held utilizing a telephone and video conference via Microsoft Teams, which is scheduled for Thursday, July 16, 2026 at 10:00 a.m. EST (subject to change by Addenda) to the IFB, for the purpose of discussing general information relating to the project. All interested firms are urged to participate. Attendance at the Pre-Bid Conference is highly recommended but not mandatory. Recipients of this IFB that do not attend may be at a disadvantage when submitting a Bid.

The Pre-Bid Conference link that provides access and registration information is available at the link below:

https://events.gcc.teams.microsoft.com/event/ca41d5a7-79cf-4a12-928f- 3d54815f0d5a@15c7a12b-240a-455e-9cef-3cac02e3d42a

D. PRE-QUALIFICATION REQUIREMENTS “RESERVED"

E. WHERE TO SUBMIT BIDS AND/OR REQUEST ADDITIONAL INFORMATION

1. Bids must be submitted via the internet at www.bidexpress.com. Manual or paper bids will not be accepted.

2. All Bidders are advised that communications with NJ TRANSIT that in any way relate to this procurement shall be conducted with or through the authorized representative of the Contracting Officer in NJ TRANSIT's Division of Procurement. All other contacts are strictly prohibited and are considered improper. Bidders are advised that violation of this prohibition may result in the removal of the firm from consideration for this Contract and possible suspension/debarment.

3. Bidders may resubmit Bids as many times as needed, prior to the Bid opening date, however, only the latest Bid will be valid on Bid Express. Bids may be withdrawn at any time prior to the Bid opening date by removing or deleting the uploaded file. Bids may be corrected or withdrawn after the bid opening, in accordance with N.J.A.C. 16:72-2.19.

4. Submission of more than one (1) Bid from an individual, firm, partnership, corporation or combination thereof under the same or different names shall be cause for

Instructions to Bidders Revised April 2026 disqualification of the Bids submitted by such entities. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof, is interested as a principal in more than one Bid for the procurement contemplated may cause the rejection of all Bids submitted by such individual, firm, partnership, corporation, or combination thereof.

F. HOW TO REQUEST CHANGES IN THIS IFB

1. Wherever brand names may appear in this IFB, they are included for the purpose of establishing identification and a general description of the item. Wherever such names may appear, the term "or approved equal" is considered to follow. NJ TRANSIT will render the decision on the approved equal at its sole discretion.

2. All inquiries, requests for clarifications, approved equals, and contract modifications or changes regarding the Contract Documents must be received no later than Thursday, July 30, 2026 4:00 P.M. EST and shall be submitted in the space provided in the electronic bidding file on Bid Express with any attachments, supporting documentations, and/or red-line edits to the General Provisions (Agreement), emailed to JPJordan@njtransit.com. Any requests for approved equals must be supported by detailed specification or other pertinent information that indicates that the substitute offered is equal to or better than that specified. Failure to submit changes to Exhibit 2 during the Request for Information period may preclude the Bidder from requesting changes during any negotiations period.

3. Bidders may submit more than one inquiry or request for clarification within the same

Q&A text box. NJ TRANSIT will respond to Request(s) for Changes in writing to all Bidders within a reasonable number of days before the Bid opening date, and the Bid opening may be rescheduled at NJ TRANSIT's option to allow a reasonable amount of time between the response and Bid opening. Any response that NJ TRANSIT may choose to make will be by a written Addendum to the IFB. NJ TRANSIT will not be bound by any informal explanation, clarification, or interpretation oral or written, by whosoever made, that is not incorporated into an Addendum to the IFB. All such Addenda will be posted on the electronic bidding website prior to the opening of Bids.

It is the obligation of the Bidder to check the website for Addenda. Certain Addenda will contain amendments to the IFB. The Bidder shall ensure that the “Schedule of Items” as identified on the electronic bidding website and in the electronic bidding file contains an acknowledgement of all applicable Addenda.

4. Bidders are required to acknowledge receipt of all Addenda on the “Addenda Acknowledgement Certification” in the space provided in the electronic bidding file. Failure to acknowledge receipt of all Addenda may cause the rejection of the Bid as non-responsive. The Bidder shall acknowledge and affirm that they have obtained, reviewed, and applied all Addenda issued during the bidding period by selecting Yes or No and input the number of Addenda it has received.

5. NJ TRANSIT has the right to reject Bids that do not contain a completed Addenda Acknowledgement Certification. No response may be made by NJ TRANSIT to inquiries received later than the submittal date identified in the Instructions to Bidders.

Instructions to Bidders Revised April 2026

G. QUANTITY

When applicable, Bidders must bid a fixed price for the estimated quantity specified.

NJ TRANSIT reserves the right to amend any such quantities.

H. PREPARATION OF THE BID

1. The Bidder shall carefully review the Contract Documents, Specification and Bid Price Form. By submitting a Bid(s), the Bidder acknowledges that they have carefully reviewed the Contract Documents and attested that their submission satisfies the requirements for this procurement.

Single Bid: This is an all or nothing contract.

An award will be made to:

• The lowest responsive and responsible Bidder.

2. The Bidder shall ensure that all Addenda, including Amendments to the Bid Form, are applied to the Bid and properly acknowledged. The Bidder shall insert the price for each Pay Item in the appropriate box provided under the column designated “Unit Price”. The only entries permitted in the Bid Form will be the lump sum prices or unit prices for items that shall be bid. The Bid Express platform will perform all extensions of the unit prices and calculate the total bid amounts.

3. Prices shall be provided for all items called for on the Bid Form. All bid prices must be quoted in numeric form. When the Bidder intends to bid zero dollars ($0.00) for a Pay Item, the Bidder shall insert a “0” in the appropriate box under the “Unit Price” column.

Where no figure is provided by the Bidder in the "Unit Price" column for one or more Contract Items, the Bid may be considered nonconforming and may be rejected.

4. Alternate bids for any item will not be considered unless specifically requested in the Bid.

5. The Bidder shall check the bid before submission using the Check Bid button.

I. CAUSES FOR REJECTION OF BIDS

1. Bids will be considered irregular and shall be rejected for the following reasons:

a. If the Bid materially fails to conform to the requirements of the Invitation for Bids.

b. If the Bid is not received by the specified date and time.

c. If the Bidder fails to furnish satisfactory Bid Security with the Bid.

d. If the Bidder takes material exception to any of the Bid requirements, specifications, or Contract Terms.

e. If Bid offer is valid for less than one hundred and eighty (180) calendar days for acceptance.

Instructions to Bidders Revised April 2026

f. If Bid includes payment terms requiring payment in less than thirty (30) calendar days.

g. If Bid is not signed by the authorized representative of the Bidder.

h. If the Bidder fails to complete and deliver the Ownership Disclosure Form as required by N.J.S.A. 52:25-24.2 before receipt of the Bid or with the Bid.

i. If the Bidder fails to execute the “Buy America” Certification.

j. If the Bidder fails to comply with all mandatory DBE requirements.

k. If the Bidder fails to submit pricing for the total contract term as listed on the Bid

Price Form.

2. Bids will be considered irregular and may be rejected for the following reasons:

a. If the Bidder fails to complete and submit the Source Disclosure certification (For

Services Procurement Only).

b. If the Bid is not properly completed.

c. If all addenda are not properly acknowledged.

d. If the Bid contains prices that are materially unbalanced.

e. For other reasons, if NJ TRANSIT deems it advisable to do so in its best interest.

3. NJ TRANSIT, in its sole discretion, reserves the right to reject any and all bids and to waive minor informalities and irregularities in bids received, notwithstanding other provisions of the Contract Documents.

J. AWARD PROCEDURES

1. NJ TRANSIT reserves the right to request additional information from any and all bidders.

2. NJ TRANSIT reserves the right to conduct a pre-award responsibility survey to ensure the successful bidder, among other things, has adequate facilities, equipment, and staff to perform the contract within the time specified and provide warranty service.

3. NJ TRANSIT intends to award a contract within sixty (60) calendar days of the Bid opening, but reserves the right to award within one hundred and eighty (180) calendar days. Accordingly, all bids must be valid for a minimum of one hundred and eighty

(180) calendar days from the date of Bid opening.

4. Prompt payment discounts will not be considered in determining the low bidder.

5. The award of a firm fixed price contract, if awarded, will be to the responsive and responsible Bidder whose Bid, conforming to the Invitation for Bids, is lowest in price for each item, or for the total term of the contract, including option years.

6. Prior to execution of a contract, the successful Bidder will be required to:

o Provide appropriate Equal Employment Opportunity /Affirmative Action information or certificates as required by N.J.A.C. 17:27et seq., as described within this IFB in the “Equal Employment Opportunity Requirements” and submit an Affirmative Action Employee Information Report (AA302).

o Provide its BRC from DORES.

o Provide evidence of adequate levels of insurance as indicated in Section 31 of the

General Provisions naming NJ TRANSIT as additional insured and providing for thirty (30) calendar days advance notice of cancellation.

o (For Services Procurement only) In accordance with N.J.S.A. 52:34-13.2, submit a

“Source Disclosure Certification Form” in the space provided in the electronic bidding file for all services contracts. If the information is not submitted with the bid, it shall be submitted within five (5) calendar days of NJ TRANSIT’s request.

o If specifications so require, submit within ten (10) calendar days after notification of

NJ TRANSIT's intent to award, performance and payment bonds in the amount indicated in the specifications. The surety must comply with all requirements of N.J.S.A. 2A:44-143 (P. L. 1995, c.384).

K. OTHER INFORMATION

1. If only one bid is received, a cost proposal may be requested of the single Bidder. A cost/price analysis and/or audit may be performed in order to determine if the price is fair and reasonable.

2. NJ TRANSIT is a public agency and exempt from paying Sales and Federal Excise

Taxes. Bidders shall not include these taxes in their bid price.

3. This contract is funded in whole or in part by the United States Government and is subject to all Federal laws and regulations governing Federally funded projects. For bid submissions over $150,000 a signed “Buy America Certification” in the space provided in the electronic bidding file must be included with the bid submission or the bid will be deemed “non-responsive” and will be rejected. Bidders must only sign one of the available signature lines. Bidders who sign both signature lines, indicating both complying with and not complying with “Buy America”, will have their bids deemed non-responsive and the bids will be rejected. Note that Buy America certificates cannot be changed after the bid opening date except in very specific instances in which a clerical error has been identified as described in current Buy America Regulations, 49 C.F.R. Part 661. Questions regarding Buy America compliance requirements should be submitted in writing to the authorized representative of the Contracting Officer in NJ TRANSIT's Division of Procurement.

4. NOTICE OF EXECUTIVE ORDER 125 REQUIREMENT FOR POSTING OF WINNING

PROPOSAL/BID AND CONTRACT DOCUMENTS “NOT APPLICABLE”

Pursuant to Executive Order No. 125, signed by Governor Christie on February 8, 2013, the Office of the State Comptroller (“OSC”) is required to make all approved State contracts for the allocation and expenditure of federal reconstruction resources available to the public by posting such contracts on an appropriate State website. Such

Instructions to Bidders Revised April 2026 contracts are posted on the New Jersey Sandy Transparency website located at:

http://nj.gov/comptroller/sandytransparency/contracts/sandy/.

The contract resulting from this IFB is subject to the requirements of Executive Order No. 125. Accordingly, the OSC will post a copy of the contract, including the IFB, the winning bidder’s proposal and other related contract documents for the above contract on the Sandy Transparency website.

In submitting its bid, a bidder may designate specific information as not subject to disclosure. However, such bidder must have a good faith legal and/or factual basis to assert that such designated portions of its bid (i) are proprietary and confidential financial or commercial information or trade secrets or (ii) must not be disclosed to protect the personal privacy of an identified individual. The location in the bid of any such designation should be clearly stated in a cover letter, and a redacted copy of the bid should be provided.

The State/NJ TRANSIT reserves the right to make the determination as to what is proprietary or confidential and will advise the winning bidder accordingly. The State/NJ TRANSIT will not honor any attempt by a winning bidder to designate its entire bid as proprietary, confidential and/or to claim copyright protection for its entire bid. In the event of any challenge to the winning bidder’s assertion of confidentiality with which the State/NJ TRANSIT does not concur, the bidder shall be solely responsible for defending its designation.

5. NOTICE OF EXECUTIVE ORDER 166 REQUIREMENT FOR POSTING OF WINNING

PROPOSAL/BID AND CONTRACT DOCUMENTS “NOT APPLICABLE”

Pursuant to Executive Order No. 166, signed by Governor Murphy on July 17, 2020, OSC is required to make all approved State contracts for the allocation and expenditure of COVID-19 Recovery Funds available to the public by posting such contracts on an appropriate State website. Such contracts will be posted on the New Jersey transparency website developed by the Governor’s Disaster Recovery Office (GDRO Transparency Website).

The contract resulting from this IFB is subject to the requirements of Executive Order No. 166. Accordingly, the OSC will post a copy of the contract, including the IFB, the winning bidder’s bid and other related contract documents for the above contract on the GDRO Transparency website.

In submitting its bid, a bidder may designate specific information as not subject to disclosure. However, such bidder must have a good faith legal or factual basis to assert that such designated portions of its bid: (i) are proprietary and confidential financial or commercial information or trade secrets; or (ii) must not be disclosed to protect the personal privacy of an identified individual. The location in the bid of any such designation should be clearly stated in a cover letter, and a redacted copy of the bid should be provided. A Bidder’s failure to designate such information as confidential in submitting a bid/proposal shall result in waiver of such claim.

Instructions to Bidders Revised April 2026

The State/NJ TRANSIT reserves the right to make the determination regarding what is proprietary or confidential and will advise the winning bidder accordingly. The State/NJ TRANSIT will not honor any attempt by a winning bidder to designate its entire bid as proprietary or confidential and will not honor a claim of copyright protection for an entire bid. In the event of any challenge to the winning bidder’s assertion of confidentiality with which the State/NJ TRANSIT does not concur, the bidder shall be solely responsible for defending its designation.

6. This contract will be awarded subject to the availability of funds.

7. Summary of critical dates:

• Date of Invitation for Bid: July 9, 2026

• Pre-bid Conference: July 16, 2026 at 10:00 a.m. EST

• Request for Changes Due: July 30, 2026 at 4:00 p.m. EST

• Bid Opening: September 10, 2026 at 2:00 p.m. EST

8. Proposers or Bidders are hereby notified that all documents, data, materials, and information submitted by Proposers or Bidders in response to a solicitation constitutes public information and/or government records under New Jersey law. When the Proposal or Bid contains a negotiation component, the Proposal or Bid will not be subject to public disclosure until a notice of intent to award is issued by NJ TRANSIT. Portions of a submission may be exempt from public disclosure by the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., (“OPRA”) and the common law. As part of its Proposal or Bid, a Proposer or Bidder may identify any data or material it asserts are exempt from public disclosure under OPRA, N.J.A.C. 16:72- 1.11, and/or the common law. The Proposer or Bidder must provide the good faith basis for any such assertions. The Proposer or Bidder must provide a detailed statement clearly identifying those portions of the Proposal or Bid that it claims are exempt from public disclosure, as well as the facts that support the exemption. The location of any such designation(s) in the Bid or Proposal must be clearly stated in a cover letter. Designations of confidentiality and the basis thereof must be provided with the Proposal or Bid. NJ TRANSIT will not honor assertions of confidentiality made after a Proposal or Bid is opened. NJ TRANSIT will not honor any attempt by a Proposer or Bidder to designate its entire bid or entire sections or pages therein as proprietary, confidential and/or to claim copyright protection for its entire bid. This includes boilerplate claims of confidentiality in the header and/or footer of Proposal or Bid documents, generalized statements of confidentiality that do not contain the specificity and rationale required by applicable laws, and claims of confidentiality that are not accompanied by a relevant legal justification. By submitting an assertion of confidentiality pursuant to this section, the Proposer or Bidder agrees that it shall defend, indemnify, protect, and save harmless NJ TRANSIT from and against all suits, actions, claims, demands, and/or damages of any kind arising as a result of the Proposer’s or Bidder’s designation(s), including court costs, counsel fees, Instructions to Bidders Revised April 2026 settlements, judgments or otherwise. The Proposer or Bidder may elect to defend its assertion of exemption from the public disclosure requirements of OPRA or the common law, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Proposer or Bidder or Contractor. NJ TRANSIT assumes no such responsibility or liability.

Sincerely, Jansy Jordan Purchasing Agent NJ TRANSIT Procurement & Support Services