PS140683(2)_0_US (7).pdf

No.

Issued:

LACMTA ISSUE DATE: September 14, 2026 Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

TABLE OF CONTENTS

I. LETTER OF INVITATION

LOI-01 NOTICE AND INVITATION

LOI-02 DEFINITIONS

LOI-03 AVAILABILITY OF SOLICITATION DOCUMENTS

LOI-04 COMMUNICATION WITH LACMTA

LOI-05 VIRTUAL OR IN PERSON PRE-PROPOSAL CONFERENCE

LOI-06 WORKSITE VISIT (RESERVED)

LOI-07 BASIS OF AWARD

LOI-08 EXHIBITS

LOI-09 CONTRACT DOCUMENTS

LOI-10 MILESTONE PAYMENTS (RESERVED)

LOI-11 INDEMNITY

LOI-12 LIQUIDATED DAMAGES (RESERVED)

LOI-13 SOLICITATION LINKS

LOI-14 CRITICAL DATES

LOI-15 DBE PROGRAM (RESERVED)

LOI-16 SBE/DVBE PROGRAM

LOI-17 SBE SET-ASIDE PROGRAM (RESERVED)

LOI-18 MSZ PROGRAM (RESERVED)

LOI-19 LSBE PREFERENCE (RESERVED)

LOI-20 LOI SIGNATURES

II. PROPOSAL INSTRUCTIONS

INSTRUCTIONS TO PROPOSERS

IP-01 PRE-QUALIFICATION REQUIREMENTS

IP-02 CONTRACTOR REGISTRATION LAW (RESERVED)

IP-03 EXAMINATION OF RFP DOCUMENTS

IP-04 INTERPRETATION OF RFP DOCUMENTS

IP-05 COMMUNICATION WITH LACMTA OTHER THAN THE CONTRACT ADMINISTRATOR

IP-06 AMENDMENTS

IP-07 PREPARATION OF SUBMITTAL

IP-08 MODIFICATIONS AND ALTERNATIVE PROPOSALS

IP-09 SIGNING OF PROPOSAL AND AUTHORIZATION TO NEGOTIATE

IP-10 SUBMISSION OF PROPOSAL

IP-11 PROPOSAL EVALUATION PROCESS

IP-12 WITHDRAWAL OF SUBMITTAL

IP-13 LACMTA RIGHTS

IP-14 PUBLIC RECORDS ACT

IP-15 DISQUALIFICATION OF PROPOSERS

IP-16 FILING OF PROTESTS

IP-17 EVALUATION CRITERIA EXHIBIT

DEOD INSTRUCTIONS

DI-01 - INSTRUCTIONS TO BIDDERS/PROPOSERS

III. PROPOSAL REQUIREMENTS/FORMS

SUBMITTAL REQUIREMENTS

1.1 GENERAL FORMAT

1.2 PROPOSAL CONTENT - PLEASE SEE EXHIBIT 3B

1.3 PROPOSAL FORMS

1.4 CERTIFICATION FORMS

1.5 SBE/DVBE FORMS

EXHIBITS (SOLICITATION)

EXHIBIT 1 SBE/DVBE BID/PROPOSAL FORMS

EXHIBIT 2 SCHEDULE OF QUANTITIES AND PRICES AND FORM 60 WITH INSTRUCTIONS

EXHIBIT 3 EVALUATION CRITERIA -EXHIBIT 3A SUBMITTAL REQUIREMENTS - EXHIBIT 3B

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

EXHIBIT 4 LIST OF CERTIFIED FIRMS (RESERVED)

EXHIBIT 5 PROPOSAL LETTER

EXHIBIT 6 LIST OF CURRENT CONTRACTS - BACKLOG

EXHIBIT 7 LIST OF COMPLETED CONTRACTS - LAST FIVE YEARS

EXHIBIT 8 ETHICS DECLARATION

EXHIBIT 9 GENERAL CERTIFICATIONS

EXHIBIT 10 CERTIFICATE OF COMPLIANCE WITH 49 CFR PART 655, PREVENTION OF ALCOHOL

MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS

EXHIBIT 11 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER (RESERVED)

EXHIBIT 12 MISCELLANEOUS (RESERVED)

IV. CONTRACT DOCUMENTS (SAMPLE)

FORM OF CONTRACT

ARTICLE 0 SIGNATURES

ARTICLE I CONTRACT DOCUMENTS ORDER OF PRECEDENCE

ARTICLE II DEFINITIONS

ARTICLE III SERVICES TO BE PERFORMED

ARTICLE IV COMPENSATION AND PAYMENT

ARTICLE V CONTRACT TERM AND PERIOD OF PERFORMANCE

ARTICLE VI OPTIONS

ARTICLE VII AVAILABILITY OF FUNDS

ARTICLE VIII INSURANCE

ARTICLE IX NOTICES AND SERVICE THEREOF*

ARTICLE X ENTIRE AGREEMENT

SPECIAL PROVISIONS

SP-01 SBE/DVBE PARTICIPATION

SP-02 ORGANIZATIONAL CONFLICTS OF INTEREST*

SP-03 RELEASE OF INFORMATION*

SP-04 WORKSITE ACCESS/RESTORATION (RESERVED)

SP-05 INSURANCE REQUIREMENTS - PLEASE SEE EXHIBIT H

SP-06 LOSS PREVENTION

SP-07 CONTRACTOR EQUIPMENT*

SP-08 HAZARDOUS MATERIAL IDENTIFICATION AND SAFETY DATA (RESERVED)

SP-09 CLEAN UP

SP-10 PROTECTION OF STRUCTURES, EQUIPMENT, AND VEGETATION

SP-11 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS* (RESERVED)

SP-12 ALLOWABILITY, ALLOCABILITY & REASONABLENESS DEFINITIONS*

SP-13 LIQUIDATED DAMAGES* (RESERVED)

SP-14 THE CONTRACTOR'S LICENSE

SP-15 LACMTA MANAGEMENT OF CONTRACTOR'S PERSONNEL*

SP-16 SUBCONTRACT ADMINISTRATION*

SP-17 PAYMENT AND REPORTING OF PREVAILING WAGE* (RESERVED)

SP-18 LIVING WAGE / SERVICE CONTRACT WORKER RETENTION POLICY* (RESERVED)

SP-19 METRO WORKFORCE INTIATIVE NOW (WIN-LA) PROGRAM (RESERVED)

GENERAL CONDITIONS

GC-01 GLOSSARY OF TERMS*

GC-02 GOVERNING LAW*

GC-03 CONTRACT DOCUMENTS

GC-04 INTERPRETATION*

GC-05 AUTHORITY OF THE CONTRACTING OFFICER

GC-06 LACMTA'S TECHNICAL REPRESENTATIVE (PROJECT MANAGER)

GC-07 ORGANIZATIONAL AND KEY PERSONNEL

GC-08 WHISTLEBLOWER REQUIREMENTS*

GC-09 AGENT TO ACCEPT SERVICE

GC-10 ETHICS AUTHORITIES*

GC-11 CONFIDENTIALITY*

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

GC-12 COVENANT AGAINST CONTINGENT FEES*

GC-13 ENGLISH REQUIREMENTS*

GC-14 LICENSES AND PERMITS

GC-15 GOODS*

GC-16 RIGHTS IN PROPERTY*

GC-17 INDEPENDENT CONTRACTOR

GC-18 SUBCONTRACTORS AND SUPPLIERS*

GC-19 STANDARDS OF PERFORMANCE*

GC-20 INSPECTION OF WORK (ACCEPTANCE)*

GC-21 SAFETY*

GC-22 SAFETY AND LOSS PREVENTION*

GC-23 UNAUTHORIZED ACTIONS*

GC-24 LIABILITY AND INDEMNIFICATION*

GC-25 PERIOD OF PERFORMANCE

GC-26 EXTENSION OF TIME

GC-27 SUSPENSION*

GC-28 HISTORICAL, ARCHAEOLOGICAL, PALEONTOLOGICAL, AND SCIENTIFIC DISCOVERIES*

GC-29 CHANGES

GC-30 NOTICE OF INTENT TO CLAIM AND CLAIMS

GC-31 RESOLUTION OF DISPUTES

GC-32 FINAL ACCEPTANCE*

GC-33 WARRANTY*

GC-34 SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE*

GC-35 RIGHTS IN TECHNICAL DATA, PATENTS AND COPYRIGHTS*

GC-36 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT*

GC-37 ENVIRONMENTAL COMPLIANCE

GC-38 THE CONTRACTOR'S INTERACTION WITH THE MEDIA AND THE PUBLIC*

GC-39 TERMINATION FOR CONVENIENCE OF LACMTA*

GC-40 TERMINATION FOR DEFAULT*

GC-41 ASSIGNMENT*

GC-42 NO WAIVER

GC-43 SEVERABILITY*

GC-44 AUDIT REQUIREMENTS*

GC-45 CONTRACTOR'S OBLIGATIONS*

REGULATORY REQUIREMENTS

RR-01 ADMINISTRATIVE CODE*

RR-02 DISCRIMINATION*

RR-03 PUBLIC RECORDS ACT*

RR-04 CIVIL RIGHTS REQUIREMENTS*

RR-05 CLEAN WATER AND CLEAN AIR REQUIREMENTS*

RR-06 CONTRACTOR REGISTRATION LAW* (RESERVED)

RR-07 COMPLIANCE WITH CALIFORNIA HEALTH AND SAFETY CODE (HSC) §25250.51 (RESERVED)

RR-08 ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM*

RR-09 SAFE OPERATION OF MOTOR VEHICLES - SEAT BELT USE*

RR-10 SAFE OPERATION OF MOTOR VEHICLES - DISTRACTED DRIVING*

RR-11 FTA NOTIFICATION FOR FTA CONCERNS*

EXHIBITS (CONTRACT)

EXHIBIT A SCOPE OF SERVICES

EXHIBIT B PRICING AGREEMENT

EXHIBIT C WORK-COMPLETION/DELIVERABLE SCHEDULE (RESERVED)

EXHIBIT D DIVERSITY & ECONOMIC OPPORTUNITY DEPARTMENT CONTRACT COMPLIANCE MANUAL

(STATE/LOCAL)

EXHIBIT E-1 PAYMENT CERTIFICATION (CONTINUOUS)

EXHIBIT E-2 PAYMENT CERTIFICATION (FINAL)

EXHIBIT F RELEASE OF CLAIMS

EXHIBIT G APPROVED SUBCONTRACTORS AND SUPPLIERS

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

EXHIBIT H INSURANCE REQUIREMENTS

EXHIBIT I 49 CRF PART 20 (RESERVED)

EXHIBIT J 29 CFR 5.5 AND APPLICABLE FEDERAL PREVAILING WAGE CLASSIFICATIONS

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

I. LETTER OF INVITATION

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

LOI-01 NOTICE AND INVITATION

DATE: Monday, September 14, 2026

ATTENTION: PROSPECTIVE PROPOSER

SUBJECT: REQUEST FOR PROPOSAL No. PS140683(2)

SOLICITATION TITLE: PROGRAM ADMINISTRATION SERVICES FOR TOC ECONOMIC DEVELOPMENT

PROGRAM PILOT FUND

The Los Angeles County Metropolitan Transportation Authority (LACMTA) has established a contracting opportunity to provide the following: Program Administration Services for the Transit Oriented Communities (TOC) Economic Development Program Pilot Investment Fund. This project is detailed in the Scope of Services, Exhibit A. The resultant contract, if awarded, will be state/locally funded and is subject to fiscal year funding.

You are requested to submit to LACMTA a Proposal to furnish all Services, including, but not limited to, all management, labor, or materials and other related items required for the performance of a contract resulting from this Request for Proposal (RFP) on a(n) Firm Fixed Price basis. This Contract includes a three year (3) base term with two, one year options; for a total of five years.

Proposals in response to this solicitation shall be submitted electronically via email to bids@metro.net.

Proposals must be received no later than 2:00 p.m. on Monday, October 12, 2026. Time of receipt is determined by the date/time stamp imprinted upon the email system. It is recommended that proposers send their email(s) allowing for sufficient time to ensure that the proposer can meet the proposal due date.

Additionally, it is recommended that proposer's email(s) are sent with a Delivery and Read receipt for their records. Lastly, proposers should send a verification email to the named Contract Administrator of the RFP after the email submission(s) of proposal to bids@metro.net. The verification email should indicate that a proposal has been submitted by Vendor Name for RFP# on X number of emails.

LOI-02 DEFINITIONS

Refer to the Contract Documents, including, but not limited to, the Section titled GLOSSARY OF TERMS in the General Conditions for the meaning of various abbreviations, acronyms and terms used in this RFP but not defined herein.

LOI-03 AVAILABILITY OF SOLICITATION DOCUMENTS

The RFP documents are available for download through LACMTA's Vendor Portal (Open Solicitations).

LOI-04 COMMUNICATION WITH LACMTA

All communications in connection with this RFP shall be provided as follows:

Contract Administrator:

mailto:bids@metro.net mailto:bids@metro.net https://business.metro.net/webcenter/portal/VendorPortal/pages_home/solicitations/openSolicitations

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

• By U.S. Mail, FedEX, UPS or courier:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 Attention: Tarek Abuomar, Principal Contract Administrator RFP No. PS140683(2)

• By telephone at (213) 922-5251

• By electronic mail at abuomart@metro.net

Diversity & Equal Opportunity: Barbara Thomasson at (213) 922-2132 or via email at DEODS@metro.net.

Request for information on lobbyist registration are to be directed to the Ethics Department at One Gateway Plaza, Mail Stop 99-19-1, Los Angeles, CA 90012; ethics@metro.net.

Pre-Qualification Department: (213) 922-4130 or via email at Pre-Qual@metro.net.

LOI-05 VIRTUAL OR IN PERSON PRE-PROPOSAL CONFERENCE

LACMTA will hold a Virtual and In Person Pre-Proposal Conference. Proposers are invited to attend the Virtual or In Person Pre-Proposal Conference. Attendance is not mandatory to be considered for award of a contract; however, when a Pre-Proposal Conference is held, attendance is encouraged.

Virtual Pre-Proposal Conference

Time and Date: 9:00 a.m. on Wednesday, September 30, 2026

Location:

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/280432781404285?p=Q6cg9NDKuOtn8fLEya Meeting ID: 280 432 781 404 285 Passcode: K8iA2Ja6

Dial in by phone +1 213-279-1001,,315370686#United States, Los Angeles Find a local number Phone conference ID: 315 370 686#

Or

In Person

One Gateway Plaza, Los Angeles, CA 90012, Henry Huntington: Room 03-30A mailto:ethics@metro.net https://teams.microsoft.com/meet/280432781404285?p=Q6cg9NDKuOtn8fLEya file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,315370686 file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,315370686 file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,315370686 https://dialin.teams.cloud.microsoft/3cd961a0-34f2-4621-a3cb-51eaa4028e8e?id=315370686

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

LOI-06 WORKSITE VISIT (RESERVED)

LOI-07 BASIS OF AWARD

A. The Contract award will be made to the Proposer whose Proposal meets the requirements of the RFP and is most advantageous to LACMTA based upon the Proposal Evaluation Criteria found in Exhibit 3.

LACMTA reserves its rights, including, but not limited to, those identified in the Instructions to Proposers, LACMTA RIGHTS, and to be the sole judge of the merits of the respective Proposals received.

B. If this Contract provides for options, LACMTA will evaluate the option pricing at the time it considers Proposals. LACMTA's inclusion of an option in a request for proposal or any contract awarded shall not obligate LACMTA to exercise the option, or to preclude LACMTA from initiating a new solicitation for the services to which the option applies.

LOI-08 EXHIBITS

This solicitation incorporates all Exhibit documents, including but not limited to, those identified as Exhibits (Solicitation) and Exhibits (Contract), with the same force and effect as if they were provided in this solicitation in full text.

LOI-09 CONTRACT DOCUMENTS

A sample copy of all Contract Documents is included as part of this solicitation.

LOI-10 MILESTONE PAYMENTS (RESERVED)

LOI-11 INDEMNITY

Any contract awarded pursuant to this RFP will contain the indemnity provisions included in the Section titled LIABILITY AND INDEMNIFICATION in the General Conditions, which will require the Proposer to indemnify LACMTA as provided therein.

LOI-12 LIQUIDATED DAMAGES (RESERVED)

LOI-13 SOLICITATION LINKS

This solicitation may reference the followingelectronic webpages/links. The following listing is provided for the convenience of the Bidders or Proposers and LACMTA does not warrant it to be an all-inclusive listing. Other links may be identified in other solicitation documents or Contract Documents.

• Vendor Portal (Open Solicitations)

• California's Online Marketplace

• Office of Civil Rights https://business.metro.net/webcenter/portal/VendorPortal/pages_home/solicitations/openSolicitations https://business.metro.net/webcenter/portal/VendorPortal/pages_home/solicitations/openSolicitations https://caleprocure.ca.gov/ https://dot.ca.gov/programs/civil-rights https://dot.ca.gov/programs/civil-rights

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

• BLS North American Industry Classification System (NAICS)

• US Census North American Industry Classification System

• Metro Contractor Pre-Qualification Program

• LACMTA Administrative Code

• LACMTA Lobby Ordinance (Applicable Law)

• LACMTA Contractor's Code of Conduct

• Protest Instructions (protest procedures)

• Labor Compliance Manual

• Living Wage and Service Contractor Worker Retention Policy Manual

• Environmental Policy

• Federal Transit Administration (Drug and Alcohol) http://www.bls.gov/bls/NAICS.htm http://www.census.gov/eos/www/naics/ https://www.metro.net/about/business/pre-qualification/ http://media.metro.net/images/MTA%20Administrative%20Code%20Enactment.pdf http://lrs.metro.net/forms/applicablelaw.aspx http://lrs.metro.net/forms/applicablelaw.aspx http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/ebb/protest.pdf https://www.metro.net/about/lwrp/ https://www.metro.net/about/lwrp/ http://media.metro.net/about_us/sustainability/images/Environmental.pdf https://transit-safety.fta.dot.gov/DrugAndAlcohol/Regulations/Regulations/default.aspx

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

LOI-14 CRITICAL DATES

The following dates are critical for this solicitation:

RFP Issue Date: Monday, September 14, 2026

Virtual Pre-Proposal Conference: September 30, 2026, at 9 a.m. (local time)

Questions Due Date: October 2, 2026, at 2 p.m. (local time)

Pre-Qualification Application Due Date: October 12, 2026, at 2 p.m. (local time)

Proposal Due Date: October 12, 2026 at 2 p.m. (local time)

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

LOI-15 DBE PROGRAM (RESERVED)

LOI-16 SBE/DVBE PROGRAM

Bidders/Proposers are hereby notified that:

This project is funded with state and/or local funds and will comply with LACMTA's Small Business Enterprise (SBE) and Disabled Veteran Business Enterprise (DVBE) or Medium Size Business Enterprise (MSZ) program requirements. It is LACMTA's policy that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any contract or in the administration of its SBE/DVBEor MSZ programs.

An SBE/DVBE Subcontracting goal was not recommended for this project.

Pursuant to the SBE/DVBE Program, if the Bidder/Proposer identifies subcontracting opportunities in the solicitation process or during the performance of the contract, LACMTA expects the Bidder/Proposer to afford maximum opportunities available to SBE/DVBE firms.

For a List of Certified Firms please see Exhibit 4.

LOI-17 SBE SET-ASIDE PROGRAM (RESERVED)

LOI-18 MSZ PROGRAM (RESERVED)

LOI-19 LSBE PREFERENCE (RESERVED)

LOI-20 LOI SIGNATURES

For this solicitation, the resulting Contract is set up to be conducted electronically, including the use of electronic signatures. If you wish to opt out of electronic transactions for the Contract, you must notify the Contract Administrator in writing.

Issued by:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Tarek Abuomar Principal Contract Administrator abuomart Signature

Program Administration Services for TOC Economic Development Program Pilot Fund

II. PROPOSAL INSTRUCTIONS

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

INSTRUCTIONS TO PROPOSERS

IP-01 PRE-QUALIFICATION REQUIREMENTS

A. Pre-Qualification applies to primes, first tier subcontractors and direct suppliers to LACMTA. Pre- Qualification is required for all firms not exempted from the process if their bid or proposal will exceed $500,000 for non-Construction contracts. Pre-Qualification is required of all firms not exempted from the process regardless of amount for public works construction contracts. Failure to do so may cause your Proposal to be rejected as non-responsive.

B. Contractor Pre-Qualification Applications must be emailed to Pre-Qual@metro.net, the LACMTA Pre- Qualification Office, no later than the Proposal due date and time. DO NOT insert copies of pre-qualification documents in your Proposal. All first-tier subcontractors must be pre-qualified prior to performing any Services. Contractor is responsible for ensuring a timely submittal of all Contractor Pre- Qualification Applications.

C. For contact information, please refer to the Letter of Invitation (LOI). For detailed instructions, refer to the Contractor Pre-Qualification Application which can be downloaded from LACMTA's Pre-Qualification website, or provided by the Pre-Qualification Office.

IP-02 CONTRACTOR REGISTRATION LAW (RESERVED)

IP-03 EXAMINATION OF RFP DOCUMENTS

A. All Proposals shall be submitted in strict accordance with the RFP documents.

B. Copies of the solicitation and LACMTA responses to all written questions, requests for interpretation, and requests for clarification will be available as provided in this RFP. The Proposer is solely responsible for the examination of solicitation documents, reviewing all amendments, and comprehending all conditions that may impact the Proposal and the performance of the Services should the Proposer be selected. Failure of the Proposer to examine and inform itself is at its sole risk.

IP-04 INTERPRETATION OF RFP DOCUMENTS

A. Requests for interpretation or clarification of the solicitation documents shall be submitted in writing. All written requests shall be submitted to the Contract Administrator identified in the LOI. Written responses to requests for interpretation or clarification will be provided to all prospective Proposers.

B. To ensure that responses are provided to all prospective Proposers, inquiries shall be received at least ten

(10) working days prior to the submittal due date. Where such interpretation or clarification requires a change in the solicitation documents, LACMTA will issue an amendment.

C. LACMTA shall not be bound by, and the Proposers shall not rely on for any purpose, any oral interpretation or oral clarification of the solicitation documents.

mailto:Pre-Qual@metro.net http://media.metro.net/uploads/EBB/PQA/images/Pre-Qualification.pdf

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

IP-05 COMMUNICATION WITH LACMTA OTHER THAN THE CONTRACT ADMINISTRATOR

Any written correspondence with the following support groups should include a copy to the attention of the Contract Administrator identified in the LOI.

A. Pre-Qualification addressed in PRE-QUALIFICATION REQUIREMENTS, which should be directed to the Pre-Qualification Department as indicated in the LOI, and

B. Diversity and Economic Opportunity, which should be directed to the Diversity and Economic Opportunity Department (DEOD), as indicated in the LOI.

IP-06 AMENDMENTS

A. LACMTA reserves the right to revise the solicitation documents prior to the Proposal submittal due date.

Such revisions, if any, will be made by amendment to this RFP.

B. Proposers shall acknowledge receipt of all amendments to the solicitation documents in the Proposal Letter. Failure to acknowledge receipt of all amendments and to include all the requirements of the amendments in the Proposal may render the Proposal unacceptable and cause it to be rejected.

C. Prior to submitting the Proposal to LACMTA for consideration, each Proposer is responsible for checking the LACMTA website to ensure that it has received all applicable amendments.

IP-07 PREPARATION OF SUBMITTAL

A. The Proposal shall be formatted in accordance with the requirements specified in the solicitation documents (see Submittal Requirements). Proposers shall complete and submit all required forms in accordance with the directions specified in this RFP and on the forms provided herein. All required explanatory narratives and the supplementary data are to be included with the Proposal forms as indicated.

B. Proposals shall contain concise written materials that enable the reviewer to clearly understand the Proposer's capabilities.

C. Proposals shall specifically describe the Proposer's role and relationship to its proposed subcontractors and suppliers, and describe the work allocation and organizational controls interfaces with said proposed subcontractors and suppliers.

D. Pencil or erasable ink shall not be accepted. Initial all modifications made to the Proposer's entries and identify the Proposer's name on the top right of each page, or subcontractor's name when applicable.

Liquid or dry correction materials shall not be used.

E. Failure to comply with the requirements outlined in these solicitation documents may render a Proposal incomplete and may cause rejection of the Proposal. This RFP does not commit LACMTA to enter into a contract nor does it obligate LACMTA to pay for any costs incurred in the preparation and submission of Proposals.

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

IP-08 MODIFICATIONS AND ALTERNATIVE PROPOSALS

A. Proposers are cautioned to limit exceptions, conditions, qualifications and limitations to the provisions of this RFP as they may be determined by LACMTA to cause the Proposal to be deemed non-responsive.

LACMTA may determine in its sole discretion whether a Proposal is responsive and reserves the right but assumes no obligation to waive deficiencies, informalities and irregularities to the maximum extent permitted by law.

B. Proposers submitting conforming Proposals may submit alternate Proposals to this RFP as complete separate Proposals if the alternate Proposals offer technical improvements or modifications that are to the overall benefit of LACMTA. An alternate Proposal must be equal to or better than the original requirements of the Contract Documents, as determined by LACMTA in its sole discretion. LACMTA reserves the right, at its sole discretion, to accept or reject any alternate Proposal. An alternate Proposal will not be considered by LACMTA if it would reduce quality, performance or reliability. The decision to accept or reject an alternate Proposal shall not be grounds for protest by any Proposer. Oral or telephonic Proposals and/or modifications shall not be considered.

Any alternative Proposals accepted by LACMTA will be evaluated in accordance with the Evaluation Criteria in this RFP.

IP-09 SIGNING OF PROPOSAL AND AUTHORIZATION TO NEGOTIATE

A. An Authorized Representative with the full legal authority to commit the Proposer shall execute the Proposal Letter and all required Proposal forms and other solicitation documents.

B. If the Proposer is a joint venture or partnership, it shall submit with its Proposal a duly notarized Venturer or Partner-executed Irrevocable Power of Attorney that designates the Proposer's Authorized Representative and a copy of the properly executed Joint Venture or Partnership Agreement. The Proposer's Authorized Representative shall be empowered to execute the Proposal on behalf of the Proposer and to act for and bind the Proposer in all matters relating to the Proposal. The Irrevocable Power of Attorney and the Joint Venture or Partnership Agreement shall specifically state that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of the Proposer that are assumed under any contract arising from the Proposal. The Proposer's Authorized Representative shall execute the Proposal on behalf of the joint venture or partnership in its legal name.

C. Proposers shall submit sufficient documentation to (1) establish the legal authority of the identified Authorized Representative(s) to act on behalf of the Proposer, and (2) define the scope of the Authorized Representative's authority.

IP-10 SUBMISSION OF PROPOSAL

A. LACMTA will accept Proposals submitted by the Proposer at the address and place shown in the LOI, up to the date and time shown therein.

B. It is the Proposer's sole responsibility to see that its Proposal is received as required. LACMTA may leave unopened any Proposal received after the date and time for receipt of Proposals. Any such unopened Proposal may be returned to the Proposer.

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

IP-11 PROPOSAL EVALUATION PROCESS

A. LACMTA will review and evaluate the Proposals in accordance with the Evaluation Criteria, Exhibit 3, and the requirements of the solicitation documents. Following the evaluation period, the Notice of Intent to Award will be sent to all proposers.

B. During the Proposal evaluation period, staff shall determine if Proposals are responsive and Proposers are responsible. Responsiveness is defined to mean the Proposal must comply in all material respects with the RFP, as determined by LACMTA. Responsibility is defined as the apparent ability of the Proposer to meet and successfully complete the requirements of the Contract. Responsibility determination includes, but is not limited to, consideration of a Proposer's trustworthiness, the quality of past performance, financial ability, and fitness and capacity to provide the proposed Services in a satisfactory manner. Proposers may be required by LACMTA to present further evidence that they have successfully performed similar services of comparable magnitude or provide other proof satisfactory to LACMTA that they are competent to successfully perform the Services.

C. A debriefing is available to Proposers after award. Proposers must request the debriefing in writing within five (5) days of receipt of the Notice of Intent to Award. Any request for a debriefing should be addressed to the Contract Administrator identified in the LOI.

IP-12 WITHDRAWAL OF SUBMITTAL

The Proposer, by means of a written request signed by the Proposer's Authorized Representative, may withdraw a Proposal. Such written request shall be delivered to the Contract Administrator identified in the LOI prior to the award recommendation.

IP-13 LACMTA RIGHTS

LACMTA may investigate the qualifications and responsibility of any Proposer under consideration, inclusive of, but not limited to, the information provided in the Contractor Pre-Qualification Application, Proposal, or any other information available to LACMTA. LACMTA may require confirmation of information furnished by a Proposer, and require additional evidence of qualifications and responsibility to perform the Services described in this RFP.

LACMTA reserves the right to take any of the actions below:

A. Reject any or all of the Proposals, at its discretion;

B. Remedy errors in the RFP;

C. Cancel the entire RFP;

D. Issue subsequent RFP;

E. Amend the RFP before and after receipt of Proposals;

F. Exercise its sole discretion to determine matters of responsiveness and issues that may be cured or addressed through evaluation of the criteria and sub-criteria identified in the RFP, and request further or additional information from any or all Proposers;

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

G. Appoint evaluation committees to review Proposals;

H. Seek the assistance of outside technical experts to review Proposals;

I. Request clarification from any or all Proposers of any information contained in Proposals;

J. Conduct discussions with any or all of the Proposers;

K. Approve or disapprove the use of particular subcontractors and suppliers;

L. Establish a list of Proposers within a competitive range for purposes of discussions or negotiations;

M. Solicit best and final offers (BAFO) from all or some of the Proposers;

N. Exercise its discretion in evaluating Proposals according to the Evaluation Criteria to determine the Proposal most advantageous to LACMTA;

O. Negotiate with any, all or none of the Proposers;

P. Award a contract to one or more Proposers;

Q. Accept other than the lowest priced Proposal;

R. Disqualify the Proposal(s) upon evidence of an organizational conflict of interest, false or misleading certifications or representations in its Proposal, or collusion with intent to defraud or other illegal practices on the part of the Proposer(s);

S. Waive any informalities or irregularities in any Proposal, to the extent permitted by law;

T. Award a contract without interviews, discussions or negotiations;

U. Require, as a condition to the award of any contract, security from Proposers for the full and faithful performance and completion of the contract in a form determined by LACMTA in its sole discretion, including without limitation payment bonds, performance bonds, letters of credit and guarantees from shareholders of the Proposer or otherwise;

V. Require, in its sole discretion, Proposers to provide current cost and pricing data;

W. Examine any books, records, accounts and other documents of any Proposer as it relates to the Proposal;

and

X. Accept, reject, or negotiate the terms of any alternate Proposal.

IP-14 PUBLIC RECORDS ACT

A. Responses to this RFP are subject to the provisions of the California Public Records Act (California Code Government Code § 6250 et seq.).

B. Any documents, including financial records, provided by the Proposer/Contractor to LACMTA marked "Trade Secret," "Confidential," or "Proprietary" provided by the Proposer/Contractor to LACMTA shall be handled in accordance with the Section titled PUBLIC RECORDS ACT in the Regulatory Requirements.

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

IP-15 DISQUALIFICATION OF PROPOSERS

A. Organizational conflict of interest restrictions apply to this RFP Process. Organizational conflicts of interest are fact dependent and may arise in various situations or circumstances, including but not limited to, as referenced in the SPECIAL PROVISION entitled

ORGANIZATIONAL CONFLICTS OF INTEREST.

B. As noted above, organizational conflicts of interest are fact dependent, and the party with the greatest access to the relevant facts as to whether a Proposer has an organizational conflict of interest will always be the Proposer itself. LACMTA is the ultimate arbiter of whether a Proposer has an organizational conflict of interest. LACMTA has determined that it is not appropriate for LACMTA to:

1. Evaluate a particular Proposer's circumstances before receiving all the facts that would be included in a proposal;

2. Give legal advice; or

3. Make a business decision for a Proposer concerning participation in a procurement.

C. Proposers are prohibited from:

1. Directly or indirectly obtaining any advice or engaging in discussions relating to the Project or the RFP Process from or with; or

2. Including on its Proposer team, any person or entity with an organizational conflict of interest.

Proposers are responsible for identifying any potential or actual organizational conflict of interests before obtaining any advice or engaging in any discussions relating to the Project or the RFP Process and when determining who to include within the Proposer team.

D. By submitting a Proposal, each Proposer agrees that if any perceived, potential, or actual organizational conflict of interest is discovered after the Proposer has submitted its Proposal, the Proposer will make an immediate and full written disclosure to LACMTA that includes:

1. The names and contact information of the persons or entities to which the perceived, potential, or actual organizational conflict of interest relates;

2. A description of the perceived, potential, or actual organizational conflict of interest; and

3. A description of the action that the Proposer has taken, or proposes to take, to avoid or mitigate such perceived, potential, or actual organizational conflict of interest.

E. The process for responding to any LACMTA organizational conflict of interest finding shall be governed by LACMTA's organizational conflict of interest policy and Administrative Code.

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

IP-16 FILING OF PROTESTS

A. All protests must be filed and resolved in accordance with LACMTA's Protest Procedures.

B. Appeals from the denial of Pre-Qualification must be filed and resolved in accordance with LACMTA's procedures for denial of Pre-Qualification (available for download at LACMTA's Pre-Qualification website).

IP-17 EVALUATION CRITERIA EXHIBIT

This solicitation incorporates the Evaluation Criteria document(s) as an exhibit. Please see Exhibit 3 for the full text of the Evaluation Criteria document(s).

END OF INSTRUCTIONS TO PROPOSERS

http://media.metro.net/ebb/protest.pdf https://www.metro.net/about/business/pre-qualification/

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

DEOD INSTRUCTIONS

DI-01 - INSTRUCTIONS TO BIDDERS/PROPOSERS

SECTION 100 - SBE/DVBE PROGRAM

100 LACMTA POLICY STATEMENT: The Los Angeles County Metropolitan Transportation Authority (LACMTA) is the recipient of non-federal funds from state and local funding sources. It is LACMTA's policy to provide maximum opportunity for Small Business Enterprises(s) and Disabled Veteran Business Enterprise(s) to compete and to foster increased SBE/DVBE participation in its procurement and contracting program.

LACMTA shall take the following necessary and reasonable steps to ensure nondiscrimination in the award and administration of non-federally funded contracts.

A. To take all reasonable steps to ensure nondiscrimination in the award and administration of non-federally funded contracts.

B. Create a level playing field on which SBEs/DVBEs can compete fairly for LACMTA contracts.

C. Ensure that only firms that fully meet the eligibility requirements of LACMTA's or the Bay Area Rapid

Transit (BART) SBE Program and the California Department of General Services (DGS) DVBE certification criteria are permitted to participate as SBE/DVBEs.

D. Assist in removing barriers to allow the participation of SBEs/DVBEs in LACMTA contracts.

E. Assist the development of firms that can compete successfully in the marketplace outside the SBE/DVBE program.

101 INTERPRETATION: Any conflict, error, omission or ambiguity which may arise between these instructions, California law and LACMTA's SBE/DVBE Program shall be resolved first in favor of California law and second in favor of LACMTA's SBE/DVBE program. Failure of a Bidder/Proposer or its subcontractors, consultants, suppliers, or other entities to carry out these requirements may be grounds for LACMTA to implement administrative penalties or other remedies imposed by LACMTA.

102 SUSPENSION OR DEBARMENT: Suspension or debarment proceedings shall be initiated by LACMTA against any firm that:

A. The contractor attempts to participate in the LACMTA SBE/DVBE Program as an SBE/DVBE prime or subcontractor if the firm does not meet the eligibility criteria stated in the Certification Standards for SBE/DVBE programs and if it attempts to participate on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty.

B. Attempts to participate in the LACMTA MSZ Program as an MSZ-I or MSZ-II if the firm does not meet the eligibility criteria stated in LACMTA's MSZ Program policy, and if it attempts to participate on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty.

C. In order to meet the SBE/DVBE subcontracting goals or other SBE/DVBE program requirements, the contractor, uses or attempts to use on the basis of false, fraudulent or deceitful statements or representations, another firm that does not meet the SBE/DVBE eligibility criteria stated in the certification standards.

In either case, LACMTA shall take action through the Diversity & Economic Opportunity Department (DEOD) and/or LACMTA's Office of Inspector General for further action and may refer the matter for prosecution under appropriate criminal statutes.

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

103 SBE and DVBE CONTRACT GOALS:

SBE/DVBE goals are established based on the analysis of the scope of work, and the availability of SBE/DVBE firms that are ready, willing, and able to perform. If established, the contract goal is listed in the LOI. If a contract goal is not established, Bidders/Proposers are encouraged to utilize SBE/DVBE firms when opportunities are available during the performance of the contract. The successful Bidder/Proposer will be required to report SBE/DVBE participation throughout the period of performance.

104 RESPONSIVENESS TO SBE and DVBE CONTRACT GOALs:If SBE and DVBE contract goals are established for this contract, obtaining the contract goals is a matter of responsiveness. For a Bidder/Proposer to be considered responsive, it must document that it obtained enough SBE and DVBE participation to meet or exceed the goal at the time of Bid/Proposal due date. LACMTA will not round up the commitment percentage when determining the Bidder/Proposer's responsiveness to the SBE and DVBE goal(s). Bidders/Proposers that do not meet or exceed each goal will not be eligible for award.

Bidders/Proposers shall provide the following:

A. Names and addresses of SBE and DVBE firms that will participate in this contract.

B. Description of the work each SBE and DVBE will perform. To count toward meeting the SBE and DVBE goal, each SBE and DVBE firm(s) must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract.

C. Dollar commitments of each SBE or DVBE firm(s) participating to meet the SBE or DVBE goal. Splitting SBE and DVBE dollar commitments between one firm that is performing the same and/or similar scope of work is not allowable. If a firm is certified as both an SBE and a DVBE, Bidders/Proposers must list the firm separately, with different and distinct scopes of work and dollar commitments, to meet each individual goal.

D. Written documentation of the Bidder's/Proposer's commitment to use an SBE or DVBE subcontractor(s) whose participation it submits to meet the SBE and DVBE contract goal(s).

E. Written confirmation from each listed SBE and DVBE that it is participating in the contract and the kind and amount of work as provided in the prime contractor's commitment.

105 SBE and DVBE COMMITMENT(S): After contract award, all SBE and DVBE commitment percentages made by Bidders/Proposers at the time of contract award, are monitored and enforced from contract inception through completion. Failure to meet the SBE and DVBE commitment may result in penalties and/or administrative sanctions. SBE and DVBE administrative requirements for this contract are provided in the Diversity & Economic Opportunity Department Contract Compliance Manual (Non-Federal) incorporated as part of the conformed contract.

106 LACMTA OVERALL SBE and DVBE GOALS: LACMTA establishes an overall annual goal for SBE and DVBE participation. The overall SBE and DVBE goals apply to non-federally funded contracts that LACMTA expects to award for the fiscal year. LACMTA supports the use of race neutral measures to facilitate participation of SBE/DVBEs and other small businesses and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own workforce. To ascertain whether the overall SBE and DVBE goals are being achieved, LACMTA will track the dollar amount(s) paid to SBE and DVBE firms performing contract work that is eligible to be credited toward LACMTA's overall SBE and DVBE goals.

107 SBE/DVBE BID/PROPOSAL FORMS: Bidders/Proposers shall submit with their Bid/Proposal, completed SBE/DVBE Forms listed below and found in Exhibit 1. Failure to submit completed SBE and DVBE

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2) forms may deem the Bidder/Proposer non-responsive.

108 LOCAL SMALL BUSINESS ENTERPRISE (LSBE) PREFERENCE

A. SBE Bidders that meet the LSBE criteria as a prime will receive a 5% preference credit added to their overall evaluation score.

B. Bidders that do not meet the LSBE criteria as a prime, but subcontract at least 30% of the contract value with eligible LSBE firms, will receive a 5% percent preference credit added to their overall evaluation score.

C. The LSBE preference will be added as bonus points above the maximum possible evaluation criteria scale.

D. All bidders must complete the LSBE Preference Section C in the Form 2 - Affidavit

E. To be eligible for the LSBE designation, firms must meet the LSBE certification criteria outlined in Section 300 of theDiversity & Economic Opportunity Department SBE/DVBE Instructions to Bidders/Proposers.

F. A list of Certified LSBE firms was provided in the IFB for your convenience and shall be used to assist with outreach efforts. You may also locate LACMTA LSBE firms for outreach through the LACMTA LSBE Query Directory at https://metro.gob2g.com/.

G. Bidders must meet the SBE/DVBE goal to be eligible for the LSBE Preference.

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

Form No. Form Name

Completed by

Required

Contractor (Includes

DBE

Contractors)

All Subcontractors/

Suppliers

Subcontractor Listing Form

(ForDESIGN- BID-BUILD Only)

X X

Form 1 - Construction

SBE/DVBE

Subcontractors & Suppliers ( For DESIGN-

BID-BUILD

Only)

X X

Attachment A to Form 1 -

Construction

Supporting Information from

SBE/DVBE

Subcontractor

(For DESIGN- BID-BUILD Only)

X X

Form 1 - Non- Construction

Proposed Subcontrac tors & Suppliers

(For Non-construction Only)

X X

Attachment A to Form 1 - Non- Construction

Proposed Lower Tier Subcontractors & Suppliers

(For Non-construction Only)

X X

Form 2 SBE/DVBE Affidavit X X

Form 3 Business Data Sheet X X X

Form 4 SBE/DVBE Affirmation X X X

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

Form 5 Bidders List Form X X

Form 6 SBE/DVBE Regular Dealer/Distribu tor Affirmation Form

X X X

109 INFORMATION MUST BE CURRENT ACCURATE AND COMPLETE: Bidders/Proposers shall ensure all information provided in its response to the SBE/DVBE requirements are current, accurate, and complete.

110 SBE and DVBE INFORMATION: Bidders/Proposers are informed of the following:

A. SBE firms listed to meet the SBE goal must be SBE certified by LACMTA or Bay Area Rapid Transit (BART). (Reference: Section 300 SBE Certification Requirements).

B. DVBE firms listed to meet the DVBE goal must be certified by the California Department of General Services (DGS). (See Subsection 304 DVBE Certification Requirements).

C. An SBE or DVBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company.

D. An SBE or DVBE joint venture or teaming partner must be responsible for performing a clearly defined scope of work. SBE or DVBE joint venture partners must actually perform, manage and supervise the work with its own workforce; and share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. SBE or DVBE teaming partners must perform the share of work specified by the teaming agreement.

E. An SBE or DVBE must perform a commercially useful function, by being responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising at least 30% of the project work with its own workforce (see Subsection 200 - Commercially Useful Function).

111 SBE/DVBE OUTREACH: Bidders/Proposers shall outreach to SBE/DVBE firms in all available subcontract work categories identified for this contract. The following are recommended outreach efforts that Bidders/Proposers can undertake to provide maximum opportunities to SBE/DVBE firms include the following:

A. Solicit certified SBE and/or DVBE firms that have the capability to perform the work of the contract through all available means (e.g. attendance at pre-bid/proposal meetings, advertising and/or written notices).

Provide sufficient time for SBE/DVBE firms to respond and take appropriate steps to follow-up initial solicitations.

B. Select portions of work to be performed by SBE or DVBE firms in order to obtain SBE or DVBE participation, which may include breaking out contract work items into economically feasible units to facilitate SBE or DVBE participation even when the Bidder/Proposer might otherwise prefer to perform these work items with its own work forces.

Program Administration Services for TOC Economic Development Program Pilot Fund RFP No. PS140683(2)

C. Provide interested SBE/DVBE firms with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist with response to a solicitation.

D. Negotiate with SBE/DVBE firms.

E. Make efforts to assist interested SBE/DVBE firms in obtaining lines of credit or insurance as required for the contract.

F. Effectively use the services of available small business organizations and other business assistance offices to provide assistance in the recruitment of SBE/DVBE firms.

112 REPLACEMENT OF AN SBE and DVBE FIRM:Prior to contract award, if a Bidder/Proposer lists an SBE/DVBE firm that is subsequently denied prequalification or determined not eligible as an SBE/DVBE prior to award, the Bidder/Proposer shall replace the SBE/DVBE firm with another SBE/DVBE subcontractor. The Bidder/Proposer shall notify the Diversity & Economic Opportunity Department of this occurrence and shall obtain prior written approval for replacement of the SBE/DVBE firm. Bidder/Proposer shall document good faith efforts to replace SBE/DVBE firm by following the good faith effort steps outlined in Section 400 Good Faith Efforts Requirements.

A Bidder's/Proposer's inability to find a replacement SBE/DVBE at the original price is not sufficient to support a finding that good faith efforts have been made to replace the original SBE/DVBE. The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement SBE/DVBE, and it is not a sound basis for rejecting a prospective replacement SBE/DVBE's reasonable quote.

SECTION 200 - CALCULATING AND COUNTING SBE AND DVBE PARTICIPATION

200 COMMERCIALLY USEFUL FUNCTION:To receive SBE/DVBE participation credit towards the SBE/DVBE contract commitments, SBE/DVBE firm(s) must perform a commercially useful function (CUF). An SBE/DVBE must perform at least 30% of its listed work with its own workforce or must not subcontract a greater portion of the work than would be expected on the basis of normal industry practices for that type of work. SBE/DVBE firms must be responsible for the execution of the work and carrying out its responsibilities by actually performing, managing, and supervising the work involved and normal industry practices. To perform a commercially useful function, the SBE/DVBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether an SBE/DVBE is performing a commercially useful function, LACMTA will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing, and the SBE/DVBE credit claimed for its performance of the work, and other relevant factors.

An SBE/DVBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SBE/DVBE participation. In determining whether an SBE/DVBE is such an extra participant, LACMTA will examine similar transactions, particularly those in which SBE/DVBEs do not participate.

If an SBE/DVBE does not perform or exercise responsibility for at least 30 percent (30%) of the total cost of its contract with its own work force, or the SBE/DVBE subcontracts a greater portion…