PTR22-09 Solicitation Document.pdf

Date Printed: Apr 7, 2022 Page: 1 FORM ID: WV-PRC-CRFQ-002 2020/05

Department of Administration Purchasing Division 2019 Washington Street East Post Office Box 50130 Charleston, WV 25305-0130

State of West Virginia Centralized Request for Quote

Telecomm

Proc Folder: 1012569 Reason for Modification:

Doc Description: Radio Equipment

Proc Type: Central Purchase Order

Date Issued Solicitation Closes Solicitation No Version

2022-04-07 2022-04-21 13:30 CRFQ 0805 PTR2200000009 1

BID RECEIVING LOCATION

BID CLERK

DEPARTMENT OF ADMINISTRATION

PURCHASING DIVISION

2019 WASHINGTON ST E

CHARLESTON WV 25305

US

VENDOR

Vendor Customer Code:

Vendor Name :

Address :

Street :

City :

State : Country : Zip :

Principal Contact :

Vendor Contact Phone: Extension:

FOR INFORMATION CONTACT THE BUYER

Jessica L Hovanec 304-558-2314 jessica.l.hovanec@wv.gov

Vendor Signature X FEIN# DATE

All offers subject to all terms and conditions contained in this solicitation

Date Printed: Apr 7, 2022 Page: 2 FORM ID: WV-PRC-CRFQ-002 2020/05

ADDITIONAL INFORMATION

The West Virginia Purchasing Division is soliciting bids on behalf of West Virginia Division of Public Transit to establish a contract for the one-time purchase of communication equipment, hardware, and programming, per the specifications, terms, and conditions as attached hereto. These radios will operate on the State Interoperable Radio Network (SIRN).

INVOICE TO SHIP TO

PUBLIC TRANSIT DIVISION

OF

STATE OF WEST VIRGINIA

BLDG 5 RM 663 VARIOUS LOCATIONS AS

INDICATED BY ORDER

1900 KANAWHA BLVD E

CHARLESTON WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 1 Kenwood NX-5800K2 UHF P25 Base Radio, or equal

1.00000 EA

Comm Code Manufacturer Specification Model #

46171625

Extended Description:

Kenwood NX-5800K2 UHF P25 Base Radio, or equal

INVOICE TO SHIP TO

PUBLIC TRANSIT DIVISION

OF

STATE OF WEST VIRGINIA

BLDG 5 RM 663 VARIOUS LOCATIONS AS

INDICATED BY ORDER

1900 KANAWHA BLVD E

CHARLESTON WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 2 Kenwood NX-5300K5 UHF P25 Portable Radio, or equal

2.00000 EA

Comm Code Manufacturer Specification Model #

46171625

Extended Description:

Kenwood NX-5300K5 UHF P25 Portable Radio, or equal

Date Printed: Apr 7, 2022 Page: 3 FORM ID: WV-PRC-CRFQ-002 2020/05

INVOICE TO SHIP TO

PUBLIC TRANSIT DIVISION

OF

STATE OF WEST VIRGINIA

BLDG 5 RM 663 VARIOUS LOCATIONS AS

INDICATED BY ORDER

1900 KANAWHA BLVD E

CHARLESTON WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 3 Kenwood NX-5800K2 UHF P25 Mobile Radio, or equal

6.00000 EA

Comm Code Manufacturer Specification Model #

46171625

Extended Description:

Kenwood NX-5800K2 UHF P25 Mobile Radio, or equal

INVOICE TO SHIP TO

PUBLIC TRANSIT DIVISION

OF

STATE OF WEST VIRGINIA

BLDG 5 RM 663 VARIOUS LOCATIONS AS

INDICATED BY ORDER

1900 KANAWHA BLVD E

CHARLESTON WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 4 Aware GPS Software, or Equal. 6.00000 EA

Comm Code Manufacturer Specification Model #

46171625

Aware GPS Software, or equal

Date Printed: Apr 7, 2022 Page: 4 FORM ID: WV-PRC-CRFQ-002 2020/05

PUBLIC TRANSIT DIVISION

OF

STATE OF WEST VIRGINIA

BLDG 5 RM 663 VARIOUS LOCATIONS AS

INDICATED BY ORDER

1900 KANAWHA BLVD E

CHARLESTON WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 6 HP Z Book 17 Mobile Workstation Laptop, or equal.

1.00000 EA

Comm Code Manufacturer Specification Model #

46171625

Extended Description:

HP Z Book 17 Mobile Workstation Laptop, or equal.

INVOICE TO SHIP TO

PUBLIC TRANSIT DIVISION

OF

STATE OF WEST VIRGINIA

BLDG 5 RM 663 VARIOUS LOCATIONS AS

INDICATED BY ORDER

1900 KANAWHA BLVD E

CHARLESTON WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 7 Sony Bravia 32" LED Monitor, or equal. 1.00000 EA

Comm Code Manufacturer Specification Model #

46171625

Sony Bravia 32" LED Monitor, or equal

Date Printed: Apr 7, 2022 Page: 5 FORM ID: WV-PRC-CRFQ-002 2020/05

PUBLIC TRANSIT DIVISION

OF

STATE OF WEST VIRGINIA

BLDG 5 RM 663 VARIOUS LOCATIONS AS

INDICATED BY ORDER

1900 KANAWHA BLVD E

CHARLESTON WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 8 Installation of Hardware and Programming 1.00000 EA

Comm Code Manufacturer Specification Model #

46171625

Extended Description:

Installation of all Hardware and Programming of Radios to work on the WV Radio Network.

SCHEDULE OF EVENTS

Line Event Event Date 1 Technical Questions due by April 13, 2022 at 10:00 AM

EST

2022-04-13

Revised 04/01/2022

Questions submitted at least five business days prior to a scheduled pre-bid will be discussed at the pre-bid meeting if possible. Any discussions or answers to questions at the pre-bid meeting are preliminary in nature and are non-binding. Official and binding answers to questions will be published in a written addendum to the Solicitation prior to bid opening.

4. VENDOR QUESTION DEADLINE: Vendors may submit questions relating to this Solicitation to the Purchasing Division. Questions must be submitted in writing. All questions must be submitted on or before the date listed below and to the address listed below to be considered. A written response will be published in a Solicitation addendum if a response is possible and appropriate. Non-written discussions, conversations, or questions and answers regarding this Solicitation are preliminary in nature and are nonbinding.

Submitted emails should have the solicitation number in the subject line.

Question Submission Deadline:

Submit Questions to:

2019 Washington Street, East Charleston, WV 25305 Fax: (304) 558-3970 Email:

5. VERBAL COMMUNICATION: Any verbal communication between the Vendor and any State personnel is not binding, including verbal communication at the mandatory pre-bid conference. Only information issued in writing and added to the Solicitation by an official written addendum by the Purchasing Division is binding.

6. BID SUBMISSION: All bids must be submitted on or before the date and time of the bid opening listed in section 7 below. Vendors can submit bids electronically through wvOASIS, in paper form delivered to the Purchasing Division at the address listed below either in person or by courier, or in facsimile form by faxing to the Purchasing Division at the number listed below.

Notwithstanding the foregoing, the Purchasing Division may prohibit the submission of bids electronically through wvOASIS at its sole discretion. Such a prohibition will be contained and communicated in the wvOASIS system resulting in the Vendor’s inability to submit bids through wvOASIS. The Purchasing Division will not accept bids, modification of bids, or addendum acknowledgment forms via email. Bids submitted in paper or facsimile form must contain a signature. Bids submitted in wvOASIS are deemed to be electronically signed.

Any bid received by the Purchasing Division staff is considered to be in the possession of the Purchasing Division and will not be returned for any reason.

For Request for Proposal (“RFP”) Responses Only: Submission of a response to a Request for Proposal is not permitted in wvOASIS. In the event that Vendor is responding to a request for proposal, the Vendor shall submit one original technical and one original cost proposal prior to the bid opening date and time identified in Section 7 below, plus convenience copies of each to the Purchasing Division at the address shown below. Additionally, the Vendor should clearly identify and segregate the cost proposal from the technical proposal in a separately sealed envelope.

April 13, 2022 at 10:00 AM EST

Jessica L. Hovanec, Senior Buyer

Jessica.L.Hovanec@wv.gov

N/A wv

Jessica L. Hovanec

CRFQ PTR2200000009

April 21, 2022

1:30 PM EST

304-558-3970

April 21, 2022 at 1:30 PM EST

$1,000,000

$1,000,000

By signing below, I further certify that I understand this Contract is subject to the provisions of West Virginia Code § 5A-3-62, which automatically voids certain contract clauses that violate State law; and that pursuant to W. Va. Code 5A-3-63, the entity entering into this contract is prohibited from engaging in a boycott against Israel.

REQUEST FOR QUOTATION

Communication Equipment

Revised 10/27/2014

SPECIFICATIONS

1. PURPOSE AND SCOPE: The West Virginia Purchasing Division is soliciting bids on behalf of West Virginia Division of Public Transit to establish a contract for the one-time purchase of communication equipment, hardware, and programming. These radios will operate on the State Interoperable Radio Network (SIRN). Contract Items must be delivered to Agency at Putnam County Aging Program, 2558 Winfield Road, St.

Albans, WV 25177-7804.

2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below. Additional definitions can be found in section 2 of the General Terms and Conditions.

2.1 “Contract Item” means communications equipment as more fully described by these specifications.

2.2 “Pricing Page” means the pages, contained in wvOASIS, or attached as Exhibit A, upon which Vendor should list its proposed price for the Contract Items.

2.3 “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the Purchasing Division.

2.4 “Division” means the West Virginia Division of Public Transit, DPT.

2.5 “Manufacturer/Brand” means the name of the maker of the contract item which will be supplied by the vendor.

2.6 “Model & Number” means the model’s name and model number associated with the contract item as defined by the manufacturer.

2.7 “Vendor Name” means the company name of the vendor who will be supplying the contract item(s) to the Division.

2.8 “Warranty” means the written guarantee issued with new equipment. It defines the manufacturer’s responsibility for the repair or replacement of defective parts and other services provided as part of the purchase price. A warranty can be nullified if the user does not follow certain stipulations of the manufacturer, such as preventive maintenance.

2.9 “FTA” means Federal Transit Administration.

2.10 “GPS” means Global Positioning System, an accurate worldwide navigational and surveying facility based on the reception of signals from and array of orbiting satellites.

2.11 “DB or Decibel” means a logarithmic unit used to measure sound level.

2.12 “VUI” means voice user interface (VUI) is a speech recognition technology that allows people to interact with a computer, smartphone, or other device through voice commands.

2.13 “Gain of Mobile Antenna” means how well the antenna coverts input power into radio waves headed in a specified direction.

2.16 “License Key” means the data string that verifies authorized software products access.

2.14 “Trunking” means a technique used in date communications transmission systems to provide many users with access to a network by sharing multiple lines or frequencies.

2.17 “Hertz” is a unit of frequency equal to one cycle per second.

2.18 “MHz or Megahertz” is a unit of frequency equal to one million hertz.

2.19 “UHF” means Ultra High Frequency is designated for radio frequencies in the range between 300 megahertz and 3 gigahertz.

2.19 “RSM” means Retain Unified Archiving

2.20 “mAh” means the capacity of batteries, (milliampere/hour)

2.21 “Li ion” is Lithium-ion Battery.

2.22 “Link Lay Authentication” is an information security management technique in which the identity of an individual or system is verified by more than one authentication process.

2.23 “Phase 1” is one channel on the FM frequency that is a narrowband width.

2.24 “Phase 2” is two channels on the FM frequency that is a narrowband width.

3. GENERAL REQUIREMENTS:

3.1 Mandatory Contract Item Requirements: Contract Item must meet or exceed the mandatory requirements listed below.

3.1.1 Communication Equipment:

3.1.1.1 Item #1

Kenwood NX-5800K2 UHF P25 Base Radio, or equal, Complete with 45 WATTs, P25 Conventional & Trunking, LCD Radio Display, Power Supply, Desk Microphone, Fiberglass Antenna, Antenna Mount, Wall Mount, Cables, and Connectors.

3.1.1.2 Item #2

Kenwood NX-5300K5 UHF P25 Portable Radio, or equal.

Complete with 5 ATTs, P25 Conventional, Phase 1 Trunking, 2600 mAh Lithium Battery, Rapid Rate Charger, Antenna & Belt Clip

3.1.1.3 Item#3

Kenwood NX-5800K2 UHF P25 Mobile Radio, or equal, Complete with 45 WATTs, P25 Conventional & Trunking, Remote Mount LCD Radio Display, External Speaker, Antenna, Antenna Mount, L Bracket, Cable, Line Filter, Ignition Sense Cable, Connectors.

3.1.1.4 Item #4

Aware GPS Software, or equal.

3.1.1.5 Item #5

HP Z Book 17” Mobile Workstation Laptop, or equal.

GPS Setup Minimum 17.3” Screen Size Minimum 8GB Memory

3.1.1.6 Item #6

Sony Bravia LED Monitor, or equal, with HDMI Cable.

Minimum 32” screen size.

3.1.1.7 Item #7

Installation of all Hardware and all Radios to be

Programmed to work on the WV Radio Network.

3.1.1.8 Warranty to become effective on the first day, after the date of final acceptance, of all equipment by the end user.

4. CONTRACT AWARD:

4.1 Contract Award: The Contract is intended to provide Agencies with a purchase price for the Contract Items. The Contract shall be awarded to the Vendor that provides the Contract Items meeting the required specifications for the lowest overall total cost as shown on the Pricing Page.

4.2 Pricing Page: Vendor should complete the Pricing Page by listing the unit price for each item. The Pricing page will automatically multiple the unit price by the estimated quantity to arrive at an extended price and will then add the extended prices for each item to arrive at a total. All prices quoted are to be in whole dollars and include delivery charges. Vendor should complete the Pricing Page in full as failure to complete the Pricing Page in its entirety may result in Vendor’s bid being disqualified.

Vendor should electronically enter the information into the Pricing Page through wvOASIS, or as an electronic document.

5. PAYMENT:

5.1 Payment: Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

5.2 Prompt Payment

5.2.1 The Contractor is required to pay each first tier Subcontractor for all work that the Subcontractor has performed satisfactorily, no later than thirty (30) calendar days after the Contractor has received payment for that work, and each tier of Subcontractors must likewise pay the next lower tier of

Subcontractors within thirty (30) calendar days after receiving payment. If this contract provides for retainage, the Contractor must remit to each first-tier Subcontractor its share of any retainage within thirty (30) days after the Subcontractor has successfully completed its work and receipt of such retainage payment release, and each tier of Subcontractors must likewise remit retainage to the next lower tier of Subcontractors within thirty (30) calendar days after the lower tier Subcontractor has successfully completed its work and receiving payment. If this contract does not provide for retainage, then neither Contractor nor any Subcontractor may withhold retainage from a Subcontractor. The requirements of this paragraph must be stated in all of the Contractor's subcontracts.

5.2.2 A delay in or postponement of payment to a Subcontractor requires good cause and prior written approval. The Contractor is required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes.

5.2.3 The Contractor will not be paid for work performed unless and until the

Contractor ensures that each Subcontractor has been promptly paid under all previous payment requests, as evidenced by the Contractor's sworn statement that it has complied with the prompt payment requirements. The Contractor must submit a prompt payment affidavit, which identifies each Subcontractor (both DBE and non-DBE) and the date and amount of the last payment to such Subcontractor, with every payment request filed except for the first payment request.

5.2.4 Failure to comply with these prompt payment requirements is a breach of the contract which may lead to any remedies permitted under law, including, but not limited to, Contractor debarment.

6. DELIVERY AND RETURN:

6.1 Shipment and Delivery: Vendor shall ship the Contract Items immediately after being awarded this Contract and receiving a purchase order or notice to proceed.

Contract Items must be delivered to Agency at Putnam County Aging Program, 2558 Winfield Road, St. Albans WV 25177-7804.

6.2 Late Delivery: The Agency placing the order under this Contract must be notified in writing if the shipment of the Contract Items will be delayed for any reason. Any delay in delivery that could cause harm to an Agency will be grounds for cancellation of the Contract, and/or obtaining the Contract Items from a third party.

Any Agency seeking to obtain the Contract Items from a third party under this provision must first obtain approval of the Purchasing Division.

6.3 Delivery Payment/Risk of Loss: Vendor shall deliver the Contract Items F.O.B.

destination to the Agency’s location.

6.4 Return of Unacceptable Items: If the Agency deems the Contract Items to be unacceptable, the Contract Items shall be returned to Vendor at Vendor’s expense and with no restocking charge. Vendor shall either make arrangements for the return within five (5) days of being notified that item are unacceptable or permit the Agency to arrange for the return and reimburse Agency for delivery expenses. If the original packaging cannot be utilized for the return, Vendor will supply the Agency with appropriate return packaging upon request. All returns of unacceptable items shall be F.O.B. the Agency’s location. The returned product shall either be replaced, or the Agency shall receive a full credit or refund for the purchase price, at the Agency’s discretion.

6.5 Return Due to Agency Error: Items ordered in error by the Agency will be returned for credit within 30 days of receipt, F.O.B. Vendor’s location. Vendor shall not charge a restocking fee if returned products are in a resalable condition. Items shall be deemed to be in a resalable condition if they are unused and in the original packaging. Any restocking fee for items not in a resalable condition shall be the lower of the Vendor’s customary restocking fee or 5% of the total invoiced value of the returned items.

7 VENDOR DEFAULT:

7.1 The following shall be considered a vendor default under this Contract.

7.1.1 Failure to provide Contract Items in accordance with the requirements contained herein.

7.1.2 Failure to comply with other specifications and requirements contained herein.

7.1.3 Failure to comply with any laws, rules, and ordinances applicable to the

Contract Services provided under this Contract.

7.1.4 Failure to remedy deficient performance upon request.

7.2 The following remedies shall be available to Agency upon default.

7.2.1 Immediate cancellation of the Contract.

7.2.2 Immediate cancellation of one or more release orders issued under this

Contract.

7.2.3 Any other remedies available in law or equity.

8 No Obligation by the Federal Government

8.1 The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

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

9 Program Fraud and False or Fraudulent Statements or Related Acts

1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

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

Access to Records and Reports

The following access to records requirements applies to this Contract:

Where the Purchaser is not a State but a local government and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309, 5339, or 5311.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

10 Changes to Federal Requirements

Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.

Contractor's failure to so comply shall constitute a material breach of this contract.

11 Termination

a. Termination for Convenience (General Provision) The EPTA may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid for the work it has completed consistent with its contract requirements. No contract close-out costs and lost profits shall be paid to the Contractor. Termination will be affected by written notice at least ten (10) days prior to termination date. If the Contractor has any property in its possession belonging to the EPTA, the Contractor will account for the same, and dispose of it in the manner the EPTA directs.

b. Termination for Default [Breach or Cause] If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the EPTA may terminate this contract for default. Termination shall be affected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the EPTA that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the EPTA, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure The EPTA in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 10 business days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to EPTA's satisfaction the breach or default of any of the terms, covenants, or conditions of this contract within ten (10) days after receipt by Contractor of written notice from EPTA setting forth the nature of said breach or default, EPTA shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude EPTA from also pursuing all available remedies against Contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach In the event that EPTA elects to waive its remedies for any breach by Contractor of any covenant, term, or condition of this contract, such waiver by EPTA shall not limit EPTA's remedies for any succeeding breach of that or of any other term, covenant, or condition of this contract.

e. Termination for Convenience of Default (Cost-Type Contracts) The EPTA may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the EPTA or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the EPTA, or property supplied to the Contractor by the EPTA. If the termination is for default, the EPTA may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the EPTA and the parties shall negotiate the termination settlement to be paid the Contractor.

If the termination is for the convenience of the EPTA, the Contractor shall be paid as provided for in Section 8-5 (a).

12 Civil Rights Requirements

The following requirements apply to the underlying contract:

1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §

12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

a. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

b. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

c. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

13 Disadvantaged Business Enterprise (DBE) Participation

a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 2.3%. A separate contract goal for DBE participation has not been established for this procurement.

b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the EPTA deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

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

14 Incorporation of FTA Terms

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions.

All contractual provisions required by DOT, as set forth in 2 CFR 200 and FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions.

15 Suspension and Debarment

By signing and submitting its bid or proposal, the offeror certifies as follows:

The certification in this clause is a material representation of fact relied upon by EPTA. If it is later determined that the bidder or offeror knowingly rendered an erroneous certification, in addition to remedies available to EPTA, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment, and will be grounds for EPTA to terminate the agreement. The bidder or offeror agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or offeror further agrees to include a provision requiring such compliance in its lower tier covered transactions.

16 Energy Conservation

The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

17 Notification Related to Fraud, Waste, Abuse, or Other Legal Matters

If a current or prospective legal matter that may affect the Federal Government emerges, the Contractor must promptly notify EPTA so that it can notify the Federal Government.

The Contractor must include a similar notification requirement in its Third-Party Agreements and must require each Third-Party Participant to include an equivalent provision in its sub-agreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

ITEM DESCRIPTION UNIT PRICE QUANITY EXTENDED PRICE

3.1.1.1 Kenwood NX-5800K2, or equal UHF P25 Base Radio 1

3.1.1.2 Kenwood NX-5300K5, or equal UHF P25 Portable Radio 2

3.1.1.3 Kenwood NX-5800K2, or equal UHF P25 Mobile Radio 6

3.1.1.4 Aware GPS Software, or Equal 6

3.1.1.5 HP Z Book 17 Mobile Workstation Laptop, or Equal. 1

3.1.1.6 Sony Bravia 32” LED Monitor, or equal with HDMI Cable 1

3.1.1.7 Installation of all Hardware and software and all Radios to be Programmed to work on the WV Radio Network

EXHIBIT A PRICING PAGE

RADIO EQUIPMENT AND ACCESSORIES

Company:

TOTAL COST: