Request for Proposal.pdf

ARWDB & WIOA

INTRODUCTION

Overview

REQUEST FOR PROPOSALS PROVISIONS

ATLANTA REGIONAL COMMISSION

WORKFORCE SOLUTIONS DEPARTMENT

Request for Proposals Mobile Career Resource Center/Computer Lab Unit

The Atlanta Regional Workforce Development Board (ARWDB) is a 25-member board established to administer workforce services and oversee the implementation of Workforce Innovation and Opportunity Act (WIOA) in a Local Workforce Development Area comprising a seven (7) county area covering: Cherokee, Clayton, Douglas, Fayette, Gwinnett, Henry, and Rockdale counties. This area is identified as Region 3, Area 7 as defined by the Technical College System of Georgia, Office of Workforce Development.

Atlanta Regional Commission (ARC) serves as the fiscal and administrative agent, and workforce grant sub-recipient, for the Atlanta Regional Workforce Development Board (ARWDB). As such, the ARC Workforce Solutions Department is charged with providing staff support to the ARWDB and implementing WIOA programs and services under direction of the ARWDB. For more information about ARWDB, visit https://atlantaregional.org/workforce-economy/workforce-solutions-overview.

This Request for Proposals (RFP) is issued by the Atlanta Regional Commission / Atlanta Regional Workforce Development Board (ARC/ARWDB) soliciting proposals for the delivery of a turnkey Mobile Career Resource Center/Computer Lab Unit. This unit will be designed to provide state-of-the-art computer and multi-media technology in support of employment assessments, training, career exploration, and meetings.

The product furnished must be of high quality and the workmanship must conform with industry best practices. All essential parts and details that make the vehicle fully serviceable or operational, even if not explicitly mentioned in this specification, are required. The design and features of the vehicle should prioritize safety, efficiency, and driver visibility under all driving conditions. Strict compliance with the Americans with Disabilities Act (ADA), as well as all state and federal laws, regulations, and standards, is mandatory. Preference shall be given to the utilization of industry-standard parts and components. Custom design items should only be considered in the absence of readily available standardized alternatives.

1. Respondent must propose the vehicle option, in their capacity as a subject matter expert on specialty vehicles, that is best suited for the application described in this RFP.

2. A customized full exterior wrap is required.

https://atlantaregional.org/workforce-economy/workforce-solutions-overview https://atlantaregional.org/workforce-economy/workforce-solutions-overview

3. Warranties are required in alignment with industry norms.

4. Delivery is to be made to 229 Peachtree Street, NE Atlanta, Georgia 30303 by a vendor driver who will make any minor adjustment to the vehicle as well as explain and train on the complete operation of vehicle and any miscellaneous components which may be part of the final build specification.

Eligible Respondents Respondent must satisfy the minimum qualifications required by this RFP. Where the Respondent is a partnership, joint venture arrangement, limited liability company, limited liability partnership or other multiple entity organization, the entity that holds a majority ownership interest in the Respondent (i.e., over 50% ownership) must meet the minimum requirements set forth in this RFP. Additionally, prior to final award of either Contract, the successful Respondent will be required to demonstrate that it is duly authorized to conduct business in the State of Georgia.

No Respondent or entity comprising Respondent may submit more than one proposal under the same or different names or as part of multiple organizations. Atlanta Regional Commission reserves the right to disqualify any Respondent or entity comprising Respondent that submits more than one proposal in response to this solicitation.

Schedule This solicitation is governed by ARC Purchasing and Procurement guidelines. Interested Respondent(s) shall submit a proposal that addresses specifications listed in Exhibit A.

Respondents shall respond to this Request for Proposal with a proposal following all requirements outlined in this document. The best-value approach that sufficiently meets all specifications will be the determining factor for the bid award.

The schedule below provides a general timeframe for the RFP process. ARC/ARWDB reserves the right to amend this schedule as needed. Any amendments to the schedule will be noted on the ARC website.

Date Time Action and Location January 29, 2025 Not Applicable RFP Issued February 5, 2025 5:00 P.M. EST Written Questions Deadline February 12, 2025 5:00 P.M. EST Answers to Questions Posted March 5, 2025 5:00 P.M. EST Proposal Deadline

RFP Issued – The RFP will be posted on ARC’s website and a notice will be posted in the legal organ.

Written Questions Deadline – Respondents have an opportunity to send written questions to ARC/ARWDB regarding the RFP. ARC/ARWDB will provide written answers to those questions which will be posted on the ARC website. ARC/ARWDB staff will not answer questions submitted verbally by phone or in person. Email questions will not be answered individually but will be posted on the ARC website along with all other questions and answers.

Answers to Questions Posted – ARC/ARWDB will post answers to all written questions submitted by the date noted on the schedule.

Proposal Deadline – All proposals responding to this RFP must be received at the ARC offices by the date and time stated herein. Late proposals will not be accepted.

Restriction of Communication From the date of the advertisement of this RFP through provider selection, Respondents are not allowed to communicate about this solicitation or specification with any ARC staff, except for submission of questions as instructed in the RFP or as provided by existing work agreements. If this provision is violated, ARC reserves to right to reject the submittal of the offending Respondent. All questions regarding this RFP should be submitted in writing to procurement@atlantaregional.org

Georgia Open Record Act Information provided to Atlanta Regional Commission is subject to disclosure under the Georgia Open Records Act (“GORA”). Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].”

Submission of Proposals The following conditions are applicable to all proposals:

1. It is the Respondent’s responsibility to ensure that their proposal meets all submission requirements. Incomplete submittals and proposals submitted after the date and time stated in this RFP will not be considered.

2. If a Respondent submits a proposal in collaboration with other partners to provide components of the activity areas, only one proposal shall be submitted. The proposal should describe the nature of the collaboration and agreements between all parties involved.

3. No proposal will be considered if:

a. The entity or any of its partners has been disbarred by an action of any governmental agency;

b. The entity had any contract(s) with ARC/ARWDB that had been canceled for cause within the past 3 years; or

c. The entity has not complied with an official order of any State agency or the U.S.

Department of Labor to repay disallowed costs incurred during its conduct of projects or services.

4. By submission of this proposal, the Respondent certifies that in connection with this proposal:

mailto:procurement@atlantaregional.org

a. The fees or costs in the proposal have been arrived at independently without consultation, communication, or agreement with any other Respondent, or with any competitor for the purpose of restricting competition, as to any matter relating to such fees; and

b. No attempt has been made or will be made by the Respondent to induce any other person or firm to submit a proposal for the purpose of limiting or restricting competition.

5. Each person signing the proposal certifies that:

a. He/she is the person in the Respondent’s organization legally responsible for the decision as to the prices or costs being offered in the proposal and that he/she has not participated in any action contrary to 4 (a) and (b) above; or

b. He/she is not the person in the Respondent’s organization legally responsible for the decision as to the prices or costs being offered in the proposal; however, that he/she has been duly authorized in writing, with a copy attached, to act as agent for the persons legally responsible for such decision, and certifies that such persons have not participated, and will not participate, in any action contrary to 4 (a) and (b) above.

6. Service providers will maintain a drug-free workplace for employees and customers.

Ownership of Proposal(s) Each proposal submitted to ARC shall become the property of ARC, without compensation to a Respondent, for ARC’s use, in ARC’s sole discretion.

Representation By submitting a proposal in response to this RFP, Respondent acknowledges and represents that: (a) it has read all of the RFP documents and acknowledges that Respondent shall be bound by the requirements stated therein; (b) the signatory to the proposal is the Respondent (or Respondent’s duly authorized agent or employee of the Respondent with the authority to bind Respondent hereto); (c) any information or disclosure provided in response to the RFP, are fully restated herein and remain truthful and accurate representations up to and including the date Respondent submits its proposal to ARC; (d) ARC will not agree to make any substantive revisions to the Contract; and (e) it agrees that it will voluntarily notify ARC immediately if any information or disclosure provided to ARC during any part of this procurement process changes, is no longer accurate or would be misleading in any way.

By submitting a proposal in response to this RFP, Respondent is representing and warranting to ARC that none of the following, during the term of the Contract or for one (1) year thereafter, have or will have any interest, direct or indirect, in the Contract or in any part of the proceeds, therefor: (a) members of the ARC Board of Directors; (b) officers or employees or former employees of ARC, or of any representative of ARC in the administration of this Contract, pursuant to ARC’s Code of Ethics.

Conflict of Interest and Confidentiality ARC is subject to the Georgia Open Records law. All proposals submitted will become public records to be provided upon request. Any information containing trade secrets or proprietary information, as defined by state law, must be marked as confidential to prevent disclosure.

Confidential markings must be limited to the protected information. Entire proposals marked confidential will not be honored.

Additionally, conflicts of interest are governed by the ARC Standards of Ethical Conduct available here: Standards of Ethical Conduct. Respondents must disclose any potential conflicts of interest that may arise from the provision of services described herein. Such disclosure should include the name of the individual(s) with whom there is a conflict, any relevant facts to the potential conflict, and a description of the internal controls proposed to mitigate any such conflict. ARC’s Staff Legal Counsel will determine whether such disclosure presents a potential organizational conflict of interest that should preclude award to the respondent.

Contracts with Successful Respondents Contract terms and conditions will be negotiated with successful Respondents. ARC/ARWDB reserves the right to award all or part of the available funds for this project, select all or a portion of a Respondent’s proposal, and otherwise negotiate with Respondents to create Mobile Career Resource Center/Computer Lab.

ARC/ARWDB payments are made under a cost-reimbursement contract that are based on actual costs. The expected deliverable for ARC/ARWDB will be linked to the agreed upon build, and criteria as determined and negotiated between ARC/ARWDB and the Contractor.

Due to the nature of ARC/ARWDB funding sources, potential changes in legislation and policies, and performance achieved, Respondents are advised that any contract awarded under this RFP may be modified to incorporate such changes and adjustments as warranted.

Proposal Document Requirements Respondents are requested to comply with the following document formatting:

Pages: Proposals should be typed and submitted on 8 ½ by 11-inch plain white paper using 12-point font minimum with 1-inch margins. The use of recycled paper is encouraged. Double-sided submissions are acceptable, as long as each page is clearly legible. Each page of the proposal, with the exception of the cover sheet should be numbered to indicate “page of ”. Use the same topic headings, in the same order, as described in Order of Submission below.

Page Limit: Limit the Proposal Narrative to 20 pages. Attachments, budget documents, and letters of agreement do not count toward the page limit. Avoid extraneous narrative and advertising. The successful Respondent will demonstrate its ability to communicate relevant information to the ARC/ARWDB for objective decision-making in a clear and concise manner.

Referring the reviewer to a particular page or section elsewhere in the proposal for information is preferred to repeating the information.

Number of copies: One (1) complete original hardcopy document with executed certificates (including original signatures of the authorized signatory), along with one (1) electronic copy in https://atlantaregional.org/wp-content/uploads/2017/01/arc-standards-of-ethical-conduct.pdf

Word, Excel, and PDF format via a USB flash drive (or email) must be received at the ARC offices via at RFPMobileUnit@atlantaregional.org by the date and time noted in this RFP. Completeness of all copies is the sole responsibility of the Respondent.

Authorized Signatory: The Respondent’s authorized signatory must sign all signature documents in the proposal. This individual should typically be the Director, President, or Chief Executive Officer of the organization, or any individual who has the authority to negotiate and enter into contracts on behalf of the Respondent’s organization.

Order of Submission: Respondents are requested to submit proposals in the order outlined in the Proposal Sufficiency Checklist. Please note the following concerning the documents to be submitted in the proposal:

1. Table of Contents should indicate the beginning page for each section and major subsection, including each attachment.

2. Executive Summary – should be a one-page summary of the proposal’s main concepts.

a. Clearly indicate at the top of the Executive Summary the services and locations being proposed.

b. Business Registration Certificate – Respondents that are private, for-profit, or not-for-profit should provide documentation of registration under either Georgia or their home state’s Secretary of State’s office.

3. Proposal Narrative – Follow the order in the proposal narrative requirements described in each section of this RFP, using the same titles for section headings.

4. Other Attachments – May be attached at the Respondent’s discretion, but bear in mind the

ARC/ARWDB’s desire to limit extraneous narrative and paper. Elaborate or expensive bindings, videos, and promotional materials are neither necessary nor desired.

Submission: Respondents should submit their complete proposal package (1 original and 1 electronic copy) to ARC by 5:00 p.m. EST on Wednesday, March 5, 2025. All submittal packages must be RECEIVED at the ARC office by this date (not just mailed). Late submittals will not be accepted.

Respondents submitting proposals should submit proposal package with separate budgets which must be packaged in a separately sealed envelope from the Technical Proposal in mailed or delivered.

Evaluation Criteria

Successful Respondents to this RFP must demonstrate the capacity to effectively manage services consistent with the One-Stop service delivery model. The below outlines the proposal evaluation criteria and percentage of each in the overall proposal scoring. The bullet points provide examples (but not the only topics) of the type of information to be considered in the evaluation process for each section.

mailto:RFPMobileUnit@atlantaregional.org

Organizational Background/ Demonstrated Experience (20%) Vehicle Quality and Specification (40%) Delivery Timeline (15%) Information Technology and Cyber Security (15%) Cost/Budget Proposal (10%)

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Background

SCOPE OF WORK (SOW)/SPECIFICATION

The Atlanta Regional Workforce Development Board (ARWDB) is seeking proposals from qualified Respondents` for purchase of a Custom Coach Recreational Vehicle (RV) for conversion to Mobile Career Resource Center/Mobile Computer Lab. The Mobile Lab will be used to expand access to clients throughout the seven-county area to increase outreach and delivery of workforce services and programs in areas that a brick-and-mortar Career Resource Center may not be readily available to participants. Additionally, it will expand the outreach of services during times of emergencies, be utilized during onsite job fairs, training, or other related services by sponsored employers which will increase participation, convenience, and access to the community at large.

Envisioned Utilization of Unit The Mobile Career Resource Center/Computer Lab is envisioned as an opportunity to expand the scope of services and geographic regional outreach, serving businesses, community organizations, and the workforce in their own communities.

1. Services to Business and Community Organizations may include, but not limited to:

a. Rapid Response activities in conjunction with layoffs/business closures

b. Employee recruitment for existing or new business openings

c. Job Fairs

d. Onsite program recruitment for specialized grant activities

e. Software tutorials

f. Candidate assessment and /or screening

g. Labor Market Information

h. Staff development

i. Incumbent worker training

2. New and existing Workforce customers will be served through a variety of core and intensive services:

a. Career exploration and advisement

b. Skills assessment

c. Job search assistance

d. Internet/computer training

e. Resume preparation assistance

f. Workshops to support job search activities

g. Job training

h. Youth services

i. Veterans' services

j. Entrepreneur resources

Activation of this mobile unit will enhance connectivity and collaboration between the ARWDB, Technical College Systems of Georgia, local chambers of commerce and economic development agencies, and community organizations.

Minimum Requirements The Vehicle and Equipment furnished must be of high quality and the workmanship must conform with industry best practices. All essential parts and details that make the vehicle fully serviceable or operational, even if not explicitly mentioned in this specification, are required.

The design and features of the vehicle should prioritize safety, efficiency, and driver visibility under all driving conditions. Strict compliance with the Americans with Disabilities Act (ADA), as well as all state and federal laws, regulations, and standards, is mandatory. Preference shall be given to the utilization of industry-standard parts and components. Custom design items should only be considered in the absence of readily available standardized alternatives.

Proposers must propose the vehicle option, in their capacity as a subject matter expert on specialty vehicles, that is best suited for the application described in this RFP. In order to envision a clear picture of the proposed vehicle, design, and equipment layout, please address all of the following areas in order.

1. Vehicle

a. 10 computers and workstations

b. 10 Workstation chairs

c. 2 Private meeting areas with pocket doors, table, and chairs

d. ADA Wheelchair lift

e. Monitor/TV wall space and mounting

f. Appliance cabinet to include Microwave/small refrigerator

g. Closet and/or counter space

h. Energy Efficient Lighting

i. Lockable storage cabinets

j. Non-Slip floors

k. Awning – electrical extend/retract

l. Hydraulic leveling

m. Gas fueled

n. Monitored security system

Note: Restroom facilities are not required.

2. Audio and Video Equipment

a. Interactive TV/ Monitor minimum 42”

b. Back-up camera and surround cameras

c. Internal/External Audio system with amplifier

d. Multiple Internal/external displays

e. High-Speed Wi-Fi and Bluetooth connectivity

f. Equipment Rack – enclosed hub

g. Control Board

3. Preferred Features and Specifications

a. RV-style mobile

b. Open cab/driver-passenger area, with inside entrance to office/ workstation area

c. Main entrance and backend exit on passenger side

d. Exterior monitor or capability

e. GVWR below state minimum requirement

f. Exterior graphics/wrap

4. Production and Delivery Timeline: ARWDB expects to receive the unit fully complete and ready for use within 12-months or less. Respondent’ must provide a detailed timeline to include:

a. planning/drawing phase,

b. production phase,

c. any key meetings and/or inspections required before delivery, and delivery date of submitted vehicle. Delivery location of the vehicle to be determined by Workforce Solutions key staff.

5. Proposed Budget – Itemized: Vendors must provide a complete itemized proposed budget. Vendor must return proposed budget with submitted bid proposal.

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Federal Requirements

1. Fly America Requirements 49 U.S.C. §40118 41 CFR Part 301-10 Applicability to Contracts

The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number.

Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act.

Applicability to Micro-Purchases Micro-purchases are defined as those purchases under $2,500. These requirements do not apply to micro-purchases.

Flow Down Requirements The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.

Model Clause/Language The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language.

Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

2. Buy America Requirements 49 U.S.C. 5323(j) 49 CFR Part 661

The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000).

Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America.

Mandatory Clause/Language The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FTA.

Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7 and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver.

Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

3. Charter Bus Requirements 49 U.S.C. 5323(d) 49 CFR Part 604 Applicability to Contracts

The Charter Bus requirements apply to the following type of contract: Operational Service Contracts.

Applicability to Micro-Purchases

Flow Down Requirements The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service contractors.

Model Clause/Language The relevant statutes and regulations do not mandate any specific clause or language. The following clause has been developed by FTA.

Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation.

4. Cargo Preference Requirements 46 U.S.C. 1241 46 CFR Part 381

The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels.

Applicability to Micro-Purchases

Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel.

Model Clause/Language The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA.

Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Group of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

5. Energy Conservation Requirements 42 U.S.C. 6321 et seq.

49 CFR Part 18

The Energy Conservation requirements are applicable to all contracts.

Applicability to Micro-Purchases

The Energy Conservation requirements extend to all third-party contractors and their contracts at every tier and subrecipients and their sub-agreements at every tier.

Model Clause/Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA.

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.

6. Clean Water Requirements 33 U.S.C. 1251

The Clean Water requirements apply to each contract and subcontract which exceeds $100,000.

The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.

Model Clause/Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements.

Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.

1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

7. Pre-award and Post Delivery Audits Requirements 49 U.S.C. 5323 49 CFR Part 663

These requirements apply only to the acquisition of Rolling Stock/Turnkey.

to micro-purchases.

Flow Down These requirements should not flow down, except to the turnkey contractor as stated in Master Agreement.

• Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third-party contractors.

• Buy America certification is mandated under FTA regulation, "Pre-Award and Post- Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13.

• Specific language for the Buy America certification is mandated by FTA regulation, "Buy America Requirements--Surface Transportation Assistance Act of 1982, as amended," 49 C.F.R. 661.12, but has been modified to include FTA's Buy America requirements codified at 49 U.S.C. A 5323(j).

Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications:

1. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications.

3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.

http://www.fta.dot.gov/3162.html

8. Lobbying 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20

The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts.

Applicability to Micro-Purchases

The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.

Mandatory Clause/Language

• Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.

Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]

• Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)

• Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995.

• Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

9. Access to Records and Reports 49 U.S.C. 5325 18 CFR 18.36 (i)

49 CFR 633.17

Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" to micro-purchases.

FTA does not require the inclusion of these requirements in subcontracts.

The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language.

The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language.

Access to Records - The following access to records requirements apply to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subrecipient 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 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subrecipient of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the 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 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subrecipient of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subrecipient of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

5. 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.

6. 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).

7. FTA does not require the inclusion of these requirements in subcontracts.

10. Federal Changes

The Federal Changes requirement applies to all contracts.

to micro-purchases.

Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement.

No specific language is mandated. The following language has been developed by FTA.

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. CLEAN AIR

42 U.S.C. 7401 et seq

40 CFR 15.61

49 CFR Part 18 Applicability to Contracts

The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year.

The Clean Air requirements flow down to all subcontracts which exceed $100,000.

Model Clauses/Language No specific language is required. FTA has proposed the following language.

Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

12. Recycled Products 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873

The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996.

These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.

These requirements flow down to all to all contractor and subcontractor tiers.

No specific clause is mandated, but FTA has developed the following language.

Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

13. Contract Work Hours and Safety Standards Act

Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC 3701(b)(3)(A)(iii).

The Act applies to construction contracts and, in very limited circumstances, non-construction projects that employ “laborers or mechanics on a public work.” These non-construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below.

The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied.

Clause Language Contract Work Hours and Safety Standards

1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph

(2) of this section.

4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

14. No Government Obligation to Third Parties

Applicable to all contracts.

Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent.

While no specific language is required, FTA has developed the following language.

No Obligation by the Federal Government.

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.

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.

15. Program Fraud and False or Fraudulent Statements and Related Acts 31 U.S.C. 3801 et seq.

49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Applicability to Contracts These requirements are applicable to all contracts.

Applicability to Micro-Purchases

These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements.

These requirements have no specified language, so FTA proffers the following language.

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.