RFP 0000186 COMMUTER PARKING FACILITIES_INSTRUCTIONS.pdf

June 9, 2026

RE: RFP 0000186 MANAGEMENT, OPERATION, AND MAINTENANCE OF RAIL

STATION COMMUTER PARKING FACILITIES

To Whom It May Concern:

New Jersey Transit Corporation (NJ TRANSIT) is issuing this Request for Proposals (RFP) to obtain Proposals from qualified firms to provide management, operation, and maintenance of rail station parking facilities located on the following commuter lines:

• Group 1: North Jersey and Bus Park & Ride Commuter Lines: Long Branch, Hazlet, Red Bank, South Amboy, Edison, Bus Park & Ride Facilities at Howell Park & Ride and Old Bridge Park & Ride Stations

• Group 2: Northeast Corridor and Raritan Valley Commuter Lines: Newark (Alling Street), North Elizabeth, Union and Roselle Park Stations

• Group 3: Gladstone and Morris & Essex Commuter Lines: Lyons, Denville, Mount Tabor, Morris Plains, and Morristown Stations

• Group 4: Pascack Valley Commuter Lines: River Edge (New Bridge Landing), Hackensack (Anderson Street), Hackensack (Essex Street), Teterboro, and Wood- Ridge Stations

Details of the services are more fully set forth in these RFP documents.

NJ TRANSIT is requesting Proposals from firms with the intent to award one (1) contract per parking facility group included in this RFP. Proposers may submit proposals for one (1), multiple, or all rail station commuter line parking facility groups listed above. While each group will be evaluated and awarded independently, a single Proposer may be awarded contracts for multiple rail station commuter line parking facility groups if each proposal is determined to be most advantageous to NJ TRANSIT, price and other factors considered. Background Information, Project Description, Instructions for the Proposers and Evaluation Criteria are included in these RFP documents.

NJ TRANSIT reserves the right to reject any and all Proposal(s) in accordance with applicable law. Contract award is subject to the Contractor’s agreement to NJ TRANSIT terms and conditions set forth in this RFP and NJ TRANSIT’s standard Exhibit 1 - Real Estate Services Contract.

In order to discuss the Project and to address questions, NJ TRANSIT will hold a Pre- Proposal Conference at the time and date specified in Attachment D to the RFP. NJ TRANSIT will not hold an in-person meeting for the Pre-Proposal conference; will be held utilizing a telephone and video conference via Microsoft Teams.

Proposers must submit Technical and Cost Proposals via Bid Express www.bidexpress.com, on or before the time and date specified in Attachment D of the http://www.bidexpress.com/

RFP. Details about how to submit the Technical and Cost Proposals are set forth in Section III (Proposal Requirements) of the RFP Instructions.

To obtain the RFP and all pertinent Proposal documents, interested Proposers must register with Bid Express at www.bidexpress.com. There is no fee to enroll or submit a Proposal. To subscribe, follow the instructions on the website.

Firms that submitted Proposals for this RFP will be posted on Bid Express (www.bidexpress.com) and on NJ TRANSIT’S Procurement Calendar (https://www.njtransit.com/procurement/calendar).

All inquiries and requests for clarifications regarding the Contract Documents shall be submitted in the space provided in the electronic Proposal file on the electronic bidding website, www.bidexpress.com, by or before the date and time specified in Attachment D (subject to change by Addenda). No response may be made by NJ TRANSIT to inquiries received after this due date. This RFP may be amended only in writing via Addendum issued by NJ TRANSIT.

NJ TRANSIT cannot award a Contract unless the Contractor has a valid business registration certificate issued by the Division of Revenue and Enterprise Services within the Department of the Treasury as required by N.J.S.A. 52:32-44. In addition, Subcontractors shall not engage in the performance of any work under this Contract without a valid business registration certificate.

This Project is also subject to the Diane B. Allen Equal Pay Act (N.J.S.A 34:11-56.13 et seq.) concerning the reporting of compensation and hours worked by employees categorized by gender, race, ethnicity, and job title.

In addition, the successful Proposer will be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1.1 et seq. regarding Equal Employment Opportunity Laws and Regulations. NJ TRANSIT further requires that its Contractors agree to take all necessary and responsible steps in accordance with N.J.A.C. 17:13 et seq. to ensure Small Business Enterprises (SBE) and/or Disabled Veteran-Owned Business (DVOB) have an equal opportunity to participate in the performance of this Contract. An SBE/DVOB Goal has been assigned to this Project and is set forth in Attachment D to the RFP.

In accordance with N.J.A.C. 16:72-1.7, NJ TRANSIT reserves the right to cancel the award of any Contract before execution if NJ TRANSIT deems such cancellation to be in its best interest. In no event will NJ TRANSIT have any liability for the cancellation of such award.

The Proposer assumes sole risk and responsibility for expenses in connection with this RFP prior to execution of a Contract.

This letter should not be interpreted as an award of a Contract nor as a commitment to reimburse for any cost incurred in the preparation of a Proposal. We look forward to receiving and reviewing your Proposal.

Sincerely, Shanelle Armour Senior Contract Specialist Procurement Department https://www.njtransit.com/procurement/calendar

RFP No. 0000186 - Management, Operation, And Maintenance of Rail Station Commuter Parking Facilities State Non-Brooks Professional Services Rev. September 2024

NEW JERSEY TRANSIT CORPORATION

REQUEST FOR PROPOSAL

INSTRUCTIONS

(State Non-Brooks)

RFP NO. 0000186 - MANAGEMENT, OPERATION, AND MAINTENANCE

OF RAIL STATION COMMUTER PARKING FACILITIES

JUNE 2026

REQUEST FOR PROPOSAL NO. 0000186

TABLE OF CONTENTS

Page No.

I. GENERAL PROJECT INFORMATION 3

II. PROJECT BACKGROUND AND DESCRIPTION; 16

SCOPE OF SERVICES (GENERAL AND DETAILED)

III. PROPOSAL REQUIREMENTS 16

A. General B. Technical Proposal Format

C. Oral Presentation Format D. Cost Proposal Format and Additional Requirements E. Conflict of Interest F. Proposer’s Certifications

IV. METHOD OF SELECTION 20

V. NEGOTIATIONS 22

VI. APPROVAL AND AWARD 22

VII. PROTEST PROCEDURE 23

REQUEST FOR PROPOSAL INSTRUCTIONS

THIS IS AN ELECTRONIC REQUEST FOR PROPOSAL.

PAPER SUBMISSIONS WILL NOT BE ACCEPTED.

This Project is being bid by use of an electronic Proposal submission platform, Bid Express. Information is available on the Proposal submission website:

www.bidexpress.com. A free registration is required to access the Proposal documents.

The Proposer shall download all documents from this website. NJ TRANSIT assumes no responsibility for errors or omissions in the downloaded documents except as specifically provided for in the Contract documents. The Proposer shall address questions or problems with downloading solicitation documents, but not the requirements of the Contract, to:

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

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

FAX: (888)971-4191

E-Mail: bidexpress.support@infotechinc.com

To be able to bid online users must have a digital ID. Proposer digital IDs can take up to seven (7) business days to obtain. Note you will be required to download and install the plugin as well as any additional software provided by Bid Express prior to uploading your Proposal. Your corporate or personal security settings may require additional steps before the software can be installed. Please plan accordingly. Proposers may submit their Proposal as early as possible, as Proposals are held at BidExpress.com until the receipt of the Proposal due date. Proposers may resubmit their Proposals as many times as needed, prior to the Proposal due date, however only the most recent Proposal submission is valid.

A. The Request for Proposal (RFP) electronic bidding file package contains the following Contract Documents available for download, and fillable forms on the electronic bidding website www.bidexpress.com.

Electronic Bidding File Contract Documents and Exhibits Request for Proposal Package (this document) includes the following:

I. General Project Information II. Project Background and

Description III. Proposal Requirements IV. Method Of Selection V. Negotiations VI. Approval And Award VII. Protest Procedure

Available for download in the electronic bidding file.

Attachments A. Technical Proposal Evaluation

Criteria B. Cost Proposal Format C. Project Information, Project

Background and Description, Scope of Services

D. Additional Critical Information Specific to this Project (Update based on Project needs)

E. Aerial Photographs and Municipal Tax Maps

Available for download in the electronic bidding file.

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

1. NJ TRANSIT Real Estate Services Agreement

2. Non-Collusion Certification

3. Consultant’s Certification of Eligibility

4. Mandatory Equal Employment Opportunity (EEO) Requirements

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

6. Ownership Disclosure Form

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

Pursuant to N.J.S.A. 52:32-60.1

8. Source Disclosure Certification Form

9. Disclosure of Investment Activities in Iran

10. NJ TRANSIT Corporation’s SBE/DVOB Requirements and Forms

11. Addenda Acknowledgement Certification

12. Travel & Business Reimbursement Guidelines

13. Statement of Joint Venture

14. Certification Regarding Debarment, Suspension, and Other Responsibility Matters

I. GENERAL PROJECT INFORMATION

A. REQUEST FOR PROPOSAL

New Jersey Transit Corporation (NJ TRANSIT) is issuing this Request for Proposals (RFP) to obtain Proposals from qualified firms to provide management, operation, and maintenance of rail station parking facilities located on the following commuter lines:

• Group 1: North Jersey and Bus Park & Ride Commuter Lines:

Long Branch, Hazlet, Red Bank, South Amboy, Edison, Bus Park & Ride Facilities at Howell Park & Ride and Old Bridge Park & Ride Stations

• Group 2: Northeast Corridor and Raritan Valley Commuter Lines: Newark (Alling Street), North Elizabeth, Union and Roselle Park Stations

• Group 3: Gladstone and Morris & Essex Commuter Lines: Lyons, Denville, Mount Tabor, Morris Plains, and Morristown Stations

• Group 4: Pascack Valley Commuter Line: River Edge (New Bridge Landing), Hackensack (Anderson Street), Hackensack (Essex Street), Teterboro, and Wood-Ridge Stations

Details of the services are more fully set forth in these RFP documents.

NJ TRANSIT is requesting Proposals from firms with the intent to award a contract (or multiple contracts) for these services to the selected Proposer(s), whose Proposal(s), conforming to the RFP, is most advantageous to NJ TRANSIT, price and other factors considered.

NJ TRANSIT intends to award one (1) contract per parking facility group included in this RFP. Proposers may submit proposals for one (1), multiple, or all of the groups listed above. While each rail line will be evaluated and awarded independently, a single vendor may be awarded contracts for multiple groups if each proposal is determined to be most advantageous to NJ TRANSIT, price and other factors considered.

As a result, this RFP may result in:

• Up to four (4) separate contract awards to four (4) different vendors one

(1) parking facility group);

• A single contract award to one (1) vendor covering all four (4) rail station commuter line parking facility groups; or

• Any combination in between, depending on the outcome of the evaluation process.

All Proposers are notified that NJ TRANSIT reserves the right to delete or modify any service requirement from the Scope of Services at any time during the course of the Contract. NJ TRANSIT also reserves the right to approve or reject any Subcontractors.

Prior to the execution of a Contract(s) by NJ TRANSIT, and before commencing any performance hereunder, the Proposer shall provide NJ TRANSIT with the required proof(s) of insurance as set forth in Section 12 of the Real Estate Services Agreement (Exhibit 1).

All Proposers are notified that it is NJ TRANSIT’S policy that Contractors who do, or may do, business with NJ TRANSIT must avoid all situations where proprietary or financial interest, or the opportunity for financial gain could lead a NJ TRANSIT officer or employee to secure favored treatment for any organization or individual.

Proposers must avoid all circumstances and conduct which may not constitute actual wrongdoing, or conflict of interest, but might nevertheless appear questionable to the general public, thus compromising the integrity of NJ TRANSIT. All Proposers must comply with the NJ TRANSIT Code of Ethics as set forth in Section 32 of Exhibit 1.

In addition, Proposers are advised that communications with NJ TRANSIT that in any way relate to this Project shall be conducted with, or through, the Contracting Officer in NJ TRANSIT'S Division of Procurement, or their authorized representative, or the Office of Business Development for SBE and/or DVOB-related inquiries. All other contact is strictly prohibited and is considered improper.

Violation of this limitation may result in the removal of the Proposer from consideration for this Contract and possible suspension/debarment.

B. GENERAL DEFINITIONS

Addendum (plural Addenda): Written interpretations, clarifications, and revisions to the Request for Proposal (RFP), including its Attachments and Exhibits, issued by NJ TRANSIT before the Proposal due date.

Agreement: See definition of Contract.

Best and Final Offer: The pricing submitted upon invitation of NJ TRANSIT.

Business Day: Any weekday excluding Saturdays, Sundays, State legal Holidays and State mandated closings, unless otherwise indicated.

Business Registration: A Business Registration certificate issued by the Department of the Treasury pursuant to N.J.S.A. 52:32-44 or such other form or verification that a Contractor or Subcontractor is registered with the Department of Treasury.

Calendar Day: Each and every day shown on the calendar.

Consultant: The entity awarded the Contract under this RFP.

Contract: The written agreement executed by the Contracting Officer of NJ TRANSIT and the Contractor constituting the total agreement between the parties covering the performance of the work. The Contract, including incorporated attachments, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements either written or oral.

Contracting Officer: NJ TRANSIT'S Chief of Procurement & Support Services acting, directly or through the Chief of Procurement & Support Services authorized representative(s), within the scope of duties assigned to him or her.

Contractor: See definition of Consultant.

Days: Shall mean Calendar Days unless otherwise indicated.

Holiday(s): Specific day(s) on which NJ TRANSIT is not open for business.

Key Individuals: Person/Persons working closely on the project.

May: Denotes that which is permissible or recommended not mandatory.

Must: Denotes that which is a mandatory requirement.

Notice of Award: Written notification to Proposer selected for award of the Contract.

Project: The specific services that are the subject of this Request for Proposals.

Proposal: The Proposal, or offer, submitted by the Proposer in response to the

RFP.

Proposer: The entity submitting a Proposal in response to this RFP.

Shall: Denotes that which is a mandatory requirement.

Should: Denotes that which is permissible or recommended, not mandatory.

Subcontractor: Any entity having a relationship with the Contractor, whereby the Contractor uses the products and/or services of that entity to fulfill some of its obligations under the Contract.

Subcontractor: See definition of Subcontractor.

C. ANTICIPATED CONTRACTOR SELECTION SCHEDULE

The anticipated selection schedule for this RFP is set forth in detail in Attachment D.

D. PRE-PROPOSAL CONFERENCE

NJ TRANSIT will not hold an in-person Pre-Proposal Conference. The Pre- Proposal Conference will be held utilizing a telephone and video conference via Microsoft Teams, which is scheduled for the date and time specified in Attachment D (subject to change by Addenda) to the RFP, for the purpose of discussing general information relating to the Project.

Potential Proposers will be required to download Microsoft Teams https://teams.microsoft.com/,prior to the Pre-Proposal Conference, in order to access the web video conference and view the presentation. All interested firms are urged to participate. Attendance at the Pre-Proposal Conference is highly recommended but not mandatory. Recipients of this RFP that do not attend may be at a disadvantage when submitting a Proposal.

The Pre-Proposal Conference link that provides access and registration information is available in Attachment D.

E. REQUEST FOR INFORMATION AND ADDENDA

The Proposer shall examine carefully all the RFP documents in the RFP package and any conditions noted therein affecting the work. By submitting a Proposal, the Proposer acknowledges that it has carefully examined the RFP package and satisfied itself as to the conditions affecting the work. NJ TRANSIT assumes no responsibility for any conclusions or interpretations made by the Proposer on the basis of the information made available by NJ TRANSIT.

All inquiries and requests for clarifications regarding the Contract Documents shall be submitted in the space provided in the electronic Proposal file on the electronic bidding website, www.bidexpress.com, by the date set forth in Attachment D.

Proposers may submit more than one question within the same Q&A textbox. No response may be made by NJ TRANSIT to inquiries received after this due date.

This RFP may be amended only in writing via Addendum issued by NJ TRANSIT.

The Proposer shall also carefully review NJ TRANSIT’s Exhibit 1 - Real Estate Services Agreement. The Proposer must identify and submit any questions, requests for clarifications, exceptions or proposed modifications to the Agreement, with suggested changes to the Agreement and the reasons(s) therefor, during the Request for Information period. Proposers may submit exceptions and proposed modifications, to Exhibit 1, in the form of a redlined document via email to the Contract Specialist identified in Attachment D. Failure to submit changes to Exhibit 1 during the Request for Information period may preclude the Proposer from requesting changes during any negotiations period.

Any response to requests for information or clarification that NJ TRANSIT may choose to make will be by a written Addendum to the RFP. NJ TRANSIT will not be bound by any informal explanation, clarification, or interpretation oral or written, by whosoever made, that is not incorporated into an Addendum to the RFP. All such Addenda will be posted on the electronic bidding website prior to the opening of Proposals. It is the obligation of the Proposer to check the website for Addenda.

Certain Addenda will contain amendments to the RFP. The Proposer shall ensure that the Proposer acknowledges and affirms that he/she has obtained, reviewed, and applied all Addenda issued during the Proposal submission period by selecting Yes or No and input the number of Addenda it has received. NJ TRANSIT has the right to reject Proposals that do not contain a completed Addenda https://teams.microsoft.com/

Acknowledgement. No response may be made by NJ TRANSIT to inquiries received later than the submittal date identified in the RFP package document.

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

NJ TRANSIT reserves the right to amend the RFP package prior to the date set for receipt of Proposals. Such revisions, if any, will be announced by Addenda to this RFP. Copies of such Addenda as may be issued will be furnished to all prospective Proposers. The date set for receipt of Proposals may be postponed by such number of days as in the opinion of the Contracting Officer will enable Proposers to revise their proposal submission. In such cases, the Addenda will include the new date for receipt of Proposals.

Proposers must acknowledge receipt of all Addenda on the “Addenda Acknowledgement Certification” in the space provided in the electronic bidding file.

Failure to acknowledge receipt of all Addenda will cause the rejection of the Proposal as non-responsive.

F. CONTRACT DURATION

The anticipated duration of the Contract, subject to continuing satisfactory performance and availability of funds, is set forth in the detailed Project information in Attachment C.

G. JOINT VENTURE

A Proposer consisting of more than one (1) business entity must clearly identify itself in the Proposal as a joint venture. Each party to a joint venture shall provide financial data (i.e. financial statement, D&B report, etc.) as a separate business entity. Each party to a joint venture shall bear, jointly and severally, the entire responsibility for Contract performance. The enclosed Statement of Joint Venture shall be executed by the joint venturers and submitted with its Proposal.

H. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

The Contractor will be required to comply with State Equal Employment Opportunity requirements contained in N.J.S.A. 10:5-31 et seq., and N.J.A.C.

17:27 et seq. In addition, pursuant to N.J.S.A. 10:2-1 et seq, the Contractor agrees that:

1. In the hiring of persons for the performance of work under this Contract or any Subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this Contract, no Contractor, nor any person acting on behalf of such Contractor or Subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

2. No Contractor, Subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this Contract or any Subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such Contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

3. There may be deducted from the amount payable to the Contractor by the contracting public agency, under this Contract, a penalty of $50.00 for each person for each Calendar Day during which such person is discriminated against or intimidated in violation of the provisions of the Contract; and

4. This Contract may be canceled or terminated by the contracting public agency and all money due or to become due hereunder may be forfeited, for the violation of this section of the Contract occurring after notice to the Contractor from the contracting public agency of any prior violation of this section of the Contract.

A Proposer is further required to comply with all other Equal Employment Opportunity requirements as described herein as well as any other applicable Federal or State statutes or regulations.

I. SMALL BUSINESS ENTERPRISE (“SBE”)/DISABLED VETERAN-

OWNED BUSINESS (“DVOB”) SET-ASIDE PROGRAM GOAL

ASSIGNMENT

As an aid in meeting the commitment of New Jersey’s SBE/DVOB Set-Aside Program, NJ TRANSIT has assigned a goal on the gross sum amount of the Proposal or Contract for SBE and/or DVOB utilization. All Division of Revenue and Enterprise Services registered/certified SBE and/or DVOB firms, including suppliers, in accordance with N.J.S.A. 52:32-17 et seq.; N.J.S.A 52:32-31.1 et seq., and N.J.A.C. 17:13-1.1 et seq.; N.J.A.C. 17:14-1.11 et seq., or other applicable regulation, shall have the maximum opportunity to participate in the performance of this Agreement and any Subcontract under it. NJ TRANSIT and the Proposer shall take all necessary and reasonable steps, in accordance with N.J.S.A. 52:32-17 et seq., N.J.S.A 52:32-31.1 et seq., and N.J.A.C. 17:13-1.1;

17:14-1.1 et seq. and the provisions set forth in “Requirements for State Funded Goods and Services Contracts and Subcontracts with SBEs and DVOBs” attached to this RFP and available for download in the electronic bidding file in the "Exhibit and Attachment List", to ensure that SBE and/or DVOB firms have equal opportunity to participate. Failure by the Proposer/Contractor to carry out the requirements of this Article shall be deemed a material breach of this Agreement.

NJ TRANSIT’s SBE/DVOB Program is accorded the same priority as compliance with all other legal obligations required under this agreement. Contractors shall comply with the SBE/DVOB Program requirements in the award and administration of NJ TRANSIT Contracts. Failure by the Contractor to carry out these requirements shall constitute a breach of the Contract, which may result in the termination of the Contract or other such remedy, as NJ TRANSIT deems appropriate.

The SBE/DVOB goals are identified in Attachment D for this Project.

J. SMALL BUSINESS ENTERPRISE (“SBE”)/DISABLED VETERAN-

OWNED BUSINESS (“DVOB”) PROGRAM COMPLIANCE

REQUIREMENTS

The Proposer shall refer to NJ TRANSIT’s “Requirements for State Funded Goods and Services Contracts and Subcontracts with SBEs and DVOBs”, attached to this RFP, for instructions, guidance, explanations, and mandatory required forms for SBE/DVOB Program obligations under this Contract.

For this Contract, the Proposer shall identify all SBE, DVOB, Non-SBE, Non-DVOB Subcontractors, and suppliers proposed to participate in and those solicited for this Contract, and shall complete and submit to NJ TRANSIT, in care of the Contract Specialist, the mandatory SBE/DVOB Forms A,A1,A2 and B. (Form A - SBE and/or DVOB Utilization, Form A1 - Contractor Solicitation & Contractor Information Log, Form A2 - Non-SBE/DVOB Subcontractor Utilization and Form B - Intent to Perform as a SBE or DVOB Subcontractor/ Supplier). The Proposer shall also print and submit the SBE/DVOB firm’s current SBE/DVOB Certification Profile from the SBE and/or DVOB Business Directory SAVI at https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp for each SBE/DVOB firm identified to perform under this Contract. Additionally, the Proposer shall submit any applicable supplemental forms (Form D - SBE/DVOB Good Faith Effort), if applicable. All required SBE/DVOB forms and “Certification Profiles” shall be submitted to NJ TRANSIT in care of the Contract Specialist with the Cost Proposal or within five (5) calendar days after the Cost Proposal due date.

However, Proposers are strongly encouraged to submit all mandatory documents with the Cost Proposal to prevent delay of the Contract award. Proposers shall review carefully and complete the forms entirely, with no blank fields.

Notwithstanding the date of submission of the mandatory SBE/DVOB forms, all negotiations between a Proposer and any potential SBE and/or DVOB Subcontractor, or supplier shall be completed prior to the Cost Proposal due date.

All SBE/DVOB forms are included in the “Requirements for State Funded Goods and Services Contracts and Subcontracts with SBEs and DVOBs”, attached to this RFP and available for download in the electronic bidding file in the "Exhibit and Attachment List".

Failure to submit any and all mandatory material SBE and/or DVOB documentation within five (5) Calendar days after the Proposal due date shall result in a rejection of the Proposal as non-responsive.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww20.state.nj.us%2FTYTR_SAVI%2FvendorSearch.jsp&data=05%7C01%7CMCampusano%40njtransit.com%7C395401ec4370469fe9b808db78b938d9%7C15c7a12b240a455e9cef3cac02e3d42a%7C0%7C0%7C638236509143645563%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=10HgG7EQVhaI1ibxEdAzs1nnZOxAt2UCPkOfnI4Ce3M%3D&reserved=0

Any questions regarding the SBE/DVOB requirements or the mandatory required forms for this Contract should be directed to the NJ TRANSIT Office of Business Development Specialist identified in Attachment D.

The State of New Jersey provides a searchable Diversity Registry of all registered and approved SBE and/or DVOB firms at the following website:

https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp

K. BUSINESS REGISTRATION CERTIFICATE

Pursuant to N.J.S.A. 52:32-44, NJ TRANSIT is prohibited from entering into a Contract with an entity unless the Proposer and each Subcontractor/Subcontractor that is required by law to be named in a Proposal has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

Prior to Contract award or authorization, the Contractor shall provide NJ TRANSIT with its proof of Business Registration and that of any named Subcontractor(s).

Subcontractors/Subcontractors named in a Proposal shall provide proof of Business Registration to the Proposer, who in turn, shall provide it to NJ TRANSIT prior to the time a Contract, purchase order, or other contracting document is awarded or authorized.

During the course of Contract performance:

(1) the Contractor shall not enter into a Contract with a Subcontractor unless the Subcontractor/Subcontractor first provides the Contractor with a valid proof of Business Registration.

(2) the Contractor shall maintain and submit to NJ TRANSIT a list of Subcontractors/Subcontractors and their addresses that may be updated from time to time.

(3) the Contractor and any Subcontractor/Subcontractor providing goods or performing services under the Contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.

54:32B-1 et seq.) on all sales of tangible personal property delivered to the State.

Any questions in this regard can be directed to the Division of Taxation at (609)292- 6400. Form NJ-REG can be filed online at http://www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the Contract, the Contractor shall submit to NJ TRANSIT a complete and accurate list of all Subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a Business Registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp http://www.state.nj.us/treasury/revenue/busregcert.shtml exceed $50,000, for each proof of Business Registration not properly provided under a Contract with NJ TRANSIT.

Accordingly, the Proposer should submit with its Proposal the Business Registration Certificates for all team members but shall submit the Business Registration Certificates no later than prior to Contract award.

L. CONTRACTOR’S CERTIFICATION OF ELIGIBILITY

The Proposer shall certify on the “Contractor’s Certification of Eligibility” in the space provided in the electronic bidding file, that neither it nor any of its Subcontractors, are included on the State of New Jersey, Department of Treasury, Consolidated Debarment Report, on the Workplace Accountability in Labor List, or on the State of New Jersey, Department of Labor and Workforce Development, Division of Wage and Hour Compliance, Prevailing Wage Debarment List.

Proposers shall also certify that neither it nor any of its Subcontractors, have any exclusions with the System for Award Management (S.A.M) on www.SAM.gov. If the Proposer, or any of its Subcontractors are included on such report, the Proposer may not be eligible for award of Contract.

M. EQUAL PAY ACT

Pursuant to N.J.S.A. 34:11-56.14, any employer, regardless of the location of the employer, who enters into a Contract with a public body to perform qualifying services to the public body shall provide a report to the Commissioner of the New Jersey Department of Labor and Workforce Development, in a form promulgated by the Commissioner, of information regarding the compensation and hours worked by employees categorized by gender, race, ethnicity and job category.

Information regarding the Diane B. Allen Equal Pay Act and its requirements may be obtained from the New Jersey Department of Labor and Workforce Development (LWD) web site at: https://nj.gov/labor/equalpay/equalpay.html.

LWD forms may be obtained from the online web site at:

https://nj.gov/labor/forms_pdfs/equalpayact/mw563(6-18)annualequalpay.pdf.

N. POLITICAL CONTRIBUTION DISCLOSURE

The Contractor is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission (ELEC), pursuant to N.J.S.A. 19:44A-20.27, et seq., if the Contractor receives one (1) or more Contracts in excess of $50,000 from a public entity in a calendar year. It is the Contractor’s responsibility to determine if filing is necessary.

Failure to file can result in the imposition of financial penalties by ELEC. Additional information about this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

https://nj.gov/labor/equalpay/equalpay.html https://nj.gov/labor/forms_pdfs/equalpayact/mw563(6-18)annualequalpay.pdf http://www.elec.state.nj.us/

O. NOTICE OF EXECUTIVE ORDER 125 REQUIREMENT FOR POSTING

OF WINNING PROPOSAL AND CONTRACT DOCUMENTS

NOT APPLICABLE

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

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

The Contract resulting from this RFP is subject to the requirements of Executive Order No. 125. Accordingly, the OSC will post a copy of the Contract, including the RFP, the winning Proposal and other related Contract documents for the above Contract on the Sandy Transparency website.

In submitting its Proposal, a Proposer may designate specific information as not subject to disclosure. However, such Proposer must have a good-faith legal and/ or factual basis to assert that such designated portions of its Proposal (i) are proprietary and confidential financial or commercial information or trade secrets or

(ii) must not be disclosed to protect the personal privacy of an identified individual.

The location in the Proposal of any such designation should be clearly stated in a cover letter, and a redacted copy of the Proposal should be provided.

The State reserves the right to make the determination as to what is proprietary or confidential and will advise the winning Proposer accordingly. The State will not honor any attempt by a winning Proposer to designate its entire Proposal as proprietary, confidential and/or to claim copyright protection for its entire Proposal.

In the event of any challenge to the winning Proposer’s assertion of confidentiality with which the State does not concur, the Proposer shall be solely responsible for defending its designation.

P. NOTICE OF EXECUTIVE ORDER 166 REQUIREMENT FOR POSTING

OF WINNING PROPOSAL AND CONTRACT DOCUMENTS

NOT APPLICABLE

Pursuant to Executive Order No. 166, signed by Governor Murphy on July 17, 2020, the Office of the State Comptroller (“OSC”) is required to make all approved State Contracts for the allocation and expenditure of COVID-19 Recovery Funds available to the public by posting such Contracts on an appropriate State website.

Such Contracts will be posted on the New Jersey transparency website developed by the Governor’s Disaster Recovery Office (GDRO Transparency Website).

The Letter of Engagement resulting from this Engagement Query is subject to the requirements of Executive Order No. 166. Accordingly, the OSC will post a copy of the Letter of Engagement, including the Engagement Query, the winning http://nj.gov/comptroller/sandytransparency/contracts/sandy/

Proposer’s Proposal and other related Contract documents for the above Contract on the GDRO Transparency website.

In submitting its Proposal, a Proposer may designate specific information as not subject to disclosure. However, such Proposer must have a good faith legal or factual basis to assert that such designated portions of its Proposal: (i) are proprietary and confidential financial or commercial information or trade secrets;

or (ii) must not be disclosed to protect the personal privacy of an identified individual. The location in the Proposal of any such designation should be clearly stated in a cover letter, and a redacted copy of the Proposal should be provided.

A Proposer’s failure to designate such information as confidential in submitting a Proposal shall result in waiver of such claim.

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

Q. OWNERSHIP DISCLOSURE

Pursuant to N.J.S.A. 52:25-24.2, in the event the Proposer is a corporation, partnership or limited liability company, it must complete and submit a current, Ownership Disclosure Form prior to the Proposal due date, or accompanying the Proposal. The Ownership Disclosure Form must set forth the names and addresses of all stockholders in a corporation who own ten percent (10%) or more of its stock, or of all the individual partners in the partnership who own a ten percent (10%) or greater interest, or of all the members in the limited liability company who own a ten percent (10%) or greater interest. If one or more stockholders, partners, or members is itself a corporation, partnership, or limited liability company, the stockholders holding ten percent (10%) of more of that corporation’s stock, or the individual partners owning ten percent (10%) or greater interest in that partnership, or the members owning ten percent (10%) of greater interest in the limited liability company, shall also be listed.

To comply with this requirement, a Proposer with any direct or indirect parent entity which is publicly-traded may submit the name and address of each publicly-traded entity and the name and address of each person that holds a ten percent (10%) or greater beneficial interest in the publicly traded entity as of the last annual filing with the Securities and Exchange Commission, and, if there is any person that holds a ten percent (10%) or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a ten percent (10%) or greater beneficial interest.

Failure to submit the form prior to, or with the Proposal will result in the rejection of the Proposal.

R. SOURCE DISCLOSURE REQUIREMENTS – N.J.S.A. 52:34-13.2

Under N.J.S.A. 52:34-13.2, all Contracts primarily for services awarded by NJ TRANSIT shall be performed within the United States, except when the Contracting Officer certifies in writing a finding that a required service cannot be provided by a Contractor or Subcontractor within the United States and the certification is approved by NJ TRANSIT’S President and CEO.

All Proposers seeking a Contract primarily for services with NJ TRANSIT must disclose the location, by country, where services under the Contract, including subcontracted services, will be performed.

If any of the services cannot be performed within the United States, the Proposer shall state with specificity the reasons why the services cannot be so performed.

NJ TRANSIT’S Contracting Officer shall determine whether sufficient justification has been provided by the Proposer to form the basis of his certification that the services cannot be performed in the United States and whether to seek the approval of the President and CEO.

Accordingly, the Proposer should submit the attached Source Disclosure Certification form with its Proposal. If the information is not submitted with the Proposal, it shall be submitted within five (5) Calendar Days of NJ TRANSIT’s request.

Failure to submit sourcing information when requested by NJ TRANSIT shall preclude award of a Contract to the Proposer.

R1. BREACH OF CONTRACT FOR SHIFT OF SERVICES OUTSIDE THE

UNITED STATES

If, during the term of the Contract, the Contractor or Subcontractor, who had on Contract award declared that services would be performed in the United States, proceeds to shift the performance of the services outside the United States, the Contractor shall be deemed to be in breach of its Contract, which Contract shall be subject to termination for cause pursuant to Article 16 of the Agreement (Exhibit 1), unless previously approved by the Contracting Officer and the President and CEO (Executive Director).

S. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Pursuant to N.J.S.A. 52:32-58, et seq., any person or entity that submits a bid or Proposal or otherwise proposes to enter into or renew a Contract must certify, prior to Contract award, that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or Contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.1

T. CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES

IN RUSSIA OR BELARUS PURSUANT TO N.J.S.A. 52:32-60.1

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

U. TECHNICAL EVALUATION COMMITTEE

A Project Technical Evaluation Committee (TEC) comprised of NJ TRANSIT staff will be responsible for reviewing written Proposals and oral presentations and recommending a Proposer for award of this Contract. The TEC will analyze the submitted Technical Proposals, which must include Project manpower estimates, for the respective tasks outlined in the Scope of Services. In order to adequately evaluate the Proposer’s capability, the Proposal must address all tasks as set forth in Scope of Services of this RFP. The Proposer should include the level of detail it determines necessary to assist the TEC in its review and evaluation of its Proposal.

V. MODIFICATION OR WITHDRAWAL

Proposers may submit Proposals as early as possible, as Proposals are held at BidExpress.com until the Proposal due date. Proposers may resubmit Proposals as many times as needed, prior to the Proposal due date, however only the latest Proposal will be valid on Bid Express.

1 https://www.nj.gov/treasury/purchase/forms/DisclosureofInvestmentActivitiesinIran.pdf 2 https://www.nj.gov/treasury/administration/pdf/DisclosureofProhibitedActivitesinRussiaBelarus.pdf https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf https://www.nj.gov/treasury/purchase/forms/DisclosureofInvestmentActivitiesinIran.pdf https://www.nj.gov/treasury/administration/pdf/DisclosureofProhibitedActivitesinRussiaBelarus.pdf

Proposals may be withdrawn at any time prior to the time specified for the opening of Proposals by removing or deleting the uploaded file. The withdrawal of a Proposal does not prejudice the right of the Proposer to submit a new Proposal.

Withdrawals are not permitted after the time specified for the opening of Proposals in the electronic bidding file on Bid Express.

Unless a Proposal is withdrawn as specified above, NJ TRANSIT will consider all Proposals firm offers until such time as NJ TRANSIT executes a Contract with the successful Proposer.

W. DISQUALIFICATION OF PROPOSERS/PROPOSALS

Submission of more than one (1) Proposal from an individual, firm, partnership, corporation or combination thereof under the same or different names shall be cause for disqualification of the Proposals submitted by such entities. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested as a principal in more than one (1) Proposal for the procurement contemplated may cause the rejection of all Proposals submitted by such individual, firm, partnership, corporation or combination thereof.

II. PROJECT BACKGROUND AND DESCRIPTION; SCOPE OF SERVICES

(GENERAL AND DETAILED)

Project-specific information, including background, Contractor qualifications, and scope of services are addressed in detail in Attachment C to the RFP.

III. PROPOSAL REQUIREMENTS

A. GENERAL

Proposals for the Project must be uploaded to the Bid Express website, www.bidexpress.com , on the scheduled Proposal due date and time as specified in Attachment D (subject to change by Addenda). The Proposer must upload both its Technical and Cost Proposals prior to the hour specified so that it is included in the Project download. Late Proposals shall not be accepted. This platform is the only method to submit a Proposal for this Project; hard copy or emailed Proposals will not be accepted. Note: In an effort to increase download speeds of submitted Proposals, this Proposal has a total MAXIMUM upload limit of (7 lines). Each upload line has a maximum limit of 10 MB.

Proposers are requested to begin each file name with abbreviated RFP Number, name of firm and include content description or Attachment Number, if applicable.

(For example, RFP No. 0000186 – Firm ABC – Technical Proposal). While detailed file names are requested, please also avoid lengthy file names and abbreviate when possible.

In order to propose, users must have a digital ID. Proposer digital IDs can take up to seven (7) business days to obtain. There are no fees associated with submitting a Proposal. Note you will be required to download and install the plugin as well as any additional software provided by Bid Express prior to uploading your Proposal. Your corporate or personal security settings may require additional steps before the software can be installed. Please plan accordingly. You may submit Proposals as early as possible, as Proposals are held at www.bidexpress.com until the Proposal due date. You may resubmit Proposals as many times as you need to, however only your latest Proposal is valid. In order to obtain all pertinent Proposal documents, interested firms must register with Bid Express at www.bidexpress.com. To subscribe, follow instructions on the website.

In order to submit a Proposal, NJ TRANSIT recommends that Firms apply for a digital ID at least seven (7) business days prior to the Proposal due date.

Once the Proposer has completed its Proposal, the Proposer shall submit the electronically signed Proposal via the Bid Express website www.bidexpress.com.

The Proposer shall ensure delivery of its Proposal with all required components and attachments.

The Proposer is solely responsible for any and all errors in its Proposal and for timely submission of the Proposal, all components thereof, and all attachments thereto, through the electronic bidding system; NJ TRANSIT assumes no responsibility for any claim arising from the failure of any Proposer or of the electronic delivery system to cause any Proposal, Proposal component, or attachment to not be delivered to NJ TRANSIT on or before the time set for Proposal due date.

The names of those firms that submitted Proposals for this RFP will be posted on Bid Express (www.bidexpress.com) and on NJ TRANSIT’S Procurement Calendar (https://www.njtransit.com/procurement/calendar).

This RFP is the property of NJ TRANSIT. It is to be used solely by those organizations and individuals to whom copies have been sent and solely for the purpose…