RFP NO. 125FF001 Group 34 Fixed Route Bus Services

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

Regional Transportation District

Contracting & Procurement

1660 Blake St.

Denver, CO 80202

Request for Proposals

SERVICES

No. 125FF001

Group 34 Fixed Route Bus Services

05/07/2025

RFP NO. 125FF001 Group 34 Fixed-Route Services

RTD RFP Instructions to Proposers Contracted Services -i-

REQUEST FOR PROPOSALS

TABLE OF CONTENTS

Part 1 - Instructions to Proposers

Part 2 - Proposal Contents Checklist o Forms to be Completed and Submitted with Proposal

Contracted Services Contract

• Contract Award and Signature Page

• Parts 1-5 of the Contracted

Services Contract

• Attachments

A – Contract-Specific Requirements A-1 General: Purpose, Definitions A-2 Liquidated Damages and Performance Incentives A-3 Negotiated Pricing Schedule and Statement of Contract Cost A-4 Special Legal Terms A-5 Notice

B – Scope of Work B-1 Start-up and Transition B-2 Personnel B-3 Facilities B-4 Vehicles, Equipment and Maintenance B-5 Service Standards and Operations B-6 Compliance, Oversight and Reporting B-7 Miscellaneous Technical Specifications

RTD RFP Instructions to Proposers Contracted Services -ii-

C – RTD Reference Data C-1 Background Information C-2 RTD Policies C-3 RTD Procedures C-4 RTD Forms C-5 Quality Control Criteria C-6 Route Maps C-7 Route Headways

D – Insurance and Bond Requirements E – DBE Contract Requirements F – RFP Documents

F-1 Instructions to Proposers F-2 Addenda F-3 Contractor Proposal F-4 Completed Certifications

G – Federal Terms

H – Special Provisions/Alterations

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

PART 1

INSTRUCTIONS TO PROPOSERS

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

INSTRUCTIONS TO PROPOSERS

RFP SUMMARY

A. RFP Schedule

05/07/2025 RFP advertised and made available to prospective proposers.

05/21/2025 2:30 p.m.

MST

Pre-proposal briefing will be held via Microsoft Teams

Join on your computer, mobile app or room device

Join the meeting now

Meeting ID: 258 880 256 082 8

Passcode: Kf3zu68P

Dial in by phone

+1 720-443-6193,,656772259# United States, Denver

Find a local number

Phone conference ID: 656 772 259#

05/29/2025 Inquiry Period: Questions from prospective proposers are to be received by close of business. Questions must be submitted through RTD’s online procurement portal, OpenGov.

06/05/2025 RTD sends responses to questions, if any, to all prospective proposers through RTD’s online procurement portal, OpenGov.

06/17/2025 2:00 p.m.

prevailing local time

Proposals due: All proposals must be received through RTD’s online procurement portal, OpenGov.

Week of 06/30/2025

If necessary, oral presentations by selected finalists will be held via Microsoft Teams meeting.

07/28/2025 RTD anticipates making final selection.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWM0ZGZlYzktMjk1Ni00YWFmLWFkOWMtZWU2YTNiZTFhODMx%40thread.v2/0?context=%7b%22Tid%22%3a%2205182089-2b8a-4c82-864b-aa265b61fa57%22%2c%22Oid%22%3a%22766952e4-bece-40d0-ba63-6503e3699679%22%7d tel:+17204436193,,656772259 https://dialin.teams.microsoft.com/0d5344a1-6221-45fb-9f0c-706b6b98f234?id=656772259

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

B. Work – RTD is seeking proposals from qualified firms to provide Group 34 Fixed Route Bus Services.

C. Cost Type – Payments are anticipated to be made on a “Fixed Price” basis.

D. Award of Contract – Award of a Contract from this RFP will be based upon “best value” competitive proposal procedures.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

E. Period of Performance – Subject to the Termination provision of the Contract, performance shall commence as of the Effective Date (or in the event that RTD provides a Notice to Proceed to the Contractor, the Period of Performance shall commence on the date of the Notice to Proceed) and shall continue for 3 years following the Service Start Date (subject to the exercise of any option periods). The Service Start Date is January 10, 2026, the date on which the delivery of revenue transportation services under Group 34 will commence.

F. Options for this Contract – There shall be two 1-year Option periods for this Contract.

G. Disadvantaged Requirement for Contracts with a DBE Goal – RTD has specified a DBE participation goal of 5% for the Work to be performed under the Contract. Proposers must make adequate good faith efforts to meet this goal in order to be deemed as a responsive and responsible proposer. Award of the Contract will be conditioned on meeting the requirements of this section.

49 CFR Part 26.53 and Appendix A of 49 CFR Part 26 shall serve as the criteria for evaluating compliance with the good faith efforts requirements.

Additionally, proposers are required to solicit the support and assistance of RTD’s Small Business Office if they are unable to meet the DBE participation goal assigned to this Contract. The proposers can meet this requirement in one of two ways:

First, the proposer can meet this goal by demonstrating and documenting its commitments for participation by DBEs for at least the total percentage identified above or a percentage that exceeds the goal for the project. The DBE Contract Requirements as well as 49 CFR Part 26.53 explain the procedures that recipients/agencies such as RTD should follow in this situation. All DBEs must be certified prior to the proposal submission, except in a “design-build” or “turnkey” contracting situation, multi-year projects, or some on-call or work order projects where RTD will explain its procedure in section 3 of the DBE Contract Requirements.

Second, if the proposer does not meet the DBE goal identified in this Contract, or is able to only meet part of this goal, it must document adequate good faith efforts.

Appendix A to 49 CFR part 26 clearly states, “This means that the proposer must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful.” Additionally, DBE Contract Requirements as well as 49 CFR Part 26.53 explain the good faith efforts procedures that recipients/agencies such as RTD should follow when a proposer does not meet the goal.

The DBE/SBE participation goal applies to the total value of the Contract including all pre-award negotiation results and post-award change orders/modifications.

Submittals of the proposer’s DBE/SBE Plan/Program will be evaluated based on the proposer’s DBE/SBE approach, creativity, demonstrated commitment to RTD’s DBE/SBE and diversity programs, ability to successfully respond to project DBE/SBE participation goals and compliance with overall DBE/SBE program requirements as codified in 49 CFR Part 26 and RTD’s SBE Program.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

H. Proposals shall be valid for a duration of no less than 90 days from proposal due date.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

GENERAL INSTRUCTIONS

A. General.

1. The Contract shall be for Group 34 Fixed Route Bus Services as outlined in the Scope of Work. There shall be two 1-year Option periods. Subject to the Termination provision of the Contract, performance shall commence as of the Effective Date (or in the event that RTD provides a Notice to Proceed to the Contractor, the Period of Performance shall commence on the date of the Notice to Proceed) and shall continue for 3 years following the Service Start Date (subject to the exercise of any option periods). The Service Start Date is January 10, 2026, the date on which the delivery of revenue transportation services under Group 34 will commence.

2. Option(s). If RTD has included the potential for options on this Contract, proposals should be adjusted to cover such option(s). The option quantities or periods contained in the proposer’s proposal shall be evaluated in order to determine Contract award. When options have not been evaluated as part of the award, the exercise of such options will be considered “sole source” procurements. RTD will evaluate offers for award purposes by adding the total proposed price for all options to the total proposed price for the initial term of the Contract. Award of a Contract containing options shall not obligate RTD to exercise such option(s).

3. Brand Name or Equal. If an item in this RFP is identified as "brand name or approved equal," the purchase description reflects the characteristics and level of quality that will satisfy RTD’s needs. The salient physical, functional, or performance characteristics that "approved equal" products must meet are specified in the RFP. To be considered for award, offers of "approved equal" products, including "approved equal" products of the brand name manufacturer, must meet the salient physical, functional, or performance characteristic specified by this RFP; clearly identify the item by brand name, if any, and make or model number; include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and clearly describe any modifications the proposer plans to make in a product to make it conform to the RFP requirements. The proposer must also mark any descriptive material to clearly show such modifications. RTD will evaluate "approved equal" products on the basis of information furnished by the proposer. Requests for approved equals must be received by the Purchasing Agent through OpenGov during the Inquiry Period stated in the RFP Schedule. Any request for an approved equal must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal to or better than the Specifications requirement. In addition, any test requirements in the Specifications that pertain to an item under consideration for approved equal must be submitted with the request for approved equal. Decisions of RTD shall be reduced to writing by the Purchasing Agent and shall be final. Responses to requests for approved equals will be issued by Addendum per the RFP Schedule date for responses to questions.

4. The Proposal Contents Checklist, Part 2 of the RFP, is included for the proposer’s convenience. Each proposer is solely responsible for submitting any necessary forms and certifications that may be required by the RFP through RTD’s online procurement portal.

5. Part 4 of this RFP is a copy of the Contract contemplated for award substantially in the form to be executed.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

6. A list of all holders of the RFP is available for view and/or print on the RTD website.

The list is obtainable from the RFP advertisement date through the RFP close date.

B. Addenda to RFP. In the event that it becomes necessary to revise any part of this RFP, or if additional information is necessary to enable potential proposers to make an adequate interpretation of the provisions of this RFP, an addendum to the RFP will be provided to each recipient of this RFP through RTD’s online procurement portal.

C. Inquiries. Questions about RTD and this RFP shall be directed to the Procurement Agent through RTD’s online procurement portal.

1. From the issuance date of this RFP until RTD selects a proposal for award, Ron Bibeau, Procurement Specialist - Lead, is the sole point of contact for RTD and RTD’s project team members concerning this RFP. (In this RFP and the Contract Documents, this point of contact may be referred to as the Contract Administrator, Contracting Officer, Purchasing Agent, Buyer, or the like.) Any violation of this condition may be cause for RTD to reject the offending proposer’s proposal. If RTD later discovers that the proposer has engaged in any violations of this condition, RTD may reject the offending proposer’s proposal or rescind its Contract award. Proposers must agree not to distribute any part of their proposals beyond RTD. A proposer that shares information contained in its proposal with other RTD personnel, RTD project team members, RTD board members, and/or competing proposer personnel may be disqualified.

2. Proposers’ questions must be submitted through RTD’s online procurement portal. All requests for clarifications and/or changes to the form of the Contract, including suggested changes to the Terms and Conditions, must be made during the Inquiry Period. RTD has no obligation to respond to questions or requests for clarifications that are not submitted through RTD’s online procurement portal, nor to those submitted outside of the Inquiry Period. Except as provided below, RTD’s responses to all inquiries properly submitted will be answered in the form of an addendum that will be provided to all recipients of this RFP through RTD’s online procurement portal.

3. If the RFP Schedule provides for a pre-proposal briefing (“Briefing”), RTD will not respond to any questions regarding the RFP until the Briefing is complete and the Inquiry Period is closed. Firms that have received this RFP, whether present for the Briefing or not, will receive: (1) a copy of the minutes; (2) answers to all questions presented; (3) a listing of all recipients of the RFP (current to date of Briefing), and

(4) a copy of the sign-in sheet from the Briefing.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

PROPOSALS

A. Submission Requirements.

1. Any alteration, insertion, or erasure by the proposer in the form of the RFP documents as originally prepared by RTD shall render the accompanying proposal non-responsive and may constitute cause for rejection. Conditional proposals or those that take exception to the RFP documents or Scope of Work may be treated as non-responsive.

2. Proposal Submission. RTD’s Purchasing Agent must receive through RTD’s online procurement portal the following documents in Adobe PDF format that is in compliance with The Rehabilitation Act of 1973, 29 USC 701, Section 508, which requires that the document be readable by all, including those with disabilities, and marked as such:

a) The technical proposal;

b) The cost proposal, described below;

c) One “Open Records” copy of your technical proposal per the Colorado Open

Records Act, C.R.S. § 24-72-200.1 et seq. (as amended);

d) One “Open Records” copy of your cost proposal per the Colorado Open Records

Act, C.R.S. § 24-72-200.1 et seq. (as amended);

e) One copy of each of the DBE Contract Requirements Enclosures and DBE Plan if required, saved as separate documents; and

f) One copy of each of the RTD-required submissions contained in Part 2., Forms to be Completed and Submitted with Proposal.

Your proposal must be received no later than the time and date set forth in the RFP Schedule.

3. Signatures. Proposals must be signed by a duly authorized official of the firm.

Proposals submitted by consortiums, joint ventures, or teams, although permitted and encouraged, will not be considered responsive unless it is established that all contractual responsibility rests solely with one contractor or one legal entity which shall not be a subsidiary or affiliate with limited resources. Each submittal should indicate the entity responsible for execution on behalf of the consortium, joint venture, or team.

4. Proposal Format.

a) Technical proposals should not exceed 75 single-sided pages. (One “page” is defined as one standard 8½ x 11-inch sheet of paper in Times New Roman, in no less than 12-point font.) All charts, graphic displays, etc., must be of readable size.

Foldouts to illustrate particular items are permitted but will be included in page count. Cover letters should be no longer than two pages.

b) Submission of standard promotional material and corporate literature not specifically requested by RTD is discouraged. Any such information may not be fully considered in the evaluation.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

B. Content Requirements.

1. All proposals must include the signed Addenda acknowledgement included with Part

2, where the proposer should list all addenda received. Failure to provide this acknowledgement form or list addenda may cause the proposal to be rejected as non-responsive.

2. In addition to any information required elsewhere in this RFP and in the Scope of Work, all proposals shall contain and will be evaluated based on the following sections:

a) A cover letter (maximum two pages) briefly describing the firm or firms

(including subcontractors, if any) on the proposed project team, referencing the RFP by name and number.

b) A detailed technical proposal (maximum 75 pages) in narrative form describing the proposer and proposed team. Proposals shall include the following items in the order listed below and shall not exceed 75 pages, excluding attachments. Items that will not be counted in the 75-page limit are: the firm’s cover letter, résumés, and certifications. Proposals shall address the following:

(i) Previous experience of the proposed team (including subcontractors) and key personnel in performing on projects of a similar nature and scope.

(ii) A demonstrated ability to perform under the Contract.

(iii) Documented Plans (Start-Up and Transition, Experience and Personnel, Facilities, Vehicle Maintenance, etc.)

c) Supplemental project information appendix, including:

(i) Description, including name of client, of at least two recent projects that demonstrate successful completion of projects of similar nature and scope.

Clients may be contacted for references.

(ii) An organizational chart for each firm on the proposed team and résumés for all staff listed on the organizational chart.

(iii) Résumés of all proposed key personnel and the availability during Contract performance periods of all key personnel.

d) Completed forms and certifications required by the RFP.

e) DBE Contract Requirements Enclosures – Proposers shall provide information detailing the following, as applicable:

(i) The 5% DBE participation goal applies to the total value of the Contract including all pre-award negotiation results and post-award change orders/modifications. Failure to submit all completed Enclosures within the DBE Contract Requirements may result in your proposal being deemed non-responsive. Modification of any DBE Contract Requirements Enclosures prior to the official award of the Contract will result in your proposal being deemed non-responsive. Inconsistencies within the following Enclosures may also result in your proposal being deemed non-responsive: Enclosure 1A, Enclosure 1B, Enclosure 2A and Enclosure 3A.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

f) Contract Cost Proposal, as described below.

C. Contract Cost Proposal. Each proposer shall submit, one copy only of the information required below:

1. Cost proposals must clearly identify pricing proposed for the type of Contract to be awarded. Cost proposals must also reflect each Option year. There are three Cost Worksheets included with this Solicitation. Please be certain to submit all three with your response.

2. All supporting documentation for the cost proposal, including, without limitation:

a) Information demonstrating to RTD that the proposer has the necessary financial resources to perform the Contract. This information should include:

(i) Financial statement for the last three years (or since the entity commenced operations, if less than three years). The most recent financial statements must include either an Auditor’s Report Letter or an Accountant’s Review Letter. The financial statements shall include Balance Sheets, Statements of Income and Stockholder’s Equity, and a Statement of Change in Financial Position. If the proposer is a parent or subsidiary of another entity, consolidated financial statements are also required.

(ii) Un-audited balance sheets of the proposer and un-audited balance sheets of proposer and its subsidiaries, if any, for interim quarterly periods since the close of its last fiscal year.

b) Names of banks or other financial institutions with which the proposer conducts business; and

c) Letter of credit commitments (if any).

D. Only One Proposal Accepted. RTD will accept only one proposal for the Work from any one proposer. This includes proposals that may be submitted under different names by one firm or corporation.

E. Conflicting Information from Proposer. The information and/or pricing provided by the proposer in the required proposal PDFs will control in the event of a conflict with any information and/or pricing the proposer types into RTD’s online procurement portal when submitting the proposal.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

AWARD PROCESS

A. Evaluation Criteria. Proposals will be evaluated according to the following criteria, listed in descending order of importance:

1. Understanding/Approach and Organization for Implementation 40%

2. Experience of Firm and Key Personnel in Providing Service Similar in Scope, Size and Complexity

30%

3. Cost (including options, if any). 30%

4. DBE Evaluation. Pass/Fail

B. Notification to Successful Proposer. Award decisions of RTD shall be reduced to writing by the Director of Contracting and Procurement, or delegate, and shall be final. RTD will notify the successful proposer, if any, by sending a notice of intent to award, which is subject to any required RTD approval. Following RTD approval, the Contracting Officer will initiate the Contract signature process, if applicable, and then issue the notice to proceed with the executed Contract.

C. Notifications to Unsuccessful Proposers.

1. Pre- and Post-Award Notices of Exclusion. The Purchasing Agent shall notify unsuccessful proposers through RTD’s online procurement portal of exclusion from award. Requests for a debriefing must be submitted to the Purchasing Agent by email within three days of receipt of such notice. Debriefings requested for and provided prior to Contract award shall address only the requesting proposer’s proposal; post-award debriefings may address all proposals submitted.

Only one pre-award or post-award debriefing shall be provided per proposer.

2. Protests. Protests related to this RFP must be submitted in writing to the Purchasing Agent and will only be accepted from proposers whose direct economic interest would be affected by the award of a Contract or failure to award a Contract. Copies of RTD’s protest procedures are available upon request to the Purchasing Agent. Proposers must exhaust all administrative remedies prescribed by RTD’s protest procedures before proceeding to court.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

LEGAL NOTICE TO PROPOSERS

A. Background Investigations. Any proposer awarded a Contract with RTD shall be required to perform background investigations on all employees selected to perform under this Contract and shall be required to certify to RTD that it has performed and evaluated such background investigations.

B. Organizational Conflict Of Interest.

1. The proposer shall review the attached Organizational Conflicts of Interest Disclosure

Requirements and submit its Organizational Conflicts of Interest Certification with the proposal.

2. If the proposer prepared or assisted RTD in the preparation of a statement of work, work program, or system specifications to be used in a competitive procurement by RTD, the proposer will be ineligible to supply the same in connection with this Contract.

The proposer may otherwise compete for RTD business on an equal basis with other parties.

3. Except as provided above, if RTD determines that a potential conflict exists, the proposer shall be excluded from award unless the conflict can be avoided or otherwise resolved through the inclusion of a special Contract provision or other appropriate means.

C. Allowable Costs. If this Contract provides for payment of reimbursable costs, all costs submitted for reimbursement shall comply with the cost principles of FAR Part 31.

D. Insurance and Bond Requirements. Proposers’ attention is directed to the insurance and bond requirements prescribed in Attachment D. It is highly recommended that proposers confer with their insurance carriers or brokers in advance of proposal submission to determine the availability of bonds, insurance certificates and any endorsements.

E. DBE Compliance. Proposers must make adequate good faith efforts to meet this goal in order to be deemed as a responsive and responsible proposer. Award of the Contract will be conditioned on meeting the requirements of this section. 49 CFR Part 26.53, Appendix A of 49 CFR Part 26 and DBE Contract Requirements shall serve as the criteria for evaluating compliance with the good faith efforts requirements.

F. News Releases. RTD’s written approval is required prior to any communication with the press or any public disclosure relating to this RFP or any subsequent awards.

G. Pre-Award Audit. RTD reserves the right to conduct a pre-award audit to verify labor rates, overhead rates, etc. should RTD determine that such an audit is required prior to negotiation or award of a Contract.

H. Cost of Proposal Preparation. RTD shall not reimburse proposers for costs incurred for preparation of proposals or required documentation.

I. Materials Submitted. All materials submitted shall become the property of RTD and will not be returned to the proposer.

J. Confidentiality. RTD is a public entity subject to the provisions of the Colorado Open Records Act, C.R.S. § 24-72-200.1 et seq. (“CORA”), and all materials submitted with this RFP, with the exception of trade secrets, privileged information, and confidential

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023 commercial, financial, geological, or geophysical data pursuant to C.R.S. § 24-72- 204(3)(a)(IV), may become public records subject to inspection by the public at any time after the Contract is executed. Therefore, any confidential or proprietary information that the proposer discloses to RTD with respect to this RFP must be clearly designated as confidential or proprietary at the time of disclosure by the proposer to RTD. RTD shall not disclose properly designated information unless such information is required to be disclosed by law or court order. In the event of a legal challenge to the confidentiality of records so designated by the proposer, RTD shall make reasonable efforts to notify the proposer prior to disclosing any such information, and in some cases may tender to the proposer the defense of any action filed. By submitting a proposal under this RFP, the proposer agrees to accept such tender of defense and in all cases assumes exclusive responsibility for defending its position as to the confidentiality of the requested information. RTD is not obligated to assist in such defense, and cannot and does not guarantee that the confidentiality of records so designated will be upheld by a reviewing court. If the proposer fails to submit a copy of its proposal that may be released under CORA, the proposer acknowledges that RTD has the authority to disclose, and may disclose in its discretion, any non-designated information contained in the proposal in response to a CORA request.

K. Rights Reserved to RTD.

1. All proposers are notified that the execution of a Contract pursuant to this RFP is dependent upon negotiation of a mutually acceptable Contract with the successful proposer(s) and subsequent appropriation by RTD’s Board of Directors of the necessary funds. Successful proposers must be prepared to execute the Contract (as may be amended by the issuance of Addenda) that is provided with this RFP. RTD has no obligation to accept requested changes to the form of the Contract terms beyond the Inquiry Period, and no changes will be made after award to the successful proposer(s) (other than in respect of typographical errors).

2. It is the intent of RTD to make an award within 60 days from the proposal due date;

however, all proposals shall be valid for no less than 90 days.

3. RTD reserves the right to reject all offers and re-solicit or cancel this RFP if deemed by RTD to be in its best interest.

4. RTD reserves the right to enter into a Contract with any proposer based upon the initial proposal or on the basis of a best and final offer without conducting oral discussions.

L. Prohibited Interests. No employee of RTD or any member of its governing body shall have any personal or financial interest, direct or indirect, in this Contract or any contract executed subsequently in connection with this Contract during his or her tenure or for one year thereafter. No director, officer, employee, or agent of RTD shall be interested in any contract or transaction with RTD except in his or her official representative capacity.

M. Competition in Subcontracting. Proposers shall select subcontractors (including suppliers) on a competitive basis to the maximum practicable extent consistent with the objectives and requirements of any Contract awarded.

RTD Part 1 RFP Instructions – Web Portal Revised 03.2023

N. Personnel Availability. By submitting its proposal, the proposer certifies that it and each of its subcontractors possess an adequate supply of workers qualified to perform the work specified within the Contract schedule; that there is no existing or impending dispute between it and any labor organization; and that it is prepared to comply fully with prevailing wage requirements, minimum wages, maximum hours of work, and equal opportunity provisions contained in the Contract Terms and Conditions.

RFP NO.: 125FF001 Group 34 Fixed Route Bus Services

Part 2 RFP Checklist - Web Portal Revised 06.2022

PART 2

PROPOSAL CONTENTS CHECKLIST

RFP NO.:125FF001 Group 34 Fixed Route Bus Services

Part 2 RFP Checklist - Web Portal Revised 06.2022

PROPOSAL CONTENTS CHECKLIST

Your submitted proposal must contain the following items, in this order, in Adobe PDF format that is in compliance with The Rehabilitation Act of 1973, 29 USC 701, Section 508, which requires that the document be readable by all, including those with disabilities. See the Instructions to Proposers (Part 1) for details.

Cover Letter (Maximum 2 Pages)

Addenda Acknowledgement Form

Technical Proposal (Maximum 75 Pages)

One copy of the technical proposal, marked as such

One “Open Records” copy of the technical proposal per the Colorado Open Records Act, C.R.S. § 24-72-200.1 et seq. (as amended), marked as such

Cost Proposal

One copy of the cost proposal, marked as such

One “Open Records” copy of the cost proposal per the Colorado Open Records Act, C.R.S. § 24-72-200.1 et seq. (as amended), marked as such

Certification Regarding Debarment

Certification Regarding Contingent Fee

Certification Regarding Lobbying

Certification Regarding Organizational Conflict of Interest

Background Investigation Certification SAMPLE ONLY - (to be completed by successful Proposer)

RFP NO.:125FF001 Group 34 Fixed Route Bus Services

Part 2 RFP Checklist - Web Portal Revised 06.2022

Certification Regarding Federal tax liability and recent felony conviction

W-9 Taxpayer Identification Number Request Form

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

DBE Contract Requirements Enclosures and SBE/DBE Plan if required (all completed enclosures must be returned with proposals as separate documents)

DBE Contract Requirements Enclosure Checklist

DBE Contract Requirements Certification

* Items In Bold Have Been Provided.

RFP No. 125FF001 Group 34 Fixed Route Bus Service

Addenda Acknowledgment Rev. 02.2022

ACKNOWLEDGMENT OF ADDENDA RECEIVED

The undersigned acknowledges receipt of the following addenda to RTD Request for Proposals documents (give number and date of each):

Addendum Number Dated:

Addendum Number Dated:

Addendum Number Dated:

Addendum Number Dated:

Addendum Number Dated:

Addendum Number Dated:

Failure to acknowledge receipt of all addenda may cause the proposal to be considered non-responsive to the request, which would require rejection of the proposal.

The undersigned understands that any condition stated above, clarification of the above, or information submitted on or with this form other than requested will render the proposal non-responsive.

Proposer Name:

Address:

By:

Signature of Authorized Official Title:

Date:

Certification Regarding Debarment – Federal Rev. 08.2023

CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND

OTHER RESPONSIBILITY MATTERS

A. The proposer certifies to the best of its knowledge and belief that the proposer and each of its principals:

1. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;

2. Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;

3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph A.2. of this certification; and

4. Has not within the preceding three years, this certification had one or more public transactions (Federal, State, or local) terminated for cause or default.

B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal.

Proposer Name

Date: By:

Name and Title of Authorized Representative

Signature of Authorized Representative

Certification Contingent Fee Rev. 02.2022

PROPOSER’S

REPRESENTATION REGARDING

CONTINGENT FEE

THE PROPOSER REPRESENTS:

a. That it (has) (has not) employed or retained any company or person (other than a full-time, bona fide employee working solely for the proposer) to solicit or secure this Contract, and

b. That it (has) (has not) paid or agreed to pay to any company or person (other than a full-time, bona fide employee working solely for the proposer) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this Contract.

The proposer agrees to furnish information relating to (a) and (b) above as requested by the Contracting Officer. (For interpretation of the representation, including the term “bona fide employee,” see Code of Federal Regulations, Title 48, Subpart 3.4.)

EXECUTION OF STANDARD FORM 119: If the proposer indicates above that it has employed or retained a company or person (other than a full-time, bona fide employee working solely for the proposer) to solicit or secure this Contract, or that it has paid or agreed to pay any fee, commission, percentage, or brokerage fee to any company or person contingent upon or resulting from the award of this Contract, it may be requested by the Contracting Officer to furnish a completed Standard Form 119, “Contractor’s Statement of Contingent or Other Fees.” If the proposer has previously furnished a complete Standard Form 119 to RTD, it may accompany its proposal with a signed statement (a) indicating when such completed form was previously furnished, (b) identifying by number the previous Request for Proposals or Contract, if any, in connection with such form that was submitted, and (c) representing that the statement in such form is applicable to this proposal.

Signature ___________________________________

Title ________________________________________

Date ________________________________________

Certification Regarding Lobbying – Federal Rev. 08.2023

CERTIFICATION REGARDING LOBBYING

The undersigned, certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S Code. Any person who makes a prohibited expenditure or fails to file or amend the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.

The proposer, , certifies or affirms the truthfulness and accuracy of each statement of this certification. In addition, the proposer understands and agrees that the provisions of 31 U.S.C.A. 3801, et seq., apply to this certification.

__________________________ Signature of Proposer’s Authorized Official

__________________________ Name and Title of Proposer’s Authorized Official

___________________________ Date

Organization Conflicts of Interest Disclosure Req. & Certification

ORGANIZATIONAL CONFLICTS OF INTEREST DISCLOSURE REQUIREMENTS

(a) Organizational conflict of interest means that, because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to RTD, or the person's objectivity in performing the Work is or might be otherwise impaired, or a person has an unfair competitive advantage.

(b) Each firm responding to the RFP shall provide the statement described in paragraph (c). This requirement will apply individually to any of the firm’s consultants or lower-tier subcontractors that also furnish Work in performance of the Contract to be awarded.

(c) The statement must contain the following:

(1) Name of the firm and the number of the RFP in question.

(2) The name, address, telephone number, and federal taxpayer identification number, if applicable, of the firm.

(3) A description of the nature of the Work rendered by or to be rendered on the Contract or related to the Contract.

(4) A statement of any past (within the past 12 months), present, or currently planned financial, contractual, organizational, or other interests relating to the performance of the Contract. For contractual interests, such statement must include the name, address, and telephone number of the client or client(s), a description of the services rendered to the previous client(s), and the name of a responsible officer or employee of the firm who is knowledgeable about the services rendered to each client, if, in the 12 months preceding the date of the statement, services were rendered to RTD or any other client respecting the same subject matter of the RFP or directly relating to such subject matter. The client and contract number under which the services were rendered must also be included, if applicable. For financial interests, the statement must include the nature and extent of the interest and any entity or entities involved in the financial relationship. For these and any other interests, enough information must be provided to allow a meaningful evaluation of the potential effect of the interest on the performance of the Contract.

(5) A statement that no actual or potential conflict of interest or unfair competitive advantage exists with respect to the Work to be provided in connection with the Contract or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the Contract or related to the Contract has been communicated as part of the statement required by section (c).

(d) Failure of a firm to provide the required statement may result in the firm being determined ineligible for award. Misrepresentation or failure to report any fact may result in the assessment of penalties associated with false statements or such other provisions provided for by law or regulation.

Organization Conflicts of Interest Disclosure Req. & Certification Rev. 02.2022

ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION

The proposer is is not aware of any information bearing on the existence of any potential organizational conflict of interest as described in the Disclosure Requirements on the previous page.

If the proposer is aware of information bearing on whether a potential conflict may exist, the proposer shall provide a disclosure statement describing this information as described in the Disclosure Requirements on the previous page.

Signature ___________________________________

Title ________________________________________

Date ________________________________________

Supplemental Background Checks Terms & Conditions

CRIMINAL BACKGROUND CHECKS AND ACCESS BADGES

TERMS AND CONDITIONS

For each individual performing any portion of the Work, which portion of the Work requires the individual to have (i) direct access to RTD’s critical information systems or confidential information, (ii) unaccompanied access to RTD secured facilities, or (iii) access to money or stored value cards, Contractor shall ensure that the individual (a) passes a criminal background check and (b) obtains an RTD access badge, each in accordance with the standards set forth in this Article. Contractor also shall ensure that the requirements in this Article are included in any subcontracts.

A. Criminal Background Check. Contractor shall ensure that all criminal background checks required by this Article are completed. In order to pass a criminal background check, the individual’s report shall not include any Disqualifying Offense, defined below. RTD believes all of the Disqualifying Offenses are job-related and consistent with business necessity for any individual performing any portion of the Work. If, after an individual review of (1) the nature and gravity of the offense, (2) the time that has passed since the offense and/or completion of the sentence, and (3) the nature of the job held or sought, the Contractor concludes that it would like to employ an individual to perform any portion of the Work in conflict with these standards, the Contractor shall so notify RTD in writing of the rationale for this conclusion at least three business days prior to scheduling the individual to obtain an RTD access badge or begin the Work.

The criminal background check shall, at a minimum, cover the previous seven years, and include the criminal record in the Colorado Bureau of Investigation database and shall be conducted by a licensed firm in accordance with applicable laws. Contractor shall maintain all records demonstrating the criminal background check results as confidential and, upon three business days’ notice, shall make such records available to the RTD Project Manager at any time during the Contract term.

“Disqualifying Offense” is any conviction in any jurisdiction of any of the following criminal offenses.

Permanently Disqualifying Criminal Offenses � Espionage, Sedition, Treason;

� A federal crime of terrorism as defined in 18 U.S.C. 2332b(g);

� A crime involving a transportation security incident (A transportation security incident is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area, as defined in 46 U.S.C.

70101. The term “economic disruption” does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute.);

� Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law;

� Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device;

� Murder in the first or second degree and manslaughter;

Rev. 02.2022

� Assault with intent to murder;

� Kidnapping in the first or second degree or hostage-taking;

� Rape or aggravated sexual abuse;

� Endangering Public Transportation, C.R.S. 18-9-115;

� Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq. (“RICO”), or a comparable state law, where one of the predicate acts found by a jury or admitted by the defendant is one of the crimes listed above.

Seven-Year Disqualification (seven years from the date of conviction) � Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon;

� Extortion;

� Dishonesty, fraud, or misrepresentation, including identity fraud (welfare fraud and passing bad checks do not constitute dishonesty, fraud or misrepresentation for purposes of this paragraph);

� Bribery;

� Smuggling;

� Immigration violations;

� Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq. (“RICO”), or a comparable state law, other than the violations of RICO listed above;

� Robbery;

� Distribution of, possession with intent to distribute, or importation of a controlled substance;

� Arson;

� Criminally negligent homicide and vehicular homicide;

� Assault in the first or second degree;

� False imprisonment;

� Enticement of a child or Internet luring of a child;

� Sexual assault, unlawful sexual contact, or sexual assault on a child;

� Burglary;

� Any offenses involving bribery or corrupt influences as a public servant.

� Violation of the Computer Fraud and Abuse Act, 18 USC § 1030 or Colo. Rev. Stat. §§ 18-

5.5-101 – 102.

Five-Year Disqualification (five years from the date of conviction) � Reckless driving;

� Third-degree assault;

� Any driving offense involving the use of alcohol or drugs;

� Any violent crimes not listed above including but not limited to cruelty to animals;

� Any crimes involving theft, fraud or extortion not listed above;

� Any crimes involving sexual misconduct not listed above;

� Any crimes not listed above that are aggravated or involving domestic violence or exploiting minors;

� Any crimes involving firearms or weapons not listed above;

� Theft of public transportation services, C.R.S. § 18-4-802;

� Hindering transportation, C.R.S. § 18-9-114;

� Endangering public transportation, C.R.S. § 18-9-115 (misdemeanor conviction);

Rev. 02.2022

� Throwing missiles at vehicles, C.R.S. § 18-9-116;

� Any crimes involving alcohol or drugs not listed above.

B. RTD Access Badge. Contractor shall submit to the RTD Project Manager all requests for badges required by RTD’s Access Control procedures (“Access Badge”). Such requests shall include a certification that the individual has passed a criminal background check in accordance with this Article. Each individual performing Work must wear an Access Badge when present at any RTD secured facility. Contractor shall ensure that all Access Badges issued pursuant to the Contract are returned at the end of the Contract term. Contractor shall pay a replacement fee for any Access Badge that needs to be replaced.

Background Investigation Certification

BACKGROUND INVESTIGATION CERTIFICATION

I, a duly authorized representative of the Contractor, certify that the following individuals, who will perform Work under the Contract, have successfully passed a criminal background check in accordance with the Contract.

Name Position Date Passed

FOR CONTRACTOR:

Signature Date

Name (please print)

Title (please print)

NAME OF CONTRACTOR:

(please print)

RTD Contract No. 124FF001

CERTIFICATION REGARDING

FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTION

A. Certifications. Contractor hereby certifies that:

1. it does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

2. it was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.

A. Flow Down Provision.

Contractor agrees that, prior to entering into any subcontract, Contractor will require the subcontractor to provide a certification on Federal Tax Liability and Recent Felony Convictions, which should be identical to the certification that Contractor provided by RTD. If the prospective subcontractor cannot certify as to the statements, Contractor shall not enter into the subcontract absent RTD and FTA approval. Contractor agrees to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.

Contractor Name:

Date: By:

REPRESENTATION REGARDING

CERTAIN TELECOMMUNICATIONS AND…