RFP 26-4205 Paratransit Demand Response Regional Scheduling Software.pdf

SUBURBAN MOBILITY AUTHORITY for REGIONAL TRANSPORTATION

REQUEST FOR PROPOSALS

Paratransit & Demand Response Regional Scheduling Software Control No. 26-4205

Prepared by: Caleb Barrett

SMART

Procurement Department-Buhl Building 535 Griswold Street, Suite 600 Detroit, MI 48226

Return to Attention of:

bids@smartbus.org

RFP Control Number: 26-4205 RFP Due Date: 3:00 PM Eastern Time, July 23, 2025

VENDOR NAME: _____________________________________________________

REPRESENTATIVE NAME: _____________________________________________

STREET ADDRESS: ___________________________________________________

CITY, STATE, ZIP: ____________________________________________________

PHONE: __________________________EMAIL: ____________________________

mailto:bids@smartbus.org i

TABLE OF CONTENTS

1.00 INTRODUCTION AND STATEMENT OF WORK

1.01 INTRODUCTION AND SMART CONTACT INFORMATION

1.02 TERM OF THE CONTRACT

1.03 SCOPE OF WORK/TECHNICAL SPECIFICATIONS AND OBJECTIVE

2.00 SOLICITATION PROCEDURES

2.01 SOLICITATION SCHEDULE

2.02 PRE-PROPOSAL CONFERENCE

2.03 OFFEROR COMMUNICATIONS

2.04 ADDENDA TO THE RFP

2.05 PROPOSAL CONTENT REQUIREMENTS AND PROPOSAL SUBMISSION

2.06 MODIFICATION OR WITHDRAWAL OF PROPOSALS

2.07 PROPOSAL EVALUATION, NEGOTIATION, AND SELECTION

2.08 QUALIFICATION REQUIREMENTS

2.09 EVALUATION CRITERIA

2.10 DETERMINATION OF THE COMPETITIVE RANGE

2.11 BEST AND FINAL OFFERS (BAFO)

2.12 NOTICE OF INTENT TO AWARD, AND CONTRACT AWARD

2.13 PROTESTS

2.14 EFFECT OF TERMINATION OR SUSPENSION OF CONTRACTOR ON OTHER CONTRACTOR AND BIDDERS

3.00 REQUIRED FORMS AND SUBMISSIONS

3.01 PRICING SCHEDULE

3.02 ACKNOWLEDGEMENT OF ADDENDA

3.03 OFFER AND AWARD

3.04 REQUEST FOR CLARIFICATION

3.05 PROPOSAL DEVIATION

3.06 COMPLIANCE WITH LAWS AND REGULATIONS

3.07 EEO / AFFIRMATIVE ACTION COMPLIANCE

3.08 DEBARMENT AND SUSPENSION CERTIFICATION

3.09 RESERVED

3.10 LOBBYING CERTIFICATION

3.11 CONFLICT OF INTEREST CERTIFICATION

3.12 OFFEROR AND SUBCONTRACTOR CERTIFICATIONS

3.13 RESERVED

3.14 DRUG AND ALCOHOL TESTING PROGRAM

4.00 GENERAL CONTRACTUAL PROVISIONS

4.01 CONTRACT, CONTRACT DOCUMENTS, AND CONFLICTS

4.02 AMENDMENTS

4.03 CHANGE ORDERS

4.04 RFP AND PROPOSAL OMISSIONS

4.05 GOVERNING LAW AND PARTIES; VENUE AND DISPUTES

4.06 NONDISCRIMINATION

4.07 PRICE ADJUSTMENT FOR REGULATORY CHANGES

4.08 PAYMENT AND RETAINAGE

4.09 CANCELLATION OF PROCUREMENT

4.10 INDEMNIFICATION

4.11 RECORDS

4.12 TERMINATION OR SUSPENSION FOR CONVENIENCE

4.13 TERMINATION OR SUSPENSION FOR DEFAULT

ii

4.14 SMART’S RIGHT TO DO WORK

4.15 CONFIDENTIALITY OF PROPOSALS

4.16 SUCCESSION, ASSIGNMENT, AND SUBCONTRACTING

4.17 SURVIVABILITY AND SEVERABILITY

4.18 WAIVER

4.19 INCORPORATION OF RFP DOCUMENT

4.20 WARRANTY

4.21 ELECTRONIC SIGNATURE

5.00 REQUIRED SUBMISSIONS FOR SELECTED VENDOR(S) AFTER NOTICE OF INTENT TO

AWARD

6.00 ADDITIONAL CONTRACTUAL PROVISIONS

6.01 FLY AMERICA REQUIREMENTS

6.02 BUY AMERICA REQUIREMENTS

6.03 RESERVED

6.04 CARGO PREFERENCE REQUIREMENTS

6.05 RESERVED

6.06 ENERGY CONSERVATION REQUIREMENTS

6.07 CLEAN WATER REQUIREMENTS

6.08 RESERVED

6.09 RESERVED

6.10 LOBBYING

6.11 ACCESS TO RECORDS AND REPORTS

6.12 FEDERAL CHANGES

6.13 RESERVED

6.14 CLEAN AIR

6.15 RECYCLED PRODUCTS

6.16 RESERVED

6.17 RESERVED

6.18 RESERVED

6.19 NO GOVERNMENT OBLIGATION TO THIRD PARTIES

6.20 PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS & RELATED ACTS

6.21 RESERVED

6.22 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION

6.23 PRIVACY ACT

6.24 CIVIL RIGHTS REQUIREMENTS

6.25 RESERVED

6.26 PATENT AND RIGHTS IN DATA

6.27 TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS

6.28 DISADVANTAGED BUSINESS ENTERPRISE (DBE)

6.29 NOTIFICATION OF DISPUTES AFFECTING FEDERAL GOVERNMENT INTERESTS

6.30 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS

6.31 DRUG AND ALCOHOL TESTING

6.32 EQUAL EMPLOYMENT OPPORTUNITY

6.33 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

6.34 PREFERENCE FOR UNITED STATES MATERIALS

6.35 HUMAN TRAFFICKING STATEMENT

6.36 SAFE OPERATION OF MOTOR VEHICLES

1.00 INTRODUCTION AND STATEMENT OF WORK

1.01 Introduction and SMART Contact Information

This Request for Proposals (RFP) is being solicited by the Suburban Mobility Authority for Regional Transportation (SMART), a public transportation authority in southeast Michigan that serves more than 10 million passengers annually.

This project is utilizing Federal funds. A necessary part of the required documentation would be compliance to all the mandated Federal Clauses and Certifications. Please return all required Federal Clauses and Certifications with quotation to SMART for compliance determination before an award can be made.

1.02 Term of the Contract

SMART is interested in awarding a three (3) year contract with two (2) additional one (1) year options.

SMART shall have the full authority, at its sole and unilateral discretion, to exercise any options.

1.03 Scope of Work/Technical Specifications and Objective

The Suburban Mobility Authority for Regional Transportation (SMART) is seeking a qualified vendor to provide a scheduling software solution for agencies within the SMART service area. These agencies will include SMART directly operated service and those provided by Community Partners.

The objective of this project is to grow and improve Paratransit and Demand Response operations by integrating shared technology. By implementing a unified passenger database and scheduling algorithm, all agencies expect better efficiency and an increase in capacity across the region.

Streamlining the software and implementing a passenger application will allow riders to manage trips across different providers through one platform, reducing long standing confusion of all the various services available.

Request For Proposals (RFP) Title:

Paratransit and Demand Response Regional Scheduling Software

RFP Control Number: 26-4205 Date Advertised: June 18, 2025 Date Issued: June 13, 2025 Due Date: July 23, 2025 Time: 3:00 PM Eastern Time Location: See Section 2.05: Instructions for Electronic

Submission Purchasing Agent: Caleb Barrett E-mail Address: cbarrett@smartbus.org Telephone Number: 313-223-2144 VP of Procurement: Sean Riopelle Project Manager: Daniel Whitehouse mailto:cbarrett@smartbus.org

Please see Attachment A – Specifications and Attachment B – Compliance Matrix

2.00 SOLICITATION PROCEDURES

2.01 Solicitation Schedule

Pre-Proposal Conference (if applicable) (Section 2.02): N/A Requests for Clarification, Communications and Equal Performance Deadline (Section 2.03): 3:00 PM, ET July 2, 2025

Proposal Due Date and Time (Section 1.01): 3:00 PM, ET July 23, 2025

2.02 Pre-Proposal Conference

A Pre-Proposal Conference (including a site visit if applicable) will be held on the above date and time at . The project will be discussed at the meeting; however, no statements should be viewed as modifications to the RFP unless issued as addenda. Attendance is encouraged, but is not mandatory.

A Pre-Proposal Conference will not be held.

2.03 Offeror Communications (Requests for Clarification, Communications and Equal Performance Deadline) During the solicitation process, all forms of contact and correspondence in regard to any aspect of this solicitation shall only be with the Purchasing Agent identified in Section 1.01. Further, this Offer must be made based upon an independent price determination, and Offeror shall not have communications with others for the purpose of restricting competition. Any alleged breach of this Section may, at SMART’s sole discretion, result in the rejection of the breaching Offeror’s proposal and reporting of such conduct to any applicable governing authorities.

Whenever brand, manufacturer, or product names are used, they are included for the purpose of establishing a description of the item. This inclusion is not advocating or prescribing the use of a particular brand, item, or product. Whenever such names appear, requests for approved equal substitutions will be considered. Offeror's request for approved equals shall include all aspects of product which would document the products salient features.

At any time before the Requests for Clarification, Communications and Equal Performance Deadline (See Section 2.01), the Offeror may request a clarification, interpretation, or further explanation of any portion of this RFP. All such requests should be done on Request for Clarification form(s), as provided in Section 3.04. Offerors may also request approval of an item that deviates from the specifications stated in the Scope of Work. All such Requests and SMART’s responses will be issued as addenda and made available to all prospective bidders. Approval, denial, and any other response to requests are in the sole discretion of SMART.

2.04 Addenda to the RFP

SMART reserves the right to amend the RFP at any time prior to the Proposal Due Date. Any such amendments will be issued as addenda to the RFP, and will become part of the RFP. Addenda will be posted exclusively on the MITN website, www.mitn.info. All Offerors shall acknowledge the receipt of all addenda in their proposal. Failure to do so may result in the rejection of an Offeror’s proposal, at SMART’s sole discretion.

SOLICITATION PROCEDURES

2.05 Proposal Content Requirements And Proposal Submission

Offerors must precisely follow all of the instructions of the RFP. All proposals must include the entire RFP document, as the combination of the RFP and the Offeror’s response form the Contract.

Failure to conform to all content and packaging requirements may result, at SMART’s sole discretion, in rejection of an Offeror’s proposal. Proposals shall be submitted in two separately sealed packages, marked “TECHNICAL PROPOSAL” and “PRICING PROPOSAL”. Electronic submission only. Email attachments shall contain RFP all pages and required documents. The company financials shall be sent as a separate email. The required contents of each attachment are described below sent in one email.

TECHNICAL PROPOSAL

The Technical Proposal must include all information necessary for SMART to evaluate both the Offeror, and the Offeror’s proposal. It must include the entire RFP document and all issues of responsibility and responsiveness, as set out in Section 2.08, “Qualification Requirements”, and Section 2.09, “Evaluation Criteria”. Additionally, all required (non-pricing) forms, and any Deviation forms related to the Technical Proposal, shall be included and properly completed.

PRICING PROPOSAL

The Pricing Proposal shall include all information necessary for SMART to evaluate the Offeror’s proposed pricing, including any necessary supporting data. All required (pricing-related) forms including forms 3.01, 3.02 and 3.03, and any Deviations related to the Pricing Proposal, shall be included and properly completed.

INSTRUCTIONS FOR ELECTRONIC SUBMISSION:

1. Email to: bids@smartbus.org

2. Subject Line: SMART RFP No. 26-4205 Response – COMPANY NAME

3. Please number all pages of your document.

4. If your submission requires more than one email, please include behind your company name “Email 1 of 2” or “Email 2 of 2,” whatever applies.

5. Please note, all requirements and due date requirements will remain in place. Your electronic submission must arrive in the purchasing agent’s email no later than the due date and time.

If any issues should arise when submitting your bid, contact the purchasing agent via email at cbarrett@smartbus.org at least 2 hours prior to the cut off time. If you do not receive receipt acknowledgement of your submission, please contact the purchase agent.

2.06 Modification or Withdrawal of Proposals

A modification of a proposal already received will be accepted by SMART only if the modification is received prior to the proposal Due Date, is requested by SMART, or is made in response to a request for revised proposals. All modifications shall be made in writing and executed and submitted in the same form and manner as the original proposals.

An offeror may withdraw a proposal prior to the proposal Due Date by submitting to SMART a written request for withdrawal executed by the offeror’s authorized representative. The withdrawal mailto:MRoaf@smartbus.org mailto:cbarrett@smartbus.org of a proposal does not prejudice the right of an offeror to submit another proposal within the time set for receipt of proposals.

2.07 Proposal Evaluation, Negotiation, and Selection

Proposals will be evaluated, negotiated, and selected using the criterion and processes explained herein. In addition to disqualifying proposers and/or proposals based upon this process, SMART may, in its sole discretion, reject any or all proposals or Offerors for any reason. Additionally, offerors are hereby on notice that the lowest dollar cost bidder may not always be awarded a contract. Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a bid may result in its rejection, at SMART’s sole discretion.

SMART also reserves the right to waive any defects or irregularities in any proposal, or to request that an Offeror provide any missing information and make corrections.

2.08 Qualification Requirements

Bids are first evaluated, as a threshold requirement to conduct business with SMART, to determine the responsibility of Offerors. If it is found that an offeror does not meet these requirements, that offeror is deemed non-responsible and their Bid will be excluded from consideration for Bid award. This determination is made in the sole discretion of SMART. Responsibility requirements are as follows:

A. Sufficient financial strength and resources and capability to finance the work to be performed and complete the contract in a satisfactory manner as measured by one of the following:

1. Offeror's financial statements prepared in accordance with United States Generally Accepted Accounting Principles (GAAP) and audited or reviewed by an independent certified public accountant authorized to practice in the jurisdiction of either SMART or the offeror. If offeror does not have audited or reviewed financial statements, offeror may provide complete copies of the prior two year’s signed federal tax returns.

2. Ability to secure required bond(s), if required under the bonding requirements described herein.

3. Willingness of any parent company to provide the required financial guaranty evidenced by a letter of commitment signed by an officer of the parent company having the authority to execute the parent company guaranty as evidenced by a Corporate Resolution of the Parent Company. Such letter of commitment must be accompanied by the parent company’s financial statements prepared in accordance with United States Generally Accepted Accounting Principles (GAAP) and audited or reviewed by an independent certified public accountant.

It should be noted that this information is requested for internal evaluation purposes only, and like any other information which forms part of a proposer's submission, it will be held in strict confidence. However, once a proposer is selected, some or all the information submitted may be subject to the Freedom of Information Act, unless it qualifies as an exemption. If you would like anything kept confidential, please mark the materials as such.

Those materials will be returned to any proposers not selected. The materials of the selected vendor must be kept on file with SMART as part of the contract, however, in the event of a FOIA request, SMART will promptly notify the vendor and allow it the opportunity to seek judicial relief.

B. Evidence that the human and physical resources of the Offeror are sufficient to perform the Contract as specified and assure delivery of all equipment and/ or services within the time specified in the Contract. Examples of ways to demonstrate this are as follows:

1. Evidence of sufficient personnel staffing levels with sufficient skills, training, expertise, to complete the Contract as required and satisfy any circumstances that may arise during the Contract;

2. Evidence of sufficient equipment to complete the Contract as required and satisfy any circumstances that may arise during the Contract.

C. Evidence of satisfactory performance and integrity on past and current contracts.

Examples of ways to demonstrate this are as follows:

1. References from past and current clients;

2. Awards and accolades based upon similar past and current projects;

3. Prior contractual successes with SMART.

D. Compliance with all Equal Employment Opportunity laws and regulations. This may only be evidenced by proper completion of Form 3.07, “EEO / Affirmative Action Compliance”.

E. Federal Disadvantaged Business Enterprise requirements. This may only be evidenced by proper completion of Form 3.12, “Disadvantaged Business Enterprises”.

2.09 Evaluation Criteria

If a proposal has been determined to meet all Qualification Requirements and is not otherwise rejected, it is then evaluated based upon pricing and Evaluation Criteria for determining the competitive range or selection of a proposal for potential award.

Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a proposal that did not result in rejection will be evaluated in this Section according to what evaluation criteria they affect.

Evaluation Criteria Factors Considered

Capability of the Proposed System to Meet SMART

Needs

30 Points

• Compliance with functional specifications;

• System life cycle, usability, expandability, and maintainability, measured in part by amount of use of standard, non-proprietary interfaces;

• Proposed project management plan and project schedule;

• Overall quality of the proposed training program; and

• Minimization of risk by use of the most current, proven and available state-of-the- art technologies.

Experience and Installation

Base of the Proposer

20 Points

• Breadth and depth of project experience with and past performance on similar projects;

• Overall installation and deployment experience; and

• Results of customer references related to similar projects.

Qualifications of Personnel Assigned to the Project

• Project management team;

• Personal experience; and

• Availability of key personnel.

Price

• Comparative to similar systems/proposals for each element in the Price Proposal Form; and

• Unit prices comparable to similar unit prices in the industry.

Approach to Potential Future

Technology Integration

10 Points

• Creativity/innovation associated with approach

• Experience conducting technology integration

2.10 Determination of the Competitive Range

If proposal evaluation as explained in Section 2.08 and Section 2.09 does not provide sufficient information for SMART to select a proposal for potential award, SMART may, at its sole discretion, establish a competitive range of proposals for further discussion with SMART.

Proposals Not Within the Competitive Range

Proposals that have been determined to be outside of the competitive range, and unable to be made within the competitive range at SMART’s discretion, will be excluded from further evaluation and will not be considered for award.

Proposals within the Competitive Range

The Offerors who are found by SMART to be within the competitive range, or whose proposals may be made to be within the competitive range (at SMART’s discretion), will be notified in writing.

SMART will then undertake to further evaluate the remaining Offerors through interviews, requests for clarifications, site visits, or any other analysis determined by SMART to be probative of the Offeror’s ability to perform the Contract.

Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a proposal may be negotiated at this time. Failure to come to a resolution acceptable to SMART may result in the rejection of that proposal from further consideration, at SMART’s sole discretion.

No information, financial or otherwise, will be provided to any Offeror about any of the proposals from other Offerors within the competitive range during this process, and Offerors will not be told of their rankings in relation to other Offerors.

2.11 Best and Final Offers (BAFO)

After further evaluation of the competitive range has been completed, each Offeror in the competitive range may be afforded, at SMART’s sole discretion, the opportunity to amend its proposal and make its BAFO. SMART may also use the BAFO process, in the issuance of a Request for Revised Proposals, to clarify, modify, delete, or add work or terms to any portion of the RFP.

Any modifications to the initial proposal made by an Offeror shall be clearly identified in its BAFO.

SMART will make any appropriate adjustments to the initial evaluation scores for any criteria which have been affected by modified or supplemental information supplied in the BAFO.

2.12 Notice of Intent to Award, and Contract Award

Once SMART has determined the Offeror to which it intends to award the Contract, a Notice of Intent to Award letter will be sent to that Offeror requesting all Required Submissions, which are listed in Article 5.00. Failure to submit satisfactory documents within ten (10) business days may result, at SMART’s sole discretion, in the contract being awarded to an alternative offeror. These documents must be accepted prior to initiation of work under the Contract. The Notice of Intent to Award does not bind SMART, and is not an acceptance of the Offer.

The acceptance of an Offer for award, if made, shall be evidenced only by a fully executed Offer and Award Form, Form 3.03, delivered in person, by mail, or electronically to the Offeror whose Offer is accepted. No other act by SMART shall evidence acceptance of an Offer. Such notice shall obligate said Offeror to commence performance under the Contract.

2.13 Protests

Interested parties, as defined by FTA Circular 4220.1F, that believe they have been aggrieved by a solicitation or the award of any resulting contract may file a written notice of protest with the General Manager of SMART. This must be via certified mail, with a copy served upon SMART’s General Counsel in the same manner. The General Manager or their designee shall review and determine the merits of any such protest. The General Manager may, at their sole discretion, schedule a hearing on the protest and/or receive evidence or legal argument from any interested party, but shall not be bound by the rules of evidence nor formal procedure. The General Manager shall issue their conclusion to the protesting party in writing via certified mail, and shall also advise the SMART Board of Directors.

Protests addressing the adequacy of the solicitation process, and all solicitation documents, must be received by the General Manager no later than five (5) business days before the Proposal Due Date (See Section 1.01). Notice of protest of the award of a solicitation must be received by the General Manager no more than five (5) business days after the SMART Board of Directors has authorized the General Manager to award a contract(s) for that solicitation. Failure to adhere to these time limitations will result in the protested issue(s) being waived by all parties.

All determinations made by the General Manager are final. All protests shall be made in accordance with any and all applicable laws, regulations and ordinances.

2.14 Effect of Termination or Suspension of Contractor on Other Contractor and Bidders In the event the primary vendor is suspended or terminated, SMART reserves the right in its sole discretion to make the secondary vendor the primary vendor or to contract with a different contractor that either previously bid in response to this solicitation or through other contracting procedures consistent with SMART’s contracting policy to be the primary vendor. SMART has the sole discretion to follow these same procurement procedures if the secondary vendor is terminated or suspended and SMART chooses to replace the secondary vendor.

REQUIRED FORMS

3.00 REQUIRED FORMS AND SUBMISSIONS

Forms 3.01-3.14 must be completed and included in the Offeror’s Response to the Proposal, even though some may not seem to apply to this solicitation. Failure to complete any of these forms may result, at SMART’s sole discretion, in the rejection of that proposal. Forms 3.01, 3.02, and

3.03 shall be submitted with the Price Proposal. The remaining forms shall be submitted with the Technical Proposal.

Article 5.00, Required Submissions for Selected Vendor after Notice of Intent to Award, details all submissions the successful Offeror must produce before being awarded the Contract. When SMART has chosen an Offeror to which it intends to award the Contract, a Notice of Intent to Award letter, see Section 2.12, will be sent to the recommended vendor and will require all submissions prior to the award of the Contract.

3.01 Pricing Schedule

The Offeror hereby offers to furnish to SMART all goods and/or services at the prices as proposed below, pursuant to all requirements, terms, and conditions as stated in the RFP and response.

Alternative pricing schemes may be proposed provided that they are in addition to a base proposal, and shall be included with the Pricing Proposal.

Rates provided must be inclusive of all costs and fees, including but not limited to those fees imposed by Federal, state, and local governments. No additional fees will be accepted.

Pricing shall be valid for 120 days after RFP due date. Pricing shall be firm fixed for the entire contract.

Please see Attachment C – SMART PSDS Price Proposal Form

NAME OF OFFEROR: __________________________________

3.02 Acknowledgement of Addenda

Addenda are published on the Michigan Intergovernmental Trade Network website, www.mitn.info. Failure to acknowledge all addenda may result in rejection of any such proposal, at SMART’s sole discretion.

The Offeror acknowledges receipt of the following addenda. If the RFP 26-4205 did not have any addenda, please submit this form filled out as “NOT APPLICABLE”.

Addendum Number __________________, Dated _______________

Addendum Number __________________, Dated _______________

Addendum Number __________________, Dated _______________

Addendum Number __________________, Dated _______________

Name of Offeror: ____________________________

Signature Of Authorized Signer: _______________ __________

Name And Title of Offeror’s Authorized Official: ________________________________________ http://www.mitn.info/

3.03 Offer and Award

By executing below, the Offeror hereby offers to furnish equipment and services as proposed, pursuant to all requirements, terms, and conditions as stated in the RFP and response, and incorporated in SMART’s Request for Proposal No. 26-4205. Offeror stipulates that all terms of the Contract are negotiated, and that the consideration for this Contract is real and not merely a recital. This Contract is valid and enforceable with electronic, facsimile, and mechanically reproduced signatures, and if separately countersigned. This Offer shall remain open and valid until the award of this Contract, or until the withdrawal of this solicitation, whichever is greater.

Offer: Company Name: _________________________

Street Address: _________________________

City, State, Zip: _________________________

Legal Entity (Check One): ☐Individual / Sole Proprietor ☐C Corporation ☐S Corporation ☐Partnership ☐Trust / Estate ☐Limited Liability Company

State of Incorporation: _________________________

Tax ID Number: _________________________

Name of Authorized Official: _________________________

Signature of Offeror’s Authorized Official: _________________________

Name and Title of Offeror’s Authorized Official: _________________________

Date: _________________________

By executing below, SMART accepts the Offer as indicated above.

Award:

Name and Title of SMART Official

Signature Date

3.04 Request for Clarification (Requests for Clarification, Communications and Equal Performance)

This form must be used to request clarifications, changes, substitutions, explanations, or approval of items equal to items with specified brand names. This form must be submitted by the Requests for Clarification, Communications and Equal Performance Deadline, noted in Section 2.01. Each request must be submitted on a separate form. Multiple questions on the same form will not be answered. Attach additional pages if necessary. If Offeror has no Requests for Clarification, Communications, or Equal Performance, please submit this form filled out as “NOT APPLICABLE”.

RFP Control Number:26-4205 Request Number: ____________

Clarification Regarding RFP Section: _____________

Clarification/Communications/Equal Performance Request:

Reason/Rationale for Request:

NAME OF OFFEROR: ____________________________

SMART Response:

3.05 Proposal Deviation

This form must be completed for each condition, exception, reservation, understanding, additional or contradictory terms, etc. (i.e. deviation) in Offeror’s proposal. Any and all deviations and rationale must be explicitly stated so that they may be properly evaluated. Deviations which SMART finds ambiguous, unfavorable, or unacceptable may result in lowered proposal evaluation scoring, or may result in the rejection of the proposal, at SMART’s sole discretion. Copies of this form must be submitted for each deviation. Attach additional pages if necessary. If Offeror has no Proposal Deviations, please submit this form filled out as “NOT APPLICABLE”.

RFP Control Number:26-4205 Deviation Number: __________

Deviation Regarding RFP Section: _________________

Deviation:

Reason for deviation:

3.06 Compliance with Laws and Regulations

By signing below, Offeror certifies compliance with all applicable Federal, state, county, and local laws, regulations, ordinances, and codes in the performance of the Contract.

Additionally, Offeror certifies compliance with all FTA terms, including but not limited to FTA Circular 4220.1G, as amended, which are hereby incorporated as applicable and consistent with current laws and regulations. Offeror is responsible for the procurement of all required permits and licenses. Offeror further certifies compliance with all changes to the aforementioned laws, regulations, ordinances, codes, policies, etc., throughout the term of the Contract. Offeror additionally certifies that it is not an Iran-linked business as set forth in Michigan Public Act 517 of 2012.

Finally, Offeror shall determine whether any or all of the aforementioned requirements apply to any or all subcontractors, and certifies compliance by any affected subcontractors.

Offeror hereby certifies compliance with all laws and regulations in the performance of this Contract.

Name of Offeror: _____________________________

Signature of Offeror’s Authorized Official: _____________________________

Name and Title of Offeror’s Authorized Official: _____________________________

Date: _____________________________

3.07 EEO / Affirmative Action Compliance

SMART only conducts business with Offerors who are Equal Opportunity Employers. Offerors must complete this form regarding compliance. Offerors must comply with SMART’s nondiscrimination requirements as set forth in Section 4.06, “Nondiscrimination” and Section 6.24 “Civil Rights Requirements”.

Additionally, certain contractors that are awardees of federally-funded contracts are required to file affirmative action plans with government agencies as set forth in Executive Order 11246 and its implementing regulations, 41 C.F.R. Chapter 60. Please note that while Offeror may receive funds from, and provide transit-related employees to, other FTA direct and sub-recipients, this should not be considered when answering the questions below. To assist SMART in determining whether Offeror is required to have such a plan on file, please answer the following questions:

1. Does Offeror employ over fifty (50) transit-related employees1 at SMART? ____ Yes ____ No

2. Has Offeror completed in excess of $1,000,000 in contracts with SMART in the past year? ____ Yes ____ No

If Offeror answered “Yes” to both questions, please provide SMART with a copy of your Affirmative Action Plan and state below which government agency currently has Offeror’s Affirmative Action Plan on file:

Offeror hereby affirms compliance with all Equal Employment and applicable Affirmative Action requirements as required by law and as set forth herein.

Name of Offeror: _________________________

Should you have any questions or concerns regarding the completion of this form, or compliance provisions set forth herein, please contact:

Candice Fowler, Civil Rights and External Drug and Alcohol Compliance Manager

SMART

Buhl Building, Suite 600 535 Griswold Detroit, MI 48226 Phone: (313) 223-2167 cfowler@smartbus.org

1 Transit-related employee refers to an employee of an FTA applicant, recipient, subrecipient, or contractor who is involved in any aspect of an agency’s public transit operation funded by FTA. 49 CFR 4704.1a Sections 1.4 and 1.6.

3.08 Debarment and Suspension Certification

Certification of Primary Participation Regarding Debarment, Suspension and Other Responsibility Matters

Offeror certifies, to the best of its knowledge and belief, that it 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, her for or it 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 2 of this certification;

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

The certification in this clause is a material representation of fact relied upon by SMART. If it is later determined that the bidder or proposer provided an erroneous certification, in addition to remedies available to SMART to terminate or suspend the contract arising from this solicitation, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 48 C.F.R. Part 9 and 2 C.F.R. Part 180 and any other disclosures required in this Section while this offer is valid and throughout the period of any contract that may arise from this offer, and has the affirmative obligation to notify SMART in writing to the contracting officer and the SMART General Manager by Certified Mail, of any events or circumstances that come into existence that would necessitate a change in, or a withdraw of, the certifications set forth in this section. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

3.09 Reserved

3.10 Lobbying Certification

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 making lobbying contacts to 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 31 U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file 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 failure.

Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C.

3801 et seq., apply to this certification and disclosure, if any.

3.11 Conflict of Interest Certification

Conflict of Interest Certification

No employee, officer or member of the Board of Directors of SMART shall solicit or be a party, directly or indirectly, to any contract between him/herself and any firm of which he/she is a partner, member or employee. Kinship shall extend to all parents, children, grandparents, grandchildren, uncles, aunts, first cousins, nephews or nieces whether related by marriage or blood.

Contractor shall indicate below the names and kinship between the officers and/or principal beneficiaries of the firm bidding on this solicitation and any SMART employee, officer or board member who may exercise any discretion over the letting, evaluating, awarding or administering of this solicitation and resulting contract:

PLEASE INDICATE ANY RELATIONSHIPS BELOW. IF NONE EXIST, please submit this form filled out as “NONE EXIST”.

Name_________________________________________ Kinship________________________

3.12 Offeror and Subcontractor Certifications

Program Overview

In accordance with 49 C.F.R. Part 26, and as further set forth in Contract Section 6.28, “Disadvantaged Business Enterprise”, as the recipient of federal funds, SMART sets an overall goal annually for DBE participation in contracts financed with federal funds. For professional services, construction, and non-construction contracts awarded during the federal government fiscal year 2025, SMART has proposed an overall DBE goal of 6.1%.

For federally funded contracts, SMART intends to meet the overall DBE goal by setting specific DBE goals on a contract-by-contract basis. Contract goals will be based upon the actual required types of work and the availability of DBEs to perform the required types of work. Specific contract goals will be set so that they will cumulatively result in meeting the portion of SMART’s overall goal that it projects it will not be able to meet through race-neutral means. Therefore, a DBE goal for a particular contract may be more or less than the annual overall DBE goal.

For additional information and to locate certified DBE vendors, please see the Michigan Uniform Certification Program (MUCP): https://www.michigan.gov/mdot/business/contractors/dbe.

DBE Goal for This Contract

The Suburban Mobility Authority for Regional Transportation (SMART) has set a goal of Zero percent for participation of Disadvantaged Business Enterprises (DBEs) in this contract.

Application of DBE Goal to Contract Value

The DBE contract goal is applicable to the full contract value, including any contract change orders or amendments. A DBE goal is also applicable during the entire term of the contract, including any extension periods.

Requirements to Meet DBE Goal

A firm meets a DBE goal by having actual DBE participation equaling or exceeding the percentage of the contract amount specified in the goal established for the solicitation, or by providing backup documentation that good faith efforts have been made to meet the established goal for this contract.

If a proposal is submitted with DBE participation at a lower percentage than the goal set for the contract, then the proposal must include sufficient written documentation of the “good faith efforts” the proposer made to meet the goal.

49 C.F.R. 26.53(c) provides that SMART cannot commit to contracting with a business that has not provided “complete and accurate and [adequate documentation] of the proposer’s good faith efforts” to meet a DBE goal. “Good faith efforts” must be made before the Proposal Deadline.

Definitions of DBEs and SBEs

Disadvantaged Business Enterprises (DBE) and Small Business Enterprises (SBE) are two different types of certifications. A company that qualifies may choose to become certified as both or choose to be certified as just one type of company. Not all SBEs qualify to be a DBE, but all DBEs would qualify as an SBE if they were to seek that certification. Due to DBE certification including the criteria that a socially and economically disadvantaged individual own at least a 51% interest and also control management and daily business operations, many small businesses do not qualify for DBE certification.

Offerors can only count work completed by DBE certified firms towards any DBE participation goals set on a SMART contract. Work completed by SBEs cannot be counted towards any contracts with a DBE participation goal. The Prompt Payment clause in this contract applies to both DBE and SBE subcontracted firms. An offeror is required to pay both DBE and SBE subcontractors no later than thirty (30) days from receipt of each payment the prime contractor receives from SMART.

https://www.michigan.gov/mdot/business/contractors/dbe

Disadvantaged Business Enterprises (DBE): Are for-profit small businesses where socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations. For a business to become certified as a DBE, a small business must be owned and controlled by a socially and economically disadvantaged individual(s). In addition, it must receive DBE certification from one of the certifying agencies who are a member of the Michigan Uniform Certification Program (MUCP). Only companies certified as a DBE by an agency within the State of Michigan can be counted towards a SMART contract’s DBE participation percentage goal.

Small Business Enterprises (SBE): Are businesses that have been certified by a local and/or state government entity, that have met the Small Business Administration’s (SBA) thresholds for being a small business. A business’s qualification is determined by the company’s average gross receipts or by the number of employees.

Note: To count towards the stated DBE goal, a firm must be certified as a DBE in the Michigan Unified Certification Program (MUCP). Firms certified as only a Small Business Enterprise (SBE) cannot be counted towards DBE participation.

Certified Small Business Enterprise (SBE) Certification

Indicate if your company or any of the subcontractor(s) that will be working on this contract are a certified Small Business Enterprise (SBE).

1) Are any of the companies you are subcontracting with a certified Small Business Enterprise? ___ Yes ___ No

2) If you answered “No” to question one (1), please proceed to the following page. If you answered “Yes” to question one (1), please attach a copy of the SBE certification of your company or that of the subcontracting firm(s).

Describe the responsibilities of each SBE participant. (Attach additional sheets, if necessary). Firms which have applied for certification, but have not yet completed the certification process, will not be considered after the bid is due.

Name of Offeror/Vendor: _____________________________________________________

SBE Vendor #1: Contact:

Address: Phone #: _______

Summary of Participation:

SBE Vendor #2: Contact:

SBE Vendor #3: Contact:

Payment

As set forth in Contract Sections 6.28 “Disadvantaged Business Enterprise” and 4.08 “Payment and Retainage”, Contractor must ensure prompt payment for work completed by Disadvantaged Business Enterprises.

The prime contractor shall pay each DBE/SBE subcontractor under this contract for satisfactory performance of the subcontractor’s portion of the contract no later than thirty (30) days from receipt of each payment the prime contractor receives from SMART. The prime contractor shall return any retainage withheld to ensure satisfactory completion of the work to each subcontractor within thirty (30) days after the DBE/SBE subcontractor achieves the specified work as verified by SMART’s Project Manager. Any disputes that arise regarding the satisfactory completion of work by a DBE/SBE subcontractor shall be brought to the attention of SMART’s Project Manager, who will determine if the work is satisfactory.

Any delay of payment from the above referenced time frame may occur only for good cause following written approval from SMART’s Project Manager. The failure by the prime contractor to carry out the requirements of this section, without just cause, is a material breach of this contract, which may result in SMART withholding payment from the prime contractor until all delinquent payments have been made to the DBE/SBE subcontractor.

It is the responsibility of the Prime Contractor to provide SMART’s DBE Compliance Coordinator with copies of invoices received from offeror’s DBE/SBE subcontractor(s), along with proof of payment.

Please forward all information to:

SMART

Attn: DBE Compliance Assistant Candice Fowler 535 Griswold Street, Suite 600 Detroit, MI 48226 Email: cfowler@smartbus.org Phone no. 313-223-2167

Prompt Payment Certification

By signing below, the Offeror acknowledges and agrees to provide the Authority’s DBE Compliance Coordinator with invoices received by the DBE/SBE subcontractor upon receipt and without delay. The Offeror must additionally provide proof of payment to the DBE Compliance Coordinator no later than thirty (30) days after the prime contractor’s receipt of payment from SMART. Failure to promptly pay any DBE/SBE subcontractor(s) may affect SMART’s future payments to Offeror and may affect the Offeror’s ability to obtain contracts with SMART in the future.

Name of Offeror: ________________________________________________

Signature of Offeror’s Authorized Official: ________________________________________________

Name and Title of Offeror’s Authorized Official: ________________________________________________

Date: ________________________________________________

Disadvantaged Business Enterprises (DBE) Certification

Indicate your proposed percentage level of DBE subcontracting participation for this contract: _____%

Describe the responsibilities of each DBE participant. (Attach additional sheets, if necessary). To be counted towards the DBE goal, a firm must be certified by the date of the bid is due. Firms which have applied for certification, but have not yet completed the certification process, will not be considered after the bid is due. Note: To count towards the stated goal, a firm must be certified as a DBE in the Michigan Unified Certification Program

(MUCP).

RFP CONTROL NUMBER/ TITLE: __________________________________________

Name of Offeror/Vendor: _______________________________________________

Proposed DBE Vendor #1: Contact:

Address: Phone #: ______

Proposed % of subcontracting participation and/or proposed contract amount: _______________

Proposed DBE Vendor #2: Contact:

Proposed % of subcontracting participation and/or proposed contract amount: _______________

Offeror hereby certifies compliance with the goals and requirements of the Disadvantaged Business Enterprise section:

3.13 Reserved

3.14 Drug and Alcohol Testing Program

The services under this contract are subject to the FTA’s Safety Sensitive / Drug and Alcohol Testing Program, 49 C.F.R. Parts 653 and 654, and as set forth in Contract Section 6.31. Offerors (and their subcontractors for the Contract) are required to have a drug and alcohol testing program for these employees. Safety sensitive employees are employees that perform the following functions:

• Operating a revenue service vehicle, including when not in revenue service

• Operating a non-revenue vehicle when required to be operated by a holder of a Commercial

Driver’s License (CDL)

• Controlling dispatch or movement of a revenue service vehicle

• Maintaining (including repairs, overhaul and refurbishing) of components used in a revenue service vehicle or equipment used in revenue service

Offeror hereby affirms that it has a drug and alcohol testing program as required by law and as set forth herein.

Name of Offeror: _________________________

Should you have any questions or concerns regarding the completion of this form, or compliance provisions set forth herein, please contact:

Candice Fowler, Civil Rights and External Drug and Alcohol Compliance Manager

SMART

Buhl Building, Suite 600 535 Griswold Detroit, MI 48226

Phone: (313) 223-2167 cfowler@smartbus.org

4.00 GENERAL CONTRACTUAL PROVISIONS

This Article contains terms and conditions of the Contract.

4.01 Contract, Contract Documents, and Conflicts

The documents (including portions of the RFP), and materials incorporated therein, listed below constitute the complete contract (referred to throughout the solicitation as the “Contract”) between SMART and the Offeror.