RFP_Digital_E-Paper_Realtime_Info_Signs.docx

OLYMPIA, WASHINGTON

REQUEST FOR PROPOSALS

PROJECT #2339

DIGITAL E-PAPER REAL-TIME INFORMATION SIGNS

REQUEST FOR PROPOSALS (RFP) RELEASE DATE:

November 11, 2024

PRE-PROPOSAL MEETING:

CLARIFICATIONS & APPROVED EQUALS DEADLINE:

PROPOSAL DUE DATE AND TIME:

CONTACT PERSON:

Tammy Ferris Procurement Coordinator tferris@intercitytransit.com

RFP Project #2339 – Digital E-Paper Real-Time Information Signs Page 4 of 18

LEGAL ADVERTISEMENT

REQUEST FOR PROPOSALS (RFP)

DIGITAL E-PAPER REAL-TIME INFORMATION SIGNS

INTERCITY TRANSIT

PROJECT #2339

Intercity Transit (Transit), the public transportation provider in Thurston County, Washington, is seeking Proposals from qualified Vendors interested in providing new digital e-paper real-time information signs.

Solicitation documents for this opportunity are available online through Washington’s Electronic Business Solution (WEBS) located at https://fortress.wa.gov/ga/webs/. Vendors are responsible to register in WEBS and download the RFP #2339 solicitation documents in order to receive automatic e-mail notification of any future Addenda.

An optional virtual Pre-Proposal Meeting will be held on December 2, 2024 @ 1:00 p.m. (PT) via Microsoft Teams.

Proposals are due no later than January 6, 2025 @ 1:00 p.m. (PT).

Project funding may include local, state, or federal funds. The resulting Contract is subject to all provisions prescribed by the funding source.

Please contact Tammy Ferris, Procurement Coordinator, by email at tferris@intercitytransit.com with any questions regarding this solicitation.

Transit is committed to maximum utilization of minority, women and disadvantaged businesses, and small businesses. All businesses are encouraged to apply. Transit in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Vendors that it will affirmatively ensure that in any Contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award.

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CONTRACT REQUIREMENTS

TABLE OF CONTENTS

SECTION 1 – GENERAL INFORMATION

PURPOSE

Intercity Transit (Transit), the public transportation provider in Thurston County, Washington, is conducting this Request for Proposals (RFP) to establish a Contract for the supply and programming of new digital e-paper real-time information signs (RTIS) at its transit centers, park-and-rides, high-capacity bus stops, and local bus stops on an as-needed basis. The new RTIS will improve Transit’s customer accessibility to transit information and streamline communication from Transit to its customers. This project will utilize a single vendor to provide digital RTIS for Transit’s facilities.

BACKGROUND AND PROJECT OVERVIEW

Transit is the leader, major advocate, and primary source of public transportation in Thurston County. As such, Transit is charged to balance several important functions: providing primary transportation for people without an alternative, including those with a physical or mental disability; offering high-quality alternative transportation for people with options; providing a stimulant to economic growth; serving as a partner in building livable communities; and, being a ready resource able to respond to community emergencies. In order to better serve the community and fulfill its mission, Transit has determined a need to establish a Contract to supply and program new digital e-paper RTIS at its transit centers, park-and-rides, high-capacity bus stops, and local bus stops.

As part of the ongoing initiative to enhance public transit services, this project aims to implement digital RTIS system across several key locations within Transit’s service area (the Olympia Transit Center, Lacey Transit Center, Martin Way Park-and-Ride, Centennial Amtrak Station, and the bus stop at Martin Way E near Pattison St, SE). Transit intends to purchase digital RTIS for the Olympia Transit Center for the initial procurement. This Contract provides for the flexibility to procure additional digital RTIS for other facilities as funding allows.

Transit’s primary goals of this project are to:

· Improve Customers’ Accessibility to Real-Time Information: Ensure all installations meet ADA requirements and are easy to read for all users.

· Streamline Communication from Transit to Transit’s Customers: Integrate with established data feeds for real-time updates and minimize manual content management by Transit staff.

· Provide Different Types of Real-Time Information: Deliver tailored information at bus bays, bus stops, and transit centers to address the contextual needs of the built environment and the prospective ridership of the different transit facilties.

· Select Secure and Maintainable Equipment: Choose RTIS equipment that is durable, resistant to vandalism, and requires minimal maintenance.

The RTIS system for Transit bus routes will utilize real-time data from Transit’s computer aided dispatch/automatic vehicle location (CAD/AVL) system provided by Avail Technologies, which has an enterprise transit management software, myAvail, that generates proprietary application programming interface (API) for real-time data. The myAvail system also publishes the Transit bus real-time information into a General Transit Feed Specification – Real Time (GTFS-RT) data feed.

Transit has transit centers and park-and-ride facilities within its network that have bus stops served by other regional transit agencies and bus service providers including Mason Transit, Grays Harbor Transit, Lewis County Transit, FlixBus, and Greyhound, which use different data formats and APIs. This includes:

· Mason Transit and Grays Harbor Transit: Utilizes a UniteGPS CAD/AVL system, which has its own API for publishing real-time information.

· Lewis Transit: Does not have a CAD/AVL system but does publish scheduled route information in a GTFS format.

· FlixBus and Greyhound: Have their own proprietary vehicle location systems and publish real-time bus information in their own API format.

The digital signs must be capable of interfacing with the GTFS-RT, GTFS, and custom APIs of Transit and regional transit agencies to display real-time information (or scheduled arrival for external agencies that do not have real-time data).

All RTIS equipment must be rated for outdoor use and capable of operating within the temperature and humidity ranges typical of Thurston County, Washington. Refer to Section 4, Scope of Work for temperature and humidity ranges.

Continuity of Contract Explained:

Transit is a governmental municipal corporation with practices bound by law, rule, or policy. As of 9/23/2024, Transit procurement thresholds are: A) $10,000 or below does not require competition; B) $10,000 to $250,000 requires informal competition in the form of soliciting three quotes and making a best value and reasoned selection; or C) Beyond $250,000 a formal competition (competitive process) must be utilized.

Transit views this project as an enterprise system and infrastructure that will serve the public for many years. Transit also seeks to mitigate risk by maintaining a long-term relationship with the awarded Vendor and continuity and interoperability with the established brand and/or manufacturer. This award is not just for the equipment, software, firmware, etc., it is also for the award of an ongoing long-term relationship and service. See also Section 1.6, Contract Term below.

In this instance Transit is forming a competitively awarded long-term contractual relationship with the Vendor stemming from a fair, transparent, and fully open competition.

Implementing new technological systems is an enormous task because security protocols and business rules must be developed, training aids must be created, and staff must be trained. Further, should the relationship with the solution provider end or become unavailable, or the solution become unavailable, data migration in a usable form is a significant and risky undertaking because of the sizable time investment and protracted disruption to workflow, extraction error and corruption, and whether the data can easily be uploaded into a successor system.

To mitigate these risks, Transit intends to continue and maintain a long-term and ongoing relationship with the Vendor until one or both parties no longer desire the relationship. Therefore, having started this relationship through a fair, transparent, and openly competitive process, and understanding the risks stated above and future unknowns, Transit reserves the right and is not limited to: negotiate with the awarded Vendor, or its successors, or its authorized distributors, for enhancements, updates, upgrades, features, new or additional modules, equipment, leveraging existing or verging technology, additional licenses or subscriptions, firmware, software, add-on applications, warranties, on or off-site hosting, expanded customer support, merging other Transit/Vendor contractual relationships into this relationship, etc.

Additional:

Contracts or Purchase Orders will be issued by Transit. Contract amendments or change orders issued by Transit may reflect modifications of contract terms, funding or other matters.

Transit reserves the right to purchase the goods or services described herein from other sources. The Vendor does not have the exclusive rights to fill all of Transit’s requirements for the goods or services awarded nor will Transit be obligated to purchase the estimated or any quantity contained in the Contract.

SCOPE OF WORK

The Awarded Vendor will be responsible for providing new digital e-paper RTIS, including all necessary components, as further described in Section 4, Scope of Work. The Scope of Work includes, and is not limited to, the risk mitigation strategies and long-term relationship explained in the Background and Project Overview section.

FUNDING

Funding for any work under the Awarded Contract may include local, state, or federal funds. Any work under the Awarded Contract will be subject to all provisions prescribed by the funding source for third-party Contracts by that financial assistance agreement, including the Federal provisions in the Contract conditions contained in this document.

AWARD

Transit intends to award a Contract to the responsive, responsible Vendor whose Proposal meets all RFP requirements and is determined to be the most advantageous to Transit.

Transit does not represent or guarantee any minimum purchase. This Solicitation does not obligate Transit to contract for the goods and/or services specified herein. Transit reserves the right to add, remove, or otherwise modify requirements to meet the operational and strategic objectives of the agency.

CONTRACT TERM

For federal funds purposes: The initial term of the Contract resulting from this RFP will be for five (5) years from the date of execution, subject to the termination clauses contained herein. The Contract may be extended for one (1) additional five (5)-year term, or portions thereof. Thereafter, if the relationship continues, federal funds may only be used if allowed by then current federal rules.

However, if the relationship continues beyond the periods stated above: For non-federal funds application, the Contract, subject to bilateral negotiation the contract may continue until either the Vendor or Transit seeks to end the relationship by written notice to the other party. If a party chooses to end the relationship, then the relationship will terminate at the end of the then existing subscription period or if no subscription period then when existing contract obligations are complete and paid under the terms of the Contract.

PROCUREMENT COORDINATOR

All questions and communication concerning this Solicitation must be directed to the Procurement Coordinator listed below. All oral communication will be considered unofficial and non-binding. Vendors are to rely only on written statements issued by the Procurement Coordinator.

PROCUREMENT SCHEDULE

The activities and dates listed below represent the anticipated procurement schedule. Transit reserves the right to change the schedule. Transit will post any changes to the schedule on Washington’s Electronic Business Solution (WEBS) at https://fortress.wa.gov/ga/webs/.

VIRTUAL PRE-PROPOSAL MEETING

Transit will host an optional virtual Pre-Proposal Meeting at the time and date identified below. While attendance is not mandatory, Vendors are encouraged to attend. This meeting will provide prospective Vendors an opportunity to seek clarification and raise concerns related to the Solicitation. Each prospective Vendor is obligated to raise pertinent issues during this meeting. If interpretations, specifications, or other Solicitation concerns warrant a change or clarification as a result of the meeting, the Procurement Coordinator will do so by issuing an Addenda posted on WEBS.

· To join via computer or mobile app use the following link: Click here to join the meeting

· Or use meeting ID: 220 537 841 282 Passcode: GXgzi5

· To call in (audio only) please use the following:

Phone Number: (844) 730-0140,,811484495# Phone Conference ID: 811 484 495#

SOLICITATION DOCUMENT AVAILABILITY

Solicitation documents may be accessed online through WEBS. Vendors are responsible to register in WEBS and download the Solicitation Documents. Contact WEBS customer service at (360) 902-7400 or WEBSCustomerService@des.wa.gov, if you require assistance with the WEBS registration process or need help accessing the Solicitation Documents.

Transit will post Addenda or any schedule changes on WEBS. Vendors are responsible to check for updates and obtain any Addenda related to this Solicitation. Failure to do so may result in the submission of a Proposal that is inconsistent with the most current information and may result in disqualification.

EXAMINATION OF DOCUMENTS

Vendor must thoroughly examine all Solicitation Documents, including but not limited to, the RFP, Solicitation Standards and Project Terms and Conditions, Sample Contract, Proposal Submittal Document, any other material referenced or incorporated herein, and any Addenda. Submission of a Proposal constitutes acknowledgment that the Vendor has thoroughly examined all Solicitation Documents.

Vendor’s failure or neglect to receive or examine any of the Solicitation Documents, statutes, ordinances, regulations and permits will in no way relieve the Vendor from any obligations with respect to the Proposal or any resulting Contract.

Transit will reject claims for additional compensation based upon a lack of knowledge or misunderstanding of any of the Solicitation Documents, statutes, ordinances, regulations, permit requirements, or other materials referenced or incorporated in this RFP.

QUESTIONS AND CLARIFICATION REQUESTS

Vendor questions and/or requests for clarification regarding this RFP will be allowed consistent with the respective dates specified in the Procurement Schedule. All Vendor questions and/or requests for clarification must be submitted in writing via email to the Procurement Coordinator. It is at Transit’s sole discretion to accept or reject any request for changes.

Transit will provide an official written response to Vendor questions received by the respective deadlines. Vendors must not rely on any oral statements or conversations, whether at the Pre-Proposal Meeting or otherwise, with Transit representatives for questions or clarifications regarding this RFP. Verbal responses to questions and/or clarifications will be considered unofficial and non-binding. Only written responses posted to WEBS in the form of an Addendum will be considered official and binding. All such Addenda will become part of the Solicitation and any awarded Contract.

If no requests for clarification are received, Transit will determine that the Vendor intends to comply with the Solicitation Documents as written in their entirety.

APPROVED EQUALS REQUESTS

Vendor requests for approved equals or deviation from the scope of work and technical specifications are due no later than the date and time identified in the Procurement Schedule. All such requests must be submitted in writing via email to the Procurement Coordinator. It is at Transit’s sole discretion to accept or reject these requests.

Each request must provide adequate technical information to allow Transit to make an informed decision. Equal products may be considered provided they meet the same form, fit, function and quality of the original product(s) specified. The Vendor shall submit, within the date and time identified in the Procurement Schedule, the brand, model, part number, technical specifications and any other documentation that can substantiate that the ‘Equal Products’ are acceptable.

Transit reserves the right to deny requests which lack sufficient information. Transit will review all timely requests for approved equals or deviations and issue solicitation Addenda as necessary to document approval or denial.

If no requests for approved equals or deviation are received, Transit will conclude that the Vendor intends to fully comply with all scope of work and specifications as written.

SOLICITATION STANDARDS AND PROJECT TERMS AND CONDITIONS

The Solicitation Standards and Project Terms and Conditions are included in Section 2.

The Solicitation Standards and Project Terms and Conditions contain important information for Vendors applicable to this Solicitation. The terms and conditions provided in the Solicitation Standards and Project Terms and Conditions Section 2 apply directly to, and are incorporated by reference, into this Solicitation and the Contract resulting from this Solicitation. As such, Vendors do not need to attach this information with their Proposal. It is the Vendor’s responsibility to read and fully understand the details of all items contained herein prior to Proposal submittal.

CONTRACT TERMS

A Sample Contract has been included in Appendix A. Transit expects the final Contract signed by the successful Vendor to be substantially the same as the Sample Contract. Vendor’s submission of a Response to this Solicitation constitutes general acceptance of these Contract requirements. The terms of the Sample Contract are non-negotiable and Proposals should be submitted on the terms as written. Failure to accept the terms as written may result in the rejection of the proposal response and/or the award.

INCORPORATION OF DOCUMENTS INTO CONTRACT

A Proposal submitted in response to this Solicitation is an offer to contract with Transit. This Solicitation document, all incorporated documents, any subsequent Addenda, and the successful Vendor’s Response will be incorporated by reference into the resulting Contract.

RFB Project 1229 – Transit Guide Printing Page 20 of 19

SECTION 2 – SOLICITATION STANDARDS AND PROJECT TERMS AND CONDITIONS

Solicitation Standards:

This section contains important information for Vendors applicable to the Contract Documents administered by Transit. This information applies directly and is incorporated by reference into the solicitation and contracts resulting from this solicitation. It is the responsibility of the Vendor to read and fully understand the details of all items contained herein prior to submitting their proposal.

DEFINITIONS

This section contains definitions of terms commonly used in Solicitations conducted by Transit.

AMENDMENTS AND ADDENDA

Transit reserves the right to amend this Solicitation at any time before the Proposal due date and time. Amendments may be for any reason deemed necessary by Transit including, without limitation, changes in quantity, quality, delivery requirements, due date, procedures, baseline technical requirements, statement of work requirements, or selection criteria.

All Addenda will be posted on Washington’s Electronic Business Solution (WEBS). It is the Vendor’s sole responsibility to check periodically for addenda related to this Solicitation.

If there is any conflict between Addenda, or between an Addendum and the original Solicitation document, whichever document was issued last in time shall be controlling.

COLLUSION

If Transit determines that collusion has occurred among Vendors, none of the Proposals of the participants in the collusion will be considered. Transit’s determination shall be final.

If it is discovered post-award that the successful Vendor/Proposer, as Vendor, colluded with any other party or parties in presenting a proposal or proposals, then the Contract shall be null and void and Vendor and its sureties shall be liable to Transit for all loss or damage which Transit may suffer thereby. Transit may solicit for a new Contract for Work called for in this Contract and the terminated Vendor shall be fully responsible for all costs to Transit for readvertising the project, including any increase in the Contract Amount, and all costs, expenses, or other damages arising out of termination of the Contract. A terminated Vendor is prohibited from submitting a proposal for any resolicited work and may be debarred by Transit in participating in any future contracting opportunities.

SUSTAINABILITY COMMITMENT

Our Environmental and Sustainability Policy directs all employees including those working our behalf of Transit to be in compliance with all environmental laws and regulations, policy communication, pollution prevention, and incorporation of sustainability practices in all operations.

Transit is committed to implementing core processes which set the basis for environmental, social, and economic sustainability. Transit administers these practices on an ongoing basis with a commitment to continual improvement. Should the resulting Contract impact Transit’s sustainability commitments, Vendors may be required to provide relevant information about the goods or services being procured.

ENV. POLLUTION PREVENTION & NATURAL RESOURCES PRESERVATION

The Successful Vendor will comply with applicable portions of the following statutes, ordinances and regulations and such other regulatory measures dealing with the prevention of environmental pollution and the preservation of public natural resources as may be subsequently identified by Transit or other public agencies as applicable to the work.

A. Federal. Natural Environmental Policy Act of 1969, 42 USC 4321 et seq.; Executive Order 11514; Clean Water Act, 33 USC 1251 et seq.

B. State. Water Pollution Control Act, Chapter 90.48 RCW; State Environmental Policy Act of 1971, Chapter 43.21C RCW and WAC Chapter 1997-10; Noise Control Act of 1974, Chapter 70.107 RCW; Washington Clean Air Act, Chapter 70.94 RCW and WAC Chapter 1; Shoreline Management Act of 1971, Chapter 90.58 RCW.

C. Regional. Any applicable Air Pollution Control District regulations.

D. Thurston County. Any applicable County ordinances and regulations.

E. Local. Any applicable City ordinances and regulations.

INSURANCE

The Successful Vendor is required to obtain insurance to protect Transit should there be any claims, suits, actions, costs, or damages or expenses arising from any negligent or intentional act or omission of the Vendor or its Subcontractor(s), or their agents, while performing work under the terms of any Contract resulting from this Solicitation. Vendors will find a complete description of the specific insurance requirements in the Sample Contract.

MINORITY, WOMEN, DISADVANTAGED AND SMALL BUSINESS ENTERPRISES

Transit is committed to maximum utilization of minority, women, and disadvantaged businesses enterprises (DBE), and small businesses enterprises (SBE). All businesses are encouraged to respond.

Interested firms are reminded to provide all potential business partners an equal, non-discriminatory opportunity to compete for business as joint venture partners or subcontractors. Transit is interested in firms that demonstrate a commitment to equal employment opportunity and encourages firms to employ a workforce that reflects the region's diversity and to adhere to non-discrimination.

NO COSTS OR CHARGES

Costs or charges under the proposed Contract incurred before the Contract is fully executed will be the sole responsibility of the Vendor.

NO OBLIGATION TO CONTRACT

This Solicitation does not obligate Transit to contract for the service(s) or product(s) specified. Transit reserves the right to cancel or reissue this Solicitation in whole or in part, for any reason, prior to Contract award.

POLICY COMPLIANCE

Transit does not permit alcohol, drugs and weapons on Transit property. Tobacco products must only be used in designated areas. The Vendor is responsible to ensure that all employees and any Subcontractors assigned to work on Transit property are aware of and comply with these policies.

PROJECT PERSONNEL

Vendor represents that it has, or will obtain, all qualified personnel necessary to perform the services required under this Solicitation. All services required under this Solicitation shall be performed by the Vendor, its employees, agents, representatives, or authorized Subcontractors. Upon Contract award, Vendor will not change assigned project personnel or subcontractors without prior Transit approval.

CONFLICTS OF INTEREST AND NON-COMPETITIVE PRACTICES

By entering into the Contract to perform Work, the Vendor represents that it has no direct or indirect pecuniary or proprietary interest, and that it shall not require any interest that conflicts in any manner or degree with the Work required to be performed under the Contract. The Vendor shall not employ any person or agent having any conflict of interest. In the event that the Vendor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such conflict to Transit. Transit shall require that the Vendor take immediate action to eliminate the conflict up to and including termination for default.

By entering into the Contract to perform Work, the Vendor represents that no persons except as designated by Vendor shall be employed or retained to solicit or secure the Contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and no gratuities, in the form of entertainment, gifts or otherwise, were bided or given by the Vendor or any of its agents; employees or representatives, to any official, member or employee of Transit or other governmental agency with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of the Contract.

PROPOSAL CLARIFICATION

Transit will make the sole determination of clarity and completeness in the Proposals relative to any of the provisions in this Solicitation. Transit reserves the right to require clarification, additional information and materials in any form relative to any or all of the provisions or conditions of this Solicitation.

To aid in the Response evaluation process, after Response due date and time, Transit may require individual Vendors to appear at a date, time and place determined by Transit for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature and scope of contractual requirements. In no manner shall such action be construed as negotiations or an indication of Transit’s intention to award.

PROPOSAL COSTS

Vendor is solely liable for any and all costs associated with preparing, submitting or presenting a Bid in response to this Solicitation. Transit is not liable for any costs incurred by the Vendor in the process of responding to this Solicitation.

PROPOSAL DEADLINE POSTPONEMENT

Transit reserves the right to postpone the Proposal due date and time at any time prior to the set due date and time.

PROPOSAL OWNERSHIP

All Proposals and materials submitted in response to this Solicitation will become the property of Transit. Information in each Proposal will be shared with Transit employees and other persons involved in the Proposal evaluation. Transit will have the right to use ideas or adaptations of ideas that are presented in the Proposal. Selection or rejection of the offer will not affect this right.

PROPOSAL REJECTION

Transit reserves the right to reject any Proposal for any reason including, but not limited to, the following:

A. Any Proposal which is incomplete, obscure, irregular or lacking necessary detail and specificity;

B. Any Proposal which contains figures (price, percentage or others) that are not legible or subject to more than one interpretation;

C. Any Proposal from Vendor(s) who (in the sole judgment of Transit) lacks the qualifications and/or responsibility necessary to perform the work properly;

D. Any Proposal for which a Vendor fails or neglects to complete and submit any qualification information within the time specified by Transit;

E. Any Proposal submitted by a Vendor who is not registered or licensed as may be required by the laws of the state of Washington; and F. Any Proposal where the Vendor is deemed by Transit to lack the wherewithal to successfully carry out the contract terms, has suspect character, appears to have a less than favorable reputation in the community(ies), and/or has had poor performance in a previous Contract with Transit.

Transit further reserves the right to reject any or all Proposals, to waive any minor irregularities or informalities (without obligation) in any response to the Solicitation, and to accept any items or combination of items. In consideration for Transit’s review and evaluation of its Proposal, the Vendor waives and releases any claims against Transit arising from rejection of any or all Proposals.

PROPOSAL WITHDRAWAL OR MODIFICATION

A modification of a Proposal already received will be considered only if the modification is received prior to the Proposal due date and time. All modifications shall be made in writing, executed and submitted in the same form and manner as the original Proposal. Notwithstanding the above, a late modification of an otherwise successful Proposal that makes its terms more favorable to Transit may be considered at any time it is received and may be accepted.

Vendors may withdraw their Proposal by written request to the Procurement Coordinator. The withdrawal request must be received by the Procurement Coordinator prior to Proposal due date and time. Proposals may be withdrawn in person by the Vendor or an Authorized Representative, if the representative’s identity is made known and the representative signs a receipt for the Proposal before the Proposal due date and time.

No Vendor may withdraw a Proposal after the Proposal due date and time, or before the award and execution of the Contract, unless the award is delayed for a period exceeding sixty (60) Calendar Days from the Proposal due date and time. Transit reserves the right to request that Vendors grant an extension of such effective period.

Transit will not consider a claim of error in a Proposal unless written notice and supporting evidence of such claim, including cost breakdown sheets, are delivered to Transit within forty-eight (48) hours after Proposal opening. Any review by Transit of a Proposal and/or any review of such a claim of error (including supporting evidence) creates no duty or liability on Transit to discover any other error or mistake, and the sole liability for any Proposal errors rests with the Vendor.

PROPRIETARY OR CONFIDENTIAL INFORMATION

Transit will not disclose any information contained in competing Proposals or the number of Proposals received until after Contract award. Transit will keep information submitted through this process confidential to the extent allowed by state or federal law.

All information contained in the Proposals is subject to the Washington State Public Records Act, RCW Chapter 42.56, and may be subject to public inspection. It should be noted that RCW 42.56.270(1) states that the following information is exempt from disclosure: “Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.”

Vendors, who include data in their Proposals which conforms to the above limitations and that they do not want disclosed to the public for any purpose or used by Transit, except for in evaluation purposes, must indicate any pages and/or sections of the Response that Vendor desires to claim as proprietary in the Vendor Information section of the Proposal Submittal Document titled “Proprietary or Confidential Information”.

PROTEST PROCEDURES

Protests shall be filed and resolved in accordance with the following procedure:

A. Right to Protest. Any actual or prospective Vendor, including sub-contractors and suppliers showing a substantial economic interest in this project, who is aggrieved in connection with the solicitation or award of this project, may file a protest. A protest with respect to the RFP shall be submitted in writing to the Transit General Manager prior to the established Proposal due date and time unless the aggrieved person did not know the facts giving rise to such protest prior to Proposal date. The protest shall be submitted within seven (7) Calendar Days after such aggrieved person knows or should have known of the facts giving rise thereto. If the protester is not satisfied with the solution of the General Manager, a written protest may be filed with the Transit Authority. Protests filed more than seven (7) Calendar Days following the receipt of the General Manager’s written determination will not be accepted or require a response.

B. Stay of Procurements during Protests. In the event of a timely protest, the General Manager shall not proceed further with the solicitation or award of the Contract until all administrative and judicial remedies have been exhausted or until the Transit Authority makes a determination on the record that the award of a Contract without delay is necessary to protect substantial interests of Transit.

C. Entitlement of Costs. In addition to any other relief, when a protest is sustained and the protesting Vendor should have been awarded the Contract under the solicitation, but is not, then the protesting Vendor shall be entitled to the reasonable costs incurred in connection with the solicitation, including preparation costs, other than attorney’s fees.

D. Process. In order to be considered, a protest shall be in writing and shall include:

1. The name and address of the aggrieved person;

2. The project number and title under which the protest is submitted;

3. A detailed description of the specific grounds for protest and any supporting documentation; and

4. The specific ruling or relief requested.

The written protest will be addressed to:

Intercity Transit Attention: General Manager Proposal Protest 526 SE Pattison Street Olympia, WA 98501 Failure to comply with these protest procedures shall render a protest untimely or inadequate and may result in rejection by Transit.

For procurements that include federal funding, FTA may entertain a protest that alleges Transit failed to have or follow written protest procedures. Such protest must be filed with FTA not later than five (5) days after Transit renders a final decision or five (5) days after the protester knows or has reason to know that Transit failed to render a final decision. A protest to FTA must be filed in accordance with FTA Circular 4220.1F.

SINGLE PROPOSAL RECEIVED

If Transit receives a single responsive, responsible Proposal, Transit shall have the right, in its sole discretion, to extend to the Proposal acceptance period for an additional forty-five (45) Calendar Days and to conduct a price or cost analysis on such Proposal. The Vendor shall promptly provide all cost or pricing data, documentation and explanation requested by Transit to assist in such analysis. By conducting such analysis, Transit shall not be obligated to accept the single Proposal. Transit reserves the right to reject such Proposal or any portion thereof.

JOINT VENTURE

Joint venture proposals will not be accepted by Transit. Vendors shall structure their submitted proposals, so the Vendor is the Primary Vendor. Companies associated with the Primary Vendor, providing goods and/or services to Transit under this Contract, shall be as a subcontractor to the primary Contract awardee, and not to Transit.

PRICE REVISIONS

Unless otherwise authorized by Transit, prices shall remain firm for the duration of 24 months. Transit prefers governmental data and will likely give this type of data the most weight in any analysis. Request for increases must stem from actual economic discomfort or hardship that is not of the requestor’s own making.

The Vendor may request price changes and shall supply documentation satisfactory to Transit such as changes to the Producers Price Index for the commodity, the Consumer Price Index for the Seattle-Tacoma-Bremerton area, or a manufacturer’s published notification of price change(s). Reasonable price changes based on market conditions and price/cost analysis may be approved by Transit.

Transit will evaluate this information to determine if revising the pricing is considered fair and reasonable to the satisfaction of Transit. Requests for any such change shall be made in writing to the Procurement Coordinator. A written change order issued by the Transit will institute the price adjustment, provide the new prices and establish the effective date for the new prices.

The Vendor shall give Transit thirty (30) days but not less than fourteen (14) days written notice prior to the effective date of the price increase. Transit may cancel the Contract if the price increase request is not approved.

All price reductions at…