RFP Document.pdf

Request for Proposal

South Dakota Department of Transportation

Office of Air, Rail and Transit

Statewide Coordinated Public Transit Human Services Transportation Plan and Customer Service Survey

RFP Number 9043

PROPOSALS DUE: October 11, 2023, 2:00PM Central Time

Primary Contact Information

Contact Name: Monte Meier

Telephone Number: 605-773-4169

Email: monte.meier@state.sd.us mailto:monte.meier@state.sd.us

SDDOT Coordinated Public Transit Human Services Transportation Plan and Customer Survey ii September 2023

TABLE OF CONTENTS

1 GENERAL INFORMATION

1.1 SPONSORING AGENCY

1.2 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

1.3 BUDGET AND PERIOD OF PERFORMANCE

1.4 PROPOSER ELIGIBILITY

1.5 PROPOSAL PROCESS

1.5.1 Procurement Schedule

1.5.2 Request for Proposal

1.5.3 Vendor Inquiries

1.5.4 Proposal Submission

1.5.5 Proposal Format

1.5.6 Modification or Withdrawal of Proposals

1.6 PROPOSAL EVALUATION

1.6.1 SDDOT Conflict of Interest Policy

1.6.2 Comparative Assessment

1.7 SUPPLEMENTAL INFORMATION

1.7.1 Presentation/Demonstrations

1.7.2 Discussions

1.7.3 Financial Statement

1.8 NEGOTIATIONS AND AWARD

1.8.1 Best and Final Offers

1.8.2 Rejection, Waiver, and Award

1.9 PROTEST PROCEDURES

1.10 REQUIRED CERTIFICATIONS

1.10.1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

1.10.2 Non-Discrimination Statement

1.10.3 Certification Relating to Prohibited Entity

1.10.4 Restriction of Boycott of Israel

2 STANDARD CONTRACT TERMS AND CONDITIONS

3 SCOPE OF WORK

3.1 DESCRIBE CURRENT STATE OF COORDINATION STATEWIDE

3.2 ASSESS GAPS AND NEEDS

3.3 CONDUCT OUTREACH AND PUBLIC PARTICIPATION

3.4 DEVELOP IMPLEMENTATION STRATEGY

3.5 DEVELOP COORDINATED PUBLIC TRANSIT HUMAN SERVICES TRANSPORTATION PLAN

3.6 CONDUCT CUSTOMER SURVEY

3.7 DEVELOP SURVEY RESULTS

4 PROJECT DELIVERABLES

4.1 DELIVERABLES

iii September 2023

4.2 PAYMENT FOR DELIVERABLES

5 PROPOSAL FORMAT

5.1 TECHNICAL PROPOSAL

5.1.1 Title Page

5.1.2 Table of Contents

5.1.3 Executive Summary

5.1.4 Understanding of the Project

5.1.5 Objectives

5.1.6 Work Plan

5.1.7 Deliverables

5.1.8 Schedule

5.1.9 Staffing Plan

5.1.10 SDDOT Involvement

5.1.11 Quality Management Plan

5.1.12 Corporate Qualifications

5.1.13 Relevant Project Experience

5.1.14 Federal Certifications and Clauses

5.2 COST PROPOSAL

5.2.1 Cost Summary

5.2.2 Personal Services

5.2.3 Travel

5.2.4 Other Costs

6 FEDERAL CERTIFICATION AND CLAUSES

6.1 ACCESS TO RECORDS AND REPORTS

6.2 RESTRICTIONS ON LOBBYING

6.3 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

6.4 CIVIL RIGHTS LAWS AND REGULATIONS

6.5 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

6.6 CONFORMANCE WITH ITS NATIONAL ARCHITECTURE

6.7 DEBARMENT AND SUSPENSION

6.8 DISADVANTAGED BUSINESS ENTERPRISE (DBE)

6.9 ENERGY CONSERVATION

6.10 EQUAL EMPLOYMENT OPPORTUNITY

6.11 NOTICE TO THIRD PARTY PARTICIPANTS

6.12 FLY AMERICA

6.13 FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS

6.14 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

6.15 NO GOVERNMENT OBLIGATION TO THIRD PARTIES

6.16 NOTIFICATION TO FTA

6.17 PATENT RIGHTS AND RIGHTS IN DATA

6.18 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

6.19 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT ... 30

6.20 PROMPT PAYMENT

6.21 SAFE OPERATION OF MOTOR VEHICLES

6.22 SPECIAL NOTIFICATION REQUIREMENTS FOR STATES

iv September 2023

6.23 SIMPLIFIED ACQUISITION THRESHOLD

6.24 SEVERABILITY

6.25 TERMINATION

6.26 TRAFFICKING IN PERSONS

6.27 VIOLATION AND BREACH OF CONTRACT

CERTIFICATION AND RESTRICTIONS ON LOBBYING

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

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1 GENERAL INFORMATION

1.1 SPONSORING AGENCY

The Office of Air, Rail and Transit of the South Dakota Department of Transportation (SDDOT) is the issuing office for this document and all subsequent addenda relating to it. Unless the names of specific agencies are needed for clarity, the term “State” in this RFP refers to the SDDOT, other selected State of South Dakota agencies or South Dakota state government as a whole. However, SDDOT will be the coordinating agency for all matters related to any agreement resulting from this RFP.

SDDOT provides services without regard to race, color, gender, religion, national origin, age, or disability, according to the provisions contained in South Dakota Codified Law (SDCL) 20-13, Title VI of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990 and Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 1994. Any person who has questions concerning this policy or who believes he or she has been discriminated against should contact the Department’s Civil Rights Office at (605)773- 3540.

1.2 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

SDDOT seeks vendors with the necessary experience, knowledge, and qualifications to develop a comprehensive Statewide Coordinated Public Transit Human Services Transportation Plan identifying the transportation needs of individuals with disabilities, seniors, and people with low incomes; provides strategies for meeting those local needs and prioritizes transportation services and projects for funding and implementation. The plan will be used by South Dakota Department of Transportation (SDDOT), Federal Transit Administration (FTA), transit providers, and other stakeholders—that clearly presents in a professional publication format the study findings, recommendations, implementation strategy, and evaluation methodology.

This coordinated transportation plan should be prepared through a process that is consistent with the applicable metropolitan or statewide planning process, as described below. Transit service and demographic information developed and used in the broader metropolitan and statewide processes may provide a useful starting point for the more detailed review that will take place in preparing the coordinated plan. Similarly, the extensive public participation and stakeholder consultation provisions of metropolitan and statewide planning can provide a useful context and basis for the more focused local public involvement involved in preparing the coordinated plan. It is encouraged to have coordination and consistency between the local coordinated public transit-human service transportation plan and metropolitan or statewide transportation planning processes, as described in 23 CFR part 450 and 49 CFR part 613.

The purpose of this RFP is to develop a plan to ensure South Dakota has a coordinated plan that serves as the foundation for the program of projects and should be integrated into the metropolitan and statewide transportation planning processes and documents to demonstrate local policy support and federal fund eligibility.

SDDOT is the direct recipient of Federal Transit Administration (FTA) funding and is responsible for administrating it and state allocated funds. Federal transit law requires that projects selected for funding under Section 5310 program be “included in a locally developed, coordinated public transit-human services transportation plan” and that the plan be “developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers and other members of the public.” FTA Section 5310 Circular https://www.ecfr.gov/current/title-23/chapter-I/subchapter-E/part-450 https://www.ecfr.gov/current/title-23/chapter-I/subchapter-E/part-450 https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/C9070_1G_FINAL_circular_4-20-15%281%29.pdf

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This study will guide SDDOT Transit staff in their continuing effort to improve the state’s coordination efforts and will provide thorough service and policy analysis for interested stakeholders, including service providers and the public. The Scope of Work Section describes these planned goals and objective in detail.

In addition, SDDOT seeks to award a contract to provide customer research services related to South Dakota public transit current and potential customer perception by telephone surveys and focus groups, with optional services to include online surveys, intercepts, and human centered design (human experience study). The survey aimed to objectively assess SDDOT’s performance to identify opportunities to improve programs and services for South Dakota residents.

SDDOT is issuing this RFP to solicit Proposals from qualified firms and individuals who can satisfy the requirements included in this RFP within below stated budget and period of performance.

1.3 BUDGET AND PERIOD OF PERFORMANCE

Maximum Budget: $229,400

Duration: Coordinated Public Transit Human Services Transportation Plan 4 months

Customer Survey 8 months

Anticipated Start Date: November 15, 2023

1.4 PROPOSER ELIGIBILITY

SDDOT solicits proposals from colleges, universities, research institutes, foundations, consultants, federal, state, and local agencies, and others with demonstrated capability and experience in the subject area.

No proposal will be accepted from, and no contract will be awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

The proposer must be registered with the South Dakota Secretary of State to conduct business within the State of South Dakota prior to execution of a contract.

Important: All vendors submitting proposals must have a Unique Entity Identifier (UEI) and be registered on SAM.gov. Failure to provide a UEI or failure to register in SAM.gov will disqualify you from consideration. Please allow up to 3 weeks for SAM.gov processing. You must be registered in SAM.gov and have an UEI before the award date to be eligible for award.

Registering on SAM.gov is FREE. For information on registering for SAM.gov please click here:

https://sam.gov/content/home

1.5 Proposal Process

1.5.1 Procurement Schedule

This procurement will follow the schedule defined in the following table.

Activity End Date & Time RFP Section

RFP Publication 09/06/2023 1.5.2 Deadline for submission of written inquiries 09/20/2023 .5.3 SDDOT responses to vendor questions 09/27/2023

Proposal submission to SDDOT

10/11/2023, 2:00PM

Central Time 1.5.4

Evaluation of proposals to determine short list (if required) 10/17/2023 1.6 https://sam.gov/content/home

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Demonstrations, presentation, discussions (if required) 10/27/2023 1.7 Contract award 11/15/2023 1.8

1.5.2 Request for Proposal

This document constitutes the complete RFP for this project. The RFP reference number 9043 must be referred to on all proposals, correspondence, and documentation relating to this RFP.

1.5.3 Vendor Inquiries

Vendors and their agents (including subcontractors, employees, consultants, or anyone acting on their behalf) may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Procurement Schedule.

Questions must be sent to monte.meier@state.sd.us by e-mail with the subject line “RFP Number 9043.

Vendors and their agents may not otherwise contact SDDOT regarding this RFP during the solicitation and evaluation process. Inappropriate contact is grounds for suspension or exclusion from this procurement.

The SDDOT will respond to Vendors’ inquiries (if required) by email. All inquiries and the State’s response will be posted on the state’s procurement system and SDDOT website.

Vendors will be notified on the state’s procurement system and SDDOT website regarding any modifications to this RFP. Vendors may not rely on any other statements, either written or verbal, that alter any specification, term, or condition of this RFP.

1.5.4 Proposal Submission

All proposals must be received by the SDDOT by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

Proposals must be signed in ink by an officer of the Vendor legally authorized to bind the Vendor to the proposal. Proposals that are not properly signed may be rejected.

The Vendor must submit an original hard copy and flash drive of the proposal. Vendors may not send the electronic copy of the proposal via email.

The cost proposal must be in a separate sealed envelope labeled “Cost Proposal” and marked with the RFP number and title. The words “Sealed Proposal Enclosed” must be prominently displayed on the outside of the shipping container.

Proposals should be labeled in capital letters as follows:

REQUEST FOR PROPOSAL #: 9043

PROPOSAL DUE: October 11, 2023, 2:00PM Central Time

BUYER: JACK DOKKEN

PROGRAM MANAGER

SD DEPARTMENT OF TRANSPORTATION

OFFICE OF AIR, RAIL AND TRANSIT

700 E. BROADWAY AVENUE

PIERRE, SD 57501

1.5.5 Proposal Format

The proposal must adhere to the format prescribed in Proposal Format Section of this RFP.

mailto:monte.meier@state.sd.us

Page 5 of 38 September 2023

1.5.6 Modification or Withdrawal of Proposals

Proposals may be modified or withdrawn by the Vendor prior to the submission deadline. No oral, telephonic, or facsimile responses or modifications to informal, formal bids, or RFPs will be considered.

1.6 PROPOSAL EVALUATION

Proposals will be evaluated by staff of the SDDOT Office of Air, Rail, and Transit and a technical panel knowledgeable of the subject.

1.6.1 SDDOT Conflict of Interest Policy

The State of South Dakota’s conflict of interest policy prohibits any employee, officer, or agent of the State of South Dakota or approved third party applicant from participating in the selection, award, or administration of a procurement supported by federal funds, if, to his or her knowledge, any of the following has a financial or other interest in suppliers considered for award:

• the employee, officer, or agent

• any member of his or her immediate family

• his or her domestic partner

• any organization that employs or is about to employ any of the above

• any organization that has a financial or other interest in the firm selected for the award.

1.6.2 Comparative Assessment

After determining that a proposal satisfies the requirements stated in the Request for Proposal, the evaluators will use subjective judgment to conduct a comparative assessment of the proposal by considering:

• requirements of the RFP

• commitment and ability to accomplish the work within prescribed time and budget.

• experience and reliability of the vendor’s organization

• qualifications of the personnel proposed to perform the work, whether from the proposer organization or from a subcontractor

• specialized expertise, capability, and technical competence to meet the project requirements as demonstrated by the proposed approach and methodology.

• resources available to perform the work, including any specialized services, within the specified time limits for the project.

• record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration.

• availability to the project locale

• familiarity with the project locale

• proposed project management techniques.

• ability and proven history in handling special project constraints

It is the vendor's sole responsibility to submit information related to the evaluation categories. The State of South Dakota is under no obligation to solicit such information if it is not included with the proposal.

The vendor's failure to submit such information may adversely affect the evaluation of the proposal.

1.7 SUPPLEMENTAL INFORMATION

The State may require or invite additional information after proposals are submitted.

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1.7.1 Presentation/Demonstrations

The State may require a presentation or demonstration by a Vendor to clarify a proposal. However, the State may award a contract based on the initial proposals received without a presentation or demonstration. If presentations or demonstrations are required, they will be made at the Vendor’s expense.

1.7.2 Discussions

The State may invite the vendor to have engage in discussions after the proposals have been submitted.

Discussions will be made at the vendor’s expense.

1.7.3 Financial Statement

The State may require the vendor to submit a copy of its most recent audited financial statements.

1.8 NEGOTIATIONS AND AWARD

This procurement is a Request for Proposal/Competitive Negotiation process. Each proposal will be evaluated, and each Vendor will be available for negotiation discussions and meetings at SDDOT’s request.

SDDOT reserves the right to negotiate any component of any proposal submitted. From the time the proposals are submitted until formal award of a contract, all proposals and negotiation discussions will be considered confidential.

SDDOT and the highest ranked proposer will mutually discuss and refine the scope of work and negotiate terms, including compensation and performance schedule. If the agency and the highest ranked proposer are unable to negotiate a contract at a fair and reasonable compensation level, SDDOT will, either orally or in writing, terminate negotiations with the proposer. The agency may then negotiate with the next highest ranked proposer. The negotiation process may continue through successive proposers, according to proposal ranking, until an agreement is reached, or the contracting process terminates.

1.8.1 Best and Final Offers

The State reserves the right to request best and final offers. The State will initiate the request for best and final offers; they may not be initiated by a vendor. Best and final offers may not be necessary if the State is satisfied with the proposals received.

If best and final offers are sought, the State will select the vendors to be notified and ask them to submit their best and final offers. Requests will identify specific areas to be covered and the response deadline.

Conditions, terms, or price of the proposal may be altered, provided the changes are within the scope of this Request for Proposal and the instructions contained in the request for best and final offer. If a Vendor does not submit a best and final offer or a notice of withdrawal, the Vendor’s previous proposal will be considered its best and final proposal. After best and final offers are received, final evaluations will be conducted.

1.8.2 Rejection, Waiver, and Award

The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

1.9 PROTEST PROCEDURES

Section 200.318(k) of Title 2, Code of Federal Regulations, and the common grant rules assign responsibility to the grant Recipient (SDDOT), in accordance with good administrative practice and sound business judgment, for resolving all contractual and administrative issues arising out of their third-party procurements, including, but not limited to, source evaluation, protests, disputes, and claims. FTA will not https://www.law.cornell.edu/cfr/text/2/200.317

Page 7 of 38 September 2023 substitute its judgment for that of the Recipient unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction.

The Recipient must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this section, for the acquisition of property or services required under a Federal award or subaward.

In conformance with FTA Circular 4220.1F, the Recipient will in all instances disclose information regarding any protests to FTA and expeditiously notifying FTA of any protests when applicable. FTA C 4220.1F Ch.

VII, (1)(a)(2)(a). All protest decisions must be in writing. FTA C 4220.1F Ch. VII, (1)(a)(1).

Any “Interested Party,” as defined in FTA Circular 4220.F, who is aggrieved in connection with the solicitation or award of a contract associated with the FTA grant may protest to the Secretary of the South Dakota Department of Transportation at 700 East Broadway Avenue, Pierre, South Dakota 57501, or Joel.Jundt@state.sd.us. The protest must be submitted in writing within ten (10) business days after such aggrieved interested party knows, or should have known, of the facts giving rise thereto. Protests received after the ten-business-day period will not be considered. The written protest will include at a minimum, the following:

• the name and address of the protestor

• appropriate identification of the procurement by bid, RFP, or award number

• a statement of the reasons for the protest

• any available exhibits, evidence or documents substantiating the protest.

SDDOT will respond, in detail, to each substantive issue raised in the protest by the protestor. The Secretary of the SDDOT has the authority to make a final determination on the protest. The Secretary’s determination will be final. A request for reconsideration of the decision regarding the protest may be allowed by the Secretary of the SDDOT if information becomes available that was not previously known, or there has been an error of law or regulation. FTA will only entertain a protest that alleges SDDOT failed to follow SDDOT’S protest procedures, and the protest must be filed in accordance with FTA’S Third-Party Contracting Guidance Circular (FTA C 4220.1F).

1.10 REQUIRED CERTIFICATIONS

By signing and submitting its proposal, the proposer certifies its compliance with the following administrative requirements of the State of South Dakota.

1.10.1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

By signing and submitting its proposal, the Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any Federal department or agency from transactions involving the use of Federal funds.

If the Vendor is unable to certify any of the statements in this certification, the Vendor will attach an explanation to its proposal.

1.10.2 Non-Discrimination Statement

The State requires all contractors, vendors, and suppliers doing business with the State to provide a statement of non-discrimination. By signing and submitting its proposal, the Vendor certifies that it does not discriminate in its employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin, or disability.

https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Third%20Party%20Contracting%20Guidance%20%28Circular%204220.1F%29.pdf https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Third%20Party%20Contracting%20Guidance%20%28Circular%204220.1F%29.pdf https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Third%20Party%20Contracting%20Guidance%20%28Circular%204220.1F%29.pdf mailto:Joel.Jundt@state.sd.us

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1.10.3 Certification Relating to Prohibited Entity

By submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Executive Order 2023-02. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.10.4 Restriction of Boycott of Israel

By submitting a response to this solicitation or agreeing to contract with the State, contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, agree that the following information is correct:

The bidder or vendor, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not reused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or vendor on this project and terminate any contract awarded based on the bid or response. The successful bidder or vendor further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

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2 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions listed below, along with any additional terms and conditions negotiated by the parties.

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement will start on date determined by both parties and will be automatically renewed annually, unless terminated sooner pursuant to the terms hereof.

2.3 The Contractor will not use State equipment, supplies or facilities. The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT will be determined after contract negotiation. The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL chapter 5-26.

2.5 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents, and employees, harmless from and against any and all actions, suits, damages, liability, or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents, or employees.

2.6 The Contractor, at all times during the term of this Agreement, will obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor will maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1 million for each occurrence. If such insurance contains a general aggregate limit, it will apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1 million.

C. Business Automobile Liability Insurance:

The Contractor will maintain business automobile liability insurance or equivalent form with a limit of not less than $1 million for each accident. Such insurance will include coverage for owned, hired, and non-owned vehicles.

D. Workers’ Compensation Insurance:

The Contractor will procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

Before beginning work under this Agreement, Contractor will furnish the State with properly executed Certificates of Insurance which will clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and

Page 10 of 38 September 2023 provide a new certificate of insurance showing continuous coverage in the amounts required.

Contractor will furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. Contractor will report any such event to the State immediately upon discovery.

Contractor’s obligation under this section will only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor’s obligation to report will not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section will not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is affected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor’s default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor will be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing will be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement will be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this Agreement will be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state, and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

2.14 The Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state, and local laws, regulations, ordinances, Page 11 of 38 September 2023 guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement will belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.16 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency.

Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension, or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.17 Any notice or other communication required under this Agreement will be in writing and sent to the address set forth above. Notices will be given by and to South Dakota Department of Transportation Office of Air, Rail, and Transit on behalf of the State, and by Authorized Designee, on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties will be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination will be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.18 In the event that any court of competent jurisdiction will hold any provision of this Agreement unenforceable or invalid, such holding will not invalidate or render unenforceable any other provision hereof.

2.19 All other prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

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3 SCOPE OF WORK

The scope of work consists of a series of thirty-three tasks serving four main objectives. The FTA Section 5310 Circular must be adhered to in the development of the Statewide Coordinated Public Transit Human Services Transportation Plan.

3.1 DESCRIBE CURRENT STATE OF COORDINATION STATEWIDE

1. Meet with the project’s technical oversight panel to review project scope and refine the work plan at the beginning of the project.

2. Conduct an assessment to identify the transportation needs of individuals with disabilities, seniors, and people with low incomes; provides strategies for meeting those local needs and prioritizes transportation services and projects for funding and implementation.

3. Assess the available services, identify current transportation providers (public, private, and nonprofit).

In addition, inventory of existing means of personal mobility. (Agency vehicles, other transportation vehicles in service area.)

4. Assess the perceptions of passengers, intercity bus service providers, human service organizations, local government agencies, and other stakeholders regarding the availability, quality, price, financial viability, and users’ awareness of transportation services.

5. Review laws and policies that support, inhibit, or otherwise affect coordination service in South Dakota.

6. Submit a technical memorandum summarizing the results of Tasks 1-5 in narrative, tabular, and mapped format.

3.2 ASSESS GAPS AND NEEDS

7. Strategies, activities, and/or projects to address the identified gaps between current services and needs, as well as opportunities to improve efficiencies in service delivery.

8. Priorities for implementation based on resources (from multiple program sources), time, and feasibility for implementing specific strategies and/or activities identified.

9. Identify measurable results, as defined in the FTA 5310 circular.

10. Identify trip generators. Cannot be charter or contracts with school transportation.

11. Identify potential funding sources. Identify contracts for services, amounts, and time period to provide coordinated service.

12. Identify and evaluate the severity of current and emerging needs in coordinated services, service providers, fleets, facilities, workforce, and funding based the current state of coordination services, demographic analysis of future passenger demand and needs, and industry characteristics and trends.

13. Submit a technical memorandum summarizing the results of Task 7 -12 in narrative, tabular, and mapped format.

3.3 CONDUCT OUTREACH AND PUBLIC PARTICIPATION

14. A planning process in which stakeholders provide their opinions but have no assurance that those opinions will be considered in the outcome does not meet the requirement of “participation.” Explicit consideration and response should be provided to public input received during the development of the coordinated plan. Stakeholders should have reasonable opportunities to be actively involved in the decision-making process at key decision points, including, but not limited to, development and approval of the proposed coordinated plan document.

15. The following are possible strategies to facilitate appropriate inclusion:

a. Adequate Outreach to Allow for Participation

b. Participation in the Planning Process

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i. Transportation partners

ii. Passengers and advocates

iii. Human service partners

iv. Other

c. Levels of Participation

d. Adoption of a Plan

16. Submit a technical memorandum summarizing the results of Tasks 14-15 in narrative, tabular, and mapped format.

3.4 DEVELOP IMPLEMENTATION STRATEGY

17. In collaboration with staff of the SDDOT Office of Air, Rail, and Transit, develop a vision and 5-year goals for improving the coordination for public transit human services transportation in South Dakota.

18. Recommend a methodology to monitor identified measurable results, as defined in the FTA 5310 circular.

19. Develop a phased implementation strategy, consistent with FTA coordination public transit human services transportation requirements, that defines a sustainable level of coordination service in South Dakota; identifies priorities for implementation based on resources (from multiple program sources), time, and feasibility for implementing specific strategies and/or activities identified to enhance coordination.

20. Provide recommendations of needed capital and operational investments; proposes viable business and financing models; and recommends appropriate public agency policies, strategies, and practices over the next five years to address enhanced coordination statewide.

21. Recommend a detailed evaluation methodology, consistent with methods used to assess current gaps and needs, by which SDDOT can regularly reassess gaps and needs in coordination statewide or on a local level and gauge progress of the implementation strategy.

22. Submit a technical memorandum summarizing the results of Tasks 17-21 in narrative, tabular, and mapped format.

3.5 DEVELOP COORDINATED PUBLIC TRANSIT HUMAN SERVICES TRANSPORTATION

PLAN

23. Develop a Coordinated Public Transit Human Services Transportation Plan for use by SDDOT, FTA, intercity bus services users and providers, and other stakeholders that clearly presents in a professional publication format the study findings, recommendations, implementation strategy, and evaluation methodology.

24. There are different methods to develop the plan; regardless of the method chosen, seniors, individuals with disabilities; representatives of public, private, and nonprofit transportation, and human service providers; and other members of the public must be involved in the development and approval of the coordination plan. Potential acceptable strategies:

a. Community planning session

b. Self-assessment tool

c. Focus groups

d. Survey

e. Detailed study and analysis

25. Certify the coordination plan was developed and approved through a process that included FTA Section 5310 Circular required participation representation and participation was used.

a. The plan must include the assessment of the gaps and needs.

b. Include the means of data compilation.

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c. Describe the outreach and public participation and results.

d. Provide recommendations to enhance statewide coordination.

26. Submit a technical memorandum summarizing the results of Tasks 23-25 in narrative, tabular, and mapped format.

27. Present the Coordinated Public Transit Human Services Transportation plan to the technical panel for approval. In addition, make presentation to the Transportation Commission for approval.

3.6 CONDUCT CUSTOMER SURVEY

28. The proposer will coordinate a meeting with the technical panel to draft the customer service questions that will be used in the survey. The survey will be approved by the technical panel prior to conducting.

29. Work with SDDOT and subrecipients to administer the surveys to current or potential customers across the state. In addition, use other means to reach the public in gathering survey information to meet the defined quota and meaningful data. The survey methodology must ensure statewide representation. Proposer will provide the materials and script for conducting the surveys.

30. The results of the survey should have a 95% level of confidence with a precision of at least +/- 3%.

31. Submit a technical memorandum summarizing the results of Tasks 28-30 in narrative, tabular, and mapped format.

3.7 DEVELOP SURVEY RESULTS

32. Provide survey conclusion based on survey results in report format including a summary, overall satisfaction, graphic data, and opportunities to improve. Identify opportunities for improvement and recommendations for action.

33. Present the Survey report to the technical panel for approval. In addition, make presentation of the approved survey report to the Transportation Commission.

4 PROJECT DELIVERABLES

4.1 DELIVERABLES

The Contractor will provide the following deliverables in electronic format, using Microsoft® Word (.docx), PowerPoint (.pptx), or Excel (.xlsx), and Adobe® Portable Document Format (.pdf) for text products and ESRI-compatible file formats for discrete map products.

Deliverable Task Description

1 6 Submit a technical memorandum summarizing the results of Tasks 1-5 in narrative, tabular, and mapped format. (Current State of Coordination Statewide)

2 13 Submit a technical memorandum summarizing the results of Tasks 7-12 narrative, tabular, and mapped format. (Assess Gaps and Needs)

3 16 Submit a technical memorandum summarizing the results of Tasks 14-15 narrative, tabular, and mapped format. (Conduct Outreach and Public Participation)

4 22 Submit a technical memorandum summarizing the results of Tasks 17-21 narrative, tabular, and mapped format. (Develop Implementation Strategy)

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5 26 and

Technical memorandum summarizing the results of Tasks 23-25 narrative, tabular, and mapped format. (Develop Coordinated Public Transit Human Service Transportation Plan).

Develop Coordinated Public Transit Human Services Transportation Plan— for use by SDDOT, FTA, intercity bus services users and providers, and other stakeholders—that clearly presents in a professional publication format the study findings, recommendations, and implementation strategy.

Presentation slide decks and meeting notes for meetings with the project’s technical panel and Transportation Commission.

6 31 Submit a technical memorandum summarizing the results of Tasks 28-30 narrative, tabular, and mapped format. (Conduct Customer Survey)

7 32 Survey Results for use by SDDOT.

9 33 Presentation slide decks and meeting notes for meetings with the project’s technical panel and Transportation Commission.

4.2 PAYMENT FOR DELIVERABLES

Payment will be made upon SDDOT’s acceptance of key project deliverables. For this study, percentages of total project cost will be paid upon satisfactory completion of the following tasks:

Deliverable Percent of Total Cost 1 15% 2 15% 3 15% 4 20% 5 10% 7 25%

Total 100%

5 PROPOSAL FORMAT

The proposal will consist of two parts—the Technical Proposal and the separate Cost Proposal.

5.1 TECHNICAL PROPOSAL

The Technical Proposal should be prepared simply to concisely demonstrate the Vendor’s ability to satisfy the requirements of the RFP. It must be arranged in order of the sections listed below. Elaborate brochures, sales literature, and other material unnecessary to an effective proposal are not desired.

5.1.1 Title Page

The title page should identify:

• Project title (Statewide Coordinated Public Transit Human Services Transportation Plan and Customer Service Survey

• RFP Number 9043

• Submission date

• Name and title of submitter

• Authorized signature

• Company logo (if applicable)

• Company name

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• Address

• City, State, and Zip code

• Telephone number

• e-mail address

By signing the title page, the proposer certifies compliance with the administrative requirements of the State of South Dakota (see section 1.10).

5.1.2 Table of Contents

The Technical Proposal must include a table of contents referencing page numbers of sections and subsections. All pages must be numbered.

5.1.3 Executive Summary

The one- or two-page Executive Summary should briefly summarize the Vendor’s proposal. It must identify any requirements that cannot be met by the Vendor. A reader should be able to ascertain the essence of the proposal by reading the executive summary.

Proprietary information requests must be stated in the Executive Summary. The proposal of the successful Vendor becomes public information, but proprietary information such as client lists, and nonpublic financial statements can be protected under limited circumstances. The executive summary must contain specific justification explaining why the information is to be protected.

Vendors must clearly identify in the executive summary and the body of the proposal specific proprietary information they request to be protected. An entire proposal may not be marked as proprietary.

5.1.4 Understanding of the Project

To demonstrate comprehension of the project, the Vendor should describe their understanding of the purpose and scope of the project, critical success factors, potential problems, and concepts for the deliverables. The Vendor should not simply repeat the wording of the RFP, but rather communicate their own insights regarding the nature and significance of the problem. This section should not exceed two pages.

5.1.5 Objectives

The Objectives section should cite, in order, each of the study’s objectives listed in Section 0 of the Request for Proposal and describe how each will be accomplished. Deviations from the objectives listed in the RFP must be explained and justified.

5.1.6 Work Plan

The Work Plan should cite, in order, each task listed in Section 0 of the Request for Proposal and describe in appropriate detail how each will be performed and contribute to accomplishing the study’s objectives.

Deviations from the tasks listed in the RFP must be explained and justified.

The work plan should describe the work and explain how the Vendor will accomplish it. It should describe the technical basis for the work, methodologies to be employed, and technical challenges and means to overcome them. The plan should be complete, providing the greatest level of detail the Vendor’s understanding of the problem permits.

5.1.7 Deliverables

The Deliverables section should describe the content and format each product the Vendor will create during the course of the work. At a minimum, the section must include all the major deliverables required in Section 0. It may include other documents such as meeting notes, progress reports, and working papers.

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5.1.8 Schedule

The Schedule section should include when each task of the project will be performed. Planned to begin and ending dates, in terms of elapsed time from project inception, should be listed. The information should be presented in a form that can be converted to actual dates after the project is started. The schedule should allow at least twenty (20) working days for SDDOT to review technical memoranda and draft reports.

5.1.9 Staffing Plan

The Staffing Plan should include narrative that accurately…