RFP No. 0000249 RFP Instructions.pdf

PDF 436 KB Posted

Attached to
Northern Branch Extension (HBLR) – Transit Oriented Development Comprehensive Corridor Plan
Solicitation number
0000249
Issued by
Essex County, New Jersey

About this file

RFP No. 0000249 Summary

This is a Request for Proposals (RFP) issued by the New Jersey Transit Corporation (NJ TRANSIT) seeking qualified professional consulting firms to develop a Transit Oriented Development (TOD) Comprehensive Corridor Plan for the Northern Branch Extension (HBLR). The project involves creating a workplan designed to engage local communities, local government, and regional and state agencies to craft a collective vision for the extended corridor and develop actionable strategies. Proposals must be submitted electronically via the Bid Express website (www.bidexpress.com) by the date and time specified in Attachment D (not provided in this document). A pre-proposal conference will be held via Microsoft Teams at the date and time specified in Attachment D. The Technical Evaluation Committee (TEC) will review and score technical proposals separately from cost proposals, with the combined scores determining the competitive range and award recommendation. The contract duration is specified in Attachment C (not provided in this document), subject to continuing satisfactory performance and availability of funds. An oral presentation may be requested, with a maximum duration of one hour per proposer, allowing thirty minutes for the proposer's presentation and thirty minutes for TEC questions and discussion.

NJ TRANSIT reserves the right to reject any or all proposals and will award the contract to the organization whose proposal offers the best value, considering both price and other factors. Scoring weights for technical and cost proposals are detailed in Attachment D. All proposers must comply with federal and state requirements including business registration certification, Equal Employment Opportunity compliance, Diane B. Allen Equal Pay Act reporting, and DBE program compliance (noting no DBE goal is assigned to this procurement per the Interim Final Rule effective October 3, 2025). Proposals will be evaluated based on technical evaluation criteria enumerated in Attachment A, with reference checks performed for proposers in the competitive range. The successful proposer must execute the contract within ten business days of receiving the Notice of Award and provide specified insurance certificates. NJ TRANSIT reserves the right to cancel the award before execution if deemed in its best interest. The project is funded with federal resources, subject to FTA oversight and requirements, and proposers must comply with all applicable Federal Transit Administration regulations and circular requirements.

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Text version

June 17, 2026

RE: RFP No. 0000249 Northern Branch Extension (HBLR) – Transit Oriented Development Comprehensive Corridor Plan

To Whom It May Concern:

The New Jersey Transit Corporation (NJ TRANSIT) is issuing this Request for Proposals (RFP) to obtain Proposals from qualified professional firms to provide services more fully set forth in these RFP documents.

NJ TRANSIT is requesting Proposals from firms with the intention of awarding a

Contract to the organization whose Proposal, conforming to the RFP, offers the best value to NJ TRANSIT, price and other factors considered. Background information, Project description, instructions for the Proposers and evaluation criteria are included in these RFP documents.

NJ TRANSIT reserves the right to reject any and all Proposal(s) in accordance with applicable law. Contract award is subject to the Consultant’s agreement to NJ TRANSIT terms and conditions set forth in this RFP and NJ TRANSIT’s standard professional services Contract.

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

Proposers must submit Technical and Cost Proposals via Bid Express www.bidexpress.com, on or before the time and date specified in Attachment D of the RFP. Details about how to submit the Technical and Cost Proposals are set forth in Section III (Proposal Requirements) of the RFP Instructions.

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

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

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

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

This Project is also subject to the Diane B. Allen Equal Pay Act (N.J.S.A 34:11-

56.13 et seq.) concerning the reporting of compensation and hours worked by employees categorized by gender, race, ethnicity, and job title.

In addition, the successful Proposer will be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1.1 et seq. regarding Equal Employment Opportunity Laws and Regulations. In accordance with Interim Final Rule, effective October 3, 2025 (90 F.R. 47969) be advised that there is no Disadvantaged Business Enterprise (DBE) goal assigned to this procurement.

In accordance with N.J.A.C. 16:72-3.10, NJ TRANSIT reserves the right to cancel the award of any Contract before execution if NJ TRANSIT deems such cancellation to be in its best interest. In no event will NJ TRANSIT have any liability for the cancellation of such award. The Proposer assumes sole risk and responsibility for expenses in connection with this RFP prior to execution of a Contract.

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

Sincerely, Jansy Jordan Purchasing Agent Procurement Department

NEW JERSEY TRANSIT CORPORATION

REQUEST FOR PROPOSALS

INSTRUCTIONS

(Federal Non-Brooks)

RFP NO. 0000249 NORTHERN BRANCH EXTENSION (HBLR) – TRANSIT

ORIENTED DEVELOPMENT COMPREHENSIVE CORRIDOR PLAN

JUNE 2026

RFP No. 0000249 Federal Non-Brooks Professional Services TOD Comprehensive Corridor Plan Rev. April 2026 Northern Branch Extension (HBLR)

REQUEST FOR PROPOSAL NO. 0000249

TABLE OF CONTENTS

I. GENERAL PROJECT INFORMATION……………………………………………..4

II. PROJECT BACKGROUND AND DESCRIPTION;

SCOPE OF SERVICES (GENERAL AND DETAILED)…………………………19

III. PROPOSAL REQUIREMENTS……………………………………………………19

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

IV. METHOD OF SELECTION………………………………………………………...25

V. NEGOTIATIONS……………………………………………………………………27

VI. APPROVAL AND AWARD………………………………………………………..27

VII. PROTEST PROCEDURE…………………………………………………………..28

Northern Branch Extension (HBLR)

REQUEST FOR PROPOSAL INSTRUCTIONS

THIS IS AN ELECTRONIC REQUEST FOR PROPOSAL.

PAPER SUBMISSIONS WILL NOT BE ACCEPTED.

This Project is being bid by use of an electronic Proposal submission process.

Information is available on the Proposal submission website: www.bidexpress.com. A free registration is required to access the Proposal documents. The Proposer shall download all documents from this website. NJ TRANSIT assumes no responsibility for errors or omissions in the downloaded documents except as specifically provided for in the Contract documents. The Proposer shall address questions or problems with downloading solicitation documents, but not the requirements of the Contract, to:

NJ TRANSIT Bid Express Administrator

E-Mail: intakeunit@njtransit.com or

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

FAX: (888)971-4191

E-Mail: bidexpress.support@infotechinc.com

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

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

http://www.bidexpress.com/

Northern Branch Extension (HBLR)

Electronic Bidding File Contract Documents and Exhibits

Request for Proposal Package includes the following:

I. General Project Information II. Project Background and Description III. Proposal Requirements IV. Method Of Selection V. Negotiations VI. Approval And Award VII. Protest Procedure

Available for download in the electronic bidding file.

Attachments A. Technical Proposal Evaluation Criteria B. Cost Proposal Format C. Project Information, Project Background and

Description, Scope of Services D. Additional Critical Information Specific to this

Project (Update based on Project needs)

Available for download in the electronic bidding file.

Exhibits

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

1. NJ TRANSIT’S Professional Services Agreement

2. Non-Collusion Certification

3. Consultant’s Certification of Eligibility

4. Mandatory Equal Employment Opportunity (EEO) Requirements

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

6. Ownership Disclosure Form

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

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

8. Source Disclosure Certification Form

9. Disclosure of Investment Activities in Iran

10. DBE IFR Cover Sheet OBD Oct 2025 Final v. 11.21.25

11. Addenda Acknowledgement Certification

12. Travel & Business Reimbursement Guidelines

13. Certification of Contracts, Grants, Loans & Cooperative Agreements (Byrd Anti-Lobbying

Certification)

14. Certification of No Tax Liability or Felony Conviction

15. Statement of Joint Venture Form

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

Northern Branch Extension (HBLR)

I. GENERAL PROJECT INFORMATION

A. REQUEST FOR PROPOSAL

New Jersey Transit Corporation (NJ TRANSIT) is issuing this Request for Proposals (RFP) to solicit professional firms for services to support the Project detailed in Attachment C.

NJ TRANSIT is requesting Proposals from firms with the intention of awarding a Contract to the organization whose Proposal, conforming to the RFP, offers the best value to NJ TRANSIT, price and other factors considered.

All Proposers are notified that NJ TRANSIT reserves the right to delete or modify any task from the Scope of Services at any time during the course of the Contract.

NJ TRANSIT also reserves the right to approve or reject any Subconsultants.

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

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

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

In addition, Proposers are advised that communications with NJ TRANSIT that in any way relate to this Project shall be conducted with or through the Contracting Officer in NJ TRANSIT’S Division of Procurement, or their authorized representative, or the Office of Business Development for DBE related inquiries.

All other contact is strictly prohibited and is considered improper. Violation of this prohibition may result in the removal of the Proposer from consideration for this Contract and possible suspension/debarment.

B. GENERAL DEFINITIONS

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

Agreement: See definition of Contract.

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

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

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

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

Consultant: The entity awarded the Contract under this RFP.

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

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

Contractor: See definition of Consultant

Cost Proposal: The preliminary cost estimate submitted by the Proposer in response to the RFP.

Days: Shall mean Calendar Days unless otherwise indicated.

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

Northern Branch Extension (HBLR)

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

Must: Denotes that which is a mandatory requirement.

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

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

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

RFP.

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

Shall: Denotes that which is a mandatory requirement.

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

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

Subcontractor: See definition of Subconsultant.

Technical Proposal: The specific technical requirements of the Project, submitted by the Proposer in response to the RFP.

C. ANTICIPATED CONSULTANT SELECTION SCHEDULE

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

D. PRE-PROPOSAL CONFERENCE

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

Potential Proposers will be required to download Microsoft Teams https://teams.microsoft.com/, prior to the Pre-Proposal Conference, in order to access the web video conference and view the presentation. All interested firms

Northern Branch Extension (HBLR) are urged to participate. Attendance at the Pre-Proposal Conference is highly recommended but not mandatory. Recipients of this RFP that do not attend may be at a disadvantage when submitting a Proposal.

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

E. REQUEST FOR INFORMATION AND ADDENDA

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

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

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

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

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

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

Certain Addenda will contain amendments to the RFP. The Proposer shall ensure that the Proposer acknowledges and affirms that he/she has obtained, reviewed and applied all Addenda issued during the Proposal submission period by

Northern Branch Extension (HBLR) selecting Yes or No and input the number of Addenda it has received. NJ TRANSIT has the right to reject Proposals that do not contain a completed Addenda Acknowledgement. No response may be made by NJ TRANSIT to inquiries received later than the submittal date identified in the RFP package document.

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

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

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

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

F. CONTRACT DURATION

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

G. JOINT VENTURE

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

Northern Branch Extension (HBLR)

H. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

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

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

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

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

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

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

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

Northern Branch Extension (HBLR)

I. DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL

ASSIGNMENT

In accordance with Interim Final Rule, effective October 3, 2025 (90 F.R. 47969) be advised that there is no DBE goal assigned to this procurement.

DBE PROGRAM COMPLIANCE REQUIREMENTS

The Proposer shall comply with 49 C.F.R. Part 26 as modified by the Interim Final Rule, effective October 3, 2025 (90 F.R. 47969). The Proposal shall refer to the October 2025 “DBE IFR Cover Sheet OBD Oct 2025 Final v. 11.21.25” available for download, with the electronic bidding documents for instructions and required forms for DBE program obligations for Contracts and Subcontracts. Proposers shall identify all subcontractors, suppliers, vendors and distributors solicited to participate in this Contract, and shall complete and submit the mandatory Bidder’s List and Contractor Information form (Form A1) and Sub-Prime’s Bidder’s List and Contractor Information form (Form AA1, if applicable). Proposers are advised to carefully review and complete the list entirely, leaving no blank fields. Proposers who fail to submit the Bidder’s List(s) Form A1 and Form AA1(if applicable) with their Proposal shall be rejected as non-responsive.

Proposers must also submit the Sub/Supplier/Vendor/Distributor Utilization form (Form IFR-2025), with their Proposal. Failure to submit Form IFR-2025 shall result in a rejection of a Proposal as non-responsive.

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

J. BUSINESS REGISTRATION CERTIFICATE

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

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

Subcontractors/Subconsultants named in a Proposal shall provide proof of Business Registration to the Proposer, who in turn, shall provide it to NJ TRANSIT

Northern Branch Extension (HBLR) prior to the time a Contract, purchase order, or other contracting document is awarded or authorized.

During the course of Contract performance:

(1) The Consultant shall not enter into a Contract with a

Subcontractor/Subconsultant unless the Subcontractor/Subconsultant first provides the Contractor/Consultant with a valid proof of Business Registration.

(2) The Consultant shall maintain and submit to NJ TRANSIT a list of

Subcontractors/Subconsultants and their addresses that may be updated from time to time.

(3) The Consultant and any Subcontractor/Subconsultant providing goods or performing services under the Contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609) 292-6400. Form NJ-REG can be filed online at: http://www.state.nj.us/treasury/revenue/busregcert.shtml.

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

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a Business Registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of Business Registration not properly provided under a Contract with NJ TRANSIT.

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

K. TECHNICAL EVALUATION COMMITTEE

A Technical Evaluation Committee (TEC) comprised of NJ TRANSIT staff will be responsible for reviewing and evaluating the Technical Proposals, participating in Oral Presentations, and assisting with negotiations, if requested, with a Proposer for award of the Contract. The TEC will analyze the submitted Technical http://www.state.nj.us/treasury/revenue/busregcert.shtml

Northern Branch Extension (HBLR)

Proposals, which must include Project manpower estimates for the respective tasks outlined in the Scope of Services. In order to adequately evaluate the capability of Proposers, the Proposal must address all tasks in all stages, outlined in the Scope of Services. In order to adequately evaluate Proposer’s capability, the Proposal must address all tasks as set forth in Scope of Services of this RFP.

The Proposer should include the level of detail it determines necessary to assist the TEC in its review and evaluation of its Proposal.

L. MODIFICATION OR WITHDRAWAL

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

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

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

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

M. DISQUALIFICATION OF PROPOSERS/PROPOSALS

Submission of more than one (1) Proposal from an individual, firm, partnership, corporation or combination thereof under the same or different names shall be cause for disqualification of the Proposals submitted by such entities.

Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested as a principal in more than one

(1) Proposal for the procurement contemplated may cause the rejection of all Proposals submitted by such individual, firm, partnership, corporation or combination thereof.

N. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Pursuant to N.J.S.A. 52:32-58, et seq., any person or entity that submits a bid or Proposal or otherwise proposes to enter into or renew a Contract must certify, prior to Contract award, that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities

Northern Branch Extension (HBLR) in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

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

O. CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES

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

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

P. OWNERSHIP DISCLOSURE

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

1https://www.nj.gov/treasury/purchase/forms/DisclosureofInvestmentActivitiesinIran.pdf2 https://www.nj.gov/treasury/administration/pdf/DisclosureofProhibitedActivitesinRussiaBelarus.pdf 2 https://www.nj.gov/treasury/administration/pdf/DisclosureofProhibitedActivitesinRussiaBelarus.pdf https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf https://www.nj.gov/treasury/purchase/forms/DisclosureofInvestmentActivitiesinIran.pdf

Northern Branch Extension (HBLR) corporation’s stock, or the individual partners owning ten percent (10%) or greater interest in that partnership, or the members owning ten percent (10%) of greater interest in the limited liability company, shall also be listed.

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

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

Q. CONSULTANT’S CERTIFICATION OF ELIGIBILITY

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

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

R. SOURCE DISCLOSURE REQUIREMENTS

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

Northern Branch Extension (HBLR)

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

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

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

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

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

Breach of Contract for Shift of Services Outside the United States

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

S. POLITICAL CONTRIBUTION DISCLOSURE

The Consultant is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission (ELEC), pursuant to N.J.S.A. 19:44A-20.27, et seq., if the Consultant receives Contracts in excess of $50,000 from a public entity in a calendar year. It is the Consultant’s responsibility to determine if filing is necessary. Failure to file can result in the imposition of financial penalties by ELEC. Additional information about this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

T. NOTICE OF EXECUTIVE ORDER 125 REQUIREMENT FOR POSTING

OF WINNING PROPOSAL AND CONTRACT DOCUMENTS “NOT

APPLICABLE”

http://www.elec.state.nj.us/

Northern Branch Extension (HBLR)

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

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

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

In submitting its Proposal, a Proposer may designate specific information as not subject to disclosure. However, such Proposer must have a good-faith legal and/ or factual basis to assert that such designated portions of its Proposal (i) are proprietary and confidential financial or commercial information or trade secrets or (ii) must not be disclosed to protect the personal privacy of an identified individual. The location in the Proposal of any such designation should be clearly stated in a cover letter, and a redacted copy of the Proposal should be provided.

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

U. NOTICE OF EXECUTIVE ORDER 166 REQUIREMENT FOR POSTING

OF WINNING PROPOSAL AND CONTRACT DOCUMENTS “NOT

APPLICABLE”

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

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

The Letter of Engagement resulting from this Engagement Query is subject to the requirements of Executive Order No. 166. Accordingly, the OSC will post a copy of the Letter of Engagement, including the Engagement Query, the winning https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fnj.gov%2Fcomptroller%2Fsandytransparency%2Fcontracts%2Fsandy%2F&data=04%7C01%7CANekoukar%40njtransit.com%7C18dc394709844298448108d929e04973%7C15c7a12b240a455e9cef3cac02e3d42a%7C0%7C0%7C637586865546120113%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=lutaC79D99TfksrNiX%2F6Hw1NTm9mfE9ME7Ks5TG3U44%3D&reserved=0

Northern Branch Extension (HBLR)

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

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

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

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

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

V. EQUAL PAY ACT

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

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

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

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

W. CERTIFICATION OF NO TAX LIABILITY OR FELONY CONVICTION

As a condition of any Contract award, a private corporation, partnership, trust, joint-stock company, sole proprietorship, or any other business association, including each participant in a joint venture, must certify, under penalty of perjury, https://nj.gov/labor/equalpay/equalpay.html https://nj.gov/labor/forms_pdfs/equalpayact/mw563(6-18)annualequalpay.pdf

Northern Branch Extension (HBLR) that it has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

As a condition of any Contract award, any such entity must also certify that it has not been convicted of any felony criminal violation under any federal law within the twenty-four (24) months preceding the date of Contract award.

Furthermore, any such entity awarded a Contract by NJ TRANSIT is responsible for flowing down the requirements of the above two (2) paragraphs to all lower tier Subcontractors or Subconsultants (including Sub-Subcontractors and Sub-Sub-consultants, etc.), without regard to the value of any such sub-agreement (or sub-sub-agreement, etc.).

The certification required hereunder is a fillable form in the electronic bidding file, and the conditions and obligations stated therein are continuing through and until the date of any Contract award. If any of the conditions stated in the certification change prior to the date of Contract award, for the prospective awardee or for any Subcontractor or subconsultant (or Sub-Subcontractor or Sub-Subconsultant, etc.), the prospective awardee shall immediately notify the NJ TRANSIT contracting officer.

X. NOTICE OF LEGAL MATTERS - 2 C.F.R. PART 180.220(B)-(C) (IF

APPLICABLE):

The Notice of Legal Matters requirements apply to all Contracts covered under 2 C.F.R. §180.220 and 1200.220 and the amount of the Contract is expected to equal or exceed $25,000. The Notice of Legal Matters requirements flow down to each third party consultant and their Contracts at every tier as permitted under OMB guidance at 2 C.F.R. 180.220(c). If a current or prospective legal matter that may affect the Federal Government emerges, the Contractor/Consultant agrees to promptly notify the Recipient who will then notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Contractor/Consultant must include a similar notification requirement in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.

(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

Northern Branch Extension (HBLR)

(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

(3) Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to Subcontractors at any tier.

Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions.

II. PROJECT BACKGROUND AND DESCRIPTION; SCOPE OF SERVICES

(GENERAL AND DETAILED)

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

III. PROPOSAL REQUIREMENTS

A. GENERAL

Proposals for the Project must be uploaded to the Bid Express website, www.bidexpress.com , on the scheduled Proposal due date and time as specified in Attachment D (subject to change by Addenda). The Proposer must upload both its Technical and Cost Proposals prior to the hour specified so that it is included in the Project download. Late Proposals shall not be accepted. This

Northern Branch Extension (HBLR) platform is the only method to submit a Proposal for this Project; hard copy or emailed Proposals will not be accepted. Note: In an effort to increase download speeds of submitted Proposals, this Proposal has a total MAXIMUM upload limit of (7 lines). Each upload line has a maximum limit of 10 MB.

In consideration of the health, safety, and welfare of the agency employees and the bidding community alike, the public proposal opening for the Northern Branch Extension (HBLR) – Transit Oriented Development Comprehensive Corridor Plan, which is scheduled for the date and time specified in Attachment D, will be by CONFERENCE CALL ONLY. Please see meeting information below:

Microsoft Teams Meeting or Dial-In: 1-862-294-4371 Conference ID: 726 838 598#.

Join Microsoft Teams Meeting

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

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

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

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

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

https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_N2Q2MjRlOWYtNDg1ZC00NTc0LWFiZDktZDdmNTZmMTdlZjI3%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252215c7a12b-240a-455e-9cef-3cac02e3d42a%2522%252c%2522Oid%2522%253a%252241caa4a7-b77f-49f2-8335-…

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