RFP P50487 _ MARTA Merchandise Store Program.pdf

April 2024

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORTIY

REQUEST FOR PROPOSALS

(Under $200,000)

FOR

P50487

MARTA MERCHANDISE STORE PROGRAM

DocuSign Envelope ID: EA136A3A-CAF0-46F0-97FD-F367BF257D94

2424 Piedmont Road, NE Atlanta, GA 30324 404-848-5000

April 8, 2024

TO: ALL PROSPECTIVE PROPONENTS

SUBJECT: REQUEST FOR PROPOSALS (RFP) NUMBER P50487

You are invited to submit to the Metropolitan Atlanta Rapid Transit Authority (MARTA), also referred to as the Authority, a Proposal to provide an online merchandise store program for MARTA’s External Affairs Department. MARTA is requesting that you review the attached information and Instructions to Proponents, Form of Contract, and Proposal form and provide a proposal. Award of a contract is contingent upon your acceptance of the enclosed Form of Services Contract.

To be eligible for consideration your proposal must be received by the Authority not later than Friday, May 8, 2024 at 2:00 p.m. (local time) to the attention of Francine Jackson, Contract Specialist III. The Proposal may be e-mailed to Mrs. Jackson at fjackson3-ctr@itsmarta.com. If you have questions, Mrs. Jackson can be reached at (404) 848-5233.

The RFP can be reviewed and downloaded from MARTA’s website at www.itsmarta.com. On the home page, point to “More/click Current Opportunities/click on RFP P50487/Download Invitation for Bids/Request for Proposals/Log-in (first time users must register).

No proposal over $200,000.00 will be considered.

Sincerely, Peris Cannon, Manager of Contracts

Attachment mailto:fjackson3-ctr@itsmarta.com http://www.itsmarta.com/

REQUEST FOR PROPOSALS

P50487: MARTA MERCHANDISE STORE PROGRAM

PART 1: INFORMATION AND INSTRUCTIONS TO PROPONENTS

1. General and Background Information

2. Services Being Procured

3. Definitions

4. Minimum Qualifications

5. No Offer by MARTA; Firm Offer by Proponents

6. Proposal Deadline

7. Additional Documentation

8. Procurement Questions; Prohibited Contacts

9. Ownership of Proposals

10. Proposal Evaluation, Award and Multiple Award

11. Submission of Proposals

12. Rejection of Proposals; Cancellation of RFP; Waiver of Technicalities

13. Georgia Open Records Act

14. Representation

15. Conflict of Interest

16. Protests

17. Equal Employment Opportunity and Small Business Utilization

18. Environmental Purchasing

19. Award of Contract; Execution

PART 2: CONTENTS OF PROPOSALS AND SUBMITTALS

1. General Content of Proposals

2. Technical Proposal

3. Revenue Proposal

PART 3: SUBMITTAL FORMS

1. Form 1. Illegal Immigration Reform and Enforcement Act: Contractor’s and

Subcontractor’s Affidavits

2. Form 2. Acknowledgement of Addenda

3. Form 3. Revenue Proposal Form

4. Form 4. No Conflict of Interest Form

5. Form 5. List of Proposed Subcontractors Form

6. Form 6: Qualifications and Business References Form

7. Appendix A: Office of Diversity and Inclusion Requirements and Forms

PART 4: FORM OF CONTRACT

1. Contract

2. Exhibit A: Scope of Services

3. Exhibit B: Special Terms and Conditions

4. Exhibit C: Payment Terms

5. Exhibit D: Insurance and Bonding Requirements

6. Exhibit E: Certificate of No Conflict of Interest

7. Appendix A: Office of Diversity and Inclusion Requirements

Page 1 RFP P50487: MARTA Merchandise Store Program

PART 1: INFORMATION AND INSTRUCTIONS TO PROPONENTS

1. General and Background Information: The Metropolitan Atlanta Rapid Transit Authority (“MARTA”) operates the ninth largest transit system in North America, providing bus, rail and paratransit services in the greater metropolitan Atlanta area. MARTA transports over 500,000 people in the City of Atlanta and counties of Clayton, DeKalb and Fulton daily.

MARTA has approximately 4,540 employees.

MARTA is seeking Proposals from Firms to design and provide an online full service, feature-rich company store program. This Request for Proposals provides prospective Proponents with information to enable them to prepare and submit proposals.

2. Services Being Procured: MARTA is seeking proposals from Firms with a solid reputation that will provide the Authority with the highest quality services for the best value. The Authority requires a Proponents that is fiscally sound and able to provide an online merchandise store pursuant to the terms and conditions contained in that certain Form of Services Contract attached hereto as Part 4 (“Contract”).

3. Definitions: The following terms shall have the following meanings when used throughout this Request for Proposals (“RFP"):

Proponents: Each Firm or aggregation of Firms (which may include a joint venture partnership, limited liability company or limited liability partnership) submitting a proposal in response to this RFP with the intent of performing the services as the prime contractor.

Firm(s): A Company with a solid reputation that has or will obtain, prior to the execution of any contract awarded hereunder, all necessary licenses required by the State of Georgia to perform the Services and is authorized to do business in the State of Georgia.

Proposal(s): A written response (i.e., technical proposal and revenue proposal) to this

RFP prepared by a Proponent and submitted to MARTA’s Office of Contracts, Procurement and Materials (“CPM”).

4. Minimum Qualifications: To participate in this procurement, Proponent must satisfy the minimum qualifications required by this RFP. Where the Proponents is a partnership, joint venture arrangement, limited liability company, limited liability partnership or other multiple entity organization, the entity that holds a majority ownership interest in the Proponent (i.e., over 50% ownership) must meet the minimum requirements set forth in this RFP. Additionally, prior to execution of the Contract, the successful Proponent will be required to demonstrate that it is duly authorized to conduct business in the State of Georgia.

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Proponent or entity comprising Proponent must not submit more than one (1) Proposal under the same or different names or as part of multiple organizations. Any Proponent or entity comprising Proponent that submits more than one (1) Proposal in response to this solicitation shall be deemed non-responsive. NOTE: This restriction set forth in this paragraph is not applicable to subcontractors.

By submitting a Proposal in response to this RFP, the Proponent represents and warrants to MARTA that Proponent has or will acquire all of the licenses, certifications, permits, bonding capacity and insurance. By submitting a Proposal concerning this procurement, Proponent acknowledges that it is familiar with all laws applicable to this procurement, including, but not limited to, all of MARTA’s policies and procedures (as the same may change from time to time), all of which is incorporated into this RFP by this reference.

5. No Offer by MARTA; Firm Offer by Proponents: This procurement does not constitute an offer by MARTA to enter into an agreement and cannot be accepted by any Proponents to form an agreement. This procurement is only an invitation for offers from interested Proponents and no offer or proposal shall bind MARTA. However, Proponent’s offer is a firm offer to MARTA for a period of 150 calendar days and may not be withdrawn during such 150 -day time period.

6. Proposal Deadline: To be considered responsive, a Proponent must complete and submit its proposal and all required submittals and attachments in accordance with the instructions contained or referenced in this RFP. All responses to this RFP may be received by MARTA’s Office of Contracts, Procurement and Materials, 2400 Piedmont Road N.E., Atlanta, Georgia 30324-3330 or via email at fjackson3-ctr@itsmarta.com, on or before May 8, 2024 at 2:00 p.m. (local time). Any Proposal received after this time will not be considered/reviewed and will be rejected.

7. Additional Documentation: Each Proponent, if successful, acknowledges and agrees to submit such additional documentation (e.g., insurance/bonds, etc.) promptly after an award pursuant to any notice provided by MARTA and as required by the terms of this RFP and the Contract.

8. Procurement Questions; Prohibited Contacts: Any questions regarding this procurement must be submitted in writing to MARTA’s contact person, Mrs. Francine Jackson via electronic mail at fjackson3-ctr@itsmarta.com, on or before April 17, 2024 at 11:59 p.m.

(local time). Questions submitted after the designated period will not be considered by MARTA. Any response made by MARTA will be provided in writing to all Proponents by posting the same to MARTA’s website at www.itsmarta.com. It is the responsibility of each Proponent to obtain a copy of all responses and/or any addenda issued for this procurement by monitoring MARTA’s website. No Proponent may rely on any verbal response to any question concerning this procurement. All Proponents (and any representative thereof) are strictly prohibited from contacting any MARTA employees (or third-party representatives or consultants of MARTA) on any matter having to do with this procurement. All communications by any Proponent must be made with MARTA’s

DocuSign Envelope ID: EA136A3A-CAF0-46F0-97FD-F367BF257D94

Page 3 RFP P50487: MARTA Merchandise Store Program contact person or any other MARTA employees or representative designated by the head of MARTA’s Contracts, Procurement and Materials Department.

9. Ownership of Proposals: Each proposal submitted to MARTA will become the property of MARTA, without compensation to Proponents, for MARTA’s use, in MARTA’s sole discretion.

10. Proposal Evaluation, Award and Multiple Awards:

a. Upon receipt and review of the proposals, MARTA shall determine which Proponents are responsive and responsible. MARTA will notify each Proponent in writing of MARTA’s determination. If MARTA elects to award this RFP, MARTA will award the same to the most responsive and responsible Proponent(s) that submits a proposal that is in the best interest of MARTA to accept.

b. The Proponent who is deemed by MARTA to be the most responsive and responsible

Proponent will be awarded the Contract.

c. The selection of the successful Proponents(s), if any, will be based on the following criteria, which are listed in descending order of importance:

(i) Technical Capabilities to Meet RFP Requirements;

(ii) Market Experience and Qualifications;

(iii) Revenue Proposal;

(iv) Financial Stability and Capabilities; and

(v) Department of Diversity and Inclusion Requirements: The selection of qualified

Proponents shall be based on an evaluation of the information provided in response to Appendix A.

11. Submission of Proposals:

a. Proposals should be submitted according to the requirements of this RFP. All blank spaces should be typed or handwritten in blue or black ink. All corrections to any entry should be lined out and initialed by the Proponent prior to Proposal submission.

Do not use correction tape or liquid paper.

b. Each Proponent should submit a complete proposal in accordance with the requirements of this RFP. The format for the submission of a proposal mandated by this RFP is not negotiable. The name and number of the project is RFP P50487:

MARTA Merchandise Store Program. Proposals may be submitted via mail in sealed envelope(s) or package(s) or email. If submitting by mail, the outside of the envelope(s) or package(s) should clearly identify the name of the name of Proposal, Proposal Number, Proponent’s Name and address, and Proponent’s Federal Work

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Authorization User Identification Number. If submitting proposals via US Mail, proposal must be submitted to:

Metropolitan Atlanta Rapid Transit Authority

Office of Contracts, Procurement and Materials 2400 Piedmont Road, N.E.

Atlanta, Georgia 30324-3330 Attn: Contract Control (RFP P50487)

[See end of Part 1 for directions]

If submitting via email, Proposals must be emailed to Contract Specialist III Francine Jackson at fjackson3-ctr@itsmarta.com.

c. Each Proponents shall promptly notify MARTA in writing, prior to the proposal due date, should the Proponents find discrepancies, errors, ambiguities or omissions in any of Proponent’s proposal documents or should the intent or meaning set forth in Proponent’s proposal documents appear unclear or ambiguous.

d. Each Proponents shall promptly notify MARTA in writing should the Proponents find discrepancies, errors, ambiguities or omissions in any of the RFP documents prior to the end of the question/comment period set forth herein. MARTA will reply to such notices, if necessary, by issuing an addendum to the RFP. It is the responsibility of each Proponents to obtain a copy of any addendum issued for this RFP by monitoring MARTA’s website at www.itsmarta.com.

12. Rejection of Proposals; Cancellation of RFP; Waiver of Technicalities: MARTA reserves the right to reject any proposal or all proposals or to waive any technical defect in a proposal before or after proposal submission. MARTA also reserves the right to cancel this RFP at any time for any reason or no reason. Additionally, MARTA may in accordance with applicable law, by addendum, modify any provision or part of this RFP at any time prior to the proposal due date and time. The Proponents shall not rely on oral clarifications to the RFP unless they are confirmed, in writing, by MARTA in an issued addendum. MARTA also reserves the right to award based upon a Proponent’s original submission without discussion.

13. Georgia Open Records Act: Information provided to MARTA is subject to disclosure under the Georgia Open Records Act (“GORA”). Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].”

14. Representation: By submitting a proposal in response to this RFP, Proponent acknowledges and represents that: (a) the accompanying quote is made by a person or business entity that is neither a high cost lender nor a predatory lender, nor is the

DocuSign Envelope ID: EA136A3A-CAF0-46F0-97FD-F367BF257D94

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Proponent an affiliate of a high cost lender or a predatory lender, as described in Chapter 6A of Title 7 of the Official Code of Georgia Annotated (“Code”); (b) it has read all of the RFP documents (including, without limitation, the Contract) and acknowledges that, if successful, Proponent shall be bound by the requirements stated therein; (c) the signatory to the Proposal is the Proponent (or Proponent’s duly authorized agent or employee of the Proponent with the authority to bind Proponent hereto); (d) any information or disclosure provided in response to this RFQ are fully restated herein and remain truthful and accurate representations up to and including the date Proponent submits its Proposal to MARTA; (e) Proponent has submitted all substantive revisions to the Contract for MARTA’s review with its Proposal; (f) it will be bound by MARTA’s Code of Ethics available at https://www.itsmarta.com/uploadedFiles/Code%20of%20Ethics%20%20Final%203-20- 23.pdf, as the same may be amended from time to time in MARTA’s sole discretion; and

(g) it agrees that it will voluntarily notify MARTA immediately if any information or disclosure provided to MARTA during any part of this procurement process changes, is no longer accurate or would be misleading in any way.

15. Conflict of Interest: By submitting a proposal in response to this RFP, Proponents is representing and warranting to MARTA that none of the following, during the term of the Contract or for six (6) months thereafter, have or will have any interest, direct or indirect, in the Contract or in any part of the proceeds, therefor: (a) members of the MARTA Board of Directors; (b) officers or employees or former employees of MARTA, or of any representative of MARTA in the administration of this Contract, pursuant to MARTA’s Code of Ethics. This Section also applies to members of or delegates to the United States Congress or the Georgia legislature; and members of the governing body, and all other officers and employees, of the City of Atlanta or the counties of Clayton, DeKalb or Fulton.

16. Protests: Any protest or objection to this RFP or the solicitation process related to this RFP must be submitted, in a timely manner, in accordance with the Protest Procedures set forth on MARTA’s website at:

https://www.itsmarta.com/uploadedFiles/MARTA%20CPM%20Procedure%20Manual %20-%20Updated%2009-03-2020%20-%20REV%209%20- %20Bid%20Protest%20Procedures.pdf

17. Equal Employment Opportunity and Small Business Utilization: All Proponents are (a) strongly encouraged to consider the use of Disadvantaged Business Enterprises (“DBE(s)”) in all aspects of the contract that will be awarded pursuant to this solicitation process and

(b) will be required to document their good faith efforts in this regard as an integral part of their proposal. Refer to the Equal Employment Opportunity and Disadvantaged Business Enterprise Requirements. Qualified firms can be found in the MARTA DBE Directory (Georgia Unified Certification Program, GUCP):

https://marta.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=4683&TN= marta.

DocuSign Envelope ID: EA136A3A-CAF0-46F0-97FD-F367BF257D94 https://www.itsmarta.com/uploadedFiles/Code%20of%20Ethics%20%20Final%203-20-23.pdf https://www.itsmarta.com/uploadedFiles/Code%20of%20Ethics%20%20Final%203-20-23.pdf https://www.itsmarta.com/uploadedFiles/MARTA%20CPM%20Procedure%20Manual%20-%20Updated%2009-03-2020%20-%20REV%209%20-%20Bid%20Protest%20Procedures.pdf https://www.itsmarta.com/uploadedFiles/MARTA%20CPM%20Procedure%20Manual%20-%20Updated%2009-03-2020%20-%20REV%209%20-%20Bid%20Protest%20Procedures.pdf https://www.itsmarta.com/uploadedFiles/MARTA%20CPM%20Procedure%20Manual%20-%20Updated%2009-03-2020%20-%20REV%209%20-%20Bid%20Protest%20Procedures.pdf https://marta.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=4683&TN=marta https://marta.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=4683&TN=marta

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MARTA has assigned a _0__% goal for Disadvantaged Business Enterprise (DBE) participation in this project, the Proponents agrees and warrants that:

(a) Proponents will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin; (b) Proponents will comply with all the provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and other relevant orders of the US Secretary of Labor, and Proponents will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by Title VI of the Civil Rights Act of 1964, as well as, the Age Discrimination in Employment Act effective June 12, 1968, and will permit access to books, records and accounts by the Authority, the Secretary of Labor and/or the Secretary of Transportation, for purposes of investigation to ascertain Proponent’s compliance with such rules, regulations, and orders; and (c) Proponents will take affirmative action to assure that Disadvantaged Business Enterprises are strongly pursued for participation on this contract and will document their best efforts to ascertain DBE participation in different aspects of the project as an integral part of their submitted Proposal. The breach of any of the foregoing agreements and warranties shall be a material breach of this contract, for which MARTA, in addition to all other remedies, shall have the right to cancel the contract.

(b) In addition to the above, Proponents will provide MARTA with a written copy of its equal opportunity policy statement if less than fifty (50) employees and a copy of current written affirmative action plan if fifty (50) or more employees. This will be accomplished prior to contract award.

18. Environmental Purchasing: MARTA desires to use Environmentally Preferable Purchasing (EPP) criteria when making purchases for commodities and services. Environmentally Preferable Purchasing refers to securing products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. These products minimize the consumption of resources, energy and water; prevent the creation of solid waste, air pollution or water pollution; minimize the use of materials or processes which compromise the environment; and/or promote the use of non-toxic substances and avoid toxic materials or processes.

a. Twelve basic categories are used to provide guidance as to what constitutes an environmentally preferable product. These categories include:

(a) Alternative Energy Source

(b) Bio-Based

(c) Biodegradable

(d) Compostable

(e) High Recycled Content

(f) Low Toxicity

(g) Low Volatile Organic Compound (VOC)

(h) Pollution (air, water, solid waste) Reduction

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(i) Recyclable

(j) Repairable

(k) Resource Efficient (water conserving and/or energy efficient)

(l) Reusable

b. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all proposals submitted should comply with the following guidelines:

(i) All copies should be printed double-sided.

(ii) All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). All proposals should note the level of recycled content contained in the paper being used.

(iii) Unless absolutely necessary, all proposals and copies should minimize or eliminate the use of non-recyclable or non-reusable materials, such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three-ringed binders, glued materials, paper clips and staples are acceptable.

(iv) Proponents should submit materials in a format that allows for easy removal and recycling of paper materials.

(v) Proponents are encouraged to use other products that contain recycled content in their proposal documents. Such products may include, but are not limited to, folders, binders, paper clips, discs, envelopes, boxes, etc. Where appropriate, Proponents may wish to note which products in their Proposals are made with recycled materials.

(vi) Unnecessary samples, attachments or documents not specifically asked for should not be submitted with the proposals.

19. Award of Contract; Execution: If MARTA awards a Contract pursuant to this procurement, MARTA will prepare and forward to the successful Proponents a Contract for execution substantially in the form included in this solicitation document.

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PART 2: CONTENTS OF PROPOSALS AND SUBMITTALS

1. General Contents of Proposals: A Proponent should submit a complete proposal in response to this RFP in the format specified in this RFP. A Proposal consists of two (2) parts:

The following are required submittals.

A. Technical Proposal: This part will contain all of the information and submittals that are required by the RFP or being provided by Proponent as part of its Proposal; and

B. Revenue Proposal: This part will contain the revenue proposal form. FAILURE TO

SUBMIT THE REVENUE PROPOSAL FORM MAY, IN MARTA’S SOLE DISCRETION, BE

CAUSE FOR PROPONENT TO BE DEEMED NON-RESPONSIVE.

2. Technical Proposal: This part will contain all of the information and submittals that are required by the RFP or being provided by Proponents as part of its proposal; and

A. Executive Summary: Each Proponent should include an overview of the Proponent’s qualifications to provide the services being procured through this RFP and a high-level description of the proposed solution.

B. Marketing Experience and Qualifications: To allow MARTA to fully understand the capabilities of Proponents, Proponents should provide the information requested below for Proponent and if Proponent is a partnership or joint venture, then each member of Proponent shall provide the following information and meet the following minimum requirements. Please provide the information stated below for each member of the Proponent’s team. Use additional sheets, if necessary.

The Proponent should describe the experience it has, within the last five (5) years providing an online merchandise store program, including the following information:

(1) Organization name;

(2) Number of Employees;

(3) Types of services performed;

(4) Three (3) written references

NOTE: If the Proponents is a partnership, joint venture or newly formed entity (e.g., limited liability company or corporation), the minimum requirements set forth throughout the RFP must be satisfied by the entity or individual(s) that own and control a majority equity interest (i.e., over 50% ownership) of the partnership, joint venture or newly formed entity.

C. Response to Requirements: The Proponent’s proposal should include, but is not limited to each of the following:

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(1) Provide a narrative that illustrates how the Proponent will manage the project and ensure completion of the Scope of Services. Firm should provide a document outlining their proposed approach that would best support the stated objectives and any work done with a public transit provider. Narrative should include any additional features that could contribute to the program success.

(2) Provide a comprehensive diagram of the proposed solution for the new website to include a detailed overview of how each website component is interconnected.

(3) Brief qualifications of the personnel the Firm intends to use to perform the work.

D. Required Forms: In addition to Form 3, Revenue Proposal form, the following submittals are required to be included in each proposal:

(1) Form 1: Illegal Immigration Reform and Enforcement Act. Each Proponent must complete, sign and submit a Contractor’s Affidavit with its proposal. This RFP is subject to the Illegal Immigration Reform and Enforcement Act of 2011 (“Act”), as amended. Pursuant to the Act, the Proponents must provide with its proposal proof of its registration with and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security. Under state law, MARTA cannot consider any proposal which does not include a completed Contractor’s Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All Proponents intending to do business with MARTA are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on MARTA procurements and their participation in those procurements. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll.

(2) Form 2: Acknowledgement of Addenda. Each Proponent must complete, sign and submit an acknowledgement with its proposal that it has received all Addenda issued by MARTA for this RFP. This form is provided and may be used to satisfy this requirement.

(3) Form 3: Revenue Proposal. Each Proponent must complete, sign and submit a Revenue Proposal with its proposal.

(4) Form 4: No Conflict of Interest. Each Proponent must complete, sign and submit with their proposal the information called for by the form.

(5) Form 5: List of Proposed Subcontractors. Each Proponent is requested to furnish with their Proposal the information called for by the form. If the form is omitted or if the information furnished is incomplete or inadequate, the https://e-verify.uscis.gov/enroll

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Authority may require that additional information be submitted after the Proposal Deadline and before an award is made.

(6) Form 6: Qualifications and Business References. Each Proponent is requested to furnish with their Proposal the information called for by the form. If the form is omitted or if the information furnished is incomplete or inadequate, the Authority may require that additional information be submitted after the Proposal Deadline and before an award is made.

(7) Appendix A: Department of Diversity and Equal Opportunity Requirements.

MARTA’s Department of Diversity and Equal Opportunity (“DEO”) program(s) applicable to this procurement and any Contract that may be awarded pursuant to this procurement are set forth in Appendix A attached hereto.

E. Exceptions to RFP: Proponent shall list any deviation(s), exception(s), or variation(s) to: the terms and conditions of this solicitation, the terms and conditions of any attachment(s) to this solicitation, the terms and conditions of any addendum to this solicitation, and, the terms and conditions of the proposed contract. The section of Proponent’s proposal containing any such deviation(s), exception(s), or variation(s) shall be clearly labeled “Exceptions to RFP”. If a Proponent fails to note a deviation, make an exception, or list a variation to the terms and conditions of this solicitation, any attachment(s), or addenda to this solicitation, or the terms and conditions of the proposed contract, it shall be deemed as an express waiver by that Proponent of such deviation, exception, or variation. MARTA will not accept or review any deviation(s), exception(s), or variation(s) after the Proponent’s proposal has been received by

MARTA.

3. Revenue Proposal. Each Proponent is required to fully complete the Revenue Proposal Form (Form 3) attached to this RFP.

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PART 3

SUBMITTAL FORMS

1. Illegal Immigration Reform and Enforcement Act Affidavit (Form 1)

2. Acknowledgement of Addenda (Form 2)

3. Revenue Proposal (Form 3)

4. No Conflict of Interest (Form 4)

5. List of Proposed Subcontractors (Form 5)

6. Qualifications and Business References (Form 6)

7. Office of Diversity and Inclusion Requirement Submittals (Appendix A)

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FORM 1

ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT FORMS

All Proponents must comply with the Illegal Immigration Reform and Enforcement Act of 2011, O.G.G.A § 13-10-90, et seq. (“IIREA”). Proponents must familiarize themselves with IIREA and are solely responsible for ensuring their compliance therewith. Proponents may not rely on these instructions for that purpose. These instructions are offered only as a convenience to assist Proponents in complying with the requirements of MARTA’s procurement process and the terms of this RFP.

1. The attached Contractor Affidavit must be filled out COMPLETELY and submitted with the proposal prior to the proposal due date.

2. The Contractor Affidavit must contain an active Federal Work Authorization Program (E- Verify) User ID Number and Date of Registration.

3. Where the business structure of a Proponents is such that Proponents is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Proponents must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Proponents itself (see Example 1 below). Where the business structure of a Proponents does not require it to obtain an EIN, each entity comprising Proponents must submit a separate Contractor Affidavit (see Example 2 below).

Example 1: ABC, Inc. and XYZ, Inc. form and submit a bid/proposal as TransitService, LLC.

TransitService, LLC must enroll in the E-verify program and submit a single Contractor Affidavit in the name of TransitService, LLC which includes the Federal Work Authorization User ID Number issued to TransitService, LLC.

Example 2: ABC, Inc. and XYZ, Inc. execute a joint venture agreement and submit a bid/proposal under the name TransitService, JV. If, based on the nature of the JV agreement, TransitService, JV is not required to obtain an Employer Identification Number from the IRS. The bid/proposal submitted by Transit Service, JV must include both a Contractor Affidavit for ABC, Inc. and a Contractor Affidavit for XYZ, Inc.

4. All Contractor Affidavits must be executed by an authorized representative of the entity named in the Affidavit. All Contractor Affidavits must be notarized.

5. Subcontractor and sub-subcontractor affidavits are not required at the time of bid/proposal submission, but will be required at or prior to Contract execution or in accordance with the timelines set forth in IIREA.

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FORM 1a Contractor Affidavit

O.C.G.A. § 13-10-91(b)(1)

By executing this Contractor Affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor: ______________________________________________

Name of Project: ______________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________, ____, 20__ in _________________ (city), __________ (state)

Signature of Authorized Officer or Agent

Printed name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE

ME ON THIS THE ___, DAY OF ________, 20______

NOTARY PUBLIC

My Commission Expires:

Page 14 RFP P50487: MARTA Merchandise Store Program

FORM 1b Subcontractor Affidavit

O.C.G.A. § 13-10-91(b)(3)

By executing this Subcontractor Affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ___________________________________ (name of contractor) on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor to forward, within five business days of receipt, a copy of such notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Subcontractor: ____________________________________________________

Name of Project: ____________________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________, ____, 20__ in _________________ (city), __________ (state)

Signature of Authorized Officer or Agent

NOTARY PUBLIC

My Commission Expires: ___________________

Page 15 RFP P50487: MARTA Merchandise Store Program

FORM 1c Sub-subcontractor Affidavit

O.C.G.A. § 13-10-91(b)(4)

By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for _______________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract) and _______________________________________ (name of contractor) on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A.§13-10-91. Furthermore, the undersigned sub-subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned sub-subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub-subcontractor with the information required by O.C.G.A. §13-10- 91(b). The undersigned sub-subcontractor shall submit, at the time of such contract, this affidavit to __________________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Additionally, the undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to ____________________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Sub-subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Sub-Subcontractor: ___________________________________________

Name of Project: ___________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________, ____, 20__ in _________________ (city), __________ (state)

Signature of Authorized Officer or Agent

NOTARY PUBLIC

My Commission Expires: ____________________

Page 16 RFP P50487: MARTA Merchandise Store Program

FORM 2

ACKNOWLEDGMENT OF ADDENDA

Each Proponent must complete and submit an acknowledgement with its proposal, that it has received all Addenda issued by MARTA for this solicitation. If none were issued check the box next to the word “NONE” below. This form has been included and may be used to satisfy this requirement. This is to acknowledge receipt of the following Addenda for RFP No. P50487:

MARTA Merchandise Store Program.

NONE [ ]

1. _____________________________________________________________;

2. _____________________________________________________________;

3. _____________________________________________________________;

4. _____________________________________________________________;

5. _____________________________________________________________;

6. _____________________________________________________________;

7. _____________________________________________________________;

8. _____________________________________________________________;

9. _____________________________________________________________;

10. _____________________________________________________________; and

11. _____________________________________________________________.

Date:_______________, 20_____

Corporate Proponents or Proponents:

[Insert Corporate Name]

By:

Print Name:

Title:

Corporate Secretary/Assistant Secretary (Seal)

Date: __________________, 20_____

Non-Corporate Proponents or Proponents:

[Insert Proponents Name]

Print Name:

Notary Public (Seal)

Page 17 RFP P50487: MARTA Merchandise Store Program

FORM 3

REVENUE PROPOSAL

On and as of ____________________, 2024, the undersigned, having examined carefully and become familiar with the (a) accompanying RFP No. P50487: MARTA Merchandise Store Program (“RFP”); (b) any addenda to the RFP; and (c) the Services (as defined in the RFP) being solicited by the Metropolitan Atlanta Rapid Transit Authority (“MARTA”), hereby submits this Revenue Proposal to MARTA in response to RFP No. P50487.

The Contractor shall pay the Authority a percentage of all gross sales made to the general public, MARTA employees, designated merchandise outlets, and direct sales to MARTA. This payment shall accompany the sales and accounting information due on or before the 15th day of each month.

THIS PROPOSAL IS A FIRM OFFER IRREVOCABLE FOR ONE HUNDRED FIFTY (150) DAYS

Corporate Proponents:

[Insert Corporate Name]

Print Name: _________________________

Corporate Secretary/Assistant Secretary (Seal)

Non-Corporate Proponents:

[Insert Proponents Name]

Print Name: _________________________

Notary Public (Seal)

Year (s) Revenue Share (%)

Year 1

Year 2

Year 3

Option Period 1

Option Period 2

Page 18 RFP P50487: MARTA Merchandise Store Program

FORM 4

NO CONFLICT OF INTEREST

Except as may be identified and explained below, the undersigned hereby certifies that (a) no member of the Board of Directors, officer, and employee of the Metropolitan Atlanta Rapid Transit Authority, (b) no elected, appointed, and employed official or employee of the State of Georgia and of a governing body, instrumentality, or political subdivision within the territory comprising the Counties of Fulton, DeKalb or Clayton, Georgia, and (c) no relative of any persons described above,

(d) no member of and delegate to the Congress of the United States has an interest whatsoever in Proponent's organization and in the proceeds of a Contract and agreement which might be made between Proponent and the Metropolitan Atlanta Rapid Transit Authority as a result of the proposal, quote, bid and/or qualification statement accompanied by this certification, and (e) no person who is or who during the past six (6) months has been a member of the Board of Directors, an officer, or an employee of the Metropolitan Atlanta Rapid Transit Authority is employed by or on behalf of the Proponent's organization.

The undersigned certifies that he/she is legally authorized by the Proponent to make the above representation, and that the representation is true to the best of his/her knowledge and belief and without deliberate omission of any inquiry which would to the best of his/her belief tend to change the above representation. The undersigned understands that any representation made knowing it to be false may disqualify the Proponent from being awarded the Contract and future work by

MARTA.

NOTE: THIS CERTIFICATION MUST BE COMPLETED, SIGN AND SUBMITTED TO MARTA.

Signature _______________________________________________________________________

Print Name _____________________________________________________________________

Title ________________________________ Telephone #: ( )

Name of Proponent Company ______________________________________________________

Address_________________________________________________________________________

Page 19 RFP P50487: MARTA Merchandise Store Program

FORM 5

LIST OF PROPOSED SUBCONTRACTORS

1. NAME: _______________________________________________________________________________________________________

ADDRESS: _____________________________________________________________________________________________________

TELEPHONE NUMBER: _________________________________________________________________________________________

SUBCONTRACT EFFORT: _______________________________________________________________________________________

AGE OF FIRM: _______YEAR(S) ________ MONTH(S) DBE NON-DBE

ANNUAL GROSS RECEIPTS OF FIRM:

$0 - $99,999 $100,000 - $499,999 $500,000 - $999,999 $1,000,000 - $4,999,999

$5,000,000 - $9,999,999 $10,000,000 - $14,999,999 $15,000,000 – 24,999,999

2. NAME: _______________________________________________________________________________________________________

ADDRESS: _____________________________________________________________________________________________________

TELEPHONE NUMBER: _________________________________________________________________________________________

SUBCONTRACT EFFORT: _______________________________________________________________________________________

3. NAME: _______________________________________________________________________________________________________

ADDRESS: _____________________________________________________________________________________________________

TELEPHONE NUMBER: _________________________________________________________________________________________

SUBCONTRACT EFFORT: _______________________________________________________________________________________

(use additional sheet(s) if needed)

Page 20 RFP P50487: MARTA Merchandise Store Program

FORM 6

QUALIFICATIONS AND BUSINESS REFERENCES

Name of Respondent:

Principal Office Address

State: Zip Code:

Telephone Number ( ) Fax Number: ( )

Social Security Number

(if Individual)

Federal ID Number

DUNS Number

1. Are you registered to do business in Georgia? Yes No

Business Classification: ______________________

2. Is your company licensed to do Business in the State of Georgia? Yes No

Business License Number: ____________________

3. Please mark the appropriate classification of your organization.

Individual Partnership Corporation

Limited Liability Company Joint Venture

Please identify the State which your organization is incorporated. _________________

If a partnership, list names and addresses of partners; if a corporation, list names of officers and directors and State of Incorporation; if a joint venture, list names and addresses of ventures and, if any venturer is a corporation, partnership, or joint venture, list the same information for each such corporation, partnership, and joint venture.

Page 21 RFP P50487: MARTA Merchandise Store Program

4. How many years has your organization been in business under your present business name?

____ yrs.

5. How many years of experience has your organization had in work similar to the work of this

Contract?

(a) As a prime contractor?

(b) As a subcontractor?

6. (A) List all the contracts which your organization has completed during the last 5 years which demonstrate the qualifications to perform the work of this Contract. (For joint venture work, show the sponsoring individual or company.) Use additional sheet(s), using the same format (s) below as needed.

Customer Name:

Customer Address:

Year: Contract Price:

Kind of Contract: Location of Work:

Customer Name:

Customer Address:

Year: Contract Price:

Kind of Contract: Location of Work:

(B) Please utilize the space below to provide contact information for previous clients, which your firm has provided services of similar size and scope. List clients which you have performed work during the past three (3) years.

Organization Name:

Contact Person Name:

Contact Number: Email Address:

Address:

City: State: Dates/Period of Service:

Page 22 RFP P50487: MARTA Merchandise Store Program

Project Name and Service Description:

Organization Name:

Contact Person Name:

Contact Number: Email Address:

Address:

City: State: Dates/Period of Service:

Project Name and Service Description:

7. Have you or your organization, or any officer or partner thereof, failed to complete a contract?

If so, provide details

8. In what other lines of business are you financially interested?

9. Describe the composition of your company’s labor force by job classification, including management:

10. Provide information about the experience of the principal individuals of your present organization.

Page 23 RFP P50487: MARTA Merchandise Store Program

Individual's Name Title Years of

Experience Magnitude and Type of Work

11. List similar contract work which you have currently underway, or for which you are committed:

Name and Address of Customer

Kind of Contract

Contract Price

Expected Completion

Date

Completion Date

Location of Work

12. Reference is hereby made to the following financial institutions as to the financial responsibility of the Respondent:

Name of the Bank:

Street Address:

City and State:

Telephone:

Contact Name:

Name of the Bank:

Page 24 RFP P50487: MARTA Merchandise Store Program

City and State:

Telephone:

Contact Name:

13. Reference is hereby made to the following surety/insurance company or companies as to the financial responsibility and general reliability of the Respondent:

Name of Surety/Insurance

Company:

City and State:

Telephone:

Contact Name:

(Person familiar with

Respondent’s Account)

Name of Local Agent (if different):

14. Financial information for last two (2) years:

Year Ending: Year Ending:

Total Gross Sales $ $

Net Profit (Loss) $ $

Current Assets $ $

Current Liabilities $ $

Audited Financial

Statements Available?

Yes No Yes No

Page 25 RFP P50487: MARTA Merchandise Store Program

15. Is any litigation pending against your organization or has your organization been engaged in any litigation or adversarial proceedings within the last five (5) years? [Check the correct response below:]

Yes No

If the response is yes, please provide a detailed description of each proceeding below:

(Use additional pages if necessary.)

The undersigned certifies that he is legally authorized by the Respondent to make the statements and representations contained in this form, and represents and warrants that the foregoing information is true and accurate to the best of his knowledge, and intends that the Metropolitan Atlanta Rapid Transit Authority rely thereon in awarding the Contract.

RESPONDENT NAME:

DATE OF SIGNING:

SIGNAT…