No.

Issued:

LACMTA ISSUE DATE: July 14, 2026 As-Needed Battery Supply and Install RFP No. PS139177

TABLE OF CONTENTS

I. LETTER OF INVITATION

LOI-01 NOTICE AND INVITATION

LOI-02 DEFINITIONS

LOI-03 AVAILABILITY OF SOLICITATION DOCUMENTS

LOI-04 COMMUNICATION WITH LACMTA

LOI-05 PRE-PROPOSAL CONFERENCE

LOI-06 WORKSITE VISIT (RESERVED)

LOI-07 BASIS OF AWARD

LOI-08 EXHIBITS

LOI-09 CONTRACT DOCUMENTS

LOI-10 RESERVED

LOI-11 INDEMNITY

LOI-12 LIQUIDATED DAMAGES

LOI-13 SOLICITATION LINKS

LOI-14 CRITICAL DATES

LOI-15 DBE PROGRAM (RESERVED)

LOI-16 SBE/DVBE PROGRAM

LOI-17 SBE SET-ASIDE PROGRAM (RESERVED)

LOI-18 MSZ PROGRAM

LOI-19 LSBE PREFERENCE

LOI-20 LOI SIGNATURES

II. PROPOSAL INSTRUCTIONS

INSTRUCTIONS TO PROPOSERS

IP-01 PRE-QUALIFICATION REQUIREMENTS

IP-02 CONTRACTOR REGISTRATION LAW

IP-03 EXAMINATION OF RFP DOCUMENTS

IP-04 INTERPRETATION OF RFP DOCUMENTS

IP-05 COMMUNICATION WITH LACMTA OTHER THAN THE CONTRACT ADMINISTRATOR

IP-06 AMENDMENTS

IP-07 PREPARATION OF SUBMITTAL

IP-08 MODIFICATIONS AND ALTERNATIVE PROPOSALS

IP-09 SIGNING OF PROPOSAL AND AUTHORIZATION TO NEGOTIATE

IP-10 SUBMISSION OF PROPOSAL

IP-11 PROPOSAL EVALUATION PROCESS

IP-12 WITHDRAWAL OF SUBMITTAL

IP-13 LACMTA RIGHTS

IP-14 PUBLIC RECORDS ACT

IP-15 DISQUALIFICATION OF PROPOSERS

IP-16 FILING OF PROTESTS

IP-17 EVALUATION CRITERIA EXHIBIT

DEOD INSTRUCTIONS

DI-01 - INSTRUCTIONS TO BIDDERS/PROPOSERS

III. PROPOSAL REQUIREMENTS/FORMS

SUBMITTAL REQUIREMENTS

1.1 GENERAL FORMAT

1.2 PROPOSAL CONTENT

1.3 PROPOSAL FORMS

1.4 CERTIFICATION FORMS

1.5 SBE/DVBE FORMS

EXHIBITS (SOLICITATION)

EXHIBIT 1 SBE/DVBE BID/PROPOSAL FORMS

EXHIBIT 2 SCHEDULE OF QUANTITIES AND PRICES AND FORM 60 WITH INSTRUCTIONS

EXHIBIT 2.1 - FORM 60 INSTRUCTIONS - PROFESSIONAL SERVICES PRICE SUMMARY

As-Needed Battery Supply and Install RFP No. PS139177

EXHIBIT 2.2 - FORM 60 - PROFESSIONAL SERVICES PRICE SUMMARY

EXHIBIT 3 EVALUATION CRITERIA

EXHIBIT 4 LIST OF CERTIFIED FIRMS

EXHIBIT 5 PROPOSAL LETTER

EXHIBIT 6 LIST OF CURRENT CONTRACTS - BACKLOG

EXHIBIT 7 LIST OF COMPLETED CONTRACTS - LAST FIVE YEARS

EXHIBIT 8 ETHICS DECLARATION

EXHIBIT 9 GENERAL CERTIFICATIONS

EXHIBIT 10 CERTIFICATE OF COMPLIANCE WITH 49 CFR PART 655, PREVENTION OF ALCOHOL

MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS

EXHIBIT 11 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER

EXHIBIT 12 DIR PUBLIC WORKS VERIFICATION FORM

EXHIBIT 12.1: PREVAILING WAGES

IV. CONTRACT DOCUMENTS (SAMPLE)

FORM OF CONTRACT

ARTICLE 0 SIGNATURES

ARTICLE I CONTRACT DOCUMENTS ORDER OF PRECEDENCE

ARTICLE II DEFINITIONS

ARTICLE III SERVICES TO BE PERFORMED

ARTICLE IV ORDERING

ARTICLE V COMPENSATION AND PAYMENT

ARTICLE VI CONTRACT TERM AND PERIOD OF PERFORMANCE

ARTICLE VII OPTIONS

ARTICLE VIII AVAILABILITY OF FUNDS

ARTICLE IX INSURANCE

ARTICLE X NOTICES AND SERVICE THEREOF*

ARTICLE XI ENTIRE AGREEMENT

SPECIAL PROVISIONS

SP-01 SBE/DVBE PARTICIPATION

SP-02 ORGANIZATIONAL CONFLICTS OF INTEREST*

SP-03 RELEASE OF INFORMATION*

SP-04 WORKSITE ACCESS/RESTORATION (RESERVED)

SP-05 INSURANCE REQUIREMENTS

SP-06 LOSS PREVENTION

SP-07 CONTRACTOR EQUIPMENT*

SP-08 HAZARDOUS MATERIAL IDENTIFICATION AND SAFETY DATA (RESERVED)

SP-09 CLEAN UP

SP-10 PROTECTION OF STRUCTURES, EQUIPMENT, AND VEGETATION

SP-11 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS* (RESERVED)

SP-12 ALLOWABILITY, ALLOCABILITY & REASONABLENESS DEFINITIONS*

SP-13 LIQUIDATED DAMAGES* (RESERVED)

SP-14 THE CONTRACTOR'S LICENSE

SP-15 LACMTA MANAGEMENT OF CONTRACTOR'S PERSONNEL*

SP-16 SUBCONTRACT ADMINISTRATION*

SP-17 PAYMENT AND REPORTING OF PREVAILING WAGE*

SP-18 LIVING WAGE / SERVICE CONTRACT WORKER RETENTION POLICY* (RESERVED)

SP-19 METRO WORKFORCE INTIATIVE NOW (WIN-LA) PROGRAM (RESERVED)

GENERAL CONDITIONS

GC-01 GLOSSARY OF TERMS*

GC-02 GOVERNING LAW*

GC-03 CONTRACT DOCUMENTS

GC-04 INTERPRETATION*

GC-05 AUTHORITY OF THE CONTRACTING OFFICER

GC-06 LACMTA'S TECHNICAL REPRESENTATIVE (PROJECT MANAGER)

GC-07 ORGANIZATIONAL AND KEY PERSONNEL

As-Needed Battery Supply and Install RFP No. PS139177

GC-08 WHISTLEBLOWER REQUIREMENTS*

GC-09 AGENT TO ACCEPT SERVICE

GC-10 ETHICS AUTHORITIES*

GC-11 CONFIDENTIALITY*

GC-12 COVENANT AGAINST CONTINGENT FEES*

GC-13 ENGLISH REQUIREMENTS*

GC-14 LICENSES AND PERMITS

GC-15 GOODS*

GC-16 RIGHTS IN PROPERTY*

GC-17 INDEPENDENT CONTRACTOR

GC-18 SUBCONTRACTORS AND SUPPLIERS*

GC-19 STANDARDS OF PERFORMANCE*

GC-20 INSPECTION OF WORK (ACCEPTANCE)*

GC-21 SAFETY*

GC-22 SAFETY AND LOSS PREVENTION*

GC-23 UNAUTHORIZED ACTIONS*

GC-24 LIABILITY AND INDEMNIFICATION*

GC-25 PERIOD OF PERFORMANCE

GC-26 EXTENSION OF TIME

GC-27 SUSPENSION*

GC-28 HISTORICAL, ARCHAEOLOGICAL, PALEONTOLOGICAL, AND SCIENTIFIC DISCOVERIES*

GC-29 CHANGES

GC-30 NOTICE OF INTENT TO CLAIM AND CLAIMS

GC-31 RESOLUTION OF DISPUTES

GC-32 FINAL ACCEPTANCE*

GC-33 WARRANTY*

GC-34 SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE*

GC-35 RIGHTS IN TECHNICAL DATA, PATENTS AND COPYRIGHTS*

GC-36 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT*

GC-37 ENVIRONMENTAL COMPLIANCE

GC-38 THE CONTRACTOR'S INTERACTION WITH THE MEDIA AND THE PUBLIC*

GC-39 TERMINATION FOR CONVENIENCE OF LACMTA*

GC-40 TERMINATION FOR DEFAULT*

GC-41 ASSIGNMENT*

GC-42 NO WAIVER

GC-43 SEVERABILITY*

GC-44 AUDIT REQUIREMENTS*

GC-45 CONTRACTOR'S OBLIGATIONS*

REGULATORY REQUIREMENTS

RR-01 ADMINISTRATIVE CODE*

RR-02 DISCRIMINATION*

RR-03 PUBLIC RECORDS ACT*

RR-04 CIVIL RIGHTS REQUIREMENTS*

RR-05 CLEAN WATER AND CLEAN AIR REQUIREMENTS*

RR-06 CONTRACTOR REGISTRATION LAW*

RR-07 COMPLIANCE WITH CALIFORNIA HEALTH AND SAFETY CODE (HSC) §25250.51 (RESERVED)...104

RR-08 ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM*

RR-09 SAFE OPERATION OF MOTOR VEHICLES - SEAT BELT USE*

RR-10 SAFE OPERATION OF MOTOR VEHICLES - DISTRACTED DRIVING*

RR-11 FTA NOTIFICATION FOR FTA CONCERNS*

EXHIBITS (CONTRACT)

EXHIBIT A SCOPE OF SERVICES

EXHIBIT A-1 TASK ORDER

EXHIBIT B PRICING AGREEMENT

EXHIBIT C WORK-COMPLETION/DELIVERABLE SCHEDULE (RESERVED)

EXHIBIT D DIVERSITY & ECONOMIC OPPORTUNITY DEPARTMENT CONTRACT COMPLIANCE MANUAL

As-Needed Battery Supply and Install RFP No. PS139177

(STATE/LOCAL)

EXHIBIT E-1 PAYMENT CERTIFICATION (CONTINUOUS)

EXHIBIT E-2 PAYMENT CERTIFICATION (FINAL)

EXHIBIT F RELEASE OF CLAIMS

EXHIBIT G APPROVED SUBCONTRACTORS AND SUPPLIERS

EXHIBIT H MISCELLANEOUS (RESERVED)

EXHIBIT I 49 CRF PART 20 (RESERVED)

EXHIBIT J 29 CFR 5.5 AND APPLICABLE FEDERAL PREVAILING WAGE CLASSIFICATIONS

As-Needed Battery Supply and Install RFP No. PS139177

I. LETTER OF INVITATION

As-Needed Battery Supply and Install RFP No. PS139177

LOI-01 NOTICE AND INVITATION

DATE: Tuesday, July 14, 2026

ATTENTION: PROSPECTIVE PROPOSER

SUBJECT: REQUEST FOR PROPOSAL No. PS139177

SOLICITATION TITLE: AS-NEEDED BATTERY SUPPLY AND INSTALL

The Los Angeles County Metropolitan Transportation Authority (LACMTA) has established a contracting opportunity to provide the following: LACMTA is requesting the services of a Contractor to supply and replace battery systems at various facilities across the LACMTA service area. The replacement of this equipment shall include, but is not limited to, the batteries, cabling, rack/mounting systems, and all other materials necessary.

This project is detailed in the Scope of Services, Exhibit A. The resultant contract, if awarded, will be locally funded and is subject to fiscal year funding.

You are requested to submit to LACMTA a Proposal to furnish all Services, including, but not limited to, all management, labor, or materials and other related items required for the performance of a contract resulting from this Request for Proposal (RFP) on a(n) Indefinite Delivery/Indefinite Quantity basis. All Services provided under the resulting contract ("Contract") shall be completed no later than _________. This Contract includes three 1 year option(s).

Proposals in response to this solicitation shall be submitted electronically via email to bids@metro.net.

Proposals must be received no later than 2:00 p.m. on Friday, August 14, 2026. Time of receipt is determined by the date/time stamp imprinted upon the email system. It is recommended that proposers send their email(s) allowing for sufficient time to ensure that the proposer can meet the proposal due date. Additionally, it is recommended that proposer's email(s) are sent with a Delivery and Read receipt for their records. Lastly, proposers should send a verification email to the named Contract Administrator of the RFP after the email submission(s) of proposal to bids@metro.net. The verification email should indicate that a proposal has been submitted by Vendor Name for RFP# on X number of emails.

LOI-02 DEFINITIONS

Refer to the Contract Documents, including, but not limited to, the Section titled GLOSSARY OF TERMS in the General Conditions for the meaning of various abbreviations, acronyms and terms used in this RFP but not defined herein.

LOI-03 AVAILABILITY OF SOLICITATION DOCUMENTS

The RFP documents are available for download through LACMTA's Vendor Portal (Open Solicitations).

LOI-04 COMMUNICATION WITH LACMTA

All communications in connection with this RFP shall be provided as follows:

Contract Administrator:

mailto:bids@metro.net mailto:bids@metro.net https://business.metro.net/webcenter/portal/VendorPortal/pages_home/solicitations/openSolicitations

As-Needed Battery Supply and Install RFP No. PS139177

• By U.S. Mail, FedEX, UPS or courier:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 Attention: Carolina Gyodakyan, Senior Contract Administrator RFP No. PS139177

• By electronic mail at gyodakyanc@metro.net

Diversity & Equal Opportunity: Jerome Jacobsen at (213) 922-3447 or via email at DEODS@metro.net.

Request for information on lobbyist registration are to be directed to the Ethics Department at One Gateway Plaza, Mail Stop 99-19-1, Los Angeles, CA 90012; ethics@metro.net.

Pre-Qualification Department: (213) 922-4130 or via email at Pre-Qual@metro.net.

LOI-05 PRE-PROPOSAL CONFERENCE

LACMTA will hold a Pre-Proposal Conference. Proposers are invited to attend the Pre-Proposal Conference.

Attendance is not mandatory to be considered for award of a contract; however, when a Pre-Proposal Conference is held, attendance is encouraged.

Pre-Proposal Conference

Time and Date: 2:00 p.m. on Thursday, July 23, 2026

Meeting Information:

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/299973069915414?p=5g3lYciNOXziqbP1U2 Meeting ID: 299 973 069 915 414 Passcode: Xj7CK7f7

Need help? | System reference

Dial in by phone +1 213-279-1001,,19653112# United States, Los Angeles Find a local number Phone conference ID: 196 531 12#

LOI-06 WORKSITE VISIT (RESERVED)

mailto:ethics@metro.net https://teams.microsoft.com/meet/299973069915414?p=5g3lYciNOXziqbP1U2 https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTUxZTAxMWYtM2ZhMi00NjAzLWE4OWEtODc0MmNmMzNmZWY3%40thread.v2/0?context=%7b%22Tid%22%3a%22ab57129b-dbfd-4cac-aa77-fc74c40364af%22%2c%22Oid%22%3a%221f089e18-ac43-4fa1-a8b0-eea67255030f%22%7d file:/u06/app/applmgr/fs_ne/inst/mtaprod_fisaps01/logs/appl/conc/log/tel:+12132791001,,19653112 https://dialin.teams.cloud.microsoft/3cd961a0-34f2-4621-a3cb-51eaa4028e8e?id=19653112

As-Needed Battery Supply and Install RFP No. PS139177

LOI-07 BASIS OF AWARD

A. The Contract award will be made to the Proposer whose Proposal meets the requirements of the RFP and is most advantageous to LACMTA based upon the Proposal Evaluation Criteria found in Exhibit 3.

LACMTA reserves its rights, including, but not limited to, those identified in the Instructions to Proposers, LACMTA RIGHTS, and to be the sole judge of the merits of the respective Proposals received.

B. If this Contract provides for options, LACMTA will evaluate the option pricing at the time it considers Proposals. LACMTA's inclusion of an option in a request for proposal or any contract awarded shall not obligate LACMTA to exercise the option, or to preclude LACMTA from initiating a new solicitation for the services to which the option applies.

LOI-08 EXHIBITS

This solicitation incorporates all Exhibit documents, including but not limited to, those identified as Exhibits (Solicitation) and Exhibits (Contract), with the same force and effect as if they were provided in this solicitation in full text.

LOI-09 CONTRACT DOCUMENTS

A sample copy of all Contract Documents is included as part of this solicitation.

LOI-10 RESERVED

LOI-11 INDEMNITY

Any contract awarded pursuant to this RFP will contain the indemnity provisions included in the Section titled LIABILITY AND INDEMNIFICATION in the General Conditions, which will require the Proposer to indemnify LACMTA as provided therein.

LOI-12 LIQUIDATED DAMAGES

Liquidated Damages may be assessed and recovered by LACMTA in accordance with the Special Provisions Section titled LIQUIDATED DAMAGES. The amount of the Liquidated Damages and matters for which they may be assessed under this Contract are set forth in the Work-Completion/Deliverable Schedule, Exhibit C.

LOI-13 SOLICITATION LINKS

This solicitation may reference the followingelectronic webpages/links. The following listing is provided for the convenience of the Bidders or Proposers and LACMTA does not warrant it to be an all-inclusive listing. Other links may be identified in other solicitation documents or Contract Documents.

• Vendor Portal (Open Solicitations)

• California's Online Marketplace

• Office of Civil Rights

• BLS North American Industry Classification System (NAICS) https://business.metro.net/webcenter/portal/VendorPortal/pages_home/solicitations/openSolicitations https://business.metro.net/webcenter/portal/VendorPortal/pages_home/solicitations/openSolicitations https://caleprocure.ca.gov/ https://dot.ca.gov/programs/civil-rights https://dot.ca.gov/programs/civil-rights http://www.bls.gov/bls/NAICS.htm

As-Needed Battery Supply and Install RFP No. PS139177

• US Census North American Industry Classification System

• Metro Contractor Pre-Qualification Program

• LACMTA Administrative Code

• LACMTA Lobby Ordinance (Applicable Law)

• LACMTA Contractor's Code of Conduct

• Protest Instructions (protest procedures)

• Labor Compliance Manual

• Living Wage and Service Contractor Worker Retention Policy Manual

• Environmental Policy

• Federal Transit Administration (Drug and Alcohol) http://www.census.gov/eos/www/naics/ https://www.metro.net/about/business/pre-qualification/ http://media.metro.net/images/MTA%20Administrative%20Code%20Enactment.pdf http://lrs.metro.net/forms/applicablelaw.aspx http://lrs.metro.net/forms/applicablelaw.aspx http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/about_us/ethics/images/codes_ethics_contractors_2014-07.pdf http://media.metro.net/ebb/protest.pdf https://www.metro.net/about/lwrp/ https://www.metro.net/about/lwrp/ http://media.metro.net/about_us/sustainability/images/Environmental.pdf https://transit-safety.fta.dot.gov/DrugAndAlcohol/Regulations/Regulations/default.aspx

As-Needed Battery Supply and Install RFP No. PS139177

LOI-14 CRITICAL DATES

The following dates are critical for this solicitation:

RFP Issue Date: Tuesday, July 14, 2026

Pre-Proposal Conference (where required): 2:00 p.m. on Thursday, July 23, 2026

Questions Due Date: Wednesday, July 29, 2026

Question and Answer Clarifications: Tuesday, August 4, 2026

Pre-Qualification Application Due Date: Friday, August 14, 2026

Proposal Due Date: 2:00 p.m. on Friday, August 14, 2026

LOI-15 DBE PROGRAM (RESERVED)

LOI-16 SBE/DVBE PROGRAM

Bidders/Proposers are hereby notified that:

This project is funded with state and/or local funds and will comply with LACMTA's Small Business Enterprise (SBE) and Disabled Veteran Business Enterprise (DVBE) or Medium Size Business Enterprise (MSZ) program requirements. It is LACMTA's policy that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any contract or in the administration of its SBE/DVBEor MSZ programs.

LACMTA has recommended an SBE/DVBE goal for this project in the percentage of:

Twenty Percent(20%) of the Total Contract Price.

A. The SBE/DVBE goal is inclusive of a Seventeen Percent (17%) SBE goal and a Three Percent (3%) DVBE goal.

B. For a Bidder/Proposer to be considered responsive to the SBE/DVBE goal, it must meet or exceed the goal at time of Bid/Proposal due date. Good Faith Efforts (GFE) is no longer accepted if the goal is not met.

Bidders/Proposers that do not meet the goal will not be eligible for award.

C. Bidder/Proposer shall provide LACMTA, as part of its Bid/Proposal, a complete list (including names and addresses) of all subcontractors who will perform any portion of the required Scope of Services.

Bidders/Proposers shall include the Scope of Services and dollar amount(s) committed to each subcontractor.

D. SBE/DVBE Instructions provide guidelines on how SBE/DVBE commitments will be counted toward the goal and designate the SBE/DVBE Commitment Forms that must be completed and submitted by all Bidders/Proposers by the Bid/Proposal due date.

As-Needed Battery Supply and Install RFP No. PS139177

E. SBEs/DVBEs must perform a commercially useful function (CUF) during the performance of the contract.

An SBE/DVBE is presumed to be performing a CUF when it performs and exercises responsibility for at least thirty percent (30%) of the total cost of the contract work with its own workforce. LACMTA encourages Primes to consider joint venture opportunities with SBE or DVBE firms. The SBE or DVBE partner(s) shall perform a CUF. Currently, instructions for counting and calculating SBE/DVBE credit is included in the Instructions to Bidders/Proposers. As referenced in the Instructions, LACMTA will only credit SBE or DVBE participation for firms performing a CUF.

F. The level of SBE/DVBE participation Bidder/Proposer commits to in its Bid/Proposal becomes the Bidder's/Proposer's SBE/DVBE contract commitment. The SBE/DVBE commitment will be listed in the Special Provisions of the contract and shall be enforced by LACMTA. After award, SBE/DVBE commitments shall apply to contract options, changes and/or modifications. LACMTA will monitor SBE/DVBE commitments throughout the contract term, as described in the Contract Compliance Manual (State/Local), General Conditions and Special Provisions of the contract.

G. Firms must be SBE and/or DVBE certified by the Bid/Proposal due date to be counted toward the listed contract goal. LACMTA will accept the SBE and DVBE certifications from the listings below:

1. LACMTA certified Small Business Enterprise firms: A List of Certified Firms is provided as Exhibit 4 for your convenience, and shall be used to assist with outreach efforts. You may also locate LACMTA SBE firms for outreach through the LACMTA SBE Query Directory at http://smallbusinessquery.metro.net/main.

2. Disabled Veteran Business Enterprise: The California Department of General Services (DGS) - DVBE Directory can be found and used for outreach on the DGS website athttps://caleprocure.ca.gov/.

3. Bidder/Proposer shall submit, as part of its Bid/Proposal copies of all SBE/DVBE certification letters.

LOI-17 SBE SET-ASIDE PROGRAM (RESERVED)

LOI-18 MSZ PROGRAM

Bidders/Proposers are hereby notified that:

This project is funded with state and/or local funds and will comply with LACMTA's Small Business Enterprise (SBE) and Disabled Veteran Business Enterprise (DVBE) or Medium-Size Business Enterprise (MSZ) program requirements. It is LACMTA's policy that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any contract or in the administration of its SBE/DVBE or MSZ programs.

A. LACMTA has determined that this solicitation is a "Medium-Size Business Enterprise Program (MSZ-I)" project, pursuant to LACMTA's MSZ program guidelines:

1. Proposers are hereby notified that proposals for this state and/or locally funded project will only be considered from SBE firms that meet the MSZ-I definition.

http://smallbusinessquery.metro.net/main https://caleprocure.ca.gov/

As-Needed Battery Supply and Install RFP No. PS139177

2. If more than one responsive and responsible MSZ-I prime proposal is received, LACMTA may make an MSZ-I award. If no MSZ-I bid/proposal is received or if LACMTA is unable to make an award, the solicitation will be resolicited to the open market.

3. MSZ-I: A firm that is i). not a subsidiary of another firm. ii). has gross annual receipts (averaged over three years) that do not exceed one and a half times the Small Business Size Standards, as stated in dollars or the number of employees. The Size Standards are established by the Small Business Administration, set forth in 13 C.F.R. Part 121, identified by North American Industry Classification System (NAICS) Code(s). Proposers may obtain a PDF or Excel Version 2019 (or as amended), of the Table for download at https://www.sba.gov/document/support--table-size-standards.

4. Regardless of the above definition for an MSZ-I, a certified LACMTA SBE firm, a certified DBE firm by the California Unified Certification Program (CUCP) or certified DVBE by the Department of General Services are allowed to compete as primes for MSZ-I contracts. For firms seeking to bid/propose as a DBE/SBE/DVBE prime, you must be certified by the bid/proposal due date.

5. LACMTA does not have a database that identifies MSZs by NAICS codes. Therefore, the Letter of Invitation for the solicitation will announce the MSZ program. MSZ-I's responding to the solicitation shall identify themselves in the bid/proposal letter as an MSZ-I that meets the LACMTA definition, which will be validated by LACMTA.

6. Firms may joint venture (JV). An MSZ-I may 1). JV with one or more MSZ-I firms, 2). JV with one or more certified SBE/DBE/DVBE firms; and 3). Two or more certified SBE/DBE/DVBE firms may JV. In a joint venture, each firm individually must meet the MSZ-I eligibility criteria as described below:

a. A non-certified MSZ-I is a firm that is i). not a subsidiary of another firm and ii). has gross annual receipts (averaged over three years) that do not exceed one and a half times the Small Business Size Standards, as stated in dollars or the number of employees.

b. A certified LACMTA SBE firm, a certified DBE firm by the California Unified Certification Program (CUCP) or certified as a DVBE by the Department of General Services are allowed to compete for these contracts.

7. All Proposers are required to comply with the SBE/DVBE goal requirement as indicated in this Letter of Invitation.

8. Once the MSZ contract is awarded, the Prime contractor must perform at least 30% of the work/services.

9. All bidders/proposers must identify that their firm is an MSZ-I on the Bid Letter contained in this solicitation.

B. LACMTA has recommended an SBE and DVBE goals for this project in the percentage of:

Twenty Percent(20%) of the Total Contract Price.

1. The SBE and DVBE goals is inclusive of a Seventeen Percent (17%) SBE goal and a Three Percent (3%) DVBE goal.

2. For a Bidder/Proposer to be considered responsive to the SBE and DVBE goal, it must meet or exceed the goal at time of Bid/Proposal due date. Good Faith Efforts (GFE) is no longer accepted if the goal is https://www.sba.gov/document/support--table-size-standards

As-Needed Battery Supply and Install RFP No. PS139177 not met. Bidders/Proposers that do not meet the goal will not be eligible for award.

3. Bidder/Proposer shall provide LACMTA, as part of its Bid/Proposal, with a complete list (including names and addresses) of all subcontractors who will perform any portion of the required Scope of Services. Bidders/Proposers shall include the Scope of Services and dollar amount(s) committed to each subcontractor.

4. SBE/DVBE Instructions provide guidelines on how SBE and DVBE commitments will be counted toward the goal and designate the SBE and DVBE Commitment Forms that must be completed and submitted by all Bidders/Proposers by the Bid/Proposal due date.

5. SBEs/DVBEs must perform a commercially useful function (CUF) during the performance of the contract. An SBE/DVBE is presumed to be performing a CUF when it performs and exercises responsibility for at least thirty percent (30%) of the total cost of the contract work with its own workforce. LACMTA encourages Primes to consider joint venture opportunities with SBE or DVBE firms. The SBE or DVBE partner(s) shall perform a CUF. Currently, instructions for counting and calculating SBE and DVBE credit is included in the Instructions to Bidders/Proposers. As referenced in the Instructions, LACMTA will only credit SBE or DVBE participation for firms performing a CUF.

6. The level of SBE and DVBE participation Bidder/Proposer commits to in its Bid/Proposal becomes the Bidder's/Proposer's SBE and DVBE contract commitment. The SBE and DVBE commitment will be listed in the Special Provisions of the contract and shall be enforced by LACMTA. After award, SBE and DVBE commitments shall apply to contract options, changes and/or modifications. LACMTA will monitor SBE and DVBE commitments throughout the contract term, as described in the Contract Compliance Manual (State/Local), General Conditions and Special Provisions of the contract.

7. Firms must be SBE or DVBE certified by the Bid/Proposal due date to be counted toward the listed contract goal. LACMTA will accept the SBE and DVBE certifications from the listings below:

a. LACMTA certified Small Business Enterprise firms: A List of Certified Firms is provided as Exhibit 4 for your convenience and shall be used to assist with outreach efforts. You may also locate LACMTA SBE firms for outreach through the LACMTA SBE Query Directory at https://metro.gob2g.com/.

b. Disabled Veteran Business Enterprise: The California Department of General Services (DGS) - DVBE Directory can be found and used for outreach on the DGS website at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx.

c. Bidder/Proposer shall submit, as part of its Bid/Proposal copies of all SBE or DVBE certification letters.

C. LOCAL SMALL BUSINESS ENTERPRISE (LSBE) PREFERENCE

1. SBE Proposers that meet the LSBE criteria as a prime will receive a 5% preference credit added to their overall evaluation score.

2. Proposers that do not meet the LSBE criteria as a prime, but subcontract at least 30% of the contract value with eligible LSBE firms, will receive a 5 percent preference credit added to their overall evaluation score.

3. The LSBE preference will be added as bonus points above the maximum possible evaluation criteria scale.

https://metro.gob2g.com/ https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

As-Needed Battery Supply and Install RFP No. PS139177

4. Proposers must complete the LSBE Preference Section C in the Form 2 - Affidavit

5. To be eligible for the LSBE Preference, firms must meet the LSBE certification criteria outlined in Section 300 of the Diversity & Economic Opportunity Department SBE/DVBE Instructions To Bidders/Proposers.

6. To receive the LSBE Preference, eligible firms must be LACMTA LSBE certified six months prior to the submission of the firm's proposal.

7. A list of Certified LSBE firms was provided in the RFP for your convenience and shall be used to assist with outreach efforts. You may also locate LACMTA LSBE firms for outreach through the LACMTA LSBE Query Directory at https://metro.gob2g.com/?TN=metro.

8. Bidders must meet the SBE/DVBE goal to be eligible for the LSBE Preference.

F. For a List of Certified Firms please see Exhibit 4.

LOI-19 LSBE PREFERENCE

A. SBE Proposers that meet the LSBE criteria as a prime will receive a 5 percent preference credit added to their overall evaluation score; or

B. Proposers that do not meet the LSBE criteria as a prime, but subcontract at least 30% of the contract value with eligible LSBE firms, will receive a 5 percent preference credit added to their overall evaluation score.

C. The LSBE preference will be added as bonus points above the maximum possible evaluation criteria scale.

D. Proposers must complete the LSBE Preference Section C in the Form 2 - Affidavit

E. To be eligible for the LSBE designation firms must meet the LSBE certification criteria outlined in Section 300 of theDiversity & Economic Opportunity Department SBE/DVBE Instructions to Bidders/Proposers.

F. A list of Certified LSBE firms was provided in the RFP for your convenience and shall be used to assist with outreach efforts. You may also locate Metro LSBE firms for outreach through the Metro LSBE Query Directory at https://metro.gob2g.com/?TN=metro.

G. Proposers must meet the SBE and DVBE goal to be eligible for the LSBE Preference.

LOI-20 LOI SIGNATURES

For this solicitation, the resulting Contract is set up to be conducted electronically, including the use of electronic signatures. If you wish to opt out of electronic transactions for the Contract, you must notify the Contract Administrator in writing.

Issued by:

As-Needed Battery Supply and Install RFP No. PS139177

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Carolina Gyodakyan Senior Contract Administrator

As-Needed Battery Supply and Install

II. PROPOSAL INSTRUCTIONS

As-Needed Battery Supply and Install RFP No. PS139177

INSTRUCTIONS TO PROPOSERS

IP-01 PRE-QUALIFICATION REQUIREMENTS

A. Pre-Qualification applies to primes, first tier subcontractors and direct suppliers to LACMTA. Pre- Qualification is required for all firms not exempted from the process if their bid or proposal will exceed $500,000 for non-Construction contracts. Pre-Qualification is required of all firms not exempted from the process regardless of amount for public works construction contracts. Failure to do so may cause your Proposal to be rejected as non-responsive.

B. Contractor Pre-Qualification Applications must be emailed to Pre-Qual@metro.net, the LACMTA Pre- Qualification Office, no later than the Proposal due date and time. DO NOT insert copies of pre-qualification documents in your Proposal. All first-tier subcontractors must be pre-qualified prior to performing any Services. Contractor is responsible for ensuring a timely submittal of all Contractor Pre- Qualification Applications.

C. For contact information, please refer to the Letter of Invitation (LOI). For detailed instructions, refer to the Contractor Pre-Qualification Application which can be downloaded from LACMTA's Pre-Qualification website, or provided by the Pre-Qualification Office.

IP-02 CONTRACTOR REGISTRATION LAW

To be considered for this contract, Proposers and their subcontractors must be registered with Department of Industrial Relations to be eligible to propose and work on public works projects in accordance with California Labor Code §1725.5.

Pursuant to California Labor Code §1725.5, no contractor or subcontractor may (1) be listed on a proposal for a public works project unless registered with the Department of Industrial Relations, or (2) be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations.

A list of all registered firms may be found on the California Department of Industrial Relations (DIR) website so that awarding bodies and contractors will be able to comply with requirements to only use registered contractors and subcontractors.

LACMTA shall not accept any proposal nor award any contract without proof of the contractor's and subcontractor's current registration.

IP-03 EXAMINATION OF RFP DOCUMENTS

A. All Proposals shall be submitted in strict accordance with the RFP documents.

B. Copies of the solicitation and LACMTA responses to all written questions, requests for interpretation, and requests for clarification will be available as provided in this RFP. The Proposer is solely responsible for the examination of solicitation documents, reviewing all amendments, and comprehending all conditions that may impact the Proposal and the performance of the Services should the Proposer be selected. Failure of the Proposer to examine and inform itself is at its sole risk.

mailto:Pre-Qual@metro.net http://media.metro.net/uploads/EBB/PQA/images/Pre-Qualification.pdf

As-Needed Battery Supply and Install RFP No. PS139177

IP-04 INTERPRETATION OF RFP DOCUMENTS

A. Requests for interpretation or clarification of the solicitation documents shall be submitted in writing. All written requests shall be submitted to the Contract Administrator identified in the LOI. Written responses to requests for interpretation or clarification will be provided to all prospective Proposers.

B. To ensure that responses are provided to all prospective Proposers, inquiries shall be received at least ten

(10) working days prior to the submittal due date. Where such interpretation or clarification requires a change in the solicitation documents, LACMTA will issue an amendment.

C. LACMTA shall not be bound by, and the Proposers shall not rely on for any purpose, any oral interpretation or oral clarification of the solicitation documents.

IP-05 COMMUNICATION WITH LACMTA OTHER THAN THE CONTRACT ADMINISTRATOR

Any written correspondence with the following support groups should include a copy to the attention of the Contract Administrator identified in the LOI.

A. Pre-Qualification addressed in PRE-QUALIFICATION REQUIREMENTS, which should be directed to the Pre-Qualification Department as indicated in the LOI, and

B. Diversity and Economic Opportunity, which should be directed to the Diversity and Economic Opportunity Department (DEOD), as indicated in the LOI.

IP-06 AMENDMENTS

A. LACMTA reserves the right to revise the solicitation documents prior to the Proposal submittal due date.

Such revisions, if any, will be made by amendment to this RFP.

B. Proposers shall acknowledge receipt of all amendments to the solicitation documents in the Proposal Letter. Failure to acknowledge receipt of all amendments and to include all the requirements of the amendments in the Proposal may render the Proposal unacceptable and cause it to be rejected.

C. Prior to submitting the Proposal to LACMTA for consideration, each Proposer is responsible for checking the LACMTA website to ensure that it has received all applicable amendments.

IP-07 PREPARATION OF SUBMITTAL

A. The Proposal shall be formatted in accordance with the requirements specified in the solicitation documents (see Submittal Requirements). Proposers shall complete and submit all required forms in accordance with the directions specified in this RFP and on the forms provided herein. All required explanatory narratives and the supplementary data are to be included with the Proposal forms as indicated.

B. Proposals shall contain concise written materials that enable the reviewer to clearly understand the Proposer's capabilities.

C. Proposals shall specifically describe the Proposer's role and relationship to its proposed subcontractors and suppliers, and describe the work allocation and organizational controls interfaces with said proposed

As-Needed Battery Supply and Install RFP No. PS139177 subcontractors and suppliers.

D. Pencil or erasable ink shall not be accepted. Initial all modifications made to the Proposer's entries and identify the Proposer's name on the top right of each page, or subcontractor's name when applicable.

Liquid or dry correction materials shall not be used.

E. Failure to comply with the requirements outlined in these solicitation documents may render a Proposal incomplete and may cause rejection of the Proposal. This RFP does not commit LACMTA to enter into a contract nor does it obligate LACMTA to pay for any costs incurred in the preparation and submission of Proposals.

IP-08 MODIFICATIONS AND ALTERNATIVE PROPOSALS

A. Proposers are cautioned to limit exceptions, conditions, qualifications and limitations to the provisions of this RFP as they may be determined by LACMTA to cause the Proposal to be deemed non-responsive.

LACMTA may determine in its sole discretion whether a Proposal is responsive and reserves the right but assumes no obligation to waive deficiencies, informalities and irregularities to the maximum extent permitted by law.

B. Proposers submitting conforming Proposals may submit alternate Proposals to this RFP as complete separate Proposals if the alternate Proposals offer technical improvements or modifications that are to the overall benefit of LACMTA. An alternate Proposal must be equal to or better than the original requirements of the Contract Documents, as determined by LACMTA in its sole discretion. LACMTA reserves the right, at its sole discretion, to accept or reject any alternate Proposal. An alternate Proposal will not be considered by LACMTA if it would reduce quality, performance or reliability. The decision to accept or reject an alternate Proposal shall not be grounds for protest by any Proposer. Oral or telephonic Proposals and/or modifications shall not be considered.

Any alternative Proposals accepted by LACMTA will be evaluated in accordance with the Evaluation Criteria in this RFP.

IP-09 SIGNING OF PROPOSAL AND AUTHORIZATION TO NEGOTIATE

A. An Authorized Representative with the full legal authority to commit the Proposer shall execute the Proposal Letter and all required Proposal forms and other solicitation documents.

B. If the Proposer is a joint venture or partnership, it shall submit with its Proposal a duly notarized Venturer or Partner-executed Irrevocable Power of Attorney that designates the Proposer's Authorized Representative and a copy of the properly executed Joint Venture or Partnership Agreement. The Proposer's Authorized Representative shall be empowered to execute the Proposal on behalf of the Proposer and to act for and bind the Proposer in all matters relating to the Proposal. The Irrevocable Power of Attorney and the Joint Venture or Partnership Agreement shall specifically state that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of the Proposer that are assumed under any contract arising from the Proposal. The Proposer's Authorized Representative shall execute the Proposal on behalf of the joint venture or partnership in its legal name.

C. Proposers shall submit sufficient documentation to (1) establish the legal authority of the identified Authorized Representative(s) to act on behalf of the Proposer, and (2) define the scope of the Authorized Representative's authority.

As-Needed Battery Supply and Install RFP No. PS139177

IP-10 SUBMISSION OF PROPOSAL

A. LACMTA will accept Proposals submitted by the Proposer at the address and place shown in the LOI, up to the date and time shown therein.

B. It is the Proposer's sole responsibility to see that its Proposal is received as required. LACMTA may leave unopened any Proposal received after the date and time for receipt of Proposals. Any such unopened Proposal may be returned to the Proposer.

IP-11 PROPOSAL EVALUATION PROCESS

A. LACMTA will review and evaluate the Proposals in accordance with the Evaluation Criteria, Exhibit 3, and the requirements of the solicitation documents. Following the evaluation period, the Notice of Intent to Award will be sent to all proposers.

B. During the Proposal evaluation period, staff shall determine if Proposals are responsive and Proposers are responsible. Responsiveness is defined to mean the Proposal must comply in all material respects with the RFP, as determined by LACMTA. Responsibility is defined as the apparent ability of the Proposer to meet and successfully complete the requirements of the Contract. Responsibility determination includes, but is not limited to, consideration of a Proposer's trustworthiness, the quality of past performance, financial ability, and fitness and capacity to provide the proposed Services in a satisfactory manner. Proposers may be required by LACMTA to present further evidence that they have successfully performed similar services of comparable magnitude or provide other proof satisfactory to LACMTA that they are competent to successfully perform the Services.

C. A debriefing is available to Proposers after award. Proposers must request the debriefing in writing within five (5) days of receipt of the Notice of Intent to Award. Any request for a debriefing should be addressed to the Contract Administrator identified in the LOI.

IP-12 WITHDRAWAL OF SUBMITTAL

The Proposer, by means of a written request signed by the Proposer's Authorized Representative, may withdraw a Proposal. Such written request shall be delivered to the Contract Administrator identified in the LOI prior to the award recommendation.

IP-13 LACMTA RIGHTS

LACMTA may investigate the qualifications and responsibility of any Proposer under consideration, inclusive of, but not limited to, the information provided in the Contractor Pre-Qualification Application, Proposal, or any other information available to LACMTA. LACMTA may require confirmation of information furnished by a Proposer, and require additional evidence of qualifications and responsibility to perform the Services described in this RFP.

LACMTA reserves the right to take any of the actions below:

A. Reject any or all of the Proposals, at its discretion;

B. Remedy errors in the RFP;

As-Needed Battery Supply and Install RFP No. PS139177

C. Cancel the entire RFP;

D. Issue subsequent RFP;

E. Amend the RFP before and after receipt of Proposals;

F. Exercise its sole discretion to determine matters of responsiveness and issues that may be cured or addressed through evaluation of the criteria and sub-criteria identified in the RFP, and request further or additional information from any or all Proposers;

G. Appoint evaluation committees to review Proposals;

H. Seek the assistance of outside technical experts to review Proposals;

I. Request clarification from any or all Proposers of any information contained in Proposals;

J. Conduct discussions with any or all of the Proposers;

K. Approve or disapprove the use of particular subcontractors and suppliers;

L. Establish a list of Proposers within a competitive range for purposes of discussions or negotiations;

M. Solicit best and final offers (BAFO) from all or some of the Proposers;

N. Exercise its discretion in evaluating Proposals according to the Evaluation Criteria to determine the Proposal most advantageous to LACMTA;

O. Negotiate with any, all or none of the Proposers;

P. Award a contract to one or more Proposers;

Q. Accept other than the lowest priced Proposal;

R. Disqualify the Proposal(s) upon evidence of an organizational conflict of interest, false or misleading certifications or representations in its Proposal, or collusion with intent to defraud or other illegal practices on the part of the Proposer(s);

S. Waive any informalities or irregularities in any Proposal, to the extent permitted by law;

T. Award a contract without interviews, discussions or negotiations;

U. Require, as a condition to the award of any contract, security from Proposers for the full and faithful performance and completion of the contract in a form determined by LACMTA in its sole discretion, including without limitation payment bonds, performance bonds, letters of credit and guarantees from shareholders of the Proposer or otherwise;

V. Require, in its sole discretion, Proposers to provide current cost and pricing data;

W. Examine any books, records, accounts and other documents of any Proposer as it relates to the Proposal;

and

As-Needed Battery Supply and Install RFP No. PS139177

X. Accept, reject, or negotiate the terms of any alternate Proposal.

IP-14 PUBLIC RECORDS ACT

A. Responses to this RFP are subject to the provisions of the California Public Records Act (California Code Government Code § 6250 et seq.).

B. Any documents, including financial records, provided by the Proposer/Contractor to LACMTA marked "Trade Secret," "Confidential," or "Proprietary" provided by the Proposer/Contractor to LACMTA shall be handled in accordance with the Section titled PUBLIC RECORDS ACT in the Regulatory Requirements.

IP-15 DISQUALIFICATION OF PROPOSERS

A. Organizational conflict of interest restrictions apply to this RFP Process. Organizational conflicts of interest are fact dependent and may arise in various situations or circumstances, including but not limited to, as referenced in the SPECIAL PROVISION entitled

ORGANIZATIONAL CONFLICTS OF INTEREST.

B. As noted above, organizational conflicts of interest are fact dependent, and the party with the greatest access to the relevant facts as to whether a Proposer has an organizational conflict of interest will always be the Proposer itself. LACMTA is the ultimate arbiter of whether a Proposer has an organizational conflict of interest. LACMTA has determined that it is not appropriate for LACMTA to:

1. Evaluate a particular Proposer's circumstances before receiving all the facts that would be included in a proposal;

2. Give legal advice; or

3. Make a business decision for a Proposer concerning participation in a procurement.

C. Proposers are prohibited from:

1. Directly or indirectly obtaining any advice or engaging in discussions relating to the Project or the RFP Process from or with; or

2. Including on its Proposer team, any person or entity with an organizational conflict of interest.

Proposers are responsible for identifying any potential or actual organizational conflict of interests before obtaining any advice or engaging in any discussions relating to the Project or the RFP Process and when determining who to include within the Proposer team.

D. By submitting a Proposal, each Proposer agrees that if any perceived, potential, or actual organizational conflict of interest is discovered after the Proposer has submitted its Proposal, the Proposer will make an immediate and full written disclosure to LACMTA that includes:

1. The names and contact information of the persons or entities to which the perceived, potential, or actual organizational conflict of interest relates;

As-Needed Battery Supply and Install RFP No. PS139177

2. A description of the perceived, potential, or actual organizational conflict of interest; and

3. A description of the action that the Proposer has taken, or proposes to take, to avoid or mitigate such perceived, potential, or actual organizational conflict of interest.

E. The process for responding to any LACMTA organizational conflict of interest finding shall be governed by LACMTA's organizational conflict of interest policy and Administrative Code.

IP-16 FILING OF PROTESTS

A. All protests must be filed and resolved in accordance with LACMTA's Protest Procedures.

B. Appeals from the denial of Pre-Qualification must be filed and resolved in accordance with LACMTA's procedures for denial of Pre-Qualification (available for download at LACMTA's Pre-Qualification website).

IP-17 EVALUATION CRITERIA EXHIBIT

This solicitation incorporates the Evaluation Criteria document(s) as an exhibit. Please see Exhibit 3 for the full text of the Evaluation Criteria document(s).

END OF INSTRUCTIONS TO PROPOSERS

http://media.metro.net/ebb/protest.pdf https://www.metro.net/about/business/pre-qualification/

As-Needed Battery Supply and Install RFP No. PS139177

DEOD INSTRUCTIONS

DI-01 - INSTRUCTIONS TO BIDDERS/PROPOSERS

SECTION 100 - SBE/DVBE PROGRAM

100 LACMTA POLICY STATEMENT: The Los Angeles County Metropolitan Transportation Authority (LACMTA) is the recipient of non-federal funds from state and local funding sources. It is LACMTA's policy to provide maximum opportunity for Small Business Enterprises(s) and Disabled Veteran Business Enterprise(s) to compete and to foster increased SBE/DVBE participation in its procurement and contracting program.

LACMTA shall take the following necessary and reasonable steps to ensure nondiscrimination in the award and administration of non-federally funded contracts.

A. To take all reasonable steps to ensure nondiscrimination in the award and administration of non-federally funded contracts.

B. Create a level playing field on which SBEs/DVBEs can compete fairly for LACMTA contracts.

C. Ensure that only firms that fully meet the eligibility requirements of LACMTA's or the Bay Area Rapid

Transit (BART) SBE Program and the California Department of General Services (DGS) DVBE certification criteria are permitted to participate as SBE/DVBEs.

D. Assist in removing barriers to allow the participation of SBEs/DVBEs in LACMTA contracts.

E. Assist the development of firms that can compete successfully in the marketplace outside the SBE/DVBE program.

101 INTERPRETATION: Any conflict, error, omission or ambiguity which may arise between these instructions, California law and LACMTA's SBE/DVBE Program shall be resolved first in favor of California law and second in favor of LACMTA's SBE/DVBE program. Failure of a Bidder/Proposer or its subcontractors, consultants, suppliers, or other entities to carry out these requirements may be grounds for LACMTA to implement administrative penalties or other remedies imposed by LACMTA.

102 SUSPENSION OR DEBARMENT: Suspension or debarment proceedings shall be initiated by LACMTA against any firm that:

A. The contractor attempts to participate in the LACMTA SBE/DVBE Program as an SBE/DVBE prime or subcontractor if the firm does not meet the eligibility criteria stated in the Certification Standards for SBE/DVBE programs and if it attempts to participate on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty.

B. Attempts to participate in the LACMTA MSZ Program as an MSZ-I or MSZ-II if the firm does not meet the eligibility criteria stated in LACMTA's MSZ Program policy, and if it attempts to participate on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty.

C. In order to meet the SBE/DVBE subcontracting goals or other SBE/DVBE program requirements, the contractor, uses or attempts to use on the basis of false, fraudulent or deceitful statements or representations, another firm that does not meet the SBE/DVBE eligibility criteria stated in the certification…