RFP_-_Regional_Fare_Study_Consultant_(Addendum_#2_Revision).pdf

2024-RFP-009

RFP - REGIONAL FARE STUDY CONSULTANT

NEORide

One Park Center Drive

Wadsworth, OH 44281

RELEASE DATE: October 23, 2024

DEADLINE FOR QUESTIONS: November 8, 2024

RESPONSE DEADLINE: December 20, 2024, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/neoride

NEORide

RFP - Regional Fare Study Consultant

I. LEGAL NOTICE

II. INSTRUCTIONS TO PROPOSERS

III. SCOPE OF WORK

IV. PROPOSAL SUBMISSION PROVISIONS

V. PROPOSAL EVALUATION & CONTRACT AWARD

VI. EVALUATION CRITERIA

VII. GENERAL TERMS & CONDITIONS

VIII. FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS

IX. PROPOSAL SUBMISSION (VENDOR FORMS & ATTACHMENTS)

X. PRICING SHEET

#2024-RFP-009

Title: RFP - Regional Fare Study Consultant

1. LEGAL NOTICE

Wednesday, October 23, 2024

Request for Proposals

RFP - Regional Fare Study Consultant

RFP #2024-RFP-009

1.1. Summary

NEORide is seeking proposals for a RFP - Regional Fare Study Consultant. The scope of work/specifications is outlined in the Request for Proposal (RFP). The successful Proposer shall meet the terms and conditions set forth in this document and all other attachments.

All interested contractors must register as detailed in the solicitation. All questions should be submitted electronically via the Portal’s Question and Answer (Q&A) tab.

All proposals must be received electronically on or before Friday, December 20, 2024 at 4:00 pm (EST) via the Portal

The right is reserved to accept any proposal/bid or any part or parts thereof or to reject any and all proposals/bids. Acceptance of any proposal/bid is subject to concurrence by the Ohio Department of

Transportation and the United States Department of Transportation.

Any contract resulting from these proposals is subject to financial contract between NEORide and the

United States Department of Transportation and the Ohio Department of Transportation.

NEORide hereby notifies all proposers that, regarding any contract entered into pursuant to this RFP, advertisement or solicitation, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response and will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award.

1.2. Background

NEORide is a Council of Governments with the goal of supporting coordinated public transit. NEORIDE is a council of governments including membership of the 36 regional transit agencies. The 36 agencies that comprise NEORIDE run ahead of the curve in many aspects of public transportation from innovative program development and multi-county transit coordination.

NEORide and its partner public transit agencies currently utilize a single fare payment system called

EZfare. EZfare is the largest multi‐county mobile ticketing system in the country that allows for transit passengers to purchase fares in a single app or utilize an EZfare smartcard. The goal of this project is to take this integration one step further by working cooperatively on a planning study that would analyze the feasibility of creating a regional fare structure that transit riders could utilize across all participating systems.

In 2019, NEORide selected Masabi to develop a regional electronic payment solution, EZfare. EZfare is a fare collection as a service (FCaaS) platform that aims to improve customer satisfaction, efficiency and regional coordination. Riders can use EZfare by purchasing tickets through the EZfare mobile app, the

EZfare website, the EZfare trip planning applications (e.g., Transit App, the Moovit App). Transit agencies participating in this project also have either JRV or Val-100 onboard validators that easily allow riders to scan their phone to utilize tickets. Riders can also load value to their EZfare accounts by depositing cash at thousands of partner retail locations nationwide.

In 2024, NEORide completed a new procurement for EZfare which was won by Masabi. This has added capabilities such as ticket vending machines and account-based ticketing with potential future implementation of EMV.

NEORide is releasing this request for proposal (RFP) for a consultant to provide recommendations on possible regional fare products, technology, and reconciliation. Once the study is complete, it will be implemented not only in Northeast Ohio but also be applicable to other regions of the state and the country

1.3. Contact Information

Project Contact:

Katherine Conrad Executive Director One Park Centre Dr., Suite 300 Wadsworth, OH 44281 Email: katherinec@neoride.org Phone: (330) 334-6877

Procurement Contact:

Naomi Wells Small Urban Coordinator 1 Park Centre Wadsworth, OH 44281 Email: naomiw@neoride.org Phone: (234) 226-5863

Department:

NEORide

Department Head:

Katherine Conrad Executive Director

1.4. Timeline

Procurement Schedule

Project Posted October 23, 2024

Deadline for questions, clarifications and approved equal requests:

November 8, 2024, 4:00pm mailto:katherinec@neoride.org tel:(330)334-6877 mailto:naomiw@neoride.org tel:(234)226-5863

Deadline for responses to questions/clarifications and approved equals:

November 22, 2024, 4:00pm

Proposals due: December 20, 2024, 4:00pm

2. INSTRUCTIONS TO PROPOSERS

2.1. Purpose

This solicitation seeks bidders for: RFP - Regional Fare Study Consultant. The Contract shall be awarded for one (1) year, commencing in 2025. Bidders must specify a fixed cost for each line item on the

#PRICING SHEET herein.

NEORide follows a procurement process that ensures free and open competition and requires that prices be verified as fair and reasonable.

2.2. Terminology

“Proposal” or "Bid" refers to the document drafted and submitted by the Proposer(s) in response to the

Request for Proposal (RFP).

“Proposer” (also referred to as "Contractor") refers to the entity submitting the Proposal.

"NEORide" or "Agency" is the government entity who is soliciting proposals with this RFP.

“Request for Proposals” (or "RFP") refers to the document prepared by NEORide which outlines the scope of work of the Contractor’s project and is used to solicit proposals for the project.

2.3. Solicitation Monitoring

All interested proposers must follow the solicitation in the e-Procurement Portal once it is posted.

Only Proposers who follow the solicitation will receive copies of questions, answers, addenda and notices.

2.4. Proposal Submission

All proposals are due NO LATER THAN 4:00 pm on Friday, December 20, 2024. Proposals received after the scheduled due date and time for submission will not be accepted. Proposals submitted in any other format other than via the Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will NOT be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed.

NEORide will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither NEORide, nor the Software Administrator

(OpenGov), will be held responsible. Proposers shall be solely responsible for ensuring the capability of their computer system while responding to this RFP, and for the stability of their internet service.

Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Proposer is using to submit a response. Failure of the Proposer to successfully submit an electronic Proposal before the deadline indicated herein shall be at the Proposer’s sole risk, and no relief will be given for late and/or improperly submitted Proposals. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Proposer will also receive an email confirmation from the Portal.

2.5. Proposal Requirements

Proposals shall be prepared in a clear, concise, and economical manner according to the requirements in the #PROPOSAL SUBMISSION (VENDOR FORMS & ATTACHMENTS) section. As Pricing is https://procurement.opengov.com/governments/4328/portal/butlercountyrta/projects/124806/document?section=1116975 https://procurement.opengov.com/governments/4328/portal/butlercountyrta/projects/124806/document?section=1116972 submitted in a separate section (#PRICING SHEET), pricing information must not be included in the body of the submission. Proposal pages, if applicable, shall be numbered sequentially and include a table of contents with headings that references relevant page numbers. Any information the Proposer submits is expected to be concise and relevant to the RFP.

Proposals that do not adhere to the requirements of Proposal Submission, are difficult to read or are deemed otherwise illegible by NEORide may be rejected.

2.6. Postponement or Cancellation of Request for Proposals

NEORide reserves the right to cancel, amend, or re-issue this RFP at any time, or change the date and time for submitting proposals, by announcing same prior to the date and time established for Proposal submittal. This Announcement will be made via Notice or Addenda in the Portal.

2.7. Questions and Requests for Clarification

No oral interpretations as to the meaning of the RFP will be made to any Proposer. Any explanation desired by a Proposer regarding the meaning or interpretation of the RFP or its contents, questions about the process and any other requests for clarification of the RFP should be directed to the Procurement department at NEORide via the Portal’s Question and Answer (Q&A) tab prior to the deadline for questions, clarifications and approved equal requests mentioned above. No other method of submission will be accepted or considered.

Any interpretation or change made will be in the form of a Notice or an addendum to the RFP as appropriate and will be released as promptly as is practicable to all parties who are following the RFP no later than Friday, November 22, 2024. All addenda will become part of the RFP and any subsequently awarded Contract. Oral explanations, statements, or instructions given by NEORide before the award of the Contract will not be binding upon NEORide.

2.8. Addenda

Receipt and review of Addenda by each Proposer must be acknowledged electronically via the Portal.

2.9. Examination of RFP and Contract Documents - Services

Proposers are expected to examine the scope of services required, schedules, and additional instructions, if any. Failure to do so will be at the Proposer's risk. It is the intent of these specifications to provide services of first quality, and the workmanship must be the best obtainable in the various trades. The services, which the vendor proposes to provide, must be high quality in all respects. No advantage will be taken by Contractor or vendor in the omission of any part or detail, which goes to make the services complete. It is the sole responsibility of Contractor to read the scope requirements and understand them.

The submission of a Proposal shall constitute an acknowledgment upon which NEORide may rely that the

Proposer has thoroughly examined and is familiar with the solicitation, including any work site identified in the RFP, and has reviewed and inspected all applicable statutes, regulations, ordinances, and resolutions addressing or relating to the services to be provided hereunder. The failure or neglect of a

Proposer to receive or examine such documents, work sites, statutes, regulations, ordinances, or resolutions shall in no way relieve the Proposer from any obligations with respect to its Proposal or to any

Contract awarded pursuant to this RFP. No claim for additional compensation will be allowed which is https://procurement.opengov.com/governments/4328/portal/butlercountyrta/projects/124806/document?section=1116975 based on lack of knowledge or misunderstanding of this RFP, work sites, statutes, regulations, ordinances, or resolutions.

2.10. Cost of Proposals

NEORide is not liable for any costs incurred by Proposers in the preparation, presentation, testing, or negotiation of Proposals submitted in response to this solicitation.

2.11. Location of RFP Services

The services described in the Proposal must be performed within the United States.

3. SCOPE OF WORK

3.1. Summary

NEORide is seeking bidders for a RFP - Regional Fare Study Consultant. Bidders must specify a fixed cost for each line item on the pricing sheet. NEORide follows a procurement process that ensures free and open competition and requires that prices be verified as fair and reasonable.

Proposers should provide a brief outline of their capabilities as they relate to this project and submit a firm, fixed price for the services described.

3.2. Project Details

The goal of this project is to take this integration one step further by working cooperatively on a planning study that would analyze the feasibility of creating a regional fare structure that transit riders could utilize across all participating systems. By implementing this single fare payment system, it would remove the barrier that both riders and employees face of purchasing multiple fares and ticket types to move between counties. In addition, fares could be capped across all counties ensuring that those purchasing tickets have the most equitable rate. Businesses will also have the ability to easily purchase and distribute these multi‐ county fares to employees and/or potential employees through a seamless online portal.

In addition, the transits will work to expand accessibility by creating a Regional pass through EZfare which would allow transit users to have a single pass that would be eligible across all participating agencies. The proposer should identify if coordinated fare payment system should be done regionally or perhaps include all of EZfare. The project will have a strong marketing component connecting both employers and potential employees to transit services. Fare products will include both fixed route, paratransit and microtransit.

The study would assess the current fare structures of transit agencies participating in the EZfare program in the state of Ohio and develop a fare structure for a regional pass. As a part of the study NEORide along with the selected vendor will provide recommendations on possible regional fare products, technology, and reconciliation. Once the study is complete, it should be applicable not only in Ohio but also be applicable to other regions of the state and the country within the EZfare system.

Transit agencies participating in this study include: METRO RTA, Stark Area Regional Transit Authority

(SARTA), Medina County RTA, Portage Area Regional Transportation Authority (PARTA), Greater

Cleveland RTA (GCRTA), and Laketran.

Project will start upon award of this contract and must be completed within a 9 month timeline.

3.3. Tasks & Deliverables

Task 1: Needs Assessment

This task consists of two subtasks: assessing existing fare structures processes and assessing regional needs.

A. Assessment of Existing Conditions: As a part of this task, the vendor will assess existing fare infrastructure/technology, fare structures and reconciliation processes for EZfare agencies. The vendor shall include analysis of current EZfare users, to include:

o Number of subscriptions o Frequency of use o Type of fares used o Frequency of fare type use o Use of multi-agency passes—where applicable

B. Assessment of Regional Needs: The vendor shall determine the specific fare-related needs for agencies and region as a whole. This effort shall include carrying out interviews with key staff members from the stakeholder agencies as well as the public.

The vendor shall get input from the public, individuals and employers who rely on public transit, to understand the current fare structures and their needs with regards to a new regional fare product. The public input shall be through focus groups that will be organized, carried out and managed by the vendor

Deliverables:

• Draft current conditions report

• Draft needs assessment report

• Final needs assessment and current conditions report

Task 2: Peer Review

Transit agencies across the country have deployed fare products which can be used between multiple agencies, especially across metro‐cities with multi‐agency transit networks. The vendor shall conduct an industry review and identify agencies which have deployed similar regional products. Peer review will provide NEORide agencies with references of agencies deploying similar products. The Peer review document shall include descriptions and details about each of such fare programs, their use and lessons learned from implementation of the same.

Deliverables:

• Peer review presentation

• Peer review report

Task 3: Fare Structure Assessment and Fare Model

This task is comprised of two subtasks: a- fare adjustments recommendations; and b- building a fare model.

A. Fare Adjustments Recommendations: Following the needs assessment, the vendor shall assess fare structures for participating agencies. Based on the vendor’s assessment of the stakeholders’ fares, the peer analysis and the input from the Needs Assessment subtasks, the vendor shall make a set of recommendations regarding, at least the following:

o Fare structure adjustments o New agency-fare products o New regional products o To cover fixed-route, paratransit and microtransit services

Each recommendation shall have a few alternatives as these will be used in the next subtask, Fare Model. Alternatives will be analyzed to determine the best fare structure for the region. The stakeholders shall have the opportunity to review the recommendations with the vendor and suggest changes and/or other alternatives.

The fare structures/model should align with Federal Regulations.

B. Fare Model: Once the set of recommendations, from the previous subtask, is agreed upon, the vendor shall proceed with developing a fare model to facilitate the quantitative aspect of the evaluation of fare structure options. The fare model shall be built with the following, not a complete list, as input:

o Specific fares from stakeholders o Fare elasticities based on actual region data and not on “rule of thumb” such as Simpson-Curtin’s

(please include this as an optional price) o Stratified by:

1. Frequency of users

2. Fare product

3. Discount/non-discount

4. Senior/non-senior—where appropriate

v. Student/non-student—where appropriate

Once the model is created and calibrated, the vendor shall run several scenarios of different products and fares. The stakeholders shall review the scenarios with the vendor and shall have the opportunity to request additional scenarios to be run. The fare model shall help create estimates for ridership and revenue impacts of alternative fare structures.

• Fare structure analysis report

• Draft report on regional product recommendations

• Final report on regional product recommendations

• Fare model

Task 3: Regional Fare Allocation and Reconciliation

The vendor shall develop revenue sharing options to achieve equitable allocation of fare revenue between agencies wanting to pursue a regional fare product. The vendor shall provide several fare-sharing scenarios that includes, but not limited to:

• Distance based

• Travel time based

• Origin or destination based

Using the preferred fare structure (from the fare model subtask), the vendor shall provide summaries of the various scenarios’ impact on each stakeholder’s fare revenue. The stakeholders shall have the opportunity to review these scenarios with the vendor.

• Draft report on allocation and reconciliation options

• Final report on allocation and reconciliation options

Task 4: Regional Pass Products and Reconciliation

Building upon the fare model and revenue forecasting analysis, the vendor will develop alternatives for potential fare products. These alternatives will be shared with different stakeholders for their feedback. The vendor will develop revenue sharing options to achieve equitable allocation of fare revenue between agencies wanting to pursue a regional fare product.

Deliverables:

• Draft report on regional product recommendations

• Draft report on reconciliation options

• Workshops

• Final report on regional product recommendations

• Final report on reconciliation options

Task 5: Final Report

The vendor will compile findings from previous tasks in a final report which would provide an overview of the study process, the input received from various stakeholders, fare product recommendations, fare model, revenue impacts and recommendations. The final report shall include an Executive Summary of the analysis and recommendations.

Final report will also include recommendations on implementation strategy of regional fare products.

Deliverables:

• Draft final report

• Final report

4. PROPOSAL SUBMISSION PROVISIONS

4.1. Modification or Withdrawal of Proposals Prior to Submittal Date and Late Proposals

At any time prior to the Proposal opening, a Bidder may withdraw or modify its Proposal in the Portal.

Any Proposal or modification of Proposal received after the exact time specified for Proposal receipt will not be considered.

4.2. Errors and Administrative Corrections

NEORide will not be responsible for any errors in Proposals. Bidders will only be allowed to alter

Proposals after the submittal deadline in response to requests for clarifications by NEORide. NEORide reserves the right to request an extension of the procurement period from Proposers.

NEORide reserves the right to allow corrections or amendments to be made that are due to minor administrative errors or irregularities, such as errors in typing, transposition or similar administrative errors. Other changes or requests made by the Proposers must be sent to the Procurement Contact and initialed by the person signing the Proposal.

4.3. Compliance with RFP Terms and Attachments

NEORide intends to award a Contract based on the terms, conditions, and attachments contained in this

RFP. Proposers are strongly advised to not take any exceptions. Proposers shall submit Proposals which respond to the requirements of the RFP. An exception is not a response to an RFP requirement. If an exception is taken, a “Notice of Exception” must be submitted with the Proposal. The “Notice of

Exception” must identify the specific point or points of exception and provide an alternative.

Proposers are cautioned that exceptions to the terms, conditions, and attachments may deem the

Submission non-responsive and result in rejection of the Proposal.

4.4. Collusion

The Proposer guarantees that the Proposal submitted is not a product of collusion with any other

Proposer, and no effort has been made to fix the Proposal price of any Proposer or to fix any overhead, profit, or cost element of any Proposal price.

If NEORide determines that collusion has occurred among Proposers, none of the Proposals from the participants in such collusion shall be considered. NEORide's determination shall be final.

4.5. Pricing, Taxes, and Effective Date

The price to be quoted in any Proposal will include all items of labor, materials, tools, equipment, delivery, and other costs necessary to fully meet the requirements of NEORide. Any items omitted, which are clearly necessary for the completion of this project, will be considered a portion of such specifications or requirements, although not directly specified.

NEORide is exempt from payment of Federal Sales, Excise and Transportation Tax, and the Ohio Sales, Excise and Use Tax. As such, proposers will not include these taxes in their price(s). All other government taxes, duties, fees, licenses, permits, royalties, assessments, and charges shall be included in the proposed price.

In the event of a discrepancy between the unit price and the extended amount for a required item, the unit price will govern. The price quoted by the proposing firms will not change for a period of ninety (90) days, beginning from the date the Proposal is opened.

4.6. Rejection of Proposals

Any Proposal failing to conform to the essential requirements of the RFP, such that it materially affects price, quantity, quality, or delivery of the items offered, or in which the Proposer imposes conditions modifying the requirements of the RFP or limiting its liability to NEORide in a way that gives the

Proposer an advantage over others, will be rejected as non-responsive. Minor informalities or errors that do not go to the substance of a Proposal may be waived. A low Proposer may be requested to delete certain conditions from its Proposal, provided they do not affect the substance of the Proposal. If the

Proposer fails to furnish a proposal guarantee required as a condition of the Proposal, the Proposal must be rejected.

When it is determined to reject all Proposals, all bidders will be notified that all Proposals were rejected stating the reasons for rejection.

4.7. Additional Information, Rejection

NEORide reserves the right to request additional information from any Proposer, or none. It also reserves the right to reject any and all proposals without prior notice; to waive informalities and technicalities; to extend deadlines; to negotiate directly with only those respondents deemed to be qualified according to the criteria on this RFP; and to enter into one, more than one, or no contracts as it shall deem to be in its best interests.

4.8. Protests

A. General

1. Protests may be made by prospective Proposers, Vendors, or Proposers whose direct economic interest would be affected by award of a contract or by failure to award a contract.

NEORide will consider all protests requested in a timely manner regarding the award of a contract, whether submitted before or after an award.

a. All protests are to be submitted in writing to:

i. NEORide

ii. 1 Park Centre Drive, #300

iii. Wadsworth, Ohio 44281

2. Protest submissions should be concise, logically arranged, and clearly state the grounds for protest. A protest must include at least the following information:

a. name, address, and telephone number of Protestor;

b. identification of contract solicitation number;

c. a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and

d. a statement as to what relief is requested.

3. Protests must be submitted to NEORide in accordance with these procedures and time requirements, must be complete and contain all issues that the protestor believes relevant.

B. Protests Before Proposal Opening

1. Protests alleging restrictive specifications or improprieties which are apparent prior to

Proposal opening or receipt of proposals must be submitted in writing at the address above and must be received at least seven (7) days prior to Proposal opening or closing date for receipt of Proposals. If the written protest is not received by the time specified, Proposals may be received, and an award made in the normal manner, unless NEORide determines that remedial action is required. Oral protests not followed up by a written protest will be disregarded. NEORide may request additional information from the appealing party and information or response from other bidders, which shall be submitted to NEORide not less than ten (10) days after the date of NEORide's request. So far as practicable, appeals will be decided based on the written appeal, information and written response submitted by the appealing party and other bidders. In failure of any party to timely respond to a request for information, it may be deemed by NEORide that such party does not desire to participate in the proceeding, does not contest the matter, or does not desire to submit a response, and in such a case, the protest will proceed and will not be delayed due to the lack of a response.

Upon receipt and review of written submissions and any independent evaluation that

NEORide deems appropriate, NEORide shall either:

a. Render a final decision, or

b. At the sole election of NEORide, conduct an informal hearing at which the interested parties will be afforded opportunity to present their respective positions and facts, documents, justification, and technical information in support thereof. Parties may, but are not required to, be represented by counsel at the informal hearing, which will not be subject to formal rules of evidence or procedures. Following the informal hearing, if one is held, the NEORide will render a decision, which shall be final, and notify all interested parties thereof in writing but no later than ten (10) days from the date of informal hearing.

C. Protests After Proposal/Proposal Opening/Prior to Award

1. Protests against the making of an award by the NEORide must be submitted in writing to

NEORide and received within seven (7) days of the award by the NEORide. Notice of the protest and the basis therefore will be given to all bidders or proposers. In addition, when a protest against the making of an award by the NEORide is received and it is determined to withhold the award pending disposition of the protest, the bidders or proposers whose

Proposals might become eligible for award shall be requested, before expiration of the time for acceptance, to extend or to withdraw the Proposal. Where a written protest against the making of an award is received in the time period specified, award will not be made prior to seven (7) days after resolution of the protest unless NEORide determines that:

a. The items to be purchased are urgently required; or

b. Delivery or performance will be unduly delayed by failure to make award promptly; or

c. Failure to make award will otherwise cause undue harm to NEORide or the federal government.

D. Protests After Award

1. In instances where the award has been made, the Contractor shall be furnished with the notice of protest and the basis thereof. If the contractor has not executed the contract as of the date the protest is received by NEORide, the execution of the contract will not be made prior to seven (7) days after resolution of the protest unless NEORide determines that:

a. The items to be purchased are urgently required; or

b. Delivery or performance will be unduly delayed by failure to make award promptly; or

c. Failure to make award will otherwise cause undue harm to NEORide or the federal government.

E. Decision

1. Any decision pertaining to a protest following the guidelines contained in this section is final.

F. Protests to Federal Transit Administration (FTA)

1. Under certain limited circumstances, an interested party may protest to the FTA the award of a contract pursuant to an FTA grant. FTA's review of any such protest will be limited to:

a. Alleged failure by NEORide to have written protest procedures or alleged failure to follow such procedures, or

b. Alleged violations of specific federal requirement that provides an applicable complaint procedure shall be submitted and processed in accordance with that federal regulation.

2. Protestors shall file a protest with FTA not later than five (5) working days after NEORide renders a final decision under the NEORide protest procedure. In instances where the protestor alleges that NEORide failed to make a final determination on the protest, the protestor shall file a complaint with FTA no later than five (5) Federal working days after the protestor knew or should have known of NEORide failure to render a final determination in the protest.

G. Submission of Protest to FTA

1. Protests submitted to FTA should be submitted to the FTA Region 5 Office in Chicago, Illinois with a concurrent copy to NEORide. The protest filed with FTA shall:

a. Include the name and address of the protestor;

b. Identify the NEORide project number and the number of the contract solicitation;

c. Contain a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to follow NEORide's protest procedures, or the alleged failure to have procedures, and be fully supported to the extent possible

d. Include a copy of the local protest filed with NEORide and a copy of the NEORide decision, if any.

5. PROPOSAL EVALUATION & CONTRACT AWARD

5.1. General

NEORide shall employ the Scored Criteria-Based Selection in a Negotiated Purchase Method in making the award for this procurement. See #EVALUATION CRITERIA section for information that will be evaluated. Proposers will be required to submit supporting documentation on the technical aspects and cost. The Evaluation Committee may elect to interview proposers to clarify their proposals and/or for the

Proposers to make oral presentations. If interviews, presentations, or negotiations are held, the evaluation team may reevaluate the proposals of those firms interviewed. NEORide expects all offerors to fully cooperate with its evaluation process. The contract will be awarded to the responsive and responsible bidder with the highest score that is in the best interest of NEORide.

Due to COVID-19 related restrictions and policies, NEORide may ask providers to do a virtual interview instead of in-person at this time. All correspondence will come from the NEORideNaomi Wells for interview scheduling.

5.2. Eligibility for Award

A. For a Proposer to be eligible for award, Proposers must be deemed both responsive and responsible.

B. Responsive Proposals are those complying in all material aspects of the solicitation, both as to the method and timeliness of submission and as to the substance of the provided submission.

Proposals that do not comply with all the terms and conditions of the solicitation may be rejected as non-responsive.

C. Responsible Proposers are those prospective Proposers who, at a minimum according to 49

U.S.C. Section 5325, must:

1. Have adequate financial resources, as required during performance of the Contract.

2. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments.

3. Have a satisfactory record of past performance.

4. Have necessary technical capability to perform.

5. Certify that they are not on the U.S. Comptroller General's list of ineligible Proposers.

6. Are qualified as a manufacturer or regular provider of the equipment being offered.

7. Are otherwise qualified and eligible to receive an award under applicable laws and regulations.

5.3. Single Proposal Response

NEORide may award a contract to a single Proposer provided that an analysis can be completed which documents the price is fair and reasonable. Price analysis will be used when price reasonableness cannot be established based on catalog or market price of a commercial product sold in quantity or set by law or regulation. A cost analysis is required in all other cases of single Proposal evaluation.

https://procurement.opengov.com/portal/butlercountyrta/projects/124806/document?section=undefined

FTA Circular 4220.1F specifies that single Proposals must be considered as non-competitive negotiations and negotiated procurement procedures must be followed.

5.4. Cost or Price Analysis

NEORide reserves the right to conduct a cost or price analysis for any purchase. NEORide may be required to perform a cost analysis when competition is lacking for any purchase. Sole source procurements which result in a single Proposal being received will be subject to a cost analysis which will include the appropriate verification of cost data, the evaluation of specific elements of costs and the projection of data to determine the effect on Proposal prices. NEORide may require a Pre-Award Audit and potential Proposers shall be prepared to submit data relevant to the proposed work which will allow

NEORide to sufficiently determine that the proposed price is fair, reasonable, and in accordance with

Federal, state, and local regulations. Procurements resulting in a single Proposal will be treated as a negotiated procurement and NEORide reserves the right to negotiate with the single Bidder to achieve a fair and reasonable price. If a negotiated price cannot be agreed upon by both parties, NEORide reserves the right to reject the single Proposal. Contract change orders or modifications will be subject to a cost analysis.

5.5. Award and Proposal Approval

The proposals will be evaluated by a Selection Committee established by NEORide. Award will then be made to the responsive, responsible Proposer whose proposal best meets the requirements of the RFP, and will be the most advantageous to NEORide with respect to the criteria listed above, as evaluated by

NEORide's Selection Committee.

NEORide reserves the right to reject any or all proposals, to accept other than the lowest price proposal, to negotiate separately with any source whatsoever, and to accept the proposal considered to be most advantageous to NEORide. NEORide reserves the right to select the contractor based on proposals received without seeking further information or clarification from proposers.

Upon review of the proposals, the staff will designate the most qualified proposers as finalists. These finalists may be invited to make an oral/visual presentation and participate in a question-and-answer session to clarify their proposal with the NEORide Selection Committee members. If interviews or presentations are held, each of the proposers in the competitive range will be afforded the opportunity to amend their proposal and the Selection Committee members may choose to re-evaluate their scores. The

Selection Committee may also request that all finalists submit their best and final offer. The best and final offers will then be evaluated using the same criteria as for the initial proposals, and the rankings adjusted.

If there is one (1) proposal that is the most advantageous offer for NEORide, then an award may be made to that proposer. If not, NEORide reserves the right to request another best and final offer.

Once the Selection Committee determines the Proposal which is most advantageous to NEORide, the proposal, including pricing, specifications and term of Contract, would then be presented to NEORide's

Executive Committee for approval.

5.6. Contract Negotiation and Finalization

Once approval has been obtained by the Selection Committee and the Executive Committee, Small Urban

Coordinatorwill begin gathering any remaining documentation and begin Contract negotiations. The award is considered pending during Contract negotiations and will not be formally announced until negotiations have ceased and the document signed.

If the NEORide staff is unable to negotiate a satisfactory contract with the first-ranked proposer at a fair and reasonable price, negotiations will be formally terminated. Negotiations would be undertaken with the second-ranked proposer, and so on, until a satisfactory contract could be negotiated.

Formal Contract award will occur when NEORide signs the Contract and issues a Purchase Order. No other act of NEORide shall constitute Contract award.

5.7. Notice to Proceed

The Contract will serve as the formal Contract award, will establish the Contract value and incorporate the terms of this document but will not be the authorization for Contractor to proceed. When Small Urban

Coordinatorprovides copies of the signed Contract to all parties and finalizes the award in the eProcurement Portal to notify all vendors publicly, this will constitute a Notice to Proceed to Contractor.

6. EVALUATION CRITERIA

The Evaluation Committee will evaluate the proposals in accordance with the criteria set forth below. The total evaluation points, as separately determined by each team member, will be added and each proposer will be ranked in numerical sequence, from the highest to the lowest score. NEORide may then select the proposal that is considered the most advantageous to NEORide.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Total Contract Price

Complete the "Pricing Sheet" tab with all requested prices as stated in the table (failure to include everything requested will deem your submission non-responsive and your proposal may not be evaluated).

NOTE: proprietary pricing sheets may be submitted for clarification ONLY and will not be evaluated as part of the formal proposal.

Points Based 30 (34.1% of Total)

2. Project Understanding and Competency

Proposer must provide brief narrative presentations of their understanding of evaluating fare policies for other transit agencies of NEORide's size, their direct knowledge and understanding (or demonstration of an ability to learn) the most beneficial strategies for NEORide specifically, and their ability and competency to implement those strategies in the future.

Points Based 25 (28.4% of Total)

3. Proposed Solution

Ability of the respondent to complete the tasks outlined in the scope.

Points Based 23 (26.1% of Total)

4. Technical Capacity

Proposer must provide an overview and description of the team that will be working with NEORide, including resumes for each Key

Team Member. Proposer must also provide a brief narrative explanation as to proposer's availability to take on NEORide as an ongoing client for the desired term of the contract.

Points Based 10 (11.4% of Total)

7. GENERAL TERMS & CONDITIONS

7.1. Assignability

NEORide reserves the right to assign all or any portion of the award under this contract including option quantities. NEORide's right of assignment will remain in force over the specified contract period or until completion of the contract to include options, whichever occurs first.

The terms and provisions of the Contract Documents shall be binding upon NEORide and the Contractor and their respective partners, successors, heirs, executors, administrators, assigns and representatives. The rights and obligations of the Contractor under the Contract may not be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of or encumbered in any way. The Contractor may subcontract a portion of its obligations to other firms or parties but only after having obtained the prior written approval by NEORide of the subcontractor, which approval shall not be unreasonably withheld. NEORide may assign its rights and obligations under the Contract to any successor to the rights and functions of

NEORide or to any governmental agency to the extent required by applicable laws and governmental regulations or to the extent NEORide deems necessary or advisable under the circumstances.

7.2. Indemnifications

The Contractor shall indemnify and save harmless NEORide, its trustees, officers and employees from and against all loss, costs, liability, damage and expense whether direct, consequential or incidental, for personal injury and for property damage, such loss, costs, liability, damage and expense arising out of, or resulting in whole or in part, directly or indirectly, from work or operations under the contract but not limited to the acts, errors, omissions and negligence of Contractor's employees and agents, except to the extent of liability imposed due to RTA's own negligence.

7.3. Laws of Ohio

The rights and duties of the parties hereto shall be determined by the laws of the State of Ohio, and to that end the contract shall be construed and considered as a contract made and to be performed in the County of Medina, Ohio.

7.4. Defective Work, Materials or Services

When and as often as NEORide determines that the work, materials, or services furnished under the

Contract are not fully and completely in accordance with any requirement of the Contract, it may give notice and description of such non-compliance to Contractor. Within seven (7) calendar days of receiving such written notification, Contractor must supply NEORide with a written detailed plan which indicates the time and methods needed to bring the work, materials, or services within acceptable limits of the

Contract. NEORide may reject or accept this plan at its discretion. In the event this plan is rejected, the work, materials, or services will be deemed not accepted and returned to Contractor at Contractor’s expense. This procedure to remedy defects is not intended to limit or preclude any other remedies available to NEORide by law, including those available under the Uniform Commercial Code.

7.5. Contract Term

The term of any Contract arising from this RFP shall be for the duration of contract which shall be one (1) year, commencing in 2025. The contract will be awarded to one (1) Bidder with an effective date upon execution of the contract.

7.6. Option to Extend the Term of the Contract

NEORide may extend the term of this contract by written notice to the Contractor within 30 days, provided that the NEORide give the Contractor a preliminary written notice of its intent to extend at least

60 days before the contract expires. The preliminary notice does not commit NEORide to an extension. If

NEORide exercises this option, the extended contract shall be considered to include this option provision.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

7.7. Insurance

The Contractor shall maintain, at its own expense, throughout the period of the Contract and any extensions thereof and provide the following minimum insurance coverages of the types and in the amounts described below that are applicable to the scope of work being performed:

A. Worker’s Compensation and Employer’s Liability Insurance. Contractor must carry Workers'

Compensation Insurance (including occupational disease) in compliance with Workers'

Compensation statutes of any applicable jurisdiction in which the Work is to be performed. For the attainment of Workers Compensation in monopolistic states, including Ohio, coverage must be secured through the state fund.

o If Contractor is a qualified self-insurer in compliance with the laws of the state, this is also acceptable. A certificate of compliance from the appropriate workers' compensation bureau or board must be provided with the certificate of insurance.

1. Part A – Statutory

2. Part B – Employers Liability

a. Bodily Injury by Accident $500,000

b. Bodily Injury by Disease (Policy Limit) $500,000

c. Bodily Injury by Disease (Each Employee) $500,000 o Contractor must also carry Employer’s Liability Insurance with minimum limits of

$1,000,000 each accident; $1,000,000 for disease (per employee); and $1,000,000 for disease

(policy limit). This policy must include Ohio "Stop Gap" coverage, including coverage for

"substantially certain" claims.

B. Commercial General Liability Insurance. Contractor must carry Commercial General Liability

Insurance written on ISO form CG 00 01 10 01 (or its equivalent) with limits of $1,000,000 per occurrence and in the aggregate.

C. Commercial Auto Liability Insurance. Contractor shall carry Commercial Automobile Liability

Insurance covering all owned, leased and non-owned vehicles used in connection with the work to be performed under this contract, with limits of not less than $1,000,000 combined single limit per accident for bodily injury and property damage.

D. Professional Liability Insurance. Professional shall carry Professional Liability/Errors &

Omissions/Malpractice Insurance in an amount of no less than $1,000,000 per occurrence and in the aggregate.

E. Fidelity Bond/Crime. If Professional or its employees will be on the premises of BCRTA in connection with performance of work under this contract, Professional shall carry no less than

$1,000,000 in Third Party Crime Coverage for the benefit of BCRTA in the event of theft or other intentional harm to BCRTA’s property by Professional’s employees.

F. Requirements Common to All Policies. Contractor shall issue certificates of insurance to

BCRTA in advance of any contract execution naming “Butler County Regional Transit

Authority” as Additional Insured.

7.8. Payment Procedures

Payments for products delivered or services performed shall be made after presentation of Contractor’s invoices to NEORide. Such invoices shall be computed in accordance with the fee schedule agreed to by

NEORide and Contractor, and incorporated into the final contract, and are due and payable within thirty

(30) calendar days of receipt of a correct invoice as agreed upon by NEORide. Each invoice shall contain

Contractor’s list of products or services delivered. Contractor agrees to supply with each invoice, additional information as may be requested by NEORide.

Invoices should clearly identify the NEORide purchase order number and any prompt payment discount offered to NEORide for paying within ten (10) days of receipt. NEORide may, at any time, conduct an audit of any and/or all records kept by the Contractor for this project. Any overpayment uncovered in such an audit may be charged against the Contractor’s future invoices. NEORide may withhold payment for services it believes were improper, failed to meet with project specifications, or are otherwise questionable. Invoices should be submitted on a monthly basis to: NEORide located at 1 Park Centre

Drive, #300, Wadsworth, OH 44281.

8. FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS

8.1. ACCESS TO RECORDS AND REPORTS

1. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party

Contracts of any type, and supporting materials related to those records. (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

2. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until…