RFP_Competitive_VMI_CQ19254_102219.pdf

Rev. 04/19

Request For Proposals (Non-Federal)

VENDOR MANAGED INVENTORY

PROGRAM

RFP No. : CQ19254/SP

NAICS CODES: 541-614;522-220;441-310

Solicitation Date: October 23, 2019 Pre-Proposal Conference/Site Visit:

November 6, 2019 @ 10:30 AM – 11:30 AM Last Day for Questions: November 14, 2019

Proposal Due Date: December 4, 2019@

2PM

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Date: October 23, 2019

SUBJECT: RFP No. CQ19254/SP

Dear Sir/Madam:

The Washington Metropolitan Area Transit Authority (WMATA) requires the services of a qualified contractor to implement and maintain a Vendor Managed Inventory Program.

A Pre-Proposal Conference will be held on November 6, 2019 at 10:30 a.m. -11:30 a.m. EST. at WMATA’s, Metro Supply Facility, 8201 Ardwick-Ardmore Road, Landover, MD 20785.

Your company’s proposal must be submitted in accordance with the RFP’s terms and delivered to WMATA’s, Office of Procurement and Materials, 600 Fifth Street, NW, Room 3C-02, Washington, DC 20001-2651, no later than 2:00 p.m. EST. on December 4, 2019.

If you have any technical, contractual, or administrative questions, please e-mail them to Stacey Pollitt at lspollitt@wmata.com, no later than 5:00 p.m. EST on November 14, 2019. WMATA will posted the written answers to questions on our website. If an amendment(s) is issued resulting from questions and answers, it will be posted on our website.

Sincerely, Judy-Ann Davis Contracting Officer Office of Procurement and Materials mailto:lspollitt@wmata.com

Table of Contents

DIRECTIONS FOR SUBMITTING OFFERS

NOTICE TO OFFERORS

NOTICE TO ALL VENDORS

SOLICITATION, OFFER AND AWARD

PRICE SCHEDULE SHEET

RFP SOLICITATION INSTRUCTIONS

1. INTRODUCTION

2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

3. COMMUNICATIONS WITH THE AUTHORITY

4. PREPARATION OF OFFERS

5. EXPLANATIONS TO OFFERORS

6. PRE-PROPOSAL CONFERENCE

7. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

8. ACKNOWLEDGMENT OF AMENDMENTS

9. SUBMISSION OF PROPOSALS

10. PROPOSAL FORMAT INSTRUCTIONS/REQUIREMENTS

11. LATE SUBMISSIONS AND REVISIONS OF PROPOSALS

12. WITHDRAWAL OF PROPOSALS

13. RECEIPT AND REVIEW OF PROPOSALS BY THE AUTHORITY

14. EVALUATION CRITERIA AND BASIS FOR AWARD

15. RATINGS FOR PROPOSAL EVALUATION CRITERIA – (BEST VALUE ONLY)

16. RATINGS FOR ACCEPTABILITY CRITERIA (LOW PRICE, TECHNICALLY

ACCEPTABLE, ONLY): NA

17. PRICE PROPOSAL EVALUATION

18. TECHNICAL PROPOSAL EVALUATION

19. PRE-AWARD INFORMATION/CONTRACTOR RESPONSIBILITY

20. PRE-AWARD MEETING

21. SITE VISIT/INSPECTION OFFEROR’S FACILITIES

22. CONTRACT AWARD

23. PERFORMANCE/PAYMENT BONDS - NA

24. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO PROPOSE -

NA

25. WMATA’S TAX EXEMPT STATUS

26. RESTRICTION ON DISCLOSURE AND USE OF DATA

27. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

28. BRAND NAME OR EQUAL

29. REQUESTS FOR RECORDS

30. ECONOMIC PRICE ADJUSTMENT- LABOR

30. NOTICE OF PROTEST POLICY

REPRESENTATIONS & CERTIFICATIONS

1. TYPE OF BUSINESS ORGANIZATION

2. AFFILIATION AND IDENTIFYING DATA

3. SMALL BUSINESS & LOCAL PREFERENCE PROGRAM (SBLPP)

4. COVENANT AGAINST GRATUITIES

5. CONTINGENT FEES

6. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION

7. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

8. NONDISCRIMINATION ASSURANCE

9. DISCLOSURES OF INTERESTS OF WMATA BOARD MEMBERS

10. CRIMINAL BACKGROUND SCREENING CERTIFICATION (QUARTERLY)

111. CERTIFICATION REQUIRED FOR ALL SAFETY-SENSITIVE CONTRACTS

PRE-AWARD EVALUATION DATA

TERMS AND CONDITIONS

CHAPTER I – TERMS AND CONDITIONS

1. AGREEMENT

2. ARRANGEMENT OF CONTRACTUAL PROVISIONS

3. ORDER OF PRECEDENCE

4. REQUIREMENTS CONTRACT -NA

5. INDEFINITE QUANTITY CONTRACT - NA

6. ORDERING

7. ORDER LIMITATIONS -NA

8. AUDIT, AVAILABILITY, AND INSPECTION OF RECORDS

9. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

10. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

CHAPTER II – TIME/DELAYS/LIQUIDATED DAMAGES

1. PERIOD OF PERFORMANCE

6. OPTIONS – EVALUATION

7. OPTIONS – EXERCISE

4. OPTION FOR INCREASED OR DECREASED QUANTITIES OF SUPPLIES

5. OPTIONS TO EXTEND SERVICES

6. OPTION TO EXTEND THE TERM OF THE CONTRACT

7. OPTIONS EXERCISED OUT OF SEQUENCE

8. LIQUIDATED DAMAGES FOR DELAY-NA

9. EXTENSIONS OF TIME/FORCE MAJEURE

10. THE AUTHORITY’S DELAY

11. NOTICE TO THE AUTHORITY OF LABOR DISPUTES

12. NOTIFICATION OF BANKRUPTCY OR INSOLVENCY

CHAPTER III – ACCEPTANCE/INSPECTIONS/DEFICIENCIES

1. INSPECTION OF SERVICES

2. INSPECTION OF SUPPLIES

3. ACCEPTANCE OF SUPPLIES

4. NEW MATERIAL [SUPPLIES]

5. WARRANTY OF SUPPLIES

6. WARRANTY OF SERVICES

6. CORRECTION OF DEFICIENCIES

7. FIRST ARTICLE INSPECTION

8. F.O.B. DESTINATION

9. QUALITY ASSURANCE/QUALITY CONTROL

CHAPTER IV—CHANGES/ PRICING ADJUSTMENTS

1. CHANGE ORDERS

2. PRICING OF ADJUSTMENTS

3. ACCOUNTING AND RECORD KEEPING FOR ADJUSTMENTS

CHAPTER V – INVOICES/PAYMENTS/ DEDUCTIONS

1. BILLING AND PAYMENT

2. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA – MODIFICATIONS

3. SUBCONTRACTOR PAYMENTS

4. GARNISHMENT OF PAYMENTS

CHAPTER VI – CONTRACT TERMINATION/STOP WORK ORDERS/DISPUTES

1. STOP WORK ORDERS

2. TERMINATION FOR DEFAULT

3. TERMINATION FOR CONVENIENCE

4. ASSIGNMENT

5. DISPUTES

CHAPTER VII – INDEMNIFICATION/INSURANCE/RISK OF LOSS

1. INDEMNIFICATION

2. INSURANCE REQUIREMENTS

I. MINIMUM REQUIRED INSURANCE: MINIMUM LIMITS OF INSURANCE

INSURANCE TYPE

LIMITS

BASIS

Workers’ Compensation Statutory Employers’ Liability $500,000 Each Accident $500,000 Disease Policy Limit $500,000 Disease Each Employee Commercial General Liability $1,000,000 Each Occurrence Limit $2,000,000 General Aggregate Limit $1,000,000 Products-Completed Operations Limit Business Auto Liability $1,000,000 Combined Single Limit Professional Liability $3,000,000 Each Claim

4. INAPPLICABILITY OF CLAUSES REQUIRING UNAUTHORIZED OBLIGATIONS ... 69

CHAPTER VIII – INTELLECTUAL PROPERTY RIGHTS

1. PATENT INDEMNITY

2. SET-OFF

3. RIGHTS IN TECHNICAL DATA- LIMITED-N/A

4. RIGHTS IN TECHNICAL DATA – UNLIMITED

5. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT [SUPPLIES]

6. ROYALTY INFORMATION - NA

CHAPTER IX – ADDITIONAL COVENANTS/LEGAL REQUIREMENTS

1. NONDISCRIMINATION ASSURANCE

2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME

COMPENSATION

3. WALSH-HEALEY PUBLIC CONTRACTS ACT

4. DAVIS-BACON ACT - NA

5. COPELAND ANTI-KICKBACK ACT

6. CONVICT LABOR

7. COVENANT AGAINST CONTINGENT FEES

8. SEAT BELT USE POLICY

9. SENSITIVE SECURITY INFORMATION

10. LAWS AND REGULATIONS

11. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

12. LIVING WAGE

13. METRIC SYSTEM

14. MANDATORY DISCLOSURE

15. WHISTLEBLOWER PROTECTION – NON-FEDERAL

16. WORKPLACE VIOLENCE/ZERO TOLERANCE

17. DRUG AND ALCOHOL TESTING (FOR SAFETY SENSITIVE FUNCTIONS ONLY) .. 82

18. EMPLOYMENT RESTRICTION WARRANTY

19. GRATUITIES

20. OFFICIALS NOT TO BENEFIT

21. ORGANIZATIONAL CONFLICTS OF INTEREST

22. CONTRACTOR PERSONNEL

23. FALSE STATEMENTS, CLAIMS OR SUBMISSIONS

CHAPTER X – MISCELLANEOUS ADDITIONAL PROVISIONS

1. PUBLIC COMMUNICATION

2. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

3. SEVERABILITY

4. SURVIVAL

CHAPTER XI – ADDITIONAL PROVISIONS

1. AMERICANS WITH DISABILITIES ACT ACCESSIBILITY –

2. RETAINAGE

3. GOVERNMENT-WIDE DEBARMENT OR SUSPENSION-

4. FALSE STATEMENTS OR CLAIMS CIVIL AND CRIMINAL FRAUD

5. PROGRESS PAYMENTS-N/A

6. BONDING FOR CONSTRUCTION PROJECTS EXCEEDING $150,000 - NA

7. BONDING REQUIREMENTS – GENERAL-NA

CHAPTER XII-WMATA POLICIES

1. SAFETY REQUIREMENTS

2. CRIMINAL BACKGROUND CHECK REQUIREMENT

3. WORKPLACE VIOLENCE/ZERO TOLERANCE

1.0 INTRODUCTION:

2.0 BACKGROUND:

4.0 SCOPE OF SERVICES AND IMPLEMENTATION TIMELINE SERVICES:

5.0 VMI IMPLEMENTATION PHASES

6.0 CONTRACTOR RESPONSE REQUIREMENTS

7.0 SERVICE REQUIREMENTS

MID-ATLANTIC COOPERATIVE RIDER CLAUSE

APPENDIX C – SMALL BUSINESS LOCAL PREFERENCE PROGRAM (SBLPP)

COMBINED GLOSSARY OF DEFINITIONS

Washington Metropolitan Area Transit Authority

RFP: CQ19254/SP

INTRODUCTORY INFORMATION

SOLICITATION CERTIFICATIONS PAGE

RFP – CQ19254/SP

VENDOR MANAGED INVENTORY PROGRAM

APPROVED FOR RELEASE

Project Manager/Office Designee Date

Contracting Officer Date

END OF SECTION

DIRECTIONS FOR SUBMITTING OFFERS

1. Read and comply with the solicitation instructions.

2. Envelopes containing technical and price proposals must be sealed and separately marked and addressed to:

600 5th Street, N.W.

Washington, DC 20001 Room 3C-02

Attn: Stacey Pollitt/CA

ALL ENVELOPES OR PACKAGES MUST BE SEPARATELY MARKED WITH THE SOLICITATION

NUMBER AS SPECIFIED HEREWITH.

PROPOSALS SHALL BE TIMELY MAILED, OR HAND DELIVERED TO REACH WMATA BEFORE

2:00 P.M. (EST.) December 4, 2019 ON DAY OF PROPOSAL CLOSING.

NOTICE TO OFFERORS

IN ORDER TO ENSURE THAT YOUR PROPOSAL COMPLIES WITH THE AUTHORITY’S

PROCUREMENT REGULATIONS AND THAT IT WILL BE ACCEPTABLE TO THE AUTHORITY,

THE FOLLOWING FORMS MUST BE COMPLETED & SUBMITTED AS SPECIFIED BELOW WITH

YOUR OFFER:

▪ SOLICITATION, OFFER & AWARD FORM (Must be signed.) - VOLUME III

▪ PRICE SCHEDULE- VOLUME I

▪ REPRESENTATIONS AND CERTIFICATIONS- VOLUME III

▪ PRE-AWARD DATA- VOLUME III

▪ ACKNOWLEDGMENT OF AMENDMENTS (IF ANY)- VOLUME III

▪ TECHICAL PROPOSAL- VOLUME II

▪ PROOF OF INSURANCE ELIGIBILITY - VOLUME III

▪ APPENDIX C (IF APPLICABLE) - VOLUME III

FAILURE TO SUBMIT ANY PORTION OF THESE REQUIREMENTS AS SPECIFIED MAY CAUSE

YOUR PROPOSAL TO BE CONSIDERED NONRESPONSIVE AND SUBSEQUENTLY REJECTED.

Questions concerning this Request for Proposals may be directed to Stacey Pollitt on 202-962-6048 or email lspollitt@wmata.com.

mailto:lspollitt@wmata.com

NOTICE TO ALL VENDORS

Please be advised that all vendors and contractors who do business with the Washington Metropolitan Area Transit Authority (WMATA) must register in the WMATA Vendor Registration System. Registration is located at http://www.wmata.com New Vendor Registration.

If you are a vendor or contractor and HAVE done business with WMATA in the past, please electronically request your company’s User ID and Password at http://www.wmata.com Forgot User Id/Password.

Registered Vendor Benefits:

• Visibility to WMATA contract administrators and/or purchasing agents during the purchasing decision period;

• Visibility to other 17,500 registered vendors for possible business opportunities;

• Opportunity to update online, company information such as an e-mail address or contact person on-line;

• Ability to sign up for electronic payment option; and

• Ability to electronically reset user id and password.

Any questions regarding registration may be sent to clm@wmata.com.

http://www.wmata.com/ mailto:clm@wmata.com

SUPPLY AND SERVICE CONTRACT RFP-CQ19254/SP

SOLICITATION, OFFER AND AWARD

CONTRACT NO. SOLICITATION NO. DATE ISSUED ADDRESS OFFER TO OFFICE OF PROCUREMENT

RFP CQ19254/SP

October 23, Office of Procurement 600 Fifth Street NW

Washington, DC 20001 ADVERTISED X NEGOTIATED

SOLICITATION

Sealed offer in two (2) original and Seven (7) USB copies for furnishing the supplies or services in the schedules will be received at Authority until 2:00 P.M. Local time December 4, 2019 (Hour) (Date) CAUTION – LATE OFFERS: See paragraph 11 of Solicitation Instructions.

All offers are subject to the following:

1. The Solicitation Instructions that are attached.

2. The Terms and Conditions that are attached.

3. The Price Schedule included herein and/or attached hereto.

4. Such other provisions, representations, certifications, and specifications, as are attached or incorporated herein by reference.

Proposer’s Phone Number Proposer’s E-mail

SCHEDULE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Continued on the attached pages)

DUN & BRADSTREET ID NUMBER:

OFFEROR

Name and Address

(Street, city, county, state, and zip code)

Name and Title of Person Authorized to Sign Offer (Print or Type)

Signature Offer Date

Check if remittance is different from above — enter such address in Schedule AWARD (To be completed by The Authority)

ACCEPTANCE AND AWARD ARE HEREBY MADE FOR THE FOLLOWING ITEM(S):

ITEM NO. QUANTITY UNIT UNIT PRICE

The total amount of this award is $

Name of Contracting Officer (Print of Type) WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY AWARD DATE

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET

THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENTS

TO SOLICITATION RFP – CQ19254/SP

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Amendment Number Dated

Failure to acknowledge receipt of all amendments may render the offer unacceptable.

Authorized Signature

Company Name

Date

SUPPLY AND SERVICE CONTRACT RFP – CQ19254/SP

PRICE SCHEDULE SHEET

The Authority will make one award for all line items from this solicitation to the responsible Offeror whose proposal conforms to the solicitation and is determined to be the most advantageous to the Authority based on an overall assessment of technical merit and price in accordance with the Evaluation Criteria. The Price Schedule expressly requires that the Offeror propose on all items including Appendix A (Parts List) and provide supporting documentations. Failure to do so will render your proposal nonresponsive. The Authority has up to twenty-four (24) months to procure any part of the Optional Services from the Price Schedule Sheet.

Base Year One

NO. DESCRIPTION MONTHLY

MONTHLY

RATE

TOTAL PRICE

1-1 VMI Management Fee/Administrative Fees

NO. DESCRIPTION HOURS HOURLY RATE TOTAL PRICE

1-2 Implementation Cost (Start Up) Must add attachment to support detail Lump Sum

Attach Supporting

Details

1-3 Reporting & Analytics Lump Sum Attach

Supporting Details

1-4 Technology Lump Sum Attach

Supporting Details

1-5 Training Lump Sum Attach

Supporting Details

1-6 Administrative Fees Lump Sum Attach

Supporting Details

1-7 Management Fees Lump Sum Attach

Supporting Details

1-8 Parts and Supplies from the attached

Excel Spreadsheet Appendix A Lump Sum

Attach Supporting

Details (Parts Spreadsheet)

TOTAL FOR BASE YEAR ONE

Rev. 04/19

Base Year Two

NO. DESCRIPTION MONTHLY

MONTHLY

RATE

TOTAL PRICE

2-1 VMI Management Fee/Administrative

2-2 Implementation Cost (Start Up) Must add attachment to support detail Lump Sum

Attach Supporting

Details

2-3 Reporting & Analytics Lump Sum Attach

Supporting Details

2-4 Technology Lump Sum Attach

Supporting Details

2-5 Training Lump Sum Attach

Supporting Details

2-6 Administrative Fees Lump Sum Attach

Supporting Details

2-7 Management Fees Lump Sum Attach

Supporting Details

2-8 Parts and Supplies from the attached

Excel Spreadsheet Appendix A Lump Sum

Attach Supporting

Details (Parts

TOTAL FOR BASE YEAR TWO

Rev. 04/19

Base Year Three

NO. DESCRIPTION MONTHLY

MONTHLY

RATE

TOTAL PRICE

3-1 VMI Management Fee/Administrative

3-2 Implementation Cost (Start Up) Must add attachment to support detail Lump Sum

Attach Supporting

Details

3-3 Reporting & Analytics Lump Sum Attach

Supporting Details

3-4 Technology Lump Sum Attach

Supporting Details

3-5 Training Lump Sum Attach

Supporting Details

3-6 Administrative Fees Lump Sum Attach

Supporting Details

3-7 Management Fees Lump Sum Attach

Supporting Details

3-8 Parts and Supplies from the attached

Excel Spreadsheet Appendix A Lump Sum

Attach Supporting

Details (Parts

TOTAL FOR BASE YEAR THREE

Rev. 04/19

Option Year One

NO. DESCRIPTION MONTHLY

MONTHLY

RATE

TOTAL PRICE

4-1 VMI Management Fee/Administrative

4-2 Implementation Cost (Start Up) Must add attachment to support detail Lump Sum

Attach Supporting

Details

4-3 Reporting & Analytics Lump Sum Attach

Supporting Details

4-4 Technology Lump Sum Attach

Supporting Details

4-5 Training Lump Sum Attach

Supporting Details

4-6 Administrative Fees Lump Sum Attach

Supporting Details

4-7 Management Fees Lump Sum Attach

Supporting Details

4-8 Parts and Supplies from the attached

Excel Spreadsheet Appendix A Lump Sum

Attach Supporting

Details (Parts

TOTAL FOR OPTION YEAR ONE

Rev. 04/19

Option Year Two

NO. DESCRIPTION MONTHLY

MONTHLY

RATE

TOTAL PRICE

5-1 VMI Management Fee/Administrative

5-2 Implementation Cost (Start Up) Must add attachment to support detail Lump Sum

Attach Supporting

Details

5-3 Reporting & Analytics Lump Sum Attach

Supporting Details

5-4 Technology Lump Sum Attach

Supporting Details

5-5 Training Lump Sum Attach

Supporting Details

5-6 Administrative Fees Lump Sum Attach

Supporting Details

5-7 Management Fees Lump Sum Attach

Supporting Details

5-8 Parts and Supplies from the attached

Excel Spreadsheet Appendix A Lump Sum

Attach Supporting

Details (Parts

TOTAL FOR OPTION YEAR TWO

Rev. 04/19

Option Pricing for Optional Services

NO. DESCRIPTION RATE TOTAL PRICE

6-1 Base Year One

Storeroom inventory management (21 Facilities).

Contractor’s approach to manage twenty-one WMATA’s storeroom inventory.

Reverse logistics/returns (from main distribution hubs/storeroom locations)

Lump Sum

Attach Supporting

Details

6-2 Base Year Two

Storeroom inventory management (21 Facilities).

Contractor’s approach to manage twenty-one WMATA’s storeroom inventory.

Reverse logistics/returns (from main distribution hubs/storeroom locations)

Lump Sum

Attach

6-3 Base Year

Three

Storeroom inventory management (21 Facilities).

Contractor’s approach to manage twenty-one WMATA’s storeroom inventory.

Reverse logistics/returns (from main distribution hubs/storeroom locations)

Lump Sum

Attach

6-4 Option Year

One

Storeroom inventory management (21 Facilities).

Contractor’s approach to manage twenty-one WMATA’s storeroom inventory.

Reverse logistics/returns (from main distribution hubs/storeroom locations)

Lump Sum

Attach

6-5 Option Year

Two

Storeroom inventory management (21 Facilities).

Contractor’s approach to manage twenty-one WMATA’s storeroom inventory.

Reverse logistics/returns (from main distribution hubs/storeroom locations)

Lump Sum

Attach

GRAND TOTAL FOR BASE YEAR ONE + TWO + THREE &

OPTION YEAR ONE + TWO = _______________________________________

Authorized Signature

Company Name

RFP SOLICITATION INSTRUCTIONS

1. INTRODUCTION

(a) The Authority seeks to award a contract to implement and manage a Vendor Managed Inventory program, in which a Contractor will purchase and manage inventory parts and supplies for various WMATA Offices such as Bus Maintenance (BUS), Rail, Support Services (SSRV), and Service Vehicles Maintenance (SVMT). This contract is to improve parts and supplies acquisition service levels at the storeroom/warehouse locations, while reducing operating expense through better managed inventory, reduced stock-outs, and improved service level to the maintenance and repair operations. To that end, it is issuing this Request for Proposals (RFP) to solicit proposals from qualified firms and individuals who can satisfy the requirements described herein.

(b) The parts purchasing process by the VMI Contractor must adhere to the WMATA Purchasing Standards and Compliance which can be reviewed via this link:

https://www.wmata.com/business/procurement/upload/WMATA-Procurement-Procedures- Manual-Revision-7-4.pdf

(b) Since this is a Best Value solicitation, award of a Contract hereunder shall be to the offeror whose proposal provides the best overall value to the Authority, based upon application of the evaluation criteria set forth in herein.

(c) The Authority contemplates award of a firm fixed price contract with a three (3) year base and two (2) one (1) year renewal options.

(d) The Authority encourages offerors to be innovative in their response and approach to being the VMI Contractor and serving the Authority in meeting our goals of reduced costs and improved customer service.

2. GOODS TO BE FURNISHED/SERVICES TO BE SUPPLIED

In preparing their proposals, offerors are advised that:

(a) If “services” are to be performed pursuant to this solicitation, they must be provided in all respects as specified in the Contract and include the services to be furnished, together with any labor, materials or other work necessary for satisfactory and complete performance.

(b) If “supplies” are to be provided pursuant to this solicitation, they must be delivered in all respects as specified in the Contract and include the items to be furnished, together with any labor, service or other work necessary for satisfactory and complete performance.

3. COMMUNICATIONS WITH THE AUTHORITY

Prospective offerors are advised that any and all communications with WMATA relating to this solicitation and made by, or on behalf of, a prospective offeror at any time between release of this Request for Proposals and award of a Contract hereunder, must be directed to the Contract Administrator as follows: Stacey Pollitt: email lspollitt@WMATA.com ; telephone 202-962-6048.

https://www.wmata.com/business/procurement/upload/WMATA-Procurement-Procedures-Manual-Revision-7-4.pdf https://www.wmata.com/business/procurement/upload/WMATA-Procurement-Procedures-Manual-Revision-7-4.pdf mailto:mhill@WMATA.com

Rev. 04/19

A violation of this provision, deemed willful by the Authority, may result in a determination that an offeror is not responsible, and thus ineligible for award, for purposes of this and/or future Authority solicitations.

4. PREPARATION OF OFFERS

(a) Offerors shall furnish all information requested by the solicitation and, in so doing, are expected to examine the Request for Proposals and all referenced documents carefully.

Failure to do so will be at Offeror’s risk.

(b) The Offeror shall sign the solicitation and print or type its name on the Price Schedule and on each continuation sheet if an entry has been made. Erasures or other changes must be initialed by the person signing the offer.

(c) Offerors must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the solicitation

(d) In preparing its proposal, an offeror should be aware that all prices for the work shall be deemed to include the cost of all work, labor and materials required by the Contract including, without limitation, delivery charges, insurance, bond premiums or any other expenses required by this Contract, as well as expenses associated with compliance with Federal, state or local laws or regulatory requirements. All prices are deemed to be F.O.B.

Destination.

5. EXPLANATIONS TO OFFERORS

(a) Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation or Contract including, without limitation, the terms and conditions, technical specifications or Statement of Work, and Contract drawings, must be requested in writing with sufficient time allowed for a reply to reach all offerors before proposal closing. Absent extraordinary circumstances, all inquiries must be transmitted in a time frame to ensure the Contracting Officer’s receipt at least ten (10) days prior to the date specified for proposal closing. All such requests must be submitted via e-mail or first-class mail to the Contract Administrator identified in Paragraph 3. Include the RFP number and Contract title in any correspondence.

(b) Any information that the Authority furnishes to a prospective offeror relating to the solicitation will be provided in writing to all prospective offerors in the form of an amendment if, in the Contracting Officer’s judgment, the information is necessary to the preparation and/or submittal of proposals or the lack of such information would be otherwise prejudicial to other prospective offerors. Offerors must acknowledge receipt of all amendments on the form provided.

(c) Offerors are advised that oral explanations, representations or instructions of any kind relating to the subject matter of this solicitation given at any time before award of the Contract by any employee, officer or agent of the Authority, will not be binding upon the Authority. The Authority does not assume responsibility for the accuracy of any such communication.

(d) The failure of a prospective offeror to request an explanation will serve to preclude it from claiming any ambiguity, inconsistency or error that should have been discovered by a reasonably prudent offeror.

6. PRE-PROPOSAL CONFERENCE

For the purpose of clarifying the terms, conditions, and requirements of this Request for Proposals, a pre-proposal conference will be held to respond to questions by prospective offerors. This pre-proposal conference will be held on November 6, 2019 at 10:30 a.m.

-11:30 a.m. EST. at WMATA’s, Metro Supply Facility, 8201 Ardwick-Ardmore Road, Landover, MD 20785. It is requested that offerors submit their questions in writing, whether in advance of the meeting or during the meeting. Questions from the floor, however, are permissible.

7. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

(a) The Authority reserves the right to amend any of the terms of this RFP or the Contract, prior to the date set for the proposal closing. Copies of any such amendments as may be issued will be furnished in writing to all prospective proposers.

(b) If, in the Contracting Officer’s judgment, any amendment(s) would require material changes to price proposals and/or other substantive element(s) of the proposals, the date set for proposal closing may be postponed for such period as in the Contracting Officer’s opinion will enable offerors to revise their proposals. In such instances, the amendment will include an announcement of the new date for proposal closing.

(c) In the event of an amendment, all other terms and conditions of the solicitation shall remain unchanged.

8. ACKNOWLEDGMENT OF AMENDMENTS

Offerors are required to acknowledge receipt of all amendment(s) to the solicitation on the designated form to be submitted with their proposal. Failure to do so may, at the Contracting Officer’s discretion, jeopardize the offeror’s right to have its proposal reviewed by the Authority.

9. SUBMISSION OF PROPOSALS

Proposals, and any revisions thereto, shall be enclosed in sealed envelopes and addressed to the office specified in the solicitation. Proposals shall show the hour and date specified in the solicitation for receipt, the solicitation number, and offeror’s name and address on the face of the envelope.

Faxed proposals will not be considered.

MINIMUM PROPOSAL ACCEPTANCE PERIOD

(a) "Acceptance period," as used in this provision, means the number of calendar days available to WMATA for awarding a contract from the date specified in this solicitation for receipt of proposals.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) WMATA requires a minimum acceptance period of 120 calendar days from the latest revised proposal.

10. PROPOSAL FORMAT INSTRUCTIONS/REQUIREMENTS

Offerors shall submit proposals as follows:

(a) Proposal Format

The original of Volumes 1 and 2 shall be unbound. All copies of Volumes 1 and 2, as well as Volume 3, will be separately bound. All copies shall have the RFP number, the proposer’s identity, volume number, and volume title printed on the cover page. Volumes shall be submitted in the following order:

(1) Volume I – Cost/Price – Two (2) original paper copies and four (4) USB copies of the cost/price proposal. All information relating to cost or pricing data must be included in Volume I. Under no circumstances shall cost or pricing data be included elsewhere in the proposal.

Include the following documents:

a. Price Schedule - completed and signed.

b. Breakdown of how the hourly rate for each job discipline was calculated.

c. Breakdown of how the overhead rate was calculated.

(2) Volume II – Technical – Two (2) original paper copies and seven (7) USB copies of the technical proposal (Shall not include cost/price information)

Proposal Page and Character Size: The page size shall not exceed 8-1/2 by 11 inches, except for foldouts, which may not exceed 11 by 17 inches. The page margins shall not be smaller than 1 inch on all four sides. The type size for text shall not be smaller than 10 point, with at least a line spacing of one. The type size for figures and tables shall be no smaller than 8 point.

Elaboration: Legibility, clarity, and completeness are essential. Unnecessarily elaborate brochures or other presentations beyond that sufficient to present a complete and effective Proposal are not desired and may be construed as an indication of the Proposer’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor wanted.

Completeness: Include all forms and Project-specific information as required in this Section. Include pre-printed literature if directly relevant to this Project. Failure to provide forms or any other information required in the response to this Solicitation may cause the Proposal to be deemed non-responsive, and the Proposal may be subsequently rejected.

Proposal Copies and Page Count Limits: The Technical Proposal page limits shall not exceed 50 pages. Page limits include all text, charts, figures, diagrams, and schematics. Cover pages, title pages, tables of contents, tabbed dividers, sample submittals and blank pages are not included in the page limitations. Only print on one side. Foldouts shall not be used for text. Material exceeding the page limits may not be evaluated and may be returned to the Proposer.

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Volume Tabs Title

II A PAST PERFORMANCE/BUSINESS ORGANIZATION

II B TECHNICAL REQUIREMENTS

II C PROCESS REQUIREMENTS/PROJECT METHODOLGY (Work Plan and Schedule)

II D GOVERNANCE REQUIREMENTS

II E PERFORMANCE REQUIREMENTS

II F SAMPLE SUBMITTALS

(3) Volume III – Contractual - Two (2) original and two (2) USB copies of the completed, signed solicitation documents to include Representations, Certifications, Pre-Award Data, Certificate(s) of Insurance, SBLPP requirements per Appendix C (if applicable).

(b) Cost/Price. All information relating to cost or pricing data must be included in Volume I.

Under no circumstances shall cost or pricing data be included elsewhere in the proposal.

(c) Technical Proposal. The technical proposal should address the stated Evaluation Criteria in such a manner as to enable the Authority to engage in a thorough evaluation of its overall technical merit. Technical proposals shall be specific, detailed and complete and shall demonstrate that the offeror has a thorough knowledge and understanding of the Contract’s requirements. Offerors shall avoid generalized statements that for example, paraphrase the specifications or attest that "standard procedures will be employed." The Authority wishes to be satisfied that the offeror maintains an understanding of the specific Contract requirements and maintains the means to fully satisfy them.

(d) Contractual. The Contractual volume shall contain a completed, signed Solicitation, Offer and Award form and include Representations, Certifications, Pre-Award Data, Certificate(s) of Insurance, SBLPP requirements per Appendix C (if applicable), and any amendments. In the event that the offeror takes any exception to any of the Contract’s terms and conditions, wishes to propose alternative Contract language or is otherwise unwilling or unable to satisfy any of the Contract’s requirements such information should be clearly noted on the first page(s) of Volume III of the proposal. Failure to take exception shall constitute the offeror’s acceptance.

11. LATE SUBMISSIONS AND REVISIONS OF PROPOSALS

(a) Any proposal or revision received at the office designated in the solicitation after the time specified for receipt will not be considered unless it was sent, properly addressed:

(1) By registered or certified U.S. or Canadian mail not later than the fifth (5th) day before the date specified for proposal closing. (e.g. A proposal or revision relating to a solicitation with a closing date of the 20th of a month must have been placed in registered or certified mail by not later than the 15th of such month.);

(2) By first class mail, if the Contracting Officer determines that the late receipt was due solely to the Authority’s mishandling after delivery on its premises; or

(3) By U.S. Postal Service, Express Mail, Next Day Service, not later than 5:00 p.m. at the place of mailing two (2) business days prior to the date specified for proposal closing; or

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(b) A revision submitted after the date and time set for proposal closing will only be accepted if the Contracting Officer authorizes it. A submission in the nature of a Best and Final Offer (“BAFO”) received after the time and date specified in the Contracting Officer’s request for BAFOs will not be considered unless received before award and, in Contracting Officer’s judgment, the late delivery was not attributable to the offeror’s acts or omissions.

(c) The only acceptable evidence to establish the time of receipt by the Authority is the time/date stamp of that event on the proposal or any other documentary evidence of receipt maintained by the Authority.

(d) A proposal received after proposal closing may be considered if it is the only proposal received for the solicitation, or if a late revision of any otherwise successful proposal makes its terms more favorable to the Authority.

12. WITHDRAWAL OF PROPOSALS

Proposals may be withdrawn by written notice received by the Authority before award. Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is appropriately demonstrated and the representative signs a receipt for the proposal before award. A proposal may not be withdrawn after ninety (90) days from proposal closing without the Contracting Officer’s written approval.

13. RECEIPT AND REVIEW OF PROPOSALS BY THE AUTHORITY

(a) There will be no public opening of proposals for this solicitation. Proposals will be opened by the designated Authority representative and copies of the three (3) volumes of the proposal will be distributed for review by Authority designated personnel only, as appropriate. All reasonable efforts will be made to ensure confidentiality of the information contained in the proposals, consistent with applicable provisions of law.

(b) The Authority may award a Contract on the basis of the initial proposals as evaluated in accordance with the Evaluation Criteria without discussions. Accordingly, the initial proposal should contain the offeror’s best terms from both a price and technical standpoint.

(c) Notwithstanding a determination by the Authority to proceed without conducting substantive negotiations or discussions with offerors, the Authority may engage in communications with one (1) or more offerors relating to clarification(s) of their proposals.

(d) The Contracting Officer may, in his or her discretion engage in oral or written discussions with one (1) or more offerors regarding the Authority’s understanding of the proposals and/or to discuss deficiencies in the initial proposals. In determining those offerors with whom he or she chooses to engage in discussions, the Contracting Officer shall first make a determination regarding the initial proposals that he or she deems to be within the competitive range for Contract award. The Contracting Officer shall conduct discussions with all offerors submitting proposals that are within the competitive range.

(e) The Contracting Officer may, following such discussions, direct those offerors whose proposals are within the competitive range to submit Best and Final Offers (“BAFOs”). In such instances, the Contracting Officer shall award the Contract based upon his or her review of the BAFOs in accordance with the Evaluation Criteria. Nothing contained herein shall limit, modify or impair the Contracting Officer’s right to engage in any additional oral or written

Rev. 04/19 discussions or other communications relating to the solicitation that may, be consistent with the Authority’s best interests.

(f) The Contracting Officer may conduct discussions with offerors only for the purpose of making an unacceptable proposal acceptable. If all initial proposals are technically acceptable, the Authority may not conduct further discussions with offerors prior to Contract award.

(g) The Contracting Officer may request revised price proposals from all offerors who are technically acceptable.

(h) The Authority maintains the right to waive informalities and minor irregularities in proposals at any time during the solicitation process.

14. EVALUATION CRITERIA AND BASIS FOR AWARD

BEST VALUE

Proposals will be evaluated based upon application of the following Evaluation Criteria listed in descending order of importance:

The Authority will award a contract to the responsible offeror whose proposal conforms to the solicitation and is judged to be the most advantageous to the Authority based on an overall assessment of technical merit and price in accordance with the Evaluation Criteria. In conducting this assessment:

1. Technical Considerations Most Important:

The Authority is more concerned with obtaining superior technical or business management features than with making an award at the lowest overall cost to the Authority. However, the Authority will not make an award at a significantly higher overall cost to achieve only slightly superior technical or management features.

1. PAST PERFORMANCE/BUSINESS ORGANIZATION

• Offeror shall provide two (2) or more past performance references that are related to VMI, with a brief description of the scope of work performed for each past performance reference from at least two different organization.

• Offeror shall provide current and/or with in last five (5) years contracts, that are relevant, in scope and size to this RFP.

• Offeror shall provide the full name and address of its organization, including the parent company if it is a subsidiary. Specify the branch office or other subordinate element that will perform or assist in performing work herein. Indicate whether it operates as a partnership, corporation, or individual. Include the state in which incorporated or licensed to operate.

• Offeror shall list the company’s core competencies. Include any appropriate certifications, and/or awards that the organization has received in the past three (3) years. Include the net benefits realized by your clients with implementations managed by your organization.

• Offeror shall list the number of years the organization has been performing the listed core competencies.

• Offeror shall list the type and name of the organizations where services have been provided.

2. TECHNICAL REQUIREMENTS

Outlines the technical and system requirements needed to support a vendor managed inventory program, execute key activities and generate reports / analytics associated with

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WMATA's parts and material management organization. Offeror shall narratively demonstrate their technical ability in operating a vendor managed inventory program.

• Offeror’s proposed VMI solution, its overall functional and technical capabilities. Integration with current WMATA technical systems. Methodology to support data transformation and cleanup needed for successful VMI program. Implementing data governance program, and related reporting requirements.

• Offeror’s approach in integrating with Maximo, and WindChill.

o Compatible with WMATA middleware system "Oracle Fusion" Provide information "If technology is SAAS or Cloud Based"

• Offeror’s approach in providing and maintaining IT Resources to support implementation and steady state operation. Resumes required (Resources need to be able to provide / manage SQL query reports)

• Offeror’s approach in providing VMI Testing Resources for (product categories / Programs) o Capable of EDI mapping o Master Data management

• Offeror’s method to implementing solutions and any other recommendations.

3. PROCESS REQUIREMENTS/PROJECT METHODOLGY (Work Plan and Schedule)

Outlines the specific process requirements, including personnel, transportation, purchasing, delivery, warehousing, as well as, program specific process requirements. These requirements are included to ensure the Offeror can effectively manage WMATA's inventory. Offeror shall narratively demonstrate their ability to meet the following:

• Provide a description of work plan (Training, Fill Strategy, Stock Reorder Plans, and Explanation on how they procure parts, Procurement / Inventory Management Manual etc.)

• Offerors process flow between their team and WMATA’s Planning Team/Program Team.

o Risk identification and mitigation plan

• Provide an Implementation Strategy Plan to include major milestone and major tasks.

(Examples of other VMI solutions and lessons learned) o Implementation plan with key tasks, milestones, resources and critical path.

• Project management methodology.

• Reduce or eliminate excess/obsolete inventory.

• Offeror’s approach to acquire and delivery Emergency/Urgent items.

• Offeror’s approach to manage inventory based on cost, frequency, and importance.

• Offeror’s approach to develop and/or run analysis to determine demand needs for parts used during unplanned or corrective maintenance work orders.

• Offeror’s approach in establishing an emergency ordering process for parts impacting service availability - Turnaround time / delivery process.

• Team composition and allocation.

• Change management and readiness plan methodology

4. GOVERNANCE REQUIREMENTS

Outlines the governance/organization requirements expected to maintain the standardized processes, procedures, data structures/master data used for the vendor managed inventory operating model. Offeror shall narratively demonstrate their ability to maintain the resources to operate a vendor managed inventory program.

• Offeror’s approach to provide staffing proposal model for business operations (staff (part time / full time), management, & subcontractor level resources). Staffing qualification documents including must be submitted.

• Offeror’s approach in managing current VMI contracts or Parts contract.

• Offeror’s approach in the transfer of warranties for parts purchased by the Offeror to WMATA and manage the warranty after part has been used by WMATA (Note: the requirement is that

Rev. 04/19 the custody of the full manufacturer’s warranty will be transferred to WMATA at the time of product purchase from the VMI Contactor)

• Offeror’s approach in developing and maintaining a quality assurance/Counterfeit Part Mitigation Program

• Offeror’s approach in establishing a claim process include sample documentation.

• Offeror’s approach in providing systematic audit trails for transactions, changes, etc.

5. PERFORMANCE REQUIREMENTS

Outlines the specific information, reporting and KPIs required for WMATA to evaluate the Offeror ’s performance, as well as, streamline the decision-making process. Offeror shall narratively demonstrate their ability to perform the following requirements:

• Offeror’s approach in establishing baseline performance metrics and a model for the evaluation of the performance to ensure success of the program.

• Offeror’s approach in dealing with defective inventory.

15. RATINGS FOR PROPOSAL EVALUATION CRITERIA – (BEST VALUE ONLY)

Each criterion will be rated using the adjectival scoring method as follows:

Definition of adjectival rankings:

Exceptional Exceeds specified performance or capability in a beneficial way to WMATA and has no weakness.

Acceptable Meets evaluation standards required under the technical provisions. Weaknesses are correctable.

Marginal Fails to meet evaluation standard; however, any significant deficiencies are correctable. Lacks essential information to support a proposal.

Unacceptable Fails to meet an acceptable evaluation standard and the deficiency is uncorrectable.

Proposal would have to undergo a major revision to become acceptable.

Demonstrated lack of understanding of WMATA’s requirements or omissions of major areas.

A rating of “Acceptable” or higher is required to be eligible for award consideration. Offerors are cautioned to be aware of this standard when preparing proposals.

16. RATINGS FOR ACCEPTABILITY CRITERIA (LOW PRICE, TECHNICALLY ACCEPTABLE,

ONLY): NA

17. PRICE PROPOSAL EVALUATION

(a) The Contracting Officer will evaluate price proposals for reasonableness, completeness, and realism as appropriate. Costs will be evaluated in terms of the following:

(1) Submittal of proposed prices for both the base year (s) and the option year(s), if any;

(2) Any offer that is materially unbalanced may be rejected. An unbalanced offer is one (1) that is based on prices that are significantly overstated for some items and understated for other items;

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(3) The Contracting Officer will compare the price proposals to the Authority’s estimate and otherwise determine reasonableness by performing a price analysis, if adequate competition exists. If, in the Contracting Officer’s judgment, adequate price competition does not exist, he or she will conduct a cost analysis in order to ascertain whether the proposed price is fair and reasonable;

(b) The offeror shall provide certified cost or pricing data if the Contracting Officer requests it.

18. TECHNICAL PROPOSAL EVALUATION

The Authority will evaluate the technical proposal in accordance with the “Evaluation Criteria” set forth in paragraph 14 and render an assessment as to the overall technical merit of the proposal.

The proposal’s failure to demonstrate that it meets or surpasses an acceptable level with respect to any such element may result in a determination that the proposal is unacceptable and thus ineligible for award.

19. PRE-AWARD INFORMATION/CONTRACTOR RESPONSIBILITY

(a) In order to be eligible for award of a Contract, a proposer must affirmatively demonstrate to the Contracting Officer’s satisfaction that it is responsible for purposes of this Solicitation.

Such demonstration must include a showing that it maintains the requisite integrity, overall technical expertise and experience, (including prior performance on other Authority contracts or contracts with other government agencies), and sufficient financial resources to perform the Contract in a timely, satisfactory and appropriate manner.

(b) The Contracting Officer may conduct a pre-award survey and/or take other actions to obtain information regarding the proposer’s responsibility, if its offer is in the competitive range or is otherwise under consideration for award. The proposer shall promptly supply information that the Contracting Officer requests regarding its responsibility in such manner and form as he or she requests.

(c) Among other items, a proposer shall furnish the following when the Contracting Officer requests:

(1) A completed and signed “Pre-Award Evaluation Data” form (copy attached), including all referenced financial statements and information;

(2) Evidence of good standing in the System for Award Management (SAM) at www.sam.gov.

(3) Small Business Local Preference Program (SBLPP) documentation (if applicable) as set forth in Appendix C. The offeror’s failure to supply this information or otherwise fully cooperate with the Authority’s inquiry may result in a determination that the offeror is not responsible for purposes of this solicitation and thereby ineligible for award.

20. PRE-AWARD MEETING

The Authority reserves the right to require that a pre-award meeting be held with the apparent successful offeror prior to Contract award in order to review the offeror’s understanding of the Contract’s requirements and/or further assist the Authority in determining the offeror’s responsibility http://www.sam.gov/

Rev. 04/19 for purposes of award. The Contractor shall be represented at such meeting by individual(s) fully familiar with the Contractual requirements including, where so requested by the Contracting Officer, representative(s) of one or more major subcontractor(s).

21. SITE VISIT/INSPECTION OFFEROR’S FACILITIES

A successful Offeror must maintain sufficient facilities that will allow it to adequately perform Contract as specified herein. WMATA may make site visits prior to Contract award to examine the offeror’s facilities. This will include review of facilities and to verify that necessary equipment, supplies, etc.

are readily available.

22. CONTRACT AWARD

(a) At the conclusion of the technical and price evaluation processes, the Contracting Officer will award a Contract to the responsible offeror whose proposal conforms to the solicitation and is the most advantageous to the Authority based upon application of the Evaluation Criteria.

Such determination shall be based upon the initial proposals received where the Contracting Officer determines not to conduct discussions or shall be based upon the BAFOs if the Contracting Officer directs their submission.

(b) A written award mailed or otherwise furnished to the successful offeror at any time prior to withdrawal of the proposal shall result in a binding Contract without further action by either party. Discussions conducted after receipt of an offer do not constitute the Authority’s rejection or counteroffer.

(c) The Authority reserves the right to reject any and all proposals received and decline to enter into a Contract pursuant to this solicitation, if it deems such action is in the Authority’s best interests.

(d) WMATA intends to evaluate proposals and award a contract without conducting discussions with offerors; however, WMATA reserves the right to conduct discussions if the CO later determines to be necessary. Any exceptions or deviations by the offeror to the terms and conditions stated in this solicitation for inclusion in the resulting contract may make the offer unacceptable for award without discussions. If an offeror proposes exceptions to the terms and conditions of the contract, WMATA may make an award without discussions to another offeror that did not take exception to the terms and conditions of the contract.

23. PERFORMANCE/PAYMENT BONDS - NA

24. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO PROPOSE - NA

25. WMATA’S TAX EXEMPT STATUS

(a) Pursuant to Section 78 of the WMATA Compact, as adopted by the District of Columbia (D.C.

Official Code § 9-1107.01 et seq.), the State of Maryland (Md. Transportation Code §10- 204), and the Commonwealth of Virginia (Code of Virginia § 33.2-3100 et seq.) and consented to by the U.S. Congress in Pub. L. 89-774, 80 Stat. 1324 as amended, WMATA has been accorded exemption from taxes as follows:

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“The Authority and the Board shall not be required to pay taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision, or upon its activities in the operation and maintenance of any transit facility or upon any revenues therefrom, and the property and income derived therefrom shall be exempted from all Federal, State, District of Columbia, municipal, and local taxation.