RFP_Competitive_(Federal)_FQ19079ACM.pdf

Rev. 04/18

Request For Proposals (Federal)

Wireless Mobile Column Lifts

RFP No. FQ19079/ACM

Date: December 10, 2018

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

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):

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

24. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS

25. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO PROPOSE

26. WMATA’S TAX EXEMPT STATUS

27. RESTRICTION ON DISCLOSURE AND USE OF DATA

28. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

29. BRAND NAME OR EQUAL

30. REQUESTS FOR RECORDS

31. NOTICE OF PROTEST POLICY

REPRESENTATIONS & CERTIFICATIONS

1. TYPE OF BUSINESS ORGANIZATION

2. AFFILIATION AND IDENTIFYING DATA

3. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

4. DISADVANTAGED BUSINESS ENTERPRISE

5. SMALL BUSINESS ENTERPRISE (MAY 2015)

6. AFFIRMATIVE ACTION COMPLIANCE

7. COVENANT AGAINST GRATUITIES

8. CONTINGENT FEES

9. CLEAN AIR ACT AND CLEAN WATER ACT CERTIFICATION

10. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION

11. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

12. CERTIFICATION OF NONSEGREGATED FACILITIES

13. NONDISCRIMINATION ASSURANCE

14. CERTIFICATION OF RESTRICTIONS ON LOBBYING

15. BUY AMERICA ACT CERTIFICATION

16. CERTIFICATION OF NON-DELINQUENT TAXES

17. DISCLOSURES OF INTERESTS OF WMATA BOARD MEMBERS

18. CRIMINAL BACKGROUND SCREENING CERTIFICATION (QUARTERLY)

19. 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 [OPTIONAL]

5. INDEFINITE QUANTITY CONTRACT

6. ORDERING

7. ORDER LIMITATIONS

8. AUDIT, AVAILABILITY, AND INSPECTION OF RECORDS- FTA

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

2. OPTIONS- EVALUATION

3. 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

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

7. CORRECTION OF DEFICIENCIES

8. FIRST ARTICLE INSPECTION

9. F.O.B. DESTINATION

10. 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- FTA

3. TERMINATION FOR CONVENIENCE- FTA

4. ASSIGNMENT- FTA

5. DISPUTES- FTA

6. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS FOR CONSTRUCTION

ACTIVITIES- FTA

CHAPTER VII – INDEMNIFICATION/INSURANCE/RISK OF LOSS

1. INDEMNIFICATION

2. INSURANCE REQUIREMENTS

3. TITLE AND RISK OF LOSS

4. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS – FTA

5. VETERANS PREFERENCE – FTA

6. INAPPLICABILITY OF CLAUSES REQUIRING UNAUTHORIZED OBLIGATIONS

CHAPTER VIII – INTELLECTUAL PROPERTY RIGHTS

1. PATENT INDEMNITY

2. SET-OFF

3. RIGHTS IN TECHNICAL DATA- LIMITED

4. RIGHTS IN TECHNICAL DATA – UNLIMITED

5. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT [SUPPLIES]

6. ROYALTY INFORMATION

CHAPTER IX – ADDITIONAL COVENANTS/LEGAL REQUIREMENTS

1. NONDISCRIMINATION ASSURANCE- FTA

2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME

COMPENSATION

3. WALSH-HEALEY PUBLIC CONTRACTS ACT

4. DAVIS-BACON ACT- FTA

5. COPELAND ANTI-KICKBACK ACT – FTA

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 – FEDERAL

16. WORKPLACE VIOLENCE/ZERO TOLERANCE

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

FTA

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. FEDERAL, STATE, AND LOCAL TAXES

2. PUBLIC COMMUNICATION

3. CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

4. SEVERABILITY

5. SURVIVAL

CHAPTER XI – ADDITIONAL FEDERAL PROVISIONS

1. NOTIFICATION OF FEDERAL PARTICIPATION- FTA

2. ALL NECESSARY FEDERAL PROVISIONS DEEMED INCLUDED- FTA

3. ACCESS TO THIRD PARTY CONTRACT RECORDS- FTA

4. AMERICANS WITH DISABILITIES ACT ACCESSIBILITY – FTA

5. RIGHTS IN DATA AND COPYRIGHTS — FTA

6. PATENT RIGHTS – FTA

7. BUY AMERICA ACT- FTA

8. PRE-AWARD AND POST DELIVERY AUDIT REQUIREMENTS – FTA

9. CHARTER BUS REQUIREMENTS- FTA

10. SCHOOL BUS REQUIREMENTS- FTA

11. BUS TESTING- FTA

12. CARGO PREFERENCE- FTA

13. CLEAN AIR ACT- FTA

14. CLEAN WATER ACT- FTA

15. RECOVERED MATERIALS/ RECYCLED PRODUCTS- FTA

16. RETAINAGE

17. ENERGY CONSERVATION- FTA

18. CHANGES TO FEDERAL REQUIREMENTS- FTA

19. FLY AMERICA REQUIREMENTS- FTA

20. PAYMENT DEDUCTIONS - NONCOMPLIANCE WITH DBE REQUIREMENTS- FTA

21. GOVERNMENT-WIDE DEBARMENT OR SUSPENSION- FTA

22. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

23. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES- FTA

24. FALSE STATEMENTS OR CLAIMS CIVIL AND CRIMINAL FRAUD- FTA

25. LOBBYING- FTA

26. NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS ARCHITECTURE AND

STANDARDS-FTA

27. CONTRACTS INVOLVING FEDERAL PRIVACY ACT REQUIREMENTS- FTA

28. PROGRESS PAYMENTS

29. BONDING FOR CONSTRUCTION PROJECTS EXCEEDING $150,000 – FTA

30. BONDING REQUIREMENTS – GENERAL

31. SEISMIC SAFETY – FTA

CHAPTER XII-WMATA POLICIES

1. SAFETY REQUIREMENTS

2. CRIMINAL BACKGROUND CHECK REQUIREMENT

3. WORKPLACE VIOLENCE/ZERO TOLERANCE

MID-ATLANTIC COOPERATIVE RIDER CLAUSE

BOND FORMS

PART III TECHNICAL SPECIFICATIONS- STATEMENT OF WORK

APPENDIX B

APPENDIX B-1

SMALL BUSINESS ENTERPRISE PROGRAM (SBE)

COMBINED GLOSSARY OF DEFINITIONS

Washington Metropolitan Area Transit Authority RFP: FQ19079/ACM Wireless Mobile Column Lifts

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 3G-01

Attn: Angelina C. Mulenga /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 NO LATER THAN 2:00 P.M. EST. Wednesday January 23, 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 B (IF APPLICABLE) - VOLUME III

APPENDIX B-1 (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 Angelina C. Mulenga via email acmulenga@wmata.com mailto:acmulenga@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/ http://www.wmata.com/ mailto:clm@wmata.com

SUPPLY AND SERVICE CONTRACT RFP-FQ19079/ACM

SOLICITATION, OFFER AND AWARD

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

RFP FQ19079/ACM

12/10/2018 Office of Procurement 600 Fifth Street NW

Washington, DC 20001 ADVERTISED X NEGOTIATED

SOLICITATION

Sealed offer in original and TWO (2) and one (1) electronic (USB) copy for furnishing the supplies or services in the schedules will be received at Authority until 2:00 P.M. Local time 1/23/2019 (Hour) (Date) CAUTION – LATE OFFERS: See paragraph 6 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 E-mail Proposer’s Phone Number Proposer’s Fax Number

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 TRANSIT AUTHORITY AWARD DATE

SUPPLY AND SERVICE CONTRACT RFP-FQ19079/ACM

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET

THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENTS

TO SOLICITATION RFP FQ19079/ACM

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 FQ19079/ACM

PRICE SCHEDULE SHEET

The Washington Metropolitan Area Transit Authority (WMATA) requires a qualified Contractor (s) to provide Wireless Mobile Column Lifts, Manufacturer Stertil Koni/make/model ST- 1085-FWA or Approved Equal, as outlined in the Statement of Work.

WMATA anticipates a one-time contract at a firm, fixed price from this solicitation. The price schedule expressly requires that the offeror propose on all items. Failure to do so will render your proposal non-responsive.

If items called for by this RFP have been identified in the Price Schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Proposals offering "equal" products including products of the brand name manufacturer other than the one (1) described by brand name will be considered for award, if such products are clearly identified in the proposals and the Authority determines them to fully meet the salient characteristics (physical, functional, or performance) requirements in the Statement of Work (SOW).

Pricing must include all direct and indirect costs associated with this solicitation, including but not limited to: warranties, permits, delivery cost, labor, set-up/installation and training.

Contractor must include a copy of the Brochure (s) with equipment specifications for suggested Wireless Mobile Column lifts.

ITEM

NO.

DESCRIPTION ITEMS UNIT OF

MEASURE

QTY PRICE EXTENDED

PRICE

Lead Time

1. Wireless Mobile Column lifts SET (OF 6) 9

2.

Warranty:

- Two (2) Years on parts

- One (1) Year on labor

- Five (5) years on Cylinders

- Lifetime on carriage rollers

(effective from date of acceptance by WMATA)

SET (OF 6) 9

3.

Training SET (OF 6) 9

4.

Maintenance SET (OF 6) 9

5. Installation SET (OF 6) 9

6. Set-up SET (OF 6) 9

GRAND TOTAL

Pre-delivery service should include a check for proper operation condition, and overall check for safe operating conditions.

PRICE SCHEDULE SHEET

Continuation

The Apparent low price technically acceptable offeror must deliver a demonstration on-site at WMATA, of the wireless mobile column lifts offered, using one (1) set of 6 columns, and lifting a WMATA transit bus.

Describe delivery time frame after receipt of Notice of Award: ____________________________

Delivery date and time must be scheduled in advance. Please contact Ms. Rashelle Thomas on 301-618-1180 and Mr. Joseph Bailey on 301-618-1212 prior to delivery.

Authorized Signature

Company Name

RFP SOLICITATION INSTRUCTIONS

1. INTRODUCTION

(a) The Authority is seeking certified distributors to provide, furnish, deliver and guarantee successful operation of Wireless Mobile Column Lift Systems & Accessories for utilization by WMATA’s maintenance department. 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) Since this is a Low Price Technically Acceptable (LPTA) solicitation, award of a

Contract hereunder shall be to the offeror whose proposal is deemed by the Authority as satisfying all technical requirements for acceptability stated in the solicitation and offers the lowest price of those satisfying all such requirements.

(c) The Authority contemplates award of a firm fixed price contract. Unless otherwise specified in the Price Schedule, the Authority reserves the right to make multiple awards pursuant to this solicitation.

(d) REQUIREMENTS CONTRACT - NOT APPLICABLE (N/A)

(f) INDEFINITE QUANTITY - NOT APPLICABLE (N/A)

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.

(c) Contractor agrees that project property will remain available to be used for its originally authorized purpose throughout its useful life or disposition.

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 Contract award , must be directed to the Contract Administrator as follows: Angelina C. Mulenga, acmulenga@wmata.com or 202-962-1621

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 mailto:acmulenga@wmata.com

Rev. 04/18 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. The pre-proposal conference will be held from 10 a.m. – 11a.m. on December 19, 2018, WMATA Carmen Turner Facility (CTF), 3500 Pennsy Drive, Landover MD, 20785 Conference Room C244.

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 proposal closing, the solicitation number, and offeror’s name and address on the face of the envelope. Faxed proposals will not be considered.

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 - One (1) original and any required copies of the cost/price proposal;

(2) Volume II – Technical - One (1) original and any required copies of the technical proposal (Shall not include cost/price information);

(3) Volume III – Contractual - One (1) original and any required copies of the completed, signed solicitation documents to include Representations, Certifications, Pre-Award Data, Certificate(s) of Insurance, DBE requirements per Appendix B (if applicable), SBE requirements per Appendix B-1 (if applicable) and amendments, if any.

NOTE: Offeror shall submit one (1) USB will all volumes: Volume I, Volume II and Volume III.

(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, DBE requirements per Appendix B (if applicable), SBE requirements per Appendix B-1 (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 proposal closing 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

(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 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.

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

(f) 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

TECHNICALLY ACCEPTABLE – LOW PRICE

(a) The Authority will award a Contract resulting from this solicitation to the responsible offeror(s) whose proposal conforms to the solicitation and is determined to be the lowest priced among those proposals rated “technically acceptable.” For purposes of determining whether a proposal is “technically acceptable” for purposes of this solicitation, the following Criteria for Acceptability shall apply:

Criterion 1- The bus lifts must meet or exceed the following requirements:

a. 18,000lb. capacity per column

b. Adjustable fork that is a minimum of 14 inches long. Clearance between carriage and vehicle contact point is 10 inches. In the event of a vehicle air-suspension failure or a flat tire to avoid vehicle contact with the column.

c. Allows operation from a control panel mounted on each column (up to 8 columns in a set) for synchronized operation. Paired, individual and group operation is possible from any column in the set.

i. The wireless controls must utilize 24 VDC batteries and includes a built-in self-regulating 110 VAC charging system.

ii. Ability to operate up to 480 columns in 60 sets of 8 columns within one facility

iii. Capable to operate at reduced lowing speed/synchronizing interchangeable with current infrastructure and equipment.

Criterion 2 - Warranty:

Contractor must provide a copy of their standard warranty and must include information regarding warranty process and extended warranty. Provide detail for equipment, parts and Labor. The contractor shall be responsible for the cost of any inspections, adjustments, parts, labor, travel, pickup and/or delivery changes that are a result of equipment failures(s) during the warranty period.

Criterion 3 – Condition:

Lifts provided under this contract must be new and unused and the most current advertised production model. The lift must be complete with all equipment required for operation.

Criterion 4 – Manuals, Training, Installation:

a) Contractor must provide adequate training in operation, safety and maintenance of supplied vehicle lifts before payment will be made.

b) Each lift must be supplied with operation and service manuals to include an illustrated parts breakdown and service schedules.

c) Installation and service must be by manufacture certified technicians.

d) The manufacturer must be a firm regularly engaged in the design and manufacturing of lifts described herein for a period of not less than 5 years.

e) Vehicle Lifts must be delivered to purchasers’ installation location or installed at the option of the purchaser.

Criterion 5 – Certification:

- Only certified lifts meeting ANSI/ALI ALCTV must be provided

- The Lifts must meet NEMA Standards

- Lifts must be supplied with all ANSI, ALI/ETL safety data, safety booklets and lifting points’ guides. Safety decals must be permanently placed on the lift in clear view of the operator.

Criterion 6 – Demonstration

Contract must outline their ability to deliver a demonstration of the Wireless Mobile Column lifts at WMATA’s site. (One (1) set of 6 columns), lifting a WMATA Transit Bus.

(b) The Authority reserves the right to award this Contract without discussions or further communications concerning the proposals received. Proposals should contain the offeror’s best terms from both a price and technical standpoint. The Contracting Officer reserves the right to engage in oral or written communications with proposers, if necessary to make an unacceptable proposal acceptable.

(c) The elements of the technical proposal will be rated in accordance with the Criteria for Acceptability. Only those proposal(s) as are deemed acceptable in terms of their overall technical merit shall remain eligible for potential award.

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

NOT APPLICABLE

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16. RATINGS FOR ACCEPTABILITY CRITERIA (LOW PRICE, TECHNICALLY

ACCEPTABLE, ONLY):

Each criterion will be rated using the following scoring method:

Definition:

Acceptable Meets criteria for acceptability/evaluation standards required under the technical provisions. Weaknesses are correctable.

Marginal Fails to meet criteria for acceptability/evaluation standards. Any significant deficiencies are correctable. Lacks essential information to support a proposal.

Unacceptable Fails to meet a criterion for acceptability or 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” is required to be eligible for award consideration. An initial proposal that is marginal must be determined to be either acceptable or unacceptable before any award(s) can be made. Offerors are cautioned to be aware of these standards when preparing proposals.

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;

(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 proposals in accordance with the “Criteria for Acceptability” set forth in paragraph 14, above. A proposal that fails to meet the minimum standard for acceptability with respect to each element may be deemed technically unacceptable and thus ineligible for award, regardless of price.

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. Failure to so demonstrate may result in rejection of the offeror as not responsible.

(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) Disadvantaged Business Enterprise data as set forth in Appendix B. The submittal of certain items and request for waiver (if applicable) are required if the proposal is $150,000 or greater. Failure to submit forms B-12, B-13, and/or to request waivers (if applicable) may cause the proposal to be rejected. An 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.

(4) Small Business Enterprise (SBE) documentation (if applicable) as set forth in Appendix B-1. 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.

http://www.sam.gov/

20. PRE-AWARD MEETING

21. SITE VISIT/INSPECTION OFFEROR’S FACILITIES

22. CONTRACT AWARD

(a) At the conclusion of reviewing the technical proposals for acceptability, the Contracting

Officer shall award Contract to the responsible offeror whose proposal is the lowest priced out of all proposals that are technically acceptable. Such determination shall be based upon initial price proposals or revised price proposals where 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.

(b) The Authority reserves the right to reject and any 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.

23. PERFORMANCE/PAYMENT BONDS

24. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS

Attached as part of this solicitation are documents outlining the requirements for the Disadvantaged Business Enterprise (DBE) Program: The DBE requirement/goal for this Contract is 0%.

(a) If the proposal is over $150,000, in order for the offeror to be considered responsible, the following documents (See Appendix B) shall be completed and submitted with the proposal:

Schedule of DBE Participation

Letter of Intent to Perform as Subcontractor/Joint Venturer (If applicable)

DBE Unavailability Certification

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(Where applicable)

Written request for waiver, when DBE participation is less than stated percentage.

(b) If this Contract involves a Small Business Enterprise (SBE) set-aside, the provisions of Appendix B-1 are applicable. Appendix B-1 forms must be completed by each offeror to insure that its proposal is acceptable.

The provisions of Appendix B (if attached) do not become applicable and forms do not have to be completed, unless the total proposal price is $150,000 or more. If the offer is $150,000 or more and any portion of the submittal requirement is omitted, then the proposal may be found to be unacceptable and subsequently rejected. Appendix B forms and/or waivers must be completed with great care by each offeror to ensure that the proposal is acceptable.

25. OPPORTUNITY FOR DISADVANTAGED BUSINESS ENTERPRISES TO PROPOSE

The Washington Metropolitan Area Transit Authority hereby notifies all prospective offerors that it will affirmatively ensure that disadvantaged minority business enterprises will be afforded full opportunity to submit proposals in response to this solicitation and will not be discriminated against on the basis of race, color, creed, sex, religion, national origin, disability, sexual preference or gender identity in consideration for award.

26. WMATA’S TAX EXEMPT STATUS

(a) Pursuant to Article XVI, Paragraph 78, of the Washington Metropolitan Area Transit Authority’s Compact, as adopted by the State of Maryland, the District of Columbia, and the Commonwealth of Virginia, with the authorization and consent of the Congress of the United States, the Authority has been accorded exemption from taxes as follows:

"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. This exemption shall include without limitation, all motor vehicle license fees, sales taxes and motor fuel taxes."

(b) By submission of its proposal, the offeror certifies that none of the taxes that the

Authority is exempt from are included in its cost proposal.

27. RESTRICTION ON DISCLOSURE AND USE OF DATA

The Authority shall provide all reasonable precautions to ensure that proprietary, technical and pricing information remains within the review process. Offerors shall attach to any proprietary data submitted with the proposal the following legend:

(a) "This data furnished pursuant to this RFP shall not be disclosed outside the Authority, be duplicated, or used, in whole or in part, for any purpose other than to evaluate the offer. If a Contract is awarded on the basis of this offer, the Authority shall have the right to duplicate, use, and disclose this data, in any manner and for any purpose whatsoever.

(b) This information does not limit the Authority's right to use information contained in this data, if the Authority obtains it from another independent, legitimate source.

(c) Except for the foregoing limitation, the Authority or its agents may duplicate, use, and disclose in any manner and for any purpose whatsoever, all data furnished in response to this solicitation."

28. ENGLISH LANGUAGE AND UNITED STATES CURRENCY

With respect to both this solicitation and the resultant Contract:

(a) All communications (oral, written, electronic and otherwise including but, not limited to, software coding) shall be in the English language.

(b) All pricing shall be in United States dollars.

29. BRAND NAME OR EQUAL

(a) If items called for by this RFP have been identified in the Price Schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Proposals offering "equal" products including products of the brand name manufacturer other than the one (1) described by brand name will be considered for award, if such products are clearly identified in the proposals and the Authority determines them to fully meet the salient characteristics (physical, functional, or performance) requirements in the Statement of Work (SOW).

(b) Unless the offeror clearly indicates in its proposal that it is offering an "equal" product, the proposal shall be considered as offering a brand name product referenced in the

RFP.

(c) If the offeror proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished in the space provided in the RFP, or such product shall be

Rev. 04/18 otherwise clearly identified in the proposal. The determination as to equality of the product offered shall be at the Authority’s sole discretion.

CAUTION TO OFFERORS. WMATA is not responsible for locating or securing any information that is not identified in the proposal and reasonably available to the Authority.

The offeror must furnish as a part of its proposal all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the Authority to determine whether the product offered meets the salient characteristics of the RFP.

The information furnished may incorporate by specific reference, information previously furnished or otherwise available to the Authority. If the Offeror proposes to modify a product to make it conform to the RFP, it shall include in the proposal, a clear description of such proposed modifications, and clearly mark any descriptive material to show the proposed modifications.

30. REQUESTS FOR RECORDS

The Washington Metropolitan Area Transit Authority (WMATA), in the regular course of business, may receive from the public, including prospective vendors and bidders, requests for records on a variety of topics. It is WMATA’s policy to make official agency records, including electronic records, available to the public, unless specifically prohibited by WMATA’s policy or applicable laws.

(a) “Records” means any existing writings, drawings, maps, recordings, tapes, film, microfilm, correspondence, forms, cards, photographs, optical disks, photo copies, and records stored by computer (electronic records) that are made or received by WMATA in connection with a public contract. A record does not include uncirculated personal notes, papers, electronic records and any other records that were created and retained solely as work papers for personal use of the Contracting Officer, Contract Administrator or other WMATA employee.

(b) WMATA’s contracting process allows for the release/posting of certain information concerning this Contract after its award. This includes the name of the successful offeror and the amount of the award. This information is available on WMATA’s website under “Business with Metro” or directly from the Contract Administrator.

(c) Upon WMATA’s request, the successful offeror shall be required to provide a redacted copy of the successful technical and price proposals with confidential and proprietary information redacted.

(d) After the award is announced, the winning proposal may be subject to release under

WMATA’s Public Access to Records Policy (PARP).

(e) When WMATA determines that a successful proposal will be of wide public interest, WMATA will post the redacted proposal on its website. When WMATA receives three

(3) or more requests for a successful proposal, WMATA will post the redacted proposal on its website.

Rev. 04/18

(f) Requests for Records that are not made available during the procurement process and that are not generally made available during the de-briefing process will be submitted in accordance with the PARP. Requests must be in writing and sent by mail to the Office of General Counsel, Washington Metropolitan Area Transit Authority, 600 Fifth Street, NW, Washington, D.C. 20001, or by electronic mail at parpprivreq@wmata.com or by facsimile to the attention of the PARP Administrator at (202) 962-2550. If a request for records is sent directly from the requestor to a Contract Administrator, department, or independent office, that entity shall immediately forward the request to the PARP Administrator in the Office of General Counsel. If records are subject to a PARP request, a member of the PARP team will contact the company to begin the PARP document review process, which includes providing detailed written justifications for any information for which exemptions are claimed.

(g) Neither WMATA’s proposal/debriefing process nor the PARP process generally allow for the release of information that would cause competitive harm to the proposers, other organizations, WMATA’s employees, or interests. Information that will be withheld includes the following:

(1) The names of unsuccessful offerors;

(2) The technical and price proposals of unsuccessful offerors;

(3) Personal information (this does not include education and qualifications which are released) about the successful offeror or its employees that is not available to the public on the website of the successful offeror;

(4) Unit price details of the successful price proposal (this does not include the bottom line price, which is released);

(5) WMATA’s technical evaluation of any proposals submitted to WMATA pursuant to a solicitation;

(6) The names of the vendors who file a protest to the solicitation or its award;

(7) The written adjudication of any protests;

(8) Personal information concerning WMATA’s employees; and

(9) Trade secrets and confidential commercial or financial information obtained from an offeror.

(h) If your company’s records are subject to a PARP request (i.e., if it is the successful offeror), a broad claim of confidentiality for the entire proposal or pages of the proposal is rarely acceptable, and will likely be rejected during the PARP process. Therefore, WMATA suggests that you narrowly identify your confidential/proprietary information based on the following guidance:

(i) Information that may be withheld/redacted:

(1) Detailed pricing except bottom line offer amounts;

(2) Trade Secrets;

Rev. 04/18

(3) Unique proprietary solutions not publicly known;

(4) Employee/personnel names below the executive level; however, information regarding qualifications of employees is released; and

(5) Subcontractor/vendor identities, if not publicly known.

(j) Public information subject to release:

(1) Any information on your company’s website;

(2) Publicly known information (even if not on your company’s website);

(3) General company background;

(4) Mere compliance with RFP requirement; and

(5) Anything standard to the industry.

31. NOTICE OF PROTEST POLICY

(a) The Authority’s procedure for the administrative resolution of protests is set forth in

Chapter 17 of WMATA’s Procurement Procedures Manual (PPM). The procedures contain strict rules for filing a timely protest, for responding to a notice that a protest has been filed, and other procedural matters.

(b) The basis on which FTA will review a grantee’s protest decision is defined in §17-8.

FTA will generally exercise discretionary jurisdiction over cases deemed to involve issues important to the overall third party contracting program. FTA’s decision to decline jurisdiction over a protest does not imply approval of or agreement with the agency’s decision or that FTA has determined that this Contract is eligible for Federal participation.

(c) Alleged violation must be submitted to the Contracting Officer who will administratively decide the protest.

(d) The United States District Courts for the Districts of Maryland, Virginia and the

District of Columbia, and the local courts in Maryland, Virginia and the District of…