RFQ 25-020 - Exhibits 1 - 6 Bid Forms.pdf

Salem Area Mass Transit District (SAMTD) RFP 25-020 Project Management Software

Exhibits 1-6 Page 0 of 7

BID FORMS

SALEM AREA MASS TRANSIT DISTRICT

EXHIBITS #1 - 6

The following completed forms must be included in all Bids in order to be considered responsive. Failure to include any of the requested information using the provided exhibits will render the Bid non-responsive. Bidders will not change any formatting or alter the Exhibits in any way. Nonresponsive Bids will not be considered for a contract award. Please sign and date each form and/or certification.

Submissions must be typed to be legible. Digital signatures are encouraged and preferred. Bids may submit a wet signature, provided the remainder of the submission is typed.

Exhibit #1 – Bid Form

Exhibit #2 – Non-Collusion Affidavit

Exhibit #3 – Organizational Conflict of Interest

Exhibit #5 - Contractor’s Representations & Warranties Certification

Exhibit #6 - Federal Debarment & Suspension Certificate

Exhibits 1-6 Page 1 of 7

EXHIBIT #1 BID FORM

The undersigned (“Bidder”), upon acceptance by SAMTD, agrees to furnish all labor, freight, transportation, materials, equipment, services, supplies, and other work in accordance with the Request For Proposal 25-020 entitled “Project Management Software”.

BIDDER: The undersigned certifies as follows:

1. That he/she has read and understands all requirements and specifications of the Invitation to

Bid (including all Appendices and Addenda also posted); and

2. That he/she agrees to all requirements, specifications, terms, and conditions of the RFQ referenced above; and

3. That he/she will furnish the designated item(s) and/or service(s) as quoted in the RFQ; and

4. That he/she certifies under penalty of perjury that Bidder is, to the best of his/her knowledge, not in violation of any Oregon tax law; and

5. That his/her company has been certified as one (1) or more of the following registered business classifications:

DBE ____ MBE ____ WBE ____ ESB ____ Veteran-Owned ____

Corporation ____ Other, identify: ___________________________

Resident Bidder (Oregon): _____ Yes _____ No

6. Federal Tax I.D. Number: _______________ D&B (Dun’s) Number: __________________

Firm's Name: _____________________________________________________________

Firm's Address: ___________________________________________________________

Contact Person: _____________________________ E-mail: _______________________

Authorized Signature: __________________________________ Date: _______________

Company Telephone Number: _________________________

Name of Project Manager and Title: ___________________________________________

Project Manager Contact Phone Number: __________________________

7. Accounts Receivable Address, if different from above:

8. Acknowledges receipt of the following addenda and understands failure to acknowledge

Addenda will render the Bid nonresponsive:

Addendum No. Dated Addendum No. Dated

Exhibits 1-6 Page 2 of 7

1. Provide, on a separate sheet of paper, no more than five (5) relevant references (customers within the past three (3) years) that demonstrate successful contract performance similar in size and scope as described in this ITB. Include the following for each reference (include transit or government experience):

a. Company name and full address

b. Point of contact name, title, e-mail address, and phone number

c. Contract title, number, start and completion dates

2. Identify any past (within the last three (3) years) or pending litigation alleging failure to perform in accordance with contractual obligations and describe present status. Explicitly state if there is no such litigation.

3. List any projects resulting in time extensions and the assessment of liquidated damages against the company or sub-contractors during the last five (5) years. Explicitly state if there were no extensions/assessments.

4. Identify any past (within the last three (3) years) or pending liens, claims, infractions, or citations filed or recorded by a County, State or the federal government, or filed by subcontractors, suppliers, or materialmen. List with whom, for what, and the amount claimed. Explicitly state if none of these situations apply.

5. Provide a list of contracts in the last five (5) years that terminated for reasons other than the natural expiration. Include details about why the contract terminated.

6. Have you defaulted on any contracts within the past three (3) years or failed to meet contract terms? If so, describe.

Bidder understands and agrees that, by his/her signature, if awarded the Contract for the project, he/she is entering into a contract with SAMTD that incorporates the terms and conditions of the entire Invitation to Bid package.

Bidder understands that this response constitutes a firm offer to SAMTD. Bids shall not be modified after the due date and time. Bids may be withdrawn by Bidder before Bid due date and time as specified within this solicitation If awarded the contract, Bidder agrees to deliver to SAMTD the required insurance certificates within ten (10) calendar days of the Notice of Award.

Bidder agrees to be bound by and will comply with the provisions of ORS 279C.838,279C.840 or 40 U.S.C.3141 to 3148.

IMPORTANT: This form must be signed below by the representative of the Bidding firm, with authority to bind the Bidder to a Contract to authenticate the bid.

Authorized Signature: ___________________________ Date: __________________

Printed Name: _________________________________________________________

Title: _________________________________________________________________

Exhibits 1-6 Page 3 of 7

EXHIBIT #2 NON-COLLUSION AFFIDAVIT

I state that I am (the sole owner) ____ (a partner) ____ (an officer) ____ (an agent) of ________________________, and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this offer.

I state that:

1. The price(s) and amount of this offer have been arrived at independently and without consultation, communication, or agreement with any other contractor, Bidder, or potential Bidder.

2. That neither the price(s) nor the amount of this Bid, and neither the approximate prices(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a Bid or potential Bid, and they will not be disclosed before the Bid closing.

3. No attempt has been made or will be made to induce any firm or person to refrain from

Bidding on this contract, or to submit a Bid higher than this Bid, or to submit any intentionally high or competitive Bid or other form of complementary Bid.

4. The Bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other form of competitive Bid.

5. ____________________________, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted of or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to Bidding on any public contract.

I state that _____________________ understands and acknowledges that the above representations are material and important, and will be relied on by Salem Area Mass Transit District in awarding the contract(s) for which this Bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Salem Area Mass Transit District of the true facts relating to the submission of Bids for this contract.

Signed: ___________________________________________ Date: _________________

Printed Name and Title: _____________________________________________________

Exhibits 1-6 Page 4 of 7

EXHIBIT #3 ORGANIZATIONAL CONFLICT OF INTEREST AND AVOIDANCE /

MITIGATION PLAN

This disclosure statement outlines potential organizational conflicts of interest, whether actual or perceived, that may arise from activities or relationships involving other persons or entities.

Such a conflict may exist if the person or entity:

1. Is unable or potentially unable to render impartial assistance or advice to Salem Area Mass

Transit District; or

2. Is or might be otherwise impaired in its objectivity in performing the contract work; or

3. Has an unfair competitive advantage.

SECTION I. List potential organizational conflicts of interest. An organizational conflict of interest exists where other activities, relationships, or contracts of a contractor inhibit, affect, or prevent the contractor from rendering impartial assistance or advice to SAMTD; a contractor's objectivity in performing the contract work is or might be otherwise impaired (e.g., a contractor assisting with a design might have a financial interest in a product or system that could be utilized in implementing that design); or a contractor has an unfair competitive advantage which might be gained through its involvement in writing, or reviewing the solicitation and contract documents, including the scope or specification except as part of a general industry review.

SECTION II of this disclosure statement describes the management plan for avoiding or neutralizing the potential Organizational Conflicts of Interest as described in SECTION I of this disclosure statement. I acknowledge that Salem Area Mass Transit District may require revisions to the management plan described in SECTION II of this disclosure statement prior to approving it, and that Salem Area Mass Transit District has the right, in its sole discretion, to limit or prohibit my involvement in the Contract as a result of the potential conflicts of interest described in SECTION I of this disclosure statement.

SECTION Ia – Name of Person or Firm Potentially Conflicted SECTION Ib – Current Project Name and Scope of Work SECTION Ic – Future Project Name and Description of Potential Conflict of Interest SECTION II - Plan for Managing Potential Conflicts of Interest

Signed __________________________________ Date ______________ ________________

Printed Name and Title _________________________________________________________

Exhibits 1-6 Page 5 of 7

EXHIBIT #5

CONTRACTOR’S REPRESENTATIONS AND WARRANTIES CERTIFICATION

(State of Oregon)

Contractor hereby represents and warrants to Salem Area Mass Transit District (SAMTD) that:

1. Contractor has the power and authority to enter into and perform this Contract.

2. This Contract, when executed and delivered, is a valid and binding obligation of

Contractor, enforceable in accordance with its terms.

3. Contractor (to the best of Contractor’s knowledge, after due inquiry) has never knowingly or intentionally failed to comply with:

(i) All tax laws of this state, including but not limited to ORS 305.620 and ORS

Chapters 316, 317, and 318;

(ii) Any tax provisions imposed by a political subdivision of this state that applied to

Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

(iii) Any tax provisions imposed by a political subdivision of this state that applied to

Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and

(iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

4. Any goods and/or services to be provided to SAMTD, in the performance of Contractor’s obligations under this Contract, shall be provided to SAMTD free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind.

Contractor Name: ______________________________________________

Signature of Authorized Representative: ____________________________

Printed Name: ____________________________Date: ________________

Title/Position: __________________________________________________

Exhibits 1-6 Page 6 of 7

EXHIBIT #6

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND

VOLUNTARY EXCLUSION

This certification is made in accordance with Executive Order 12549, 49 CFR Part 29, 31 U.S.C. § 6101 and similar federal requirements regarding debarment, suspension, and ineligibility with respect to federally funded contracts.

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier (subcontractors) covered transaction it enters into.

By signing and submitting its Proposal, the Proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by Salem Area Mass Transit District. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to remedies available to Salem Area Mass Transit District, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.

The Proposer further agrees to include a provision requiring such compliance in its lower-tier covered transactions (subcontractors).

If the Proposer is unable to certify to the statement above, it shall attach an explanation and indicate that it has done so by placing an “X” in the following space ________.

Signature of the Bidder or Bidder Authorized Official

Name and Title of the Bidder or Bidder Authorized Official

Federal ID #

Date