PIONEER VALLEY TRANSIT AUTHORITY

REQUEST FOR QUOTES

RFP #27-004

FOR

Independent Inspection Services – Transit Bus

RFQ ISSUE:

November 11, 2026

RFQ DUE:

December 11, 2026

2:00 PM, EST

CONTACT:

Wesley Brown, Procurement Officer

Pioneer Valley Transit Authority 2808 Main Street

Springfield, MA 01107 wbrown@pvta.com mailto:wbrown@pvta.com

RFQ 27-004 Independent Inspection Services – Collision Repair of Unit

Section 1. General Information

Request for Quotes (RFQ) #27-004 Independent Inspection and Technical Advisory Services – Collision

Repair of Transit Bus Unit #1876

QUOTES DUE: December 11, 2026 @ 2:00 PM EST Contact: Wesley Brown, PVTA Procurement Officer, wbrown@pvta.com Quotes must be submitted in PDF format by email.

1.1 Introduction

The Pioneer Valley Transit Authority (PVTA) is a regional transit authority and political subdivision of the

Commonwealth of Massachusetts, organized under Chapter 161B of the Massachusetts General Laws.

PVTA provides public transit service to twenty-four (24) communities in the Pioneer Valley region of western Massachusetts. PVTA is funded with federal, state and local funds and passenger farebox revenue.

PVTA is seeking a qualified, independent firm to provide inspection and technical advisory services during the collision repair of one (1) 2024 New Flyer XDE40 low-floor hybrid transit bus, PVTA Unit

#1876. The repair itself is being procured separately under RFP #27-003, Bus Collision Repair Services –

Transit Bus.

PVTA will award to the responsive and responsible firm that meets the minimum qualifications in

Section 4 and submits the lowest total evaluated price, as described in Section 6.

1.2 Funding

Any contract resulting from this RFQ is subject to financial assistance from the Federal Transit

Administration (FTA) and the Massachusetts Department of Transportation (MassDOT). The Federally

Required Contract Clauses in Exhibit F will become part of the contract.

1.3 Disadvantaged Business Enterprises

Any contract entered into under this RFQ will afford Disadvantaged Business Enterprises (DBEs) full opportunity to submit quotes. DBEs will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award. The DBE participation goal for this contract is 0%.

No contract goal has been set; DBE participation will be obtained through race-neutral means, and the successful Proposer will be required to report its DBE participation throughout the contract.

1.4 Reservation

PVTA reserves the right to reject any and all quotes, and to waive informalities and irregularities, as it deems in its best interest.

Section 2. Background

2.1 The Vehicle

Item Detail

PVTA Unit # 1876

Year / Make / Model 2024 New Flyer XDE40 Low-Floor Hybrid Transit Bus

VIN 5FYH8FR17RC110002

New Flyer OEM Parts Manual ID SR2906

Date of Loss June 27, 2026

Reported Odometer (October 30, 2026) 88,685 miles

Current Location 2808 Main St., Springfield, MA 01107; PVTA will relocate the vehicle to 665 Cottage St., Springfield, MA 01104 before the Notice to Proceed

An independent collision damage assessment found extensive damage to the front structural and chassis weldment assemblies, extending rearward toward, but not appearing to include, the first bulkhead behind the front axle. Damage was also identified to steering and front axle components, the windshield and exterior equipment, the driver's compartment, the front entrance door and wheelchair ramp, and electrical and electronic systems.

2.2 The Repair Contract (RFP #27-003)

PVTA is separately procuring a firm-fixed-price contract to restore Unit #1876 to its documented pre-collision condition in accordance with OEM requirements. The repair contractor will transport the bus to its own facility, perform the work, and return the bus to PVTA. The repair facility location will not be known until RFP #27-003 is awarded, anticipated in February 2027. RFP #27-003 is posted on

COMMBUYS and www.pvta.com.

RFP #27-003 provides that:

• The PVTA Inspector has access to the repair facility, the vehicle, removed components and the repair contractor's quality assurance files, and receives five (5) business days' notice before each hold point. The PVTA Inspector is advisory only; the Technical Project Manager decides (RFP

#27-003, §6.25).

• The repair contractor may request additional compensation for concealed damage, defined as collision-related damage that could not reasonably have been identified from the solicitation documents and the permitted pre-proposal inspection without substantial disassembly. Each request must include photographs, measurements, parts lists, labor hours and an explanation of why the damage was not identifiable earlier (RFP #27-003, §5.10).

• PVTA has thirty (30) calendar days after the bus is returned to accept or reject it (RFP #27-003, §6.1).

2.3 Purpose of This Contract

PVTA expects that the repair contractor will submit one or more concealed-damage requests. PVTA needs an independent technical expert who will observe the repair, verify that work meets OEM and contract requirements, and give PVTA an objective assessment of each concealed-damage request. The inspector works for PVTA and has no contractual relationship with the repair contractor.

Section 3. Scope of Services

The Contractor shall provide the services below. Each task maps to a line item on the Price Form (Exhibit

A). Inspection visits at the repair facility are scheduled by PVTA's Technical Project Manager based on the repair contractor's approved schedule.

3.1 Task A – Baseline Inspection (at PVTA)

Before Unit #1876 leaves PVTA's custody, the Contractor shall:

1. Review the independent collision damage assessment, damage photographs, and the RFP #27-

003 solicitation, addenda and executed repair contract.

2. Inspect and photograph the vehicle at 665 Cottage St., Springfield, MA, and record its as-delivered condition, including visible damage, accessible measurements and stored diagnostic fault codes.

3. Submit a Baseline Condition Report within five (5) business days. This report is the reference

PVTA will use when evaluating concealed-damage requests.

3.2 Task B – Teardown Inspection (at repair facility)

After the repair contractor completes disassembly of the damaged area, and before repairs begin, the

Contractor shall:

1. Inspect the exposed structure, weldments, steering, front axle, wiring harnesses and other systems.

2. Witness or verify frame and body dimensional measurements against OEM specifications.

3. Document all damage found and identify any condition that differs from the Baseline Condition

Report.

4. Submit a Teardown Inspection Report within three (3) business days.

3.2A Task B-1 – Repair Plan and Parts List Review (hold point)

After teardown, the repair contractor will submit a final repair plan and parts list under RFP #27-003. No repair work may begin until PVTA authorizes it in writing. Within five (5) business days of receiving the submittal, the Contractor shall:

1. Review the repair plan, repair methods, parts list (with OEM part numbers), proposed approved equals, weld procedures and schedule against the Baseline and Teardown reports, OEM repair procedures and the RFP #27-003 contract.

2. Advise PVTA in writing whether the plan is complete and technically sound, and identify any work it considers unnecessary, missing or underspecified.

3. Identify tradeoffs PVTA should consider, such as repair versus replacement of a weldment or component, OEM versus approved-equal parts, and effects on cost, schedule, durability or warranty.

4. Identify any planned work that goes beyond the firm-fixed-price scope and review it as a concealed-damage request under Task D.

5. Attend one review meeting with PVTA and, if PVTA requests, the repair contractor (in person or virtual).

6. Review one revised submittal, if needed, within three (3) business days.

The Contractor's review is advisory. PVTA alone decides whether to authorize the repair contractor to proceed, and any change to the repair contract's price, scope or schedule is made only by written modification.

3.3 Task C – In-Process Inspections (at repair facility)

C-1 Structural and Weldment Hold Points. The damaged area includes the front structural and chassis weldment assemblies, so structural welding is subject to PVTA hold points. The repair contractor may not coat, seal or cover repaired structure until the Contractor has completed the inspection below or

PVTA waives it in writing. At each structural hold point the Contractor shall:

1. Review the repair contractor's structural repair plan, the applicable New Flyer structural repair procedures, and the weld procedure specifications to be used.

2. Verify that each welder assigned to structural work holds a current qualification for the process, base material and position used, under the welding code the OEM procedures specify (for example AWS D1.1, D1.2 or D1.6).

3. Visually inspect completed structural welds for size, profile, fusion, cracks, porosity, undercut and other discontinuities, and verify fit-up of replacement weldments.

4. Witness, or review the records of, any nondestructive testing (such as liquid penetrant or magnetic particle testing) that the OEM procedures or PVTA require.

5. Witness frame and body dimensional measurements against OEM datum points, before and after structural repair.

6. Verify corrosion protection of repaired structure before it is closed.

The Contractor shall submit a Structural and Weld Inspection Report within three (3) business days of each hold point, identifying any weld or structural repair it recommends PVTA reject. PVTA estimates two (2) structural hold-point visits for pricing.

C-2 General In-Process Inspections. The Contractor shall perform milestone inspections at other points

PVTA designates, which may include electrical harness and module installation before panels are closed, steering and front axle installation, and body preparation before paint. At each visit the Contractor shall verify that work conforms to OEM repair procedures and RFP #27-003, review the repair contractor's QA records, and identify nonconforming work.

PVTA estimates two (2) general in-process visits for pricing. PVTA may order more or fewer C-1 or C-2 visits at the quoted per-visit prices.

3.4 Task D – Concealed Damage Technical Review (hourly, as ordered)

When the repair contractor submits a concealed-damage request under RFP #27-003 §5.10, PVTA may order the Contractor to review it. The Contractor shall:

1. Inspect the claimed damage in person or by review of the submitted documentation, as PVTA directs.

2. Give a written opinion within five (5) business days on each of the following:

a. Whether the damage is collision-related, or instead preexisting, wear-related or caused during the repair.

b. Whether the damage could reasonably have been identified from the solicitation documents, Baseline Condition Report and permitted pre-proposal inspection.

c. Whether the proposed repair is technically necessary and consistent with OEM procedures.

d. Whether the proposed parts, materials and labor hours are reasonable, with the basis for that opinion (for example, OEM labor-time guides, published industry repair-time references, or comparable repairs).

3. Attend change-order discussions with PVTA staff if requested.

Each opinion shall also describe, as technical facts, how the claimed work relates to the systems and areas covered by the original RFP #27-003 scope. PVTA will use the opinion in its own cost analysis of the change and in deciding whether the change is within the scope of the repair contract (Procurement

Manual §5.C and §6.F; Circular 4220.1G Ch. VI §3.i).

The Contractor's opinion is advisory. PVTA alone decides whether to approve any request. PVTA estimates forty (40) hours of Task D work for pricing. Task D will not exceed the not-to-exceed amount stated in the contract without a written modification.

3.5 Task E – Pre-Delivery Inspection (at repair facility)

When the repair contractor reports the bus complete, the Contractor shall:

1. Inspect the completed repair, including structure, alignment, steering, suspension, brakes, doors, wheelchair ramp, electrical and electronic systems, diagnostics and fault codes, water intrusion, panel fit and paint.

2. Witness the repair contractor's functional tests and road test (RFP #27-003, §5.11).

3. Review the vehicle repair record and Vehicle Completion Sheet (RFP #27-003, §6.26).

4. Issue a punch list of open items and verify their correction.

5. Recommend in writing whether the bus is ready for release to PVTA.

3.6 Task F – Post-Delivery Acceptance Inspection (at PVTA)

After the bus is returned, and within PVTA's thirty (30) day acceptance period under RFP #27-003 §6.1, the Contractor shall inspect the bus at PVTA and recommend in writing whether PVTA should accept, conditionally accept, or reject it, with the reasons for that recommendation.

3.7 Reports

• A written report with dated photographs within the time stated for each task. If no time is stated, within three (3) business days of the visit.

• A brief written status update to the Technical Project Manager every two weeks while the bus is at the repair facility.

• A Final Report summarizing all inspections, findings, nonconformances and their resolution, and each concealed-damage opinion, within ten (10) business days after Task F.

All reports become PVTA property. Reports must be factual and suitable for use in contract administration. If a concealed-damage request becomes a formal dispute or litigation, the Contractor shall provide its existing reports and a factual summary on request. Any expert testimony or additional litigation support will be addressed by a separate written modification.

3.8 Limits of the Contractor's Authority

The Contractor is PVTA's technical advisor. The Contractor shall not:

• direct the repair contractor's work or means and methods;

• approve, accept or reject work, changes, extensions or the vehicle on PVTA's behalf;

• agree to any change in price, scope or schedule; or

• make any statement that could reasonably be taken as binding PVTA.

The Contractor shall report all findings to the Technical Project Manager. If the Contractor observes a condition that presents an immediate safety hazard, it shall notify the Technical Project Manager the same day.

PVTA will identify its Technical Project Manager(s) in the Notice to Proceed. If PVTA designates more than one, the Notice to Proceed will state which one's written direction controls. Until then, all communications go through the Procurement Officer (Section 5.2).

3.9 Confidentiality

The Contractor may receive the repair contractor's pricing, labor rates and change-order estimates. The

Contractor shall use this information only to perform this contract and shall not disclose it to anyone other than PVTA.

3.10 Period of Performance

The contract term begins on the Notice to Proceed and ends when PVTA accepts the Contractor's Final

Report following final acceptance of Unit #1876 under RFP #27-003, or eighteen (18) months from the

Notice to Proceed, whichever occurs first. PVTA may extend the term in writing if the repair schedule under RFP #27-003 is extended; an extension does not increase the not-to-exceed amount unless PVTA issues a written modification. Repair is anticipated to begin after the RFP #27-003 contract is executed, estimated February 2027.

PVTA will issue the Notice to Proceed under this contract on the same day it issues the Notice to

Proceed under RFP #27-003. The Contractor shall complete the Baseline Inspection (Task A) before the repair contractor removes Unit #1876 from PVTA's facility; PVTA will schedule the vehicle pickup to allow for it. No work may be performed or invoiced before the Notice to Proceed, and award of this contract does not commit PVTA to issue a Notice to Proceed if the RFP #27-003 contract is not executed.

Section 4. Minimum Qualifications and Independence

Quotes that do not show the minimum qualifications below will be found not responsible. These requirements are pass/fail. They are not scored.

4.1 Minimum Qualifications

1. Firm experience. At least five (5) years providing inspection, quality assurance or damage-assessment services for heavy-duty transit buses, motorcoaches or comparable heavy vehicles.

2. Relevant projects. At least three (3) projects within the past five (5) years involving structural or collision repair inspection, in-plant production inspection, or damage assessment of heavy-duty buses. For each, provide the client, contact name, phone or email, vehicle type and a short description.

3. Assigned inspector. Name the inspector(s) who will perform the work and provide a résumé showing at least five (5) years of hands-on experience with heavy-duty bus structures, chassis and systems. Substitution of a named inspector requires PVTA's prior written approval.

4. Credentials. The inspector who performs Task C-1 must hold a current AWS Certified Welding

Inspector (CWI) certification or an equivalent structural weld inspection credential, such as CWB

Level 2 or 3. The Proposer may meet this through a named subcontractor. Identify any other relevant credentials of assigned staff, such as ASE Transit Bus (H-series) certifications or I-CAR collision repair training.

5. Availability. Confirm the firm can attend inspections at a repair facility located anywhere in the continental United States or Canada with five (5) business days' notice, including any travel documents its inspectors need to cross the border.

4.2 Independence and Organizational Conflicts of Interest

PVTA requires an inspector whose judgment is not affected by any interest in the repair contract. By submitting a quote, the Proposer certifies (Exhibit C) that neither it, its parent or affiliates, nor any individual it assigns to this work:

1. has submitted, or will submit, a proposal under RFP #27-003, or is a subcontractor or supplier to any firm that has;

2. has any ownership, financial or employment relationship with any firm that submits a proposal under RFP #27-003; or

3. will accept any compensation from the RFP #27-003 repair contractor during this contract.

The Proposer must also disclose any prior involvement with Unit #1876, including preparation of any damage assessment, appraisal or estimate. Prior involvement does not by itself disqualify a Proposer.

PVTA will evaluate each disclosure and may disqualify a Proposer or impose conditions if PVTA determines a real or perceived conflict exists (Procurement Manual, §2.B).

If a conflict arises after award, the Contractor shall notify the Procurement Officer in writing within two

(2) business days. PVTA may terminate the contract if the conflict cannot be resolved to PVTA's satisfaction.

The Massachusetts Conflict of Interest Law, G.L. c. 268A, also applies to this contract.

Section 5. Submission Requirements and Schedule

5.1 Schedule

Dates are anticipated and may change by addendum. Quotes are due before RFP #27-003 proposals

(due December 18, 2026), so Proposers certify independence in Exhibit C with their quotes and must re-certify against the list of RFP #27-003 proposers before award (Exhibit C).

Activity Date

RFQ issued and posted 11/11/2026

Questions due 11/23/2026 @ 2:00 PM EST

Answers / addenda issued 12/1/2026

Quotes due 12/11/2026 @ 2:00 PM EST

Anticipated award 12/22/2026

Anticipated Notice to Proceed Same day as the RFP #27-003 Notice to Proceed

(anticipated February 2027)

5.2 Questions

Submit questions in writing to Wesley Brown, Procurement Officer, wbrown@pvta.com, by the deadline above. Answers that change or clarify the RFQ will be issued to all Proposers by written addendum and posted on COMMBUYS and www.pvta.com. Proposers shall not contact other PVTA staff about this RFQ.

Doing so may result in disqualification.

5.3 How to Submit

Email one PDF to wbrown@pvta.com by the due date and time. Use the subject line "RFQ 27-004

Inspection Services – [Firm Name]." Request a read receipt; if you do not receive one, PVTA has not received your quote. Late quotes will not be accepted.

5.4 Contents of the Quote

A quote must include all of the following. A quote that is late, not in the requested format, or missing required documents will be found nonresponsive.

1. Cover letter signed by an authorized official, acknowledging all addenda.

2. Statement of qualifications responding to each item in Section 4.1, including the three (3) project references.

3. Résumé(s) of assigned inspector(s).

4. Brief inspection approach (2 pages maximum) describing how the firm will perform Tasks A–F and document concealed-damage opinions.

5. Exhibit A – Price Form.

6. Exhibit B – Required Certifications (B-1 through B-9).

7. Exhibit C – Independence and Conflict of Interest Certification and Disclosure.

8. Exhibit D – DBE Certification, DBE Letter of Intent (one per DBE, if a DBE is proposed), and

Contractor's Statement on Subcontractors.

By submitting a quote, the Proposer agrees that it can meet PVTA's insurance requirements (Exhibit E) and acknowledges that the Federally Required Contract Clauses (Exhibit F) will become part of the contract.

5.5 Public Records

Quotes become PVTA property and are subject to the Massachusetts Public Records Law, G.L. c. 66, §

10, after award.

Section 6. Pricing and Basis of Award

6.1 Pricing

Proposers shall quote on Exhibit A. Each per-visit price is a fixed, all-inclusive price covering labor, report preparation, travel, lodging, meals, mileage and all other expenses. Task D is quoted as a fixed, fully loaded hourly rate; travel for Task D site visits must be included in the hourly rate. No other charges will be paid.

Prices must remain firm for the full contract term.

6.2 Total Evaluated Price

PVTA will compute each Proposer's Total Evaluated Price by multiplying each quoted price by the estimated quantity on Exhibit A and adding the results. Estimated quantities are for evaluation only.

PVTA does not guarantee any quantity and will pay only for tasks ordered and performed.

6.3 Basis of Award

PVTA will award to the responsive and responsible Proposer with the lowest Total Evaluated Price.

Award is conditioned on:

• meeting all minimum qualifications in Section 4.1;

• satisfactory reference checks;

• an acceptable independence certification and disclosure under Section 4.2;

• a determination that the price is fair and reasonable (Procurement Manual, §6.F); and

• verification that the Proposer is not excluded in SAM.gov or debarred by the Commonwealth.

If only one quote is received, PVTA may re-solicit or may award after conducting a cost analysis

(Procurement Manual, §4.E).

6.4 Contract Ceiling

The contract will state a total not-to-exceed amount equal to the awarded Total Evaluated Price, with

Task D shown as a separate not-to-exceed amount. Exceeding either ceiling requires a written contract modification.

Section 7. General Terms

7.1 Acceptance Period

Quotes must remain valid for ninety (90) calendar days after the due date. This is the period available to

PVTA to award a contract.

7.2 Contract and Billing

The contract will be entered into directly between PVTA and the selected firm. The Contractor shall invoice after each completed task, attaching the corresponding report. Task D invoices shall show the date, hours and concealed-damage request reviewed. Invoices may be sent to accountspayable@pvta.com. PVTA will pay only after the Technical Project Manager confirms the task was performed (Procurement Manual, §1.C).

7.3 Reservation of PVTA's Rights

PVTA reserves the right, at any time and in its sole discretion, to the fullest extent permitted by law:

• to reject any and all quotes, or to cancel or suspend this RFQ, with no recourse for any Proposer;

• to waive informalities and minor irregularities in any quote;

• to contact references and others familiar with a Proposer's past performance, and submission of a quote authorizes such inquiries;

• to disqualify any Proposer that has been debarred or suspended by any governmental body, has failed to disclose a material matter, or presents a real or perceived conflict of interest; and

• to reject any proposed inspector or subcontractor and require a mutually acceptable replacement.

The information in this RFQ and in RFP #27-003 is provided as general information. PVTA makes no warranty as to its accuracy or completeness, and each Proposer must satisfy itself as to all matters affecting its quote. No PVTA Board member, officer, agent or employee shall be personally liable to any

Proposer under this RFQ.

7.4 Limitation on Funding

The contract is subject to the availability of funds from PVTA's funding sources. If funding is eliminated or decreased, PVTA may terminate or modify the contract.

7.5 Controlling Law

The contract is governed by the laws of the Commonwealth of Massachusetts. Venue for any legal action is the state court in Hampden County.

7.6 Taxes, Charges and Extras

PVTA is exempt from federal excise taxes, tax on transportation and Massachusetts sales tax. Prices shall not include those taxes. PVTA will furnish a tax exemption certificate on request. No charge for travel, delivery, insurance, license fees, permits or any other purpose will be paid unless included in the quoted prices.

7.7 Insurance

Before starting work, the successful Proposer shall provide a current certificate of insurance naming

PVTA as an additional insured and meeting Exhibit E.

7.8 Protests

Protests are handled under PVTA's Protest Procedures (Exhibit G). Because this procurement is under

$100,000, protests will be handled informally by the Procurement Department (Protest Procedures, §1.2). For FTA-funded procurements, an interested party may appeal to FTA only for PVTA's failure to have or follow its protest procedures (Protest Procedures, §10).

7.9 Amendments and Assignment

Any amendment to the contract must be in writing and signed by officials authorized to bind PVTA. The

Contractor may not assign or subcontract the contract, in whole or in part, without PVTA's prior written approval. No payment will be made for services rendered before the contract is fully executed.

7.10 Proposer Terms Not Accepted

The contract will be on PVTA's terms. Quote forms, terms and conditions, or sales acknowledgments that Proposers attach will not become part of the contract. A quote conditioned on the Proposer's own terms, such as a limitation of liability, a different governing law or venue, interest on late payments, or reimbursement of expenses not shown on Exhibit A, may be found nonresponsive. A Proposer that takes exception to any term must list each exception in its cover letter.

Section 8. List of Exhibits

Exhibit Title Submit with quote?

A Price Form Yes

B Required Certifications (B-1 Eligibility; B-2 Non-Collusion; B-

3 Tax Compliance; B-4 Public Contractor Debarment; B-5

Conflict of Interest; B-6 Right-to-Know; B-7 Northern

Ireland; B-8 Anti-Boycott; B-9 Undocumented Workers)

Yes

C Independence and Conflict of Interest Certification and

Disclosure

Yes

D DBE Certification, DBE Letter of Intent, Contractor's

Statement on Subcontractors

Yes

E Required Insurance Acknowledge only

F Federally Required Contract Clauses Acknowledge only

G PVTA Protest Procedures No

Exhibit A – Price Form

Proposer: ______________________________

Line Task Unit Est. Qty

(evaluation only)

Unit Price Extended

Price

A Baseline Inspection at PVTA, incl.

Baseline Condition Report (§3.1)

Per visit 1 $ $

B Teardown Inspection at repair facility, incl. report (§3.2)

Per visit 1 $ $

B-1 Repair Plan and Parts List Review, incl. one meeting and one re-review (§3.2A)

Lump sum 1 $ $

C-1 Structural and Weldment Hold-

Point Inspection, incl. report (§3.3)

Per visit 2 $ $

C-2 General In-Process Inspection, incl.

report (§3.3)

Per visit 2 $ $

D Concealed Damage Technical

Review, incl. travel (§3.4)

Per hour 40 $ $

E Pre-Delivery Inspection and road-test witness (§3.5)

Per visit 1 $ $

F Post-Delivery Acceptance

Inspection at PVTA, incl. Final

Report (§3.6–3.7)

Per visit 1 $ $

Total Evaluated Price $

All prices are fixed and include all labor, travel, lodging, meals, mileage, report preparation and other expenses.

Addenda acknowledged: No(s). ________

Authorized signature: ______________________ Name/Title: ______________________ Date:

Exhibit B – Required Certifications

B-1 Certification of Eligibility (Federal Debarment, Tax Liability and Felony Conviction)

______________________________ (Name of Proposer) certifies, to the best of its knowledge and belief, that it and its principals:

1. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, and are not listed as excluded in the System for Award Management (SAM.gov) (2 CFR Part 180; 2 CFR

Part 1200);

2. have not, within three (3) years before this quote, been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or

State antitrust statutes; or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

3. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with any offense listed in item 2;

4. have not, within three (3) years before this quote, had one or more public transactions terminated for cause or default;

5. do not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner under an agreement with the collecting authority; and

6. were not convicted of a felony criminal violation under any Federal law within twenty-four (24) months before this quote.

If the Proposer cannot certify to any statement above, it shall attach an explanation. The Proposer shall include this certification requirement in any lower-tier covered transaction.

☐ I DO CERTIFY ☐ I DO NOT CERTIFY

Signature: ______________________ Title: ______________________ Date: __________

B-2 Certification of Non-Collusion

The undersigned certifies under penalties of perjury that this quote has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word

"person" means any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

Signature: ______________________ Name/Title: ______________________ Firm:

______________________ Date: __________

B-3 Certification of Tax Compliance

Pursuant to M.G.L. c. 62C, § 49A(b), I, ______________________, authorized signatory for

______________________, certify under the pains and penalties of perjury that the Proposer has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature: ______________________ Title: ______________________ Date: __________

(Do not write a tax identification number on this form. PVTA will collect it on a W-9 at award.)

B-4 Public Contractor Debarment Certification

The undersigned certifies under penalty of perjury that the said undersigned is not presently debarred from the award of any contract for public (local, state, or federal) work by the Federal Government or in the Commonwealth of Massachusetts under provisions of 2 CFR 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 CFR Part 1200 and Massachusetts G.L. c. 29, §29F, G.L. c.

149, §44C or G.L. c. 7, §38D, or any other applicable state or federal debarment provision, statute, rule or regulation.

Company Name: ______________________ Signature: ______________________ Name:

______________________ Date: __________

B-5 Conflict of Interest Certification

The undersigned hereby certifies under the pains and penalties of perjury that the Proposer and all of its employees, agents, and subcontractors shall comply with the Massachusetts Conflict of Interest Law, M.G.L. c. 268A, and with all conflict of interest provisions contained in this RFQ, including Section 4.2 and Exhibit C.

The Proposer further certifies that:

1. No officer, employee, agent, or public official of the Commonwealth or the Authority has or shall have any direct or indirect financial or personal interest in this procurement or any resulting contract;

2. The Proposer has not offered or given, and shall not offer or give, any gratuity, favor, or thing of value to any officer, employee, or agent of the Authority with the intent to influence the awarding or administration of this contract; and

3. The Proposer understands that violation of M.G.L. c. 268A may constitute grounds for civil or criminal penalties and for termination of any resulting contract for cause.

Authorized Signature: ______________________ Name/Title: ______________________ Firm:

______________________ Date: __________

B-6 Right-to-Know Law Certification

The undersigned hereby certifies that the Proposer, if awarded this Contract, will fully comply with the

Massachusetts Right-to-Know Law, M.G.L. c. 111F, including:

1. Obtaining a Material Safety Data Sheet (MSDS) for all substances or mixtures of substances that appear on the Massachusetts Substance List that the Contractor or any of its subcontractors brings to or uses on the work site, and keeping a copy of that MSDS on the work site of this

Contract.

2. Labeling each container of a substance or mixture of substances on the Massachusetts

Substance List as required in Section 7 of the Act.

3. Providing the same training and non-technical instruction that the Contractor is required to provide under Section 15 of the Act to all PVTA employees who are exposed to the substance or mixture of substances, including instruction on the nature and effects of any listed substance the Contractor or its subcontractors bring to or use on the work site.

4. Providing PVTA employees at the work site with the same protective equipment that the

Contractor and its subcontractors provide to their employees.

Authorized Signature: ______________________ Name/Title: ______________________ Firm:

______________________ Date: __________

B-7 Certification Regarding Companies Doing Business With or In Northern Ireland

Pursuant to M.G.L. c. 7, §§ 22C–22F, the undersigned certifies that, if the Contractor or any of its affiliates conducts business operations in Northern Ireland, such business operations do not discriminate in employment, compensation, or the terms, conditions, and privileges of employment on account of religious or political belief, and the Contractor promotes freedom of workplace opportunity and the rights of individuals, consistent with the MacBride Principles.

☐ The Contractor has business operations in Northern Ireland and so certifies. ☐ The Contractor has no business operations in Northern Ireland.

The Contractor agrees to notify PVTA in writing of any change in circumstances with respect to this certification during the term of the Contract, and understands that any misrepresentation or failure to notify may result in termination of the Contract or other sanctions as provided by law.

Signed under the pains and penalties of perjury this ____ day of ______________, ______.

Authorized Signature: ______________________ Name/Title: ______________________ Firm:

B-8 Anti-Boycott Certification

Pursuant to the provisions of M.G.L. c. 151E and Section 999(b)(3) and (4) of the Internal Revenue Code of 1954, as amended, the Contractor certifies that, during the term of this Contract, neither it nor any affiliated company participates in or cooperates with an international boycott, nor engages in conduct declared unlawful by M.G.L. c. 151E, § 2.

In the event of a breach of this certification, the Pioneer Valley Transit Authority shall have the right to rescind this Contract and pursue such other remedies as provided by law or equity.

For purposes of this certification, an "affiliated company" means any business entity of which at least fifty-one percent (51%) of the ownership interests are directly or indirectly owned or controlled by the

Contractor; or which directly or indirectly owns or controls at least fifty-one percent (51%) of the ownership interests of the Contractor; or any business entity that is under common ownership or control with the Contractor.

Authorized Signature: ______________________ Name/Title: ______________________ Firm:

______________________ Date: __________

B-9 Prohibit Use of Undocumented Workers Certification

It is the policy of the Commonwealth of Massachusetts Executive Branch to prohibit the use of undocumented workers in connection with the performance of state contracts. This certification is required under Executive Order No. 481, effective February 23, 2007.

As a condition of receiving Commonwealth funds under this contract, the Contractor hereby certifies and agrees as follows:

1. The Contractor shall not knowingly use undocumented workers in connection with the performance of any Executive Branch contract.

2. Pursuant to federal law, the Contractor shall verify the immigration status of all workers assigned to such contracts through proper completion of the federal Form I-9 or other lawful verification procedures, without engaging in unlawful discrimination.

3. The Contractor shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s).

4. The Contractor understands and agrees that a breach of any of these terms during the contract period may be regarded as a material breach, subjecting the Contractor to sanctions including, but not limited to, monetary penalties, withholding of payments, suspension, or termination of the contract.

By signing below, the undersigned certifies under the pains and penalties of perjury that the Contractor will comply with the requirements of Executive Order No. 481 throughout the term of the contract.

Authorized Signature: ______________________ Name/Title: ______________________ Firm:

Exhibit C – Independence and Conflict of Interest Certification and Disclosure

The undersigned certifies on behalf of ______________________ (Proposer) that neither the Proposer, its parent or affiliates, nor any individual it will assign to this work:

1. has submitted or will submit a proposal under PVTA RFP #27-003, or is a subcontractor or supplier to any firm that has;

2. has any ownership, financial or employment relationship with any firm that submitted a proposal under RFP #27-003; or

3. will accept compensation of any kind from the RFP #27-003 repair contractor during the term of this contract.

Disclosure of prior involvement with Unit #1876 (damage assessment, appraisal, estimate, insurance adjustment or other work). Check one:

☐ None ☐ Yes – describe: _______________________________________________

Other relationships PVTA should know about (for example, prior work for any firm known to be proposing under RFP #27-003): _______________________________________________

The Proposer will notify PVTA's Procurement Officer in writing within two (2) business days if any conflict arises during the contract.

Re-certification before award. Because quotes are due before RFP #27-003 proposals, PVTA will give the apparent successful Proposer the list of firms that submitted proposals under RFP #27-003. The

Proposer must re-certify items 1 and 2 against that list, in writing, within two (2) business days. PVTA may reject a quote if the Proposer cannot re-certify, or impose conditions under Section 4.2.

Re-certification signature: ______________________ Name/Title: ______________________ Date:

Signature: ______________________ Name/Title: ______________________ Date: __________

Exhibit D – DBE Certification, Letter of Intent and Statement on Subcontractors

D-1 Certification for Disadvantaged Business Enterprise

Disadvantaged business enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 C.F.R. Part 26 apply to this agreement.

The Proposer agrees to take necessary and reasonable steps in accordance with 49 C.F.R. Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts under this contract. The Proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of this contract (49 C.F.R. § 26.13(b)).

The DBE participation goal for this contract is 0%. The undersigned Proposer commits to a minimum of

____% DBE utilization on this contract.

Signature: ______________________ Name/Title: ______________________ Firm:

______________________ Date: __________

If the Proposer will use a DBE, attach a D-2 Letter of Intent for each DBE firm.

D-2 DBE Letter of Intent (one per DBE firm)

Name of Proposer's firm: ______________________ Address: ______________________

Name of DBE firm: ______________________ Address: ______________________ Telephone:

Description of work to be performed by DBE firm: ____________________________________________

The Proposer is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $____________.

Affirmation. The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value stated above and that it is certified as a DBE for the specific work described.

By (DBE signature): ______________________ Title: ______________________ Date: __________

If the Proposer does not receive award of the prime contract, all representations in this Letter of Intent and Affirmation are null and void.

D-3 Contractor's Statement on Subcontractors

☐ 1. There are NO subcontractors associated with this quote.

☐ 2. The subcontractors associated with this quote are listed below (attach additional sheets as needed). Appropriate DBE certifications are attached for any DBE subcontractor. A subcontractor named to meet the Section 4.1 credential requirement must be listed here.

Company Address Contact person Telephone Email Work to be performed

Authorized Signature: ______________________ Printed Name/Title: ______________________ Firm:

Exhibit E – Required Insurance

The Contractor and any subcontractor shall maintain the following insurance at its own expense for the full contract term and provide certificates and endorsements to the Procurement Officer before work begins. PVTA shall be named as an additional insured on the general liability, automobile and umbrella policies on a primary and noncontributory basis, with a waiver of subrogation in PVTA's favor. All policies shall be issued by insurers rated "A" or better by A.M. Best, and PVTA shall receive thirty (30) days' notice of cancellation.

Coverage Minimum limits

Commercial General Liability $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products/completed operations aggregate; $1,000,000 personal and advertising injury

Business Automobile Liability (owned, hired, non-owned)

$1,000,000 combined single limit

Workers' Compensation Statutory

Employers Liability $500,000 each accident / each employee by disease

/ disease policy limit

Professional Liability (errors and omissions) $3,000,000 per incident, per project aggregate

Umbrella / Excess $5,000,000, per project aggregate

PVTA shall be named as additional insured on the CGL, Auto and Umbrella policies, on a primary and non-contributory basis, with waiver of subrogation. Insurers must be rated A.M. Best "A" or better and provide thirty (30) days' notice of cancellation.

Exhibit F – Federally Required Contract Clauses

These clauses apply to the Contractor as they apply to PVTA. The Contractor shall indemnify and hold

PVTA harmless for any liability PVTA incurs because of the Contractor's failure to comply with them. The

Contractor shall include these clauses in any subcontract, modified only to identify the parties.

F-1 No Federal Government Obligations to Third Parties

Absent the Federal Government's express written consent, the Federal Government is not subject to any obligations or liabilities to the Contractor or any other party arising from this contract, even if it has concurred in or approved the solicitation or award.

F-2 Program Fraud and False or Fraudulent Statements

The Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations at 49

CFR Part 31 apply to the Contractor's actions under this contract. If the Contractor makes a false, fictitious or fraudulent claim, statement, submission or certification to the Federal Government or to

PVTA in connection with this contract, the Federal Government may impose the penalties of that Act, 18

U.S.C. § 1001, and 49 U.S.C. § 5323(l), as it deems appropriate.

F-3 Access to Records and Reports

The Contractor shall provide PVTA, the U.S. Secretary of Transportation, the FTA Administrator, the

Comptroller General of the United States, or their authorized representatives access to any books, documents, papers and records of the Contractor directly pertinent to this contract, for audit, examination, excerpts and transcriptions (49 U.S.C. § 5325(g); 2 CFR § 200.337). The Contractor shall retain all records for three (3) years after PVTA makes final payment and all other pending matters are closed (2 CFR § 200.334).

F-4 Federal Changes

The Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including those listed directly or by reference in the agreement between PVTA and FTA, as they may be amended during this contract. The Contractor's failure to comply is a material breach.

F-5 Termination

Convenience. PVTA may terminate this contract, in whole or in part, by written notice when it is in

PVTA's best interest. The Contractor shall be paid for tasks performed and accepted up to the termination date, plus reasonable close-out costs.

Default. If the Contractor fails to perform in the manner called for in the contract, or fails to comply with any other provision, PVTA may terminate for default by written notice stating the default. The

Contractor will be paid only for services performed in accordance with the contract. If PVTA later determines the failure was excusable (for example, strike, fire or flood beyond the Contractor's control), PVTA may allow the Contractor to continue or treat the termination as one for convenience.

Opportunity to cure. PVTA may, in its discretion, allow the Contractor ten (10) days after written notice to cure a default before terminating.

Waiver. PVTA's waiver of any breach does not waive its remedies for any later breach.

F-6 Civil Rights and Equal Opportunity

The Contractor shall comply with all applicable civil rights laws and regulations, including:

• Nondiscrimination. 49 U.S.C. § 5332, which prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation), disability, or age (Master Agreement

34 §12(b)), and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., and 49 CFR Part

21.

• Equal Employment Opportunity. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and implementing regulations, and shall not discriminate on the basis of race, color, religion, sex, sexual orientation, or national origin (Master Agreement 34 §12(d)). The

Contractor shall not discriminate against any employee or applicant for employment on these bases and shall take affirmative action to ensure equal treatment in employment.

• Disabilities. The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; and 49 CFR Parts 27, 37 and 38.

The Contractor shall include these requirements in each subcontract.

F-7 Disadvantaged Business Enterprise (DBE) and Prompt Payment

This contract is subject to 49 CFR Part 26. The DBE participation goal for this contract is 0%. The

Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract, and shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure to carry out these requirements is a material breach that may result in termination or other remedy PVTA deems appropriate (49 CFR § 26.13(b)).

Prompt payment. The Contractor shall pay each subcontractor for satisfactory performance no later than thirty (30) days after receiving payment from PVTA, and shall return any retainage within thirty (30) days after the subcontractor's work is satisfactorily completed (49 CFR § 26.29). The Contractor shall not terminate or substitute a listed DBE subcontractor without PVTA's prior written consent (49 CFR §

26.53(f)).

No separate contract goal has been established for this procurement. The Contractor shall report its DBE participation, obtained through race-neutral means, throughout the period of performance.

F-8 Incorporation of FTA Terms

The provisions in this Exhibit include, in part, certain standard terms and conditions required by the U.S.

Department of Transportation, whether or not expressly set forth. All contractual provisions required by

DOT, as set forth in FTA Circular 4220.1G, the current FTA Master Agreement (MA 34 §3(i)(5)), and 2 CFR

Part 200 as adopted by DOT at 2 CFR Part 1201, are incorporated by reference. Anything to the contrary in this contract is subordinate to those provisions. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any PVTA request that would cause PVTA to violate any FTA term or condition.

F-9 Debarment and Suspension

This contract is a covered transaction under 2 CFR Part 180, as supplemented by 2 CFR Part 1200. The

Contractor shall verify that it, its principals, affiliates and subcontractors are not excluded or disqualified as defined in 2 CFR §§ 180.935 and 180.940, and shall check SAM.gov before entering any lower-tier covered transaction.