SFMTA-2027-01-FTA_-_Invitation_for_Bids.pdf

P-695 (04-26) EK Page 1 of 4 Sourcing Event 0000012037 SFMTA-2027-01-FTA August 21, 2026

City and County of San Francisco Formal Invitation for Bids for:

Precast ADA Accessible Stops

Sourcing Event ID 0000012037│IFB No. SFMTA-2027-01-FTA

This Solicitation can be viewed on the City’s Supplier Portal at:

https://sfcitypartner.sfgov.org/pages/index.aspx

Bid Phase Tentative Date

Invitation for Bids Issued Friday, August 21, 2026

Pre-Bid Conference Tuesday, September 1, 2026, at 10:00 AM PST Candlestick and Corona Heights Conference Room 6052 & 6053 1 South Van Ness Avenue, 6th Floor San Francisco, CA 94103

Optional Site Visit Tuesday, September 1, at 11:00 AM PST

Deadline for Written Questions Tuesday, September 8, 2026, at 1:00 PM PST

Bid Due Date Monday, September 14, 2026, at 1:00 PM PST

Bid Opening Monday, September 14, 2026, at 1:30 PM PST

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/246517745741546?p =sjULBBxEJqfKJTrZqv Meeting ID: 246 517 745 741 546 Passcode: rs6BS6ds Need help? | System reference Dial in by phone +1 415-523-2709,718866993# United States, San Francisco Find a local number Phone conference ID: 718 866 993# For organizers: Meeting options | Reset dial-in PIN

Notice of Intent to Award Friday, September 18, 2026

Period for Protesting Notice of Intent to Award

Within three (3) business days of the City's issuance of a Notice of Intent to Award.

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Contract Administrator: Esther Kuang Contract Analyst San Francisco Municipal Transit Agency Phone: +1 (415) 646-2848 Email: Esther.Kuang@sfmta.com

MANDATORY MINIMUM

QUALIFICATION

DOCUMENTATION

Proposers must submit the necessary documentation with their proposals to demonstrate they meet every Minimum Qualification (MQ) requirement set forth in Section 6 of this solicitation. A proposal that fails to provide the required documentation will not be eligible for further consideration.

ATTACHMENTS

Attachment 1: City’s Contract Terms Attachment 2: Bidder Questionnaire and References Attachment 3: Bid Sheet Attachment 4: First Source Hiring Form Attachment 5: Attestation of Compliance Attachment 6: Certification Regarding Debarment, Suspension, and Other Responsibility

Matters Attachment 7: Certification Regarding Lobbying Attachment 8: Buy America Requirements Attachment 9: FTA Requirements

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Table of Contents

1 IFB SUMMARY

1.1 Introduction

1.2 Selection Overview

1.3 Anticipated Contract Term

1.4 Reserved. (Anticipated Contract Not to Exceed Amount)

1.5 Reserved. (Indefinite Quantity, As-Needed Contract)

1.6 Cooperative Purchasing and Use by Other City Departments

1.7 Contract Terms and Negotiations

2 SOLICITATION SCHEDULE

2.1 Pre-Bid Conference

2.2 Optional Site Visit

3 REQUIREMENTS FOR REQUESTED GOODS AND SERVICES

3.1 Goods and/or Services Requested

3.2 Regulatory and Compliance Requirements Specific to the Goods/Services Solicited ... 3

3.3 Reserved. (Alternates and Samples)

3.4 Freight on Board and Shipping Costs

3.5 Reserved. (Additional Purchases)

4 RESERVED. (LOCAL BUSINESS ENTERPRISE (LBE) PROGRAM

REQUIREMENTS)

5 BID EVALUATION CRITERIA

6 MINIMUM QUALIFICATIONS AND DOCUMENTATION REQUIRED

FROM APPARENT LOW BIDDER (PASS/FAIL)

7 BID PRICE

7.1 Bid Format

7.2 Bid Evaluation Period

7.3 Price Discrepancies

7.4 Bidding on Separate Items or in Aggregate(s)

7.5 Reserved. (Application of Bid Discounts for Evaluating Lowest Responsive Bidder ... 5

8 SUPPORTING DOCUMENTATION REQUIRED 30 DAYS AFTER

ISSUANCE OF THE NOTICE OF INTENT TO AWARD

9 FAILURE TO PROVIDE INSURANCE AND/OR BONDS

10 SFMTA’S SOCIAL AND ECONOMIC POLICY REQUIREMENTS

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10.1 Nondiscrimination Requirements (“Equal Benefits”)

10.2 Reserved. (Payment of Prevailing Wages)

10.3 Reserved. (Health Care Accountability Ordinance (HCAO))

10.4 Reserved. (Minimum Compensation Ordinance (MCO))

10.5 First Source Hiring Program

10.6 Reserved. (Sweatfree Procurement)

10.7 Non-Profit Entities

10.8 Other Social Policy Provisions

11 TERMS AND CONDITIONS FOR RECEIPT OF BIDS

11.1 How to Register to propose and be awarded a City Contract

11.2 Bid Questions and Submissions

11.3 Bid Addenda

11.4 Public Disclosure

11.5 Limitation on Communications During Solicitation

11.6 Bid Selection Shall Not Imply Acceptance

11.7 Cybersecurity Risk Assessment

11.8 Solicitation Errors and Omissions

11.9 Objections to Solicitation Terms

11.10 Protest Procedures

11.11 Bid Term

11.12 Revision to Bid

11.13 Bid Errors and Omissions

11.14 Financial Responsibility

11.15 Bidder’s Obligations under the Campaign Reform Ordinance

11.16 Reservations of Rights by the SFMTA

11.17 No Waiver

11.18 Other

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1 IFB Summary

1.1 Introduction

This Invitation for Bids (hereinafter “IFB” or “Solicitation”) is being issued by the SFMTA (hereinafter, “SFMTA” or “City”).The SFMTA is seeking qualified suppliers (“Bidders”) to provide offers (“Bid”) for design, fabrication, and delivery of accessible ADA compliant platforms, ramps and walls.

The City has approximately 65 departments, ranging from small to very large. Some departments maintain facilities located outside of the geographic limits of the SFMTA. The SFMTA shall order goods and/or services covered by the awarded contract(s) through the issuance of individual Purchase Orders and/or Task Orders which shall be released against the awarded contract(s) during the contract term.

1.2 Selection Overview

The City shall award a contract to the Bidder that meets the Minimum Qualifications of this Solicitation whose Bid is the Lowest Responsive Bid. Responsive Bids will be evaluated based on the criteria outlined herein. If applicable, a Contract Monitoring Division (CMD) Contract Compliance Officer will assess Bid compliance with Local Business Enterprise (LBE) requirements and assign a Bid Discount to eligible Bids.

1.3 Anticipated Contract Term

A contract awarded pursuant to this Solicitation shall be non-exclusive with an original term of two years.

1.4 Reserved. (Anticipated Contract Not to Exceed Amount)

1.5 Reserved. (Indefinite Quantity, As-Needed Contract)

1.6 Cooperative Purchasing and Use by Other City Departments

Any other City department, public entity or non-profit made up of multiple public entities, may use the results of this Solicitation to obtain some or all of the commodities or services to be provided by Bidder under the same terms and conditions of any contract awarded pursuant to this Solicitation.

1.7 Contract Terms and Negotiations

The successful Bidder will be required to enter into the contract attached hereto as Attachment 1, City’s Contract Terms. SFMTA’s Contract Terms are not subject to negotiation. Failure to timely execute City’s Contract Terms, or to furnish any and all insurance certificates and policy endorsements, surety bonds or other materials required by City’s Contract Terms, shall be deemed an abandonment of the Bid and SFMTA, in its sole discretion, may select another Bidder and proceed against the original selectee for damages.

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2 Solicitation Schedule The anticipated schedule for this Solicitation is set forth below. These dates are tentative and subject to change. It is the responsibility of the Bidder to check for any Addenda to this Solicitation or other published pertinent information.

Bid Phase Tentative Date

Invitation for Bids Issued Friday, August 21, 2026

Pre-Bid Conference Tuesday, September 1, 2026, at 10:00 AM PST Candlestick and Corona Heights Conference Room 6052 & 6053 1 South Van Ness Avenue, 6th Floor San Francisco, CA 94103

Optional Site Visit Tuesday, September 1, at 11:00 AM PST

Deadline for Written Questions Tuesday, September 8, 2026, at 1:00 PM PST

Bid Due Date Monday, September 14, 2026, at 1:00 PM PST

Notice of Intent to Award Friday, September 18, 2026

Period for Protesting Notice of Intent to Award

Within three (3) business days of the City's issuance of a Notice of Intent to Award.

Pre-Bid Conference Details

The Pre-Bid Conference will begin at the time specified. Bidders’ representatives are urged to arrive on time. Topics already covered will not be repeated for the benefit of late arrivals.

Failure to attend the Pre-Bid Conference shall not excuse the awarded Bidder from any obligations of a contract awarded pursuant to this Solicitation. Any change or addition to the requirements contained in this Solicitation as a result of the Pre-Bid Conference will be executed by a written Addendum to this Solicitation. It is the responsibility of the Bidder to check for any Addendum to this Solicitation or other published pertinent information.

2.1 Pre-Bid Conference

The SFMTA encourages Bidders to attend an in-person Pre-Bid Conference. The Conference location, date and time is shown as below:

Location: Candlestick and Corona Heights Conference Room 6052 & 6053

Address: 1 South Van Ness Avenue, 6th Floor

San Francisco, CA 94103

Date and Time: Tuesday, September 1, 2026 at 10:00 AM PST

The SFMTA will address Bidders’ questions and will provide any new or additional information concerning the IFB or selection process at the Pre-Bid Conference.

For the Pre-Bid Conference, Bidders are encouraged to submit questions in writing by email no later than Friday, August 28, 2026 at 1:00 PM PST and directed to Esther.Kuang@sfmta.com.

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2.2 Optional Site Visit

The SFMTA has scheduled an optional site visit to the locations for the precast platforms for the prospective Bidders. Attendance at the site visit is OPTIONAL for all Bidders. Bidders intending to attend shall register in advance for the visit conducted by the SFMTA.

The site visit will begin immediately after the Pre-Bid Conference. Bidders and SFMTA staff will proceed to visit the locations for the precast platforms.

Bidders must arrange their own transportation to the Pre-Bid Conference meeting and SFMTA staff will provide transportation to the site visits. To accommodate transportation, Bidders are required to provide the following information to Esther.Kuang@sfmta.com to register for the Optional Site Visit:

1. Attendee Name

2. Organization Name

3. Organization’s Business Address

4. Email/Phone Contact Information

5. Attending Site Visit (Indicate Yes or No)

Details of the site visit will be provided after registration. The SFMTA site visits will take approximately 3 hours to complete. Bidders will be allowed to take pictures, video recordings, and measure items available at each location.

All questions regarding this IFB shall be submitted in writing by email no later than Tuesday, September 8, 2026, at 1:00 PM PST and directed to Esther.Kuang@sfmta.com.

3 Requirements for Requested Goods and Services

3.1 Goods and/or Services Requested

This Solicitation is being issued by the SFMTA. The SFMTA is seeking qualified Bidders to provide Bids for the design, fabrication, and delivery of accessible ADA platforms, ramps and walls, in accordance with Appendix A, Scope of Work, to City’s Contract Terms (Attachment 1).

3.2 Regulatory and Compliance Requirements Specific to the

Goods/Services Solicited

Prior to submitting a Bid in response to this Solicitation, Bidders must ensure they have fully read and understood the “Regulatory and Compliance Requirements” set forth below and in Attachment 1, City’s Contract Terms.

3.3 Reserved. (Alternates and Samples)

3.4 Freight on Board and Shipping Costs

Goods shall be shipped Freight on Board, to any destination named in a Purchase Order issued by SFMTA against a contract awarded pursuant to this Solicitation. The cost of shipment must be included into the offered unit costs.

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3.5 Reserved. (Additional Purchases)

4 Reserved. (Local Business Enterprise (LBE) Program Requirements)

5 Bid Evaluation Criteria

Evaluation Phase Evaluation Criteria

Minimum Qualifications Documentation Pass/Fail

Bid Sheet Lowest Price

6 Minimum Qualifications and Documentation Required from Apparent Low Bidder (PASS/FAIL)

Bidders must meet each Minimum Qualification (MQ) listed below. As outlined in the table below, certain documents must be provided with your Bid, while others are due if Bidder is deemed the Apparent Lowest Bidder by OCA. Such documentation should be clearly marked as “MQ1”, MQ2”, etc.… to indicate which MQ it supports. A bid that fails to provide the following documentation at the time requested, will not be eligible for further consideration. This screening is a pass or fail determination and a Bid that fails to meet the Minimum Qualifications will not be eligible for further consideration in the evaluation process. The SFMTA reserves the right to request clarifications from Bidders prior to rejecting a Bid for failure to meet the Minimum Qualifications.

MQ # Description When Due to SFMTA

MQ #1 All requirements listed in Attachment 1, Appendix A, by Bid Due Date

When deemed the Apparent Lowest Bidder by SFMTA

MQ #2 Completed Attachment 2, City' Questionnaire and References

Bid Due Date

MQ #3 Completed Attachment 3, Bid Sheet Bid Due Date

MQ #4 Completed Attachment 5, Attestation of Compliance Bid Due Date

MQ #5 Completed Attachment 6, Certification Regarding Debarment, Suspension, and Other Responsibility Matters

Bid Due Date

MQ #6 Completed Attachment 7, Certification Regarding Lobbying

Bid Due Date

7 Bid Price

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7.1 Bid Format

The Bid Sheet associated with this Solicitation is attached hereto as Attachment 3. Include a completed Bid Sheet with your Bid, following all instructions set forth therein.

7.2 Bid Evaluation Period

The SFMTA will attempt to evaluate Bids within one-hundred eighty (180) days after receipt of Bids. If SFMTA requires additional evaluation time, all Bidders will be notified in writing of the new expected award date.

7.3 Price Discrepancies

Where applicable, if there is a discrepancy between the Bid Sheet and pricing entered by Bidder into the Supplier Portal, the Bid Sheet pricing will prevail. In the event of a discrepancy between the unit price and the extended price, the unit price will prevail.

7.4 Bidding on Separate Items or in Aggregate(s)

Single Aggregate: This Solicitation will result in the evaluation and award of one Aggregate consisting of one or more lines on the Bid Sheet Template. Bid prices shall be exclusive of sales tax.

Bidder must provide the SFMTA with pricing that is equal to or better than the best pricing offered to any other customer.

7.5 Reserved. (Application of Bid Discounts for Evaluating Lowest Responsive Bidder

8 Supporting Documentation Required 30 Days After Issuance of the Notice of Intent to Award

Bidders must provide each Required Supporting Documentation (“RSD”) identified below no later than 30 calendar days after issuance of the Notice of Intent to Award. Failure to do so may result in the Bid being deemed Non-Responsive.

RSD #1

Evidence that Bidder is compliant or likely to become compliant within 30 calendar days of the Proposal Due Date with San Francisco Labor and Employment Code Articles 131 and 132.

RSD #2

Completed Bid Attachments:

☐ Attachment 6: First Source Hiring Form

RSD #3 Insurance in accordance with Article 5 of Attachment 1, City’s Contract Terms.

9 Failure to Provide Insurance and/or Bonds

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Unless otherwise stated, within ten business days of the receipt of a notice of award of a Contract, the Bidder to whom the contract is awarded shall deliver the specified bond documents and/or insurance certificates and policy endorsements to SFMTA. If the Bidder fails or refuses to furnish the required bond and/or insurance within ten days after receiving notice to award a Contract, SFMTA may, at its option, determine that the Bidder has abandoned its Bid. Thereupon the tentative award of said contract to this Bidder shall be canceled and City shall notify the Bidder’s surety and collect on the Bidder’s bond (or the check accompanying its Bid shall be deposited with the Treasurer of the City and County of San Francisco for collection). The proceeds thereof shall be retained by City as partial liquidated damages for failure of such Bidder to properly file the bonds and insurance herein required. The foregoing in no way limits the damages which are recoverable by SFMTA whether or not defined elsewhere in the contract documents.

10 SFMTA’s Social and Economic Policy Requirements The San Francisco Municipal Code establishes a number of requirements for people seeking to do business with the SFMTA (“Social and Economic Policy Requirements”). These Social and Economic Policy Requirements can be found in Attachment 1, City’s Contract Terms, which Bidders are encouraged to carefully review. The Social and Economic Policy Requirements set forth below are not intended to be a complete list of all Social Policy Requirements applicable to this Solicitation and any contracts awarded from it.

10.1 Nondiscrimination Requirements (“Equal Benefits”)

Proposers awarded any contract exceeding $230,000 (the City’s “Minimum Competitive Amount”), may not, during the term of the Contract discriminate in the provision benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees, where the domestic partnership has been registered with a governmental entity pursuant to state or local law authorizing such registration.

This Equal Benefits requirement applies in any of the contractor’s operations in San Francisco, on real property owned by San Francisco, or where work is being performed for the SFMTA elsewhere in the United States, subject to the conditions set forth in San Francisco Labor and Employment Code Articles 131 and 132. Contractors must submit a declaration confirming that the business complies with the Equal Benefits law. The declaration is available via SF City Partner Supplier Portal. Refer to Attachment 1, City’s Contract Terms for additional details related to the application of this Ordinance to a contract awarded pursuant to this Solicitation.

For more information, visit the Contract Monitoring Division (CMD) website.

10.2 Reserved. (Payment of Prevailing Wages)

10.3 Reserved. (Health Care Accountability Ordinance (HCAO))

10.4 Reserved. (Minimum Compensation Ordinance (MCO))

10.5 First Source Hiring Program

A Bidder selected pursuant to this Solicitation shall comply with all applicable provisions of the First Source Hiring Program, Chapter 83 of the San Francisco Administrative Code. Refer to

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Attachment 1, City’s Contract Terms for additional details related to the application of this Policy to a contract awarded pursuant to this Solicitation.

10.6 Reserved. (Sweatfree Procurement)

10.7 Non-Profit Entities

To receive a contract under this Solicitation, any nonprofit Bidder must be in good standing with the California Attorney General’s Registry of Charitable Trusts by the time of contract execution and must remain in good standing during the term of the agreement. Upon request, Bidder must provide documentation to the SFMTA demonstrating its good standing with applicable legal requirements. If Bidder will use any nonprofit subcontractors to perform the agreement, Bidder will be responsible for ensuring they are also in compliance with all requirements of the Attorney General’s Registry of Charitable Trusts at the time of Contract execution and for the duration of the agreement.

10.8 Other Social Policy Provisions

Attachment 1, City’s Contract Terms, identifies the City’s applicable social policy provisions related to a contract awarded pursuant to this Solicitation. Bidders are encouraged to carefully review these terms and ensure they are able to comply with them.

11 Terms and Conditions for Receipt of Bids

11.1 How to Register to propose and be awarded a City Contract

To submit a proposal for a City contract, all vendors must be registered as a City BIDDER or a SUPPLIER. To be awarded a contract, Proposers must convert their BIDDER ID to a SUPPLIER ID, which requires additional steps to demonstrate compliance with certain San Francisco supplier requirements.

11.1.1 Registering as a BIDDER to propose on a City contract

Proposers that are not currently a City SUPPLIER must obtain a BIDDER ID by completing the following form on the SF City Partner Portal:

https://sfcitypartner.sfgov.org/pages/BidderRegistration-BS3/bidder-registration-1.aspx

11.1.2 Converting a BIDDER ID to SUPPLIER ID to be awarded a City contract

To convert a BIDDER ID to a SUPPLIER ID, awarded Proposers are required to register with the City Tax Collector’s Office. Additionally, businesses awarded contracts exceeding $230,000 (the “Minimum Competitive Amount”) must comply with the City’s Equal Benefits requirements pursuant to Labor and Employment Code Article 131 and must submit the online Equal Benefits Declaration through the SF City Partner Portal.

For detailed instructions on registering for City Business Tax, submitting an Equal Benefits Declaration, and for converting your BIDDER ID to a SUPPLIER ID visit Contracting with the City and County of San Francisco.

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City Business Tax Registration Inquiries: For questions regarding business tax registration procedures and requirements, visit Register a Business | Treasurer & Tax Collector, contact the Tax Collector’s Office at (415) 554-4400 or, if calling from within the City and County of San Francisco, 311.

Equal Benefits Program Inquiries: For questions concerning the San Francisco Labor and Employment Code Articles 131 and 132, go to: www.sfgov.org/cmd.

11.2 Bid Questions and Submissions

11.2.1 Bidder Questions and Requests for Clarification

Bidders shall address any questions regarding this Solicitation to the Contract Administrator whose name and contact information appears on the cover page of this Solicitation. Bidders who fail to submit questions concerning this Solicitation and its requirements will waive all further rights to protest based on the specifications and conditions herein. Questions must be submitted by email to the Contract Administrator whose name and contact information appears on the cover page of this Solicitation no later than Written Questions Due Date. A written Addendum will be executed addressing each question and answer and posted publicly. It is the responsibility of the Bidder to check for any Addenda and other updates that will be posted on the City’s Supplier Portal: https://sfcitypartner.sfgov.org/pages/Events-BS3/event-search.aspx.

11.2.2 Bid Format

Bids must be created using a word processing software (e.g. Microsoft Word or Excel) and typed in a serif font (e.g.-Times New Roman). The document must have page margins of at least .5” on all sides. Information must be provided at a level of detail that enables effective evaluation and comparison between Bids. Failure to follow formatting, submission, or content requirements, as well as page limit restrictions (if any), may negatively impact the evaluation of your Bid.

11.2.3 Time and Place for Submission of Bids

Bids must be received by Monday, September 14, 2026, at 1PM PST. Bidders must submit their Proposals in an electronic format to Esther.Kuang@sfmta.com.

Late submissions will not be considered. Each original Bid received will be screened to ensure that all content required by this Solicitation is included. Partial or complete omission of any required content may disqualify Bids from further consideration. Late Bid submissions will not be considered and failure to adhere to the above requirements may result in the complete rejection of your Bid.

Bidders are encouraged to submit their Bids at least 24 hours prior to the Bid Due Date to address any technical issues that may arise during the submission process.

11.3 Bid Addenda

The SFMTA may modify this Solicitation, prior to the Bid Due Date, by issuing an Addendum to the Solicitation, which will be posted on the San Francisco Supplier Portal. Every Addendum will create a new version of the Sourcing Event and Bidders must monitor the event for new versions. The Bidder shall be responsible for ensuring that its Bid reflects any and all Addenda issued by the SFMTA prior to the Bid Due Date regardless of when the Bid is submitted. Therefore, the SFMTA recommends that the Bidder consult the website frequently, P-695 (04-26) EK Page 9 of 13 Sourcing Event 0000012037 including shortly before the Bid Due Date, to determine if the Bidder has downloaded all Solicitation Addenda. It is the responsibility of the Bidder to check for any Addenda, Questions and Answers documents, and updates, which may be posted to the subject Solicitation.

THE SUBMITTAL OF A RESPONSE TO THIS SOLICITATION SHALL EXPLICITLY

STIPULATE ACCEPTANCE BY BIDDERS OF THE TERMS FOUND IN THIS

SOLICITATION, ANY AND ALL ADDENDA ISSUED TO THIS SOLICITATION, AND

CITY’s CONTRACT TERMS.

11.4 Public Disclosure

All documents under this solicitation process are subject to public disclosure per the California Public Records Act (California Government Code § 7920.000 et seq.) and the San Francisco Sunshine Ordinance (San Francisco Administrative Code Chapter 67). Contracts, Bids, responses, and all other records of communications between the SFMTA and Bidders shall be open to inspection immediately after a contract has been awarded. Nothing in this Administrative Code provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefit until and unless that person or organization is awarded the contract or benefit.

If the SFMTA receives a Public Records Request (“Request”) pertaining to this solicitation, SFMTA will use its best efforts to notify the affected Bidder(s) of the Request and to provide the Bidder with an opportunity to object to disclosure of the material requested by the due date for disclosure (“Response Date”). If the Bidder asserts that some or all of the material requested contains or reveals valuable trade secret or other information belonging to the Bidder that is exempt from disclosure and directs the SFMTA in writing to withhold such material from production (“Withholding Directive”), then the SFMTA will comply with the Withholding Directive on the condition that the Bidder seeks judicial relief on or before the Response Date.

Should Bidder fail to seek judicial relief on or before the Response Date, the SFMTA shall proceed with the disclosure of responsive documents.

11.5 Limitation on Communications During Solicitation

From the date this Solicitation is issued until the date the competitive process of this Solicitation is completed (either by cancelation or final Award), Bidders and their subcontractors, vendors, representatives and/or other parties under Bidder’s control, shall communicate solely with the Contract Administrator whose name appears in this Solicitation. Any attempt to communicate with any party other than the Contract Administrator whose name appears in this Solicitation – including any SFMTA official, representative or employee – is strictly prohibited. Failure to comply with this communications protocol may, at the sole discretion of SFMTA, result in the disqualification of the Bidder or potential Bidder from the competitive process. This protocol does not apply to communications with the SFMTA regarding business not related to this Solicitation.

11.6 Bid Selection Shall Not Imply Acceptance

The acceptance and/or selection of any Bid(s) shall not imply acceptance by the SFMTA of all terms of the Bid(s), which may be subject to further approvals before the SFMTA may be legally bound thereby.

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11.7 Cybersecurity Risk Assessment

The following Third-Party Audit Reports can be used to satisfy CCSF’s Cybersecurity Risk Assessment requirement:

SOC 2 Type 2

ISO/IEC 27001

CSA STAR Level 2 FedRAMP StateRAMP HITRUSTCSF – products or services that primarily relate to the Healthcare industry

ONLY.

PCI DSS Level 1 – products or services that primarily relate to the Payment

Processing industry ONLY.

NIST 800-53

In addition to the Third-Party Audit Reports mentioned above, SFMTA and County of San Francisco’s CRA requirement can also be satisfied by providing a completed CAIQ Lite Questionnaire or completing the SFMTA’s CRA Questionnaire in the SFMTA’s LogicGate portal.

The above reports may be requested at such time SFMTA has selected or is considering a potential Bidder. The reports will be evaluated by the soliciting Department and the SFMTA’s Department of Technology to identify existing or potential cyber risks to SFMTA. Should such risks be identified, SFMTA may afford a potential Bidder an opportunity to cure such risk within a period of time deemed reasonable to SFMTA. Such remediation and continuing compliance shall be subject to SFMTA’s on-going review and audit through industry-standard methodologies, including but not limited to: on-site visits, review of the entities’ cybersecurity program, penetration testing, and/or code reviews.

11.8 Solicitation Errors and Omissions

Bidders are responsible for reviewing all portions of this Solicitation. Bidders are to promptly notify the SFMTA, in writing and to the Solicitation contact person if the Bidder discovers any ambiguity, discrepancy, omission, or other error in the Solicitation. Any such notification should be directed to the SFMTA promptly after discovery, but in no event later than the deadline for questions. Modifications and clarifications will be made by Addenda as provided below.

11.9 Objections to Solicitation Terms

Should a Bidder object on any ground to any provision or legal requirement set forth in this Solicitation, the Bidder must, no later than the deadline for questions, provide written notice to the SFMTA setting forth with specificity the grounds for the objection. The failure of a Bidder to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection.

11.10 Protest Procedures

11.10.1 Protest of Non-Responsiveness Determination

Within three (3) business days of the SFMTA's issuance of a Notice of Non-Responsiveness, a Bidder may submit a written Notice of Protest of Non-Responsiveness. The Notice of Protest

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11.10.2 Protest of Non-Responsible Determination

Within three (3) business days of the SFMTA's issuance of a Notice of Non-Responsibility, a Bidder may submit a written Notice of Protest of Non-Responsibility. The Notice of Protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The Notice of Protest must be signed by an individual authorized to represent the Bidder, and must cite the law, rule, local ordinance, procedure or Solicitation provision on which the protest is based. In addition, the Notice of Protest must specify facts and evidence sufficient for the SFMTA to determine the validity of the protest.

11.10.3 Protest of Contract Award

Within three (3) business days of the SFMTA's issuance of a Notice of Intent to Award, a Bidder may submit a written Notice of Protest of Contract Award. The Notice of Protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest.

The Notice of Protest must be signed by an individual authorized to represent the Bidder, and must cite the law, rule, local ordinance, procedure or Solicitation provision on which the protest is based. In addition, the Notice of Protest must specify facts and evidence sufficient for the SFMTA to determine the validity of the protest.

11.10.4 Delivery of Protests

A Notice of Protest must be written. Protests made orally (e.g., by telephone) will not be considered. A Notice of Protest must be delivered by mail or email to the Contract Administrator whose name and contact information appears on the cover page to this Solicitation and received by the due dates stated above. A Notice of Protest shall be transmitted by a means that will objectively establish the date the SFMTA received the Notice of Protest. If a Notice of Protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein.

11.11 Bid Term

Submission of a Bid signifies that the offered products, services and prices are valid for 180 calendar days from the Bid Due Date and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity. At Bidder’s election, the Bid may remain valid beyond the 180-day period in the circumstance of extended negotiations.

11.12 Revision to Bid

A Bidder may revise a Bid on the Bidder’s own initiative at any time before the deadline for submission of Bids. The Bidder must submit the revised Bid in the same manner as the original.

A revised Bid must be received on or before, but no later than the Bid Due Date and time. In no case will a statement of intent to submit a revised Bid, or commencement of a revision process, extend the Bid Due Date for any Bidder. At any time during the Bid evaluation process, the SFMTA may require a Bidder to provide oral or written clarification of its Bid. The SFMTA reserves the right to make an award without further clarifications of Bids received.

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11.13 Bid Errors and Omissions

Failure by the SFMTA to object to an error, omission, or deviation in the Bid will in no way modify the Solicitation or excuse the Bidder from full compliance with the specifications of this Solicitation or any contract awarded pursuant to this Solicitation.

11.14 Financial Responsibility

The SFMTA accepts no financial responsibility for any costs incurred by a Bidder in responding to this Solicitation. Bidders acknowledge and agree that their submissions in response to this Solicitation will become the property of the SFMTA and may be used by the SFMTA in any way deemed appropriate.

11.15 Bidder’s Obligations under the Campaign Reform Ordinance

If a contract awarded pursuant to this Solicitation has (A) a value of $100,000 or more in a fiscal year and (B) requires the approval of an elected SFMTA official, Bidders are hereby advised:

(A) Submission of a Bid in response to this Solicitation may subject the Bidders to restrictions under Campaign and Governmental Conduct Code Section 1.126, which prohibits SFMTA contractors, Bidders, and their affiliates from making political contributions to certain SFMTA elective officers and candidates; and

(B) Before submitting a Bid in response to this Solicitation, Bidders are required to notify their affiliates and subcontractors listed in the awarded contract or Bid of the political contribution restrictions set forth in Campaign and Governmental Conduct Code section 1.126.

This restriction applies to the party seeking the contract, the party’s board of directors, chairperson, chief executive officer, chief financial officer, chief operating officer, any person with an ownership interest greater than ten percent, and any political committees controlled or sponsored by the party, as well as any subcontractors listed in the awarded contract or Bid. The law both prohibits the donor from giving contributions and prohibits the elected official from soliciting or accepting them.

The people and entities listed in the preceding paragraph may not make a campaign contribution to the elected official at any time from the submission of a Bid for a contract until either: (1) negotiations are terminated and no contract is awarded; or (2) twelve months have elapsed since the award of the contract.

A violation of Section 1.126 may result in criminal, civil, or administrative penalties. For further information, Bidders should contact the San Francisco Ethics Commission at (415) 252-3100 or go to https://sfethics.org/compliance/city-officers/city-contracts/city-departments/notifying-bidders-and-potential-bidders.

11.16 Reservations of Rights by the SFMTA

The issuance of this Solicitation does not constitute a guarantee by the SFMTA that a contract will be awarded or executed by the SFMTA. The SFMTA expressly reserves the right at any time to:

(A) Waive or correct any defect or informality in any response, Bid, or Bid procedure;

(B) Reject any or all Bids;

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(C) Reissue the Solicitation;

(D) Prior to submission deadline for Bids, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this Solicitation, or the requirements for contents or format of the Bids;

(E) Procure any materials, equipment or services specified in this Solicitation by any other means; or

(F) Determine that the subject goods or services are no longer necessary.

11.17 No Waiver

No waiver by the SFMTA of any provision of this Solicitation shall be implied from the SFMTA’s failure to recognize or take action on account of a Bidder’s failure to comply with this Solicitation.

11.18 Other

1) The SFMTA may make such investigation, as it deems necessary, prior to the award of this contract to determine the conditions under which the goods are to be delivered or the work is to be performed. Factors considered by the SFMTA shall include, but not be limited to:

a. Any condition set forth in this Solicitation;

b. Adequacy of Proposer’s facilities and/or equipment, location and personnel to supply the goods to be delivered or properly perform all services required under the anticipated contract; and

c. Delivery time(s).

2) SFMTA reserves the right to inspect an awarded Bidder’s place of business prior to award of and/or at any time during the contract term (or any extension thereof) to aid SFMTA in determining an awarded Bidder’s capabilities and qualifications.

3) Failure to timely execute a contract, or to furnish any and all insurance certificates and policy endorsements, surety bonds or other materials required in the contract, shall be deemed an abandonment of a contract offer. The SFMTA, in its sole discretion, may select another Bidder and may proceed against the original selectee for damages.

4) SFMTA reserves the right to reject any Bid on which the information submitted by Bidder fails to satisfy SFMTA and/or if Bidder is unable to supply the information and documentation required by this Solicitation within the period of time requested.

5) Any false statements made by a Bidder or any related communication/clarification may result in the disqualification of its Bid from receiving further evaluation and a contract award.