Silverliner-VI-RFP-Instructions-to-Proposers-Redline-August-2026-Addendum-12-1.pdf

REQUEST FOR PROPOSAL FOR THE PURCHASE

OF SILVERLINER VI RAIL CARS

TABLE OF CONTENTS

SECTIONS

INSTRUCTIONS AND INFORMATION FOR PROPOSERSNOTICE OF REQUEST FOR

PROPOSALS

CONTRACT & GENERAL CONDITIONS INSTRUCTIONS TO PROPOSERS

APPENDICES

CONTRACT AND GENERAL CONDITIONS FOR SILVERLINER-VI RAILCARS

SILVERLINER-VI RAILCAR PROCUREMENT TECHNICAL SPECIFICATION

CONTRACT

EXHIBIT I - PRICING/BAFO

EXHIBIT II – PROJECT SCHEDULE

EXHIBIT III - SPARE PARTS

EXHIBIT IV - SPECIFICATION

EXHIBIT A - FEDERAL CONTRACT REQUIREMENTS

EXHIBIT B - STATE AND LOCAL CONTRACT REQUIREMENTS

EXHIBIT C - SEPTA'S EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE

ACTION CONTRACTUAL REQUIREMENTS

EXHIBIT D – CERTIFICATIONS

• BUY AMERICA CERTIFICATE

• DBE APPROVAL CERTIFICATION

• CERTIFICATE OF COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT

OF 1986

EXHIBIT E - FORMS - SAMPLES

• PERFORMANCE BOND

• CONTRACT CHANGE ORDER

• MAINTENANCE BOND

• NON-COLLUSION AFFIDAVIT

EXHIBIT F – TECHNICAL PROPOSAL

EXHIBIT G – ADDENDA ACKNOWLEDGEMENT

EXHIBIT H – ADDENDA

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Request for Proposal

RFP 25-00300-AMJP

November 2025August 2026

Southeastern Pennsylvania Transportation Authority

SECTION 1

NOTICE OF REQUEST FOR PROPOSALS

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SECTION 1: NOTICE OF REQUEST FOR PROPOSALS

NR 1. RFP 25-00300-AMJP – Silverliner Rail Cars NR 2. Proposal Submission NR 3. Proposal Acceptance Period NR 4. Questions

RFP Section 1 Page 1 of 2

SECTION 1: NOTICE OF REQUEST FOR PROPOSALS

NR 1. Request for Proposal No. RFP 25-00300-AMJP – Silverliner Rail

Cars

A. The Southeastern Pennsylvania Transportation Authority (SEPTA) is soliciting proposals for the purchase of two hundred and thirty four (234) Rail Cars with five four Option Orders.

• Base Order: two hundred and thirty-four (234) Rail Cars and supporting equipment

• Option 1: Forty-six (46) Rail Cars

• Option 2: Forty-six (46) Rail Cars.

• Option 3: Spares for the option Rail Cars

• Option 4: Configure 30 of the first 46-car option orders as an Airport configuration

SEPTA may at its option elect to have two (2) of the base order cars configured as Test and

Inspection vehicles as detailed in the Technical Specification. The Option Orders are for two separate options of forty six (46), spares for additional option vehicles, and a test and inspection vehicle configuration. Note that SEPTA may exercise an option to configure up to 30 of the first

46-car option orders as an Airport configuration as detailed in the Technical Specification.

B. Proposers are required to submit pricing for the Base order Order and all Option Orders in order for the proposal to be considered responsive.

C. SEPTA will evaluate each proposal in accordance with the criteria specified in Section 2, –

Instructions to Proposers. of the RFP and rRecommendation for award, if made, to the SEPTA

Board will be for the proposal that provides the best value to SEPTA. The proposals submitted should shall be identified as Request for Proposal No. 25-00300-AMJP – Silverliner VI Rail Cars.

A.D. Proposers are advised that SEPTA is utilizing the Request for Proposal method for this

Contract. This procedure affords all proposers the opportunity to submit requests for modifications to the Section 3 - Contract and General Conditions, other terms and provisions, and improvementsas well as modifications to the Technical Specification.

NR 2. Proposal Submission

A. Each Proposal must be submitted per the requirements in Section 2, – Instructions to Proposers, two (2) separate sealed parts, identified as the Technical Proposal and the Price Proposal. One (1) original printed copy and one (1) thumb driveelectronic copy in PDF and Excel Format of the

Technical Proposal and one (1) original printed copy and one (1) thumb driveelectronic copy in

PDF and Excel Format of the Price Proposal are to be submitted to SEPTA by the close of business

(4:30 PM) on Friday, April 10October 30th, 2026. Please direct all correspondence to:

Michael Piselli

Manager, Contract Administration

SEPTA - Procurement and Supply Chain

1234 Market Street, 11th Floor

Philadelphia, PA 19107-3780

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RFP Section 1 Page 2 of 2

B. No Proposal bonding is required; however, the Best and Final Offer (BAFO) must be accompanied by either a: (1) BAFO Proposal Bond; (2) Cashiers' check; (3) Certified check; (4) Treasurer's check; and / or (5) Official bank check; in the amount of not less than $5,000,000 (USD) drawn in favor of the Southeastern Pennsylvania Transportation Authority. The Proposal Bond must be issued by a qualified surety company currently authorized under 31 CFR Part 223 as possessing a

Certificate of Authority as described thereunder and authorized to issue bonds at least up to the dollar amount of the Bid Proposal Bond required hereunder.

NR 3. Proposal Acceptance Period

A. The Proposal shall be binding upon the Proposer for one hundred and twenty (120) calendar days following the "Best and Final Offer". Any proposal on which the Proposer shortens the acceptance period will be rejected, although the acceptance period may be extended by mutual agreement between SEPTA and the Proposer.

NR 4. Questions

A. Prior to submitting proposals, each prospective Proposer should examine the RFP Documents carefully and submit in writing any requests for an interpretation or correction of any ambiguity, inconsistency, or error therein. This should include a list of any items for which the Proposer requires clarification before it can determine its ability to comply, stating the specifics of the clarification requested, i.e.,(e.g., describing what the Proposer does not understand about the specification,; or what the Proposer believes may be an error and why it is believed to be an error);

and, if the Proposer believes a specification is in conflict with another specification or other requirement of the Work, identify the sections it believes are in conflict and why; and any other clarification with sufficient description to enable SEPTA to provide the appropriate clarification.

B. All questions or requests for clarification pertaining to this Request for Proposal must be submitted in writing to SEPTA - Procurement & Contracts Department, Attn: Michael Piselli 1234 Market

Street - 11th Floor, Philadelphia, PA 19107-3780 or email at mpiselli@septa.org. All questions must be received no later than the close of business (4:30 PM) on Friday January 30September 25, 2026.

mailto:jcoombs@septa.org

SECTION 2

INSTRUCTIONS TO PROPOSERS

SECTION 2: INSTRUCTIONS TO PROPOSERS

IP 1. General IP 2. Form of Proposal

IP 2.1 Technical Proposal Submission IP 3. Obtaining Proposal Documents IP 4. Responsibility Requirements

IP 4.1 Responsibility of Proposer IP 4.2 Responsibility of SEPTA

IP 5. Submission of Proposals IP 5.1 Price Proposal IP 5.2 Restrictions on Contact with Authority Employees IP 5.3 Oral Presentations and Demonstrations IP 5.4 Disclosure of Proposals

IP 6. Other Information Included with Technical Proposal IP 6.1 Disadvantaged Business Enterprise (DBE) IP 6.2 Steel Products Procurement Act of 1978 IP 6.3 Buy America Provision

IP 7. Addenda IP 8. Equal Employment Opportunity (EEO) IP 9. Rights Reserved By SEPTA

IP 9.1 Modifications to SEPTA’s Form of Contract IP 9.2 Insurance IP 9.3 Performance Bond IP 9.4 Additional Guarantee IP 9.5 Proposal Acceptance Period IP 9.6 Taxes IP 9.7 Performance Evaluation IP 9.8 Buy America Pre-Award Audit for Rolling Stock IP 9.9 “Or Equal” Items IP 9.10 Non-Collusion Requirement

IP 10. Project Schedule IP 11. Proposal Format

IP 11.1 Technical Approach IP 12. Selection Process

IP 12.1 Evaluation Criteria IP 12.2 Evaluation and Selection Process IP 12.3 Award

IP 13 SEPTA Bid/Proposal Protest Procedure

SECTION 2: INSTRUCTIONS TO PROPOSERS

IP 1. General

A. You (hereinafter referred to as “Proposer”) are requested to submit a formal proposal (hereinafter referred to as “Proposal”) for the required Material and / or Equipment detailed in the Contract

Documents (hereinafter referred to as “Project”) in accordance with this Request for Proposal

(RFP). Any information in addition to that required by this RFP which Proposer feels will help in the evaluation of its Proposal is to be submitted with its Proposal. Any Proposal submitted must comply with the requirements of this RFP as herein stated including all applicable Federal, State and Local laws, and is to be signed by an officer legally authorized to bind Proposer to athe Contract

(hereinafter referred to as “Contract”) and shall be submitted to SEPTA in writing, in the time and in the manner described herein. Following is the RFP Quantity & Delivery Schedule:

SILVERLINER VI RAIL CARS QUANTITY & DELIVERY SCHEDULE

Calendar Year Delivery Qty of Married Pairs (MP) Optional qty of MPs

2030 9 N/A

2031 36 N/A

2032 36 N/A

2033 36 N/A

2034 n/a 36

2035 n/a 10

Totals 117 MP (234 Cars) 46 MP (92 Cars)

Note: The schedule above Wwill vary with NTP date.

IP 2. Form of Proposal

A. Prospective proposers shall submit proposals for the Base Order and four (4) Option Orders:

• Base Order: two hundred and thirty-four (234) Rail Cars and supporting equipment

• Option 1: Forty-six (46) Rail Cars

• Option 2: Forty-six (46) Rail Cars

• Option 3: Spares for the option Rail Cars

• Option 4: Configure 30 of the first 46-car option orders as an Airport configuration

B. Each Proposal (consisting of the Base Order and the fivefour Option Orders) shall be submitted in two (2) separate sealed envelopes/packages, one containing the Technical Proposal and one containing the Price Proposal.

1. The Technical Proposal envelope/package shall contain Oneone (1) original printed copy (see

IP 2.1) and one (1) thumb drive electronic copy in PDF and Excel Format. of the Technical

Proposal and

2. The Price Proposal envelope/package shall contain one (1) original printed copy and one (1) thumb driveelectronic copy in PDF and Excel Format of the Price Proposa.

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B.3. l are to beThe envelopes/packages shall be submitted in sealed envelopes/packages which areand identified on the face with the name of the Proposer and the Project nameRFP No (.

This Proposal must be identified as Request for Proposal No. 25-00300-AMJP – Silverliner VI

Rail Cars).

IP 2.1 Technical Proposal Submission

A. In a separate binder(s), each Proposer shall provide the following technical information. This binder shall contain alpha-numeric designated tabs, corresponding to the paragraphs and elements listed within IP 11 – Technical Proposal Format. The response to each paragraph should be contained within its respective tab. For example, the Proposer’s documentation on how acceleration requirements will be met should be presented within Tab 11.12. Each tab should include all information requested in its entirety and be fully self-contained, and not reference attachments distributed throughout the proposal. Each Technical Proposal shall demonstrate that all the proposed equipment integrates and satisfies the functional requirements in the Technical specificationSpecification. General statements or overall descriptions may be used to supplement the material presented. If any exceptions to the Technical Specification are to be made, the

Technical Proposal shall include a complete tabulation of every exception to the Technical

Specification in the form of a compliance matrix (see IP IP 11.1 Technical ApproachChapter 011.1, Tab 3029 – Compliance Matrix ).

B. The Technical Proposal should be clear and concise , and completely explain how the Proposer will meet the stated objectives. Brevity and clarity are desired. Statements merely indicating that the

Proposer will meet specific requirements are not acceptable. The Technical Proposal will be judged on the completeness, clarity and technical content of the proposal as elaborated in IP 11 - Technical

Proposal Format andIP 12. Selection Process IP 12 – Selection Process.

C. If more than one type of car is offered, the Proposer shall submit a separate and complete Technical and Price Proposal (or separate and completely referenced sections within one Technical Proposal) for each car being offered. The Proposer is responsible for duplicating the required Proposal submission forms and documents for each respective proposal.

D. The proposal shall not exceed two 3 ½” binders of 8 ½ by 11 inches pages single sided (excluding illustrations or drawings). Font size shall be 10 pt. or greater. A limited number of 11 by 17 inch fold-out drawings are permitted, in addition to the drawings specifically requested below. Supplier promotional brochures need not be included, unless pertinent technical information is provided by them. Drawings shall be of a print quality that is easily readable in English.

IP 3. Obtaining Proposal Documents

A. All required proposal forms are included with this RFP.

IP 4. Proposal SecurityResponsibility Requirements

A. No Proposal bonding is required; however, the Best and Final Offer (BAFO) must be accompanied by either a: (1) BAFO Proposal Bond; (2) Cashiers' check; (3) Certified check; (4) Treasurer's check; and / or (5) Official bank check; in the amount of not less than $5,000,000 (USD) drawn in favor of the Southeastern Pennsylvania Transportation Authority. The Proposal Bond must be

Formatted: Not Highlight issued by a qualified surety company currently authorized under 31 CFR Part 223 as possessing a

Certificate of Authority as described thereunder and authorized to issue bond at least up to the dollar amount of the Proposal Bond required hereunder.

IP 4.1 Responsibility of Proposer

A. SEPTA will only award a Contract to a firm which it has determined to be responsible. The

Proposer shall furnish adequate documentation, as determined by SEPTA, within twenty (20) days of receipt of SEPTA's written request to permit SEPTA to determine the responsibility of the

Proposer. A responsible contractor is one which meets the following standards:

1. Integrity and Ethics – Has a satisfactory record of integrity and ethics, in compliance with 49

U.S.C. Section 5325(j) (2) (A);

2. Debarment and Suspension – Is neither debarred nor suspended from Federal programs under

DOT regulations, “Non procurement Suspension and Debarment,” 2CFR Parts 180 and 1200, or under FAR at 48CFR Chapter 1 Part 9.4 or any Commonwealth of Pennsylvania funded programs;

3. Affirmative Action and DBE – Is in compliance with the Common Grant Rules’ affirmative action and DOT’s Disadvantaged Business Enterprise requirements, 49 CFR Part 26;

4. Public Policy – Is in compliance with the public policies of the Federal Government, as required by 49 U.S.C. Section 5325 (j) (2) (B) and Commonwealth of Pennsylvania public policies;

5. Administrative and Technical Capacity – has the necessary organization, experience, accounting, and operational controls and technical skills, or the ability to obtain them in compliance with 79 U.S.C Section 5325 (j) (2) (D);

6. Licensing and Taxes – Is in compliance with applicable licensing and tax laws and regulations

7. Financial Resources – has, or can obtain, sufficient financial resources to perform the contract, as required by 49 U.S.C. Section 5325 (j) (2) (D);

8. Production Capability – Has, or can obtain, the necessary production, construction and technical equipment and facilities;

9. Timeliness – Is able to comply with the required delivery or performance schedule, taking into consideration all existing commercial and governmental rail car commitments; and,

10. Performance Record – Is able to provide a satisfactory current and past performance record.

IP 4.2 Responsibility of OthersSEPTA

A. SEPTA: will provide the following for the duration of the Contract:

1. Project Manager – SEPTA will provide a Project Manager (hereinafter referred to as "SEPTA's

Project Manager") and management team which shall provide the technical direction of the

Project. The SEPTA team shall also monitor and review the progress of the Proposer's services in order to aid in the program coordination. The participation by SEPTA's Project Manager shall not relieve the Proposer from its obligations under the terms of the Contract.

2. Contract Administrator – SEPTA will also provide an administrator for the Contract

(hereinafter referred to as "SEPTA's Contract Administrator"). All changes to contract requirements which need to be performed under the Contract must receive the prior written authorization of SEPTA's Contract Administrator

IP 5. Submission of Proposals

A. One (1) original and one (1) thumb drive in PDF Format of the Technical Proposal and one (1) original and one (1) thumb drive in PDF Format of the Price Proposal in sealed envelopes which are identified on the face with the name of the Proposer and the Project name,Proposals shall be submitted to:

Michael Piselli

Manager, Contract Administration

SEPTA - Procurement and Supply Chain

1234 Market Street, 11th Floor

Philadelphia, PA 19107-3780

IP 5.1 Price Proposal

A. The Price Proposal shall be submitted to SEPTA as a separate sealed document. Price Proposals which exclude or restrict cost items necessary for a Proposer to perform the SEPTA required scope of services are not acceptable and may be considered by SEPTA as non-responsive to the RFP.

B. The Price Proposal shall be submitted on Contract Exhibit 1 - Price Proposal Schedule along with any other additional information required to make it complete. The Price Proposal must include pricing for the Options.

C. The requirements of the Contract included as part of this RFP should be carefully reviewed by the

Proposer prior to preparation of its Price Proposal. In preparation of its Price Proposal, the Proposer must assume that SEPTA will not make any modifications to the terms of the Contract as attached.

IP 5.2 Restrictions on Contact with Authority Employees

A. Prospective Proposers are advised that until the award of any Contract pursuant to this RFP, they are not permitted to contact SEPTA employees about a matter related to this solicitation unless they have received the permission of the Point of Contact for this RFP, Michael Piselli.

IP 5.3 Oral Presentations and Demonstrations

A. SEPTA may require Proposers to give oral presentations regarding their proposals and/or to exhibit or demonstrate the items they are proposing after the Proposal Submittal Date.

IP 5.4 Disclosure of Proposals

A. Upon submission, proposals and other materials submitted by Proposers become records subject to the Freedom of Information Law of the Commonwealth of Pennsylvania (FOIL). SEPTA may deny the public access to such records or applicable portions thereof which (a) are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to a competitive position of the subject enterprise, (b) are specifically exempted from disclosure by State and Federal Statute, or (c) are otherwise exempted from disclosure under FOIL.

B. Proposers should mark confidential only those portions of their proposals which they believe are not required to be disclosed under FOIL. Labeling information as confidential will result in the applicability of the trade secrets provisions of FOIL. FOIL includes procedures for determining, in response to a request for access to materials labeled "Trade Secrets", whether such materials are in fact trade secrets under FOIL. If materials are in fact trade secrets, access will be denied. If the materials are not in fact trade secrets and are otherwise publicly accessible records, access must be granted.

IP 6. Other Information Included with Technical Proposal

A. If the Proposer is a joint venture, limited liability company, partnership, newly formed entity or holding company (Proposers Entity), then a copy of any written contract or understanding which exists between the members of the Proposer Entity” shall be included as part the Technical

Proposal. If no written contract or understanding exists, then the Proposer Entity shall include in its Technical Proposal a written statement explaining how the Proposer Entity will fulfill the requirements of the Contract included within this RFP. Such explanation shall fully discuss and identify the responsibility of the Proposer Entity for performing the services, providing the required insurance and bonding providing coverage for the indemnification of SEPTA required by the

Contract. It shall clearly explain which parties of the Proposer Entity will interface with SEPTA on a design and technical basis, which major sections of the Technical Specifications will be handled by each party including post-delivery technical support and warranty, and which member of the Proposer Entity or partner will be responsible to resolve disputes between the Proposer Entity and SEPTA.

IP 6.1 Disadvantaged Business Enterprise (DBE)

A. SEPTA hereby notifies all Proposers that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit Proposals in response to this RFP and will not be subject to discrimination on the basis of race, color, sex, age, physical handicap or national origin in consideration for an award.

B. SEPTA solicits and encourages DBE participation as a prime Contractor, joint venture partner, and/or as a subcontractor for the Project. DBE's will be afforded full consideration and will not be subject to discrimination. All respondents will be required to comply with FTA's DBE requirements for transit vehicle manufacturers found in 49 CFR Part 26.

C. All respondents must submit a copy of the company’s official Transit Vehicle Manufacturers

Certificate attesting to the requirements of 49 CFR Part 26 along with the signed DBE Approval

Certification (Attached in Exhibit D – DBE Approval Certification).

IP 6.2 Steel Products Procurement Act of 1978

A. By submitting a proposal it specifically agrees to fully comply with the Commonwealth of

Pennsylvania's Steel Product Procurement Act of 1978 (Act No. 3 of 1978, March 3 P.L. 6 (73 P.S.

'1881 et seq.)), as amended.

B. The Commonwealth of Pennsylvania's Steel Product Procurement Act of 1978, as amended, defines

"steel products" as products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made in the United States of America by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process, and shall include cast iron products and shall include machinery and equipment listed in the United States Department of Commerce Standard Industrial

Classification 25 (furniture and fixture), 35 (machinery, except electrical), and 37 (transportation equipment) and made of, fabricated from, or containing steel components. If a product contains both foreign and United States steel, such product shall be determined to be a United States steel product only if at least 75 percent of the cost of the articles, materials and supplies have been mined, produced or manufactured, as the case may be, in the United States.

C.B. NOTE*: Transportation equipment shall be determined to be a United States steel product if it complies with 49 U.S.C. 5325(j) [formerly Section 165 of the Federal Surface

Transportation Assistance Act of 1982, as amended] and the applicable regulations in 49 CFR

Part 661. [Buy America]

D.C. The Proposer understands and agrees that, whether or not it sets forth any exceptions on its

Price Proposal with the Steel Product Procurement Act, the Proposer is bound by its original Price

Proposal and is not permitted to change its Price Proposal after proposal opening. In addition, if the Proposer does not set forth any exceptions with the Steel Product Procurement Act requirements, the Proposer understands and agrees that it is not eligible for a waiver of those requirements.

IP 6.3 Buy America Provision

A. In order to qualify as a domestic end-product, the cost of components produced in the United States must exceed 70 percent (70%), as defined in 49 CFR Part 661, of the cost of all components and subcomponents, and final assembly must take place in the United States.

B. The Proposer understands and agrees that, pursuant to 49 CFR Part 661.13, whether or not it certifies that it will comply with the applicable Buy America requirement, the Proposer is bound by its original certification or if given the opportunity, its certification submitted with its Best and

Final Offer (BAFO), and is not permitted to change its certification after BAFO opening. In addition, if the Proposer certifies that it will comply with the applicable Buy America requirements, the Proposer understands and agrees that it is not eligible for a waiver of those requirements.

C. On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs

Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”).

Pub. L. No. 117-58, §§ 70901-52. The Act strengthens Made in America Laws and will bolster

America’s industrial base, protect national security, and support high-paying jobs. The Act requires that no later than May 14, 2022—180 days after the enactment of the IIJA—the head of each covered Federal agency shall ensure that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.”

IP 6.4 Certificate of Compliance with Immigration Reform and Control

Act of 1986

A. Certificate of Compliance with Immigration Reform and Control Act of 1986, attached in Exhibit

D.

IP 7. Addenda

A. The contents of all addenda to Proposers are to be incorporated in the proposal and will become part of the contract documents. Addenda should be acknowledged on the Acknowledgement of

Addenda Form and included as part of the technical proposal.

IP 8. Equal Employment Opportunity (EEO)

A. In connection with the performance of the Agreement, the Awardee shall not discriminate against any employee or applicant for employment because of race, color, age, creed, religion, sex or national origin. The Awardee shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, age or national origin. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship.

SEPTA REQUIREMENTS NONDISCRIMINATION:

During the performance of the Agreement, the Awardee agrees as follows:

1. The Awardee will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, age, or national origin. The Awardee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, age, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Awardee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Awardee will, in all solicitations or advertisements for employees placed by or on behalf of the Awardee; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin.

3. The Awardee will send to each Labor Union or Representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said Labor Union or Worker's Representative of the Awardee’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Awardee will comply with all Affirmative Action provisions of the Agreement.

5. The Awardee will furnish all information and reports required by SEPTA and will permit access to its books, records, and accounts by the EEO Compliance Officer for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the Awardee’s noncompliance with the nondiscrimination clause of the Agreement, the Agreement may be cancelled, terminated, or suspended in whole or in part and the Awardee may be declared ineligible for further SEPTA contracts.

7. The Awardee will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (6) in every subcontract or purchase order so that such provisions shall be binding upon each subcontractor or vendor. The Awardee will take such action with respect to any subcontract or purchase order as SEPTA may direct as a means of enforcing such provisions, including sanctions for noncompliance.

8. The Awardee shall have an Affirmative Action Plan declaring that it does not discriminate on the basis of race, color, religion, creed, national origin or sex and specifying minority and female goals to assure implementation of the Plan. SEPTA shall assure compliance with this requirement by promptly investigating suspected or reported violations.

9. SEPTA reserves the right to monitor and periodically audit its Awardees’ compliance with the specifications requirements discussed in this section. In the event the Awardee fails to comply with the nondiscrimination provisions of the Agreement, the EEO Compliance Officer shall recommend to the contracting department such contract sanctions as the General Counsel shall advise are available. The EEO Compliance Officer shall make a report of any such compliance to the Office of Federal Contract Compliance Programs (OFCCP).

IP 9. Rights Reserved By SEPTA

A. SEPTA expressly reserves the right to reject any and all Proposals and/or to negotiate separately with any firm in any manner deemed appropriate to serve its best interest. If an award is made as a result of the Proposals, SEPTA will award the Contract to the prospective contractor who SEPTA has determined to be responsive and responsible, and whose Proposal represents the “best value” to SEPTA by providing a combination of both price/cost and technical evaluation factors which

SEPTA determines is in the best interests of and the most advantageous to SEPTA. SEPTA is not liable for any expenses incurred by any Proposer(s) in the development of its Proposal or any subsequent activity related to the Proposal.

B. Any Contract to be entered into pursuant to this RFP is subject to financial assistance grants between SEPTA, the United States Department of Transportation, Federal Transit Administration

(FTA), and the Pennsylvania Department of Transportation, and must conform to the requirements thereof.

IP 9.1 Modifications to SEPTA’s Form of Contract

A. If an award of Contract is made as a result of this RFP, the proposed form of Contract which the

Proposer will be required to execute is included, and the Proposers are urged to review the Contract fully. SEPTA may, at its sole discretion consider modifications to the terms of the proposed

Contract, provided the Proposer specifically requests such modifications during the questions period and in its Technical Proposalof this procurement.

B. The Contract requires that all tasks described in the RFP and/or Proposal shall be the Proposer's sole responsibility and shall be performed by the Proposer and its subcontractors/ sub-consultants.

As part of the negotiation process (see IP 12. Selection Process), SEPTA may elect to consolidate the services described in the RFP and the Proposal into a single document. The single document shall then become an Attachment to the Contract instead of the RFP and Proposal.

IP 9.2 Insurance

A. The Proposer shall be required to provide insurance as subject to the requirements of the Contract.

IP 9.3 Performance Bond

A. The successful Proposer shall be required to furnish a Performance Bond no later than ten (10) days after Intent of Notice of Award, in accordance with the requirements of Performance Bond of

Section XX of the Contract. The acceptable bond form is AIA Document A311. A sample is attached to the Contract in Exhibit E.

IP 9.4 Additional Guarantee

A. SEPTA reserves the right, at its sole discretion, to require Proposer to provide additional guarantee from parent, affiliated or related corporation.

IP 9.5 Proposal Acceptance Period

A. The Proposal shall be binding upon the Proposer for one hundred and twenty (120) calendar days following the "Best and Final Offer". Any proposal on which the Proposer shortens the acceptance period will be rejected, although the acceptance period may be extended by mutual agreement between SEPTA and the Proposer.

IP 9.6 Taxes

A. Pennsylvania Sales and Use Tax: As an agency and instrumentality of the Commonwealth of

Pennsylvania, SEPTA is exempt from the payment of Federal Excise Taxes and Pennsylvania Sales and Use Taxes (71 P.S. Sec. 7071 et seq.) on material, equipment or other personal property purchases and contracts for its exclusive use or consumption: therefore, the Proposer shall not include these taxes in the computation of its price proposal. SEPTA will furnish exemption certificates, as required, upon the request of the Proposer.

B. City of Philadelphia and School District of Philadelphia Taxes: The Proposer as a result of any contract entered into pursuant to this Request for Proposal, may be subject to certain business taxes imposed by the City of Philadelphia and/or the School District of Philadelphia. The Proposer is solely responsible for making its own investigation to determine whether or not it is subject to the above-mentioned city and school district taxes, and for paying any such tax if applicable. Proposers are hereby informed that SEPTA is obligated by law to furnish to the City of Philadelphia

Department of Collections, upon its request, the name and address of any person or firm with whom it has a contract for goods and services. For information the following phone number is provided:

Business and Earnings and School Income Tax (215) 686-6600.

IP 9.7 Performance Evaluation

A. SEPTA's Procurement Manual requires the formal performance evaluation of all

Material/Equipment Contracts over $100,000.

IP 9.8 Buy America Pre-Award Audit for Rolling Stock

A. The successful Proposer will be required to provide SEPTA, or its designated independent third party reviewer, with sufficient documentation prior to contract award as to allow SEPTA, or its designated independent third party reviewer, to verify the accuracy of the Proposer’s Buy America

Certification.

B. The documentation supplied by the Proposer must list (a) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and (b) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

C. SEPTA, or its designated independent third party reviewer, will also perform a post-delivery audit of the business as actually manufactured in accordance with 49 CFR Part 663, and the Proposer shall supply sufficient documentation to verify compliance.

D. The Proposer shall not restrict SEPTA, or its designated independent third party reviewer(s), from stating component manufacturer and country of origin information in any Buy America Audit

Reports.

IP 9.9 “Or Equal” Items

A. Whenever in the Technical Specification an article or material is defined by using a trade name or the name and catalog number of a particular manufacturer or vendor, or a limited description, the term "OR EQUAL" if not written thereafter shall be implied. Any reference to a particular manufacturer's product either by trade name or limited description is only for purposes of setting a standard of performance, quality, composition, construction or size.

B. The term "OR EQUAL" means any other manufactured product or article which is equivalent in material, workmanship and service and is as efficient and economical in operation in the opinion of SEPTA.

C. The Proposer shall furnish the “OR EQUAL” documentation for SEPTA’s review.

D. SEPTA's opinion as to whether the proposed alternate is "EQUAL" to the specified items for

SEPTA's specified use and purposes shall be final and conclusive.

IP 9.10 Non-Collusion Requirement

A. In the event Proposer is deemed the lowest responsive, responsible Proposer for this project, and as part of the proposal signed herewith, Proposer hereby agrees to sign an Affidavit of Non-

Collusion in form acceptable to SEPTA prior to the award, if any, of the contractContract. A sample Affidavit of Non-Collusion is attached to the Contract as in Exhibit E.

IP 10. Project Schedule

Event Calendar Days From NTP

Delivery Shipment of First Pilot Cars 1,260 Days (42 Months)

Acceptance of First

Production Married Pair

1,530 Days

(51 Months)

Acceptance of 40th

Production Married Pair

1,890 Days

(63 Months)

Acceptance of 80th

Production Married Pair

2,280 Days

(76 Months)

Acceptance of Last

Production Married Pair

2,640 Days

(88 Months)

IP 11. Technical Proposal Format

A. Technical Proposals are toshall contain the following:

1. Part A – Proposal Cover Form: Proposer shall complete and submit the Proposal Cover Form that is provided in Exhibit E of the Contract.

2. Part B – Acknowledgment of Addenda: Proposer shall complete and submit the

Acknowledgement of Addenda Form that is provided in Exhibit E of the Contract.

3. Part C – Executive Summary: Proposer shall submit an Executive Summary providing an overview of the complete proposal. The Executive Summary shall be clear and concise and discuss how the Proposer intends to meet the requirements of this RFP.

4. Part D – Technical Proposal: Proposer shall submit a Technical Proposal which shall include all of the following:

• A statement from the Proposer that all technical specifications and technical requirements have been reviewed and that the Proposer's team is capable of and commits to performing all of them except as noted pursuant to Part E, below.

• A detailed Technical Approach which addresses and responds to all issues identified in IP

11.1 Technical Approach.

5. Part E -– Contract Terms and Conditions Exceptions: Proposer shall submit a statement of exceptions which the Proposer takes to any of the Contract and General Conditions.

3.6. Part F – Insurance and Security Instruments: Proposer shall submit letters from acceptable insurance companies and a sample irrevocable letter of credit from a qualified bank or banks, which satisfactorily establishes to SEPTA that such companies/banks will issue the necessary insurance policies and irrevocable letters of credit (form to be approved by SEPTA) as required in the Contract and General Conditions.

4.7. Part G – Lobbying Certification: Proposer shall complete and submit the Disclosure of

Lobbying Activities Form that is provided in Exhibit A of the Contract.

8. Part H – Certifications:

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a. Proposer shall complete and submit the Buy America Certificate that is provided in

Exhibit D of the Contract.

b. Proposer shall complete and submit the DBE Approval Certification that is provided in Exhibit D of the Contract.

c. Proposer shall submit a copy of their Certificate of Compliance with Immigration

Reform and Control Act of 1986, attached in Exhibit D of the Contract.

d. Proposer shall complete and submit the Certification Regarding Lobbying that is provided in Exhibit D of the Contract.

5.

B. Price Proposals shall contain the following:

1. Part I – Price Schedules: – Proposers shall complete and submit Exhibit I, Price Schedule, Exhibit II, Milestone and Progress Payment Schedule, and Exhibit III, Spare Parts Price

Schedule.

• All blank spaces shall be filled in and no changes shall be made in the wording of the forms.

• All prices shall be in U.S. dollars.

• For the Milestone and Progress Payment Schedule, the payment percentages provided will be for SEPTA consideration and finalized during the negotiation process.

• As part of the proposal, Contractor shall identify subsystems for which the LLRU cannot be identified on the car or cannot be exchanged on the car. For these items BTEs must be supplied and a separate price must be supplied for each subsystem BTE.

IP 11.1 Technical Approach

A. The Technical Proposal submitted shall comprise a technical description of the Silverliner VI Rail

Cars and their major subsystems and components. This proposal shall demonstrate that all the equipment integrates and satisfies the functional requirements in the Technical Specification. With the exception of material provided to support Alternative Technical Items if bound separately as allowed by IP 11.2, tThe proposal shall not exceed two 3 ½” binders of 8 ½ by 11 inches pages single sided (excluding illustrations or drawings). A limited number of 11 by 17 inch paper fold out drawings are permitted, with the exception of the drawings requested below. Color artwork or extensive drawings are not requested. Supplier promotional brochures are not to be included unless pertinent technical information is provided within them.

B. Note that the Technical Specification requires the Proposer to submit a complete Management Plan and Project Schedule for SEPTA review and approval after the Notice to Proceed (NTP) is issued.

The Proposal submittals for this Section are to be conceptual in nature, intended to demonstrate a general understanding of the requirements of the Technical Specification and demonstrate the

Proposer's ability to properly perform this Work.

C. Tabs are numbered to the corresponding section of the Technical Specification, where applicable.

Separate tabs in the Technical Proposal must be provided for the following:

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Tab 1 – Scope/Program Management/Manufacturing Approach

1.A. Provide a Program Organization Chart along with a description of the parties shown thereon and the authority of all key program personnel. Provide resumes for all key personnel listed, including appropriate subcontractor personnel.

2.A. Describe the design team organization showing the management structure, various disciplines, and the interface among the disciplines.

B.

A. Provide a Critical Path Schedule (CPM) with key milestones and events emphasized.

Include key events starting with the Design Review Program through Pilot and Production cars testing and acceptance. for all major phases and showing key contract management, design, manufacturing, assembly, testing, delivery and other CDRL milestones outlined in the RFP documents. Assume December 31, 2026March 1, 2027 as the start date for the Contract award and the NTP. Clearly identify the schedule’s critical path. Include in the proposed schedule any contingency time for unexpected delays and SEPTA’s review and approval time durations for

Conceptual Design Review, Preliminary Design Review, Final Design Review and First Article

Inspections. Provide a detailed schedule for the first six Vehicles and a summary schedule for the remaining Vehicles.

B. Identify the methods to be used to control program delays and cost overruns, including

Proposer’s demonstrated experience identifying and controlling risks and opportunities on past projects.

C. Describe the design responsibility of the Proposer and major subcontractors (by name), and how the design work will interface among these groups.

D. Supply a sample document used in the procurement of Supplier equipment and or services that states in detail the requirements of said Supplier in their responsibility to meet requirements found within the Technical specification such as materials and workmanship, provisions for manuals, training and multi-level drawing requirements.

E. Describe the approach for systems integration as required by the equipment being purchased, including the Proposer’s responsible party responsible for managing and assuring the integration of all systems into the total car design.

F. Identify the proposed location and staffing of the Proposer’s program management office, manufacturing plants and final assembly plant. Describe the activities to be performed at these locations, and how activities and management responsibilities will be coordinated among these facilities.

G. Describe the intended design interface between the Proposer’s team and SEPTA’s technical staff for the program management and design refinement process specified in Section 25 of the

Technical Specification.

H. Describe the plan and approach to be used by the Proposer for configuration management and safety certification of critical components, systems and subsystems, and the process to include technical

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Roman changes into pre-delivery production cars, retrofit of delivered cars and required changes to maintenance and parts catalogs.

I. Describe the quality assurance program stipulated in Section 22 of the Technical Specification, including approach, organization, sample procedures, sample documentation, and feedback mechanisms to ensure that problems are not repeated. Particular attention shall be paid to describing the Proposer’s quality control/quality assurance role at the final assembly site.

J. List all work at the carbody manufacturer, brake supplier, door control supplier and final assembly location which are expected to take place during the period of the Contract, the quantity of work and delivery dates for same. Describe the plant capacity for these locations and indicate the capacity available for this work including personnel.

K. Describe the group responsible for preparation of workflow plans, schedules procedures, quality control, material control, etc., at the final assembly location. If more than one party is being considered, provide information for each

L. Describe in detail the Proposers plans for staffing adequate personnel for on-site engineering, acceptance testing, warranty support, retrofits and stocking warranty spares at SEPTA.

M. Describe in detail the Proposer plans for ensuring that the cars comply with all laws and regulations including those of the 49 CFR 38 Subpart E – Commuter Rail Cars and Systems, and the requirements and recommended practices of the American Public Transportation Association.

Tab 2 – Design Approach

A. Describe the approach and measures to be taken to ensure that the car will comply with all laws and regulations including those of Pennsylvania, Federal Railroad Administration (FRA), and the requirements of the Code of Federal Regulations (CFR) and applicable American Public

Transportation Association (APTA) standards.

B. Describe the approach to be used for industrial design both in areas of human factors

(maintainability, operator areas, and passenger areas) and overall vehicle design.

C. Describe the vehicle general arrangement, both exterior and interior, doorway layout and how the design complies with the Technical Specification.

D. Describe how the Proposer will ensure that the vehicle design complies with the dimensional, operating and environmental conditions of Section 2 of the Technical Specification.

E. Describe approach and measures to be taken to improve energy efficiency and meet or exceed minimum requirements for equipment efficiency. Perform and submit energy consumption simulations and predictions as detailed in EN 50591.

F. Identify the car weight and the weight of its major components. Identify the target weight commitments to be conformed into TS 2.5Section 2 of the Technical Specification to serve as the basis for the design and imposition of liquidated damages. Provide supporting diagrams or tabulations showing that weight and load criteria targets provided are consistent with other proposed information.

G. Describe the approach to be used to maintain the total weight of the car within the target and rejection weight limits, including lateral and longitudinal imbalances, and minimum weight distribution from axle to axle. Identify the critical variables affecting weight which will be monitored throughout the design evolution of the car.

H. Describe the organizational approach to weight management for the vehicle design.

I. Provide a description of the proposed vehicle performance…