SNIDOT.STS-2026.27 RFP.FINAL.050426.pdf

SNI Department of Transportation Page 1 of 134 RFP STS Bus Service

Seneca Allegany Administration Building 90 Ohi:yo’ Way

Salamanca, NY 14779

Issue Date: June 2, 2026 Proposal Due Date:

August 3, 2026

Request for Proposals (RFP)

Seneca Transit System (STS) Bus Service

Seneca Nation of Indians Department of Transportation

Seneca Transit System (STS) Page 2 of 134

Table of Contents Public Notice Instructions to Respondents Protest Procedures General Information

Additional Terms and Conditions Material to be Submitted with Bid

Section A: Specifications I. Scope II. Contract Term III. Credentials IV. Definitions V. Technical Specifications VI. Operations and Procedures VII. Personnel Requirements VIII. Termination of Agreement IX. Insurance Requirements X. Fuel XI. Rates & Schedule Requirements XII. Financial and Reporting XIII. Past Performance XIV. Bid in Excess of Funding

Section B: Required Services and Cost Information Basis of Award Exhibits

B-1: Bus Route Schedule B-2: Bus Route Map B-3: Allegany Circulator Schedule B-4: Allegany Circulator Map B-5: Basis of Estimated Miles and Hours…………………………………………………………...52 B-6: Cost Pricing Form…………………………………………………………………………… 54

B-7: Proposal Evaluation Factors………………………………………………………………… 55 Appendix A: Bid/Proposal Performance of Contract with the Seneca Nation of Indians Appendix B: Waiver of Immunity Pursuant to Section 103a Appendix C: Certification of Bidder/Proposer Regarding Equal Employment Opportunity Appendix D: Iranian Energy Divestment Certification

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Appendix E: Lobbying Certification Appendix F: Debarment, Suspension, Ineligibility, or Voluntary Exclusion Certification Appendix G: Legal Status Information Appendix H: Non-Collusive Bidding and Ineligible Proposal Certification(s) Appendix I: Bid/Proposal Form Appendix J: Proposed Third-Party Lease and Service Agreement Appendix K: Proposed Third-Party Agreement Appendix L: Seneca Nation Business License Appendix M: Notification of Intent to Bid Form Appendix N: Request for Clarification Form Appendix O: Performance Measures Appendix P: FY 26 Certifications & Assurances Appendix Q: Seneca Nation Fuel Charge Process ………………………………………………… 133

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PUBLIC NOTICE

REQUEST FOR PROPOSALS (RFP)

SENECA NATION OF INDIANS

SENECA TRANSIT SYSTEM (STS) BUS SERVICE

Requests for Proposals are being solicited by the Seneca Nation of Indians (SNI), Department of Transportation (DOT), to retain a Third-Party Contract Operator of Fixed Route Deviation Seneca Transit System (STS) bus service. Seneca Transit System bus service is subject to New York State Department of Transportation (NYSDOT) Rules and Regulations Part 975 Statewide Mass Transportation Operating Assistance (STOA) Program. The Contractor will provide Inter-Territory and Intra-Territory Bus Service between Irving, Salamanca, and Steamburg, New York, and the environs of the Cattaraugus and Allegany Territories of the Seneca Nation of Indians and Cattaraugus and Erie Counties. The Contractor will provide Circulator Bus Service on the Allegany and Cattaraugus Territories as specified in the Request for Proposals.

The term of contract services sought under this procurement shall be from October 1, 2026, through September 30, 2027, with an option to renew for up to three (3) one (1) year extensions.

A Pre-Bid/Proposal Conference is scheduled for Tuesday, June 23, 2026, at 10:00am (EST) in the Second (2) Floor Conference Room of the Seneca Allegany Administration Building, 90 Ohi:yo’ Way, Salamanca, NY 14779. Additionally, the pre-proposal conference will be available via TEAMs. Link provided below.

Pre-Bid/ Proposal Conference Meeting https://teams.microsoft.com/meet/28361432165047?p=aUHSdsMVaf64omncK6

Meeting ID: 283 614 321 650 47 Passcode: QG2NC7yH

Dial in by phone

+1 929-352-2272,,811635237# United States, New York City Phone conference ID: 811 635 237#

Bid/proposals will be accepted until Monday, August 3, 2026, no later than 2:00 p.m. (EST) at the offices of the Seneca Nation of Indians Department of Transportation, Seneca Allegany Administration Building, 90 Ohi:yo’ Way, P.O. Box 231, Salamanca, New York 14779. Bid/proposals must be submitted on the provided Bid/Proposal Form. All bid/proposals must be sealed and clearly marked in accordance with the requirements of the Instructions to bidders/proposers.

ATTENTION: SENECA NATION OF INDIANS

DEPARTMENT OF TRANSPORTATION

SENECA TRANSIT SYSTEM (STS) BUS SERVICE RFP

TAMMY JIMERSON, TRANSIT ADMINISTRATOR

Instruction documents are on file at the Seneca Nation Department of Transportation Office, where copies and clarifications of the proposal documents may be requested in writing (email, fax or hard copy):

https://teams.microsoft.com/meet/28361432165047?p=aUHSdsMVaf64omncK6 tel:+19293522272,,811635237

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Tammy Jimerson Transit Administrator Department of Transportation Seneca Allegany Administration Bldg.

90 Ohi:yo’ Way P.O. Box 231

P: 716-945-1790 F: 716-945-8113 E: tammy.jimerson@sni.org

All responses to the RFP must include executed copies of the required Certification and Bid/Proposal Forms. Any responses not containing these items, or any submissions that are not postmarked by the U.

S. Post Office or received at the time and place designated in this RFP will not be considered.

An executed Non-Collusive Bidding Certification shall accompany each proposal. Failure to provide this certification will result in not having the bid/proposal read. No Respondent may withdraw their bid/proposal for a period of forty-five (45) days after opening.

The contract award will be made by the Seneca Nation after consideration of Proposal/Bid Evaluation Factors, as listed in the Request for Bid/Proposal Document.

Questions concerning the Request for Proposal Specifications and Requests for Clarification are required by Tuesday, June 30, 2026, no later than 4:00 pm (EST). Only questions and requests received in writing (email, fax or mail hard copy) on the provided Request for Clarifications Form and addressed to the contact below will be considered.

Tammy Jimerson Transit Administrator Department of Transportation Seneca Allegany Administration Bldg.

90 Ohi:yo’ Way

E: tammy.jimerson@sni.org.

The SNI DOT will attempt to respond to Requests for Clarification by Friday July 17, 2026. Only requests submitted on the form provided and received by the time and date listed above will be addressed. All responses to requests shall be in writing (email or fax or mail hard copy) and shall be delivered to all respondents. If necessary, the SNI DOT will issue addenda(s) to modify conditions or requirements of this RFP to bidder/proposer no later than Friday, July 24, 2026.

Prospective bidders/proposers are advised that the services provided under any contract arising from this procurement may be financed, in part, by grants provided by the Federal Transit Administration (FTA) and New York State Department of Transportation (NYSDOT) and the contract award is subject to the approval and availability of grant funding. In the event of withdrawal or reduction of said grant funds, a reduction or termination of the services requested pursuant to this RFP may be required.

Required Federal Transit Administration and New York State Contract Clauses and Certifications are included in the RFP Documents. All applicable laws, rules, and regulations shall apply to the contract awardee, and to be executed by the successful bidder/proposer. Contract award related to this Request for Proposal is subject to review and approval by NYSDOT.

mailto:sharon.ray@sni.org

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With respect to any agreement by the successful bidder/proposer in response to this Request for Proposal, the Seneca Nation does NOT waive its sovereign immunity, and nothing contained herein shall be construed as a waiver of the sovereign immunity of the Seneca Nation.

All potential respondents are notified that disadvantaged and women-owned enterprises are encouraged to submit responses to this request. The Seneca Nation will ensure that respondents to this request, will not be discriminated against based on sex, race, color, creed or national origin in consideration of an award.

The Seneca Nation reserves the right to reject any or all bids/proposals, to waive any informality, and to withdraw this solicitation at any time. The Seneca Nation is an equal opportunity employer.

INSTRUCTIONS TO RESPONDENTS

SENECA TRANSIT SYSTEM (STS) BUS SERVICE PROPOSAL

1. BID/PROPOSAL FORM

Bid/proposals shall be submitted in accordance with Section B appended to these Request for Proposal Specifications or the bid/proposal will not be considered. Bid/Proposals must be typed or printed in ink.

Original autograph signatures in ink are required. Two (2) originals of bid/proposal and appendices shall be provided. Facsimile or rubber stamp signatures will not be accepted. All blanks must be filled in with the required information. If a bidder/proposer does not desire to submit a bid/proposal on a specific item for which a bid/proposal is requested, the designation “N/B” or “No Bid” must be entered.

2. CHANGES

Any change in wording or interlineations by a bidder/proposer of the inquiry as published by Seneca Nation shall be reason to reject the bid/proposal of such bidder/proposer, or in the event that such change in the Request for Proposals is not discovered prior to entering into a contract, to void any contract entered into pursuant to such bid/proposal.

3. INFORMALITIES

The Seneca Nation may consider any bid/proposal not prepared and submitted in accordance with the provisions hereof to be informal and may waive any informalities or reject any and all bids/proposals.

The contract award will be made by the Seneca Nation after consideration of Proposal Evaluation Factors.

Conditional bids/proposals will not be accepted.

4. BID/PROPOSAL TIME

Any bid/proposal may be withdrawn prior to the above scheduled time for the opening of bids/proposals, or authorized postponement thereof. Any bid/proposal received after the time specified will not be considered. It is the sole responsibility of the bidder/proposer to ensure delivery of their bid/proposal to the Seneca Nation Department of Transportation at the time and place specified herein, and the Seneca Nation Department of Transportation shall have no liability or responsibility, therefore.

5. INVESTIGATIONS

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The Seneca Nation may make such investigations as it deems necessary to determine the ability of the proposer to perform the work, and the bidder/proposer shall furnish to the Seneca Nation all such information and data for this purpose as the Seneca Nation may request. The Seneca Nation reserves the right to reject any bid/proposal if the evidence submitted by, or investigation of, such bidder/proposer fails to satisfy the Seneca Nation that such bidder/proposer is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

6. BIDDER/PROPOSAL ENVELOPE

Each bid/proposal must be submitted in a sealed envelope clearly marked as to the contents therein, bearing on the outside the name and address of the bidder/proposer and clearly marked as “Seneca Nation of Indians Department of Transportation, Seneca Transit System (STS) Bus Service Bid/Proposal, Attn:

Tammy Jimerson, Transit Administrator,” and the time and date of the opening should also be visible. If sent by mail, the sealed envelope containing the proposal must be enclosed in another envelope labeled as specified.

7. NON-COLLUSIVE CERTIFICATION

A Non-Collusive Bidding Certification shall be made by each bidder/proposer in the form provided and shall be submitted as part of the bid/proposal. Bid/proposals submitted without Non-Collusive Bidding Certifications will be considered irregular and may be rejected by the Seneca Nation. The required certification is included in Appendix H.

8. CONTRACT AWARD

The contract award will be made by the Seneca Nation after consideration of Proposal Evaluation Factors.

9. EXECUTORY CLAUSE

This Executory Clause shall be part of any agreement entered into pursuant to this RFP:

“It is understood by all parties that in accordance with the provisions and specifications of this Request for Proposal, the Bid/Proposal Specifications that are a part of this agreement shall be deemed to be executory only to the extent of the monies available to the Seneca Nation and appropriated therefore, and no liability on account thereof shall be incurred by the Seneca Nation beyond the monies available and appropriated for the purpose thereof.”

10. DELIVERY SCHEDULE

Failure to meet the delivery schedule for the services as per the accepted bid/proposal may result in legal action by the Seneca Nation to recover damages. Without limiting the foregoing, and in addition to other remedies available, in the event that the contractor fails to perform in accordance with the terms of this RFP and/or the contract awarded, the Seneca Nation may secure a substitute service provider, and deduct the cost thereof from any sums then or thereafter due to the contractor from a contract for these services or any other contract between the contractor and the Seneca Nation.

11. TAXES

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No taxes are to be billed to the Seneca Nation. Bid/proposals shall not include any Federal, State or local excise, sales, transportation, or other tax unless Federal or State law specifically levies such tax on purchases made by a political subdivision.

12. COMPLIANCE WITH LAWS

The successful bidder/proposer shall comply with all laws, rules, regulations and ordinances of the Seneca Nation, the Federal Government, the State of New York and any other political subdivision or regulatory body which may apply to its performance under said contract.

13. SENECA NATION LAWS, ORDINANCES AND REGULATIONS

To the extent the Seneca Nation has adopted or enacted laws, ordinances, policies or regulations that may be applicable, the Seneca Nation will work with the contractor to identify and to provide guidance as to compliance with such applicable Seneca Nation laws, ordinances, policies and/or regulations.

Business License The Contractor, including any subcontracted work, in performance of the agreement is subject to the regulations and requirements of the Seneca Nation Business Code. The Contractor agrees to perform all of its obligations under this agreement in accordance with the provisions of the Seneca Nation Business Code as provided in Appendix L

14. NONDISCRIMINATION IN EMPLOYMENT

In connection with execution of this contract, the contractor will not discriminate against any applicant for employment because of age, race, color, religion, sex or national origin. The contractor shall practice affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to age, race, color, religion, sex or national origin. Such actions shall include, but not be limited to, recruiting and related advertising, layoff or termination, upgrading, demotion, transfer, rates of pay and compensation, and selection for training, including apprenticeship.

The contractor will post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

15. CONTRACT ASSIGNMENTS

The bidder/proposer shall not assign, transfer, sublet, or otherwise dispose of this contract, or of its right, title, interest or obligations in and under this contract, or its power to execute the same, to any other person or corporation without the previous written consent of the President of the Seneca Nation, which consent may be withheld for any reason.

16. ALTERNATE ITEMS

If services other than those specified in this RFP document are offered, the bidder/proposer must so state and furnish at the time of the RFP opening, if so requested, and as part of their bid/proposal, a complete description of the service offered, and a detailed explanation of the differences between the service specified and the service offered. If in the opinion of the Seneca Nation, sufficient detail is not presented as part of the sealed proposal to permit definite evaluation of any substitute service, the bid/proposal will not be considered.

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17. ADDITIONAL INFORMATION

Any additional information which a bidder/proposer desires to add to the proposal shall be written on a separate sheet of paper, attached to, and submitted with the formal sealed bid/proposal, to be read at the formal RFP Opening.

18. HOLD HARMLESS

The successful bidder/proposer to whom the contract is awarded shall indemnify and hold harmless Seneca Nation and its agents and employees from and against all claims, damages, losses or causes of action arising out of, or resulting from, such contractor performance pursuant to this RFP.

19. BID/PROPOSAL VALIDITY

The bid/proposal is firm and irrevocable for a period of forty-five (45) days from the date and time of the bid/proposal opening. If a contract is not awarded within the forty-five (45) day period, then a bidder/proposer, to whom the bid/proposal has not been awarded, may withdraw bid/proposal by serving written notice of his intention to do so upon the President of the Seneca Nation.

20. CONTRACT INTEREST

No official or employee of the Seneca Nation, who is authorized in such capacity, and on behalf of the Seneca Nation, to negotiate, make, accept or approve or to take part in negotiating, making, accepting, or approving a contract to be awarded in connection with this RFP shall become directly or indirectly interested personally in such contract or in any part thereof. No officer or employee of, or for the Seneca Nation, who is authorized in such capacity, and on behalf of the Seneca Nation, to exercise any supervisory, administrative, or other function, in connection with a contract to be awarded in connection with this RFP, shall become directly or indirectly interested personally in such contract or in any part thereof.

21. STANDARDS OF CONDUCT

The Common Grant Rules require each recipient to maintain written standards of conduct governing the performance of its employees that are engaged in or otherwise involved in the award or administration of third-party contracts.

a. Personal Conflicts of Interest. As provided in the Common Grant Rules and in the Federal Transit Administration (FTA) Master Agreement, no employee, officer, agent, or board member, or his or her immediate family member, partner, or organization that employs or is about to employ any of the foregoing individuals may participate in the selection, award, or administration of a contract supported with FTA assistance if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of those individuals previously listed has a financial or other interest in the firm selected for award.

b. Gifts. The recipient’s officers, employees, agents, or board members may neither solicit nor accept gifts, gratuities, favors, or anything of monetary value from contractors, potential

Seneca Transit System (STS) Page 10 of 134 contractors, or parties to subcontracts. The recipient may set minimum rules when the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value.

c. Violations. To the extent permitted by the Seneca Nation, Federal, State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary action for violation of such standards by the recipient’s officers, employees, agents, board members, or by contractors, subcontractors, or sub-recipients or their agents.

22. PRICE IS FIRM

The unit prices shall remain firm, and any other charges bid/proposal shall also remain firm, for delivery of the services described in this RFP. Except as specifically stated in these RFP specifications, no cost increase shall be charged for any reason whatsoever.

23. SINGLE PROPOSAL/TOO FEW PROPOSALS

In the event that only one bid/proposal, or if in the sole opinion of the Seneca Nation too few bid/proposals are received to ensure a reasonable price, the Seneca Nation may request from the bidder/proposer a price or cost analysis in such detail as to permit the Seneca Nation to determine and ensure a reasonable price has been received. As result of this submission, the Seneca Nation will make the award by negotiation or reject all bid/proposal(s).

24. IRANIAN ENERGY SECTOR DIVESTMENT:

1. Bidder/proposer hereby represents that said Bidder/Proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said bidder/proposer has not:

a. Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

b. Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any bidder/proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder/proposer pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every bidder/proposer submitting a bid/proposal in response to this Request for Proposal must certify and affirm the following under penalties of perjury:

a. “By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposal certifies, and in the case of a joint bid/proposal, each party

Seneca Transit System (STS) Page 11 of 134 thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder/proposer is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

The Seneca Nation will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any bid/proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the bidder/proposer cannot make the certification as set forth in subdivision (a) above, the bidder/proposer shall state and shall furnish with the bid/proposal a signed statement setting forth in detail the reasons therefore. The Seneca Nation reserves its rights, in accordance with General Municipal Law Section 103-g to award the bid/proposal to any bidder/proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

a. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the bidder/proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

b. The Seneca Nation has determined that the goods or services are necessary for the Seneca Nation to perform its functions and that, absent such an exemption, the Seneca Nation would be unable to obtain the goods or services for which the bid/proposal is offered. Such determination shall be made by the Nation in writing and shall be a public document.

c. The “Iranian Energy Sector Divestment” form which the proposer must complete to certify compliance with this provision is included in Appendix D of the RFP.

25. SOVEREIGN IMMUNITY

With respect to any agreement entered by the successful bidder/proposer in response to this Request for Proposals, the Seneca Nation does not waive its sovereign immunity, and nothing contained herein shall be construed as waiving the sovereign immunity of the Seneca Nation.

26. CIVIL RIGHTS

Contracting with Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms: In accordance with Executive Order No. 12432, as implemented by 49 C.F.R. § 18.36(e), the Seneca Nation agrees to take all necessary affirmative steps to assure that small and minority firms, women’s business enterprises, and labor surplus area firms are given the same opportunity to participate as majority firms

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PROTEST PROCEDURES

The following protest procedures have been written in compliance with the Federal Transit Administration (FTA) Third-Party Contracting Requirements (Circular 4220.1E). Parties that wish to file a bid/proposal protest should review these procedures in conjunction with FTA’s Circular 4220.1E. These procedures also address complaints or appeals regarding the funding of unsolicited bid/proposal and other protests unrelated to the solicitation process and contract award decisions. ESPA’s protest procedures will be referenced in the Application Guidance so all interested parties shall know their rights under these protest procedures.

I. PROTESTS PERTAINING TO THE CONTRACT SOLICITATION PROCESS OR

CONTRACT AWARD DECISION

The following procedures and time requirements shall be applied uniformly in processing all protests.

Protests may be made by active or prospective bidders whose direct economic interest would be affected by a solicitation, proposed award, or award of a contract. Protests must be submitted in writing to:

Department of Transportation Seneca Allegany Administration Bldg.

90 Ohi:yo’ Way

Salamanca, New York 14779

The Seneca Nation will consider all written protests made within the timelines stated in this policy. Any protest not set forth in writing within the time limits specified in these procedures is null and void and shall not be considered. Protest submissions should be concise, logically arranged, clearly state the grounds for the protest, and must include at least the following information:

1. Name, address, and telephone number of protestor.

2. Solicitation or contract name and/or number.

3. A detailed statement of the legal and factual grounds for the protest, including copies of all relevant documents or information.

4. A statement of relief requested.

Only written protests received within the timelines stated in these procedures will be considered. Upon receipt of a protest, the Seneca Nation will notify the protestor that the protest has been received by mail within five (5) working days. The Seneca Nation may request additional information from the protesting party, which must be submitted in writing to the Seneca Nation within five (5) working days from the date of the Seneca Nation’ request.

Within twenty (20) working days of receipt of a written protest, the Seneca Nation shall either:

1. Issue a final written decision which responds in detail to each issue raised in the protest and includes a rationale for the decision rendered, or

2. Conduct, at the Seneca Nations’ discretion, an informal hearing to allow the interested participating party(s) an opportunity to present their positions and supporting facts, documents, justification, and technical information. The Seneca Nation will advise all interested party(s) of mailto:tammy.jimerson@sni.org

Seneca Transit System (STS) Page 13 of 134 the final decision in writing no later than five (5) working days from the date of the informal hearing.

The Seneca Nations’ decision shall be final. A request to reconsider such decision will only be allowed if relevant data becomes available that was not previously known or if there has been an error of law or regulation. Such a request for reconsideration must be made within five (5) working days after notification of the Seneca Nations’ final decision.

Protests Before Proposal Solicitation Bid/proposal protests alleging restrictive specifications or improprieties, which are apparent prior to bid/proposal opening, must be submitted in writing to the Seneca Nation and must be received at least five

(5) working days prior to bid/proposal opening. Bid/proposal will not be opened until five (5) working days after resolution of the protest unless the Seneca Nation determines that:

1. The items to be procured are urgently required;

2. Delivery or performance will be unduly delayed by failure to make award promptly; or

3. Failure to make award will otherwise cause undue harm to the Seneca Nation.

If the written protest is not received by the time specified, bids/proposals may be received, opened, and awarded in the normal manner unless the Seneca Nation determines that it is in the best interest of all concerned to delay any step.

Protests After Opening of Bid/Proposal Solicitation and Prior to Award Protests against the making of an award may be made after bid/proposal opening and prior to award. Such protests must be submitted in writing to the Seneca Nation and must be received by the Seneca Nation within five (5) working days of the bid/proposal opening. If the Seneca Nation decides to withhold the award pending resolution of the protest, the Seneca Nation will notify all bidders/proposers whose bids/proposals might become eligible for award and offer them the option to extend or withdraw their bid/proposal beyond the specified bid/proposal validity period. Awards will not be made until at least five

(5) working days after resolution of the protest unless the Seneca Nation determines that:

1. The items to be procured are urgently required;

Protests After Award Protests received after announcement of an award or after a contract has been executed will only be considered if the Seneca Nation determines that the matter is in the public interest or the protest presents clear and convincing evidence of fraud, misrepresentation, other illegality, or gross impropriety in the selection of a bid/proposal. If a protest is under consideration, the Seneca Nation shall evaluate the bid/proposal at issue a second time in its entirety and use the same proposal and rating factors applied in the initial review of the bid/proposal.

The bid/proposal will be evaluated by a panel consisting of members designated by the Seneca Nation. If a protest involving an executed contract is under consideration, the Seneca Nation will notify the selected contractor of the protest and its basis and may, at its discretion, order the contractor to suspend all Seneca Nation work activities. If the awarded contractor has not executed the contract as of the date the protest is received by the Seneca Nation, the contract will not be executed until five (5) working days after resolution of the protest unless the Seneca Nation determines that:

1. The items to be procured are urgently required;

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II. APPEALS TO FEDERAL TRANSIT ADMINISTRATION

A protestor may file an appeal with FTA under certain limited circumstances, after the Seneca Nation has rendered a decision on a bid/proposal protest. FTA’s review of any protest will be limited to an alleged failure by the Seneca Nation to have written protest procedures or alleged failure by the Seneca Nation to follow such procedures. A protestor desiring to do so shall file its protest with FTA not later than five (5) days after the final decision of the Seneca Nation is rendered under the Seneca Nation protest procedure.

In instances where the protestor alleges that the Seneca Nation failed to make a final determination on the protest, the protestor shall file a complaint with FTA no later than five (5) days after the protestor knew or should have known of the Seneca Nations’ failure to render a final determination on the protest.

Protests to FTA should be filed with the appropriate FTA Regional Office with a concurrent copy to the Seneca Nation. The protest filed with FTA shall be filed in accordance with FTA Circular 4220.1E, include the name and address of the protestor, identify the Seneca Nation solicitation or contract name and/or number, contain a statement of the grounds for the protest and any supporting documentation, and include a copy of the local protest filed with the Seneca Nation and a copy of the Seneca Nations’ decision, if any.

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GENERAL INFORMATION

Response Submission All responses are to be mailed or delivered in a sealed envelope clearly marked as to the contents therein, bearing on the outside the name and address of the bidder/proposer and clearly marked as “Seneca Nation of Indians Department of Transportation, Seneca Transit System (STS) Bus Service Proposal,” Attn: Tammy Jimerson, Transit Administrator, 90 Ohi: yo’ Way, PO Box 231, Salamanca, New York 14779. The Time: 2:00 p.m. and Date: August 3, 2026, of opening should also be visible.

Delay in mail delivery is not an exception; allowance for time of arrival should be made.

Pre-Proposal Conference A pre-proposal conference is scheduled for Tuesday, June 23, 2026, at 10:00 am (EST) in the Second Floor Conference Room of the Seneca Allegany Administration Building, 90 Ohi: yo’ Way, Salamanca, NY 14779. Additionally, the pre-proposal conference will be available via a Zoom conference, concurrently. We will communicate the proper media participation credentials before the Zoom conference.

Discrepancies or Omissions/Questions or Clarifications If the Proposer should find any discrepancies or omissions in the specifications, or if the Proposer should have questions or require clarification concerning the specifications, the Proposer shall notify the contact person cited below by Tuesday, June 30, 2026, no later than 4:00 pm (EST).

Tammy Jimerson, Transit Administrator Department of Transportation, Seneca Nation of Indians, in writing at the following address by Tuesday, June 30, 2026.

Only questions and requests in writing (email, fax or hard copy) on the provided Request for Clarifications Form addressed to the contact below will be considered.

Department of Transportation Seneca Allegany Administration Bldg.

90 Ohi: yo’ Way

The SNI DOT will attempt to respond to Requests for Clarifications by Friday, July 17, 2026. Only requests submitted on the form provided received by the time and date listed above will be addressed.

All responses, written instructions, clarifications and/or answers, as applicable, shall be in writing (email or fax) to all Proposers. Additionally, we will post all requests for clarifications and responses to www.sni.org. Neither the Seneca Nation of Indians, nor the Transit Administrator will be responsible for any oral instructions or interpretations of the meaning of the specifications or other contract documents to any bidder/proposer by any other person or persons. If necessary, the SNI DOT will issue addenda to modify conditions or requirements of this RFP to recipients no later than Friday, July 24, 2026.

http://www.sni.org/

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Forms All responses are to be made out on the Proposal Forms attached hereto. All certificates must be completed, signed and in compliance with the provisions of the General Municipal Law, and applicable United States Government, New York State and Seneca Nation of Indians Laws.

Contract Award As specified in Section B, the contract award will be made by the Seneca Nation after consideration of Proposal Evaluation Factors.

The Seneca Nation reserves the right to reject any or all bid/proposals, any part of the bid/proposal, any supplies or contractual services connected thereto, when deemed by the Seneca Nation to be in the best interest of the public.

Upon acceptance of any bid/proposal, the successful bidder/proposer will, and by submitting a proposal agrees to, execute a contract in accordance with these specifications and such other provisions as are normal and customary in agreements to provide services to the Seneca Nation and as may be required by the Seneca Nation of Indians, the State of New York, and the United States Department of Transportation.

Such contract will include the specifications contained herein together with such other provisions as are normal and customary in agreements to provide services to a public jurisdiction. It is specifically understood that every provision of the specifications contained herein will be deemed to be incorporated into the contract. Notwithstanding the foregoing, in the event that the successful bidder/proposer does not execute such a contract, this document shall be deemed to be the contract between the successful bidder/proposer and the Seneca Nation of Indians, and the successful bidder/proposer execution and submission of the Bid/Proposal Forms shall be deemed to be the execution of such contract, and such contract shall be subject to the privacy of protected health care information as described in the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

Responsible Contractor A responsible contractor is a public transportation service provider who has demonstrated judgment and integrity, is of good reputation, experienced in his work, whose record of past performance in the trade is established as satisfactory and whose financial status is such that it provides no risk to the Seneca Nation in its contractual relations. The successful bidder/proposer will allow the Seneca Nation or its designee to inspect the proposer’s facilities to verify the bidder/proposer’s capacity to complete the contract.

Firm Bids/Proposals:

No bid/proposal may be withdrawn within forty-five (45) days after the actual date of the RFP opening.

This is in accordance with New York State General Municipal Law §105.

Copies of Bid/Proposals Bidder/proposer who requests copies of the bid/proposal quotations must do so in writing, enclosing a stamped self-addressed envelope for reply.

ADDITIONAL TERMS AND CONDITIONS

Routes Proposals are requested to operate fixed-route, route deviation service. The bus routes along which the bus service currently travels, the present stops that are required along that route, and the hours during which the bus service is presently required to operate is as set forth in Section B. However, the routes and the stops may be altered at any time and routes may be added and/or discontinued as well as changes

Seneca Transit System (STS) Page 17 of 134 to stop locations when in the view of the Seneca Nation it is in the Nation’s best interest to do so. It is specifically the intent of the Seneca Nation that the bus service be continuous along the route during the hours of operation.

Verbal Alterations to Specifications These specifications are complete and shall be considered the entire description of the goods or services upon which the Seneca Nation of Indians is seeking proposals in connection with this RFP. Only formal written addenda can materially alter this set of RFP Specifications. No verbal statement made by a Seneca Nation of Indians employee, any agent acting on behalf of the Seneca Nation of Indians or any other person is binding, nor shall such statement be considered an official part of this RFP.

Ownership and Inspection of Files and Records All files and/or records containing information gathered or generated in connection with the subject of this RFP and/or related to it are, and shall always be, the property of the Seneca Nation Indians. The Seneca Nation will have the right to inspect such files and records at any time or times and to make copies or abstracts thereof. In addition, such files and records shall be subject to audit and inspection by departments of the State of New York and/or the Federal government having appropriate jurisdiction. On a reasonable request from the Seneca Nation, the contractor will make copies of specified portions of such files and records and deliver those copies to the Seneca Nation. Upon the expiration of the term of the contract, if the Seneca Nation so chooses, all such files and records shall be retained by the contractor until instructed by the Seneca Nation otherwise, delivered to the Seneca Nation, or destroyed in accordance with the Seneca Nation’s instructions.

Insurance Due Dates Insurance requirements are as set out in this RFP. Any certificates of insurance or other forms of security required by this bid/proposal are to be submitted to the Seneca Nation no later than ten (10) normal business days following the date of notification of award (documents must be received by the close of business, 5:00 p.m. on that day).

Submittal of Formal Proposal The formal Proposal must be submitted on the original form.

Operating Authority Private bus companies need to obtain operating authority from NYSDOT and a Seneca Nation Business License. Information about operating authority and applications may be obtained by calling the NYSDOT Registration and Permitting Bureau at (518) 485-2448.

Bus Inspection Buses operated by a third-party must be inspected by NYSDOT. It is the responsibility of the Operator to complete all necessary inspections. Inspections are scheduled and conducted through one of NYSDOT’s Regional Offices. The Operator shall notify the Seneca Nation in advance of vehicle inspections and provide copies of all updated records.

System Safety Plan NYSDOT rules and regulations require operators receiving STOA to submit a system safety plan for approval within 180 days of service commencement. Contact the NYSDOT Motor Carrier Safety Bureau at (518) 485-2448 for further information. The Operator shall provide a copy of all approved plans and programs to the Seneca Nation.

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Accessible Service The Americans with Disabilities Act (ADA) requires fixed route public transportation systems to be accessible to individuals with disabilities, provide complementary paratransit to individuals with disabilities that are 3/4 of a mile from the fixed route and unable to reach the fixed routes stops, and accommodate passenger needs through alternative schedule formats and stop announcements. The paratransit requirement can also be met by deviating 3/4 of a mile with the fixed route vehicle to pick up any passenger requesting service. This is known as route deviation service. A passenger requesting route deviation service must call for the reservation by the end of regular business hours two days before the ride is needed.

The regulations can be found in 49 CFR Parts 27, 37, & 38 and are available at the Federal Transit Administration's (FTA) web site www.fta.dot.gov

Drug and Alcohol Testing Program FTA Certifications & Assurances also require operators to have a drug and alcohol testing program in place as required by the Code of Federal Regulations, 49 CFR Parts 40, 653 & 654. The drug and alcohol regulations are also available on FTA's web site at www.fta.dot.gov. The Operator shall provide a copy of all approved programs and plans to the Seneca Nation.

Federally Required Clauses and Standard Clauses for New York State Contracts A respondent to this Request for Proposals that is awarded the contract to provide STS transit services is required to sign a third-party contract detailing the terms and conditions of the contract and the transit services that will be provided pursuant to the agreement. The respondent to this Request for Proposals that is awarded the contract to provide STS transit services is required to sign a lease and service agreement to lease vehicles owned by the Seneca Nation that will be used in the provision of STS transit services under this contract. The third-party contracts for the operation of transit services and the lease and service agreement shall incorporate Federally Required Contract Clauses and Standard Clauses for New York State Contracts by reference. For reference, the Federally Required Contract Clauses and the Standard Clauses for New York State Contracts are included in Appendix K, the sample third-party agreement, of this contract document. The Federally Required Contract Clauses and the Standard Clauses for New York State Contracts will be included in the third-party agreement and the lease and service agreements that will be signed by the contractor and the Seneca Nation.

http://www.fta.dot.gov/ http://www.fta.dot.gov/

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MATERIAL TO BE SUBMITTED

Except as otherwise noted below, ALL PROPOSALS SUBMITTED MUST INCLUDE THE

FOLLOWING:

1. Bid/Proposal Performance of Contract with Seneca Nation of Indians (Appendix A).

2. Waiver of Immunity (Appendix B)

3. Certification of bidder/proposer regarding Equal Employment Opportunity (Appendix C)

4. Iranian Energy Divestment Certification (Appendix D)

5. Lobbying Certification (Appendix E)

6. Debarment Suspension, Ineligibility or Voluntary Exclusion Certification (Appendix F)

7. Legal Status Information (Appendix G).

8. Non-Collusive Bidding/Ineligible Proposal Certification (Appendix H).

9. Bid/Proposal Form (Appendix I).

10. Name and contact information for a person at a bank who can verify the bidder/Proposer’s financial stability. (Section A)

11. Provide three (3) references from previous or current contracts, whereby the Respondent has provided or is providing similar fixed-route, route deviation, bus services, to the services requested in this Request for Proposal document, to a municipal organization. (Section A)

12. FCC Radio License Number(s). (Section A). To be submitted by the successful bidder/proposer not later than ten (10) days prior to the commencement of the Transportation Services.

13. List of certified drivers. (Section A) To be submitted by the successful bidder/proposer not later than ten

(10) days prior to the commencement of the Transportation Services.

14. Certificate of Insurance (Section A). To be submitted by the successful bidder/proposer within ten (10) business days following the date of notification of award.

15. Information in response to Evaluation Factors. The bidder/proposer to this Request for Proposal is requested to provide information that will demonstrate the firm’s capabilities and responsiveness to the listed Proposal Evaluation Factors by which proposals will be evaluated. Information submitted shall be limited to 20 pages.

16. Certifications and Assurances – As a recipient of Federal Transit Administration funding, the Seneca

Nation is subject to compliance with the terms and conditions of Federal Fiscal Year 2026 Federal Transit Administration Certifications and Assurances. If a third-party contractor to the recipient of FTA funding is the transit operator, a separate Third-Party Agreement between the contractor and the municipality is required to pass federal funds to a third-party contractor. Federal regulations also require a recipient and contractor to sign applicable Federal Certifications and Assurances, Third-Party Lease and Service Agreement for capital equipment, Section 5333(b) Labor Documentation & Warranty, and Title VI/Disadvantaged Business Enterprise Assurance. The FTA FFY 2026 Certifications and Assurances are provided in Appendix P.

Sharon Ray Are these to be changed?

updated

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17. List of Backup Vehicles. (Section A). The respondent’s proposal shall provide a list of backup vehicles that will be used to provide scheduled STS service if SNI-owned vehicles are not available for service due to routine maintenance, inspection, or repairs. The List of Backup Vehicles is a Proposal Evaluation Factor.

SPECIFICATIONS SECTION A

Seneca Transit System (STS) Page 21 of 134 RFP STS Bus Service

SECTION A

BID/PROPOSAL SPECIFICATIONS

DURING THE PERIOD FROM OCTOBER 1, 2026, THROUGH SEPTEMBER 30, 2027

I. SCOPE

A. The Seneca Nation of Indians (“Seneca Nation” or “Nation”), a Sovereign Nation, requires third-party contract operated vehicles to operate fixed route with route deviation public transportation bus service, as described below, as a “sponsored” bus operation subject to New York State Department of Transportation Rules and Regulations Part 975 Statewide Mass Transportation Operating Assistance (STOA) Program. The bus service will operate between Irving, Salamanca, and Steamburg New York, and the environs of the Cattaraugus and Allegany Territories of the Seneca Nation of Indians and Cattaraugus County, on the days and during the hours shown on Section B.

The route and stops are set forth on Section B. The contractor will be required to use fuel provided by the Seneca Nation of Indians at Seneca Nation Enterprise locations on Seneca Nation Territories for the operation of the bus route. Hourly rates sought under this proposal should not include a cost for fuel. As currently operated, the route requires one (1) vehicle for each round trip, as specified below, but is subject to change based on the route needs, corrections or modifications.

B. It is to be specifically noted that the route and the stops may be altered at any time, and routes may be added and/or discontinued as well as changes to stop locations when in the view of the Seneca Nation it is in the Nation’s best interest to do so in order to meet the evolving needs of the current and projected future passengers.

C. Service will be “curb to curb.”

D. It is intended that ridership on the vehicles will include the public.

E. Fares will be paid by the passengers by means of passes or other collectable items issued by individual departments or agencies of the Seneca Nation or other municipalities or institutions, with which, the Seneca Nation consummates an agreement for carriage of associated riders on the public transportation service operated by the Nation.

F. The Seneca Nation will determine the fare schedule. The Nation at its sole discretion may alter this fare schedule. Cash fares collected by the third-party contract operator of the service are collected for the purpose of contributing towards the cost of…