Transit_Bus_and_Shelter_Advertising_Services_(Addendum_#6_Revision).pdf

REQUEST FOR PROPOSAL

082-2026

TRANSIT BUS AND SHELTER ADVERTISING SERVICES

Southwest Ohio Regional Transit Authority

525 Vine Street

Cincinnati, OH 45202

RELEASE DATE: June 2, 2026

DEADLINE FOR QUESTIONS: June 12, 2026

RESPONSE DEADLINE: July 6, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/go-metro https://secure.procurenow.com/portal/%7bproject.government.code%7d

Southwest Ohio Regional Transit Authority

REQUEST FOR PROPOSAL

Transit Bus and Shelter Advertising Services

I. Introduction

II. Scope of Work

III. Instructions to Bidders

IV. Terms and Conditions

V. MetroMAX Small Business Participation Plan

VI. Contract Award

VII. Vendor Questionnaire

VIII. Evaluation Criteria

IX. Pricing Proposal

Attachments:

A - General Terms and Conditions

B - SORTA Advertising Policy

C - Conflicts of Interest Statement

D - Memorandum of Understanding

Request For Proposal #082-2026

Title: Transit Bus and Shelter Advertising Services

1. Introduction

1.1. Summary

The Southwest Ohio Regional Transit Authority (SORTA) is seeking proposals from experienced advertising service providers to manage and grow its interior and exterior transit advertising program. The selected contractor will be responsible for all aspects of the program, including marketing and selling advertising space, managing client relationships, printing and installing ad materials, maintaining ad quality, handling finances, and delivering detailed monthly reporting. This program will include selling advertising opportunities on the interior and exterior of eligible SORTA buses (interior frames, interior digital monitors, and exterior vinyl applications) and on designated SORTA bus shelters throughout the transit network. SORTA is committed to maintaining a high standard of quality and professionalism in all ad placements while generating consistent, reliable revenue from advertising sales. The selected vendor will be expected to cover all operating costs and provide advertising revenue to SORTA.

1.2. Background

The Southwest Ohio Regional Transit Authority (“SORTA”), commonly known as Cincinnati Metro, is a regional transit authority established pursuant to Section 306.30 et seq. of the Ohio Revised Code. As such, SORTA is a political subdivision of the State of Ohio.

SORTA delivers a range of public transportation services, including fixed-route mass transit, paratransit, and micro-transit. Its service area encompasses the City of Cincinnati, Hamilton County, and portions of

Butler, Clermont, and Warren Counties.

SORTA operates 48 fixed bus routes, utilizing a fleet of approximately 300 transit buses. In addition, it provides paratransit services with a fleet of 60 vehicles and micro-transit services with 30 vehicles, ensuring accessible and flexible transportation options across the region.

1.3. Contact Information

Christina Harvey Sr. Manager of Procurement 1401 Bank Street Cincinnati, OH 45214 Email: charvey@go-metro.com Phone: (513) 632-7639

Department:

External Communications

1.4. Timeline

Solicitation Release Date June 2, 2026 mailto:charvey@go-metro.com tel:(513)632-7639

Pre-Proposal Meeting (Non-Mandatory) June 9, 2026, 2:00pm

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/22533469394840

1?p=KNMnDHAQdLPnTZOoNm

Meeting ID:

225 334 693 948 401

Passcode:

ie6fL7bB Need help? | System reference Dial in by phone

+1 213-634-2005,,73257113# United States, Los Angeles Find a local number Phone conference ID:

732 571 13#

Deadline to Submit Questions June 12, 2026, 2:00pm

Addendum/Response to

Questions/Clarifications

June 17, 2026, 2:00pm

Proposals Due July 6, 2026, 2:00pm https://teams.microsoft.com/meet/225334693948401?p=KNMnDHAQdLPnTZOoNm https://teams.microsoft.com/meet/225334693948401?p=KNMnDHAQdLPnTZOoNm

2. Scope of Work

2.1. General

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary for the Transit Bus and Shelter Advertising Program Management as per the scope of services outlined below.

The successful contractor shall:

• Have exclusive rights to market, lease, and place commercial advertisement on all locations capable of accepting such advertising. All advertising, except where noted below, will be obtained for the sole purpose of generating revenue.

• Give its best effort to sell advertising space and operate a fully staffed business office to manage this effort. The contractor must be familiar with the Greater Cincinnati area, and capable of prospecting and acquiring both local and national advertising contracts.

• Comply with generally accepted industry principles with respect to good taste and all applicable laws and regulations including but not limited to truth in advertising, copyrights, and trademarks. The contractor shall remove any advertising that SORTA deems inappropriate within 24 hours of written notice.

• Produce and maintain all finished advertising material and remove damaged, stolen, or defaced ads within 24 hours for emergency situations (such as offensive language or symbols) or 10 calendar days for minimal damages. The contractor will also be responsible for removal of all dated advertising materials within five days from their respective expiration dates. Dated materials refer to advertising materials that are relevant to specific dates or relevant to an event that has concluded.

• Pay SORTA a negotiated percentage of all annual net advertising sales revenue or an annual minimum guaranteed rate, whichever is greater. Offerors are encouraged to propose more than 50% of annual net advertising sales revenue. The Contractor shall provide compensation to SORTA in the form of monthly payments in return for said exclusive advertising rights.

• Inform SORTA of the dollar value received from advertisers and shall keep and provide a monthly and accurate accounting of its sales, revenue and collections including a statement of size and type of display contracted for each advertiser.

• Prepare and submit monthly revenue remittance reports.

2.2. Tasks

At a minimum, responsibilities of the Contractor shall include the following:

• Marketing, selling, and securing advertising contracts and providing customer service for the rental spaces on fixed route buses, shelters, and other SORTA assets as may be agreed to.

• Maintaining continuous sales efforts within the Greater Cincinnati area conducted by a professional staff of sufficient size to assure adequate service to all advertising clients and potential customers.

• Providing all design and output services on behalf of clients as may be agreed upon between the contractor and individual clients.

• Assuring that all displays are tasteful and of a high-quality standard regarding artwork, sign construction materials, and ad content.

• Obtaining all permissions, consents, license, and releases for advertising copy and materials.

• Supplying all materials and services provided under the Contract, whether those materials and services are provided by the contractor, purchased ready-made, or provided by a sub-contractor.

• Warranting that all products and/or processes utilized in production, repair, and removal of all exterior advertisements during the term of the Contract shall not damage the exterior finished surface of SORTA assets. If damage occurs, the contractor shall reimburse SORTA for its costs of repairs, labor, and materials. The Contractor is not responsible for damage to SORTA assets due to pre-existing damage such as normal wear and tear.

• Contractor will be responsible for all work and will be considered the prime contractor.

This is a revenue-sharing agreement wherein compensation is based on revenue generated on behalf of SORTA. The Contractor shall make every effort to sell the maximum amount of space for the most advantageous price available in the market. The contractor is expected to cover all expenses related to the services described herein.

Contractor’s personnel shall wear a distinguishable name tag/identification card while working at the SORTA locations, along with all other agreed-upon personal protective equipment (PPE) needed when working in SORTA locations.

2.3. Deliverables by SORTA

SORTA will establish policies and procedures for the provision of this service and will maintain management oversight throughout the Agreement. SORTA will also have responsibility for the following:

1. Provide exclusive rights to Contractor for advertising space on SORTA’s shelters identified in section 2.12.

2. Provide exclusive rights to Contractor for advertising space on SORTA’s fixed route buses as identified in section 2.9.

3. Advanced written approvals as outlined in this agreement.

Contractor agrees that any equipment and materials provided by SORTA shall not be changed, altered, or modified in any way without the express written consent of SORTA. Equipment and materials provided by SORTA will not be used for any purpose other than the service described herein. Violation of this provision is a breach of contract and subject to termination for default.

2.4. Monthly Revenue Guarantee

This is a solicitation for a revenue-sharing contract. Revenues will be paid to SORTA via agreed-upon procedures. SORTA requires the contractor to pay either a monthly guaranteed amount or a percentage of revenue share, whichever is greater.

The amount of revenue generated for advertising sales is of great importance to SORTA as such revenue will primarily be used to procure shelters, retrofit shelters, and to clean and maintain shelters.

The payments to SORTA for the percentage of gross revenues will be paid by the 20th of each following month.

Except for SORTA advertisement, no other production costs may be included or deducted from the

Monthly Revenue Remittance Report defined below.

Advertisers are solely responsible for production costs, except as specified herein.

The successful Proposer shall submit a monthly report to SORTA reporting all gross sales for all types of advertising sales.

Negotiated revenue streams may be subject to renegotiation due to changes in:

• Changes in shelter design, advertising capacity, and/or quantity.

• Changes in the quantity of vehicles running at peak service, active bus routes, and geographic scope measured by miles traveled.

• If the size or location of available advertisements are substantially changed.

• Unavailability of buses, garage access, or unauthorized removal of advertisements by SORTA staff or officials.

• Changes in the City of Cincinnati, surrounding municipalities, or SORTA advertising policies.

2.5. Method of Payment to SORTA

The successful contractor is required to remit revenues earned each month within twenty (20) days after the end of the month in which they were earned. Contractor may choose to communicate revenue and advertising reports in any manner deemed beneficial to both parties; however, the revenue must, at a minimum, be accompanied by a report that includes details of bus shelters and all other SORTA assets agreed to in the contract.

Effective the first month of the agreement and each month thereafter, the successful contractor shall submit the gross revenue percentage split, by the 20th day of each following month.

Along with the monthly revenue remittance report, the successful contractor shall furnish SORTA with copies of all signed advertising contracts.

Submitted advertising contracts between the successful contractor and advertiser must include at a minimum:

1. Advertiser’s Name, Complete Address, Contact Name, Number, and Email Address

2. Date of Agreement

3. Term of Agreement

4. Quantity and Type of Advertisement Ordered

5. Guaranteed Property Placement (if any)

6. Billing Amount to Advertiser Specifying Month/Year each Payment is Due

7. Total Contract Value

8. Signature of Authorized Representatives of Both Parties to the Agreement

Monthly Revenue Remittance Report must at a minimum include:

1. Advertiser’s Name

2. Contract Period

3. Advertising Property Type

4. Quantity Sold per Property Type

5. Unit Price per Property Type

6. Total Monthly Sales per Advertiser

7. Total Monthly SORTA Revenue Remittance Amount for All Advertisers

8. Uncollectible advertising receivables

**Additional reports may be added as required by SORTA.

In addition to regular written reports, communication must be made to SORTA through regular meetings to be held on-site at SORTA, at the awarded contractor’s facility, or virtually via Zoom, Teams, or other means. The purpose of these meetings will be to review contract performance and revenue results, and future opportunities.

The successful contractor shall maintain all required records for three (3) years after final payment by the successful contractor to SORTA under the terms of the operating contract. However, if any audit, claim, or litigation is started before the expiration of the three (3) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

The successful contractor will permit SORTA to inspect and audit all records and financial data involved in the operation of the concession during the regular business hours maintained by the successful contractor, and at such other times upon five (5) business day’s written notice.

The Monthly Revenue Remittance Report and monthly payment are to be mailed to:

Chief Financial Officer

SORTA

525 Vine Street, Suite 500

Cincinnati OH 45202

**SORTA may allow contractor to submit reports and/or payments electronically upon contractor request and mutual agreement.

2.6. Advertising Services

Contractor shall have exclusive rights to market and place commercial advertisements on SORTA’s transit stop shelters, direct vinyl applications or other prescribed locations on the inside and outside of

SORTA’s buses, and on digital screens located inside each fixed-route bus.

All proposed advertisements must comply with SORTA’s advertising policy (Exhibit B) and any subsequent amendments thereto. SORTA shall have final advance approval of all proposed advertisements, a designated SORTA representative will be identified to provide all advertising approvals. Contractor shall provide all finished advertising material to be placed on the transit stop shelter equipment, maintain all advertising material in a good state of repair, and replace any advertising material that has been stolen, damaged, or defaced within the timeframes specified below:

1. 24 hours for emergency situations (such as offensive language or symbols) or

2. 10 calendar days for minimal damages.

Replacement of paid advertisements due to bus maintenance, accident, vandalism, change in service, etc.

will be invoiced to SORTA for the retail value of the replacement, including but not limited to reprint costs, installation costs, administrative costs, and expedited fees.

In the event that such invoices are not paid within 30 days of invoice date, the balance will be deducted from the next monthly Revenue Share payment.

Contractor shall employ its expertise and best practices to market and sell advertising space, operating a business location with a physical address (with an onsite person located in the Greater Cincinnati area) and maintaining or subcontracting a work force capable of ensuring proposed installation, maintenance, repair, and removal of advertising displays.

SORTA will have use of advertising spaces not currently filled with paid advertising. SORTA will have access to the media space at no cost; Contractor will provide production, installation, and removal services for interior and exterior advertisements with a discount of 20% for SORTA self-promotion.

If contractor substantially breaches this provision requiring advertising services, SORTA shall have all remedies as are available for substantial breach of contract, including any right to terminate the contract.

2.7. Advertising Content

All advertising content shall comply with SORTA’s Advertising Policy. (See Exhibit B – SORTA’s

Advertising Policy) In its sole and complete discretion, SORTA shall have full and final control of advertisement content.

All advertisements shall be reviewed and approved in writing by SORTA’s designated Point of Contact prior to its placement on transit stop shelters. SORTA approvals or disapprovals will be made within seven (7) working days of submittal of proposed advertising.

SORTA reserves the right to seek advice and approval from outside counsel; all decisions regarding advertising approval or disapproval shall be final.

Contractors are invited to suggest alternative advertising approaches such as vinyl decals, digital screens, etc.

2.8. Contractor Qualifications

Contractor shall have the qualifications and at least three years of successful experience in each of the areas within the above Scope of Work/Services. These areas include the following:

1. Multi-year revenue contract management experience.

2. Transit advertising services experience (provide references)

2.9. Exterior Vinyl Bus Wraps

Exterior Vinyl advertising will be applied directly to the buses by the Contractor in accordance with the

SORTA Ad Installation Progression figure below. Any damage that occurs during the application and/or removal of vinyl advertising are the sole responsibility of the Contractor. The Contractor is not responsible for damage to SORTA assets due to pre-existing damage such as normal wear and tear.

Costs for vinyl materials, application, and removal will be charged separately by Contractor to customers and will not be included in sales revenue or costs.

2.10. Transit Advertising

Installation and ongoing maintenance of signs and other necessary activities of the Contractor shall not interfere with the routine functioning of SORTA operations.

Buses operate daily on routes segmented mostly geographically between east (Bond Hill) and west

(Queensgate) Buses will not be assigned to specific routes so Contractor should refrain from selling printed advertisements based on route exclusivity.

Contractor and all Contractor personnel shall fully comply with all applicable laws, statutes, ordinances, and regulations, and all SORTA safety requirements. Contractor shall provide all Workers’ Compensation and employer liability insurance required by law and SORTA.

2.11. Digital Transit Advertising

Advertisements sold on interior digital screens may be segmented geographically using proprietary software and GPS settings unique to each bus as it operates route service.

SORTA will provide Contractor with limited administrative credentials and access to the existing Content

Management System (CMS), Onsign. This includes the right to modify, if required, screen layouts, redesign visual templates, and configure ad-insertion time slots, campaigns, and playlists.

Changes and modifications shall be presented by Contractor to Metro for approval prior to implementation. No substantive changes shall be made by Contractor without written approval from

Metro. Metro shall review changes and modifications provided by Contractor in a timely manner to facilitate the implementation of the project. Metro’s review shall include a careful examination of changes with justifications, testing, and written approval before any changes are authorized or made.

2.12. Damage to Advertisements

All vinyl advertisements shall be constructed of materials capable of withstanding all weather conditions.

Vehicle signage shall be constructed to withstand exposure to daily high pressure washing without deterioration of the sign backing and artwork. Contractor will be responsible for the cost to remove and replace any advertisement that may be damaged by daily exposure to weather conditions and/or a high-pressure vehicle washer.

Contractor will be responsible for replacing advertising graphics due to accidents when it is not the fault of SORTA.

Replacement of advertising vinyl due to bus maintenance, accident, vandalism, change in service, etc..

will be invoiced to SORTA for the retail value of the replacement, including but not limited to reprint costs, installation costs, administrative costs and expedite fees.

In the event that such invoices are not paid within 30 days of invoice date, the balance will be deducted from the next Revenue Share payment, Contractor shall fully reimburse SORTA upon demand for all expenses incurred in the repair of damage to the finish of any asset caused directly or indirectly by the installation or removal of advertising.

Contractor is not responsible for damage related to pre-existing normal wear and tear.

2.13. Modifications

Modifications to the plan for carrying out the advertising, maintenance, repair, and cleaning within this

Agreement as agreed upon by Contractor and SORTA may be modified if the modifications are agreed to by both parties in advance of the implementation of those modifications. All modifications will be made in writing and may not be changed orally. Any material or substantial modification may require approval of SORTA’s Governing Board for any such change to be valid.

2.14. Place of Performance

Unless otherwise noted, all bus advertising installations will take place at one of the following locations:

• Queensgate Operating Garage, 1401 Bank Street Cincinnati OH 45214

• Bond Hill Operating Garage, 4700 Paddock Road Cincinnati OH 45229

Shelter advertising installation will take place at specific shelter locations.

On-board digital screen advertising installation will take place remotely using proprietary content management system (CMS) software.

2.15. List of Exhibits to Be Attached

Exhibit A - General Terms and Conditions

Exhibit B - Advertising Policy

Exhibit C - Conflict of Interest Statement

Exhibit D - Memorandum of Understanding Bus Advertising Repair and Billing SOP

2.16. Shelter Advertising

SORTA’s shelter locations are listed below. Some transit stop locations are configured to accept advertising material while others may need to be retrofitted to accept advertising material. The total number of shelters is fluid and may vary throughout the duration of this contract due to possible service area changes and/or the addition of new shelter locations. SORTA is required to inform Contractor when shelters are moved, removed, rendered irrelevant due to service area changes, or installed as soon as realistically possible.

Contractor shall provide general cleaning of shelter areas while installing or removing advertisements or conducting other maintenance activities, including removal of tape, graffiti removal and general cleaning of glass surrounding advertisements.

3. Instructions to Bidders

3.1. Proposal Preparation Cost

SORTA will not reimburse proposers for any costs incurred in the preparation and submittal of proposals or participation in the evaluation and negotiation process.

3.2. Proposal Format

Proposals shall be submitted in two (2) volumes. Proposers must prepare a completed Technical Proposal, Volume 1, (as described in the Proposal Contents section) and Business Proposal, Volume II. Until further notice, The Southwest Ohio Regional Transit Authority (SORTA) will accept only electronic submittals through the e-Procurement Portal (https://procurement.opengov.com/portal/go-metro) in response to this solicitation. No hard copy submittals will be accepted. Any required notarizations shall be done by a licensed notary or by an online notary pursuant to Ohio Revised Code Section 147.60 et seq.; a listing of such notaries may be found on the Ohio Secretary of State website:

Online Notary Search

No price or price-related information shall appear in the Technical Proposal, Volume 1.

Proposals must be received no later than 2:00 pm on Monday, July 6, 2026 (EST). Late proposals will not be accepted, except as described below.

3.3. Proposal Contents

The proposal should be prepared using the following format:

Technical Proposal (Volume 1)

1. Cover Letter

Cover letter should identify the prime contractor and all subcontractors, if any. The letter should also include the officer or other responsible executives of the proposer authorized to negotiate and agree to a contract. This individual shall serve as SORTA’s point of contact for all communications regarding this solicitation. The cover letter should identify this individual by name, title, address, telephone, facsimile and email contact information. The letter should also contain a commitment that the proposed pricing will be valid for not less than 120 days from the above deadline for receipt of proposals or any extension thereof.

2. Project Approach

This section shall describe the proposer’s approach to providing the services requested per the scope, understanding SORTA’s requirements for this project, and reflecting its experience in performing similar contracts for other clients. Proposers may offer an alternative solution to the requirements specified in the scope of work herein, provided that such alternative meets

SORTA’s needs as described herein.

3. Firm Qualifications, Experience, and References

This section should contain a description of the proposing firm’s prior and current experience as https://procurement.opengov.com/portal/go-metro https://notarysearch.ohiosos.gov/ords/f?p=ENSEARCH:SEARCH:17095144172250:::1::

it pertains to services similar to those required hereunder. It should include a list of all similar assignments undertaken in the past five (5) years, identifying the duration, the client, and the scope of the contract. Contact information (name, title, mailing address, and email, telephone and fax numbers) for each client should be included. Provide a summary of the firm’s qualifications, general information about the firm, location of office(s), years in business and areas of expertise.

4. Staffing (Qualifications, Experience, and Availability)

Identify key staff and include a description of their abilities, qualifications and experience. Attach resumes of key staff to be assigned to this project. Include a proposed project management structure and organization chart. Please list the number of full-time staff by discipline. Identify any portion of the scope of work that would be subcontracted. Include firm qualifications and key personnel, telephone number and contact person for all subcontractors. SORTA/Metro reserves the right to approve or reject any internal staff or subcontractors proposed by the firm.

No price or price-related information shall appear in the Technical Proposal, Volume 1.

Business Proposal (Volume 2)

1. Cover Letter

A copy of the cover letter from Volume 1 should be included.

2. Insurance Certificates

This section should include copies of the proposer’s worker’s compensation, general liability, automobile insurance, Crime coverage (including theft, fraud and computer fraud), and

Professional Liability/Errors and Omissions insurance certificates

3. Property Tax Affidavit

4. Anti-Lobbying Certificates

No price or price related information shall appear in the Business Proposal, Volume 2.

Price will be requested in a separate section

3.4. Price Proposal

1. Price Proposal

Provide a price proposal using the #Pricing Proposal. The Price Proposal must be completed on behalf of the proposer. No pricing or price-related information should appear elsewhere in any of the proposals. You will confirm your price within the Vendor Questionnaire. A detailed pricing sheet should be uploaded within the Vendor Questionnaire.

Price-related information shall only appear in the requested pricing sheet and as requested in the

Vendor Questionnaire.

3.5. Proposal Clarity and Conciseness

SORTA requests that proposers submit a single concise proposal, clearly addressing the evaluation criteria and information requested herein. Overly elaborate proposals and proposals containing only generalized marketing information are discouraged and may result in a lower evaluation score.

https://procurement.opengov.com/portal/go-metro/projects/269619/document?section=2598558

3.6. Proposal Validity Period

Proposals, including any modification thereof, shall remain valid for not less than 120 days from the date established for receipt by SORTA.

3.7. Late Submissions, Modifications and Withdrawals of Offers

Any proposal, modification, or revision, that is received through the e-Procurement portal after the exact time specified for receipt of proposals is “late” and will not be considered.

Any submission received after the exact date and time specified will not be considered unless it is received before award is made, the contracting officer determines that accepting the late proposal would not unduly delay the acquisition; and there is acceptable evidence to establish that an error occurred while attempting submission prior to designated time for receipt of proposals; or it was the only proposal received. However, a late modification of an otherwise successful proposal, that makes its terms more favorable to SORTA, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt will show electronically once the proposal is uploaded in the e-Procurement Portal on https://procurement.opengov.com/portal/go-metro.

If an emergency or unanticipated event interrupts normal SORTA processes, so that proposals cannot be received in the SORTA e-Procurement portal designated for receipt of proposals by the exact time specified in the solicitation and urgent SORTA requirements preclude amendment of the solicitation closing date, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the date to be determined by SORTA.

Proposers may withdraw a proposal or modification thereof electronically via the e-Procurement Portal at any time prior to the time specified for receipt of proposals or modifications. A proposal or modification may be resubmitted prior to the time specified for receipt.

3.8. Questions Concerning This Solicitation

Any questions regarding this solicitation shall be submitted through the e-Procurement Portal no later than 2:00 pm on Friday, June 12, 2026 (EST). Telephoned questions will not be accepted. Proposers shall not contact any other SORTA personnel regarding any aspect of this solicitation. Any proposer found to have had such contact shall be barred from participation in this solicitation and any subsequent contract, either as a prime contractor or subcontractors.

SORTA anticipates that responses to questions submitted will be provided to all known proposers by 2:00 pm on Wednesday, June 17, 2026. If the responses materially alter the terms of this solicitation, they will be incorporated in an amendment to the solicitation. No communication by SORTA or any of its Trustees, officers, employees, agents or representatives shall alter the terms of this solicitation or bind SORTA in any manner, unless incorporated in such an amendment.

3.9. Exceptions to Contractual Terms

The proposer may identify any proposed exceptions to SORTA’s Terms and Conditions as contained in this RFP or propose any additional terms it considers appropriate. Such proposed exceptions or additional terms must be specific and include a clear explanation of the reasons for the exception or addition. Please note that certain of the terms contained herein are required by law or regulation and cannot be modified.

You must submit your exceptions to Terms and Conditions in the Vendor Questionnaire.

3.10. MetroMAX Small Business Mission Statement

The Southwest Ohio Regional Transit Authority (SORTA) has established a Small and Disadvantaged

Business Enterprise program that encourages diversity and inclusion on all contracts. It is the policy of

SORTA to promote equal opportunity and fairness in all its procurement matters, in accordance with state and federal laws, so that small and disadvantaged businesses have an equal opportunity to receive and participate in all contracts. It is also our policy to:

1. Ensure nondiscrimination in the award and administration of contracts;

2. Create a level playing field on which small and disadvantaged businesses can compete fairly for

SORTA contracts;

3. Help remove barriers to the participation of small and disadvantaged businesses in SORTA contracts; and

4. Assist the development of firms that can compete successfully in the marketplace outside of

SORTA’s small and disadvantaged business program.

SORTA is committed to fostering small and disadvantaged business participation in contracting opportunities. As such, bidders/proposers are expected to make reasonable efforts to support inclusivity in staffing and subcontracting, to support SORTA’s mission.

3.11. Evaluation Process and Criteria

Proposals timely received by SORTA will be evaluated by an evaluation team established by SORTA in accordance with the criteria set forth below. Following an initial evaluation, SORTA may advance to a second evaluation phase those firms that are determined to fall within a highly competitive range. The highly competitive range is defined as those firms whose aggregated subjective criteria scores are less than 5 percent of the total possible points from the highest scoring firm.

As part of the second evaluation phase, SORTA may provide targeted questions and conduct interviews in order to clarify information contained in submitted proposals. Interviews may be virtual or in person and may include oral/visual presentations and/or product demonstrations. SORTA reserves the right to determine the proposal believed to add the best value to the agency based on the outcome of the second evaluation phase.

SORTA reserves the right to negotiate with proposers in the highly competitive range without conducting interviews or issuing targeted questions. Following such negotiations, SORTA may request one or more of the firms in the highly competitive range to submit a Best and Final Offer, which will be evaluated by the evaluation team and a firm selected for award.

SORTA reserves the right to accept proposals other than the lowest cost offered, reject any and all proposals, or to negotiate separately with any proposer or proposers as deemed to be in SORTA’s best interest. SORTA also reserves the right to waive informalities, make an award on the basis of initial proposals received without discussions or negotiations. Initial proposals, therefore, should represent the proposers’ best effort to meet SORTA’s needs at a reasonable price.

Proposals will be reviewed and evaluated at each step of the process based upon the following criteria in relative order of importance:

SEE HYPERLINK FOR DETAILED EVALUATION CRITERIA

• #Evaluation Criteria

3.12. Verification of Proposer Responsibility

SORTA may undertake such investigations as it deems necessary to determine the ability of each

Proposer to perform the work, and the Proposer shall furnish to SORTA all such information and data as

SORTA may request for this purpose. SORTA reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy SORTA that such proposer is properly qualified to carry out the obligations of the contract and to complete the work required, hereunder.

SORTA may require the proposer to submit any of the following information as part of the evaluation process:

(1) proposer’s performance record;

(2) proposer's certified, audited financial statements for up to three (3) prior years; and

(3) such additional information as will satisfy SORTA that the Proposer is adequately prepared to fulfill the contract.

SORTA also reserves the right to verify a proposer’s indirect cost rates, such as provisional overhead

(burden) and General & Administrative (G&A) rates, before or after award of a contract. In this connection, SORTA may request the proposer to provide copies of undisputed audits of the proposed by

(1) other FTA grantees;

(2) the federal government; or

(3) state government.

3.13. Contract Award

Award will be made to the firm(s) whose proposal, in SORTA’s sole judgment, is considered to be most advantageous to SORTA, cost and all other factors considered. SORTA reserves the right to reject any and all proposals and to permit or waive minor informalities, irregularities and errors in proposals.

SORTA may elect to make an award on the basis of initial proposals or to proceed with the evaluation process defined herein.

3.14. Protests

SORTA’s policy and procedure for the administrative resolution of protests is set forth in §3.10 of

SORTA’s Procurement Procedures Manual (PPM). The PPM contains rules for the filing and administration of protests. SORTA shall furnish a copy of §3.10 upon request. The policy and procedure is available on SORTA’s website at:

Microsoft Word - Metro Protest Procedure (9.23)

An interested party wishing to protest a matter involving a proposed procurement or contract award, shall file a written submission with the Director of Procurement by certified mail or other delivery method by which receipt can be verified. Electronic submission of protests is not acceptable unless an original signed copy of the protest is received by the Director within 24 hours (not including weekends and holidays) after receipt of the electronic copy.

https://procurement.opengov.com/portal/go-metro/projects/269619/document?section=2598559 https://www.go-metro.com/wp-content/uploads/2024/02/Metro-Protest-Procedure-9.23.pdf

The Director may, however, permit the electronic provision of supplemental information after the initial protest submittal. The protest shall include, at a minimum:

The name and address of the protesting party and its relationship to the procurement sufficient to establish that the protest is being filed by an interested party;

• Identity of the contact person for the protestor, including name, title, address, telephone, fax and e-mail addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party;

• Identification of the procurement;

• A description of the nature of the protest, referencing the portion(s) of the solicitation involved;

• Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based;

• A compete discussion of the basis for the protest, including all supporting facts, documents or data;

• A statement of the specific relief requested; and

• A notarized affirmation by the protestor (if an individual) or by an owner or officer of the protestor (if not an individual) as to the truth and accuracy of the statements made in the protest submittal.

The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the Internet may be referenced to an appropriate link.

3.15. Confidential Information

All proposals and documents submitted in response to this RFP are subject to the disclosure provisions of the Ohio Public Records provisions of Ohio Revised Code Chapter 149.43. Proposers should be mindful to avoid providing proprietary information such as trade secrets copyrighted material, or other information of a sensitive or confidential nature. Any such information that is determined to be necessary in order to respond adequately and competitively must be placed at the end of the designated section of the Proposal for easy reference and removal. Any blanket claim of exemption from disclosure or inclusion in a claim for disclosure of information, which is patently subject to disclosure, or any other such claim which may constitute an abuse of the right of exemption may, at SORTA’s sole discretion, render the entire proposal subject to disclosure.

3.16. Cone of Silence

1. To ensure a proper and fair evaluation, SORTA has established a “cone of silence” applicable to all competitive selection processes, including RFP’s, RFQ’s, and IFB’s. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences. The cone of silence will be imposed on all competitive selection processes beginning with the advertisement for the same and ending with the Board’s approval of the recommended award (if applicable).

2. The cone of silence prohibits any communications regarding a specific RFP, RFQ, or IFB between:

A. A potential respondent (which includes vendors, service providers, bidders, proposers, lobbyists, and consultants) and their representative(s) and SORTA staff, except for communications with the Procurement Department staff responsible for administering the solicitation, provided the communication is strictly limited to the procedural matters of the competitive selection process.

B. A potential respondent and their representative(s) and a member of the Board of Trustees.

C. A potential respondent and their representative(s) and any member of the evaluation committee.

D. A Board Member and any member of the evaluation committee.

3. Unless specifically provided otherwise in the applicable solicitation document, the cone of silence does not apply to:

A. Oral communications at the pre-proposal or pre-bid conference.

B. Oral communications during the publicly noticed evaluation committee meetings that are specifically for presentations, demonstrations, or interviews.

C. Oral communications during any duly noticed meeting of the Board of Trustees.

D. Communications relating to the protests made in accordance with the Protest Procedures delineated in this manual or in the solicitation document.

4. Any violation of the cone of silence by a respondent and their representative(s) will result in a rejection of their response to the solicitation and will void any potential contract award related to the solicitation.

5. Any communication regarding matters of process or procurement procedure from a respondent and their representative(s) or lobbyist must be reported to the Procurement Department staff responsible for administering the solicitation.

Any Board Member, Procurement Specialist, or other SORTA employee receiving communications from potential respondents and their representative(s) must be reported to the Procurement Department staff responsible for administering the solicitation. Failure to report such communications may result in a nonresponsive response submission or voided contract award.

3.17. Organizational Conflicts of Interest

Unless specifically exempted by SORTA, any contractor, subcontractors, subsidiary, or other entity which experiences an organizational or personal conflict of interest (Conflict”) is precluded from participation in any procurement affected by the Conflict. This prohibition also applies to any contractor, subcontractors, subsidiary, or other entity which is legally related to such entity or party.

If a bidder or proposer is uncertain whether or not a conflict exists, it should promptly contact SORTA’s

Director of Procurement for a determination. Such inquiries and responses will not be published to other potential bidders. FTA Circular 4220.1F ¶VI.2a (4) (h) defines prohibitions on personal and organizational conflicts of interest, which are further discussed in §2.6 of FTA’s Best Practices

Procurement & Lessons Learned Manual (2016). In general, a personal conflict of interest reflects an individual’s ability to influence the award of a contract and to profit from the result of that award. An organizational conflict exists when any of the following exist:

(1) a firm has access to non-public information as the result of performing a government contract and can use that information to advantage in competing for another government contract;

(2) a firm influences the ground rules (specification or contractual terms) for a government solicitation, potentially biasing those ground rules in its own favor; or

(3) a firm’s work under one government contract requires it to evaluate itself or its work product under another contract, impairing its objectivity.

Should a potential bidder or proposer be aware of a potential Conflict, it shall identify the potential

Conflict in its proposal, together with measures it proposes to remove or mitigate the Conflict. Should any person or entity planning to submit a bid or proposal hereunder be aware of any situation which may fall under the above prohibitions, it shall, no later than the time of submittal of its offer, identify in writing to

SORTA’s Director of Procurement

(1) the nature of the potential conflict;

(2) steps it may take to mitigate the conflict; and

(3) request a waiver of the conflict.

The decision of the Director of Procurement regarding such potential conflicts and possible mitigation measures shall be final. Failure to submit such as statement before or with an offer shall be deemed a certification by the bidder or proposer that, to the best of its knowledge and belief, no such Conflict exists. In the event that a bidder or proposer fails to disclose such Conflict as required herein, its offer may be rejected. Should a bidder or proposer become aware of a potential Conflict after the submittal of an offer, it shall promptly notify the Director of Procurement in writing, providing the information required above together with a statement of why the Conflict could not have been identified prior to submittal of the offer.

4. Terms and Conditions

Please see attached Terms and Conditions

If you have exceptions or deviations to our Terms and Conditions you will be able to upload those in the Vendor Questionnaire.

SORTA's General Terms and Conditions are attached in the solicitation package. Please review here.

https://procurement.opengov.com/portal/go-metro/projects/269619/document?section=2598562

5. MetroMAX Small Business Participation Plan

The Southwest Ohio Regional Transit Authority (SORTA) has established MetroMAX, a small business program designed to encourage participation by small businesses in all contracts. The mission of

MetroMAX is to uplift small businesses and strengthen our region by expanding access to meaningful opportunities at Metro and beyond. Through this program, SORTA is committed to fueling local economic growth by providing procurement opportunities, training, and resources that empower small, emerging, and disadvantaged businesses to grow, compete, and thrive.

SORTA has determined that subcontracting opportunities for small businesses are not available under this solicitation. Therefore, a formal small business participation goal is not recommended. While not mandatory, bidders/proposers are strongly encouraged to make efforts to include small and disadvantaged businesses in the performance of contracts when feasible to maximize participation of certified small businesses as subcontractors, subconsultants, and suppliers where subcontracting opportunities are available.

It is the policy of SORTA to promote equal opportunity and fairness in all its procurement matters, in accordance with state and federal laws, so that small businesses have an equal opportunity to receive and participate in all contracts. SORTA will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract on the basis of race, color, sex, or national origin.

It is also our policy to:

1. Ensure nondiscrimination in the award and administration of contracts

2. Create a level playing field on which small businesses can compete fairly for SORTA contracts

3. Help remove barriers to the participation of small businesses in SORTA contracts; and

4. Assist the development of firms that can compete successfully in the marketplace outside of

SORTA’s small business program.

6. Contract Award

Contract term shall be 5 Years.

Award will be made to the firm(s) whose proposal, in SORTA’s sole judgment, is considered to be most advantageous to SORTA, cost and all other factors considered. SORTA reserves the right to reject any and all proposals and to permit or waive minor informalities, irregularities and errors in proposals.

SORTA may elect to make an award on the basis of initial proposals or to proceed with the evaluation process defined herein.

7. Vendor Questionnaire

7.1. Vendor Information

7.1.1. Submission Requirements*

All required fields must be completed, including all documents. Please read the instructions on the documents for instructions on filling out required forms. Failure to submit required forms may result in being deemed non-responsive.

☐ Please confirm

*Response required

7.1.2. Authorized Company Representative*

Enter full name of the authorized company representative certifying and submitting this bid

*Response required

7.1.3. By confirming, Bidder certifies that they are the authorized representative * Any electronic confirmations herein shall be as binding as a signature from the authorized representative.

☐ Please confirm

*Response required

7.1.4. System for Award Management (SAM.gov)*

Please enter your company's Legal Name and/or dba Name:

*Response required

7.1.5. System for Award Management (SAM.gov)

Please enter a CAGE Code if applicable.

CAGE stands for Commercial and Government Entity, and a unique CAGE code is assigned to all businesses and individuals that complete their System for Award Management (SAM) registration. This

“system” is a database that contains information about all active government contractors.

7.1.6. Ohio Auditor of State *

Enter your Legal Entity Name for Verification in the Ohio Auditor of State Website.

*Response required

7.1.7. Payment Remittance Address*

Please type in the following format: Name, Address, City, State, Zip code, Phone Number, Email.

*Response required

7.1.8. Federal Employer ID Number (FEIN) or Social Security Number* *Response required

7.1.9. NAICS CODE*

Please enter your NAICS Codes

*Response required https://federalcontractorregistry.com/system-award-management-5-fast-facts/

7.1.10. Payment Terms*

You agree to NET 30 Terms as stated in our Terms and Conditions.

☐ Please confirm

*Response required

7.1.11. Age of Firm*

*Response required

7.1.12. Annual Gross Receipts*

☐ less than $500,000

☐ $500,000 - $1 million

☐ $1 million to $5 million

☐ more than $5 million

*Response required

7.1.13. Small Business…