ATL RFP No. 22-064 Transit Fleet Inspection Services

REQUEST FOR PROPOSALS #22-064

TRANSIT FLEET INSPECTION SERVICES

Atlanta-Region Transit Link Authority (ATL)

245 Peachtree Center Avenue, Suite 2200

Atlanta, GA 30303

Schedule of Events

Release RFP July 13, 2022

Deadline for Proposer Written Questions July 27, 2022, 2:00 PM

PROPOSAL SUBMISSION DEADLINE August 10, 2022, 2:00 PM

Notice of Intent to Award August 24, 2022

Notice of Contract Award (target) August 31, 2022

REQUEST FOR PROPOSALS

TRANSIT FLEET INSPECTION SERVICES

ATL SOLICITATION #22-064

1. GENERAL INFORMATION

1.1 PURPOSE OF PROCUREMENT

The ATL is issuing this Request for Proposal (RFP) to firms specializing in large-scale bus inspection services to provide annual bus inspections of over sixty (60) buses in an annual Fleet Audit, associated grading of the inspected equipment with appropriate follow-up inspections. In addition, an annual inspection of approximately 15 non-revenue vehicles and a follow-up inspection of the non-revenue fleet is to be included. As necessary, a whole Fleet Turnover Inspection may need to occur. Currently, this encompasses 165 buses as well as 15 non-revenue vehicles. The Scope of Services provided herein describes the detailed intended inspection and related services.

The services to be performed shall generally fall into the following National Institute of

Governmental Purchasing (NIGP) Codes:

92824 Buses, School and Mass Transit Maintenance and Repair

96145 Inspection and Certification Services, 95891 Transit Management Services

92892 Vehicle Inspection and Testing Services, Emissions, etc.

1.2 ABOUT THE ATL

The Atlanta-Region Transit Link Authority, hereinafter referred to as “The ATL,” was created by the Georgia Legislature in 2018 under O.C.G.A § 50-39-3 to serve as a regional transit planning, funding, and policy oversight authority. Its primary purpose is to provide a more seamless customer experience, better connecting multiple transit systems operating in the 13-county ATL region. The ATL is comprised of 10 Districts that were intentionally drawn to extend across county jurisdictional boundaries to support proactive transit planning and coordination activities that advance a more seamless, regional transit system.

In 2021, the ATL reached new milestones in its history having completed its second-ever Priority

Investment List submission to the Georgia General Assembly and Governor’s Office of Planning and Budget, completed its third Annual Report and Audit, and having launched a new project database system, TrackATL. The ATL is also well-underway with a more sophisticated ATL

Regional Transit Plan, a regional trip-making application (ATL RIDES), a regional co-branding effort, the second phase of a regional fare policy initiative, and several local technical assistance efforts.

Governing Principles: The ATL’s six Governing Principles are the foundational values that guide our efforts to bring metro Atlanta closer together through a unified transit system.

Five Key Functions: While the ATL plays a variety of roles in collaboration with all our partners, there are five key functions that are central to the ATL’s strength and purpose

1.3 TYPE AND TERM OF CONTRACT

By issuance of this RFP, the ATL is publicly soliciting interested firms specializing in some or all the services described herein. The ATL envisions a potential award to one firm to enter into an Fleet Inspection Services Agreement whereby the contactor performs the services commencing about August 2022 for one 3-year period with one additional two-year option at the discretion of ATL. The award will consist of, as a minimum, an annual fleet inspection of 64 buses and follow-up inspection on the bus fleet.

The Contractor shall perform all necessary services provided under the prospective contract within and in support of the ATL service parameters.

1.4 SOLICITATION SCHEDULE

The Schedule of Events set out herein represents the ATL’s estimate of the schedule that is planned to be followed. However, delays to the procurement process may occur which may necessitate adjustments to the proposed schedule. If a component of this schedule is delayed, the Schedule of Events may be shifted as appropriate and at the ATL’s discretion. Any changes to the Schedule of Events up to the Proposal Submission Deadline will be posted to the ATL website at https://atltransit.ga.gov/doing-business-with-atl/, and in appropriate NIGP Code categories on the Georgia Procurement Registry website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. It is the responsibility of interested respondents to stay updated by checking the website(s) for information and addenda. After the Proposal

Submission Deadline, the ATL reserves the right to adjust the remainder of the proposed dates, https://atltransit.ga.gov/doing-business-with-atl/ http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp including the dates for evaluation, award and the Contract term on an as-needed basis with or without notice. The following schedule of events shall be followed unless so adjusted:

Release RFP July 13, 2022

Deadline for Proposer Written Questions July 27, 2022 2:00 PM EST

ATL Responses to Written Questions July 29, 2022____

PROPOSAL SUBMISSION DEADLINE August 10, 2022 2:00 PM EST

Presentation/Interviews (If Applicable, Time TBD) August 17-18, 2022

Notice of Intent to Award August 24, 2022

Notice of Contract Award (target) August 31, 2022

1.5 CONTACT INFORMATION AND RESTRICTIONS ON COMMUNICATIONS

From the date of issuance of this solicitation, and until the date of Contract award or Procurement cancellation by ATL, Proposers are not allowed to communicate for any reason with any ATL (or relevant participant stakeholders of the procurement) regarding this procurement or scope herein.

All Proposer communications concerning this solicitation shall be directed to the Issuing Officer as prescribed herein. Prohibited communication includes all contact or interaction regarding this solicitation, including, but not limited to, telephonic communications, emails, faxes, letters, texts, or personal meetings. Unauthorized contact regarding this solicitation may result in disqualification.

All inquiries, offers, submissions, and/or other correspondence regarding this solicitation

(excluding protests submitted in accordance with Part 1, Section 2.9 below) must be directed in writing to:

Staci Winston, Issuing Officer

Atlanta-Region Transit Link Authority

245 Peachtree Center Avenue NE

Suite 2200 Atlanta, GA 30303

Email: procurement@srta.ga.gov

2. SOLICITATION TERMS AND CONDITIONS/INSTRUCTIONS TO

PROPOSERS

2.1 DEADLINE FOR SUBMISSION OF PROPOSALS/LATE PROPOSALS

Proposals submitted in response to ATL RFP No. 22-064 must be received by ATL no later than

2:00 p.m. (EST) on August 10, 2022, to ensure that they are evaluated for Contract award by the Evaluation Committee for this procurement. Proposals received after the submission deadline will not be evaluated.

2.2 FORMAT OF PROPOSALS

mailto:procurement@srta.ga.gov

Each Proposer shall submit its technical proposal, inclusive of one (1) original paper copy, and one (1) electronic copy on USB drive in one single PDF file. The technical proposal shall consist of all offer documents and supporting documentation requested in the RFP. The Offer documents are being provided in conjunction with issuance of this RFP. Note- Offer Document 8- Price

Proposal shall be submitted separately sealed and submitted electronically as a second single PDF file on the USB drive. The physical Technical Proposal shall be submitted in a sealed envelope and clearly marked “Technical Proposal” with the Proposer name, ATL Solicitation

Number and Proposal Submission Deadline on the exterior of the envelope. The “original” paper copy of the Technical Proposal must be unbound. The USB drive shall contain electronic file copies of all complete, signed Offer Documents (with the separately-file-named Offer Document

8) that are submitted in paper copy format.

The Technical and Price Proposals must be submitted to the Issuing Officer by the Proposal

Submission Deadline for the Proposer’s submission to be eligible for evaluation and consideration for Contract award. All paper copies must be clearly marked as being either “Technical” or “Price” as applicable. Electronic copies, submitted on a USB drive, must be submitted in Portable

Document Format (PDF) format. In the event of a discrepancy between a hard copy and electronic versions, the original hardcopy version will govern.

If a Proposer submits an affidavit referred to in Section 2.5 (Confidential/Proprietary Information), one (1) separate electronic copy in searchable PDF format on one or more USB flash drives of its proposal labeled "ATL Solicitation No. 22-064 [Proposer Name] [Copy of Non-Confidential

Portion of Proposal]" that excludes any records attached to such affidavit with no file to exceed

50MB.

All proposals must be prepared and submitted in accordance with the proposal format and content requirements specified in Section 3 below. Proposals must be typed. The included required forms may be completed by using the free Adobe Reader software available at http://get.adobe.com/reader/. Proposals must be typed in English and all pricing (if applicable), if applicable, must be provided in US dollars and exclude federal excise taxes as well as any applicable state of local sales and use taxes.

The ATL is exempt from Federal excise taxes; no payment will be made for any taxes levied on

Proposer’s employee’s wages. The ATL is also exempt from State of Georgia and local sales and use taxes. The ATL shall furnish tax exemption certificates, upon request, to the successful

Proposer. As a condition of submission responsiveness, all offer documents that require the signature of Proposer must be signed. Any Contract award resulting from this solicitation shall bind the Proposer to all of the terms, conditions, and specifications set forth in this RFP, unless otherwise mutually agreed.

2.3 LOCATION FOR SUBMISSION OF PROPOSALS/METHODS OF DELIVERY

Proposals must be submitted exclusively to the Issuing Officer at the address noted in Section

1.5. It is the sole responsibility of the Proposer to ensure that its proposal is successfully delivered http://get.adobe.com/reader/ to ATL by the specified date and time. ATL is not responsible for late or lost deliveries of proposals, for whatever reason.

Proposals that are submitted by hand delivery or delivery by U.S. Postal Service or private courier/delivery service must be delivered to the administrative office located at 245 Peachtree

Center, Suite 2200, Atlanta, GA 30303. The ATL’s physical address and mailing address are the same.

All envelopes, packages, and/or boxes (including all envelopes, packages, and/or boxes submitted within a larger envelope, package, or box) containing proposals, USB drive(s), and other/all requested deliverables must be clearly marked with the following identifier on the outside of the envelope, package or box:

“Proposal in response to ATL Solicitation No. 22-064

RFP for Fleet Inspection Services

ATTN: Staci Winston, Issuing Officer

To be opened by addressee only.”

Failure to clearly mark all envelopes, packages, and/or boxes as specified may result in the proposal being discovered and/or opened late. ATL is not responsible for proposals discovered and/or opened late due to Proposer’s failure to mark the proposal as specified. Proposals received after the Proposal Submission Deadline, due to late delivery or late discovery due to

Proposer’s failure to mark the proposal as specified, may result in the ATL disqualifying the proposal from consideration for Contract award.

2.4 QUESTIONS

Questions regarding the RFP must be submitted in writing, via e-mail, by 2:00 p.m. (EST) on July

27, 2022. Written questions must be submitted to the attention of the Issuing Officer identified in

Section 1.5 above.

The Contract that the ATL expects to award as a result of this RFP will be provided as Part 3 of this RFP, either upon issuance of the RFP, or later in the RFP process. Therefore, all costs associated with complying with the requirements of the Contract shall be included in any pricing

(if applicable) submitted by the Proposer, if applicable.

Answers to questions received by the applicable deadline will be posted to both the Georgia

Procurement Registry website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the ATL website at https://atltransit.ga.gov/doing-business-with-atl/. It is the sole responsibility of the

Proposer to make itself aware of ATL’s responses to written questions the Proposer has submitted. Responses to questions are provided as information only and do not in any way alter the contents of the solicitation inclusive of the Scope of Services, the remainder of the RFP documents, or the Contract. Revisions to the solicitation or to the Contract shall be made only via formally issued addenda. Only such written addenda posted online shall constitute revisions to the solicitation.

http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp https://atltransit.ga.gov/doing-business-with-atl/

2.5 AMENDMENTS TO SOLICITATION (ADDENDA)

The ATL reserves the right to revise or amend the RFP up to the time set for the submission of proposals. Such revisions and amendments, if any, shall be announced by written addenda to the

RFP. If an addendum significantly changes the RFP, the date set for the submission of proposals may be postponed by such number of days that the ATL, in its sole opinion, believes is sufficient to enable potential Proposers to address the revised RFP requirements in their proposals. In any case, the proposal submission deadline shall be at least three (3) business days after the last addendum, and the addendum shall include an announcement of the new date, if applicable, for the submission of proposals. Upon issuance, addenda will be considered part of the RFP and will prevail over inconsistent or conflicting provisions contained in the original RFP. Changes to the

RFP will be made in writing via formally issued addenda.

The ATL will not be responsible for a potential Proposer failing to receive notification of the availability of addenda. EACH PROPOSER IS INDIVIDUALLY RESPONSIBLE FOR

REVIEWING ADDENDA AND ANY OTHER POSTED DOCUMENTS AND MAKING ANY

NECESSARY OF APPROPRIATE CHANGES AND/OR ADDITIONAL TO THE PROPOSER’S

RESPONSE PRIOR TO SUBMISSION. It is the sole responsibility of each potential Proposer to check the ATL and Georgia Procurement Registry websites daily for addenda.

Proposers shall acknowledge receipt of all addenda by completing and submitting Offer

Document #3 (Acknowledgement of Addenda), included in this RFP, as part of its proposal. As with other required documentation, proposals that fail to reference receipt of addenda by inclusion of Offer Document #3 (Acknowledgement of Addenda) may be excluded from consideration for a

Contract award.

2.6 SINGLE RESPONSE TO SOLICITATION

If only one proposal is received in response to this RFP from a single eligible finalist, a detailed cost analysis of the single proposal may be requested of the single Proposer. A cost analysis, evaluation, and/or audit of the proposal may also be performed by ATL in order to determine if the proposal price (if applicable) is fair and reasonable. If ATL determines that a cost analysis is required, the single Proposer must be prepared to provide, upon request, detailed summaries of estimated costs (i.e., labor, equipment, supplies, overhead costs, profit, etc.) and documentation supporting all cost elements.

2.7 CONFIDENTIAL/PROPRIETARY INFORMATION

Any and all materials submitted in response to this RFP are subject to public inspection, pursuant to the provisions of O.C.G.A. § 50-18-70 et seq., Georgia’s Open Records Act, upon completion of the RFP process. Each Proposer will be responsible for clearly identifying and labeling any records contained in its proposal as "trade secret" that the proposer has reasonably determined meet the definition of "trade secret" under Section 10-1-761(4) of the Georgia Code and that the proposer wishes to be exempt from disclosure under Section 50-18-72(a)(34) of the Georgia Code or any other applicable law. The Proposer must attach to its proposal an affidavit affirmatively declaring that specific information in the Records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Georgia Code.

If the ATL receives a request for public disclosure of all or any portion of the materials identified as "trade secrets" in a proposal in accordance with this RFP, before producing such records in response to such request, the ATL shall notify the Proposer of its intention to produce such records. If the ATL decides that the specifically identified information does not in fact constitute a trade secret, it shall notify the Proposer of its intent to disclose the information within ten (10) days unless prohibited from doing so by an appropriate court order. If the Proposer wishes to prevent disclosure of the requested Records, the Proposer may file an action in Fulton County

Superior Court to obtain an order that the requested records are trade secrets exempt from disclosure. The Proposer shall serve the requestor with a copy of its court filing. If the ATL decides that the specifically identified information does constitute a trade secret, ATL shall withhold the records, and the requester may file an action in Fulton County Superior Court to obtain an order that the requested records are not trade secrets and are subject to disclosure.

Proposers are advised that their designation as "trade secret" will not be binding on the ATL or determinative of any issue relating to confidentiality. The ATL will not accept blanket designations that do not clearly identify information and materials that are "trade secrets". The ATL may, in its sole discretion, and subject to compliance with the Open Records Laws and other applicable law, treat the whole of the relevant Section(s)/document(s) that are subject to such a blanket designation as subject to disclosure pursuant to the Open Records Laws.

All material submitted regarding the RFP becomes the property of ATL. Any activity pursuant to this RFP by any Proposer is governed by all applicable laws, including without limitation, Georgia and Federal antitrust laws. The ATL is not responsible to return to a Proposer any or all of the proposal or other information furnished by that Proposer.

In no event will the State, ATL, SRTA, or any of their agents, representatives, consultants, directors, officers or employees be liable to a Proposer or Major Team Member for the disclosure of all or a portion of any proposal submitted in response to this RFP. Nothing contained in this provision shall modify or amend requirements and obligations imposed on ATL or any other State entity by the Open Records Laws or other applicable law, and the provisions of the Open Records

Laws or other laws shall control if there is a conflict between the procedures described above and the applicable law.

2.8 RESERVED RIGHTS

In connection with this solicitation, ATL reserves to itself all rights (which rights are exercisable by ATL in its sole discretion) available to it under its Procurement Policy and applicable law, including without limitation, with or without cause, and with or without notice, the right to:

modify the procurement process or documentation described in this RFP; develop the project in any manner that it, in its sole discretion, deems necessary or desirable, including by modifying the scope of the project; cancel this RFP, or a subsequent RFP, in whole or in part at any time prior to the execution by ATL of the Contract, without incurring any cost obligations or liabilities except as otherwise expressly stated in this RFP or the subsequent RFP; issue a new request for proposals after cancellation of this RFP or a subsequent RFP; not issue an RFP; reject any and all submittals, responses, and proposals at any time;

reject any and all proposals or any portion of a specific proposal for any reason; modify all dates set or projected in this RFP; terminate evaluations of proposals at any time; issue amendments, supplements, and modifications to this RFP; appoint Evaluation Committees to review proposals, and seek the assistance of outside technical experts and consultants in Proposal evaluation;

make independent calculations with respect to numbers and calculations submitted in a Proposal for purposes of its evaluation; revise the evaluation criteria or methodology by issuing an amendment prior to the Proposal Submission Deadline; require confirmation of information furnished by a Proposer, require additional information from a Proposer concerning its proposal and require additional evidence of qualifications or ability to perform the work described in this

RFP; seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFP; add or delete Proposer responsibilities from the information contained in this RFP; negotiate with a Proposer without ATL being bound by any provision of a Proposer's proposal or subsequent Proposal; waive administrative or minor deficiencies in a Proposal, accept and review a non-conforming proposal or permit clarifications or supplements to a Proposal; disqualify any Proposer who changes its proposal without ATL approval; disqualify any Proposer from the procurement process for violating any rules or requirements of the procurement specified in this RFP, the RFP, applicable law, or any other communication from ATL; add to the shortlist of Proposers any Proposer that submitted a

Proposal in order to replace a Shortlisted Proposer that withdraws or is disqualified from participation in this procurement; (as and solely to the extent applicable) adjust the terms of, or not pursue federal financing programs, or adjust the terms of, or not pursue other financing or public funding for the Project on behalf of the Proposers, or otherwise; develop some or all of the

Project itself or through another state or local government entity or entities; disclose information submitted to ATL or SRTA as permitted by applicable law or this RFP; not issue a notice to proceed after execution of the Project Agreement; exercise any other right reserved or afforded to ATL or SRTA under this RFP or a subsequent RFP and applicable law; and exercise its discretion in relation to the matters that are the subject of this RFP as it considers necessary or expedient in light of all circumstances prevailing at the time that ATL considers to be relevant.

This RFP does not commit ATL to enter into the Contract or proceed with the procurement described in this RFP. ATL and the State assume no obligations, responsibilities, or liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to or responding to this RFP, or any subsequent RFP. All such costs shall be borne solely by each Proposer. Except as provided in this RFP, in no event will

ATL be bound by, or liable for, any obligations with respect to the Project until such time (if at all) as the Contract has been authorized by ATL and executed by ATL and then, only to the extent provided in the Contract. No Proposer shall have any cause of action against the ATL arising out of the methods by which proposals are evaluated.

The ATL has the sole right to select the successful proposal(s) for contract award(s); to cancel the solicitation and to advertise for new proposals; to award a contract(s) to other than the

Proposer submitting the lowest cost proposal; to award multiple contracts; or not to award a contract as a result of this RFP. The ATL reserves the right to accept any proposal deemed to be in the best interest of the ATL and to waive any irregularity or informality in any proposal that does not prejudice the ATL or other Proposers. The ATL reserves the right to negotiate with the

Proposer whose proposal is considered by the ATL, and in its sole discretion, to be most advantageous to the ATL.

2.9 PROTEST PROCEDURES

The ATL’s protest policy shall govern this solicitation, and it can be found at:

https://atltransit.ga.gov/procurement/.

2.10 MINORITY BUSINESS PARTICIPATION

The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this solicitation and resulting Contract. It is ATL’s policy to practice nondiscrimination based on age, disability, race, gender, color, sex, religion or national origin in the award or performance of this contract. All companies qualifying under this solicitation are encouraged to submit proposals.

The requirements of this solicitation apply for all Proposers, including those who qualify as a

Disadvantaged Business Enterprise (DBE). ATL’s overall agency goal for participation by DBEs in its federally funded contracts awarded between October 1, 2019, and September 30, 2022, is

9.62%. ATL fully expects DBE participation to meet or exceed the agency goal for this contract.

Proposers with questions regarding DBE certification may contact the Issuing Officer. Additional

Contract requirements related to participation by DBEs are specified in Part 3 – Contract of this

RFP. As an incentive to increase utilization of minority-owned businesses as subcontractors on

State purchases, the State of Georgia provides for an income tax adjustment on the state tax return of any company that subcontracts with a State certified minority-owned firm to furnish goods, property, or services to the State of Georgia. The Tax Incentive Program is codified at

O.C.G.A. §48-7-38 and is managed by the Georgia Department of Revenue.

2.11 ETHICAL STANDARDS

It is a breach of ethical standards for any ATL employee to participate directly or indirectly in a procurement when the employee knows:

➢ The employee or any member of the employee’s immediate family has a financial interest pertaining to the procurement.

https://atltransit.ga.gov/procurement/

➢ A business or organization in which the employee, or any member of the employee’s immediate family, has a financial interest pertaining to the procurement.

➢ Any other person, business, or organization with whom the employee or any member of employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.

ATL employees are also bound by the Georgia Governor’s Executive Order, dated January 14, 2019, for “Establishing a Code of Ethics for Executive Branch Officers and Employees.” The

Executive Order prohibits ATL and ATL employees, or any person acting on their behalf, from accepting, directly or indirectly, any gift from any person with whom the employee interacts on official ATL business. Therefore, it is unlawful for a potential Proposer, or its subcontractors or suppliers, to make gifts or favors to any ATL employee. It is also unlawful for any ATL employee to accept any such gift or favor. In addition, any persons acting as members of the Evaluation

Committee for this procurement shall, for the purposes of this procurement, be bound by the referenced Executive Order.

Throughout the proposal evaluation and award process and subsequent contract negotiations, Proposers shall not discuss or seek specific information about this procurement, including but not limited to, the contents of submissions, the evaluation process, or the contract negotiations, with members of the Evaluation Committee, the ATL Board of Directors, or ATL employees other than the Issuing Officer.

Any prospective Proposer, anyone representing the Proposer, any subcontractor or supplier on the Prospective Proposer’s team, or anyone representing a subcontractor or supplier on the

Proposer’s team who attempts to influence any member of the Evaluation Committee, the ATL

Board of Directors, or ATL or SRTA employees in regards to this solicitation by offering or giving any advantage, gratuity, discount, bribe, or loan to any member of the Evaluation Committee, the

ATL Board of Directors, or ATL or SRTA employees will have its proposal removed from consideration for Contract award.

2.12 ADA GUIDELINES

The ATL adheres to the guidelines set forth in the Americans with Disabilities Act. Proposers should contact the Issuing Officer at least one day in advance if they require special arrangements when attending any Pre-Proposal Conference (if applicable). The Georgia Relay Center at 1-800-

255-0056 (TDD only) or 1-800-255-0135 (Voice) will relay messages, in strict confidence, for the speech and hearing impaired.

2.13 CONTRACTUAL RELATIONSHIPS

The ATL intends to execute a Contract, attached as Part 3 of this RFP. The selected Contractor’s contractual responsibility must solely rest with one firm or legal entity, which shall not be a subsidiary or affiliate with limited resources. Proposer’s Proposal Letter, included as Offer

Document #2 of this RFP, must clearly indicate the firm or entity responsible for contract execution.

2.14 SMALL BUSINESS PARTICIPATION

The ATL strongly supports the participation of small business owners in its contracts. It is the policy of the ATL to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. It is the intention of the ATL to create a level playing field on which Small Businesses can compete fairly for contracts and subcontracts relating to its construction, procurement, and professional services activities in compliance with the requirement of 49 C.F.R. 26.39.

2.15 PROPOSAL WITHDRAWAL AND/OR REVISION FOLLOWING SUBMISSION

A submitted proposal may be withdrawn and changes to a submitted proposal can be made prior to the Proposal Submission Deadline. In the event a Proposer notes an error or omission in its response which was overlooked prior to submitting the proposal, the Proper may contact the

Issuing Officer to request the proposal withdrawn. Once the Proposer’s response is withdrawn, the ATL has no response from the Proposer. Unless and until the Proposer resubmits the received response, the ATL will have no offer from the Proposer to evaluate for possible Contract award.

Any resubmission must the received by the ATL no later than the Proposal submission deadline.

2.16 PROPOSER CONFLICTS OF INTEREST

Proposer must disclose in detail, with the Proposal, anything that may create a conflict or appearance of a conflict of interest. For purposes of this RFP, “conflict of interest” means any situation or circumstance arising out of existing or past activities, business interests, familial relationships, contractual relationships, or organizational structure (i.e., parent entities, subsidiaries, affiliates, subconsultants, etc.) or litigation where: 1.) Proposer, a key team member or key personnel could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of the ATL or SRTA’s independent judgment; or 2.) could or could be seen to compromise, impair or be incompatible with the effective performance of its obligations under the resulting Contract.

Required disclosures include, but are not limited to: 1.) any current contractual relationships with the ATL, SRTA, Cobb County or any of their employees or board members; 2.) any past, present or planned contractual or employment relationships with any officer or employee of the ATL, SRTA or Cobb County; and 3.) any other circumstances that might be considered to create a financial interest in the Contract by any ATL, SRTA , Cobb County or any of their respective employees or board members if Proposer is awarded the Contract. The foregoing list is a demonstrative list and shall constitute a limitation on the Proposer’s disclosure obligations.

The ATL, in its sole discretion, will make a determination relative to a real or perceived potential conflict for a Proposer and its ability to mitigate such a conflict. A Proposer found to have a

Conflict of Interest that cannot be mitigated, as determined in the sole discretion of ATL, shall not have its proposal submission evaluated for Contract Award.

Failure to comply with the requirements in this Section 2.16 or to abide by the ATL’s determination in this matter may result in the ATL disqualifying the Proposer from submitting a proposal, disqualifying the offending team member from participating on a Proposer’s team or, following submission of a proposal, discontinuing further consideration of such Proposer and its proposal.

Conflicts of interest that arise after the Proposal submission deadline, but before the Notice of

Award, must be disclosed in detail in writing to the Issuing Officer.

2.17 CONTRACTUAL PROVISIONS

The ATL shall execute the Contract, to be provided in this RFP process, with the successful

Proposer for the provision of the required services with the selected Contractor(s). The selected

Contractor’s contractual responsibility must solely rest with one legal entity, which shall not be a subsidiary or affiliate with limited resources. Proposer’s Proposal Letter, included as Offer

Document #2 of this RFP, must clearly indicate the firm or entity responsible for contract execution.

The ATL shall not be a party to agreements between the selected Contractor and/or any subcontractors it may choose to employ during fulfillment of the Contract. Additional contract requirements related to subcontractors are specified in the Contract.

2.18 REGISTERED LOBBYISTS

By submitting a response to this RFP, the Proposer hereby certifies that the Proposer and its lobbyists are in compliance with the Lobbyist Registration Requirements in accordance with the

Georgia Government Transparency and Campaign Finance Commission.

2.19 RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS

Proposer’s products, services, and facilities shall be in full compliance with all applicable federal, state, and local laws, regulations, ordinances, and standards regardless of whether or not they are referred to in this RFP.

2.20 CONDITIONAL PROPOSALS

Terms and conditions attached to a proposal by a Proposer and made a condition of Contract execution may render the proposal non-responsive and may be rejected by the ATL.

2.21 PERIOD THAT PROPOSALS REMAIN VALID

Each Proposer agrees that proposals will remain firm for a period of one hundred and eighty (180) calendar days beginning with the date that cost proposals are opened. Following the deadline for proposal submission, no proposal may be withdrawn for a period of 180 calendar days.

Requests for withdrawal of proposals after 180 calendar days following the deadline for proposal submission must be submitted to ATL in writing (defined as being sent or received via letter or on official firm/agency letterhead or by electronic mail). Such requests for withdrawal of proposals must be submitted in writing to the attention of Issuing Officer.

2.22 ATL’S RIGHT TO REQUEST ADDITIONAL INFORMATION-CONTRACTOR

RESPONSIBILITY

Prior to award, ATL must be assured that the selected Contractor has all of the resources to successfully perform under the Contract. This includes, but is not limited to, adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the on-going needs of ATL, financial resources sufficient to complete performance under the

Contract, and relevant experience in similar endeavors. If such information is required, the

Contractor will be so notified and will submit the information requested within the time requested by ATL.

2.23 SALES AND USE TAXES

The ATL is exempt from paying sales and use taxes. All pricing (if applicable) provided in response to this RFP shall exclude sales and use taxes.

2.24 PROPOSAL PREPARATION COSTS

Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete proposal. All costs of proposal preparation, attendance at any pre-proposal and/or pre-award meetings, and any other pre-award costs shall be at Proposer’s sole cost and expense. The ATL will not provide reimbursement for any costs associated with proposal preparation.

2.25 LACEHOLDERS

If a Proposer does not include information or materials in its proposal that are described in the relevant submittal requirements in Section 3 because the required information or materials are not applicable to that Proposer, the Proposer must include in the relevant Section in its proposal a statement to the following effect: "Section[s] [__] of the ------ do[es] not apply because [Proposer to insert brief explanation]."

3. REQUIRED PROPOSAL CONTENTS (DELIVERABLES)

All proposals must include a table of contents with page numbers and sufficient detail to facilitate easy reference to all requested information. Proposer shall not utilize a font size smaller than 10-point font or have text margins that are less than 1-inch. Graphics or images may exceed 1-inch margins.

To be eligible for evaluation by the ATL as a complete, responsive proposal, proposals submitted to the ATL must contain all the following documents, properly signed by an authorized representative, and fully completed by the Proposer. Proposers shall arrange documents in the following order:

3.1 Complete Proposal Checklist

This document serves as a checklist for Proposers to ensure that their proposal is complete and ready for submission to the ATL. The document is used by the ATL during the evaluation of responsiveness of proposals. This document must be fully completed, signed by an authorized representative, and submitted with the proposal. Blank checklist form is provided as Offer Document #1 of this RFP.

3.2 Proposal Letter

This document summarizes the acknowledgements and representations made by agreed to by the Proposer regarding its proposal. This document must be fully completed, signed by an authorized representative, and submitted with the proposal. Blank form is provided as Offer Document #2 of this RFP.

3.3 Acknowledgement of Addenda to RFP

This document must be fully completed, signed by an authorized representative, and submitted with the proposal. If no addenda to the RFP were issued by the ATL, Proposer must still complete the form and include it in its proposal. Blank form is provided as Offer Document #3 of this RFP.

3.4 Proposer Information Form

This document summarizes key information about the Proposer for the ATL’s assistance and reference during evaluation of the proposals including:

• Contact Information for Proposer

• Corporate information

• Brief description of the Proposer (brief history, number of employees, lines of business, areas of specialization, office locations, organization, gross revenue, net income and loss for the current and prior year, parent company (if applicable), recent litigations and outcomes, litigation currently underway, etc.)

• List of references for whom Proposer has performed similar services in the past five years

The ATL may contact the references listed on this document as part of its evaluation of proposals. References provided should have the proposed services currently deployed or have deployed the services within the past five years.

If Proposer is a certified DBE, proof of DBE certification must accompany this document.

This document must be fully completed, signed, and submitted with the proposal. Blank form is provided as Offer Document #4 of this RFP.

3.5 Proposer Certifications

This document must be fully completed, signed, and submitted with the proposal. Blank form is provided as Offer Document #5 of this RFP.

3.6 Project Team Structure, Experience, and Service Approach

This document shall be provided by the Proposer as a narrative description of the Proposer’s qualifications and experience relative to the Scope of Services. This narrative description shall include the appropriate use of headings and subheadings, below, that address, at minimum, the following elements:

3.6.1 Proposed Statement of Services Proposed (refer to Scope, addressing items as appropriate)

3.6.2 Brief description of team and organizational chart for this Service Scope with name of lead firm and any proposed sub-contractors

3.6.3 Listing of key project personnel and their qualifications in order of proposed relevance to the scope.

3.6.4 Identify the adequacy of the firm’s resources, including personnel, labor, equipment, and supplies, and the ability to gather resources in the service area.

3.6.5 Description of the firm’s demonstrated relevant experience and technical expertise started and/or completed within the last five years in performing work of a similar nature to this Scope of Services, specifically the provision and implementation to any transit agency, state DOT, or other transportation entity, and the participation in such work by the key personnel proposed for assignment to this project.

3.6.6 Proposed approach in response to the scope, demonstrating understanding of the ATL’s needs, the region’s needs, and ability to offer innovative inspection solutions

3.6.7 Any special or unique benefits that the proposed team and/or its approach brings to the Service Scope.

3.6.8 Any portions of the Service Scope that the Proposer believes cannot be performed;

Proposer shall identify such areas with specificity and provide the rationale regarding Proposer’s inability to perform such services

3.6.9 Geographic location of the Contractor’s office performing the work. Include any intent/prospective plans for adding location to perform scope.

The maximum pages allowed for each Section 3.6 response submitted is 10 pages. The format of the document(s) shall follow the headings and sub-headings nomenclature for

3.6 but shall otherwise be at the discretion of Proposer; however, font size no smaller than 10 pt. with margins no less than 1 inch and printed/printable on 8.5 x 11 size paper.

Proposer shall label this document as Offer Document #6 in its proposal.

3.7 Past Performance

3.7.1 Provide at least three (3) references from relevant previous clients for performance of similar and relevant scopes to that described herein.

3.7.2 Provide references which indicate level of adherence to service budgets/rate schedules and project schedules (intended vs. final) and/or information on performance review or variance evaluation.

The maximum pages allowed for Section 3.7 is 5 pages. The format of the document(s) shall follow the headings and sub-headings nomenclature for 3.7 but shall otherwise be at the discretion of Proposer; however, font size no smaller than 10 pt. with margins no less than 1 inch and printed/printable on 8.5 x 11 size paper. Proposer shall label this document as Offer Document #7 in its proposal.

3.8 PRICE PROPOSAL- To be Separately SEALED from other Offer Documents and

Submitted as a separate PDF file with the electronic (USB drive) Submittal. Provide complete pricing of each Task of the Scope of Services. Proposers may choose their own format for pricing, provided that the Price Proposal clearly delineates the complete price of the tasks, with appropriate itemization of the costs of disciplines utilized in performing inspection services and ratings of equipment. Please provide annual not-to-exceed totals of service costs and escalation rates (if any) for all years which in which services could possibly be performed, for the ATL to derive TOTAL Initial Term and projected total potential term costs. Provide variable proposed increases for individual bus equipment which ATL may potentially add to the scope.

The maximum pages allowed for Section 3.8 is 6 pages. The format of the document(s) shall follow the headings and sub-headings nomenclature for 3.8 but shall otherwise be at the discretion of Proposer; however, font size no smaller than 10 pt. with margins no less than 1 inch and printed/printable on 8.5 x 11 size paper. Proposer shall label this document as Offer Document #8- PRICE PROPOSAL, and separately-sealed.

3.9 Contract Affidavit under O.C.G.A § 13-10-91(b)(1)

This document must be fully completed, signed by an authorized representative, notarized, and submitted with the proposal. Blank form is attached as Offer

Document #9 of this RFP.

3.10 Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3)

and submitted with the proposal. If any identified subcontractor is a certified DBE, proof of DBE certification must accompany this document. Blank form is attached as Offer Document #10 of this RFP.

3.11 Subcontractors and DBEs

and submitted with the proposal. If any identified subcontractor is a certified DBE, proof of DBE certification must accompany this document. Blank form is provided as Offer Document #11 of this RFP.

3.12 Certification Regarding Suspension and Debarment

and submitted with the proposal. Blank form is provided as Offer Document #12 of this RFP.

3.13 Certification Regarding Lobbying

and submitted with the proposal. Blank form is provided as Offer Document #13

3.14 Non-Collusion Affidavit

and submitted with the proposal. Blank form is provided as Offer Document #14

3.15 Anti-Boycott, Divestment and Sanctions against Israel Certification and submitted with the proposal. Blank form is provided as Offer Document #15

3.16 Statement of Responsibility

and submitted with the proposal. Blank form is provided as Offer Document #16

3.17 Sales and Use Tax Compliance Form

and submitted with the proposal. Blank form is attached as Offer Document #17

4. PROPOSAL EVALUATION AND CONTRACT AWARD

4.1 EVALUATION COMMITTEE

This Committee shall be composed of qualified persons approved by the ATL to review and evaluate respondent firms’ submittals. The ATL intends to appoint persons to the

Committee comprised of qualified representatives or stakeholders of the ATL and/or the Service Scope. The Committee shall, through the procedures defined herein, perform the following: a) Scoring/Ranking of all technical proposals; b) Potentially interview finalist firms for final Technical Score; and c) Provide final Technical scoring to be used in determination of potential awardees, using criteria herein, and the application of Price Proposal evaluation.

4.2 EVALUATION AND AWARD PROCESS

All proposals shall be evaluated by the Evaluation Committee. Proposals and evaluations will be kept confidential throughout the evaluation and award process. Only the members of the Evaluation Committee and other ATL staff having a legitimate work-related interest will be provided access to the proposals and evaluation results during the evaluation and award process. Proposals will be evaluated, and contracts may be awarded in accordance with the following process:

4.2.1 Evaluation of Proposals by the Issuing Officer

Proposals will first be evaluated by the Issuing Officer for responsiveness in accordance with the standard set forth above. Only those proposals that are determined to be responsive shall be evaluated for Proposer responsibility.

4.2.2 Evaluation of Proposals by the Evaluation Committee

Proposers who submitted responsive proposals will be evaluated by the Evaluation Committee for responsibility in accordance with the standard set forth above.

A responsible Proposer is one that the ATL believes to be responsible based on the responses provided on the Proposer’s Offer Documents and/or based on Contractor’s responses to the requirements of the RFP. The ATL reserves the right to conduct additional due diligence into any Proposer’s responsibility status. Such due diligence may include investigations into any of the items set forth in the submittedofferdocuments.

4.2.3 Scoring of Proposals by the Evaluation Committee

Proposals that are determined to be responsive and submitted by responsible Proposers shall be further evaluated by the Evaluation Committee to determine the Proposal(s) that is/are most advantageous to the ATL. The Evaluation Committee will review each proposal to determine its compliance with the RFP technical requirements. All proposals which are considered responsive proposals will be scored in accordance with the scoring criteria detailed below:

Phase 1 – Technical Evaluation Criteria (100 point maximum)

▪ Suitability – Effective and substantive experience of the firm in the provision of similar services within the categories under consideration, with emphasis on the ability to gather and provide resources and experienced personnel as appropriate for the Service. Proposer Demonstration of past and projected DBE participation with respect to stated goals will be a part of this evaluation. Effective description of the how the proposed services especially fit the needs of the ATL will also be a part of the Suitability Category evaluation. [25-point maximum]

▪ Qualifications of Key Personnel – Qualifications, relevant competence, and availability of proposed key personnel. Proposers must present sufficient and competent staff, the capacity to complete the work in a timely manner and appropriate personnel assignments to administer inspections. [25-point maximum]

▪ Project Understanding and Unique Concepts or Innovative Ideas – Understanding of the bus transit program, and demonstration of unique concepts or innovative ideas to improve the critical fleet inspections for the ATL region, and demonstration of understanding the statutory requirements of the ATL for equipment standards. [25-point maximum]

▪ Fleet Inspection Experience – Firm’s and personnel’s experience in providing services with ATL and similar to those described in this RFP.

Proven experience of the proposed team to effectively manage large-scale inspection programs, and their sub-contractors. [25-point maximum]

Phase 2 – Oral Presentations (30 point maximum)

The ATL may elect to invite firms for oral presentations. Should the ATL elect to conduct oral presentations, the basis for selecting Proposers to be invited for oral presentations will be the written technical scores assigned to each invited Proposer. Proposers that are invited for interviews may earn up to 30 points based on the quality of the oral presentation. Detailed Criteria for Interviews may be issued to all invitees with prior official notice.