VIRGINIA RAILWAY EXPRESS

Transcription

1 VIRGINIA RAILWAY EXPRESS REQUEST FOR PROPOSALS (RFP) BANKING SERVICES FOR THE VIRGINIA RAILWAY EXPRESS AND THE POTOMAC AND RAPPAHANNOCK TRANSPORTATION COMMISSION Page 1 of 38 RFP Issued: June 30, 2008 Deadline for Submitting Questions: July 15, 2008 at 10:00 A.M. EST. (See Page 19) Proposals Due: July 31, 2008 at 10:00 A.M. EST. (See Page 29) Personal Interviews (optional): August 20, 2008 at 1:00 P.M. 5:00 P.M. (See Page 15) & August 21, 2008 at 9:00 A.M. 12:00 P.M. (See Page 15) Contact: Ms. Gerri Hill, Manager Telephone: (703) Contract Administration Fax: (703) Virginia Railway Express ghill@vre.org 1500 King Street, Suite 202 Alexandria, VA 22314

2 TABLE OF CONTENTS SECTION TITLE STARTING PAGE PART I - SCHEDULE 3 A Purpose/Background 4 B Scope of Services 6 C Special Terms and Conditions 12 PART II - EVALUATION CRITERIA, CONTRACT AWARD 13 AND CONTRACT EXECUTION D Evaluation Criteria 14 E Contract Award 15 F Contract Execution 17 PART III NOTICES, GENERAL INFORMATION, INSTRUCTIONS 18 AND CONDITIONS G Notices to Offerors 19 H General Information About the RFP 20 I General Instructions and Conditions 22 PART IV- PROPOSAL PREPARATION AND REQUIREMENTS 27 J Submission Requirements 28 K Technical Proposal Requirements 30 L Cost Proposal Requirements 33 PART V - DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 35 M Exhibits 36 N List of Attachments 38 2

3 PART I SCHEDULE SECTION TITLE A B C Purpose/Background Scope of Services Special Terms and Conditions 3

4 SECTION A PURPOSE/BACKGROUND A.1 PURPOSE The purpose of this Request for Proposals (RFP) is to establish two (2) Contracts for the provision of banking services for the Virginia Railway Express (VRE) and the Potomac and Rappahannock Transportation Commission (PRTC). A.2 BACKGROUND A. The Virginia Railway Express (VRE) operates commuter rail service to the District of Columbia from Northern Virginia. The Northern Virginia Transportation Commission (NVTC) and the Potomac and Rappahannock Transportation Commission (PRTC) jointly sponsor this service. B. VRE began operations in During the last complete fiscal year, VRE operated 30 trains and serviced an average daily ridership of 13,982. There is no service on Saturdays or Sundays. VRE s financial statements are available at C. In addition, growth and service changes have added many new facilities and infrastructure enhancements to VRE s program of projects. VRE is committed to continue infrastructure improvement as future growth of the VRE will depend upon service reliability and the ability to expand to accommodate additional passengers. D. PRTC includes five (5) member jurisdictions: the counties of Prince William and Stafford, as well as the cities of Fredericksburg, Manassas, and Manassas Park. Each PRTC member jurisdiction earns 2% motor fuel tax revenues collected by the Virginia Department of Taxation and remitted to PRTC monthly. These funds are separately maintained by PRTC for the benefit of each member jurisdiction and are used to pay administrative costs of PRTC and transportation projects operating or originating within a particular jurisdiction. These jurisdictional funds are held in PRTC accounts at the Local Government Investment Pool and are not part of this procurement. 4

5 E. In addition, PRTC provides commuter express bus service, OmniRide, to the Washington, DC metropolitan area from suburban communities located 25 to 40 miles away. PRTC also provides connector services to end-line Metrorail stations (Metro Direct), a cross-county route, and, OmniLink, a local bus service. PRTC currently has a contractual agreement with First Transit to operate the commuter and local bus service. PRTC provides a maintenance facility and equipment for these services, and First Transit hires labor and manages the day-to-day operations. PRTC s financial statements are available at 5

6 SECTION B SCOPE OF SERVICES B.1 GENERAL REQUIREMENTS A. The selected bank is referred to herein as either the Bank or Contractor. Therefore, the words will be used interchangeably. B. Banking services shall be provided to VRE and PRTC as wholly separate entities. If services are only needed by one of the organizations, this is so noted. C. The Bank shall comply with the General Terms and Conditions included in ATTACHMENT N.1 herein this solicitation. D. The Bank must be a qualified public depository as defined in the Virginia Security for Public Deposits Act (Section et seq of the Code of Virginia). E. VRE shall maintain a single operating account. The operating account shall fund disbursements, checks presented for payment on a daily basis, wire transfers, and ACH debits. Checks presented for deposit shall not be encoded. F. PRTC currently maintains one (1) operating cash account, which funds disbursement checks presented for payment on a daily basis, wire transfers, and other electronic/ach transactions. In addition, PRTC maintains a Zero Balance Account (ZBA) for payroll, and a bank account for flexible benefits. A PRTC bank account for regional SmarTrip activity became active beginning in March 2008 with the use of SmarTrip cards on PRTC s buses. G. Payroll Services: PRTC processes payroll for its employees as well as VRE s. PRTC currently uses an outside payroll service but is anticipated to begin processing payroll internally sometime during calendar year As of June 30, 2007, there were 47 PRTC employees and 38 VRE employees. The Bank will need to be able to handle the necessary ACH transactions for direct deposit and tax withholdings. 6

7 H. Electronic Fund Transfers: The Bank shall accept electronic fund transfers from the Commonwealth of Virginia, the Treasury of the United States or any other source. Notification of wire transfer debits or credits shall be provided to VRE or PRTC in writing. I. Interest Earnings: The Bank shall provide a mechanism for interest earnings on excess cash balances, after minimum compensating balance requirements are met, if applicable. See SECTION L COST PROPOSAL REQUIREMENTS. J. Investments: If VRE or PRTC choose to place investments through their own investment program, the Bank shall serve as an investment custodian and accept and hold purchased securities on behalf of VRE or PRTC, as requested. K. Collateral: The Bank shall pledge collateral security as specified by Virginia law. Acceptable security and specific regulations regarding collateral requirements are outlined in the Virginia Security for Public Deposits Act, set forth by the Commonwealth of Virginia Treasury Board. In the event of non-compliance with this Act, the VRE Chief Financial Officer and the PRTC Director of Finance shall be notified in writing within fourteen (14) calendar days. L. Checks: The Bank will provide VRE and PRTC with an on-line image of the back and front of all cancelled checks. In addition, a searchable CD of these images shall be provided at the end of the month. The Bank shall notify VRE and PRTC of all returned checks. When possible all returned checks shall be automatically redeposited. M. On-Line Access: The Bank shall provide on-line access for daily reporting of account balances and activities, wire transfer origination, stop payment orders on checks, requests for copies of checks and approval of positive pay exceptions. 7

8 N. Positive Pay Services: The Bank shall provide positive pay services for VRE. Upon award of the Contract, the Bank shall provide VRE with file layouts and all other assistance to implement positive pay. PRTC does not use positive pay but may consider implementing this service sometime during the term of the Contract. O. Reconciliation Services: The Bank shall provide full reconciliation services on a monthly basis for all accounts specified in the proposal. Reconciliation shall include the following minimum requirements: 1. Listing of paid items (check number in ascending order within its series, total amount paid in series, amount paid, date paid) 2. Recap of daily-posted items to the operating account furnished with monthly statement of this account. 3. If requested, the bank shall transmit a file for the operating account that shows which checks have cleared. This file will be integrated with the financial accounting software package for reconciliation. P. Account Analysis Report: The Bank shall supply an account analysis report on a monthly basis. The minimum requirements for this report shall be as follows: 1. Average Book Balance; 2. Average Collected Balance; 3. Average Allowance Rate; 4. Transaction Volumes; and 5. Transaction Prices. Q. Escrow Services: The Bank will serve as escrow agent in those instances when funds must be held in a segregated account and released in accordance with an escrow agreement with a third party. 8

9 R. Cash Vault Services for PRTC: PRTC is currently in a transitional phase with its cash vault deposits. Prior to June 2007, passengers purchased tokens on the buses, at the PRTC Transit Center, or at one of several sales locations. PRTC s bus contractor, First Transit, would then count the currency, coins and checks and deliver daily deposits to PRTC s banking institution via an armored car service. Beginning in June 2007, First Transit s armored car service was responsible for picking up, counting and depositing vaulted cash. The counted monthly average was $225,000. In March 2008, PRTC began accepting SmarTrip farecards on all PRTC buses resulting in a substantial decrease in cash volume. Commencing July 2008, deposits will either be counted by First Transit or counted by the armored car service and delivered by armored car service to the banking institution. Monthly cash volume is currently $130,000 and expected to decrease as customers migrate to SmarTrip. PRTC may place currency and coin orders with the banking institution for delivery to PRTC via the armored car service. S. Line of Credit Facility: VRE shall maintain a guidance line of credit of up to $1 million to meet its short term borrowing needs. T. Bank Location for VRE The Bank shall have a convenient branch office accessible to VRE s Executive Office located at 1500 King Street, Alexandria, VA. U. Bank Location for PRTC The Bank must maintain a home office or a full service branch office conveniently accessible to PRTC s Transit Center located at Potomac Mills Road, Woodbridge, VA B.2 ADDITIONAL SERVICES OFFERED BY THE BANK The Bank may offer services beneficial to VRE and PRTC that are not outlined in this RFP. These services shall be included in the Bank s technical proposal with an explanation of the cost of the service, if any. 9

10 B.3 NO COST SERVICES OFFERED BY THE BANK Other banking services and documents not detailed in the cost proposal shall be provided to VRE and PRTC at no cost. Such services shall include the availability of the bank staff to consult with VRE and PRTC staff concerning bank service performance. Such documents shall include, but not be limited to, the following: 1. deposit slips; 2. deposit bags; 3. advice, stop payment forms; and 4. cashier checks and endorsement stamps. B.4 OPTIONAL SERVICES A. Purchasing Cards: VRE and/or PRTC may choose to use the purchasing card program of the Bank to replace the credit cards currently issued to certain employees. B. Credit Card Merchant Services: PRTC accepts credit card payments at its Transit Center for sales of passenger fare media and currently uses a merchant services provider that is different than its banking institution. As an option, PRTC will consider awarding these services as a result of this RFP process. The monthly activity prior to the acceptance of SmarTrip cards in March 2008 was approximately 150 transactions for an estimated $8,000. C. Investment Services: As an option, PRTC would like to receive proposals for investment of PRTC s portfolio in compliance with the Code of Virginia and in compliance with the PRTC investment policy, which shall be updated after an investment strategy is selected. The Bank would need to provide for and assure liquidity sufficient to maintain PRTC s operational requirements. As part of its investment services, the Bank must provide, at a minimum, reports on a monthly basis. Below is PRTC s monthly average operating cash balance during fiscal years FY06 FY08 (amounts in millions): 10

11 MONTHS FY06 FY07 FY08 July August September October November December January February March April May June

12 SECTION C SPECIAL TERMS AND CONDITIONS C.1 TERM OF CONTRACT The term of the Contracts shall be for three (3) years with an option to extend for one (1) additional two-year option period. The Contracts shall commence on the date the Notice-To-Proceed is issued. The exercise of the Contract option will be at the sole discretion of VRE or PRTC. The Contracts will be extended by VRE or PRTC under the terms and conditions of the original Contracts. C.2 REGULATORY COMPLIANCE WITH LAWS AND PERMITS The Contractor agrees it shall comply with all applicable Federal, State and Local regulations. C.3 LITIGATION AND NOTIFICATION The Contractor shall notify VRE and PRTC if any of the following occur: A. The Contractor is served with notice of violation of any law, regulation, permit or license which relates to this Contract; B. Proceedings are commenced which could lead to revocation of related permits or licenses; C. Permits, licenses or other Government authorizations relating to this Contract are revoked; D. Litigation is commenced which would affect this Contract; and E. The Contractor becomes aware that their equipment or facilities or actions are not in compliance or may fail to comply in the future with applicable laws or regulations. 12

13 PART II EVALUATION CRITERIA, CONTRACT AWARD AND CONTRACT EXECUTION SECTION TITLE D E F Evaluation Criteria Contract Award Contract Execution 13

14 D.1 EVALUATION CRITERIA SECTION D EVALUATION CRITERIA The Selection Committee will review and evaluate all proposals using the following criteria and weighting scheme: Evaluation Criteria Point Value 1. Qualifications of the bank, including financial health, and experience in providing banking services to comparable governmental organizations Qualifications and experience of the personnel directly involved in the delivery of banking services to VRE and PRTC Understanding of issues and tasks as depicted in the RFP Cost of services, including period for which cost of services is guaranteed References from parties to whom comparable banking services have been provided Full service bank branch location, including availability for personal service and consultation. 7. Best efforts to employ certified disadvantaged business enterprises and small, women and minority owned businesses TOTAL

15 SECTION E CONTRACT AWARD E.1 AWARD SELECTION A. VRE and PRTC anticipate awarding two (2) separate Contracts. Offerors will be rank ordered. Selection shall be made of one (1) or two (2) Offerors deemed to be the best for the services on the basis of the evaluation factors. B. A selection panel will review the proposals using written score sheets. As the panel may require a personal interview with the three (3) highest ranked Offerors, the date and time specified on Page 1 of this RFP shall be reserved for possible interviews. Interviews will be held at the VRE Offices, 1500 King Street, Suite 202, Alexandria, Virginia C. The interview will provide an opportunity for the Offeror to clarify their proposal in response to questions from the Selection Committee. This is a fact-finding and explanation session only and does not include negotiation. D. As the interviews are optional for VRE and PRTC, Offerors should treat their proposals as a final product. E. Negotiations shall commence with the selected Offeror(s) in order to achieve a binding price and agreement on contract terms. If negotiations with the top-ranked Offeror are not successful, discussions will commence with the next highest ranked Offeror, and negotiations will continue in this manner until an agreement is reached. F. The award document will be a Contract incorporating by reference the Request for Proposals, Terms and Conditions, Contract Provisions, and the Contractor s proposal as negotiated. G. VRE may cancel this RFP or reject proposals at any time prior to an award and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous (Code of Virginia, D). 15

16 E.2 NOTICE OF INTENT TO AWARD In addition to any verbal notice that VRE may make to Offerors, proposal results will be posted on the VRE Website at VRE will post the Notice of Intent to Award on its website for a minimum of ten (10) days. Notice of Intent to Award shall not be construed as a Notice-To-Proceed (NTP). E.3 NOTICE OF AWARD A Notice of Award will be posted on the VRE website at The successful Offeror will be notified in writing. 16

17 SECTION F CONTRACT EXECUTION F.1 EXECUTION OF CONTRACT A. The successful Offeror shall execute and deliver the Contract to VRE and PRTC not later than ten (10) calendar days after receipt of the Contract and Notice of Intent to Award. B. The Contract shall be in writing and shall be executed in the number of copies required by VRE and PRTC. One fully executed original shall be delivered to the Contractor. F.2 FAILURE TO EXECUTE CONTRACT Should the successful Offeror fail to execute the Contract within ten (10) calendar days after receipt VRE and PRTC may, at their option, determine that the Offeror has abandoned the Contract, and thereupon the proposal and acceptance shall be null and void. VRE and PRTC may also seek all available remedies at law and equity. F.3 NOTICE-TO-PROCEED A Notice-To-Proceed (NTP) will be issued separately once the Contract has been executed. Contract performance shall begin on the date set forth in the written Notice-To-Proceed. 17

18 PART III NOTICES, GENERAL INFORMATION, INSTRUCTIONS, AND CONDITIONS SECTION TITLE G H I Notices To Offerors General Information About the RFP General Instructions and Conditions 18

19 SECTION G NOTICES TO OFFERORS G.1 QUESTIONS, INQUIRIES, OR REQUESTS FOR CLARIFICATION A. Any explanation desired by Offerors regarding the meaning or interpretation of this RFP, specifications and other Solicitation documents must be submitted to the VRE Contract Administration Manager, in writing, via , or by fax no later than the date and time specified on Page 1 of this RFP. B. Questions and answers will be posted on VRE s website at and PRTC s website at C. It shall be the obligation of the Offeror to exercise due diligence to discover and to bring to the attention of VRE, at the earliest possible time, any ambiguities, discrepancies, inconsistencies, or conflicts in or between any of the technical, pricing, or contractual provisions in the RFP. Failure to examine this RFP shall not relieve an Offeror of obligations with respect to the resulting Contract. D. Any interpretation of a question made by VRE and PRTC will be in the form of an addendum to the RFP and will be available to all interested Offerors through the VRE and PRTC websites. 19

20 SECTION H GENERAL INFORMATION ABOUT THE RFP H.1 PROPOSAL PREPARATION COSTS This RFP does not commit VRE or PRTC to an award, nor to pay any costs associated with the preparation and/or submission of any proposal. VRE and PRTC shall not reimburse any costs incurred by Offerors in responding to this RFP or in competing for Contract award. H.2 MODIFICATION OF PROPOSAL CLOSING DATE VRE reserves the right to modify the proposal closing date and/or time. If Offerors have already submitted their proposals to VRE when the proposal closing date and/or time are modified, VRE will afford those Offerors the opportunity to revise or withdraw their proposals. H.3 ADDENDA VRE may issue addenda to the RFP. Addenda, if any, will be issued at least five (5) calendar days prior to the proposal closing date. Any addendum issued less than five (5) days prior to the closing date will, if necessary, contain a provision modifying the proposal closing date to a date that will provide Offerors adequate time to respond to the addendum. H.4 CANCELLATION/WITHDRAWAL OF RFP VRE reserves the right to cancel or withdraw in whole or in part this RFP at its sole discretion. Offerors will be notified in the event the RFP is cancelled via the VRE website. 20

21 H.5 WAIVER OF INFORMALITIES VRE reserves the right to waive informalities and minor irregularities in proposals. H.6 DISPOSITION OF PROPOSALS Offerors proposals will not be returned. VRE will retain the original proposal for the contract file and destroy the remaining copies. 21

22 SECTION I GENERAL INSTRUCTIONS AND CONDITIONS I.1 AVAILABILITY OF SOLICITATION DOCUMENTS The electronic versions of our solicitation documents are intended to provide convenience to you. Be advised that it is the responsibility of the prospective Offerors to monitor the VRE and PRTC websites for any addenda, notices or postings. Failure to submit signed addenda may be grounds to declare your offer non-responsive. The RFP can be downloaded from the website and submitted the same as if a hard copy of the solicitation had been requested from VRE. I.2 WRITTEN COMMUNICATIONS A. VRE will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in this RFP, the specifications, or related documents or addenda thereto. B. Oral explanations or instructions given before the award of the contract will not be binding. I.3 WITHDRAWAL OF PROPOSAL PRIOR TO CLOSING DATE The Offeror may request withdrawal of its proposal under the following circumstances: A. Proposals may be withdrawn by written notice from the Offeror to VRE s Contract Administration Manager, prior to RFP closing date and time. The withdrawal shall be made by the person signing the proposal or by an individual(s) who is authorized by the Offeror. The Offeror must provide written evidence of the individual s authority to withdraw the proposal if the individual withdrawing the proposal is other than the person signing the proposal. Proposals may be withdrawn no later than two (2) business days prior to the closing date. B. Requests for withdrawal of proposals after opening of such proposal but prior to award shall be transmitted to VRE s Contract Administration Manager, in writing, 22

23 accompanied by full documentations supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. C. Proposals may be withdrawn for good cause after the closing date and prior to award. No Offeror who is permitted to withdraw a proposal shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn proposal was submitted. I.4 LATE PROPOSALS Proposals received after the proposal closing date and time shall not be considered. Late proposals will be returned to the Offeror UNOPENED, if the solicitation number, closing date and Offeror s return address is shown on the package. I.5 WITHDRAWAL OF PROPOSALS AFTER PROPOSAL OPENING A. An Offeror may withdraw his proposal from consideration if the price/cost proposal was substantially lower than the other proposals due solely to a mistake therein, provided the proposal was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a proposal, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the proposal sought to be withdrawn. B. The Offeror shall give notice in writing of his claim of right to withdraw his proposal along with his original work papers, documents, and materials used in the preparation of the proposal to the VRE Contract Administration Manager, within two (2) days of the conclusion of the proposal opening procedure. C. If VRE denies the withdrawal of a proposal within ten (10) calendar days after receiving notice from the Offeror under the provisions of this section, VRE shall notify the Offeror in writing stating the reasons for its decision and award the Contract to such Offeror at the proposed price, provided such Offeror is a responsible and responsive Offeror. 23

24 I.6 REJECTION OF PROPOSALS A. Proposals which fail to meet the solicitation requirements, or which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind or in which errors occur, or which contain abnormally high or abnormally low prices, for any class or item of work, may be rejected as invalid at VRE s and PRTC s discretion. B. More than one proposal from the same Offeror, whether or not the same or different names appear on the signature page, shall result in none of the Offeror s proposal being considered. C. Reasonable proof for believing that any Offeror has an interest in more than one proposal for the work contemplated will cause the rejection of all proposals made by him directly or indirectly. D. Any or all proposals shall be rejected if there is reason for believing that collusion exists among the Offerors. I.7 TRADE SECRETS OR PROPRIETARY INFORMATION A. Trade secrets or proprietary information submitted by an Offeror in connection with a procurement transaction submitted pursuant to Code of Virginia, subsection B of shall not be subject to the Virginia Freedom of Information Act ( et seq.). B. However, the Offeror shall: 1) invoke the protections of this section prior to or upon submission of the data or other materials; 2) identify the data or other materials to be protected; and 3) state the reasons why protection is necessary. C. Except for the foregoing limitation, VRE and PRTC may duplicate, use, and disclose in any matter and for any purpose whatsoever and have others so do, all data furnished in response to this RFP. VRE and PRTC have the right to release trade secret or proprietary information to a third party which may assist VRE and PRTC in the review and evaluation of the proposals. 24

25 I.8 DEBARMENT STATUS By submitting its proposal, the Offeror certifies that it is not currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia or the U.S. Government nor are they an agent of any person or entity that is currently debarred from submitting proposals on contracts by an agency of the Commonwealth of Virginia or the U.S. Government. I.9 DISADVANTAGED BUSINESS ENTERPRISES A. VRE and PRTC are committed to an active effort to involve Disadvantaged Business Enterprises (DBE) in contracting opportunities and encourage participation in procurement activities. Where it is practicable for any portion of the awarded Contract to be subcontracted to other suppliers, the Offeror/Contractor is encouraged to offer such business to minority and/or women-owned businesses. B. Disadvantaged business enterprise or DBE means a for-profit small business concern: 1) That is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or, in the case of a corporation, 51 percent of the stock of which is owned by one or more such individuals; and 2) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. C. Offerors must state any plans to utilize such businesses and the manner in which they may be utilized under the resultant contract. I.10 PROPOSAL ACCEPTANCE PERIOD The proposal shall be binding upon the Offeror for one hundred and twenty (120) calendar days following the proposal closing date. Any proposal in which the Offeror shortens the acceptance period shall be rejected, although the acceptance period may be extended by mutual agreement between VRE, PRTC and the Offeror. 25

26 I.11 QUALIFICATION OF OFFERORS A. VRE and PRTC may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to furnish the item(s) required in the performance of this Contract. The Offeror shall furnish to VRE and PRTC all such information and data for this purpose as may be requested. VRE and PRTC further reserve the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy VRE and PRTC that such Offeror is properly qualified to carry out the obligations of the Contract and to furnish the item(s) contemplated therein. B. VRE and PRTC reserve the right to reject any offer if the evidence submitted by, or investigations of, such Offeror fails to satisfy VRE and PRTC, that such Offeror is properly qualified to carry out the obligations of the Contract and to provide the services and/or goods contemplated herein. I.12 PRE-AWARD SURVEY A. After the due date and prior to contract award, VRE and PRTC shall have reviewed and evaluated all data submitted by the Offeror. B. VRE and PRTC reserve the right to perform or have performed a financial review of the successful Contractor s resources. 26

27 PART IV PROPOSAL PREPARATION AND REQUIREMENTS SECTION TITLE J K L Submission Requirements Technical Proposal Requirements Cost Proposal Requirements 27

28 SECTION J SUBMISSION REQUIREMENTS J.1 SUBMISSION OF PROPOSAL A. Offerors shall submit two (2) signed originals and six (6) copies of the Proposal. The original shall be conspicuously marked ORIGINAL and the copies shall be conspicuously marked COPY. J.2 IDENTIFICATION OF PROPOSAL ENVELOPE A. The Proposal shall be clearly marked in a sealed package conspicuously marked as follows: PROPOSAL IN RESPONSE TO: RFP Title: Banking Services for the Virginia Railway Express and the Potomac and Rappahannock Transportation Commission Closing Date: (Insert the date specified on Page 1) Time: 10:00 a.m. Name of Offeror: Street or Box Number: City, State, Zip or Postal Code B. Failure to properly identify the proposal envelope may result in a premature opening of, or a failure to open, such proposal and result in the disqualification of the proposal. J.3 HAND DELIVERY OR MAILING OF PROPOSALS A. Offerors shall deliver or mail proposals to: Ms. Gerri Hill, Manager Contract Administration Virginia Railway Express 1500 King Street, Suite 202 Alexandria, VA

29 B. A proposal may be mailed, delivered by private courier, express mail or delivered in person to VRE in Alexandria, VA prior to the proposal closing date and time, between 9:00 A.M. and 5:00 P.M. EST, Monday through Friday. C. It is the responsibility of the Offeror to assure that its proposal is delivered to the place designated for receipt of proposals on or before the day and time set for receipt of proposals. The VRE receptionist s clock in the foyer is the official time clock. D. Electronic, facsimile or verbal proposals shall not be accepted. J.4 PROPOSAL CLOSING DATE Proposals must be received by VRE at 10:00 A.M. EST. on the date specified on Page 1 of this RFP. 29

30 SECTION K TECHNICAL PROPOSAL REQUIREMENTS K.1 PROPOSAL CONTENT A. Offerors are directed to the evaluation criteria found in Section D.1 and shall respond to each factor in detail and as thoroughly as possible so that VRE and PRTC may properly evaluate the Offeror s capabilities to perform the work described in this RFP. B. Offerors are to submit proposals that present the Offeror s qualifications and understanding of the overall work to be performed. C. The technical proposal must be thorough and contain sufficient detail to provide a clear and concise representation of the requirements in the solicitation. D. By your proposal submission, you are representing that your firm will comply and perform all requirements specified in the RFP. K.2 PROPOSAL FORMAT AND ORGANIZATION A. Offerors must submit the required information identified in this Section as a complete proposal. Incomplete proposals may cause the proposal to be deemed non-responsive. The proposal shall include tabs labeled as specified below: TAB 1 TAB 2 TAB 3 TAB 4 Table of Contents Title Page: The title page must include the following: the name of the firm, local address, address, telephone and fax number, name of contact person, and name and title of the company official. Transmittal letter: The Offeror shall provide a comprehensive written narrative that effectively describes and demonstrates the Offeror s capability to perform the work described in the Scope of Services. Point of Contact: The Offeror shall provide an assigned single point of contact, including a telephone number. 30

31 TAB 5 Administrative Office and Branch Location: The Offeror shall identify the administrative office that will oversee this Contract and the branch location or locations for depository services. The nearest full service branch office location to VRE and PRTC shall also be identified. TAB 6 TAB 7 TAB 8 TAB 9 TAB 10 TAB 11 Specific Plan for Providing Services: The Offeror shall restate each requirement listed in SECTION B.1 GENERAL REQUIREMENTS and discuss the approach to meeting these requirements and the level of service to be provided. Indicate if any of these services cannot be provided. Additional Services Offered: The Offeror shall identify additional services beneficial to VRE and PRTC that are not outlined in this RFP. No Cost Services: The Offeror shall identify other banking services and documents not detailed in the cost proposal that will be provided at no cost. Optional Services: The Offeror shall identify the provision of purchasing cards, credit card merchant services, and investment services. Failure to propose on the options will not disqualify proposals. Optional services will not be weighed in the evaluation of proposals. Exceptions to Scope of Services/Terms and Conditions: The Offeror shall state in its proposal whether it accepts the scope of services and terms and conditions as presented in this solicitation or if exceptions are taken. If no exceptions are taken to either document, the Offeror shall so state. Exceptions taken shall be identified. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. The Offeror shall provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. References (Past and Present Experience): The Offeror shall provide three (3) references from parties to whom comparable banking services have been provided. a. The Offeror shall provide the following information for each client: i) Name of firm, address, telephone and fax number, web address; ii) iii) Point of contact and title; Contract No. and original contract value; 31

32 iv) Description of the services performed under Contract; and v) Volume, number and size of similar accounts. b. The Offeror shall provide a list of contracts within the past four (4) years, if any, on which failure to complete the required work within the specified time frame resulted in the assessment of contract termination. TAB 12 TAB 13 TAB 14 TAB 15 TAB 16 TAB 17 Credit Quality Ratings: The Offeror shall furnish the most recent credit quality ratings. Financial Statements: The Offeror shall furnish complete financial statements for the current fiscal year (interim statements are acceptable) and the past two (2) years or indicate the URL where these statements are located. Resumes for All Proposed Key Personnel: Each resume must indicate educational background, recent experience, certifications, licenses, and specific technical listing of relevant publications. Acknowledge Receipt of All Addenda Issued: The Offerors shall include signed acknowledgement of receipt of all addenda issued to this solicitation. Representations/Certifications: Offerors shall complete and sign the forms included in ATTACHMENT N.2 herein. Cost Proposal and Schedule of Costs: The Offeror shall provide cost information with ATTACHMENT N.3 and ATTACHMENT N.4. 32

33 SECTION L COST PROPOSAL REQUIREMENTS L.1 COST SCHEDULE OF PRICES Offerors are strongly encouraged to read this section carefully. A. Offerors must provide a cost schedule of prices. The cost information must be submitted with ATTACHMENT N.3 and ATTACHMENT N.4 included herein this RFP. Offerors shall attach as necessary additional sheets to further detail any explanations. Separate cost proposal forms must be completed for VRE and PRTC. Explanatory comments and suggested additional or different services or products must be noted on the cost proposal forms and included in the technical proposal. Failure to provide a completed Cost Schedule and tabulation may result in the proposal being deemed non-responsive. B. It is the intent of VRE and PRTC to have the option of using either compensating balances or direct fees to pay for core banking services and to periodically switch between these two (2) mechanisms. The cost proposal forms shall be used to evaluate the costs. C. Offerors must advise if the minimum balance for calculating the compensating balance is calculated as the ledger balance or the available funds balance. If available funds balance is used, the Offeror shall state the bank s policy for determining this balance. See the Compensating Balance Method form in ATTACHMENT N.3 and ATTACHMENT N.4 included herein this RFP. D. The phrase NO PROPOSAL shall be entered on the cost proposal form for any item or items that cannot be provided. In a NO PROPOSAL entry, the Offeror may offer an alternate service. For any items proposed, it shall be assumed the proposal meets or exceeds the requirements as stated in this RFP. E. The cost proposal forms indicate the number of transactions anticipated; and although this is VRE s and PRTC s best estimate of volume, VRE and PRTC are in no way guaranteeing these as minimum or maximum volumes. 33

34 F. All cost data shall be quoted in U.S. Dollars. G. Unless indicated otherwise, Offeror s rates shall be inclusive of all costs and shall include full compensation for all taxes, fees, labor, materials, insurances, permits, overhead and profit, etc. necessary to complete the work in conformance with the Contract and to the satisfaction of VRE and PRTC. H. If erasures or other handwritten changes appear on the schedules, such erasures or changes must be initialed by the person signing the proposal. L.2 COST PROPOSAL CERTIFICATION A. The Offeror agrees to provide the services specified herein, in compliance with the scope of services and other terms and conditions in this Request for Proposals at the cost provided in cost proposal. B. A representative duly authorized to bind the company must complete and sign the Cost Proposal Certification in ATTACHMENT N.3 and ATTACHMENT N.4 included herein this RFP. 34

35 PART V DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS SECTION TITLE M N Exhibits List of Attachments 35

36 SECTION M EXHIBITS The following documents are provided to assist Offerors with the preparation of the proposal package. SECTION EXHIBIT NO. OF PAGES M.2 Proposal Preparation Checklist 1 36

37 M.2 PROPOSAL PREPARATION CHECKLIST This checklist is provided to assist the Offeror in the preparation of the proposal package. DO NOT include the checklist with your submission. This is for your use. Its use is OPTIONAL. Notwithstanding this checklist, it is the Offeror s responsibility to ensure that a complete proposal package has been submitted to satisfy the requirements described in this RFP. ( ) Completed DESCRIPTION Submit written questions to VRE Submit two (2) originals and six (6) copies of the proposal Proposal valid for 120 calendar days Identify trade secrets or proprietary information (if applicable) Proposal Content: 1. Table of Contents 2. Title Page 3. Transmittal Letter 4. Point of Contact 5. Administrative Office and Branch Location 6. Specific Plan for Providing Services 7. Additional Services Offered 8. No Cost Services 9. Optional Services 10. Exceptions to Scope of Services/Terms and Conditions 11. References (Past and Present Experience) 12. Credit Quality Ratings 13. Financial Statements 14. Proposed Key Personnel 15. Acknowledge Solicitation Addenda 16. Completion of Representations/Certifications 17. Cost Proposal and Schedule of Costs 37

38 SECTION N LIST OF ATTACHMENTS The following documents are incorporated in the solicitation and resulting contract by this reference. ATTACHMENT NO. TITLE NO. OF PAGES N.1 General Terms and Conditions 27 N.2 Representations, Certifications, and Other Statements of Offerors/Bidders 12 N.3 Cost Proposal and Schedule of Costs 10 for the Virginia Railway Express N.4 Cost Proposal and Schedule of Costs 10 for the Potomac and Rappahannock Transportation Commission 38

39 ATTACHMENT N.1 GENERAL TERMS AND CONDITIONS Revised June 8, 2006 Page 1 of 27

40 SECTION I GENERAL TERMS & CONDITIONS Clause # /Title 1. Proposal and Contract Requirements 2. Applicable Law and Courts 3. Precedence of Terms 4. Obligation of Prospective Contractor 5. No Federal Government Obligations to Third Parties 6. Clarification of Terms 7. Qualification of Firm 8. Key Personnel 9. Additional Information 10. Qualification Acceptance Period 11. Delays in Award 12. Award for All or Part 13. Rejection of Proposals/Bids 14. Single Proposal/Bid 15. Inspection of Proposals/Bids 16. Protest of Award 17. Availability of Funds 18. Payment Terms 19. Progress Payments 20. Disallowed Costs Including Interest 21. Invoices 22. Contractual Disputes 23. Termination for the Convenience of the VRE 24. Termination for Default 25. Termination for Non-Appropriation of Funds 26. Stop Work or Suspension of Work 27. Assignment of Contract Page 2 of 27

41 Clause #/Title 28. Subcontracts 29. Antitrust 30. Prime Contractor Responsibilities 31. Payment to Subcontractor 32. Testing/Inspection/Review of Work 33. Releases, Licenses, Permits and Authorizations 34. Warranty 35. Buy America 36. Cargo Preference Use of United States Flag Vessels 37. Fly America 38. Inspection 39. Responsibility for Inspection 40. Contractor s Title to Materials 41. Ownership of Material and Intellectual Properties 42. Copyrights 43. Rights in Data 44. Federal Rights in Data and Copyrights 45. Patent Rights 46. Covenant Against Contingent Fees 47. Fair Employment Contracting Act 48. Convict Labor 49. Seismic Safety 50. Conflict of Interest 51. Immigration Reform and Control Act of Indemnification 53. Ethics in Public Contracting 54. Prohibition Against the Use of Federal Funds for Lobbying 55. Officials Not to Benefit 56. Independent Contractor 57. Debarment Status 58. Anti-Discrimination 59. Disadvantaged Business Enterprise (DBE) 60. Access Requirements for Individuals with Disabilities Page 3 of 27

42 Clause #/Title 61. Drug or Alcohol Abuse Confidentiality and Other Civil Rights Protections 62. Drug-Free Workplace 63. Labor Provisions 64. Davis Bacon Act 65. Royalties 66. Metric System 67. Energy Conservation 68. Environmental Regulations 69. Planning 70. Audit 71. False or Fraudulent Statements and Claims 72. Support of Exclusionary of Discriminatory Specifications 73. Insurance 74. Provision for Flagman 75. Railroad Safety 76. Authorized Funding 77. VRE Contract Management 78. Taxes 79. Extra Charges Not Allowed 80. Changes 81. Examination of Records 82. Geographic Restrictions 83. Acquisition of Management, Architectural, and Engineering Services 84. Employment of Personnel 85. Publications 86. Electronic and Information Technology 87. Use of Real Property, Equipment, and Supplies 88. Protection of Sensitive Security Information 89. Special Requirements for Clean Fuels Formula Projects 90. Severability Page 4 of 27

43 SECTION I GENERAL TERMS AND CONDITIONS 1. PROPOSAL AND CONTRACT REQUIREMENTS: Federal funds will be used for this Contract. The VRE also follows Virginia procurement laws. Accordingly, all applicable federal and state requirements will apply. Prospective contractors are expected to become familiar with these requirements, and should not submit proposals if unable to execute a Contract containing such provisions. The VRE will provide a Contract containing these provisions for execution by the prospective contractor that is selected. Prospective contractors should not expect to use their own standard contracts for this engagement. Federal requirements are subject to change; the prospective contractor is responsible for complying with the most current regulations. The prospective contractor agrees that the most recent of such Federal requirements will govern the administration of the Contract at any particular time during the Contract s performance, unless VRE issues a written determination otherwise. 2. APPLICABLE LAW AND COURTS: Any Contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The successful Contractor shall comply with applicable federal, state, and local laws and regulations. 3. PRECEDENCE OF TERMS: In the event of an inconsistency between the Request for Proposal, the Contract Terms and Conditions, other included documents, or the Federal Transit Administration (FTA) Master Agreement and the state procurement law, the inconsistency shall be resolved by the following order of precedence: a. Federal Transit Administration Master Agreement (9) (October 1, 2004) and FTA Circular D, dated April 15, 1996, as amended b. Virginia s Public Procurement Act, as amended c. Invitation for Bids (IFB) /Request For Proposals (RFP) d. Special Contract Terms and Conditions e. General Terms and Conditions f. Technical Specifications g. Plans h. Contractor s Bid/Proposal Incorporation of Federal Transit Administration terms: these terms include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular D, dated April 15, 1996, as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The prospective contractor shall not perform any act, fail to perform any act, or refuse to comply with any VRE requests which would cause the VRE to be in violation of the FTA terms and conditions. 4. OBLIGATION OF PROPSECTIVE CONTRACTOR: By submitting a proposal, the prospective contractor agrees that it has satisfied itself from a personal investigation of the conditions to be met, that the obligations herein are fully understood, and no claim may be made nor will there be any right to cancellation or relief from the Contract because of any misunderstanding or lack of information. 5. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES: The federal government shall not be subject to any obligations or liabilities of any contractor, or any other person not a party to a Grant Agreement or Cooperative Agreement in connection with the performance of this Contract. Notwithstanding any concurrence provided by the federal government in or approval of any solicitation, subagreement, or third party contract, the federal government continues to have no obligations or liabilities to any party, including the third party contractor. 6. CLARIFICATION OF TERMS: If a prospective contractor/bidder has questions about the specifications or other solicitation documents, the prospective contractor should contact the Contract Administrator whose name appears on the face of the solicitation. Any revisions to the solicitation will be made only by addendum issued by the VRE. 7. QUALIFICATION OF FIRM: The VRE may make such reasonable investigations as deemed proper and necessary to determine the ability of the prospective contractor to perform the Contract. The prospective contractor shall furnish to the VRE such information and data for this purpose as may be requested. The VRE reserves the right to inspect the prospective contractor s physical plant prior to award to satisfy questions regarding the prospective contractor s capabilities. Page 5 of 27

44 8. KEY PERSONNEL: Certain, skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this Contract. These are defined as Key Personnel and are those persons whose resumes were submitted as part of the technical proposal for evaluation. No substitutions may be made except in accordance with this clause. a. The Contractor understands that during the first 30 days of the Contract performance period, no personnel substitutions will be permitted unless these substitutions are unavoidable because of sudden illness, death or termination of employment. In any of these events, the Contractor shall promptly notify the VRE Contract Administration Manager and provide the information described in paragraph b) below. b. After the initial 30 day period, the Contractor must submit to the VRE Contract Administration Manager all proposed substitutions, in writing, at least 15 days in advance and provide the information required by paragraph b. below. c. Any request for substitution must include a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the VRE Contract Administration Manager. Any proposed substitute must have qualifications equal to or superior to the qualifications of the incumbent. VRE will evaluate such requests and promptly notify the Contractor in writing of its approval or disapproval. d. The provisions of this clause shall be applicable to any subcontract which may be entered into. e. In the event that any of the identified key personnel cease to perform under the Contract and the substitute is disapproved, the Contract may be immediately terminated in accordance with the Termination clause of the Contract. 9. ADDITIONAL INFORMATION: The VRE reserves the right to ask any prospective contractor to clarify its offer. 10. QUALIFICATION ACCEPTANCE PERIOD: The proposal/bid and any modification thereof shall be binding upon the prospective contractor for 120 calendar days following the proposal/bid due date. Any proposal/bid for which the prospective contractor shortens the acceptance period may be rejected. At the end of that time, the prospective contractor may retract its proposal by giving written notice to the VRE. 11. DELAYS IN AWARD: Delays in award of a contract, beyond the anticipated starting date, may result in a change in the Contract period indicated in the solicitation. If this situation occurs, the VRE reserves the right to award a contract covering the period equal to or less than the initial term indicated in the solicitation. 12. AWARD FOR ALL OR PART: Unless otherwise specified, the VRE may, if it is in the best interest of the VRE to do so, award all or part of the proposal/bid to any prospective contractor whose proposal is the most responsible and responsive and whose proposal/bid meets the requirements and criteria set forth in the solicitation with respect to the items in question. 13. REJECTION OF PROPOSALS/BIDS: The VRE expressly reserves the right to reject any or all proposals/bids or any part of a proposal/bid, and to resolicit the services in question, if such action is deemed to be in the best interest of the VRE. 14. SINGLE PROPOSAL/BID: If a single conforming proposal/bid is received, a price and/or cost analysis of the proposal/bid shall be made by the VRE. A price analysis is the process of examining and evaluating a prospective price without evaluation of the separate cost element. It should be recognized that a price analysis through comparison to other similar contracts shall be based on an established or competitive price of the elements used in the comparison. The comparison shall be made to the cost of similar projects and involve similar specifications. 15. INSPECTION OF PROPOSALS/BIDS: The Virginia Freedom of Information Act, et seq. shall govern the release of public records related to the Contract. Trade secrets or proprietary information related to a procurement may not be subject to public disclosure, provided the requirements at F VA Code Ann. are met. 16. PROTEST OF AWARD: A prospective contractor wishing to protest an award or a decision to award a contract must submit the protest, in writing, to the VRE no later than ten (10) days after either the decision to award or the award, whichever occurs first. The protest must include the basis for the protest and the relief sought. Within ten (10) days after receipt of the protest, the Chief Operating Officer of the VRE will issue a written decision stating the reasons for the action taken. This decision is final. Further action, by a prospective contractor, may be taken by instituting action as provided by the Code of Virginia. Page 6 of 27