REQUESTS FOR PROPOSALS FOR OPERATION OF A REGIONAL VANPOOL PROGRAM INVITATION FOR PROPOSALS

Transcription

1 REQUESTS FOR PROPOSALS FOR OPERATION OF A REGIONAL VANPOOL PROGRAM INVITATION FOR PROPOSALS

2 Date of Issuance of Request for Proposals: March 21, INVITATION: The invites proposals for the operation of: A REGIONAL VANPOOL PROGRAM (MMMPO) Proposal in a sealed envelope plainly marked: REGIONAL VANPOOL PROPOSAL Address as follows: Bill Austin, AICP Executive Director Morgantown Monongalia MPO 82 Hart Field Road, Ste. 105 Morgantown, WV Required information for the Technical Proposal: A. Submit one (1) envelope or package containing four (4) copies of the Technical Proposal and one (1) electronic copy to: baustin@labyrinth.net. B. Then Technical Proposal shall be clear and concise, not exceeding a maximum of twenty (20) single sided pages. Resumes and pricing documentation are excluded from the page limit. The pages shall be 8 ½ X 11 size. The pages shall be numbered consecutively. If you have any questions regarding page limit or related to the format of the pages please submit your question(s) for clarification by the due date listed in this RFP. 2. RFP AND SPECIFICATIONS: Offers shall be in strict accordance with the terms of the Request for Proposals. The RFP may be obtained from the MMMPO office, via the website at or by contacting Bill Austin, Executive Director, at or via at baustin@lablyrinth.net. 3. REJECTION OF OFFERS: The MMMPO reserves the right to waive irregularities and to reject any and all offers with or without cause. 4. COMPLIANCE WITH FEDERAL REQUIREMENTS: The Proposer s attention is called to the fact that this is subject to a financial assistance contract between the 2

3 MMMPO and the West Virginia Department of Transportation in conjunction with the Federal Transit Administration. Therefore, the contract to be let is subject to the terms of the contract between the MMMPO and the funding agency(s). The successful Proposer is required to comply with, in addition to provisions of the RFP, the conditions required by applicable federal regulations. INSTRUCTIONS TO OFFERERS 3

4 BACKGROUND: The (MMMPO) is a quasi-governmental agency providing transportation planning services for and within Monongalia County as well as working with 5 additional municipalities consisting of the City of Morgantown, Star City, Granville, Blacksville and Westover. The MPO also coordinates activities with West Virginia University and Mountain Line Transit. In addition to planning services, we are also initiating a REGIONAL VANPOOL PROGRAM that is designed specifically for work commutes. The MPO through FTA and Mountain Line Transit Authority currently has $ XXXXXX in non-recurring Congestion Mitigation and Air Quality (CMAQ) funds available from West Virginia Department of Transportation Division of Highways for a start-up of the vanpool program. This service will provide transportation for the workforce that must commute several miles to and from work. Through this Request for Proposal, a qualified vanpool company or companies will be selected to provide a comprehensive vanpool program for the county and municipalities in the County. Given the nature of work commutes, it will be necessary to work with surrounding counties and regions that cross MMMPO boundary and in some cases, state boundaries, to provide vanpool service. A qualified provider(s) will be determined based on the information provided in their response. IT IS THE INTENT OF THIS RFP TO AWARD MULTIPLE VENDOR AGREEMENTS. Vanpool trips through this program must originate or end in the MMMPO region. We estimate start-up of the vanpool program with 4(?) vanpool vehicles, growing the program over years 2 and 3 by 4(?) vehicles per annum. This growth will be predicated by availability of state/ federal funding, ridership fares, and employer contributions to the program to ensure continued financial viability. PURPOSE OF PROPOSAL: The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified companies who are interested in providing a regional vanpool program on behalf of the MMMPO that will connect major employers in the Morgantown Region. Responses should demonstrate past performance developing existing relationships in the MMPO to connect with local businesses will be considered extremely important to and relevant. Services will include vehicle rental / leasing, fleet management, accident management, subrogation services and adequate and appropriate insurance coverage. Responses should clearly define current local and or regional presence, location of supporting fleet and ability to support past and current vanpool services in the region. Proposers should designate in the RFP whether fuel credit cards must or will be provided by the vanpool provider (with fuel costs included in the monthly reimbursement or whether this is negotiable with the selected provider). Vendor(s) will be selected through this Request for Proposal and the competitive bidding process; however, a contract (to initiate the program) may be awarded prior to the MMMPO receiving state and/ or federal grant funding to provide a subsidy for the regional vanpool program. 4

5 DEFINITIONS: The following are definitions of special terms used in the verbiage of this contract. A. APPROVED EQUAL: Where in these proposal forms and specifications material, product, or service is defined by using a trade name and/ or brand name and catalog number of a manufacturer or vendor, the term or approved equal if not inserted therewith, shall be implied. It is understood that any reference to a particular manufacturer s product, either by trade/ brand name of description, has been made solely for the purpose of more clearly indicating the minimum standard desired. The term approved equal is used as a means of defining the performance or other salient requirements of the procurement. Bids on other makes and catalogs will be considered, provided each bidder clearly states in his proposal exactly what he proposes to furnish, or forwards with the proposal, a cut, illustration, or other descriptive matter which will clearly indicate the character of the article covered by his bid. B. AUTHORIZED SIGNEE: The person who is executing this contract on behalf of the Bidder/Contractor and who is authorized to bind the Bidder/Contractor to the terms and conditions of this Contract as contained herein. C. CONTRACTING OFFICER: The person (Executive Director or his/her designee) who is executing this contract on behalf of the MMMPO and who has complete and final authority except as limited herein. D. DOT: Department of Transportation E. FTA: Federal Transit Administration F. PREFERRED VENDOR / CONTRACTOR: The person, firm, corporation, organization or agency with which the MMMPO has executed a contract for performance and can meet or exceed all the outlined requirements of the work or supply of equipment or materials or his duly authorized representative. G. RFP: Request for Proposals. H. VENDOR/ CONTRACTOR: The person, firm, corporation, organization or agency with which the MMMPO has executed a contract for performance and can meet a minimum number of requirements of the work or supply of equipment or materials or his duly authorized representative. CONFLICT OF INTEREST: The offer shall be made without any previous understanding, agreement or connections with any person, firms or corporations making an offer on the same items and shall be in all respects fair and in good faith without any outside control, collusion or fraud. No City Councilman, County Commissioners, other City or County Employees, MMMPO employees, MMMPO Policy Board member or immediate family of the MMMPO Board of Commissioners or MMMPO Policy Board shall directly or indirectly own any portion of the bidding entity, and will not 5

6 directly or indirectly benefit from the profits of emoluments of the contract. QUALIFICATIONS FOR AWARD: The bidder must be a person, firm or corporation that: Can demonstrate that it has successfully provided similar services on a multiyear contract basis and must provide a verifiable list of current and former customers Have adequate local facilities, equipment, fleet resources and personnel to assure delivery of all materials and services within the time specified under contract. Demonstrate significant capacity for developing business in the proposal region, including government and significant private sector relationships. Proposers must provide information on the following: o A history and overview of your firm to include number and location of offices in the U.S., the total number of customers, and the average fleet size. The legal name of your company, if doing business under some name other than that by which the company is commonly recognized. If the company is owned or controlled by a parent organization, proposers are requested to provide the name of that organization, its address and the name and title of the person responsible for your business unit. o Provide three current contacts with telephone numbers and addresses from clients or references relating to the elements which best reflect MMMPO s fleet management requirements. If using a sub-contractor for any services, the prime shall be responsible for providing three with at least one reference requirement for any sub-contractors o A description of the firm s/group s experience and a description of the experience and training of all key individuals associated with the project. Proposals should detail all firm and individual experience relevant to the types of service described in this RFP. o An organizational chart with job descriptions of key individuals assigned to the project. Job descriptions should be specific to the project. Information should include the geographical location of management and supporting staff and if the program will be managed and supervised locally or remotely. If managed remotely, outline the level of participation in work hours per month management will participate with program development. o Identify the unique strengths of your company and how they can provide the best fleet vehicle services for the MMMPO. Specifically, identify any activities in the last three years, not related to contract vanpool program which you have successfully developed employer commuter programs / relationships. Identify the amount of time and resources you have allocated to the development of employer relationships in the proposal region in the last three years. If not specific to vanpooling, relate how your contacts in the local community would enhance the MMMPO program. o Discuss the top three (3) distinctions between your company and its competitors. o Identify the number of customers and average fleet size that each of your salesman/representative oversees. Identify the physical location of your supporting sales team and the total territory they develop. Do they reside in the MMMPO region or in close proximity and how often would they be available to support meetings/calls in the MMMPO region? Do you have any pre-existing salesman/representatives office currently in the MMMPO region? o Provide the company name, contact, phone number and fleet size of any contracts you have lost in the last 24 months relating to vanpool services. Provide any information 6

7 o o o o relating to contracts which lost federal subsidies in the past three years and the financial impact to the state and vanpool program. Describe how your company performs quarterly, semi or annual fleet reviews with your clients and the process of how these reviews are conducted. Describe in detail all charges, administrative fees, processing fees, mark-ups etc. in fee schedule. This should include, as examples, subrogation fees, accident report fees, van delivery fees, etc. Describe the mediate procedure for a customer complaint about one of your employees or vendors. Describe the impact you believe the Fixing America s Surface Transportation Act (FAST) will have on support for the MMMPO s regional vanpool program and how you would support efforts to fully utilize potential provision relating to FAST for public/ private vanpool programs. The MMMPO reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any Proposer to perform the work. If, after the investigation, the evidence of competency and financial ability is not satisfactory, the MMMPO reserves the right to reject the offer. OFFERER REVIEW PROCEDURES: All sections of the Specifications and all supplementary documents are essential parts of the contract and requirements occurring in one are as though occurring in all. These specifications and documents in their entirety shall be included in and made a part of, the contract between the MMMPO and the successful bidder. Any Proposer in doubt as to the true meaning of any part of the Specifications or related documents may submit a written request to the MMMPO for interpretation thereof. Requests for clarification or modification of this Request for Proposals (RFP) are to be submitted writing via facsimile, , or hand delivery and addressed to: Bill Austin, AICP Executive Director Morgantown Monongalia MPO 82 Hart Field Road Ste. 105 Morgantown, WV A Contractor may discuss these specifications and addenda with the MMMPO s authorized representative; however, such discussions do not relieve the Contractor from the responsibility of submitting written, documented requests as required by these procedures. The MMMPO will not be responsible for any oral instructions. A Contractor may submit to the MMMPO requests for interpretations or clarifications to this RFP or any addendum thereto. Any such request must be received by the MMMPO, in writing, no later than Friday, April 8, All requests must be accompanied by all relevant information supporting the request for modification, interpretation, clarification or amendment of the RFP. Contractors shall acknowledge receipt of addenda by written notice thereof to the MMMPO. 7

8 *Where such addenda require changes in the services, the final date set for proposal receipt may be postponed by such number of days as in the opinion of the MMMPO will enable prospective Contractors to revise proposals. OFFER PREPARATION: All offers must be submitted in a sealed envelope, addressed and mailed or delivered as stated in the Request for Proposals. Any deviation from these specifications must be explained in detail. Otherwise, it will be considered that labor, materials, services and equipment offered are in strict compliance with these specifications and the successful Proposer will be held responsible for meeting those specifications. A Proposer is expected to fully inform himself as to the requirements of the specifications and failure to do so will be at his own risk. A Proposer shall not expect to secure relief on the plea of error. Should a Proposer fail to fulfill the terms and conditions outlined in the Request for Proposals or in their proposal submitted to the MMMPO to secure the contract, the MMMPO reserves the right to refuse ineligible or inappropriate proposals. The MMMPO shall not be liable for any pre-agreement expenses incurred by Contractors in the preparation of their proposals. Contractors shall not include any such expenses as part of their proposals. JOINT OFFERS: Where two or more Contractors desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture. The MMMPO will contract with a single firm and not contract with multiple firms doing business as a joint venture. Failure to comply with the requirements of the RFP may result in disqualification. The MMMPO is not responsible for finding, correcting or seeking clarification regarding ambiguities or errors in proposals. If a proposal is found to contain ambiguities or errors, it may receive a lower score during the evaluation process. The MMMPO reserves the right to disqualify a Proposer s detailed cost estimate with mathematical or clerical errors, inconsistencies or missing information which prevent the MMMPO from fully evaluating the proposal. The MMMPO may, but is not required to, seek clarification from a Proposer regarding information in a proposal. Errors and ambiguities in proposals will be interpreted in favor of the MMMPO. MODIFICATION OR WITHDRAWAL OF PROPOSALS: Proposals may be modified or withdrawn prior to the established due date. The established due date is either the time and date announced for receipt of proposals or receipt of modifications to proposals, if any; or if discussions have begun, the time and date by which final offers must be submitted, provided that only Proposers who submitted proposals by the time announced for receipt of proposals may submit best and final offers. 8

9 LATE PROPOSALS, LATE WITHDRAWALS AND LATE MODIFICATONS: Any proposal, withdrawal or modification received after the established due date at the place designated for receipt of proposals is late and may not be considered. BID POSTPONEMENT AND AMENDMENT: PRIOR TO SUBMISSION OF INITIAL PROPOSALS The MMMPO reserves the right to revise or amend the specifications up to the time set for opening the offers. Such revisions and amendments, if any, shall be announced by amendments to this solicitation. Copies of such amendments shall be furnished to all prospective bidders. If the revisions and amendments require changes in quantities or prices or both, the date set for opening offers may be postponed by such number of days as the opinion of the MMMPO shall enable Proposer s to revise their offers. In any case, offer opening shall be at least five (5) working days after the last amendment and the amendments shall include an announcement of the new date, if applicable, for opening offers. Addenda issued by the MMMPO shall be binding as if written to the specifications. RECEIPT AND OPENING OF OFFERS: Within ONE WEEK of the closing date in the Request for Proposals, the Executive Director or his designee will open, examine and record all proposals received. Proposals will be disseminated to members of a Proposal Review Committee made up of individuals across the region that have agreed to review all proposals and make an unbiased recommendation of the most appropriate proposal/contractor for this program. OFFER ACCEPTANCE PERIOD: All offers shall remain in effect a minimum of forty-five (45) calendar days from the date of opening. Offers offering less than forty-five (45) calendar days for acceptance by the MMMPO from the date set of opening will be considered non-responsive and will be rejected. The MMMPO may issue a binding contract to the selected contractor(s) prior to the award of state and federal funding issued for the regional vanpool program. PROPOSAL DISCUSSIONS WITH INDIVIDUAL OFFERES: Discussions may be conducted with responsible Proposers whose proposals are determined to be potentially likely to be selected for award for the purpose of clarification to assure full understanding of and responsiveness to, the solicitation requirements. This clarification of the Proposer s proposals is to facilitate arriving at a contract that will be most advantageous to the MMMPO taking into consideration price and the evaluation factors. 9

10 For the purpose of obtaining a Best and Final offer, the selected Proposer(s) will be afforded an opportunity for discussion and revision of their proposal and such revisions will be permitted after submission of initial proposals and prior to award. MISTAKES IN PROPOSALS: When the Contracting Officer knows or has reason to conclude before award of a contract that a mistake has been made in a proposal, the Contracting Officer will request the Proposer to confirm the proposal. If the Proposer alleges a mistake, the proposal may be corrected or withdrawn during these discussions. AWARD OF CONTRACT: Issuance of the RFP and receipt of proposals does not commit the MMMPO to award a contract. If a contract is awarded, the MMMPO will award the contract to the successful Proposer(s) by written notice within twenty-five (25) calendar days after the selection is made by the Proposal Review Committee. All other proposal participants will be notified of the name of the successful Proposer(s). Failure on the part of the successful Proposer to fully execute the written contract with the MMMPO within fourteen (14) calendar days after the notice of acceptance shall be just cause for annulment of the award. BID PROTEST PROCEDURE: A. BID PROTEST Bid protest, if any, shall be submitted to the MMMPO s Contracting Officer for review. A protest must be in writing and must be supported by sufficient information to enable the protest to be considered. A protest will not be considered if it is not sufficiently supported or it is not received within the time limits set forth in Section B. TIMELINESS, below. A protest may be submitted for the following reasons. 1) A protest relating to restrictive procedures, alleged improprieties or other similar situations arising prior to bid opening; 2) A protest against making an award after opening of bids; 3) A protest of Award of Contract B. TIMELINESS To be considered, a protest must be submitted so that the Contracting Officer receives it by the following deadlines: 1) A protest based upon restrictive procedures, alleged improprieties or other similar situations prior to bid opening must be submitted so that it is received by the MMMPO s Contracting Officer no less than five (5) working days prior to bid opening date and may only be protested once. 2) A protest against making an award after opening of bids must be submitted so that it is received by the MMMPO s Contracting Officer no later than five (5) 10

11 working days following opening of bids 3) A protest of Award of Contract shall be submitted so that it is received by the MMMPO s Contracting Officer no later than five (5) working days after notifications of Award of Contract. C. FINAL DETERMINATION The MMMPO s Contracting Officer will issue, within five (5) calendar days of receipt, a final determination of the protest D WITHDRAWAL A bidder or supplier may withdraw its protest at any time prior to the MMMPO s Contracting Officer issuing a Final Determination. There will be no further review by the MMMPO of a protest after a withdrawal is made. E. FTA REVIEW A bidder may only submit for review and resolution by the West Virginia Department of Transportation and/or the Federal Transit Administration, the Procuring Agency s (MMMPO) failure to follow its written protest procedures or its failure to review a protest. An appeal to WVDOT and/or FTA must be received by the cognizant WVDOT/FTA Regional or Headquarters Office within five (5) working days of the date the protestor knew or should have known of a violation. A copy of any such submittal must be provided simultaneously to the MMMPO. F. SELECTION PROCESS All submitted Proposals will be evaluated by a Review Committee. The proposal that best meets the objectives of the program 11

12 GENERAL CONDITIONS FEDERAL, STATE AND LOCAL REQUIREMENTS A. EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age, handicap or national origin. Such action shall also include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, raise of pay or other forms of compensation and selection for training, including apprenticeship. Contract further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. B. DISADVANTAGED BUSINESS ENTERPRISE Disadvantaged Business Enterprise or DBE means a for-profit small business concern: a) That is at least 51% owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51% of the stock is owned by one or more such individuals; and b) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 1. Policy It is the policy of the MMMPO that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of Contracts financed in whole or part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 applies to the agreement. 2. DBE-WBE OBLIGATION The recipient of its Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of Contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged opportunity to compete for and perform contracts. Recipients and their Contractors shall not discriminate on the basis of race, creed, color, national origin, age, sex or handicap in the award and performance of Federallyassisted contracts. 12

13 C. TITLE VI COMPLIANCE During the performance of the Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred as Contractor ) agrees as follows: 1. Compliance with Regulations The Contractor shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter, DOT ) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations ), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, religion, color, sex, age, handicap or national origin in the selection and retention of subcontractors, including procurement of material and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment- In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement or materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor s obligations under the Contract and the Regulations relative to nondiscrimination on the grounds or race, religion, color, sex, age, handicap or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Recipient of the Federal Transportation Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Recipient, or FTA, as appropriate and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Contractor s noncompliance with the nondiscrimination provisions of the Contract, the Recipient shall impose such contract sanctions as it or the Federal Transportation Administration may determine to be appropriate, including, but not limited to: 13

14 a) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b) Cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraph 1 through 6 or this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issue pursuant thereto. The Contractor shall take such action with respect to any subcontractor procurement as the Recipient of FTA may directs as a means of enforcing such provisions including sanctions for noncompliance. However, in the event that a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient and in addition, the Contractor may request United States to enter into such litigation to protect the interests of the United States. D. DEBARRED BIDDERS The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its principals [as defined at 49 CFR (p)] is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participants shall attach an explanation to this proposal. E. INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS In accordance with 18 U.S. C. Sec 431, no member of, or delegates to, the Congress of the United States shall be admitted to a share or part of this contract or to any benefit arising from. F. COMPLIANCE WITH LAWS AND REGULATIONS All materials and supplies and/or construction furnished pursuant to the IFB shall be in compliance with the laws and regulations of the State of West Virginia and the United States of America. Contractor shall, if requested by the MMMPO, supply certification and evidence of such compliance. G. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil 14

15 Remedies Act of 1986, as amended, 31 U.S.X 3801 et seq. and US DOT regulations, Program Fraud Civil Remedies, 39 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness an accuracy of any statement it has made, it makes, it may make, or cause to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement, submission or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contract to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement, submission or certification to the Federal Government under a contract connected with the a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. H. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain standard terms and conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular C, dated May 1, 1995, and 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 the Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any MMMPO requests, which would cause the MMMPO to be in violation of the FTA terms and conditions. I. ACCESS TO RECORDS The Contractor agrees that the MMMPO, the FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives, shall, for the purpose of the audit, examination, making excerpts, and transcriptions, be permitted access to any books, documents, papers and records of the Contractor which are directly pertinent to this Contract. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as 15

16 reasonably needed. The Contractor agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract in which case the Contractor agrees to maintain same until the MMMPO, the FTA Administrator, the Comptroller General or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). J. LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L (to be codified at 2 U.S.C. 1601, et. Seq.) Contractors who apply or bid for an award of $100,000 or more shall file the certification required by the 49 CFR Part 20, New Restrictions on Lobbying. Each tier certifies to the other tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contracts on its behalf with non-federal funds with respect to the federal contract, grant or award covered by 31 U.S.C Such disclosures are forwarded from tier to tier up to the recipient. K. NOTICE OF FEDERAL REGULATIONS AND CHANGES The Bidder s attention is called to the fact that this project is subject to a financial assistance contract between the MMMPO and the WVDOT/FTA. The contractor shall at all times comply with all applicable Federal regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (2) dated October, 1995), as they may be amended or promulgated from time to time during the term of this contact. Contractor s failure to so comply shall constitute a material breach of this contract. L. GOVERNMENT OBLIGATION TO THE THIRD PARTIES The Contractor and the MMMPO acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the MMMPO, Contractor or any other party (whether or not a party to the contract) pertaining to any matter resulting from the underlying contract. 16

17 The Contractor agrees to include the above clause in each subcontract financed in whole or part with federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. M. INDEMNIFICATION AND HOLD HARMLESS The Contractor agrees to protect, defend, and indemnify and hold the MMMPO, its officers, employees and agents, free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of arising out of any and all claims, liens, demands, obligations, actions, proceedings or causes of action (hereinafter collectively claims ) arising directly out of the Agreement or the performance hereof by the Contractor. Without limiting the generality of the foregoing, any and all such claims, relating to personal injury, infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or actual violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, shall be included in the indemnity hereunder. TERMINATION OF CONTRACT Termination by Mutual Agreement The Agreement may be terminated by mutual agreement of the parties. Such termination shall be effective in accordance with a written agreement by the parties. Any other act of termination shall be in accordance with the termination for convenience or default provisions contained this Agreement. Termination for Default Subject to the provisions of this Section, the MMMPO may refuse payment to the Contractor, terminate the whole or any part of the Agreement in any one of the following circumstances: If the Contractor fails to provide the services required by the Agreement or in accordance with the performance standards herein; If the Contractor fails to perform any of the provisions of the Agreement in accordance with its terms or; If the Contractor fails to make progress in the prosecution of the work under the Agreement so as to endanger specified performance according to the terms of contract. In the event that the MMMPO terminates the Agreement in whole or in part, the MMMPO may procure, upon such terms and in such manner as the MMPO Executive Director may deem appropriate, supplies or services similar to those so terminated. The Contractor shall be liable to the MMMPO for costs associated with the termination of the Agreement, the procurement of replacement services by the MMMPO, any excess costs of such similar supplies or services and 17

18 any increase in the total Agreement costs or the hourly rate as a result of the re-procurement of services from the date of termination to the expiration date of the original Agreement. The Contractor shall continue the performance of the Agreement to the extent not terminated under the provisions of this Section. Except as otherwise provided, settlement of claims by the contractor under this termination Section shall be in accordance to the provisions set forth in the 48 CFR Par 49, as amended from time to time. Cancellation of Agreement In any of the following cases, the MMMPO shall have the right to cancel the Agreement without expense to the MMMPO if: The Contractor is guilty of misrepresentation The Agreement is obtained by fraud, collusion, conspiracy or other unlawful means; or The Agreement conflicts with any statutory or constitutional provision of the State of West Virginia or the United States. This Section shall not be construed to limit the MMPO s right to terminate the Agreement for convenience or default. Termination for Non-Appropriation The entering into the Agreement by the MMMPO is subject to its receipt of local, state and/or federal funds adequate to carry out the provisions of the Agreement in full. The MMMPO considers the vehicles and services to be delivered by the Contractor under the terms and conditions of the Agreement to be essential to the proper, efficient and economic purpose of the MMMPO. Accordingly, the MMMPO shall request the required appropriation from its governing board to make payments to the Contractor called for in and during the term of this Agreement, for vehicles and services. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period, for the payments by the MMMPO to the Contractor outlined in the Agreement, this Agreement shall terminate on the last day of the fiscal period for which appropriations were made. The MMMPO reserves the right to cancel any purchasing agreement arising out of an award under the Specification if, in its opinion, there is any failure to adequately perform the requirements of the contract. Under these conditions, cancellation will be effective immediately upon written notification to the Vendor and such cancellation will relieve the MMMPO from any obligation to purchase any items under such purchasing agreement. 18

19 National Transit Database (NTD) Reporting for Vanpool Program A. When requested by the MMMPO, the Contractor will require each vanpool to collect daily data on vanpool service provided and expenses paid by vanpool participants beyond the monthly leasing rates. The Contractor will develop a monthly reporting form that will require the vanpool driver to provide the following information: Daily ridership by direction to and from work Daily differences, if any, from miles traveled on normal commuting route Expenses paid by vanpool participants beyond the monthly leasing rates. These expenses may include items such as fuel, vehicle washing and minor component replacements (e.g., wiper blades, wiper fluid). The Contractor will require MMMPO s review and approval of the monthly reporting form. B. The Contractor will provide data to the MMMPO on a monthly basis no later than the 5 th business day of each month for the previous month s services. The Contractor will provide a summary sheet that lists the data by vanpool and total program. The Contractor will show its calculation of the data item regular working days. C. The Contractor will provide the MMMPO with the safety and security data needed to complete the monthly safety and security forms. The following principles must be followed when preparing the incident report: Declaration must be made of any major or non-major vehicle incident as defined by the WVDOT and FTA Declaration must be made if no major or non-major incidents occurred Printed name and signature of authorized contractor representative responsible for declarations must be included. Declarations of major or non-major incidents may be followed by further inquiry by MMMPO and further reporting requirements Incidents involving fatalities must be reported immediately to the MMMPO. D. The Contractor will provide data to MMMPO no later than October 15 of each year. This form provides vehicle inventory for vanpool vehicles in service and in reserve on September 30. E. The Contractor will provide data to the MMMPO no later than October 15 of each year. These forms report the total cost incurred for the vanpool program including monthly lease costs and costs incurred by the participants. The Contractor will report its operating costs according to the NTD functions vehicle operations, vehicle maintenance, non-vehicle maintenance and general administration. The Contractor will 19

20 maintain appropriate accounting and auditing records and controls in accordance with generally accepted accounting principles. Financial records associated with the program will be made available to the MMMPO for audit inspections. PROPOSAL FORMAT General The proposal should be concise, well organized and demonstrate the Proposer s qualifications and experience applicable to the project. Contractors should carefully follow the format and instructions outlined in the RFP, observing format requirements where indicated. All materials (except for plans and schematic, if any) are to be submitted on 8 ½ X 11 pages, neatly typed on one side only, with normal margins and spacing. All documents and information must be fully completed and signed as required. The document package copies should be individually bound. Proposals that do not include the required documents may be deemed non-responsive and may not be considered for the contract award. The written proposal must include the following: Discussion of the Proposer s approach to the project; Breakdown and explanation of project tasks; Proposed project schedule; Estimate of costs; and Documentation of the Contractor s qualifications for the scope of work. Each proposal will be evaluated based upon the information submitted in accordance with requirements in Proposal Contents (next section), the evaluation criteria and compliance with all requirements of this RFP. Proposal Contents Proposals submitted in response to this RFP shall be in the following order and shall include: Transmittal Letter A letter of transmittal signed by an authorized officer of the Contractor submitting the proposal containing the following: Identification of the offering firm, including name, address and telephone number of each firm; Proposed working relationship among offering firms, if applicable; Acknowledgement of receipt of RFP addenda, if any; Name, title, address and telephone number of contact person during period of proposal 20

21 evaluation A statement to the effect that the proposal shall remain valid for a period of not less than 45 days from the date of submittal; and Signature of a person authorized to bind the offering firm to the terms of the proposal. Identification of the proposed project manager and other key staff of the team. Executive Summary Include one to two page overview of the entire proposal describing the most important elements of the proposal. Proposed Method to Accomplish the Work Describe Contractor s project plan, methodology and recommended solutions in performing the services described in the Scope of Services. Describe the Contractor s specific policies, plans and procedures or techniques to be used in providing the services to be performed. Identify how the Contractor s proposed plan meets the requirements of the Scope of Services, will meet the requirements with modifications (explain how) or cannot provide the requirements. If the modifications involve exceptions to this RFP, they also should be stated later in the proposal under exceptions. Contractor s Experience and Past Performance The Contractor should demonstrate that it has, or has through others, the management capability, the van procurement experience, the financial and human resources and the vehicles to meet the objectives of the vanpool program within the time schedules and costs presented in the proposal. Describe the Contractor past performance and experience and state the number of years that the Contractor has been in existence, the current number of employees and the primary markets served. Exceptions to this Request for Proposals The Contractor shall certify whether it takes no exception(s) to this RFP. If the Contractor does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified and explained. Failure to make exceptions to the RFP or contract will be deemed a waiver of any objection. Exceptions may be considered during the proposal evaluation process. Addenda to this Request for Proposals The Contractor shall confirm in its proposal the receipt of all addenda issued to the RFP. Certifications 21

22 As part of the proposal package, Contractors must submit the following signed certifications: Certifications on Lobbying Certifications regarding debarment, suspension and other responsibility matters Integrity Certification Cost Proposal The cost proposal documentation will not be counted toward the 20 page limit as it relates to the RFP response. Cost Proposal should include: A fully loaded cost of providing vanpool vehicles and operating services to vanpool groups, including The cost associated with the on-site program coordination of the MMMPO Commuter Transportation Program should vanpool groups increase to 10 or more. The Contractor shall submit a ride price list for each size and style of van offered. The price list shall include the price variation for mileage beginning with 750 miles a month, with increments of 500 miles, up to 3500 miles per month. The vanpool monthly pricing proposed should reflect current year model vehicles but not more than two model years old for the different makes and models offered by the Contractor. Prices should be fully loaded to include all costs associated with offering vanpool service to MMMPO. Vanpool vehicles will be kept in service for a useful life, not to exceed, four (4) years or 100,000 miles, whichever occurs first. No stipulation will be made requiring vehicles a minimum period of service. 22

23 Contract Requirements MANAGEMENT, OPERATION AND MARKETING OF A REGIONAL VANPOOL PROGRAM PROJECT SUMMARY Project Objectives: The objective of the project is to successfully initiate and operate a comprehensive regional vanpool program that will connect major employers in Monongalia County with workers in and around the surrounding areas and provide an alternative means of commuting to and from work. The program will provide for trips that have either an origin or a destination within the MMMPO s jurisdictional boundary. Project Summary The MMMPO seeks from contractors who will support the MMMPO in the following aspects of the commuter transportation program: Development and management of the regional vanpool program including the leasing and provision of vanpool vehicles Marketing of MMMPO vanpool services for workers at major employers who live within the MMMP vanpooling area. The MMMPO will select vendor(s) to provide these services. Each vanpool will have a volunteer vanpool driver and backup driver. The Contractor will provide basic driving rules for the vanpool driver and backup driver. The Contractor will ensure that all drivers meet specified qualifications for performance of these duties. If at any point or for any reason the primary vanpool driver becomes unable to perform these duties, (i.e. illness, DMV violations, loss of driver s license, termination of employment et. al), the designated backup driver will assume responsibilities of the primary driver. The Contractor assumes all vehicle responsibilities and liabilities of the program and ensures that vanpool drivers are qualified to operate the vehicle. The Contractor must provide maintenance and insurance as part of the lease. The MMMPO will not be responsible for fleet administration including the legal and financial responsibility of vehicle operations and passenger fare collection. The capacity of the vans will vary from five (5) to fifteen (15) 23