Request for Proposal [insert date]
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- Pre-Proposal Protests
- Protests on the Recommended Award
- FTA Review
- Use of Proposal Forms
- Alternate and Multiple Proposals (Reserved)
AddressAll protests must be addressed as follows:
Protests not properly addressed to the address shown above may not be considered by the Agency. Copies of the Agency’s protest procedures and the protest provisions of FTA Circular 4220.1F or its successor may be obtained from [insert appropriate contact name, address and phone number]. Proposals will be opened and a Notice of Award will be issued by the Agency in accordance with the Agency’s protest procedures and the protest provisions of FTA Circular 4220.1F or its successor.
Pre-Proposal protests are protests based upon the content of the solicitation documents. Three copies of Pre-Proposal protests must be received by the Agency’s office no later than fifteen (15) calendar days prior to the Due Date. Protests will be considered and either denied or sustained in part or in whole, in writing, in a manner that provides verification of receipt, prior to the Due Date for Proposals. A written decision specifying the grounds for sustaining all or part of or denying the protest will be transmitted to the protestor prior to the Due Date for Proposals in a manner than provides verification of receipt prior to the Due Date for Proposals. If the protest is sustained, the Proposal Due Date may be postponed and an addendum issued to the solicitation documents or, at the sole discretion of the Agency, the solicitation may be canceled. If the protest is denied, Proposals will be received and opened on the scheduled date unless a protest is filed with FTA. See “FTA Review,” below.
All proposers will be notified of the recommended award. This notice will be transmitted to each proposer at the address contained in its Proposal form in a manner that provides verification of receipt. Any Proposer whose Proposal has not lapsed may protest the recommended award on any ground not specified in “Pre-Proposal Protests,” above. Three (3) copies of a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest must be received by the Agency at the appropriate address in “Address,” above, no later than fifteen (15) calendar days after the date such notification is received. Prior to the issuing of the Notice of Award, a written decision stating the grounds for allowing or denying the protest will be transmitted to the protestor and the proposer recommended for award in a manner that provides verification of receipt.
After such administrative remedies have been exhausted, an interested party may file a protest with the Federal Transit Administration of the U.S. Department of Transportation pursuant to the procedures provided in the FTA C 4220.1F or its successor. FTA review is limited to the alleged failure of the Agency to have written protest procedures, the alleged failure of the Agency to follow those procedures, the alleged failure of the Agency to review a protest or the alleged violation of federal law or regulation.
Proposers are advised that the forms contained in this RFP are required to be used for submission of a Proposal. NOTE: Agencies should utilize a submission format that can be completed electronically.
[Insert as needed]
Proposals shall be submitted in four separately sealed packages identified below. Each package shall be marked as specified below and shall contain all of the Proposal documents for which the package is required to be marked and shall include no other documents. These same requirements shall apply to any best and final offers (BAFOs) that may be requested. Proposers shall submit one original (marked clearly as such), [insert number] hard copies, and [insert number] CDs, each containing an electronic PDF copy of the Proposal to the Agency. In case of any discrepancies, the original will be considered by the Agency in evaluating the Proposal, and the electronic version is provided for the Agency’s administrative convenience only. The hard-copy Proposals shall be prepared double-sided on 8½ × 11 in. paper in at least 11-point font. The hard copies shall be contained in three-ring binders, the contents of which are identified on the outside. Use of 11 × 17 in. foldout sheets for large tables, charts or diagrams is permissible but should be limited. Elaborate formatting is not necessary. Do not provide promotional or advertising information, unless this information is requested and/or is necessary to support the technical submittal.
Package 2: Price Proposal Requirements Each Price Proposal shall be on the prescribed Proposal form(s) and shall be for the entire Contract, including all Proposal items. NOTE: The Agency is to specify the specific pricing data required and include the appropriate forms where prices are to be proposed. The Agency should also specify if Proposer must propose on all or some of the line items in the RFP. The Agency shall furnish to all prospective Proposers a list of applicable state and local taxes imposed by the Agency’s state or local governments. The Agency shall be liable for any such state and local taxes applicable to the complete bus as delivered that are promulgated and become effective between the Due Date and the delivery date.
The Proposer is required to complete and execute the Agency’s Pricing Schedule, contained as part of the Proposal documents, and provide same in the Price Proposal. The Contractor shall be liable for payment of all local taxes applicable to the complete bus as delivered and should add these amounts to the Proposal price. Package 3: Qualification Package Requirements
NOTE: In lieu of 4 above, an Agency may allow the submission of a Letter from Parent Company, indicating the willingness of the parent company to provide the financial guarantee upon award for a possible cost reduction. See also “Qualification requirements,” below. Package 4: Proprietary/Confidential Information Package Requirements The Proposer is directed to collect and submit any information it deems to be proprietary or confidential in nature in a separate marked and sealed package. If there is no confidential information, then the Proposer should include a statement to that effect. Subject package shall be submitted in accordance with the terms and conditions governing the submittal of proposer’s Proposal to this RFP. Blanket-type identification by designating whole pages or sections as containing proprietary information, trade secrets or confidential commercial and financial information will not ensure confidentiality. The specific proprietary information, trade secrets or confidential commercial and financial information must be clearly identified as such. The Proposer is advised that the Agency is public and as such may be subject to certain state and/or local Public Records Act provisions regarding the release of information concerning this RFP. If a request is received by the Agency for the release of Proposer’s propriety/confidential information, subject request will be referred to the Proposer for review and consideration. If Proposer chooses to declare the information proprietary/confidential and withhold it from release, it shall defend and hold harmless the Agency from any legal action arising from such a declaration.
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