ADDENDUM NO. 1

REQUEST FOR PROPOSAL NO. 4805 For ELECTRICAL STORAGE SYSTEMS (ESS)

August 8, 2018

TO ALL CONCERNED:

The original Contract Document for ELECTRICAL STORAGE SYSTEMS (ESS) for the Niagara Frontier Transportation Authority is hereby amended in accordance with the following:

• Questions received, and responses follow. This addendum shall form a part of the Contract Documents. Proponents must complete the Acknowledgement of Addenda Form included in the original Contract Document, and attach it with a copy of this addendum to their proposals. Failure to acknowledge receipt of all addenda may cause the proposal to be considered non-responsive to the solicitation.

Andrea Herald, Manager Procurement Department RFP 4805 ADDENDUM 1

QUESTIONS AND ANSWERS

1. Please send via email a bidders/planholders list for this project, and can you please confirm if the bid date remains the same. Please include recent addenda with the planholders list so we can ensure our members are up to date on your project.

ANSWER: A list of suppliers is attached that received notification of the RFP solicitation. The RFP due date and time remain the same. A copy of the addendum is attached to the original RFP document. You can download the RFP and addendum from the NTA website at http://bids.nfta.com.

2. The part number mentioned in Section 5 (General Requirements) states Allison ESS, Part# 299557378 or approved equal. I believe that to be a typo in the document as the Allison part number for ESS is 29557378. Is it acceptable to proceed onward and submit with the actual part number (the actual part number will be accepted as an approved equal to what was requested) or will this require the authority to re-solicit? ANSWER: The correct part number is Allison ESS3 CertPlus, Part # 29557576 or approved equal.

3. I also wanted you to let you know it appears NFTA is requesting a different P/N than what you have traditionally purchased. The last contract was for ESS3 PN: 29557576 CertPlus while solicitation# 4805 seems to be for PN: 29557378. Just so you are aware, Allison has balanced the line, so we can provide both items at identical cost. Not sure if CertPlus helps achieve additional Authority objectives

ANSWER: The correct part number is Allison ESS3 CertPlus, Part # 29557576 or approved equal. A replacement battery must be verified as to not affect the emissions from the vehicles diesel engine.

Bid Details Report Email Solicitation for Bids Bid #4805 - ELECTRICAL STORAGE SYSTEMS (ESS) Email Sent On: Total: 654

Company Contact Email

Jack Rott [email protected]

James Grew [email protected]

1-800-radiator of western new york chris bamberg [email protected]

10-75 Emergency Lighting, Llc Gabe Casucci [email protected]

247 Security Inc. Ed Crook [email protected]

A&a Brake Service Gerald Abatemarco [email protected]

A&a Brake Service Co. Inc. Gerald Abatemarco [email protected]

A-1 Alternative Fuel Systems Will Gutilla [email protected]

A-z Solutions, Inc. Bradley Sternberg [email protected]

Abc Alisha [email protected]

Abitronix, Llc Hugo E. Almeida [email protected]

Abs Com Pvt Lmt Sachiin [email protected]

Abt Products & Services Sabrina Stjohn [email protected]

ABT Products & Services, Ltd. Lisa Horchos [email protected]

Acp Technologies Benjamin Pearce [email protected]

Activ Systems Inc Krista Newman [email protected]

Adamson Industries Corp Dawn davidson [email protected]

Adorama Inc Alba Castillo [email protected]

Advance Autoparts Brian Bailey [email protected]

ADWAR VIDEO TONY CAGGINO [email protected]

Aero Specialties Derek Rose [email protected]

Airoyal Company Nick Calabro [email protected]

Alden Equipment Inc. Ralph Chiariello [email protected]

Alegna Inc Hosea Washington [email protected]

All Niagara Tour And Airport Services Liaquat Ali [email protected]

All Safe Industries, Inc. Carrie Brush [email protected]

Alliance Bus Group, Inc. Judy Longo [email protected]

Allied Building Products Brian Mccormack [email protected]

Alstom Transportation Inc. Ken Luptak [email protected]

Alto Products Corp Shinora Redmond [email protected]

amac safia [email protected]

American Custodial Inc David Bonacquisti [email protected]

american custodial, inc. thomas danni [email protected]

American Lamp Recycling Eric Bickmann [email protected]

American Moving Parts Scott Spiwak [email protected]

American Rail Company, Inc Nicole Nelson [email protected]

American Seating Jennifer Swanson [email protected]

American Traction Systems Robert Lockhart [email protected]

Amseco David Marchitello [email protected]

ANDREWS SUPPLY TIM DUNCAN [email protected]

Ansley Business Materials EunHee Kang [email protected]

Applied Industrial Technologies Bill Hickey [email protected]

Arcola Sales & Service Corp. Andrew G. Rolfe [email protected]

Asset Lighting & Electric, Inc Sarah Klein [email protected]

AT & T Enterprises LLC Trey Sippial [email protected]

Atlantic Battery Company Keith [email protected]

Atlantic Battery Company Keith Migell [email protected]

Atlantic Battery Company Keith Migell [email protected] ATLANTIC IM & EXPORT CORP DIETMAR RAU [email protected]

Atlantic Im- & Export Corp. Thomas Preisner [email protected]

Axletech Paul Jurewich [email protected]

Axletech Llc Paul Jurewich [email protected]

B.T.Electronics Thomas Lombard [email protected]

Barnes Distribution Gary Coates [email protected]

Basiceparts Charles [email protected]

Basil Ford Michael Mcgill [email protected]

Batteries Plus Wayne Nelson [email protected]

Batteries Plus Katie [email protected]

Batteries Plus Dustin Myers [email protected]

Batteries Plus Bulbs #606 Jeffrey Molnar [email protected]

Batteries Plus Bulbs #931 Jean Oliver [email protected]

BBA PROJECT ROBERT CASTIGLIA [email protected]

Bearing Distributors Inc. Brandon Mayerat [email protected]

Benzaiten Llc Elizabeth Heinlein [email protected]

bergen auto upholstery co., inc. carol formisano [email protected]

Best Buy Gov LLC Jeremy Blaz [email protected]

Bgr Radiator Mary Jane Burke [email protected]

Bhayana Brothers Llc M.k.bhayana [email protected]

bic supply fred stern [email protected]

Bidcorp Trevor [email protected]

Bidders Guide Publications Rich Fredericks [email protected]

Big Apple Sign Corp Mehul Dharia [email protected]

Bison Contracting & Builders Supply Corp Catherine Pera [email protected]

Bison Fleet Specialists Krista Goldsmith [email protected]

Bortek Industries, Inc. Mary Seiders [email protected]

BrightonCromwell Rocco Spinelli [email protected]

Buffalo Niagara Partnership Tracey Houston [email protected]

Buffalo Truck Center Jim Smigielski [email protected]

Buffalo Truck Center Keith Miller [email protected]

buffalo truckcenter.com tom krug [email protected]

Burnett Process, Inc. Chris Lafollette [email protected]

Burnett Process, Inc. Melissa Shea-brooks [email protected]

Bus Parts Warehouse Jim Miller [email protected]

BUS STUF INC JAMES GALLAGHER [email protected]

Buses Unlimited, Inc. John Reno [email protected]

Byr Inc Raizy Bernstein [email protected]

C-systems Co Bob Touzard [email protected]

C-systems Co. Bob Touzard [email protected]

cable plus tom larson [email protected]

Caldwell Cleaning Llc Richard Caldwell [email protected]

Callahan Weber Bill Foy [email protected]

Calteaux Rick [email protected]

Camerota Truck Parts Kathleen [email protected]

Campbell Freightliner Of Orange County, Llc Steven Feinberg [email protected]

Campione Safety Tony or Sal [email protected]

Canadian Urban Transit Association Nancy Sladich [email protected]

Cancore industries Todd [email protected]

Cancore Industries Todd Theriault [email protected]

Careone Builders Hollis Barclay [email protected]

Carquest Auto Parts Greg O'connor [email protected]

Casullo's Automotive Services Rocky [email protected]

Casullo's Automotive Services Rocky Casullo [email protected]

Casullos Automotive Service Inc. Rocco Casullo [email protected]

Cbm Us Inc Walt Supplee [email protected]

CBS Bus Sales & Service Frank Preston [email protected]

Cd Covenant Distributors International, Llc Kumira Mason [email protected]

CDC Jeff [email protected]

CDS Frank Dunne [email protected] CDTA Stacy Sansky [email protected]

Central Lewmar Joe Sceurman [email protected]

Centre Hamilton Electric Kamran [email protected]

Ch2m David Sachenik [email protected]

Chamtek Mfg Inc Robert Uerkvitz [email protected]

Chestnut Ridge Foam, Inc. Eileen Dillon [email protected]

Chief Corp. Suzi Clapp [email protected]

chudy paper co. frank michalski [email protected]

Cir Electric Adam M. Difelice [email protected]

City Electric Co Inc James Czaplicki [email protected]

Clever Devices Jorge Nieves [email protected]

Coastal Fire Systems John Drews [email protected]

Cobey Inc. Craig Jackson [email protected]

Colonial Equipment Sam Carbaugh [email protected]

Commercial Battery Co. Timothy Caya [email protected]

Complete Coach Works Kris Carson [email protected]

complete coach works macy neshati [email protected]

Complete Facilities Supply Jo Marocco [email protected]

Complete Filtration Services Inc. Craig Ferguson [email protected]

continental wireless inc rita weber [email protected]

Cook Brothers Ed Seyerlein [email protected]

Corporate Purchasing Solutions Kevin R. Barry [email protected]

Corsi Auto Body & Painting, Inc. Robert Heidenreich [email protected]

Creative Bus Sales Elizabeth Cortez [email protected]

Creative Bus Sales Elizabeth Cortez [email protected]

Creative Bus Sales Steve Allen [email protected]

Creative Bus Sales, Inc Joshua Pickett [email protected]

Creative Outdoor Advertising David Gray [email protected]

Crest A/V Electronics, Inc. Donald C. Evertt [email protected]

Crosstown Radiators & Scott Taylor [email protected]

Crystal Clean Steven Olsen [email protected]

Culhane Associates; Llc Terry Culhane [email protected]

Cumberland Equipment Paul Hoffman [email protected]

Cummins Northeast Paul Traverse [email protected]

Cummins Northeast Cam Hill [email protected]

D&D Ultimate Connection Llc Donnell Slay [email protected]

D&W Diesel Keith Dabb [email protected]

D&w Diesel, Inc. Susan Clickner [email protected]

Dale Electric Supply Company John Guglielmo [email protected]

Dartco Transmission Barry Jeshurin [email protected]

DeCarolis Heavy Duty Parts Timothy Coons [email protected]

Decarolis Heavy Duty Parts Greg Rawleigh [email protected]

Decarolis Truck Parts Frank Caputo [email protected]

DeFeo Manufacturing Chris Serrano [email protected]

Delacy Ford Dave Jablonski [email protected]

delacy ford ed stiller [email protected]

Delacy Ford Inc Ed Stiller [email protected]

Delacy Ford Inc Peter Delacy [email protected]

Delacy Ford Inc. Kenneth Kohn [email protected]

Delacy Ford, Inc. Jim Grew [email protected]

Deltek Nooshin Rezazad [email protected]

Detroit Radiator Victor McCliment [email protected]

Diamond Power Consultant Group, Inc. Woody A. Charles [email protected]

Diesel Radiator Co. Tammy D'Anza [email protected]

Diesel Radiator Company Tammy Ciesielski [email protected]

Dival Chris Sferra [email protected]

Dival Safety Ron Maranto [email protected]

DiVal Safety Equipment, Inc. Jeff Simet [email protected]

Diversitec Chris Davis [email protected]

Divine Imaging Inc Kimberly Devane [email protected] DOBMEIER LIFT TRUCKS JONATHAN BILLE [email protected]

Don Brown Bus Sales Nick Tarbox [email protected]

Don Brown Bus Sales, Inc. Mark Sebast [email protected]

Don Brown Bus Sales, Inc. Mike Bandel [email protected]

Donaldson Company Lisa Evans [email protected]

Dowd Battery Co., Inc. Michael A. Dowd [email protected]

DPF Regeneration.com Hattie-Jane Rollins [email protected]

Dpf Regeneration.com Llc Hattie-jane Rollins [email protected]

Drive Train Truck Parts Karena Hallahan [email protected]

Dukane Radiator & Sheet Metal Solutions Joshua Druzak [email protected]

Dukane Radiator & Sheetmetal Solutions Greg Wall [email protected]

Durabrake Co Caroline Siegel [email protected]

Dynatect Brian Ruddy [email protected]

E. D. Farrell Co., Inc. Edward R. Otis [email protected]

Eaglepicher Technologies, Llc Jackie Kennedy [email protected]

Eastern Horizon Corporation Simon Sankar [email protected]

Eckert Industries Tim Eckert [email protected]

Eckert Industries Timothy Eckert [email protected]

Eco-Battery, Inc. Camellia Lane [email protected]

El-Don Battery Post Inc Jeff Logsdon [email protected]

El-don Battery Post, Inc. Jeff Logsdon [email protected]

electro mechanical ind art [email protected]

Elkhart Coach Judy Jernigan [email protected]

Elreg Distributors Ltd Mark Macdonald [email protected]

Elreg Distributors Ltd Mark MacDonald [email protected]

EMCOM INDUSTRIES, INC. DANIEL A HIGGINS [email protected]

Emergency Responder Products Jeff Liebman [email protected]

Emerling Ford David Hartman [email protected]

Emerling Ford Lee Loretta [email protected]

Emerson Oil Co.,inc Chris Ciufo [email protected]

empire solutions of ny asad mahmood [email protected]

Enerdel Inc Bruce Silk [email protected]

Enerdel Inc. Tomasz Poznar [email protected]

Enerdel, Inc Tomasz Poznar [email protected]

EnerSys Karyl McKnight [email protected]

Enertec Rail Equipment Rob Thompson [email protected]

Engine Control Systems Glenn Havens [email protected]

Enlightened Inc David Cooper [email protected]

Erie Radiator & Clean Diesel Specialits Jim Holowka [email protected]

Esw Group Eric Pickard [email protected]

Evans Ace Hardware & Building Supplies Inc. John Hanewinckel [email protected]

Exide Technologies Sam Manuele [email protected]

Factory Direct Bus Sales, Inc. Heather Summa [email protected]

factory direct bussales,inc lori west [email protected]

Fadab Inc Babatunde [email protected]

Fairview Fittings & Mfg. Inc. Gordon Shanor [email protected]

Fairview Fittings Mfg. Inc. Paul Dudas [email protected]

Farm And City Supply Llc Jeff [email protected]

Farm And City Supply Llc Jeff Largent [email protected]

Fastenal Stephanie Barber [email protected]

Fastenal Sarah Kraft [email protected]

Fastenal Company Bryan Hoopes [email protected]

Fastenal Company Andrew Adams [email protected]

Fasteners Direct Chris [email protected]

Fasutima Services Fatiha Yamoun [email protected]

Fiberdyne Labs Markus Neckermann [email protected]

Fiberdyne Labs, Inc. Jeremy Nulty [email protected]

Finger Lakes /castle Deborah Schmitt [email protected]

Finger Lakes Technologies Group William Taglis [email protected]

First Star Auto Dba Daimner Anthony Issa [email protected] Fisher Scientific Co., Llc Brian Mcwhirter [email protected]

Fitting Solutions, Inc. Michael Clark [email protected]

Fitzsimmons Hydraulics Steve Barone & Mark Maier [email protected]

Fitzsimmons Hydraulics Eric [email protected]

Fleet Maintenance Inc Rich Dimitroff [email protected]

FLEET MAINTENANCE INC. JIM SMITH [email protected]

Fleet Pride JOHN MILLER [email protected]

Fleetpride John Miller [email protected]

FLEETPRIDE INC. ROBERT PALMER [email protected]

Fluid Power Service Corp. Nicholas Loomis [email protected]

FM Generator, Inc. Michael Sheddan [email protected]

Fm Office Express Stephanie Merrell [email protected]

Ford Motor Company Kevin Naro [email protected]

Ford Motor Company Alexis Scott [email protected]

freedman David Marchitello [email protected]

Fremont Industrial Corp Cassandra Bulger [email protected]

frey electric mike [email protected]

Frey Heavy Duty Andy Millar [email protected]

Fts Tax Preparation Tom Kingston [email protected]

G Bichler Enterprises LLC Max Bichler [email protected]

Gearcor, Inc. Ann Engle [email protected]

General Motors Jim Watson [email protected]

Genuine Parts Company John Grimmer [email protected]

Genuine Parts Company Anthony Germano [email protected]

Gillie Hyde Ford Lincoln Inc. Bradley Atwell [email protected]

Gillig Jim Ryan [email protected]

Gillig Corp. Eiji Kinoshita [email protected]

Gillig Corp. Jeffrey Anderson [email protected]

Gillig Llc Jerry Sheehan [email protected]

Gillig Llc Jeffrey Anderson [email protected]

Gillig Llc Michael Warren [email protected]

Gillig Llc Michael Warren [email protected]

Global Aviation Services Robert Maier [email protected]

GLOBAL EQUIPMENT COMPANY JO-ANN ZINO [email protected]

Global Industrial Michael Retzlaff [email protected]

Global Merchandising59 and Associates LLC Sam Humphrey [email protected]

Global Soft Inc Robert Amaio [email protected]

Globe Electric Co., Inc. Steve Rosenberg [email protected]

Goldcrest Electronics Of Albany Inc Frank A. Renna [email protected]

Gorlyn Consulting Marilyn B Hyacinth [email protected]

Gorman Emergency Vehicles Jack Bills [email protected]

Gorman Enterprise Tom Lewis [email protected]

Gorman Enterprises Tom Rojek [email protected]

Gorman Enterprises Tom Rojek [email protected]

gorman enterprises carmen Mitri [email protected]

Grab N Go Ahmed Alhadhari [email protected]

Graffiti Shield, Inc. Courtney Green [email protected]

Grainger Melissa Stroka [email protected]

Grainger Brian Cameron [email protected]

GRAINGER JAMES MASSAKER [email protected]

GRAINGER JIM MASSAKER [email protected]

Grainger Mike Loiacano [email protected]

Grainger Industrial Supply Terry Lucero [email protected]

Grayson Thermal Systems Grayson [email protected]

Greater Buffalo Trading Corp. Abbas Raza [email protected]

Greater Dayton RTA Joy J. Des Lauriers-Davis [email protected]

Gruber Power Ailine Norrell [email protected]

Gruber Power Services Charles Decker [email protected]

Guislumber & Home Center Inc Michael D. Wall [email protected]

Hagemeyer Paul McTigue [email protected] Hall Industries Inc. Scott A. Kennedy [email protected]

Hanes Supply Tony Tresco [email protected]

HasGo Power Equipment Sales, Inc. Margaret DeBellis [email protected]

Have, Inc. Darcie Unson [email protected]

Hbl America Inc. Paul Carter [email protected]

HERALD ENTERPRISES ANDREA HERALD [email protected]

Hi-mark Solutions, Inc Gabriel Sobande [email protected]

HL Dalis, Inc. Neil Howell [email protected]

HMT, Inc Jennifer Donahue [email protected]

Holzberg Communications, Inc. Andy Holzberg [email protected]

Hooper Handling Inc Douglas Ward [email protected]

Hoppecke Batteries, Inc. Robert Magdule [email protected]

Horwitz Supply Thomas Herman [email protected]

HughesPeters Inc. Alan Pufpaff [email protected]

Humphrey's Commercial Cleaning Services Llc Sam Humphrey [email protected]

Hunter Buffalo Peterbilt Todd Szymkowiak [email protected]

Huntleigh Bus Sales Russell Hermann [email protected]

Hutton Comms., Inc. Sue Hendrick [email protected]

Hydraulic Electric Component Supply, Inc. John Eckard [email protected]

Hydraulic Electric Component Supply, Inc. john Eckard [email protected]

Hydraulic Electric Inc Gary Boyle [email protected]

IBEG Inc. Kurt Boehni [email protected]

IBP Industries David Girrbach [email protected]

Infocus Rajvir [email protected]

Infoz Track Infoz Track [email protected]

Integrated Power Supplies International, Inc. David Pschierer [email protected]

Interstate All Battery Todd Winder [email protected]

Interstate All Battery Timothy Hoerner [email protected]

ITW Inc dba AAA Tool & Supply David Aronson [email protected]

J&S Power Solutions, INc. Sara Oczkowicz [email protected]

J. Conte Enterprises Alfred Conte [email protected]

J. D. White Associates, Inc. Michael E. White [email protected]

J. Mikulsky Railway Supply Co. Joann Mikulsky [email protected]

jahco chemicals heather marshall [email protected]

Jamaica Bearings Carlos [email protected]

Jamaica Bearings Company Shelley Richburg [email protected]

JANEK CHRIS [email protected]

Janel, Inc. Stephen [email protected]

Jasper Engine Exchange, Inc Michael Lamkin [email protected]

Jcw Import And Export Inc Yuki Liu [email protected]

Jem Tech Group Annette Bakic [email protected]

Jgm Inc. Jg [email protected]

Jit Toyota-lift Jason Larson [email protected]

Jit Truck Parts, Llc John Gruber [email protected]

JNJ SUPPLIES LLC John Testa [email protected]

Joe Johnson Equipment Craig Reynolds [email protected]

JWB Company James Birkenberger [email protected]

K-D Fluid Power Mark Herrmann [email protected]

Kc Electronic Distributor Inc Tara [email protected]

Keller Industrial Products, Inc. Greg Matthews [email protected]

Kenworth Northeast Group John Klementowski [email protected]

Kenworth Of Buffalo Doug Hughes [email protected]

Kenworthnortheasrgroupinc Wally Chowaniec [email protected]

Kirk's Automotive Inc. Al Benish [email protected]

Kirks Automotive Inc. Al Benish [email protected]

Kneworth Of Buffalo Daniel Linneman [email protected]

ko-fab gery kobos [email protected]

Konela Boubacar Kone [email protected]

KTG Services LLC Katie Gerwitz [email protected]

Kustom Seating Unlimited, Inc Brian Mannen [email protected] Laird Plastics Inc. Moe Jabar [email protected]

Larry H Miller Super Ford Lou Wakley [email protected]

Lawmen's Supply Randy Cherubino [email protected]

Lb Electric Supply Robert Polonsky [email protected]

Lead Electronics, Inc. Sandra Barber [email protected]

Lecip International Inc Takeshi Suda [email protected]

LED Smart USA Llc. Desiree Wartenbe [email protected]

Lekson Inc Lekson Inc [email protected]

Leonard Bus Sales, Inc. Billy Harvey [email protected]

Leslie Mcdermott Inc Les Mcdermott [email protected]

liberty enterprises gary m greco [email protected]

life safety engineered systems, inc. robert vezina [email protected]

Liftech Equipment Companies Michael Stanton [email protected]

Lkq Corporation Richard Ausderau [email protected]

lni signs inc orlando vargas [email protected]

Luminator-twin Vision Paul Chilkotowsky [email protected]

M & M Wholesale Bill Mason [email protected]

M.T.S. Material Transport Services, Inc. Christina Lee [email protected]

MaeTec Power, Inc. Gary Boone [email protected]

Mako Power LLC Dwight Kauf [email protected]

Maple Amherst Assoc Inc. Dba Hectors Ken Sfeir [email protected] Hardware

March Networks Inc Keith Winchester [email protected]

March Networks Inc. Cheryl Brost [email protected]

Masline Electronics John Rodriguez [email protected]

Mastermans Llp Brett Jacobson [email protected]

Masune Co. Brian Ross [email protected]

Matrix Railway Corp. Ivan Rivas [email protected]

Maureen Data Systems Joe Arena [email protected]

Mci Service Parts Sharon Marra [email protected]

Mckesson Medical Surgical Al Plante [email protected]

Mechanical Rubber Products Co., Inc. Alisa Sherow [email protected]

Midwest Bus Corp. Teresa Forbes [email protected]

Midwest Bus Corporation Joe Yoon [email protected]

Mie-th Holdings Llc D/ba Mid-island Electrical Michael Kupka [email protected] Supply

Mighty Auto Parts Of Wny Sara Gudorf [email protected]

Mil-aero Solutions Orolea Koonan [email protected]

MILLENNIUM TRANSIT SERVICES ROBERT IRWIN [email protected]

Milton Cat Brian Licata [email protected]

Minoritech, Inc. Patricia Marcaida [email protected]

Mission Sales and Supply, LLC Bruce Erby [email protected]

Mobilequbes Jacob Robinson [email protected]

Mohawk Ltd. Suzanne Bakiewicz [email protected]

MOHAWK MFG. & SUPPLY CO. ROBERT L. BROWN [email protected]

Mohawk Truck Inc. Bill Anthon [email protected]

Mohawk Truck, Inc. Michael Endres [email protected]

Mondial Ron Strobel [email protected]

Mondial Automotive, Inc. Bruce Perlmutter [email protected]

Mondial Automotive, Inc. Troy Gladkowski [email protected]

monroe tractor chris felosky [email protected]

Morning Star Industries, Inc. Kelly Brill [email protected]

Morris Industries Armal Morris [email protected]

mpx-NY Inc Patty Kowalewski [email protected]

MRS Industries Robert Chuvala [email protected]

MSC Industrial Supply Co. Wayne Stevens [email protected]

Multi-Source Edward Kennedy [email protected]

Multina Inc. Sylvie Martel [email protected]

Muncie Transit Supply Karen Louck [email protected]

MUNCIE TRANSIT SUPPLY Becky Huff [email protected]

Myers Power Products Rod Brown [email protected] Myers Tire Supply Distribution, Inc. Michelle Stroup [email protected]

Napa Auto Parts Chris Barnes [email protected]

Napa Auto Parts Joe Guido [email protected]

National Bus Sales Mike Curtis [email protected]

National Bus Sales & Leasing, Inc Aracely Montgomery [email protected]

National Railway Supply, Inc. JD Beck [email protected]

National Tool Warehouse Laurie Bailey [email protected]

Nationwide Power Solutions, Inc. Jim Baker [email protected]

Natsco Transit Solutions, Inc. George Marcellus [email protected]

Natsco Transit Solutions, Inc. George Marcellus [email protected]

Nebr Rob Catalanotto [email protected]

Neogenerations Roger Chhabra [email protected]

NEOPART Chris Steele [email protected]

Neopart Llc Kere Frey [email protected]

Network International, Inc. Ted L. Sparks [email protected]

New Computech, Inc Elena Hanna [email protected]

New Flyer Industries Limited BID DEPARTMENT [email protected]

New Flyer Industries Ltd. Sherri Wellwood [email protected]

New Flyer of America Inc. Chris Cudmore [email protected]

New York Bus Sales Llc Steven Costanzo [email protected]

New York State Preferred Source For People Daniel Bertrand [email protected] Who Are Blind

Nexxus Inc., Rommel Smith [email protected]

nfrastructure technologies, Inc. Anthony G. Leva [email protected]

Nfta Michael Martineck [email protected]

Nfta Cindy [email protected]

Nfta David State [email protected]

Nfta Corey Hacker [email protected]

Niagara Implement Inc. Greg Ketch [email protected]

niagara supply corporation michael agnello [email protected]

Niche Solutions, Inc. Sheryl Meyer [email protected]

Nopco Distributor Kristina Orellana [email protected]

North American Bus Industries Mike Brinning [email protected]

North Eastern Bus Rebuilders Inc. Vincent Vesce [email protected]

Northeast Battery Scott Oberther [email protected]

Northeast Battery Steven Silva [email protected]

Northeast Battery Gregory F Caya [email protected]

Northeast Battery Llc Joe Adams [email protected]

Northeast Electrical Testing James McGahan [email protected]

Northeast Machine Robert Dee [email protected]

Northeast Machine Kevin McDonald [email protected]

Nova Bus A Division Of Prevost Car Joe Decresenzo [email protected]

Nu-way Auto Parts David Frieder [email protected]

Nuway Auto Parts Michael Maggiore [email protected]

Nysid Margie Werder [email protected]

NYSID Brian Bateman [email protected]

Nyspro Peter Green [email protected]

Nyspsp CC Laney [email protected]

Office Depot Chris Diehl [email protected]

Office Depot, Inc Robert Baldasty [email protected]

Office Plus Supplies & Equipment,inc. Kahn Ramlakhan [email protected]

OfficeMax Nicole Volpe [email protected]

Officemax Workplace Sharon G Gilray [email protected]

Ok Rail Signals, Inc. Marlene Bootenhoff [email protected]

On Services Sally Williams [email protected]

On Services Joel Cheshier [email protected]

Osi Batteries Peggy Lindsey [email protected]

Packaging Tape, Inc Wes Hoffman [email protected]

Parts Authority Inc. Michael G Brown [email protected]

Partsway Inc. Dave Cohen [email protected]

PDI Supply Art Yockel/Len Stein [email protected] Penn Detroit Diesel Dave Zientek [email protected]

Penn Detroit Diesel Maureen Rowley [email protected]

Penn Detroit Diesel Allison Aaron Berry [email protected]

Penn Detroit Diesel Allison Jim Frazier [email protected]

Penn Detroit Diesel Allison & Carrier Transicold Ron Taro [email protected]

Penn Detroit Diesel Allison Inc Dave Hicks [email protected]

Penn Detroit Diesel Allison Inc. Dennis Eberhardt [email protected]

Penn Detroit Diesel Allison Llc Martin Napier [email protected]

Penn Detroit Diesel-allison Jim Mcmahon [email protected]

Penn Detroit Diesel-allison, Llc Rich Hyman [email protected]

Penn Detroit Diesel-allison, Llc Rich Hyman [email protected]

Performance Battery Group, Inc. Gordon Close [email protected]

Philipps Brothers Supply William Edward Philipps [email protected]

Pina Solutions Karen M Thoma [email protected]

Pinnacle Wireless Jeff Jacobson [email protected]

PKA Technologies, Inc. Donna Cancro [email protected]

Powell Electrical Systems Inc Sharon James [email protected]

Power Drives, Inc Dale Butler [email protected]

Power Plus Engineering, Inc. Bill Mackey [email protected]

POWER PLUS Engineering, Inc. Mike Mancuso [email protected]

Power Steering Associates Billy Denton [email protected]

POWER SYSTEMS ENGINEERING DANIEL NEWMAN [email protected]

Powermaster Battery Rick Hallock [email protected]

Powertech Controls Kevin Zsamba [email protected]

PRC Supplies, Inc. David Brandon [email protected]

Prevost Wendy Pieczonka [email protected]

Prior Aviation Service Inc Mike Casper [email protected]

Prior Aviation Service Inc. David E Mittlefehldt [email protected]

Prior Aviation Service Inc. Tara Hohman [email protected]

Pro-vision Video Systems Leon Palmer [email protected]

Progressive Hydraulics Doug Hanlon [email protected]

Prolift, Inc Patrick Feeley [email protected]

Proxity Robert Amaio [email protected]

Psta Lou Emma [email protected]

PWR,LLC John J Donnelly [email protected]

Pyramid School Products Daniel Sanders [email protected]

RAILHEAD VISION SYSTEMS THOMAS POULSEN [email protected]

Raptor Component Supply Patricia Amick [email protected]

Red Points Enterprises Llc Michelle Sahai [email protected]

Reddcutt Mfg David Redding [email protected]

Reed Construction Data Halleston Toney [email protected]

Regional International Bud Garver [email protected]

Regional International Corp Rick Mcdowell [email protected]

Regional International Of WNY Gary Jankowiak [email protected]

Regional International Wny Gary Jankowiak [email protected]

Reliable Investments Llc Anthony Obiako [email protected]

Rexel Angelo [email protected]

rexel gene musial [email protected]

Rexel Ken Campbell [email protected]

RGRTA David Dadetta [email protected]

RGRTA Jane Naylon [email protected]

Rl Controls, Llc Colleen Hennigan [email protected]

Rodgers & Sons Inc Bob Rodgers [email protected]

ROLLINS TRANSMISSION SUPPLY JANE ROLLINS [email protected]

Romaine Electric Corporation Casey Haskin [email protected]

Romaine Electric/Oregon Charles Webb [email protected]

Rome Truck Parts, Inc. Kristin Kent [email protected]

ROOT,NEAL AND CO JAMES C NEAL [email protected]

Roraima Consulting Inc. Andrea Watson-james [email protected]

Rosco Vision Systems Scott Coleman [email protected] ROUTE 23 AUTO MALL ROBERT LIPPI [email protected]

RPCI, Inc. Ken Roberts [email protected]

RPCVI,Inc michael ludwig [email protected]

RTR Technologies, Inc. Cindy Roots [email protected]

Rw Gonzalez Office Products Mary Carneiro [email protected]

Ryantel Llc Maggie Teliska [email protected]

Safety Vision LLC Linette Roach [email protected]

Safety-kleen Systems Inc. Rachel Watson [email protected]

Saia Communications Mike Saia [email protected]

SAMMYS AUTO REPAIR SAM [email protected]

Saratoga Quality Hardware Louise Eddy [email protected]

SARDO Bus & Coach Upholstery Jim Kemme [email protected]

sawhorse lumber & more inc. harold mittleman [email protected]

SCER, Supreme, Inc. Bob Reilly [email protected]

Sd Cards Shimon Deutsch [email protected]

Sdvosb Materials, Technology & Supply Llc Harrison J Kendall [email protected]

SELECTIVE TRANSIT PARTS INC. CLAUS BLOCK [email protected]

Seon Daniel Melleady [email protected]

SEPS, Inc. Gail Battista [email protected]

Serendipity Electronics Inc. Liz Ratafia [email protected]

Service Specialties,inc. Michael Zilich [email protected]

Shanor Electric Glenn Meyers [email protected]

Shepard Bros., Inc. David Delforte [email protected]

Sherwood Electromotion Inc. Ted Batho [email protected]

Sierra Group LLC Dan Wallace [email protected]

Sil4 Systems Carl Conti [email protected]

simco supply llc shilpika simet [email protected]

Simplexgrinnell Jason Hoock [email protected]

Smg Ted Clark [email protected]

Smi Jim Haigh [email protected]

Softshare, Inc. Robin Rios [email protected]

Sonicare Solutions Abraham Lopez [email protected]

Southern Coach Parts Co Craig Schoggen [email protected]

Southern Coach Parts Company Herman D. Bolden [email protected]

Southwest Radio Sales, Inc. Randy Power [email protected]

Sportworks Nortwest, Inc. Meredith Wendt [email protected]

Stafford Mfg.Engg Supply, Inc Raju Vanguri [email protected]

Staples Advantage Chris Murphy [email protected]

Staples Advantage Christie Bregande [email protected]

Staples Business Advantage Scott Long [email protected]

Staples Business Advantage Patricia Burngasser [email protected]

Staples Business Advantage Facilities Gregory Anstett [email protected]

Starcraft Bus Mark Barczak [email protected]

State Industrial Products Mark E. Barszcz [email protected]

Static Power Conversion Services, Inc. Ryan Muir [email protected]

Storage Battery Systems Inc William Rubenzer [email protected]

Strategic Response Initiatives Anita Domanico [email protected]

Strategic Response Initiatives, Llc James Pompilio [email protected]

Suffolk County Communications Joseph Abbaticchio [email protected]

Sunset Survival & First Aid, Inc. Debbie Depin [email protected]

SunSource Mike Meleskie [email protected]

Superior Lubricants Co., Inc Joe Dunworth [email protected]

Superior Lubricants Co., Inc. Chris Obrien [email protected]

Syracuse Time & Alarm Co., Inc. John A. Urciuoli [email protected]

T&f Consulting Lipa Berk [email protected]

Talley Communications Bradley Feige [email protected]

Tarten Equipment Limited Dennis Balzer [email protected]

TCC r f thompson [email protected]

Technology Consulting Group Inc. Mark Dundovich [email protected]

Tecmotiv (USA) Inc. Gary Sheedy [email protected] Teknow Services Gary Crowe [email protected]

Temp-press Inc. David Cellura [email protected]

Tennant Company Bill Moeller [email protected]

Tera Consulting Inc Tera Consulting Inc [email protected]

TESSCO Inc. Desmond Esteves [email protected]

Thales Transport & Security, Inc. Kevin Garben [email protected]

The Aftermarket Parts Company, Llc New Flyer Parts [email protected]

the battery Timothy Caya [email protected]

The Battery Store + Jackie [email protected]

The Hoeg Corporation Dan Hoeg [email protected]

The OutSource Jennifer Bellows [email protected]

Tiles In Style Llc Zen Govan [email protected]

Tinitron Inc. David Fulton [email protected]

Tnr Technical, Inc Donna Gurganus [email protected]

total lighting service brian [email protected]

Total Protection Alarms & Communications John Haven [email protected]

Tracey Road Equipment Judy Granger [email protected]

Traffic Safety Service LLC Jeffrey Siadik [email protected]

Trans Capital Resources Group Arnold L. Saltzman [email protected]

TRANSAXLE JOHN R GASIECKI [email protected]

Translite Enterprises Inc. Monique Dasilva [email protected]

Transportation Technology, Inc. Gene Boyett [email protected]

Tremont Paint Supply Mark Lipton [email protected]

TRIAD SYNERGY GROUP INC TERRY LADUCA [email protected]

Triad Synergy Group, Inc. Frank Pingtella [email protected]

TT S C Distributing Llc Bill Hickman [email protected]

Tti Inc Barbara Belli [email protected]

Universal Engine Inc Michael [email protected]

US Tech, Inc. Jeff Lerner [email protected]

Utc Fire & Security Americas Corporation, Inc. Guy Standard [email protected]

Uzo 1 International, Ltd. Uzo Ihenko [email protected]

Vanner Inc Doug Adams [email protected]

Vapor Bus International Vincent Ryman [email protected]

Vapor Bus International George Lackey [email protected]

Vehicle Maintenance Program Penny Brooks [email protected]

Veteran Electrical Supply Andrew Baek [email protected]

Veterans Serving America Jason Becker [email protected]

Volland Electric Gregg Zimmerman [email protected]

Volland Electric Equipment Corp. Jim Watters [email protected]

VSA Andrea Greiff [email protected]

W.b. Mason Tim Mcgravey [email protected]

Ward Clean Air Brandon Carlisle [email protected]

Ward Clean Air Products Sally Spreng [email protected]

Ward Clean Air Products Sally Spreng [email protected]

Wats International Jim Watts [email protected]

Wb Mason Brianne Mcmahon [email protected]

We Care Paul Snyder [email protected]

We Care Transportation Brian Snyder [email protected]

Webb Severe Duty Amanda Livingston [email protected]

WECSYS LLC KEHINDE [email protected]

Weissco Power Llc Eric Weiss [email protected]

WESCO DISTRIBUTION INC. MIKE WESOLOWSKI [email protected]

West Herr Ford Linc Jack Rott [email protected]

west herr ford of amherst martin sehl [email protected]

Westherr Auto Group Jack Rott [email protected]

Wetzel Service Corp. Jeffrey Wetzel [email protected]

Wholesale & Mfr Pvf Inc Tedwadera [email protected]

Wipe-Tex International Corp Barbara Florenzan [email protected]

World Automotive Jim Coupe [email protected]

World Sound Rentals, Inc Matthew Hochman [email protected] Y&S Inter.com Inc. Dr.Imranov Musa [email protected]

Zen Industrial Services Ranjit Sahni [email protected]

Zen Industrial Services, Llc Ranjit Sahni [email protected]

Zen Industrial Sservices LLC Ron Sahni [email protected]

Zen-tinel Inc. Judy Kuzniewski [email protected]

Zen-tinel.inc Judy Kuzniewski [email protected]

zoladz tire don zoladz [email protected] REQUEST FOR PROPOSAL

RFP NO. 4805

ELECTRICAL STORAGE SYSTEMS (ESS)

PROPOSALS WILL BE RECEIVED UNTIL AUGUST 13, 2018 at 11:00 a.m. LOCAL TIME

PROPONENTS MUST REGISTER AND DOWNLOAD THIS RFP FROM THE NFTA WEB SITE AT HTTP://BIDS.NFTA.COM/ TO BE NOTIFIED OF SUBSEQUENT AMENDMENTS. ONLY REGISTERED SUPPLIERS WILL RECEIVE NOTIFICATION OF NEW RFP’S AS THEY BECOME AVAILABLE.

All correspondence, communications, or contact with the NFTA regarding any aspect of this proposal shall be with the designated Procurement Official or her appointed representative. Prospective proponents, or their representatives, shall not contact or communicate with any representatives of the NFTA, including employees and consultants, other than the designated Procurement Official, regarding any aspect of this proposal.

THE RFP NUMBER MUST BE REFERENCED ON ALL SUBMITTALS AND CORRESPONDENCE.

1 PROPOSAL SUBMITTAL INSTRUCTIONS:

Proposals will be received until 11:00 a.m., local time, on AUGUST 13, 2018

in accordance with the attached proposal documents. Proposals must be submitted in an opaque, sealed envelope addressed to:

NIAGARA FRONTIER TRANSPORTATION AUTHORITY Procurement Department Attention: Cindy Judd 181 Ellicott Street Buffalo, New York 14203 716-855-7206 [email protected] www.nfta.com

MARK ON LOWER LEFT-HAND CORNER OF OUTER ENVELOPE/PACKAGE:

RFP NO.: 4805

DUE DATE AND TIME: AUGUST 13, 2018 at 11:00 a.m., Local Time

FOR: ELECTRICAL STORAGE SYSTEMS (ESS)

NAME OF PROPONENT: ______

PROPOSALS MUST BE RECEIVED AT 181 ELLICOTT STREET, 5TH FLOOR, PROCUREMENT DEPARTMENT, BEFORE THE DESIGNATED TIME TO BE CONSIDERED.

Proposals received after the date and time specified above shall be considered late and, therefore, shall not be opened nor considered for award. The Authority reserves the right to reject any or all proposals, or to waive any informality in the proposal.

2

PROPOSAL SUBMITTAL INSTRUCTIONS, continued:

SUBMIT 4 HARD COPIES OF THE PROPOSAL AND 1 ELECTRONIC COPY (flash drive).

The following items shall be included with the proposal and made part of any agreement entered into pursuant to this RFP:

• Cover Letter • Description of Products and Services • Firm, Management and Staff Qualifications • References • Cost Proposal • Proposal Forms (Refer to Forms and Reference Section) • Technical Submittals • Lead Time/Delivery • Warranty Information

SOLICITATION SCHEDULE (All times stated are local Buffalo, NY times EST)

Due Date for Questions or Clarification Requests: JULY 31, 2018 NFTA Response to Questions Date: AUGUST 2, 2018 Proposal Due Date and Time: AUGUST 13, 2018 at 11:00 a.m.

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RFP NO. 4805 PROJECT DESCRIPTION AND TECHNICAL REQUIREMENTS ELECTRICAL STORAGE SYSTEMS (ESS)

1. PURPOSE

It is the intent of this specification to provide and describe the minimum acceptable criteria for the procurement, delivery and warranty of a new Electrical Storage System (ESS) used with an Allison Ep 40 Hybrid Drive System (www.allisontransmission.com). Such a hybrid drive system is used in heavy duty buses for the provision of transit services to the public.

2. TERM

The term of the contract shall be for one year commencing on or about October 1, 2018.

3. BRAND NAMES

A brand name may be used in these specifications to identify the characteristics and level of quality of products that will satisfy NFTA’s requirements. Proposed ‘or equal’ parts or items must be of the same quality and comply with the manufacturer’s requirements and specifications; physical, functional and /or performance characteristics; and not compromise any manufacturers’ warranties. Contractor’s shall state the proposed manufacturer's name, part number and provide documentation sufficient, in the NFTA’s judgment, to permit a determination as to whether the parts or items bid constitute an approved ‘or equal’. If non-original equipment manufacturer parts are proposed, written documentation must be provided guaranteeing that the parts will install and/or perform the same as original equipment manufacturer parts.

4. ESTIMATED USAGE

An estimate of nine (9) Electrical Storage Systems may be replaced during the term of the agreement. This figure is provided for your information only, and in no way, represents a commitment from NFTA to purchase that quantity of material. The ESS’s will be ordered as needed throughout the term of the agreement.

5. GENERAL REQUIREMENTS

An ESS must meet the following requirements:

• Allison ESS3, Part # 299557378 or approved equal

• If an alternative ESS is proposed, other than the ESS listed in this specification, it must have a minimum 5 years of documented and successful use with the Allison

4

Ep 40 Hybrid Drive System.

• If an alternative ESS is proposed with less than 5 years of documented and successful use, the bidder must include, with the cost of such a ESS, a minimum seven (7) year replacement warranty.

NFTA will be responsible for the installation of the ESS.

6. CONTRACTOR’S QUALIFICATIONS

If an ESS, other than the ESS listed in this specification is proposed, the Contractor must provide a list of their clients, with the number of ESS’s utilized and the date(s) the units began service.

7. WARRANTY

An ESS must have a minimum warranty period of two (2) years applicable to the manufacturer of the ESS. The warranty shall cover all replacement parts and labor costs attributable to any worn or failed components. The warranty period shall begin when an ESS is installed on a bus and the bus is placed in revenue service.

As stated under the requirements, if an alternative ESS is proposed with less than five (5) years of documented and successful use, the Proponent must include with the cost of such a ESS, a minimum seven (7) year replacement warranty.

8. TECHNICAL SUBMITTALS

Proponents shall submit all information and technical data, such as specifications and SDS, necessary for the NFTA to determine if the battery and warranty proposed, meet or exceed these specifications. In addition, references and delivery time shall be included with the proposal. Delivery/lead time shall be provided from the point the order is received, to the time it is to be delivered.

9. DELIVERY

The goods ordered under the resulting contract must be delivered within 30 days of receipt of a purchase order. All goods, of the resulting contract, must be shipped to: Niagara Frontier Transit Metro Systems, Inc. 78 East Ferry St. Buffalo, NY 14209

10. EXCEPTIONS/DEVIATIONS

Any exceptions, deviations or alternatives to the specifications must be noted and submitted as part of the proposal.

11. PRICING

The Contractor shall submit a firm fixed price on the attached cost proposal form. The cost of an extended warranty and shipping costs, if any, shall be included as well.

5

6

PROPOSAL EVALUATION

An NFTA Selection Team will evaluate proposals. The team will select the proponent whose proposal is most advantageous to the NFTA, considering the evaluation criteria.

Selection Procedure

1. The selection team will evaluate and score all proposals received. 2. Proposals not meeting minimum requirements and those that are not responsive, will not be given further consideration. 3. Proposals in the competitive range will be determined. These proponents may be asked to present their proposal to the selection team. 4. When presentations, discussions and negotiations are concluded, NFTA may request revised proposals and /or best and final offers from responsible proponents in the competitive range. 5. Proposals will be re-evaluated and scored. The selection team will recommend that the proponent with the highest overall score be awarded the contract. The recommendation must be approved by the NFTA Board of Commissioners prior to the execution of a contract.

NOTE: NFTA reserves the right to make the award based upon the initial proposals submitted, without presentations or discussions.

Evaluation Criteria (Listed in order of importance)

Technical 50% - • Compliance with technical requirements.

Cost 30%

Qualifications and Experience 20% - • Demonstrated ability in the industry • Past Performances • References • Warranty • Lead Time

7

PROPOSAL INSTRUCTIONS

1. INTRODUCTION

This Request for Proposal ("RFP") invites proposals for ELECTRICAL STORAGE SYSTEMS (ESS) as set forth herein. These services may be modified during contract negotiations between the Proponent and the NFTA.

The Proponent is encouraged to use its previous knowledge and experience to develop a proposal to meet the NFTA’s needs and a time schedule for completion within the constraints set forth in the project description and technical requirements.

This RFP does not commit the NFTA to negotiate a contract, nor does it obligate the NFTA to pay for any costs incurred in preparation and submission of proposals or costs incurred prior to entering into a formal agreement.

Proposals will be accepted until 11:00 a.m. local time, AUGUST 13, 2018 at the Office of the Manager, Procurement, Fifth Floor, Metropolitan Transportation Center, 181 Ellicott Street, Buffalo, New York 14203. Proposals should be submitted in an opaque, sealed envelope. Proposals received after the date and time specified above shall be considered late proposals and, therefore, shall not be opened nor considered for award. The RFP number must be referenced on all submittals and correspondence.

2. PROPONENT QUALIFICATIONS

To be considered qualified, the Proponent must demonstrate in its proposal that it has the background, experience, and the technical and management resources required to organize and conduct the services outlined in this RFP. The Proponent shall furnish information documenting its ability to provide and perform all work related to its implementation and ongoing effectiveness of the project, in a timetable acceptable by the NFTA. The NFTA reserves the right to investigate the qualifications of firms under consideration to confirm any part of the information furnished by the Proponent. Anything less than satisfactory performance on a prior NFTA contract may lead to the NFTA concluding that the Proponent is not qualified.

2.1 Joint Venture: Proposals submitted by a joint venture shall not be considered unless the contractual responsibilities of the parties to the joint venture are clearly and specifically identified.

2.2 Validity Period: The proposal shall be considered valid for the period of time it takes to negotiate a contract with the successful Proponent. This may involve a period of up to 90 days following submittal. If a proposal is not valid for this time period, notification of the valid time period must be made in the letter of transmittal.

2.3 Disclosure of Proposal Data: Access to the NFTA’s records is governed by Article 6 of the Public Officers Law of the State of New York (“Freedom of Information Law”). Except as otherwise required by the Freedom of Information Law, the NFTA will exempt from disclosure records submitted in the proposal which are trade secrets or are maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive

8

position of the subject enterprise. Any such records that an Offeror believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections as records exempt from disclosure will not assure confidentiality. The specific records must be clearly identified and an explanation submitted as to why they should be exempt. Proposal Forms shall not be designated to be proprietary. The NFTA will disregard any proprietary markings on any Proposal Form.

NFTA will not be liable for disclosure of information not marked consistent with the instructions above.

Upon a request for records from a third party regarding any records submitted with this proposal for which an exemption was sought the NFTA will notify in writing the party involved. The party involved must respond within 10 (ten) business days with a written statement of the necessity for the continuation of such exemption.

2.4 Agreement: The Proponent awarded the contract will be required to execute an Agreement in a form acceptable to the Authority.

3. RFP AMENDMENTS/QUESTIONS

This RFP represents a written statement on the part of the NFTA explaining the requirements, terms, and conditions for submissions of proposals. The RFP covers this material as comprehensively and completely as it can at this time and thus contains all representations of the NFTA with respect to this matter. Any information or understandings, verbal or written, which are not contained within this RFP, or in later written addenda to this RFP, if issued, will be excluded from consideration in evaluating proposals.

Any questions, objections or requests for revisions which Proponents may have should be submitted in writing to Cindy Judd via e-mail and received no later than July 31, 2018. If questions submitted to the NFTA make issuance of addenda to this RFP necessary, such addenda will be distributed to all prospective Proponents. However, it is the responsibility of the Proponent to determine whether addenda have been issued and to acknowledge their receipt in its proposal.

4. PROPOSAL

The Proponent shall submit 4 hard copies of their proposal and 1 electronic copy.

4.1 Format: The proposal must be in compliance with the format described herein. The proposal shall be prepared on 8-1/2" x 11" paper bound on the long side. All pages are to be sequentially numbered. Unnecessarily elaborate proposals are not desired. Proposals should be concise, particularly with respect to past experience on other projects and the resumes of key personnel. Related experience is essential. Be specific on past and current assignments. Define the firm's involvement and responsibilities in each project.

9

Electronic Copy: The electronic copy of the proposal must be included with the hard copies of the proposal. The electronic copy must be submitted in the form of a flash drive. An emailed copy of the electronic version will not be accepted.

The Proponent's technical proposal shall be prepared using the following format to facilitate evaluation. If a Proponent fails to provide the information requested in one or more sections, the proposal may be considered non-responsive.

4.2 Content: The proposal shall contain the following items: Cover Letter Project Implementation Project Organization Key Personnel Related Projects Background Experience Cost Proposal Proposal Forms - Completed as appropriate with supplemental data. (Refer to Forms and Reference Section)

4.2.1 Cover Letter: The proposal shall be submitted with a cover letter summarizing key points in the proposal. Any introductory remarks may also be placed in the cover letter. Provide a contact name, address, phone number and email address. The cover letter should not exceed three pages in length.

4.2.2 Project Implementation: The Proponent shall describe its plans to provide the requested services. This section should include a narrative description of the proposed methodology to accomplish the required tasks, as well as any innovations used on similar projects which may be applicable to the project.

4.2.3 Project Organization: This section of the proposal should be used to provide information on the Proponent’s organization and staffing of the project. It should briefly describe the Proponent’s personnel and pertinent qualifications.

4.2.4 Key Personnel: A list of key personnel for this project must be submitted along with resumes for each person.

4.2.5 Related Projects: A list of other contracts entered into by your firm that are similar to this project should be provided. Each should include the degree of involvement by your firm.

4.2.6 Background Experience: This section should contain a brief history of your firm, names of principals, concise description of the types of work accomplished, indication of current staff size and location and other relevant background information.

This section should also contain information demonstrating that your firm has a good working relationship with its clients, including a list of references (include contact names, addresses, phone numbers) copies of letters of commendation and a discussion of how problems arising during the course of project are addressed. Indicate if your firm has ever defaulted on a contract; describe the circumstances and outcome.

10

4.2.7 Project Cost Proposal: Submit an itemized cost proposal.

4.2.8 Proposal Forms: All forms requiring Proponent responses must be completed and submitted with the proposal.

NEW YORK STATE CONTRACT REQUIREMENTS:

1. Executory Clause In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. Permits and Compliance with Laws The NFTA, in the construction, installation and operation of transportation facilities, is not required to obtain licenses or permits from any municipal or political subdivision of the State of New York. The Contractor, therefore, will not be required to obtain licenses or permits from any county, city, town or village agency or department. The Contractor shall, however, secure and pay for all permits, fees and licenses necessary to comply with applicable federal or state laws. Except as provided above, the Contractor shall comply with all federal, state, county and municipal laws, codes and regulations in connection with the prosecution of the work. The Contractor shall protect, indemnify and hold harmless the NFTA and all of their officers, agents and employees against any and all claims and liabilities arising from or based on the violation of any such requirement or law whether by the Contractor, its employees, agents or subcontractors.

3. Non-Assignment In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

4. Worker’s Compensation In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

5. Non-Discrimination Requirements

11

To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. Wage and Hours Provisions If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.

7. Non-Collusion Bidding Certification In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf.

8. International Boycott Prohibition In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an

12 international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4).

9. Set-Off Rights The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. Records The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.

11. Identifying Information and Privacy Notification (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the

13 payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

THE FOLLOWING REQUIREMENT IS APPLICABLE TO PROCUREMENTS WITH A TOTAL EXPENDITURE IN EXCESS OF (I) $25,000 FOR LABOR, SERVICES EQUIPMENT, MATERIALS TECHNOLOGY, OR ANY COMBINATION OF THE FOREGOING AND (II) $100,000 FOR PROPERTY RENOVATION OR CONSTRUCTION.

12. Participation by Minority Group Members and Women with Respect to State Contracts: Requirements and Procedures

I. General Provisions

A. NFTA, as applicable, is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 140-145 (“MWBE Regulations”) inclusive of MWBE goals (see below) for all State contracts, as defined therein, with a value in excess of (1) $25,000 for labor, services, equipment, materials, or any combination of the foregoing and (2) $100,000 for real property renovations and construction.

B. The contractor to the subject contract (the “Contractor” and the “Contract,” respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the NFTA, to fully comply and cooperate with the NFTA in the implementation of New York State Executive Law Article 15-A. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for certified minority and women-owned business enterprises (“MWBEs”). The Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR § 142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) or other applicable federal, state or local laws.

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C. Failure to comply with all of the requirements herein may result in a finding of non- responsiveness, non-responsibility and/or a breach of contract, leading to the withholding of funds or such other actions, liquidated damages pursuant to Section VII of this Appendix or enforcement proceedings as allowed by the Contract.

II. Contract Goals

A. In general, the NFTA hereby established an overall goal of 30% for MWBE participation; 15% for New York State certified minority-owned business enterprises (“MBE”) and 15% for New York State certified women-owned business enterprises (“WBE”) participation (collectively, “MWBE Contract Goals”) based on the current availability of qualified MBEs and WBEs.

There are no specific goals for this procurement.

B. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the MWBE Contract Goals established in Section II-A hereof, the Contractor should reference the directory of New York State Certified MBWEs found at the following internet address: https://ny.newnycontracts.com.

Additionally, the Contractor is encouraged to contact the Division of Minority and Woman Business Development ((518) 292-5250; (212) 803-2414; or (716) 846- 8200) to discuss additional methods of maximizing participation by MWBEs on the Contract.

C. Where MWBE Contract Goals have been established herein, pursuant to 5 NYCRR § 142.8, the Contractor must document “good faith efforts” to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract. In accordance with Section 316-a of Article 15-A and 5 NYCRR § 142.13, the Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such a finding constitutes a breach of contract and the Contractor shall be liable to the NFTA for liquidated or other appropriate damages, as set forth herein.

III. Equal Employment Opportunity (EEO)

A. The Contractor agrees to be bound by the provisions of Article 15-A and the MWBE Regulations promulgated thereunder by the Division of Minority and Women's Business Development of the New York State Department of Economic Development (the “Division”). If any of these terms or provisions conflict with applicable law or regulations, such laws and regulations shall supersede these requirements.

B. The Contractor shall comply with the following provisions of Article 15-A:

1. Each contractor and subcontractor performing work on the Contract shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without

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discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 2. The Contractor shall submit an EEO policy statement to the NFTA within seventy two (72) hours after the date of the notice by NFTA to award the Contract to the Contractor. 3. If the Contractor or Subcontractor does not have an existing EEO policy statement, the NFTA may provide the Contractor or Subcontractor a model statement (see Form – Minority and Women-Owned Business Enterprises Equal Employment Opportunity Policy Statement). 4. The Contractor’s EEO policy statement shall include the following language:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force. b. The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. c. The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein. d. The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph “E” of this Section III, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each Subcontractor as to work in connection with the Contract. REQUIREMENT “C” BELOW IS ONLY APPLICABLE TO CONTRACTS WITH A TOTAL EXPENDITURE IN EXCESS OF $250,000.

C. Staffing Plan

To ensure compliance with this Section, the Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic

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background, gender, and Federal occupational categories. The Contractor shall complete the Staffing plan form and submit it as part of their bid or proposal or within a reasonable time, but no later than the time of award of the contract. (See attached form and instructions at the end of this document.)

WORKFORCE UTILIZATION REPORTS SHALL BE COLLECTED MONTHLY FOR CONSTRUCTION CONTRACTS AND QUARTERLY FOR ALL OTHER CONTRACTS.

D. Workforce Employment Utilization Report (Workforce Utilization Reports shall be collected on a monthly basis for construction contracts and on a quarterly basis for all other contracts.)

1. The Contractor shall submit a Workforce Report, and shall require each of its Subcontractors to submit a Workforce Report, in such format as shall be required by NFTA on a QUARTERLY basis during the term of the contract. See attached form and instructions at the end of this document. Go to the following website to download the Guide: https://www.eeoc.gov/employers/eeo1survey/jobclassguide.cfm

2. Separate forms shall be completed by Contractor and any Subcontractor. 3. In limited instances, the Contractor may not be able to separate out the workforce utilized in the performance of the Contract from the Contractor's and/or Subcontractor's total workforce. When a separation can be made, the Contractor shall submit the Workforce Report and indicate that the information provided related to the actual workforce utilized on the Contract. When the workforce to be utilized on the contract cannot be separated out from the Contractor's and/or Subcontractor's total workforce, the Contractor shall submit the Workforce Report and indicate that the information provided is the Contractor's total workforce during the subject time frame, not limited to work specifically under the contract.

E. The Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. The Contractor and Subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law regarding non-discrimination on the basis of prior criminal conviction and prior arrest.

IV. MWBE Utilization Plan

A. The Contractor represents and warrants that Contractor has submitted an MWBE Utilization Plan, by submitting evidence thereof through the New York State Contract System (“NYSCS”), which can be viewed at https://ny.newnycontracts.com, provided, however, that the Contractor may

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arrange to provide such evidence via a non-electronic method to NFTA, either prior to, or at the time of, the execution of the contract.

B. The Contractor agrees to use such MWBE Utilization Plan for the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals set forth in Section III-A of this Appendix.

C. The Contractor further agrees that a failure to submit and/or use such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, NFTA shall be entitled to any remedy provided herein, including but not limited to, a finding of the Contractor non-responsiveness.

V. Waivers

A. For Waiver Requests, the Contractor should use the NYSCS, provided, however, that Bidder may arrange to provide such evidence via a non-electronic method to NFTA.

B. If the Contractor, after making good faith efforts, is unable to comply with MWBE goals, the Contractor may submit a Request for Waiver documenting good faith efforts by the Contractor to meet such goals. If the documentation included with the waiver request is complete, the NFTA shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) days of receipt.

C. If the NFTA, upon review of the MWBE Utilization Plan and updated Quarterly MWBE Contractor Compliance Reports determines that the Contractor is failing or refusing to comply with the MWBE Contract Goals and no waiver has been issued in regards to such non-compliance, the NFTA may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals.

VI. Contractor’s Monthly Payment Report

The Contractor’s Monthly Payment Report (Form MWBE 102) is to be completed by the Contractor/Vendor, and submitted by the 10th of each month to NFTA for the duration of the contract. This form should include all (e.g. MBE, WBE and non M/WBE) Subcontractors and/or Suppliers assigned by the Contractor/Vendor to perform work during the contract. This reporting should also include payments made by your Subcontractors and/or Suppliers to M/WBE firms.

VII. Liquidated Damages - MWBE Participation

A. Where NFTA determines that the Contractor is not in compliance with the requirements of the Contract and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the NFTA liquidated damages.

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B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract.

C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the NFTA, the Contractor shall pay such liquidated damages to the NFTA within sixty (60) days after they are assessed by the NFTA unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the NFTA.

THE FOLLOWING REQUIREMENT IS APPLICABLE TO PROCUREMENTS WITH A TOTAL EXPENDITURE IN EXCESS OF (I) $25,000 FOR LABOR, SERVICES, EQUIPMENT, MATERIALS, TECHNOLOGY OR ANY COMBINATION OF THE FOREGOING AND (II) $100,000 FOR REAL PROPERTY RENOVATION OR CONSTRUCTION.

13. Participation Opportunities for New York State Certified Service-Disabled Veteran-Owned Businesses:

Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. The NFTA recognizes the need to promote the employment of service- disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of the NFTA contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Bidders/Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles. For purposes of this procurement, the NFTA conducted a comprehensive search and determined that the Contract does not offer sufficient opportunities to set specific goals for participation by SDVOBs as subcontractors, service providers, and suppliers to Contractor. Nevertheless, Bidder/Contractor is encouraged to make good faith efforts to promote and assist in the participation of SDVOBs on the Contract for the provision of services and materials. The directory of New York State Certified SDVOBs can be viewed at: https://ogs.ny.gov/veterans/ .

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Bidder/Contractor is encouraged to contact the Office of General Services’ Division of Service-Disabled Veteran’s Business Development at 518-474-2015 or [email protected] to discuss methods of maximizing participation by SDVOBs on the Contract.

THE FOLLOWING REQUIREMENT IS APPLICABLE TO PROCUREMENTS WITH A TOTAL EXPENDITURE IN EXCESS OF (I) $25,000 FOR LABOR, SERVICES, EQUIPMENT, MATERIALS, TECHNOLOGY OR ANY COMBINATION OF THE FOREGOING AND (II) $100,000 FOR REAL PROPERTY RENOVATION OR CONSTRUCTION.

14. NYS Executive Order No. 162 – Ensuring Pay Equity by State Contractors and Subs

During the term of the underlying contract with a value in excess of (1) $25,000 for labor, services, equipment, materials, technology or any combination of the foregoing and (2) $100,000 for real property renovation and construction, the Contractor and its subcontractors shall comply with New York State Executive Order (EO) No. 162 (2017), a copy of which can be found on the Internet at https://www.governor.ny.gov/news/no- 162-ensuring-pay-equity-state-contractors.

EO No. 162 requires all contractors and subcontractors to provide detailed workforce utilization reports to include, in addition to the equal employment opportunity information, as is currently required to be included in such reports, the (i) job title and (ii) gross wages of each New York State employee of Contractor and subcontractor, as applicable, performing work on a New York State contract, or, alternatively, of each New York State employee in the contractor’s entire workforce if the Contractor or subcontractor cannot identify the individuals working directly on such contract. The requirements of EO No. 162 are mandatory and cannot be waived for any contractor or subcontractor.

Workforce Utilization Reports. As required by EO No. 162, Contractor shall prepare detailed workforce utilization reports (Reports) that reflect the job title and gross wages of each of Contractor’s New York State employees who perform work in connection with the underlying contract, or, if Contractor cannot identify the individuals assigned to perform work in connection with the underlying contract, Contractor’s detailed workforce utilization reports shall reflect (i) the job title (reference the Standard Occupational Classification (SOC) for each, which can be located on the Bureau of Labor Statistics website at https://www.bls.gov/soc/) and (ii) gross wages for each New York State employee in Contractor’s entire workforce. Contractor shall require all of its subcontractors, if any, performing work in connection with the underlying contract to comply with the requirements contained in this Section 14 and such requirement must be contained in the agreement between Contractor and its subcontractor.

Note: Reports do not require Contractor or any subcontractor to identify any individual employee by name, number, or other identifier specific to any particular individual.

For purposes of this Section 14, (i) “Contractor” shall not include any contractor with employees who exclusively perform work on a state contract outside of New York State; any banking or financial institution engaged solely in processing financial transactions;

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any recipient of a grant; any contractor engaged solely in licensing intellectual property to a state agency or authority; primary and secondary school systems, and institutions of higher learning; American Indian or Alaskan Native tribes; any agency of the Federal Government of the United States of America; any corporation owned by the Federal Government of the United States of America; and any contractor organized in a country other than the United States of America, (ii) “subcontractor” shall not include any entity providing exclusively goods and transportation directly to, or on behalf of, the prime contractor in connection with the underlying contract and (iii) “underlying contract” shall not include contracts for staffing or other personnel of the NFTA, debt service, travel reimbursements, utilities, OGS chargebacks, postage, the purchase of telephones, staff benefits, operating transfers, certain rentals and repairs (such as OGS space chargebacks and real estate rentals), and special departmental charges (such as unemployment insurance and tuition reimbursement).

New York Employees’ Gross Wages. For individual New York State employees compensated at an hourly rate, the Contractor shall report the product of such employees’ hourly wage multiplied by the number of hours worked by such employee on the state contract during the period covered by the Report. For salaried New York State employees not compensated on an hourly basis, the Contractor shall first determine the average hourly gross wages of such employees by dividing such employees’ gross wages by the estimated number of hours worked on the underlying contract by such employees during the period covered by the Report. After determining the average hourly gross wages of such salaried employees, Contractor shall report the product of such employees’ average hourly wage and the number of hours worked on the underlying contract during the period covered by the Report.

Contractor and each subcontractor shall report gross wages of New York State employees by (i) gender, (ii) racial or ethnic group and (iii) job title. For example, if Contractor employs two Hispanic-American men as electricians and one Caucasian woman as an insulation worker on the underlying contract, Contractor should report the combined gross wages of the two Hispanic-American men employed in the same job title as one entry on the workforce utilization report. Contractor should report the gross wages of the Caucasian woman as one entry on the workforce utilization report as she is the only Caucasian woman employed by the contractor on the state contract under the title of insulation worker.

When the workforce utilized in connection with the performance of the underlying contract can be separated out from Contractor’s and/or subcontractor’s total workforce, Contractor and/or subcontractor shall submit a Report of the New York employee workforce utilized on the underlying contract. When the workforce to be utilized on the underlying contract cannot be separated out from Contractor’s and/or subcontractor’s total workforce, information on Contractor’s and/or subcontractor’s total New York employee workforce should be included in the Report.

Reporting Interval: Type and Value of Contract. Contractor shall electronically deliver Reports, and collect and electronically deliver its subcontractors’ Reports, to the NFTA on a quarterly basis, not later than ten (10) calendar days following the last day of each quarter, if the underlying contract has a contract value in excess of $25,000.00; provided, however, if the underlying contract is a construction contract that has value in excess of $100,000.00, the Report shall be electronically delivered to the NFTA on a monthly basis

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(but gross wages only may be reported quarterly), not later than ten (10) calendar days following the last day of each month, in each case, throughout the term of the underlying contract. All Reports shall be submitted via email to [email protected] using the Report form found at https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order- 162. NFTA reserves the right to require Contractor to combine, in a single Report, its subcontractors’ workforce utilization with its own. All payments required to be made by NFTA pursuant to the underlying contract will be contingent upon receipt of all required reporting. Contractor must compile all relevant gross wage information for the period beginning January 1, 2018 and ending March 31, 2018 in order to provide the requisite information for the first quarter report. No Report shall be due prior to January 10, 2018. This reporting obligation does not relieve Contractor or any subcontractor of its responsibility to submit certified payrolls, as and when required, or MWBE information.

Disclosure. The NFTA will notify Contractor and subcontractors, as applicable, of any Freedom of Information Law request it receives for any Report and will only provide disclosure consistent with Public Officers Law Section § 87(2).

All EO No. 162 reporting forms, instructions and frequently asked questions and answers are available on the Empire State Development website at: https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order-162.

15. Conflicting Terms In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Request for Proposal, the terms of this Request for Proposal shall control.

16. Governing Law This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

17. Prompt Payment / Late Payment The NFTA’s prompt payment policy shall apply to this procurement. To the extent not inconsistent with Section 2880 of the New York Public Authorities Law, timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

18. No Arbitration Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

19. Service of Process In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient.

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Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

20. Prohibition on Purchase of Tropical Hardwoods The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualifica- tion for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

21. Macbride Fair Employment Principles In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.

22. Omnibus Procurement Act of 1992 It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.

Information on the availability of New York State subcontractors and suppliers is available from:

NYS Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 Fax: 518-292-5884 email: [email protected]

A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, NY 10017

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212-803-2414 email: [email protected] http://esd.ny.gov/MWBE/directorySearch.html

The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

23. Reciprocity and Sanctions Provisions Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision.

24. Compliance with New York State Information Security Breach and Notification Act Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208).

25. Compliance with Consultant Disclosure Law If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual

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employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller.

26. Procurement Lobbying To the extent this agreement is a "procurement contract" as defined by State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement.

27. Certification of Registration to Collect Sales and Compensating Use Tax by Certain State Contractors, Affiliates and Subcontractors To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State

28. Suspension and Debarment This Article applies to contracts for amounts in excess of $25,000.00. The Contractor certifies by execution of this Agreement that neither the Contractor nor its principals or affiliates are excluded or disqualified as defined at 49 CFR Part 29. The Contractor also agrees to include these requirements in each subcontract exceeding $25,000.00.

29. New York State Buy America Provisions All purchase contracts for supplies, material or equipment involving an estimated expenditure in excess of fifty thousand dollars shall require with respect to materials, supplies and equipment made of, fabricated from, or containing steel components, that such steel components be produced or made in whole or substantial part in the United States, its territories or possessions. The provisions of this paragraph shall not apply to motor vehicles and automobile equipment assembled in Canada in conformity with the United States - Canadian trade agreements known as the "Automotive Products Trade Act of 1965," or any amendments thereto.

30. Iran Divestment Act By entering into this Agreement, Contractor certifies in accordance with State Finance Law §165-a that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities List”) posted at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

Contractor further certifies that it will not utilize on this contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this contract, it must provide the same certification at the time the contract is

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renewed or extended. Contractor also agrees that any proposed Assignee of this contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the contract, should the state agency receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

GENERAL PROVISIONS:

1. Workmanship All work under the contract awarded shall be performed consistent with the proponent qualification set forth herein and, in any event, in a timely skillful, workmanlike and professional manner. The contractor shall not use any employees whose work does not meet the aforementioned standard and shall remove any such employees from any work assignment involving the contract if requested to do so by NFTA.

2. Indemnification The contractor shall indemnify, defend and hold harmless NFTA, its affiliates and their respective commissioners, officers, employees, representatives and agents from any and all claims, actions, proceedings, investigations, losses, liabilities, damages (including, without limitation damage to property), injury to persons (including, without limitation, death), penalties, fines, costs and expenses (including, without limitation, attorneys’ fees and costs) relating in any way to (i) contractor’s proposal, (ii) any act or omission of contractor relating in any way to its performance under the contract, if awarded the contract contemplated hereby, and/or (iii) any default or breach by Contractor, whether threatened, actual, or alleged.

3. Termination for Convenience NFTA reserves the right to terminate the contract awarded pursuant hereto for convenience and make settlement with the contractor upon an equitable basis as determined by NFTA, which shall fix the value of the services performed by Contractor prior to such termination. In determining the value of the services performed, NFTA shall consider the following:

(a) The ratio of the percentage of the services performed by the contractor prior to termination to all Services contracted for, less any payment(s) previously made.

(b) The amount of the expense incurred by the contractor in performing the

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services rendered prior to termination, in proportion to the amount of expense to which the contractor would have incurred had it been allowed to complete all services contracted for, less any payment(s) previously made.

In determining the value of the services, NFTA shall give no consideration whatsoever to the profit which the contractor might have made on any of the uncompleted portion of the services.

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FORMS AND REFERENCE SECTION Failure to submit the requested information and forms may cause the proposal to be considered non-responsive.

1. Proposal Submittal Form

2. Exceptions and Deviations Form

3. Cost Proposal Form

4. Non-collusive Proposal Certification Form

5. NYS Finance Law 139-j and 139-k (Lobbying Law) – Disclosure Statement

6. Disclosure of Prior Non-Responsibility Form

7. Bidder’s/Proposer’s Affirmation and Certification Form

8. Acknowledgement of Addenda Form

9. Contractor Certification Form ST-220-TD (complete if total estimated expenditure is in excess of $100,000, not including renewals)

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NFTA RFP NO. 4805 PROPOSAL SUBMITTAL FORM

The undersigned submits the enclosed proposal, which is in complete conformity with the intent of the proposal documents. The proponent agrees that should it be awarded a contract on the basis of this proposal through the issuance of a contract from the Niagara Frontier Transportation Authority, it will provide the materials, supplies, equipment or services in strict compliance with the contract documents for the compensation stipulated herein. The proponent agrees that its proposal shall remain effective for a period of 90 days from the formal proposal opening date.

Proponents with the submission of this proposal certify that they are not on the Comptroller General’s List of Ineligible Contractors.

Firm Name:

Federal ID No.:

Contact Person:

Mailing Address:

Authorized Signature:

Title:

Date:

Telephone/Fax No.:

Email address:

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NFTA RFP NO. 4805 EXCEPTIONS / DEVIATIONS

List any exceptions, deviations or minor points of variances below that the proponent/bidder would like NFTA to consider.

ITEM EXCEPTIONS/ DEVIATIONS

1.

2.

3.

4.

5.

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RFP NO. 4805 COST PROPOSAL FORM

Name of Proponent: ______

ESTIMATED DESCRIPTION MANUFACTURER’S UNIT TOTAL QUANTITY NAME/PROODUCT AMOUNT AMOUNT NAME/PART #

9 ESS

9 7-Year Extended Warranty* TOTAL $ Note*: A seven (7) year extended warranty is required if the proposed ESS has less than five (5) years of documented and successful use with the Allison Ep 40 Hybrid Drive System.

______LUMP SUM GRAND TOTAL AMOUNT BID WRITTEN IN WORDS

WARRANTY (Provide warranty information or attach on separate page):

______

______

______

______

______

______

Payment Terms: ______

Lead Time: ______

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NON-COLLUSIVE PROPOSAL CERTIFICATION FORM

By submission of this proposal, each Proponent and each person signing on behalf of any Proponent certifies, and in the case of a joint proposal each party thereto certifies as to his or her own organization, under penalty of perjury, that to the best of his or her knowledge and belief: a) The prices in this proposal have been arrived at independently, without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Proponent or with any competitor; b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Proponent and will not knowingly be disclosed by the Proponent prior to opening, directly or indirectly, to any other Proponent or to any competitor, and c) No attempt has been made or will be made by the Proponent to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

______Proponent

______Name

______Signature

______Title

______Date

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NEW YORK STATE FINANCE LAW SECTIONS 139-j AND 139-k (“Lobbying Law”) – DISCLOSURE STATEMENT

General Information

All procurements by the Niagara Frontier Transportation Authority or Niagara Frontier Transit Metro System, Inc. (collectively, “NFTA/Metro”) in excess of $15,000 annually, are subject to New York State’s State Finance Law Sections 139-j and 139-k, (“Lobbying Law”).

Pursuant to the Lobbying Law, all “contacts” (defined as oral, written or electronic communications with NFTA/Metro intended to influence NFTA/Metro’s conduct or decision regarding a procurement) during a procurement must be made with one or more designated Point(s) of Contact only. Exceptions to this rule include written questions during the bid/proposal process, communications with regard to protests, contract negotiations and RFP conference participation. Nothing in the lobbying Law inhibits any rights to make an appeal, protest or complaint under existing administrative or judicial procedures.

Violations of the policy regarding permissible contacts must be reported to the NFTA/Metro Ethics Officer and investigated accordingly. The first violation may result in a determination of non-responsibility and ineligibility for award to the violator and its subsidiaries, affiliates and related entities. The penalty for a second violation within four (4) years is ineligibility for bidding/proposing on a procurement and/or ineligibility from being awarded any contract for a period of four (4) years. The NFTA/Metro will notify the New York State Office of General Services (“OGS”) of any determinations of non-responsibility or debarments due to violations of the Lobbying Law. Violations found to be “knowing and willful” must be reported to the NFTA/Metro Executive Director and OGS.

Moreover, the statutes require the NFTA/Metro to obtain certain affirmations and certifications from bidders and proposers. This Disclosure Statement contains the forms with which to comply, together with additional information and instructions. ______

Instructions

New York State Finance Law δ139-k(2) obligates the NFTA/Metro to obtain specific information regarding prior non-responsibility determinations. In accordance with New York State Finance Law δ139-k, an offerer must be asked to disclose whether there has been a finding of non- responsibility made within the previous four (4) years by any governmental entity due to: (a) a violation of New York State Finance Law δ139-j or (b) the intentional provision of false or incomplete information to a governmental entity.

As part of its responsibility determination, New York State Finance Law δ139-k (3) mandates consideration of whether an offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no procurement contract shall be awarded to any offerer that fails to timely disclose accurate or complete information under this section, unless the factual elements of the limited waiver provision can be satisfied on the written record.

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Disclosure of Prior Non-responsibility Determinations Form

Name of Bidder/ Proposer: ______Address: ______

Name/Title of Person Submitting Form: ______

Has any governmental entity1 made a finding of non-responsibility regarding the Bidder/Proposer in the previous four years? ___Yes ___No

If yes: Was the basis for the finding of the Bidders/Proposer’s non-responsibility due to a violation of State Finance Law δ139-j?

___Yes ___No

Was the basis for the finding of Bidder’s Proposer’s non-responsibility due to the intentional provision of false or incomplete information to a governmental entity? ___Yes ___No

If yes, please provide details regarding the finding or non-responsibility below:

Governmental Entity: ______

Year of Finding of Non-responsibility:______

Basis of Finding of Non-responsibility: ______(Add additional pages as necessary)

Has any governmental entity terminated a procurement contract with the Bidder/Proposer due to the intentional provision of false or incomplete information? ___Yes ___No

1 A “governmental entity” is (1) any department, board, bureau, commission, division, office, council, committee or officer of New York State, whether permanent or temporary; (2) each house of the New York State Legislature; (3) the unified court system (4) any public authority, public benefit corporation or commission created by or existing pursuant to the public authorities law; (5) any public authority or public benefit corporation, at least one of whose members is appointed by the governor or who serves as member by virtue of holding a civil office of the state; (6) a municipal agency, as that term is defined in paragraph (ii) of subdivision(s) of section one-c of the Legislative Law; or (7) a subsidiary or affiliate of such a public authority. (SFL δ139-j, paragraph 1.a.)

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BIDDER’S/PROPOSER’S AFFIRMATION AND CERTIFICATION FORM

By signing below, the Bidder/Proposer:

a) Affirms that the Bidder/Proposer understands and agrees to comply with the policy regarding permissible contacts in accordance with New York State Finance Law Sections 139-j and 139-k. b) Certifies that all information provided to the NFTA/Metro with respect to New York State Finance Law δ139-j and δ139-k is complete, true and accurate.

By: ______Date:______(Signature of Person Certifying)

Print Name and Title:______Title:______

Bidder/Proposer or Contractor/Consultant (Full Legal Name):______

Address of Bidder/Proposer or Contractor/Consultant:______

Business Telephone Number:______

NFTA/Metro’s Right To Terminate

The NFTA/Metro reserves the right to terminate a Contract in the event it is found that the certification filed by the Bidder/Proposer, in accordance with New York State Finance Law δ139-k, was intentionally false or intentionally incomplete. Upon such finding, the NFTA/Metro may exercise its termination right by providing written notification to the Bidder/Proposer in accordance with the written notification terms of the Contract.

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NFTA RFP NO. 4805 ACKNOWLEDGMENT OF ADDENDA

The following form shall be completed and included in the proposal/bid.

Failure to acknowledge receipt of all addenda may cause the proposal/bid to be considered non-responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Offer.

ACKNOWLEDGMENT OF ADDENDA

The undersigned acknowledges receipt of the following addenda to the documents:

Addendum No. ______, Dated______

Addendum No. ______, Dated______

Addendum No. ______, Dated______

Addendum No. ______, Dated______

Addendum No. ______, Dated______

Addendum No. ______, Dated______

Addendum No. ______, Dated______

Addendum No. ______, Dated______

______Proponent/Bidder ______Street Address ______City, State, Zip ______Authorized Signature ______Printed Name ______Title ______Phone ______Fax ______Email

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Page 4 of 4 ST-220-TD (4/15) Individual, Corporation, Partnership, or LLC Acknowledgment STATE OF } : SS.: COUNTY OF }

On the day of in the year 20 , before me personally appeared , known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that he resides at , Town of , County of ,

State of ; and further that: (Mark an X in the appropriate box and complete the accompanying statement.)

(If an individual): ___he executed the foregoing instrument in his/her name and on his/her own behalf.

(If a corporation): ___he is the______of the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

(If a partnership): ___he is a______of the partnership described in said instrument; that, by the terms of said partnership, he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

(If a limited liability company): __he is a duly authorized member of ______LLC, the limited liability company described in said instrument; that he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

Notary Public

Registration No.

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